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HomeMy WebLinkAbout1.00 General Application Materialsce 'Jarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION D Minor Subdivision D Major Subdivision D Sketch0Preliminary0Final D Conservation Subdivision D Yield □sketch 0Preliminary0Final D Time Extension INVOLVED PARTIES Owner/ Applicant Name: Barbara Chaplin Mailing Address: PO Box 11 City: Silt E-mail: Representative (Authorization Required) Name: Sarah LaRose Mailing Address: 455 Cedar Hills Road City: Silt E-mail: slarose920@gmail.com PROJECT NAME AND LOCATION Project Name: Chaplin Final Plat Amendment Assessor's Parcel Number: 2179-011-00-002 DIVISIONS OF LAND APPLICATION FORM D Preliminary Plan Amendment IT] Final Plat Amendment D Common Interest Community Subdivision D Public/County Road Split Exemption D Rural Land Development Exemption D Basic Correction Exemption State: CO State: CO Phone: ( 970 ) 876-0270 Zip Code: 816 52 Phone: ( 970 ) 379-3738 Zip Code: 81652 Physical/Street Address: 4023 County Road 214 Legal Description: Sec. 1 Township: 6 Range: 92 LOT 2(46.62A) Part of Lot 1 (2.11A), SWNE(29.67 A) Zone District: Rural Property Size (acres): 76.56 Project Description Existing Use: See narrative for full details. Proposed Use (From Use Table 3-403): single-family dwelling Description of Project: The owner would like to amend the lot lines and record an updated final plat. See narrative for full details. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 4 76.56 total; see narrative Duplex anu propo,eu amenueu f;n,I nla.lfo.r.5p.e_cific..lo.t..sb,o< Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements □The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards □The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. erty Owner or Authorized Representative, Title OFFICIAL USE ONLY FileNumber: _______ _ Fee Paid:$ ___________ _ Garfield County Planning Application – Narrative and Associated Information for Final Plat Amendment Application Chaplin Property – 4023 County Road 214, New Castle CO 81647 Submitted on behalf of Barbara Chaplin by Timothy and Sarah LaRose General Application Materials including - The Application Form (signed) The signed application form is attached. - Payment of Fees and signed Payment Agreement Form (see attached) The signed Payment Agreement Form is attached. Payment was made by check. - A narrative describing the request and related information: GENERAL DESCRIPTION: The Chaplin property was subdivided into 4 lots in 1998 and approved by Resolution No. 98-42. While a draft plat is reflected in the County files, no plat was filed or recorded for the property at that time. County review of the current files acknowledges the validity of the approved Resolution. Now the owner is proposing to adjust the lot lines and change the configurations and sizes of the 4 lots from the descriptions included in the Resolution. Planning Staff has advised the property owner that an Amended Plat is required to make the proposed changes. REASON FOR AMENDMENT: The subject property is 76.56 acres total and is currently subdivided into four lots. Lot 1, which is about 10 acres (+/-) in size, contains the landowner’s residence, art studio, apple orchard, and a small irrigated hay field. Lots 2 (about 20 ac), 3 (about 18 ac), and 4 (about 30 ac) consist of native habitat and irrigated hay fields and are currently undeveloped. The proposed Final Plat Amendment would reconfigure the boundary between Lots 1 and 2 to better align with the landowner’s intended use. Specifically, approximately 7.8 acres (including the irrigated hay field) would be transferred from Lot 1 to Lot 2, reducing Lot 1 to approximately 2.01 acres encompassing only the residence, studio, and orchard. This amendment will separate the residential improvements from the agricultural hay ground and maintain the eligibility of lots 2, 3, and 4 for possible future residential construction in accordance with applicable zoning and land use regulations. In addition, the boundary lines between Lots 2 and 3 and Lots 3 and 4 will be adjusted slightly to create a more practical and functional lot configuration. No new lots will be created in this proposed final plat amendment and the overall acreage of the four lots combined will remain the same. There will be no changes or conflicts with existing setbacks or structures, and all lot access and easements will remain the same. Proposed lot size adjustments: Lot 1 will be reduced from 9.82 to roughly 2.01 acres including the primary residence, art studio and apple orchard. Lot 2 (about 20 acres) will increase to about 35.14 acres. Lot 3 (about 18 acres) will increase to about 22.45 acres. Lot 4 (about 30 acres) will decrease to about 16.96 acres. The lot adjustments will maintain compliance with all current Rural Zone District Standards including a minimum 2-acre lot size. No new lots will be created and the overall acreage of the four lots combined will remain the same. The lot adjustments will be in general conformance with the previous approvals and representations including provision of access, water, wastewater, and other infrastructure requirements serving the lots. The amendment will not result in any changes to drainage, access, utility services, or any other applicable Subdivision and Article 7 topics. The Applicant is not requesting any waivers for Submission Requirements (per Section 4- 202) or Standards (per Section 4-118). The lot adjustments will comply with the review criteria for an amended plat contained in the Land Use and Development Code Section 5-305(c): This final plat amendment will not change the total amount of lots or result in any new roads or relocation of existing roads. While there were no technical errors with the boundaries noted in Resolution 98-42, a final plat was never recorded. This amendment will adjust the sizes and boundaries of the 4 lots and will be recorded in compliance with 5- 305(c). There are no current lienholders on the property, and no Waivers of Submittal Requirements are being requested. - Proof of ownership (Deed) Refer to attached Deed dated March 2, 1978. - Title Commitment Refer to attached Title Commitment documents. - A recorded Statement of Authority is required for any property owned by an LLC or other entity. N/A – The property is not owned by an LLC or other entity. - A Letter of Authorization if an owner intends to have a representative complete the Application and processing See attached Letter of Authorization from Barbara Chaplin (owner) authorizing Timothy and Sarah LaRose to complete the Application and processing - Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records See attached “Names and Mailing Addresses of Property Owners within 200 ft. of 4023 CR 214, New Castle CO 81647” - Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached) - Search for Mineral Owners on Parcel #2179-011-00-002: No mineral owners are listed on the final plat for the 1998 Chaplin Subdivision Exemption which was not recorded. From the title documents associated with the property, the applicants were able to conclude that James and Dorothy Conto held 100% of mineral rights until 1964, when one-half (50%) of those rights were then transferred to Walter and Alice Castle (See Deed Reception #225449). The Castles then transferred one-half of their mineral rights (25% total) to Kelly and Georgia Klumker in 1968 (see Deed Reception #243139). In 1978, Donald and Barbara Chaplin purchased the property and associated mineral rights from the Klumkers, thereby assuming the 25% of mineral rights that the Klumkers previously held (see Deed Reception #283810). Therefore, Barbara Chaplin currently holds 25% of mineral rights; Walter and Alice Castle hold 25% of mineral rights; and James and Dorothy Conto hold 50% of mineral rights. There were no current mailing addresses listed for Walter and Alice Castle or James and Dorothy Conto in any of the associated documentation. The current mailing address for Barbara Chaplin is PO Box 11, Silt CO 81652. The applicants visited the Garfield County Clerk and Recorder’s office, as well as the County Assessor’s office to use their database to check for any additional mineral rights records and were unable to locate any additional documentation in regards to mineral rights or mailing addresses of mineral rights holders. There were no title documents prior to the Conto deed from 1964 to indicate any preceding mineral rights holders. The County Assessor’s Office did perform a search on mineral rights for the property and determined that there were no active mineral leases. - A copy of the Preapplication Summary The Preapplication Summary is attached. - Vicinity Map See “Vicinity Maps” attached - The Proposed Amended Final Plat according to 5-402.F. Final Plat See “Proposed Amended Final Plat” attached - All required certificates (including signature blocks) shall be included on the plat - If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat - A copy of covenants on the property or reference to recording information for the covenants. See attached “Declaration of Easements and Covenants”. As noted in the Easements and Covenants, the Domestic Water Supply for Lot 1 is derived from the Klumker Well and is separate and distinct from the domestic water supply for Lots 2, 3 and 4 (Chaplin Well No. 1). This proposed final plat amendment will not modify any existing requirements for domestic water supply for any of the four lots. - The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. If changes are triggered the Application needs to provide details and demonstration of compliance with Land Use and Development Code Standards. This Application will not result to any changes in drainage, access, utility services, or any other applicable Subdivision and Article 7 topics. - Copy of the original Resolution of Approval The original Resolution of Approval (Resolution No. 98-42) is attached. Owner Mailing Address BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 CHAPLIN, BARBARA L PO BOX 11 SILT, CO 81652 CHAPLIN, BARBARA L PO BOX 11 SILT, CO 81652 CHAPLIN, BARBARA L PO BOX 11 SILT, CO 81652 CHAPLIN, BARBARA L PO BOX 11 SILT, CO 81652 ABARCA, FERNANDO BUENO & SERNA, STEVEN 3815 COUNTY ROAD 214 SILT, CO 81652 ABARCA, FERNANDO BUENO & SERNA, STEVEN 3815 COUNTY ROAD 214 SILT, CO 81652 ABARCA, FERNANDO BUENO & SERNA, STEVEN 3815 COUNTY ROAD 214 SILT, CO 81652 ABARCA, FERNANDO BUENO & SERNA, STEVEN 3815 COUNTY ROAD 214 SILT, CO 81652 DETLEFSEN, KELLY J & SCOTT A 3891 COUNTY ROAD 214 SILT, CO 81652 DETLEFSEN, KELLY J & SCOTT A 3891 COUNTY ROAD 214 SILT, CO 81652 DETLEFSEN, KELLY J & SCOTT A 3891 COUNTY ROAD 214 SILT, CO 81652 DETLEFSEN, KELLY J & SCOTT A 3891 COUNTY ROAD 214 SILT, CO 81652 STICKLER, CHET A & MERIYA 4100 COUNTY ROAD 214 SILT, CO 81652 STICKLER, CHET A & MERIYA 4100 COUNTY ROAD 214 SILT, CO 81652 STICKLER, CHET A & MERIYA 4100 COUNTY ROAD 214 SILT, CO 81652 STICKLER, CHET A & MERIYA 4100 COUNTY ROAD 214 SILT, CO 81652 MEYER, RICHARD P & FAY A 4073 COUNTY ROAD 214 SILT, CO 81652 MEYER, RICHARD P & FAY A 4073 COUNTY ROAD 214 SILT, CO 81652 MEYER, RICHARD P & FAY A 4073 COUNTY ROAD 214 SILT, CO 81652 MEYER, RICHARD P & FAY A 4073 COUNTY ROAD 214 SILT, CO 81652 CEDAR HILLS RANCH HOMEOWNERS ASSOC 681 CEDAR HILLS ROAD SILT, CO 81652 CEDAR HILLS RANCH HOMEOWNERS ASSOC 681 CEDAR HILLS ROAD SILT, CO 81652 CEDAR HILLS RANCH HOMEOWNERS ASSOC 681 CEDAR HILLS ROAD SILT, CO 81652 CEDAR HILLS RANCH HOMEOWNERS ASSOC 681 CEDAR HILLS ROAD SILT, CO 81652 NIELSEN, GREGORY S & CAROL LYNNE 369 CEDAR HILLS ROAD SILT, CO 81652-9588 NIELSEN, GREGORY S & CAROL LYNNE 369 CEDAR HILLS ROAD SILT, CO 81652-9588 NIELSEN, GREGORY S & CAROL LYNNE 369 CEDAR HILLS ROAD SILT, CO 81652-9588 NIELSEN, GREGORY S & CAROL LYNNE 369 CEDAR HILLS ROAD SILT, CO 81652-9588 DESAUTELS, ALAN L 425 CEDAR HILLS ROAD SILT, CO 81652 DESAUTELS, ALAN L 425 CEDAR HILLS ROAD SILT, CO 81652 DESAUTELS, ALAN L 425 CEDAR HILLS ROAD SILT, CO 81652 DESAUTELS, ALAN L 425 CEDAR HILLS ROAD SILT, CO 81652 WALKER, ANTHONY & TAYLOR 284 CEDAR HILLS ROAD SILT, CO 81652 WALKER, ANTHONY & TAYLOR 284 CEDAR HILLS ROAD SILT, CO 81652 WALKER, ANTHONY & TAYLOR 284 CEDAR HILLS ROAD SILT, CO 81652 WALKER, ANTHONY & TAYLOR 284 CEDAR HILLS ROAD SILT, CO 81652 GOMEZ, MOISES & RODRIGUEZ LARA, CLAUDIA B 170 CEDAR HILLS ROAD SILT, CO 81652 NAMES AND MAILING ADDRESSES OF PROPERTY OWNERS WITHIN 200' OF 4023 CR 214, NEW CASTLE CO 81647 GOMEZ, MOISES & RODRIGUEZ LARA, CLAUDIA B 170 CEDAR HILLS ROAD SILT, CO 81652 GOMEZ, MOISES & RODRIGUEZ LARA, CLAUDIA B 170 CEDAR HILLS ROAD SILT, CO 81652 GOMEZ, MOISES & RODRIGUEZ LARA, CLAUDIA B 170 CEDAR HILLS ROAD SILT, CO 81652 ARMIJO, ARTHUR C & LAPRIEL M 3699 COUNTY ROAD 214 SILT, CO 81652 ARMIJO, ARTHUR C & LAPRIEL M 3699 COUNTY ROAD 214 SILT, CO 81652 ARMIJO, ARTHUR C & LAPRIEL M 3699 COUNTY ROAD 214 SILT, CO 81652 ARMIJO, ARTHUR C & LAPRIEL M 3699 COUNTY ROAD 214 SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 ELDER, JARAD & RACHAEL 1156 COUNTY ROAD 352 RIFLE, CO 81650 ELDER, JARAD & RACHAEL 1156 COUNTY ROAD 352 RIFLE, CO 81650 ELDER, JARAD & RACHAEL 1156 COUNTY ROAD 352 RIFLE, CO 81650 ELDER, JARAD & RACHAEL 1156 COUNTY ROAD 352 RIFLE, CO 81650 SITE PLAT NOTES: 6.THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT NO. 2026-01-1 ISSUED BY COMMONWEALTH TITLE COMPANY EFFECTIVE DATE: JANUARY 14, 2026. 7.A DRAFT PLAT OF THE ORIGINAL CHAPLIN SUBDIVISION EXEMPTION WAS SUBMITTED TO THE COUNTY BUT WAS NEVER RECORDED. THE PURPOSE OF THIS AMENDED SUBDIVISION EXEMPTION PLAT IS TO RECTIFY THIS ISSUE AND TO AMEND THE LOT LINES AS DESCRIBED IN SAID RESOLUTION DESCRIBED ABOVE. 8.THE MINIMUM DEFENSIBLE SPACE DISTANCE SHALL BE 30 FEET ON LEVEL TERRAIN, PLUS APPROPRIATE MODIFICATION TO RECOGNIZE THE INCREASED RATE OF FIRE SPREAD AT SLOPED SITES. THE METHODOLOGY DESCRIBED IN " DETERMINING SAFETY ZONE DIMENSIONS, WILDFIRE SAFETY GUIDELINES FOR RURAL HOMEOWNERS," ( COLORADO STATE FOREST SERVICE) SHALL BE USED TO DETERMINE DEFENSIBLE SPACE REQUIREMENTS FOR THE REQUIRED DEFENSIBLE SPACE WITHIN BUILDING ENVELOPES IN AREAS EXCEEDING FIVE ( 5) PERCENT GRADE. 9.UPON ADOPTION OF ROAD IMPACT FEES BY THE BOARD OF COUNTY COMMISSIONERS, THE LOTS CREATED BY THIS EXEMPTION SHALL BE SUBJECT TO PAYING THE FEES, PAID AT TIME OF BUILDING PERMIT APPLICATION, PAID BY THE BUILDING PERMIT APPLICANT. 10.PORTIONS OF THIS EXEMPTION WERE APPROVED BASED ON THE USE OF A CENTRAL WELL AND SHARED WATER SYSTEM. THERE IS NO ASSUMPTION THAT A HOUSEHOLD USE ONLY WELL WILL BE A DEPENDABLE WATER SUPPLY. ANY PURCHASER OF A PARCEL OF LAND THAT WAS CREATED BY THIS EXEMPTION RESERVES THE RIGHT TO USE THE PROPOSED CENTRAL WATER SUPPLY, SPECIFICALLY LOTS 2, 3, OR 4. 11.THE SHARED WELL SYSTEM ( LOTS 2, 3, AND 4) APPROVED FOR THIS EXEMPTION REQUIRES EITHER AN INDIVIDUAL WATER STORAGE TANK, MINIMUM CAPACITY OF 1000 GALLONS, BE INSTALLED AT EACH LOT OR A CENTRAL STORAGE TANK, THE SIZING SHALL BE A MINIMUM OF 1000 GALLONS PER LOT CREATED AND SERVED BY THE CENTRAL WATER SYSTEM. THIS SHALL BE DONE AT TIME OF BUILDING PERMIT APPLICATION AT THE EXPENSE OF THE BUILDING PERMIT APPLICANT. 12.THERE SHALL BE NO RESIDENTIAL CONSTRUCTION ALLOWED WITHIN THE AREAS IDENTIFIED AS DRAINAGE EASEMENT" ON THIS PLAT. 13.SOIL CONDITIONS ON THE SITE MAY REQUIRE ENGINEERED SEPTIC SYSTEMS AND BUILDING FOUNDATIONS. SITE SPECIFIC PERCOLATION TESTS AT THE TIME OF BUILDING PERMIT SUBMITTAL SHALL DETERMINE SPECIFIC ISDS NEEDS ON THE SITE. 14.THERE SHALL BE NO ADDITIONAL SPLITS BY EXEMPTION ON ANY LOT CREATED BY THE APPROVAL OF THIS EXEMPTION." 15.ALL ACCESS EASEMENTS AND DRIVEWAYS SHALL BE LESS THAN 14% GRADE. SITUATED IN THE NE1/4 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO AMENDED FINAL PLAT CHAPLIN SUBDIVISION EXEMPTION TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DRAWN LDV SURVEYED LDV SHEET 1 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. VICINITY MAP CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT ____ O'CLOCK____.M., ON THE ____ DAY OF__________, A.D. 20______, AND IS DULY RECORDED AS RECEPTION NO.______________________. ______________________________________________________________________ CLERK AND RECORDER BY:__________________________________________________________________ DEPUTY SURVEYOR'S CERTIFICATION HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMENDED CHAPLIN SUBDIVISION EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ______ DAY OF______________________ , A.D., 20__. COUNTY COMMISSIONERS' CERTIFICATION BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS ___ DAY OF _______________, A.D., 20____, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. _____________________________________________________________________________ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST:_______________________________________________________________________ COUNTY CLERK CERTIFICATION OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, BARBARA L. CHAPLIN BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY RECORDED IN DEED AS RECEPTION NO. 433379, SITUATED IN GARFIELD COUNTY, STATE OF COLORADO AND DESCRIBED AS FOLLOWS: LOTS 1, 2 AND THE SW¼NE¼ OF SECTION 1, TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6TH P.M. EXCEPT TRACTS OF LAND CONVEYED BY DEEDS RECORDED AS DOCUMENT NO.'S 93135 AND 144916 AND ALSO EXCEPT A TRACT OF LAND RESERVED BY DEED RECORDED AS DOCUMENT NO. 243139. ALSO DESCRIBED AS LOTS 1, 2, 3 AND 4 IN RESOLUTION GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DON CHAPLIN RECORDED AS RECEPTION NO. 526910. CONTAINING 76.56 ACRES, MORE OR LESS, HAS HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS EXEMPTION PLAT UNDER THE NAME AND STYLE OF AMENDED CHAPLIN SUBDIVISION EXEMPTION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS _____ DAY OF ____________________, A.D., 20______. OWNER: _____________________________________________________________ BARBARA L. CHAPLIN 4023 COUNTY ROAD 214 NEW CASTLE, CO 81647 STATE OF COLORADO ) ): SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _______________, A.D., 20_____, BY ANN CATHERINE ROBINSON AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL. ________________________________________________________________________ NOTARY PUBLIC COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS ____________ DAY OF _________________________, 20___. BY:_________________________________________________________________ GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS _____ DAY OF , A.D., 20_____ BY: TREASURER OF GARFIELD COUNTY PROJECT NO: 2026-145 DATE: APRIL 13, 2026 ORF R EV I E W W W LOT 1 2.01 ACRES± LOT 4 16.96 ACRES ± LOT 1 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 2 OPEN SPACE CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 3 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 4 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 BUREAU OF LAND MANAGEMENT BU R E A U O F L A N D M A N A G E M E N T OW N E R : A R M I J O , A R T H U R C . & L A P R I E L M . PA R C E L N O . : 2 1 7 9 0 1 2 0 0 5 6 5 PA R C E L 2 - S O N N I E R E X E M P T I O N RE C . N O . 4 8 1 6 9 7 COUNTY ROAD 214 (PEACH VALLEY ROAD) APPARENT 60' R.O.W. STUDIO SINGLE - LEVEL HOUSE 4023 C.R. 214, NEW CASTLE BARN EXISTING WELL ORCHARD ROSEMAN DITCH (APPARENT EASEMENT) EXISTING WELL G R A V E L D R I V E W A Y DI R T A C C E S S R O A D SOUTH QUARTER OF SECTION 33 FOUND 3-1/4" BLM BRASS CAP ON 2-1/2" PIPE (1.0'AG) "1989" FOUND 1-1/2" ALUMINUM CAP ON NO.5 REBAR LS 7734 (0.3'AG) LOCALLY ACCEPTED NORTH QUARTER OF SECTION 1 FOUND 1-1/2" ALUMINUM CAP ON NO.5 REBAR LS 7734 (0.3'BG) IN MOUND OF STONE LOCALLY ACCEPTED CENTER-NORTH 1/16TH OF SECTION 1 FOUND 1" IRON PIPE (F) AT FENCE CORNER LOCALLY ACCEPTED CENTER QUARTER OF SECTION 1 FOUND NO.5 REBAR(0.5'AG) (PER PEACH VALLEY ACRES PLAT) 15" CM P 25' DRAINAGE & UTILITY EASEMENT FOR BENEFIT OF LOT 2 50' ACCESS, DRAINAGE & UTILITY EASEMENT ROSEMAN DITCH (APPARENT EASEMENT) DI R T A C C E S S R O A D WIRE FENCE WIRE FENCE W I R E F E N C E WOOD FEN C E GATE 20' DRAINAGE & UTILITY EASEMENT 10 . 0 ' 10 . 0 ' N89°37'22"E 1450.41' B A S I S O F B E A R I N G S S 1 ° 2 0 ' 4 7 " W 1 3 3 4 . 0 1 ' S82°37'47"W 69.05' S 0 ° 0 8 ' 3 9 " E 1 1 3 0 . 4 8 ' S83°55'50"W 509.32' N 1 ° 1 5 ' 3 2 " W 1 5 2 3 . 4 9 ' S 3 4 ° 5 6 ' 4 9 " E 1 6 2 9 . 5 3 ' (TIE) N89°44'13"E 339.64' (TIE) S1°04'10"E 47.97' (S 0 ° 2 7 ' 5 1 " E 7 6 7 . 4 8 ' ) ( 1 3 3 4 . 0 5 ' ) (S82°37'17"W 69.04') ( S 0 ° 0 8 ' 2 6 " E 1 1 3 0 . 4 3 ' ) (S83°56'04"W 509.42') 276.19' (TIE) 5.09' 158.02' L1 C1 C2 (N89°37'29"E 1450.19') 4 6 6 . 2 6 ' 10 5 7 . 2 3 ' 417.14' 1033.27' FENCE ON ROCK LEDGE AS DESCRIBED IN DEED RECORDED OCTOBER 24, 1941 REC. NO. 144916 S36 ° 4 1 ' 1 8 " W 3 4 9 . 2 0 ' 20. 0 ' 2 0 . 0 ' 5.0' 352 . 5 2 ' 68.30' 10' WELL ACCESS & MAINTENANCE EASEMENT LOT 3 22.45 ACRES ± LOT 2 35.14 ACRES ± TOTAL AREA: 76.56 ACRES ± L 2 L 3 L 4 L 5 L6 L7 L8 L 9 L 1 0 L11 L 1 2 L1 3 L14 L15 L16 L17 L 1 8 L 1 9 L20 L21 L22 L23 L24 L25 L2 6 L27 L2 8 FOUND 2" ALUMINUM CAP ON NO.5 REBAR LS27613 15' WITNESS CORNER (0.2'AG) FOUND 2" ALUMINUM CAP ON NO.5 REBAR LS27613 15' WITNESS CORNER (0.2'AG) OW N E R : A B A R C A , F E R N A N D O B U E N O & SE R N A , S T E V E N PA R C E L N O . : 2 1 7 9 0 1 1 0 0 0 0 3 RE C . N O . 7 1 0 3 7 8 (L A N D S U R V E Y P L A T D E P O S I T E D JU L Y 2 9 , 1 9 9 4 R E C . N O . 1 9 5 ) OW N E R : D E T L E F S E N , K E L L Y J . & S C O T T A . PA R C E L N O . : 2 1 7 9 0 1 1 0 0 0 0 4 RE C . N O . 6 7 9 3 6 0 15 . 0 ' DIR T A C C E S S R O A D N 0 ° 2 7 ' 5 1 " W 5 6 9 . 2 0 ' WI R E F E N C E WI R E F E N C E DIRT A C C E S S R O A D WIRE FENCE S78°15' 1 6 " E 1 3 5 5 . 7 2 ' AB A N D O N E D L O T L I N E (T I E ) 4 6 1 . 7 8 ' FOUND NO.5 REBAR (0.2'BG) LEGEND SITUATED IN THE NE1/4 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO AMENDED FINAL PLAT CHAPLIN SUBDIVISION EXEMPTION TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2026-145 DATE: APRIL 13, 2026 DRAWN LDV SURVEYED LDV SHEET 2 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY FOUND NO. 5 REBAR FOUND 1-1/4" YELLOW PLASTIC CAP ON NO. 5 REBAR LS 13501 (UNLESS OTHERWISE SHOWN) FOUND SURVEY MONUMENT AS DESCRIBED PROPERTY ZONED: RURAL (R ) 100' 50'200' SCALE: 1" = 100' N 0 SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAP TNC PLS38790 FOUND 1-1/4" YELLOW PLASTIC CAP ON NO. 5 REBAR LS 19598 ORF R EV I E W CURVE TABLE CURVE C1 C2 LENGTH 250.66' 37.94' RADIUS 628.32' 593.18' TANGENT 127.02' 18.98' BEARING S71° 39' 24"W S61° 57' 43"W CHORD 249.00' 37.94' DELTA 22°51'28" 3°39'54" (AG) ABOVE GROUND (F) FLUSH TO GROUND (BG) BELOW GROUND ABBREVIATIONS LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 BEARING S60° 13' 42"W N14° 17' 48"W N33° 53' 40"W N37° 48' 02"W N14° 29' 47"W N88° 02' 35"W N73° 45' 05"W N56° 27' 55"W N55° 34' 51"W N46° 57' 58"W N68° 49' 28"W N45° 38' 06"W N66° 19' 57"W S81° 24' 01"W N61° 27' 25"W N9° 52' 20"W N63° 14' 13"W N5° 12' 42"W N38° 35' 21"W N56° 51' 28"E N71° 57' 27"E N87° 22' 42"E N70° 03' 24"E N65° 09' 05"E N84° 19' 52"E S2° 27' 24"E S82° 58' 51"E S5° 33' 33"W DISTANCE 31.79' 115.71' 52.22' 173.55' 79.46' 51.24' 48.04' 32.20' 41.43' 52.60' 34.03' 58.65' 18.47' 19.52' 18.15' 6.91' 4.12' 97.48' 180.24' 32.77' 37.09' 41.49' 81.06' 97.01' 55.78' 149.87' 81.23' 155.06' SITE PLAT NOTES: 6.THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT NO. 2026-01-1 ISSUED BY COMMONWEALTH TITLE COMPANY EFFECTIVE DATE: JANUARY 14, 2026. 7.A DRAFT PLAT OF THE ORIGINAL CHAPLIN SUBDIVISION EXEMPTION WAS SUBMITTED TO THE COUNTY BUT WAS NEVER RECORDED. THE PURPOSE OF THIS AMENDED SUBDIVISION EXEMPTION PLAT IS TO RECTIFY THIS ISSUE AND TO AMEND THE LOT LINES AS DESCRIBED IN SAID RESOLUTION DESCRIBED ABOVE. 8.THE MINIMUM DEFENSIBLE SPACE DISTANCE SHALL BE 30 FEET ON LEVEL TERRAIN, PLUS APPROPRIATE MODIFICATION TO RECOGNIZE THE INCREASED RATE OF FIRE SPREAD AT SLOPED SITES. THE METHODOLOGY DESCRIBED IN " DETERMINING SAFETY ZONE DIMENSIONS, WILDFIRE SAFETY GUIDELINES FOR RURAL HOMEOWNERS," ( COLORADO STATE FOREST SERVICE) SHALL BE USED TO DETERMINE DEFENSIBLE SPACE REQUIREMENTS FOR THE REQUIRED DEFENSIBLE SPACE WITHIN BUILDING ENVELOPES IN AREAS EXCEEDING FIVE ( 5) PERCENT GRADE. 9.UPON ADOPTION OF ROAD IMPACT FEES BY THE BOARD OF COUNTY COMMISSIONERS, THE LOTS CREATED BY THIS EXEMPTION SHALL BE SUBJECT TO PAYING THE FEES, PAID AT TIME OF BUILDING PERMIT APPLICATION, PAID BY THE BUILDING PERMIT APPLICANT. 10.PORTIONS OF THIS EXEMPTION WERE APPROVED BASED ON THE USE OF A CENTRAL WELL AND SHARED WATER SYSTEM. THERE IS NO ASSUMPTION THAT A HOUSEHOLD USE ONLY WELL WILL BE A DEPENDABLE WATER SUPPLY. ANY PURCHASER OF A PARCEL OF LAND THAT WAS CREATED BY THIS EXEMPTION RESERVES THE RIGHT TO USE THE PROPOSED CENTRAL WATER SUPPLY, SPECIFICALLY LOTS 2, 3, OR 4. 11.THE SHARED WELL SYSTEM ( LOTS 2, 3, AND 4) APPROVED FOR THIS EXEMPTION REQUIRES EITHER AN INDIVIDUAL WATER STORAGE TANK, MINIMUM CAPACITY OF 1000 GALLONS, BE INSTALLED AT EACH LOT OR A CENTRAL STORAGE TANK, THE SIZING SHALL BE A MINIMUM OF 1000 GALLONS PER LOT CREATED AND SERVED BY THE CENTRAL WATER SYSTEM. THIS SHALL BE DONE AT TIME OF BUILDING PERMIT APPLICATION AT THE EXPENSE OF THE BUILDING PERMIT APPLICANT. 12.THERE SHALL BE NO RESIDENTIAL CONSTRUCTION ALLOWED WITHIN THE AREAS IDENTIFIED AS DRAINAGE EASEMENT" ON THIS PLAT. 13.SOIL CONDITIONS ON THE SITE MAY REQUIRE ENGINEERED SEPTIC SYSTEMS AND BUILDING FOUNDATIONS. SITE SPECIFIC PERCOLATION TESTS AT THE TIME OF BUILDING PERMIT SUBMITTAL SHALL DETERMINE SPECIFIC ISDS NEEDS ON THE SITE. 14.THERE SHALL BE NO ADDITIONAL SPLITS BY EXEMPTION ON ANY LOT CREATED BY THE APPROVAL OF THIS EXEMPTION." 15.ALL ACCESS EASEMENTS AND DRIVEWAYS SHALL BE LESS THAN 14% GRADE. SITUATED IN THE NE1/4 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO AMENDED FINAL PLAT CHAPLIN SUBDIVISION EXEMPTION TRUE NORTH COLORADO LLC A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DRAWN LDV SURVEYED LDV SHEET 1 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. VICINITY MAP CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT ____ O'CLOCK____.M., ON THE ____ DAY OF__________, A.D. 20______, AND IS DULY RECORDED AS RECEPTION NO.______________________. ______________________________________________________________________ CLERK AND RECORDER BY:__________________________________________________________________ DEPUTY SURVEYOR 'S CERTIFICATION HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMENDED CHAPLIN SUBDIVISION EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ______ DAY OF______________________ , A.D., 20__. COUNTY COMMISSIONERS' CERTIFICATION BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS ___ DAY OF _______________, A.D., 20____, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. _____________________________________________________________________________ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST:_______________________________________________________________________ COUNTY CLERK CERTIFICATION OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, BARBARA L. CHAPLIN BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY RECORDED IN DEED AS RECEPTION NO. 433379, SITUATED IN GARFIELD COUNTY, STATE OF COLORADO AND DESCRIBED AS FOLLOWS: LOTS 1, 2 AND THE SW¼NE¼ OF SECTION 1, TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6TH P.M. EXCEPT TRACTS OF LAND CONVEYED BY DEEDS RECORDED AS DOCUMENT NO.'S 93135 AND 144916 AND ALSO EXCEPT A TRACT OF LAND RESERVED BY DEED RECORDED AS DOCUMENT NO. 243139. ALSO DESCRIBED AS LOTS 1, 2, 3 AND 4 IN RESOLUTION GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DON CHAPLIN RECORDED AS RECEPTION NO. 526910. CONTAINING 76.56 ACRES, MORE OR LESS, HAS HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS EXEMPTION PLAT UNDER THE NAME AND STYLE OF AMENDED CHAPLIN SUBDIVISION EXEMPTION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS _____ DAY OF ____________________, A.D., 20______. OWNER: _____________________________________________________________ BARBARA L. CHAPLIN 4023 COUNTY ROAD 214 NEW CASTLE, CO 81647 STATE OF COLORADO ) ): SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _______________, A.D., 20_____, BY ANN CATHERINE ROBINSON AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL. ________________________________________________________________________ NOTARY PUBLIC COUNTY SURVEYOR 'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS ____________ DAY OF _________________________, 20___. BY:_________________________________________________________________ GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS _____ DAY OF , A.D., 20_____ BY: TREASURER OF GARFIELD COUNTY PROJECT NO: 2026-145 DATE: JUNE 15, 2026 ORF R EV I E W W W LOT 1 2.01 ACRES± LOT 4 16.96 ACRES ± LOT 1 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 2 OPEN SPACE CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 3 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 LOT 4 CEDAR HILLS RANCH SUBDIVISION REC. NO. 496234 BUREAU OF LAND MANAGEMENT BU R E A U O F L A N D M A N A G E M E N T OW N E R : A R M I J O , A R T H U R C . & L A P R I E L M . PA R C E L N O . : 2 1 7 9 0 1 2 0 0 5 6 5 PA R C E L 2 - S O N N I E R E X E M P T I O N RE C . N O . 4 8 1 6 9 7 COUNTY ROAD 214 (PEACH VALLEY ROAD) APPARENT 60' R.O.W. STUDIO SINGLE - LEVEL HOUSE 4023 C.R. 214, NEW CASTLE BARN EXISTING WELL ORCHARD ROSEMAN DITCH (APPARENT EASEMENT) EXISTING WELL G R A V E L D R I V E W A Y DI R T A C C E S S R O A D SOUTH QUARTER OF SECTION 33 FOUND 3-1/4" BLM BRASS CAP ON 2-1/2" PIPE (1.0'AG) "1989" FOUND 1-1/2" ALUMINUM CAP ON NO.5 REBAR LS 7734 (0.3'AG) LOCALLY ACCEPTED NORTH QUARTER OF SECTION 1 FOUND 1-1/2" ALUMINUM CAP ON NO.5 REBAR LS 7734 (0.3'BG) IN MOUND OF STONE LOCALLY ACCEPTED CENTER-NORTH 1/16TH OF SECTION 1 FOUND 1" IRON PIPE (F) AT FENCE CORNER LOCALLY ACCEPTED CENTER QUARTER OF SECTION 1 FOUND NO.5 REBAR(0.5'AG) (PER PEACH VALLEY ACRES PLAT) 15" CM P 25' DRAINAGE & UTILITY EASEMENT FOR BENEFIT OF LOT 2 50' ACCESS, DRAINAGE & UTILITY EASEMENT ROSEMAN DITCH (APPARENT EASEMENT) DI R T A C C E S S R O A D WIRE FENCE WIRE FENCE W I R E F E N C E WOOD FEN C E GATE 20' DRAINAGE & UTILITY EASEMENT 10 . 0 ' 10 . 0 ' N89°37'22"E 1450.41' B A S I S O F B E A R I N G S S 1 ° 2 0 ' 4 7 " W 1 3 3 4 . 0 1 ' S82°37'47"W 69.05' S 0 ° 0 8 ' 3 9 " E 1 1 3 0 . 4 8 ' S83°55'50"W 509.32' N 1 ° 1 5 ' 3 2 " W 1 5 2 3 . 4 9 ' S 3 4 ° 5 6 ' 4 9 " E 1 6 2 9 . 5 3 ' (TIE) N89°44'13"E 339.64' (TIE) S1°04'10"E 47.97' (S 0 ° 2 7 ' 5 1 " E 7 6 7 . 4 8 ' ) ( 1 3 3 4 . 0 5 ' ) (S82°37'17"W 69.04') ( S 0 ° 0 8 ' 2 6 " E 1 1 3 0 . 4 3 ' ) (S83°56'04"W 509.42') 276.19' (TIE) 5.09' 158.02' L1 C1 C2 (N89°37'29"E 1450.19') 4 6 6 . 2 6 ' 10 5 7 . 2 3 ' 417.14' 1033.27' FENCE ON ROCK LEDGE AS DESCRIBED IN DEED RECORDED OCTOBER 24, 1941 REC. NO. 144916 S36 ° 4 1 ' 1 8 " W 3 4 9 . 2 0 ' 20. 0 ' 2 0 . 0 ' 5.0' 352 . 5 2 ' 68.30' 10' WELL ACCESS & MAINTENANCE EASEMENT LOT 3 22.45 ACRES ± LOT 2 35.14 ACRES ± TOTAL AREA: 76.56 ACRES ± L 2 L 3 L 4 L 5 L6 L7 L 8 L 9 L 1 0 L11 L 1 2 L1 3 L14 L15 L16 L17 L 1 8 L 1 9 L20 L21 L22 L23 L24 L25 L2 6 L27 L2 8 FOUND 2" ALUMINUM CAP ON NO.5 REBAR LS27613 15' WITNESS CORNER (0.2'AG) FOUND 2" ALUMINUM CAP ON NO.5 REBAR LS27613 15' WITNESS CORNER (0.2'AG) OW N E R : A B A R C A , F E R N A N D O B U E N O & SE R N A , S T E V E N PA R C E L N O . : 2 1 7 9 0 1 1 0 0 0 0 3 RE C . N O . 7 1 0 3 7 8 (L A N D S U R V E Y P L A T D E P O S I T E D JU L Y 2 9 , 1 9 9 4 R E C . N O . 1 9 5 ) OW N E R : D E T L E F S E N , K E L L Y J . & S C O T T A . PA R C E L N O . : 2 1 7 9 0 1 1 0 0 0 0 4 RE C . N O . 6 7 9 3 6 0 15 . 0 ' DIR T A C C E S S R O A D N 0 ° 2 7 ' 5 1 " W 5 6 9 . 2 0 ' WI R E F E N C E WI R E F E N C E DIRT A C C E S S R O A D WIRE FENCE S78°15' 1 6 " E 1 3 5 5 . 7 2 ' AB A N D O N E D L O T L I N E (T I E ) 4 6 1 . 7 8 ' FOUND NO.5 REBAR (0.2'BG) OLD LOT LI N E OLD L O T L I N E O L D L O T L I N E LEGEND SITUATED IN THE NE1/4 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO AMENDED FINAL PLAT CHAPLIN SUBDIVISION EXEMPTION TRUE NORT+ &OLORADO LL& A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2026-145 DATE: JUNE 15, 2026 DRAWN LDV SURVEYED LDV SHEET 2 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY FOUND NO. 5 REBAR FOUND 1-1/4" YELLOW PLASTIC CAP ON NO. 5 REBAR LS 13501 (UNLESS OTHERWISE SHOWN) FOUND SURVEY MONUMENT AS DESCRIBED PROPERTY ZONED :RURAL (R) 100' 50'200' SCALE: 1" = 100' N 0 SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAP TNC PLS38790 FOUND 1-1/4" YELLOW PLASTIC CAP ON NO. 5 REBAR LS 19598 ORF R EV I E W CURVE TABLE CURVE C1 C2 LENGTH 250.66' 37.94' RADIUS 628.32' 593.18' TANGENT 127.02' 18.98' BEARING S71° 39' 24"W S61° 57' 43"W CHORD 249.00' 37.94' DELTA 22°51'28" 3°39'54" (AG) ABOVE GROUND (F) FLUSH TO GROUND (BG) BELOW GROUND ABBREVIATIONS LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 BEARING S60° 13' 42"W N14° 17' 48"W N33° 53' 40"W N37° 48' 02"W N14° 29' 47"W N88° 02' 35"W N73° 45' 05"W N56° 27' 55"W N55° 34' 51"W N46° 57' 58"W N68° 49' 28"W N45° 38' 06"W N66° 19' 57"W S81° 24' 01"W N61° 27' 25"W N9° 52' 20"W N63° 14' 13"W N5° 12' 42"W N38° 35' 21"W N56° 51' 28"E N71° 57' 27"E N87° 22' 42"E N70° 03' 24"E N65° 09' 05"E N84° 19' 52"E S2° 27' 24"E S82° 58' 51"E S5° 33' 33"W DISTANCE 31.79' 115.71' 52.22' 173.55' 79.46' 51.24' 48.04' 32.20' 41.43' 52.60' 34.03' 58.65' 18.47' 19.52' 18.15' 6.91' 4.12' 97.48' 180.24' 32.77' 37.09' 41.49' 81.06' 97.01' 55.78' 149.87' 81.23' 155.06' American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 9 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 9 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2026-01-1 Issuing Office File Number: 2026-01-1 Property Address: 4023 County Road 214, New Castle, CO 81647 Revision Number: SCHEDULE A 1.Commitment Date: January 14, 2026 at 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured:Tim Larose Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: Barbara L. Chaplin 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 9 COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 4. Duly authorized and executed Deed from Barbara L. Chaplin, to Tim Larose, to be executed and recorded at closing. Vesting deed recorded on April 8, 1992 as Instrument #433379 in the official records 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on February 6, 1900 as Instrument #22374 in the official records 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded as Instrument #84307 in the official records 11. Easement and right of way as described in document recorded on June 7, 1938 as Instrument #132268 in the official records 12. Reservation of mineral rights more fully described in Deed recorded on May 8, 1964 as Instrument #225449 in the official records and any and all interests therein or assignments thereof. 13. Reservation of mineral rights more fully described in Deed recorded on April 18, 1968 as Instrument #240667 in the official records and any and all interests therein or assignments thereof. 14. Reservation of mineral rights more fully described in Deed recorded on April 10, 1969 as Instrument #243139 in the official records and any and all interests therein or assignments thereof. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 15. Right of way for ditches and canals in place and in use. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: Township 6 South Range 92 West of the 6th P.M.: Section 1: Lots 1, 2 and the SW¼NE¼ Except tracts of land conveyed in Book 142 at Page 549 as Reception No. 93135, Book 199 at Page 587 as Reception No. 144916 and also except a tract of land reserved in deed recorded April 10, 1969. ALSO DESCRIBED as Lots 1, 2, 3 and 4 in Resolution Granting an Exemption from the Garfield County Subdivision Regulations for Don Chaplin recorded as Reception No. 526910. DECLARATION OF EASEMENTS AND COVENANTS Garfield County, Colorado The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the same to be divided into four (4) lots, as described in Garfield County Resolution No. hereinafter the "Subdivision") recorded the day of 1997, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY AND WATER RESTRICTIONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klumker Well, which is the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may be used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be the owner designated to receive correspondence related to such well permit. G: \ W P51 \DOCS\CHA PLIN .3 DC August 7, 1997 1 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct route possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre 14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over G: \ W P51 \ DOCS \CH A PLI N . 3 DC August 7, 1997 2- irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met. The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. ARTICLE II GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 4. Amendment of Covenants. These Covenants may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. G: \ W P51 \DOCS \C HA P LI N . 3 DC August 7, 1997 3- 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of March 1997. By By STATE OF COLORADO ) ss. COUNTY OF ) DECLARANT: Donald M. Chaplin Barbara L. Chaplin Acknowledged, subscribed, and sworn to before me this day of March 1997, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: G: \ W P51 \DOCS\CHA PLI N.3 DC August 7, 1997 Notary Public 4- SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON CALOIA & HOUPT, P.C. ATTORNEYS AT LAW August 7, 1997 Mr. Eric McCafferty Garfield County Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Via Hand Delivery Re: Chaplin Subdivision Exemption Dear Eric: In satisfaction of the conditions set forth in your April 11, 1996 letter to Don Chaplin, enclosed please find the following: 1. Letter from Resource Engineering, Inc. to Don Chaplin dated August 5, 1997 regarding various aspects of the water supply for Lots 2, 3 and 4, and addressing Conditions 7.(a) through (g) and (i). 2. Revised Well -Sharing Agreement addressing Condition 7.(h). Also enclosed for your file are copies of the Monitoring Hole Permit No. MH -31334, under which Chaplin Well No. 1 was drilled, and a copy of the Application for Well Location Amendment, Well Permit No. 186382, under which Mr. Chaplin has provided notice to the Colorado Division of Water Resources of the ultimate location of Chaplin Well No. 1. Holsan Surveying will be supplying you with the final exemption plat that will address Conditions 2 through 5 of your letter. Provision of the items described above is intended to fully satisfy all conditions of your April 11, 1996 letter. Should you determine that any of those conditions (except for those such as Conditions 1, 6 and 8, which can only be satisfied upon construction) are not satisfied, please advise me immediately so that appropriate action to complete satisfaction of the County's conditions can be taken. JVH:lln Enclosure cc: Don Chaplin, w/enc. Paul Bussone, P.E., w/enc. Rich Holsan, w/enc. CHAPLIN-McCafferty-Itr-2 Sincerely, CALO A & HOU P.C. E.4-06-1997 10,01AM FROM RESOURCE ENGINEERING 970 945 114 P 2 IN. F ESoURCEEINEM1 leans. Ol•1I. E N G I N E E R I N G I N C. Mr. Don Chaplin PO Box 550 Vail CO 81658 RE: Domestic Well - Peach Valley Property Dear Don: August 5, 1997 Collins Drilling Company completed a well on your property in Peach Valley on July 21, 1997 under monitoring hole permit No. MH -31344. The well is 100 feet deep and is completed in the mancos shale formation_ The static water level was 6' 1 %2 " below the top of casing. A copy of the well log is attached. Samuelson Pump Co. conducted a 4 hour pump test on the well on July 23, 1997. The well production rate was determined to be 2.5 gpm. A copy of the pump test data and a letter from Raun Samuelson is attached. The well will serve 3 single family dwelling's with a combined water demand of 1050 gallons per day (gpd) forin-house use. No outside uses are included. The water demand is based on 3.5 persons per home and 100 gpd per person. The well production rate of 2.5 gpm (3,600 gpd) exceeds the average day demand, however, because of peak demand requirements, a storage tank will be required. We recommend a single storage tank of 3,000 gallon capacity preferably located at an elevation capable of providing gravity pressure to each lot. In lieu of a simple tank, individual tanks of 1,000 gallons each are acceptable. A water quality sample will be taken and analyzed for the State mandatory drinking water parameters by Grand Junction Laboratories. The results should be available within two to three weeks. If you have any questions, please call me at your earliest convenience. Sincerely, RESOURCE ENGINEERING, INC. aul S. Bussone, P.E. Water Resources Engineer PSB/mmm 652-1.0 dcw,moisLeS2 Attachments Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs. CO 61601 (970) 945-6777 II Fax (970) 945-1137 8-0G-1997 10:01AM FROM RESOURCE ENGINEERING 970 945 11 P 3 FROM : COLLIN DRILLING & PUMPriN PHONE NO. : 970 945 4079 ,4",N Aug. e5 1997 03:45PM P2 Iowa ,lu GWS.]) tuw. WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO. OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 14-3!33/ 2.OWNER NAME(S) Mailing Address City, St Zip Phone (q1b) q qq _ 2 ` ZD Cik or CJtbet 1,i1P only a WELL LOCATION AS DRILLED: 511V 1/4 N5-1/4, Sec. 1 Twp. 3 Range q Z Wpe_ljejDISTANCESFROMSEC. LINES: ft. Irvin mittSec. Zine: and ftorsou -X). from Sec. line. OR east" at west SUBDIVISION: OT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: ,v, - ti5 4. GROUND SURFACE ELEVATION ft DRIWNG METHOD ef/4i11 DATE COMPLETED 7 / - TOTAL DEPTH IQeO ft. DEPTH COMPLETEDjQ GEOLOGIC LOG: 6. HOLE . (in.) Fro (ft) TQ (h) Depth Description Ot Material (Type. Size. Color. Warner Locator p 7. PLAIN CASING OD in) Kind Wal tatztSize lE m 1 et) / A cas N ra 8. FILTER PACK Material Size interval REMARKS: 9_ PACKER PLACEMENT: Type Depth 10. GROUTING RECORD: MatenalLA9r ount Density Interval di6 6f 11. 12 DISINFECTION: Type ex/4,e,,v,,. 1-eiga iv;42Amt. Used 144414,./A WEU MU DATA: Q a box if Test Datadis submitted on Form No. GWS 39 Supplemental Well Test. TESTING METHO Static Level O ft Date/Time measured Pumping level Remarks tr. Date/Time measured Production Rate o2 gpm, Test length (hrs.) i— - .....„........, 3. 1 naw read the staecmonts made herein and know the contents thereof, and that they we true to my rnowleage rPursuant to Suction 2d -a-104 113)* CAS.. the 'making of false statements herein consetutez por'ury in the second degree and is purnshable//as a classsI,,t m.cdtmeanot. 1Tireli" CONTRACTOR •I'1 4 L i . . 1,4,1,,,,,L. 5 Phone zz '7 5 -'-tQ-% ( Lic. No. f0 34 Signature T Name/Title (Please type or print) F E, Co t i t [ Pres- 17,5-=& 8-06-1997 10=02AM Aug -05-97 08:O8A FROM ArkRFSOURCEENGINEERING 970 945 111 p 4 1111 P.oi SAMUELSON PUMP CO. INC. P.O. SOX 297 GLENW00D SPRINGS COLORADO 81602 Don Chaplin P.O. Box 550 Vail, Co. 81658 Attn; Don WATER SYSTEMS SALES. SERVICE 8 INSTALLATION 945-6309 July 28, 1997 1 On July 23, 1997 a well test was conducted on a new well on the Chaplin property in Peach Valley. The following information was obtained; Well Depth 120'-0" Casing size (top) Standing Water Level Total test time Drawdown to pump intake Production is 6"(steel) 6'-1 1/2" Hardness 9 grains/gal. Iron 0.2 mg/1 pH 8.0 4 hrs. 118'-0" 2.5 gpm This test was conducted with a 1 Hp. Goulds submersible Model 10EJ10412. If you have any questions please call me Raun Samuelson at 970-945-6309. Sincerely; Raun Samuelson C q>e - 945—//37 8— C6- 1997 10:02AM WELLTESTREPORT 1 w m E Z < LO•d FROM RESOURCE ENGINEERING 970 945 1134, P.5 1 RECOVERY J A F b 4 2 h Y7Ili S p a Z ci O- 0 N in Z 111 1 III 11... 4 z op w 1 t A t lof NT IiII,IIIiiIIIiiis s t Z O A h O m a cm N1f O• i IIQ w VGU:80 L6-6Z-inc DECLARATION OF EASEMENTS AND COVENANTS Garfield County, Colorado The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the same to be divided into four (4) lots, as described in Garfield County Resolution No. hereinafter the "Subdivision") recorded the day of 1997, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY AND WATER RESTRICTIONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klumker Well, which is the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may be used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be the owner designated to receive correspondence related to such well permit. G: \ W P51 \DOCS\CHA PLIN .3 DC August 7, 1997 1 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct route possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre 14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over G: \ W P51 \ DOCS \CH A PLI N . 3 DC August 7, 1997 2- irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met. The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. ARTICLE II GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 4. Amendment of Covenants. These Covenants may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. G: \ W P51 \DOCS \C HA P LI N . 3 DC August 7, 1997 3- 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of March 1997. By By STATE OF COLORADO ) ss. COUNTY OF ) DECLARANT: Donald M. Chaplin Barbara L. Chaplin Acknowledged, subscribed, and sworn to before me this day of March 1997, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: G: \ W P51 \DOCS\CHA PLI N.3 DC August 7, 1997 Notary Public 4- GWS -61 les AUG -01-1997 18:37 DIV DATER RESOURCES 303 866 3589 P.01/01 NOTICE OF INT*' TO CONSTRUCT MONITOFG HOLE(S) Please type or print legibly in black ink j.r;,,, 'J U L 1 5 1997 perdei• WATER RESOURCES Landowner's Name DONALD & BARBARA CHAPLIN Well 0 er's Na e DONALD & BAIIBMZUZAMIN Location: SW 'A., NE 14, Section 1_, Township 6 Range 92 E W 6th PM, County. GARFIELD Type Quant wI westiQation, Cased Purpose of Monitoring Hale(s) Investieatin location for domestic well. Approximate Date of Construction July 18, 1997 Driller Lic. No, (if applicable) 634 Hotels) to be Constructed: Number 1Estimated Depth 100 Ft. Consultant or Driller Collins Dri live Inc. Contact Jefferson V. Houpt1 Celoia & Houpt P.C. Address 1204 Grand Avenue City, State, Zip Glenwood Springs, CO 81601 MH- C DATE NOTICE RECEIVED 7-15 —77 U « 7Q,A DATE ACKNOWLEDED DIV. COUNTY 243 WD 3 S Phone 970) 945-6067 Fax No. (970) 945-6292 ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFI FOR OFFICE USE ONLY 31334 PROCESSED B GROUND ELEV USGS MAP No. CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL. BE AVAILABLE AT THE DRILLING SITE. Notice wes provided to the State Engineer et least 3 days prior to construction of monitoring & observation hole(s). construction of the hole(s) must be completed within 90 days of the date notice was given to the State Engineer. Testing andlor pumping shall not exceed a total of 200 hours unlace prior written approval is obtained from the State Engineer. Water diverted during testing 21g t be need for beneficial purposes. The owner of the hole(s) is responsible for obtaining permit(s) and complying with ail rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules. 2 CCR 402.2. Minimum construction standards must be mat or e variance obtained. Well Construction and Test Regions ICWS-91) must be submitted to this office by the licensed contractor or euthori2ed individual within 60 day c of the completion of the work. Application to permit existing monitoring end observation holes should reference the MH number under which the report was flied or be accompanied by a copy of the report. Unless a well permit is obtained, the holelsl must be plugged and sealed within one (1) year after construction. An Abandonment Report (form CWS -9) must be submitted within 60 days of plugging & sealing. The owner of the hole(s) should maintain records of water quality testing and submit this data to the State Engineer upon request. The monitoring hole number, owner's structure name, and hole owner's name and address must be provided on all well permit applIcation(sl. well construction end abandonment reports. A monitoring hole can not be converted to a production water well (other than a recovery well) unless the hole or well was originally constructed by e licensed well construction contractor. THIS ACKNOWLEDGMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMITS) CAN BE APPROVED. Additional Canditions COLORADO DIVISION OF WATER RESOURCES -1313 SHERMAN ST -RM 821 -DENVER -CO 80203 303-866-3581/FAX 303-86S-3589 TOTAL P.01 FORM NO. GWS-42is3 STATE OF COLORADO OFFICE OF THE STATE ENEER 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 303) 866-3581 or Office Use only fECEIVED yA-1,: -. - 3r.4;_ z r'': -, 4,4 ,4 4 •:: , - ,, i tt ? r*4 + • j..: g_r.r• PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE 1. APPLICATION FOR WELL LOCATION AMENDMENT WELL PERMIT NUMBER 186382{'a 2. WELL OWNER Donald & Barbara Chaplin ouptx P.C. CO 81601 NAME(S) c/o Caloia P: Mailing Address 1204 Grand Avenue City, St. Zip Glenwood Springs Phone (970 ) 945-6067 3. ACTUAL WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION Chaplin Well N o. 1 Silt CO 81652 City) (State) (Zip) 1 Twp. 6 S , Range 92 W , 6th P.M. North or South) (East or West) Section Line, 1, 500 Ft. from E Section Line. East or West) Lot Block Filing (Unit) 4023 Highway 214 Address at well location) S W 1/4 or the NE 1/4, Sec. Distances from Section Lines 1, 560 Ft. from N North or South) Subdivision N/ A 4. The location of the existing well needs to be amended for the following reason(s): (Attach appropriate documentation as necessary) An attempt to construct the w q U,1 in th.e 1.Q..c.a.ti.o.n d e.s.c.r.i.b.e.d....in.....t.h.e well permit resulted in a dry hole. A monitoring hole was drilled at the herein described location, which produced water, so the well will be 1-acat•e•d as des'crtb d h' rein (See attached—Notice of—Intent to Construct Monitoring Hole). 5. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowled• •. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second de• ee and is punishable as a class 1 misdemeanor.] Name\Title (Please type or print) Attorney n V. Houpt 1 Signature V— Date Z`,' 97 State Engineer Court Case No. Div. Co. IR OFFICE USE O11 By Date 13 WD.,3 Basin MD GARFIELD COUNTY Building and Planning April 11, 1996 Mr. Don Chaplin P.O. Box 550 Vail, CO 81658 RE: Chaplin Subdivision Exemption Dear Don, On Monday, April 8, 1996, the Board of County Commissioners conditionally approved your petition for an exemption from the definition of subdivision. The conditions that must be met prior to final approval are as follows: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access, water supply or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one 1) year from the original date of approval. That the applicant shall submit $200.00, per lot ($600.00 total), in school impact fees for the creation of all exemption parcels. That the following plat notes be included: The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, CO 81601 Portions of this exemption were approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply, specifically Lots 2, 3, or 4." It is recommended, not required, that the shared well system (Lots 2, 3, and 4) approved for this exemption should have either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central water system. This should be done at time of building permit application at the expense of the building permit applicant." There shall be no residential construction allowed within the areas identified as "drainage easement" on this plat. Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific 1SDS needs on the site." There shall be no additional splits by exemption on any lot created by the approval of this exemption." All access easements and driveways shall be less than 14% grade." That all utilities shall be placed underground." 6. The control of noxious weeds shall be the responsibility of the landowner. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) The well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; t) If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (should be considered at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); i) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 8. That the access road shall be constructed in a manner to positively manage the expected stormwater flows across the property and ensure that there is no material change in the drainage characteristics of the surrounding area, especially Peach Valley Road. Furthermore, the applicant shall consult with Road and Bridge to determine the best and safest alignment of the access road. If you have any questions regarding these conditions, please do not hesitate to contact this office. Sincerely, Eric D. McCafferty Garfield County Planner MR. & MRS. DONALD M. CHAPLIN POST OFFICE BOX 550/VAIL, COLORADO 81658 December 1, 1996 Eric D. McCafferty PLANNER Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Ck, ti ` c t l (X)UN ! Y Subject: Request for extension for presentation of a plat to the Garfield County Commissioners,....reference is made to Paragraph 3. of your letter of April 11, 1996, Chaplin Subdivision Exemption. Dear Eric; As you may recall Norm Clayson has requested of Mrs. Chaplin and myself that in the surveying and planning process we es- tablish "building envelopes" for the three parcels,....not currently developed. In this regard: 1) What are our legal obligations to comply with this request; and 2) Ilas Mr. Clayson established building envelopes in the development plan for the property immediately to the East and contiguous to our property. We are again confronted with the need for additional time; we, therefore, request an extension of 120 days to resolve this issue. This request is submitted in the spirit of the best possible planning for the Chaplin Subdivision. Thanks, Eric! Tmcerelil-, ;, , 44,, I / 1 Donald M lin 4 16) -et tet, ff:et Barbara L. Chaplin)? rE e 2/1 August 7, 1996 Eric D. McCafferty PLANNER Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Subject: Request for extension for presentation of a plat to the Garfield County Commissioners,...refer Paragraph 3. of your letter of April 11, 1996, Chaplin Subdivi- sion Exemption. Dear Eric; The water storage right know as Puddin's Pond approved by the Water Referee, Water Division No. 5, State of Colorado will impact three of the four parcels. In our efforts to plan with great thought and professionalism,...we are in need of addition- al time in the Exemption process. We, therefore, request an extension of 120 days for this pur- pose. Thank you. r\ Donald aplin Donald M. Chaplin P.O. Box 550 Vail, Colorado 81658 L. Chap in cOk- (/ 1 SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON CALOIA & HouP'r, P.C. ATTORNEYS AT LAW March 18, 1997 Mr. Eric McCafferty Garfield County Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Chaplin Subdivision Exemption Dear Eric: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Via Hand Delivery In connection with the Chaplin subdivision exemption application, enclosed please find a draft "Declaration of Easements and Covenants," which will confirm a domestic and irrigation water supply for each of the lots within the exemption. Please review this document and advise me whether it meets the County's requirements. If it does not meet the County's requirements, please advise me specifically in what manner it does not meet those requirements, and we will revise the document accordingly. If you have any questions or concerns, please do not hesitate to give me a call. Sincerely, CALOIA & HOU T, P.C. JVH:lln Enclosure cc: Don Chaplin, w/enc. CHAPLIN-McCafferty-Itr-1 DECLARATION OF EASEMENTS AND COVENANTS Garfield County, Colorado DRAFT The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the same to be divided into four (4) lots, as described in Garfield County Resolution No. hereinafter the "Subdivision") recorded the day of 1997, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY AND WATER RESTRICTIONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klumker Well, which is the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may be used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 4 shall be the owner designated to receive correspondence related to such well permit. G:\WP5I \DOCS\CHAPLIN.3DC March 18, 1997 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct route possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre 14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over G: \WP51 \DOCS\CHAPLIN.3 DC March 18, 1997 -2- irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met. The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. ARTICLE II GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 4. Amendment of Covenants. These Covenants may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. G: \WP51 \DOCS\CHAPLIN.3DC March 18, 1997 3- 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of March 1997. By By STATE OF COLORADO ) ss. COUNTY OF ) DECLARANT: Donald M. Chaplin Barbara L. Chaplin Acknowledged, subscribed, and sworn to before me this day of March 1997, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: G: \W P51 \DOCS\CHAPLIN.3 DC March 18, 1997 Notary Public 4- i.:• c : , moi::_ gin, I. 1r 0 1. 11 li O0 f//r ?_ 1 \ it ... 1'41/1e1 II' 4 ii r' 67,5 n - A 3 41 n„>; j • ., l 1 ! I S 1i; r. ,N I \.. I -I l', / d ;•,lIr r' ;rte. I.. 111' 1 \\; 1(1"I J._ 6N00: Z f 1 ,,fI 1, 1\ ':I n- j I 11 ') II i j f I ')iej , 1 I I\ ` i :': ). ( 1 _I \I' I I ISI J( r l 1 ll/ \(, _ Oi1 l .1 I ) 1 ' , I I I. I I 1 1 I ° fC\ A ` ( ill (t l i I; \ 1 ,\\.?'”, 1/// SSS i I ( 5( iJ7 7 > ' \ / 11 l l\I / ) 1' 1 ;,(!) ti 1 k.( il Il , 1 , 1 (14. I E5no° ( 1 I I_. = „., . Ic. 1 r II;' 1•r1 \ G\ a _• ,-. 7-,r, I - -- it _ _ . (_i a„5 , ' I PROP MUN V, 1 :1 1fi 1rr 0E: G 7 5807 WART I GftnNDE 1 r, loci 7677 OU/ITR er NGINE-L RING I° II 1 I " n — I ' ,I II 1 P, I` yErIEIIN, !- ' 1— 1 , I It _ sr 1 D \;and1' nbw 11. 11 / 8 .. HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 01601 15l")% ('1 11/110/'-1,=5 303) 945-0676 • FAX (303) 945-2555 1 rArroA,rovr,Itrrvnanar:mrtar,mn rr-•r-rt m717,,:1,f01A^'‘^"^:!,rre-^lr-'„Y VT IK Board Ross Talbott - Chairman Joe Montover Sean Mello Tom Voight Gordon Witzke f Burningg Mountain Fire Protection District Box 236 Silt, CO 81652 Don Zordel - Chief Stu Cerise - Assist. Chie February 23, 1996 To Whom It May Concern: This is to inform you that the property owned by Donald M. & Barbara L. Chaplin, located at 4023 County Road 214, T6S; R 92W; Section 1, SW 1/4 of the NE1/4, Lots 1 & 2, is within the Burning Mountains Fire Protection District and we do provide fire protection to same. It should be noted that the distance from the fire station will make for a long response time. Thank you, Donald L. Zordel, District Chief Burning Mtns., FPD larTIMq FEB 27 1996' Caloia Houpt & Light, P.C. 1 PROPOSED CH.4PUN WELL /1 PERM/ALU FOR DOMESTIC USE) sew 0 MOOSE l.o71 10 ACRES +/- 0 PROPOSED ACCESS AND U7IL/TY EASEMENT EX/S77NG WELL SCALE 1 INCH - 300 Pr. COUNTY ROAD 214 PEACH VALLEY ROAD) rIc&tRD L 1YOLSANI Profiles/one Land Surveyor LS 13501 s. MAP CHAPUN SUBDMSION EXEMPTION SECTION 1, T6S, R92W 4773 214 Rd tom. SILT, COLORADO jSIMColorado 970) 876-2947 __ AVE' 2/26/9411PRal 950f9 CHIP/SWIM I %C 4:20 Page 5%0 Recorded at _... .__.o'clock.Y_...M., .._ )ril...l8. ..1.E. _...._......... r454 I.4066zReceptionI.4° Recorder. Ch.,N,k tRecorder. THIS DEED, Made this 15th day of April in the year of our Lord one thousand nine hundred and s ix t y- eight between WALTER E. CASTLE and ALICE A. CASTLE of the County of Garfield and State of Colorado, of the first part, and KELLY KLUMKER and GEORGIA B. KLUMKER of the and State of Colorado, of the second part: WITNESSETH, That the said parti e S of the first part, for and in consideration of the sum of Thirty Thousand and no/100 County of Garfield STATE 6ALE16IYTAtr RE AP314ZitUR Q DOLLARS, to the said partie S of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 1 and 2 and the SWNE. of Section 1, Township 6 South, Range 92 West of.the 6th P. M., save and except the part thereof describ- ed in that certain deed recorded as Document No. 93135 in Book 142 a& Page.'549:and also that part of said SWkNE lying north of the old county road bounded on the west by the section lire, bounded on the north by the Roseman Ditch, and bounded on the east by the center of a rock ledge marked by a fence; PROVIDED ALWAYS that Grantors except and reserve all that part of the above-described property lying East of the following -described line: Beginning at a monument on the First Correction Line South, at a point whence the South Quarter Corner of Section 33, Township 5 South, Range 92 West of the 6th P. M. bears East 341.25 feet; thence S. 00° 09' 07” E. 1333.23 feet to an angle point of the property division fence; thence S. 82° 54' 41" W. 69.04 feet along the property division fence to an angle point of said fence; thence S. 00° 08' 58" W. 1134.35 feet along the property division fence to a monument located at the Northerly right-of-way fence of the county road as constructed and in use. Together with 10 shares of water in the Roseman Ditch, or the equivalent thereof in second feet or fractions thereof, and a corresponding interest in said Roseman Ditch sufficient to convey said water. (Said Roseman Ditch is sometimes referred to as an enlargement of the Tompkins Ditch.) GRANTORS RESERVE, for themselves, their heirs, executors, admini- strators and assigns, an undivided one-half of whatever interest the Grantors now own in any and all oil, gas and other minerals of every nature, in or under said lands or which may be produced there from, said reservation being in addition to reservations made by prior owners or grantors in the chain of title to said land. TOGETHER with all and singula 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 said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado 60re Book 393 Page 455 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said partleS of the first part, for them Selves, theirheirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and haVe good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, subject to reservations in the patents from the United States covering said lands, previous mineral reservations, and rights-of- way for ditches, roads and telephone and power lines as now constructed and in use; and except taxes for the year 1967 becoming due and payable in 1968, which taxes Grantors assume and agree to pay. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ie S of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seal S the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, Iss. county of Garfield _ The foregoing instrument was acknowledged before me this 16th 19 68 ,Nr* WALTER E. CASTLE and ALICE A. CASTLE. My'lcommission expires May 8 , io71 . Witness my hand and official seal. WALTER E. CASTLE 1('(;°<= a, ALICE A. CASTLE ISEAL] SEAL] SEAL] day of April, 1i1111llrlllll/l/// f• c 4/ 4.1 • •1f rigt ral pereo,j oE•bfieons here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact, Stet%insert 4ia if Ceratin as -'executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such ta;icut or officers, asihApreehlent or other officers of such corporation, naming it. i 0 z 0 4; a) 7-4 M., anddulyrecordedin u 0 oL v O 0 \IO H p I 1-40 Ct 4-3 W '0 td 0O Sendfuturetax Folin No. - GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISI •OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 303) 866-3581 LIC WELL PERMIT NUMBER 186:382 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & BARBARA CHAPLIN LEAVENWORTH & CALOIA PC P 0 DRAWER 2030 GLENWD SPRINGS CO 81602 303)945-2261 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 1 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 860 Ft. from North Section Line 1240 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 36 acres described as that portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specifiedon this permit_ OW\ R'S CCFY APPROVED JD2 State Engineer Receipt No. 0381528 DATE ISSUED APR 2 ti 1995 By EXPIRATION DATE APR 2 If 1997 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 94CW30 1.171735 IN COMBINE) COUFfr CL.F;F'E_I_t r ;r.:'r•. -., APR 2.7 ;urs. RULING OF THE REFEREE IN THE MA'I"I ER OF THE APPLICATION FOR WATER RIGHTS OF: DONALD M. CHAPLIN AND BARBARA I. CHAPLIN, in Garfield County, Colorado The above -entitled application was filed on February 28, 1994, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and Ruling as the Referee, to wit: 1. The statements in the Application are true. 2. The name and address of the Applicants are Donald M. Chaplin and Barbara I. Chaplin, P. O. Box 550, Vail, CO 81658. 3. The Applicants request an application for water storage right as more fully described as follows: A. Name of reservoir: Puddin's Pond. B. Legal description: Location of dam: Puddin's Pond is located in the Southwest 1/4 Northeast 1/4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. The outlet is located 1340 feet West of the Easterly Section line and 2200 feet South of the Northerly Section line of said Section 1. Name and capacity of ditch used to fill reservoir, and legal description of point of diversion: See Paragraph 3.C., below. F:\FnFS\CHAPIIN.3RU April 27, 1995 1 Donald and Barbara Chaplin Ruling of the Referee C. Source: Seepage from Roseman Ditch, which runs above the seep area for several hundred yards, tributary to the Colorado River. D. Date of appropriation: October 31, 1988. E. Amount claimed: 2 acre-feet, conditional. F. Use: Aesthetic, wildlife propagation, stockwater and erosion control purposes. G. Maximum height of dam: 8.5 feet. Length of dam: 35 feet. H. Total capacity of reservoir: 2 acre-feet. Active capacity: 1.5 acre-feet. Dead storage: .5 acre-feet. The Referee does therefore conclude that the water storage right requested for the Puddin's Pond, as more fully set forth in Paragraph 3, above, is hereby granted and 2 acre feet, with an Appropriation Date of October 31, 1988, is hereby awarded conditionally to the Puddin's Pond for aesthetic, wildlife propagation, stockwater and erosion control purposes, provided always that said 2 acre-feet is awarded on the condition that said quantity of water be diverted and applied to beneficial use within a reasonable time; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. An Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as the Applicants desire to maintain the conditional water right herein awarded, or until a determination has been made that such conditional right is made absolute by reason of the completion of the appropriation, or are otherwise disposed of. 4. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. 5. It is further ORDERED that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. F: \FILES\CHAPLIN.3 RU April 27. 1995 2- Donald and Barbara Chaplin Ruling of the Referee Dated this,27 day of 3i 93 a - 1C F- rrl c , u C+ri 1995. BY THE Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court. The month and year for filing an Application for Finding of Reasonable Diligence shall be MAY , 2001. Dated this, -- /qday of d , 1995. F: \FILES \CHAPLIN.3RU April 27, 1995 WATER JUDGE 1_«/5jqt I r Pr - ice 3- IN THE DI:;TRICT COURT IN AND WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 1183 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF KELLY KLUMKER GEORGIA B. KLUMKER IN THE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY FILED FOR 1N WATER C:.. . Division No. N OV 2 19 '?. • 717E OF COL -01;A ; RULING trITM-112ttnE 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 12 th day of July , 1972 . Kelly Klumker and Georgia B. Klumker New Castle, Colorado 1. Name of Applicant Address 2. The name of the structure is Klumker Well. 3. The Legal description of the structure is: the well is located in the SANEk of Section 1, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the South Quarter Corner of Section33 T. 5 S., R. 92 W of the 6th P.M. bears N. 17°33'22" E. a distance of 2299 feet. 4. The depth of the well is 5. The 6. The 7. The 8. The 9. The 10.. The 155 feet. date of initiation of appropriation is March 1, 1967. amount of water claimed is 0.033 cubic foot per second of time. use of the water is domestic. State Engineer's number is none. Priority date is March 1, 1967. date of the application was June29, 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. Don at the City of Glenwood Springs, Colorado this Z IL day of je-1.,,,r.sr 10 protest was filed in this matter. The foregoing ruling, is confirmed an':i approved, and is made the Judgment and Decree of this court. Dated: 'J "Z /(i.73 r; Water Judge Water Referee Water Division No. 5 State of Colorado DECLARATION OF EASEMENTS AND COVENANTS Garfield County, Colorado The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the same to be divided into four (4) lots, as described in Garfield County Resolution No. hereinafter the "Subdivision") recorded the day of 1996, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY AND WATER RESTRICTIONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klumker Well, which is, the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may be used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 4 shall be the owner designated to receive correspondence related to such well permit. C:\WP5I \ DOCS \CHAPLIN.3DC February 22, i996 4. Ownership and Maintenance of Chaplin Well No, 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint owners, each with an undivided one-third interest in the Chaplin Weil No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct route possible across each lot, yet remaining outside the building envelope. 8. Use of Water: No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre 14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over C:\WP51 \DOCS\CHAPLIN.3DC February 22, 1996 1 irrigation use. and no outside use shall be allowed if any in-house domestic needs are not met. The owners of Lots 2. 3 and 4 may in writing agree to restrictions on and schedules for Lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. ARTICLE II GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 4. Amendment of Covenants. These Covenants may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. C: `,. W P51 \DOCS\CHAPLIN.3DC February 22, 1996 3- 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of . 1996. By By STATE OF COLORADO ) ss. COUNTY OF ) DECLARANT: Donald M. Chaplin Barbara L. Chaplin Acknowledged, subscribed, and sworn to before me this day of 1996, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: C:\ W P51 \DOCS\CHAPLIN.3DC February 22, 1996 Notary Public 4- FA',1 Q96Recordedati.ae) ,,.,.. Y' 'f, ...., Reception No. KELLY KLU'IKER and GEORGIA B. KLUAIKER, husband and wife, whoseathlressis Route 10, Box 155, Glenwood, New Mexico County of Catron , State of New Mexico , for the consideration of Ten Dollars and other.lvaluable consideration d ixLY, in hand paid, herclly sell (x and convey04 to DONALD M. CHAPLIN and BARBARA L. CHAPLIN, as tenants in common, whose legal address is P . 0 . Box 5 5 0 , Eagle , and State of Colorado County of Garfield MAR 2 1978 as joint tenants and not Vail , County of the foliowing real property in the and State of Colorado, to wit: Lots 1 and 2 and the SW3/4NE4 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, except tracts of land conveyed by deeds recorded as Documents Nos. 93135 and 144916 and also except tract of land reserved by deed recorded as Document No. 243139. also known as street and number with all its appurtenances, and warrantkA the title to the same, subject to ad valorem taxes and installments of special assessments for 1978 and subsequent years, reservations from U. S. Patent, rights-of-wayrecordedinBook50atPage427, Book 191 at Page 315, Book 401 at Page 68, and Book 1 at Page 90; mineral reservations recorded in Book 357 at Page 587, and Book 401 at Page 68. Signed this 1st day of STATE OF COLORADO, County of Garfield 1SS. Marc 19 /7 8 K fy K1U t1""k'er ;' "husband 7 i d Georgia B. Klumker, wife The foregoing instrument was acknowledged before me this day of March ,19 78, by Kelly Klumker husband and wife. My commission expires October 1, 1980 14,1 tWe 5;my hand and official seal. 011U-- 01, .,°:..c 1st and Georgia B. Klumker OF 00- 0,tr. 47'11.rmnu0tt ` 1. No. 89t.•,i„nyits;,110;need—Short Form Bradford Publishing Co.. (944.44 Stout Streit. Denver. Colorado. x.77 Notary Public BOCC 4/8/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANTS: Donald & Barbara Chaplin LOCATION: A tract of land located in Section 1, T6S, R92W of the 6th P.M.; located approximately two (2) miles east of Silt along CR 214 in Peach Valley. SITE DATA: 78 Acres WATER: Individual; shared wells SEWER: Individual sewage disposal systems ACCESS: Direct access to CR 214 (Peach Valley Road); easements EXISTING ZONING: A/R/RD ADJACENT ZONING; North: O/S East/West/South: AIR/RD I. RELATIONSHIP TO TIIE COMPREHENSIVE PLAN The subject property is located within District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This property is a 78 acre tract located on the north side of County Road 214 (Peach Valley Road), approximately two (2) miles east of Silt. The tract generally slopes downward along the flanks of the Grand Hogback at an average slope calculated to be approximately 12%, with specific slopes calculated to be in excess of 32%. Vegetation ranges from sage and annual grasses, to pinyon and juniper, with a small portion of irrigated pasture. The Roseman Ditch enters the property on the eastern side and traverses across the tract, exiting on the western side of the property. An existing single family residence and related agricultural buildings are located on the southern portion of the tract. See vicinity map, page • • B. A jacent Land Uses: Adjacent land uses include agricultural, residential and open space. The recently approved Cedar Hills Ranch subdivision is located directly east of the property in question and the Bureau of Land Management owns a sizeable tract north of the property. C. Proposal: The applicant proposes to divide, by exemption, the 78 acre tract into four 4) parcels of approximately 10, 20, 21 and 26 acres. Lot 1, the 10 acre parcel, would contain the existing residence, barn and water well and the remaining parcels are currently devoid of any improvements. See sketch map, page. ' • . CII. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations; Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a total offour (4) lots, parcels, interests or dwelling units will he created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created ,nay, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (1) lot, parcel, interest or dwelling unit limitation otherwise applicable;" A deed submitted with the application indicate the applicants obtained the property in March, 1978. It appears the previous owners obtained the tract in April, 1968, and the t act has remained in the same configuration since 1968. See deeds, pages Based on this analysis, it appears this request complies with Section 8:52 (A) of the Subdivision Regulations. B. Zoning; The subject tract is located within the A/R/RD zone district and all proposed lots are in excess of the two (2) acre, minimum lot size requirement. C. Water: The water supply for the four (4) proposed lots would come from an existing, decreed well (Klumker Well), which would be the water supply for the existing residence and a new, domestic well that would be shared among the three (3) other parcels. The Klumker Well is decreed for 0.033 cubic feet per second (14.85 GPM) and the new, domestic well is approved for ordinary household purposes inside [up t thre 3) single family dwellings. See water well decree and well permit, pages The applicant would be required to demonstrate an adequate physical supply of water and designate and record wellhead and water supply line easements, prior to the authorization of an exemption plat. A well -sharing areement has been submitted, which appears to be adequate. See agreement, pages) •17 . It will be required to record this agreement, prior to authorization of an exemption plat. D. Drainage: The recent Preliminary Plan approval process for the Cedar Hills Ranch subdivision allows a particular insight into this exemption re uest than is normally considered. Based on drainage information (see map, page ) submitted and analyzed for the Cedar Hills project, it would appear that Chaplin Well #1 would be located in an area identified to be capable of contributing significant flows of water across the property. Staff recommends the well be installed in a manner to protect it from the sizeable [flood] flows that could be generated in the basin, located northwest of the project. Additional "drainage easements" are indicated on the sketch map, which staff suggests, do not actually exist in the linear fashion depicted on the sketch map. Staff recommends these "easements" be surveyed to determine the exact boundaries of the drainages and a plat note be included to instruct that no residential construction occur within these easements. Additionally, it appears the proposed access and utility easement would be located in the center of the drainage. Staff recommends construction of this access be done in a fashion to adequately channel the expected stormwater flows and ensure that runoff does not affect the drainage characteristics of the area, especially Peach Valley Road. E. Sewer/Soils: The method of waste water treatment for the lots to be created is proposed to be the use of individual sewage disposal systems. According to the Soil Conservation Service, there are four (4) general classifications of soil: Halaquepts; Olney loam; Potts loam; and Torriorthents-Camborthids-Rock outcrop complex. These soils vary significantly in a number of ways; however, when used for building site development constraints are considered to be slight to moderate and when used for ISD systems, constraints are considered to be moderate. Staff recommends the inclusion of a plat note to address potential soil limitations. VP Access: Access to the proposed lots would be via an existing driveway that currently provides access to the existing residence. This access runs along the eastern boundary of the property where, it appears, it would terminate in a semi -circle with driveways radiating outward. This common access easement would be required to be surveyed as a part of the exemption plat and would be recorded upon authorization of said plat. Given the topography of the site, staff would recommend the inclusion of a plat note to limit the grade of the common access and individual driveways to no more than 14%. Additionally, given sight distances along Peach Valley Road, staff recommends the applicant consult with Road and Bridge to determine the actual and safest alignment of the access road. J. Fire Protection: The Burning Mountains Fire Protection District has responded, indicating the subject property is within its response district. The District further notes that, given the distance of from the fire station, an emergency response may be slow. See letter, pages . H. Roseman Ditch: The Roseman Ditch traverses portions of the property and could conceivably hamper building sites or driveways. Staff suggests that any future improvements that may affect the ditch be made in a way that ensures the integrity of the ditch and does not diminish water quality or quantity for downstream users. Utilities: In an effort to better conform with the adjacent, Cedar Hills subdivision, staff recommends that all utilities be placed underground. J Easements: Any required easements for drainage, utilities, access, irrigation ditches, water supply, etc., will be required to be shown on the exemption plat. K. School Impact Fees: The applicant will be required to pay school impact fees of 200, for each lot created by this exemption. L. Potential Road Impact Fees: Upon adoption of a road impact fee, the exemption parcel created by this exemption will be subject to paying that fee; paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. IV. SUGGESTED FINDINGS 1 That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Based on this analysis, staff recommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access, water supply or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot ($600.00 total), in school impact fees for the creation of all exemption parcels. 5. That the following plat notes be included: The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." Portions of this exemption were approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply, specifically Lots 2, 3, or 4." The shared well system (Lots 2, 3, and 4) approved for this exemption requires either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." There shall be no residential construction allowed within the areas identified as drainage easement" on this plat. Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." There shall be no additional splits by exemption on any lot created by the approval of this exemption." All access easements and driveways shall be less than 14% grade." 6. The control of noxious weeds shall be the responsibility of the landowner. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) The well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d} A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; t) If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); i) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 8. That the access road shall be constructed in a manner to positively manage the expected stormwater flows across the property and ensure that there is no material change in the drainage characteristics of the surrounding area, especially Peach Valley Road. Furthermore, the applicant shall consult with Road and Bridge to determine the best and safest alignment of the access road. That all utilities shall be placed underground. e 0 , 0 04.... 5, / I 2 • 00 1"1 cz J, 0_ r0 k , ). A. i- ),,.- p.. A.., \---. iiti 1) r-;:-.-----.4.ril, 1L :74: .. .: --,,-, 1 p ,7„,,,,..., • 11 : 1. 11,--.• 1 • • • ' ;I• -.i.' : 1 1 ,..;1!:. v. ' • ..,/ - - .-. , J. , , , ,_., ..., I I'. • 1:•— . `-, i te'le.' .'•P :1. z • - 11.111: k•. r_ 1-2"' " • ":11 4 k‘. M 16 In e.6 /I• 0 z 0 4 111 moneamwmarstorriwasszawspownwL Lo 26 ACRES -#/– attst, DRNA44GE CASEY ENTS 20 ACR PROPOSED CHAPLIN WELL /1 PERWED R7R D0AIES77C USE) EXISTIM avinwor "- CrIWAVELS EA44N DITM 660 Fr 1 5560 SCALE tegagsrmmalaw'12261 1 DTCH 300 FT. COUNTY ROAD 214 PEACH VALLEY ROAD) 0 PROPOSED ACCESS AND 1177L/TY E4SEAIL7VT EXIS77NG WELL FRIarARD BoLsetiv-1 Bn262,.m19thrl_ Land SonAnkar LI 13601 11 SKE7M Ats4P CHAPL/N SUBDAISION EXEMPTION SEC770N 1, T6S, R92W 477.." 214 Rd. COLORADO SIM ColoradoII (970) 876-2947 ji 414.4PIIN-0141 1.UUIC 1 ,J .ltucuruetl nt,. r O u'clueli ni., .._l1.1.'..!:.!:.L.._1.;'t.,.....i.')i f lt c p l O66 7 CI1as ,h,..l-1S.e..i 1arl: 1 ll Reception ..1.., I2ecordor. TIIIS DEED, Mndo this 15th day of April in the year of our Lord one thousand nine hundred and Six L y- e i gh t between WALTER E. CASTLE and ALICE A. CASTLE of the County of Garfield and State of Colorado, of the first pert, and KELLY KLUMKER and GEORGIA B. KLUMKER of the and State of Colorado, of the second part: WITNESSETII, That the said pnrtleS of the first part, for and in consideration of the sura of Thirty Thousand and no/100 DOLLARS, County of Garfield SU1( 6ot>:LSEurt rt» AP, it tiR ilaER to the said pnrtleS of the first part in hand paid by the said parties of the second part, tho receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 1 and 2 and the SWkNE ; of Section 1, Township 6 South, Range 92 West•of the 6th P. M., save and except the part thereof describ- ed in that certain deed recorded as Document No. 93135 in Book 142 at Page. 549 . and also that part of said SW ;NE ; lying north of the old county .road bounded on the west by the section lire, bounded on the north by the Roseman Ditch, and bounded on the east by the center of a rock ledge marked by a fence; PROVIDED ALWAYS that Grantors except and reserve all that part of the above-described property lying Last of the following -described line: Beginning at a monument on the First Correction Line South, at a point whence the South Quarter Corner of Section 33, Township 5 South, Range 92 West of the 6th P. M. bears East 341.25 feet; thence S. 000 09' 07" E. 1333.23 feet to an angle point of the property division fence; thence S. 82° 54' 41" W. 69.04 feet along the property division fence to an angle point of said fence; thence S. 00° 08' 58" W. 1134.35 feet along the property division fence to a monument located at the Northerly right-of-way fence of the county road as constructed and in use. Together with 10 shares of water in the Roseman Ditch, or the equivalent thereof in second feet or fractions thereof, and a corresponding interest in said Roseman Ditch sufficient to convey said water. (Said Roseman Ditch is sometimes referred to as an enlargement of the Tompkins Ditch.) GRANTORS RESERVE, for themselves, their heirs, executors, admini- strators and assigns, an undivided one-half of whatever interest the Grantors now own in any and all oil, gas and other minerals of every nature, in or under said lands or which may be produced there from, said reservation being in addition to reservations made by prior owners or grantors in the chain of title to said land. 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 whatooever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtonnncen. No. 768. WAUIIANTY DEED—To Joint 'Tenants.—Drnd(or,-Itobineon Pt toting' Company, 1024-40 Stout Street, Denver, Colorado DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 94CW30 FILED IN COMBINLf COUF(I CFf;F'!EL^ if.:,-... r;,. APP. 2:7 u!:? RULING OF THE REFERIE IN THE MATTER OF THE APPLICATION FOR WA'T'ER RIGHTS OF: DONALD M. CHAPLIN AND BARBARA I. CI-IAPLIN, in Garfield County, Colorado The above -entitled application was filed on February 28, 1994, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application docs hereby make the following determination and Ruling as the Referee, to wit: 1. The statements in the Application are true. 2. The name and address of the Applicants are Donald M. Chaplin and Barbara I. Chaplin, P. O. Box 550, Vail, CO 81658. 3. The Applicants request an application for water storage right as more fully described as follows: A. Name of reservoir: Puddin's Pond. B. Legal description: Location of dam: Puddin's Pond is located in the Southwest 1/4 Northeast 1/4 of Section 1, Township 6 South, Range 92 West of the 6111 P.M. The outlet is located 1340 feet West of the Easterly Section line and 2200 feet South of the Northerly Section line of said Section 1. Name and capacity of ditch used to fill reservoir, and legal description of point of diversion: See Paragraph 3.C., below. F:\F111:S\CIIAPUN.3 R1.1 April 27, 1995 Donald and Barbara Chaplin Ruling of the Referee C. Source: Seepage from Roseman Ditch, which runs above the seep area for several hundred yards, tributary to the Colorado River. D. Date of appropriation: October 31, 1988. E. Amount claimed: 2 acre-feet, conditional. F. Use: Aesthetic, wildlife propagation, stockwater and erosion control purposes. G. Maximum height of dam: 8.5 feet. Length of dam: 35 feet. H. Total capacity of reservoir: 2 acre-feet. Active capacity: 1.5 acre-feet. Dead storage: .5 acre-feet. The Referee does therefore conclude that the water storage right requested for the Puddin's Pond, as more fully set forth in Paragraph 3, above, is hereby granted and 2 acre feet, with an Appropriation Date of October 31, 1988, is hereby awarded conditionally to the Puddin's Pond for aesthetic, wildlife propagation, stockwater and erosion control purposes, provided always that said 2 acre-feet is awarded on the condition that said quantity of water be diverted and applied to beneficial use within a reasonable time; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. An Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as the Applicants desire to maintain the conditional water right herein awarded, or until a determination has been made that such conditional right is made absolute by reason of the completion of the appropriation, or are otherwise disposed of. 4. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. 5. It is further ORDERED that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. F:3 ILES\Cl IAPI1N.3RU April 27. 1995 -2- Donald and Barbara Chaplin Ruling of the Referee r- Dated this,,27 clay of ` _ 9- 2/1-C C -r, St rt rt fit 1995. BY TI -IE, ,EIZEEV' Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court. The month and year for filing an Application for binding of Reasonable Diligence shall be MAY , 2001. Dated this .i'--;/ day of `l;:< , 1995. 2,u g (I' (.1 tf )'. F:AFILES \CI(AP111'1.3RU April27, 1995 -3- WATER JUDGE: i oral No. GWS -25 APPLICANT UI-I1C1. ()I 11 II :; i A I l : I .f•dGItvi.:l_1( C;OI.OI ADO DIV." OF WA l EI t 11ESoul10Es 13113 Centennial Bldg.. 1313 Slrornitu> St., r)onver, Colorado 130203 30:3) 8 66-3 511 1 WELL PERMIT NUMBEII _ ___ trfillriii_r DIV. 5 CN IY. 23 VVD 39 DES. BASIN MD l.ot: r.31s>clr. I ilinq: SulxJiv DONALD & L-IARBAl1A CI lAPLIN LEAVENWOR 11 I & CALOIA PC P 0 DRAWER 2030 GLENWD SPRINGS CO 01 602 303)945-2261 PERMIT TO CONS1TIUC-T A WELL APPROVED WELL LOCAL ION GARFIFI.D COMFY NE -1/4 NE 1/4 Section 1 Twp 6 S RANGE 92 W 6th P.M. DISTANCES F11OM SEC1ION LINES 1160 F1. Born North Section Line 1240 FI. from East Section tine ISSUANCE OF THIS PERMIT DOES NOT CONFER A WA I Ell RIGHT CONDI l IONS OF APPROVAL 1) Ti1is well shall be used in such a way as to cruse no material injury to existing water rights. 11te issuance of the permit does not assure the applicant that no injury will occ11r to another vested wafer right or preclude another owner of a vested water right from seeking relief in 0 civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a valiance has been granted by the Slate Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(0)(11)(A) as the only well on a tract of land of 36 acres described as that portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A". 4) The use 01 ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, lire protection, the watering of poultry, dornesti0 animals, and livestock on a farm or ranch, and the irrigation of not over one (I) acre of h0111e gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return (low from the use of the well must ho through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) Fhis well shall be constructed not more than 200 feet 110111 the location specified on this permit.. APPROVED JD2 Stale r:ncrief•er Receipt No. 0313 1520 DA I L ISSUED /TPR 2 11 1995 R'S COPY j) r lr. •fir-lCi-;7- EXPIISATI011 DATE APR 2 h 1997 1N THE DISTRICT COURT IN AND WATER DIVISION N0. 5 S'L'ATE OF COLORADO CASE NO. W- 1183 IN THE KA'I`I'ER OF THE APPLICATION FOR WATER RIGHTS of KELLY KLUMKER GEORGIA B. KLUMKER IN THE COLORADO RIVF,V OR I'I'S TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY FOR F 1 L f 11'4 Division 1,,; ov 2 (,.,1T7.,:). 5T TE OF COLO ' fl' -,t f/ RULING i7F-111gvi`ttIt1' ;E ._.-- —, r,..... ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee Leaving made the investigations required by Article 21 of Chapter 1448, 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 12 th day of July , 197 2 , Kelly Klumker and Georgia B. Klumker New Castle, Colorado 1. Name of Applicant Address 2. The name of the structure is Klumker Well. 3. The Legal description of the structure is: the well is located in the SANE' of Section 1, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the South quarter Corner of Section33 T. 5 S., R. 92 W of the 6th P.M. bears N. 17°33'22" E. a distance of 2299 feet, 4. The depth of the well is 155 feet, 5. The elate of initiation of appropriation is March 1, 1967. 6. The amount of water claimed 7. The use of the water is 8. The 9. The 10. The is 0.033 cubic foot per second of time. domestic. State Engineer's number is Priority date is March 1, date of the application was none. 1967. June29, 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 thin ruling shall become e Cective upon filing with the Water Clerk, subject to Judicial review provided by law. Done at the City of Glenwood Springs, Colorado this day of jn , 197 No protest was filed in this matter. Tho foregoing ruling is oontirmed an:i approved, and is made the Judgment and Decree of this court. 4f7,N23 13i S'? Water Referee Water Division. No. 5 State of Colorado DECLARA'I'R)N D1' EASEMENT'S ANI) COVENANTS Garfield Couii , Co:oIorado The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the sane to be divided into four (4) lots, as described in Garfield County Resolution No. Hereinafter the "Subdivision") recorded the day of 1996, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY ANI) WA'T'ER RESTRIC'T'IONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klu raker Well, which is, the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Kluniker Well, tl e water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot I , Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lois 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may he used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit. for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. 'l'hc owner of Lot 4 shall be the owner designated to receive correspondence related to such well permit. wl'51AI)0x_.1Vi'IIAI'I IN,.IDC 4/4- 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall he the joint owners, each with an undivided one-third interest. in the Chaplin Weil No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and nay not he transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatatiou, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No, 1, the pump, and appurtenant facilities. The costs of common water lines or other COtnnfOu water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines (o undertake such work, he shall first notify the other lot owners in writing. 'Ihe lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the saute may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct roue possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre 14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over c:lwri111)0,-\CIIArI.IN ri,: Baa irrigation use. and IR) outside use shall be allowed if any in-house domestic needs are not mel. The owners of Lots 2. 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division h.ngineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. AR'T'ICLE 11 GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner Of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. 'These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk anc.1 Recorder. 4. Amendment of Covenants. 'These Covenants may he sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. Wr51 \ )f)CS u. ll API.Ir1. 1I)( HI. '. 1996 OP/ d119 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in hill force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of • 1996. 13y 13y STATE, OF COLORADO ) ss. COUNTY O1 DECLARANT: Donald NI. Chaplin I3arbara L. Chaplin Acknowledged, subscribed, and sworn to before me this _ _ day of 1996, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: NI'S1\DOLS\(II,\PUN SIH' chi u.i, 7 22. 1'Iy4) Notary Public 11 o) A. 1, ut, il , i. (), / , • ; •• 1 i• . k 1_'. '. I , ,'• ' ' . , I I/ , . 1•Iyo.....••• !„.1,6 s, , - t j, I • ' I ; 1 . . . , / 1 k 1 / , ) 0 / 1„ )1:c , , I / ii • • tP. 1 ./ \ ‘(1..?„,. '' 1...k. 41 . • ' , ! ' 1 ° d )4•,ily . iv- . i) A , I 4-,- , 1, '. 1 , . .. • ..,f, , .. I (( . I i ) . 110)0 ., 1 i_i:::?.:,;:-„ ?"-z!„.._?-i'. ri 1 i )1•Z(...)1 -)1f - \-( I -.:'---•:•:-.-:-:!- 1-7. 1. 1.:T'..--:---, 2' 71r‘ rC1 1 )1•lo id 1 o'E.'ll'"— • ''' ' . -• .' I ' i 1111) — , • r• z '••••• 1 • I ( 1 I I. • . ? . ., •:- 1 !I ', , ‘• . - -,:-.' s • -.::-----.;) ., Y::: -, 1 ( , %. , i• -N:_1' • ,....-.-.-.,\. , ‘ \ I, 1.;•.i-.] ..', 1' '''-• •'' ' • . i ' . \ • . '•'. -':- r : it))1'7( \.;/ l'',;. ,?...,if 71' '''':-•' s \• • .” I 1 ' i:' '''''''''.:.-- ..--': '-. r: yi) iyis:;•:'•...ii.'z-....,......,-.-..:-•-•:-.::: n• ,_ - -I , t.)1110 (.)\' \OV) 111(111 (:())111 11Y 1)2:1 C(.1()I'Fil1 Avii111.11i GI. Ir_.1.1\-Al()011 13111111-1(15, CO 1)1(301 303) 9,15-(113/6 • FAX (311:1) 915-20113 t ‘\ I1/1t??/\'-, ?( Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe ivtontover Sean Mello Tom Voight Gordon Witzke 1 ,. '. , : = r am- ;'J id y Don Zordel - Chief Stu Cerise - Assist. Chi February 23, 1996 1'o Whom It May Concern: This is to inform you that the property owned by Donald M. & Barbara L. Chaplin, located at 4023 County Road 214, T6S; R 92W; Section 1, SW1/4 of the NE1/4, Lots 1 & 2, is within the Burning Mountains Fire Protection District and we do provide fire protection to same. It should be noted that the distance from the fire station will make for a long response time. Thank you, Donald L. Zordel, District Chief Burning Mins., FPD FEBD 7,©TITTIM 2 7 1996' Caloia Houpt & Light, P.C. GARFIELD COUNTY Building and Planning March 6, 1996 Donald & Barbara Chaplin P.O. Box 550 Vail, CO 81658 Dear Don & Barbara, Your application for a Subdivision Exemption has been scheduled for a public meeting before the Board of County Commissioners on April 8th, 1996, at 2:45 p.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to all property owners, public or private, adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. Please examine all enclosures to verify their accuracy. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sincerely, Eric D. McCafferty Garfield County Planner Enclosures Edmiedm 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that DONALD & BARBARA CHAPLIN have applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located approximately two (2) miles east of Silt in Peach Valley. Said subdivision exemption is to allow the petitioner to divide a 77 acre tract into four (4) parcels of 10, 20, 21 and 26 acres each in size, more or less, on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 8th day of April, 1996, at the hour of 2:45 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Lots 1 and 2. and the SUl,-,,L':; of Section L, 'township 6 South, Pange 92 West cif I iie 6th Pri.nci.paL Piericli_an, except tracts of laud conveyed Ty deeds recorded as Documents dos. 93133 and 1.64916 and also except tract of land reserved by deed recorded as Document Ho. 243139. OTIC TAN OTI " That N/ OLD /g'j QQ.,/ C f YUNf ha applied to the tiv of CX&N-rY Garfield, County pursuant to SEcrt t4 ', 4100 G tgLD Com Al -r 8U1VISio 'KCyvlL'?rion) to allow : C DLvIIb,Lo 4 77 Acize 711.4c:r 2 ro oUg AK CELS of /6, 2.4 '24 Atli) 14 c2tr S E c41, i'IotZE DIZ Liss on this property. A public rt'%E'r/N& on this ap•Iication rK'II be held in the wig id S • Q.S / oo,1 /?0061 301 • tJiCol/fie-No(6C Glenwood Springs, Colorado ComititiSion*XS on AFn? / 9% deta) at time 1:45 77r1 Date Notice Was Posted : By: For additional information, contact the COL4ft' 12LANAtio I)EP7 at CILK-TiliZ or ti/ -SSE , 109 8th St. Suite 303 , Glenwood Springs, CO 81601 BEFORE THI ,ARD OF COUNTY COMMISSIOERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Donald M. and Barbara Chaplin respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of (about) 78 acre tract of land into 4 tracts of approximately _ 19.5 acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) d) and the Garfield County Subdivision Regulations for the reasons stated below: To conform with the character of the neighborhood,.... SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: (Applicants have prepared Exhibit 1. , ....to discuss and explain certain submittal reauirements....which is attached.) A. Sketch map at a minimum scale of 1'1=200' showing the legal description of the property, dimension and area of all Tots or separate interests to be created, access to a public right-ol-way, and any proposed easements for drainage, irrigation, access or to ilities; 13. Vicinity reap at a minimum scale of 1"=-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics ()leach type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger pare& 2•‘ i! existed on January :, 1973. J. A $300.00 fee must be submitted with the application. 11C)°I44t je4 Donald M. Chaplin) Petitioner (Barbara L. Chaplin) Petitioner! P.O. Box 550 Mailing Address Vail. Colorado 81658 City State 970) 845-2004 (Office) Telephone Number EXEM1 T1ON APPLICABILITY The Board of -County Commissioners has the discretionary power to exempt a division of landfromthedefinitionofsubdivisionandtherebyfromtheprocedureintheseRegulations, provided the Board determines that such exemption will not impair ordefeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also mayconsideradditionalfactorslistedinSection8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield CountyClerkandRecorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four 4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or areintheprocessofbeingmet; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and I I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by theGarfieldCountyDepartmentofDevelopment/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request forcompleteness within eight 8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. 4 Exhibit 1. to Petition for Exemption, Chaplin, Donald M. and Barbara L. of Monday, February 26, 1996. SUBMITTAL REttlIREME;ITS, ...Notes. A. Attached,....prepared by Rich Holson; B. Attached,....again, prepared by Rich Holson; C. Copy of Deed,....attached; D. Attached,...names and addresses of owners of record. We asked Stewart Title Company to 3lenwood Springs, Colorado to assist us,....in order to be accurate and complete; E. Evidence of soil types,....the applicants have worked with Soil Conservation for many years,...specifically, Leon Padilla. The attached information was prepared by his office; F. Source of water,....Decree for Klumker Well and copy of Permit for second well attached; Method of Sewage Disposal,...Individual (Engineered) sewage disposal systems per and constructed in accordance with county regulations; Letter of Approval of fire protection plan. Don Zordel has been provided with the legal and physical description of the subject property. He has stated that he will prepare and submit the appropriate letter to the Board of County Commissioners by way of the Planning Department,....with a copy to the applicant; Municipal water or sewer system,....Not applicable. H. Narrative,....why is Exemption being requested? The Appli- cant's decision is to conform to the character of the neighborhood which is,...generally, smaller parcels of land; I. To demonstrate that the parcel existed as described on January 1, 1973. Copies of the appropriate Deeds are attached,....from Klumker to Chaplin,...and prior owner to Klumker. Again, copies of the appropriate information obtained from Stewart Title Company of 3lenwood Springs, Colorado. J. S3J0 fee,... Applicant's NOTE: Donald and the applicant ri: :t`.+ce' a check in that amount. As we prepare this Petition for Exemption, we have attempted to be accurate and complete. We have engaged competent parties in the inital stages of this process, and will continue to involve this team of competency in the continu- ing process. In this request for Exemption,.... our commitment is to be exemplarary,...not only for future owners but for the community of Gar- field County, as well: Barbara Chaplin IN REPLY REFER TO: United States Department of the Interior-,, BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 April 4, 1996 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 1785g:4". \711;. 7-880) Dear Mr. Bean: In response to your request for comments regarding the proposed Chaplin Subdivision Exemption located in T6S, R92W, Section 1, Lots 1 and 2, SWINE%, Sixth PM approximately 2 miles east of Silt in Peach Valley, I offer the following statements for your scheduled April 8, 1996, public meeting. The northern edge of the 77 acre tract is adjacent to public lands administered by this office. Current uses on the BLM include livestock grazing, wildlife habitat, and dispersed recreation such as hunting, horseback riding, and hiking. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The owners should be advised that the adjacent public land has current permits for livestock grazing. Under Colorado statutes, it is a landowner's responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/BLM boundary is recommended to resolve this use conflict. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public land is open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses aLe allowed o11 BLM-cd1tiiitis1.eL l.1 land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 5. The proposed subdivision lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have a deleterious effect on game herd populations and health. Animals currently wintering on the private lands will be displaced to adjoining public and private lands. Habitat conditions on much of the big game winter range in this area is considered unsatisfactory. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, Michael S. Mottice Area Manager FA',1 Q96Recordedati.ae) ,,.,.. Y' 'f, ...., Reception No. KELLY KLU'IKER and GEORGIA B. KLUAIKER, husband and wife, whoseathlressis Route 10, Box 155, Glenwood, New Mexico County of Catron , State of New Mexico , for the consideration of Ten Dollars and other.lvaluable consideration d ixLY, in hand paid, herclly sell (x and convey04 to DONALD M. CHAPLIN and BARBARA L. CHAPLIN, as tenants in common, whose legal address is P . 0 . Box 5 5 0 , Eagle , and State of Colorado County of Garfield MAR 2 1978 as joint tenants and not Vail , County of the foliowing real property in the and State of Colorado, to wit: Lots 1 and 2 and the SW3/4NE4 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, except tracts of land conveyed by deeds recorded as Documents Nos. 93135 and 144916 and also except tract of land reserved by deed recorded as Document No. 243139. also known as street and number with all its appurtenances, and warrantkA the title to the same, subject to ad valorem taxes and installments of special assessments for 1978 and subsequent years, reservations from U. S. Patent, rights-of-wayrecordedinBook50atPage427, Book 191 at Page 315, Book 401 at Page 68, and Book 1 at Page 90; mineral reservations recorded in Book 357 at Page 587, and Book 401 at Page 68. Signed this 1st day of STATE OF COLORADO, County of Garfield 1SS. Marc 19 /7 8 K fy K1U t1""k'er ;' "husband 7 i d Georgia B. Klumker, wife The foregoing instrument was acknowledged before me this day of March ,19 78, by Kelly Klumker husband and wife. My commission expires October 1, 1980 14,1 tWe 5;my hand and official seal. 011U-- 01, .,°:..c 1st and Georgia B. Klumker OF 00- 0,tr. 47'11.rmnu0tt ` 1. No. 89t.•,i„nyits;,110;need—Short Form Bradford Publishing Co.. (944.44 Stout Streit. Denver. Colorado. x.77 Notary Public UNRECORDED FINAL PLAT FROM 1998 CHAPLIN SUBDIVISION EXEMPTION 1 DECLARATION OF EASEMENTS AND COVENANTS Garfield County, Colorado The undersigned, Barbara L. Chaplin (hereinafter "Declarant"), being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the same to be divided into four (4) lots, as described in Garfield County Resolution No. ______ (hereinafter the "Subdivision") recorded the day of _ 2026, in Book ___ at Page ___ as Reception No._ , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY AND WATER RESTRICTIONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klumker Well, which is the subject of the decree entered in Case No. W- 1183 , District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Klumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(Il) (A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may be used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be the owner designated to receive correspondence related to such well permit. 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operation, maintenance, repair, 2 replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct route possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre (14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met. The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant owns an undivided one-half (½) of one (1) share in the Ware and Hinds Ditch and fourteen (14) shares in the Roseman Ditch. Upon the conveyance of each of Lots 1 through 4, Declarant shall convey by quitclaim deed the following water rights appurtenant to the lot conveyed: one (1) share of the Roseman Ditch to Lot 1; 3 seven (7) shares of the Roseman Ditch and an undivided one-half (½) of one (1) share of the Ware and Hinds Ditch to Lot 2; three (3) shares of the Roseman Ditch to Lot 3; and three (3) shares of the Roseman Ditch to Lot 4. The foregoing allocation of water rights has been determined based upon the irrigated hay acreage associated with each lot. ARTICLE II GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty- five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 4. Amendment of Covenants. These Covenants may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 1 PROPOSED CH.4PUN WELL /1 PERM/ALU FOR DOMESTIC USE) sew 0 MOOSE l.o71 10 ACRES +/- 0 PROPOSED ACCESS AND U7IL/TY EASEMENT EX/S77NG WELL SCALE 1 INCH - 300 Pr. COUNTY ROAD 214 PEACH VALLEY ROAD) rIc&tRD L 1YOLSANI Profiles/one Land Surveyor LS 13501 s. MAP CHAPUN SUBDMSION EXEMPTION SECTION 1, T6S, R92W 4773 214 Rd tom. SILT, COLORADO jSIMColorado 970) 876-2947 __ AVE' 2/26/9411PRal 950f9 CHIP/SWIM