RECE:IVED - Garfield County, Colorado · GARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile:

GARFIELD COUNTY Building & Planning Department 108 81

h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470

·' www.qarfield-county.com

Conditional Use Permit

GENERAL INFORMATION (To be completed by the applicant.)

RECE:IVED MAR l 9 2007

GAHFIELD COUNTY BUILDING & PLANNING

~ Street Address I General Location of Property: O b 3 5" ~fl.. /{) ~ c~rk,Jt>ile, co ~16i-? ; A) s:Je. oP (?.£ f?~ver d- sv~""h-

~ _Legal Description: . l.-e. 111 f) ft. r(~~e qffc.~'-) _ _ -·.

~ Existing Use & Size of Property in acres: ;3 f:: 2. O °t 3 I";, O! t. ~ 9 )> Description of Conditional Use Requested: lSmtJi"'(J lkv~ e_

w1·1-Z 5" re1tt"'eJ r~tn.. o..~ o\A-e Ow~'? dw.-1/e-r5

}- Zone District: _lf=~rt~t-~O ___ _

~ Name _of Property Owner (Applicant): g .. JwJ, l:wk1 fl.ekeaei 01JJc,,~"' ~~ ~ Address: ()b5£ C& /() (, Telephone: 2 7<1 - tlt ~ 6 q 7 Z.. ~ City: Vt (W,,,..,j,h State: C,0 Zip Code: fl6Z,") FAX: '! 3-<J5"3

· · · · ! ' · .. .. · · -.jj>c"/"rc.Jo <f!.. ~ l..t,f) . c,,o,,.__

~ Name of Owner's Re resentative if an Planner Attorne etc :

Ses~ (o,,.._7tvvtA-iC:>"' 1 ~so"' ~eb= . J> Address: II?_ {!E Srr Telephone: '17~-61t-b?7 L ~ City: (c.,(bo0Ji State: CO Zip Code: f°l6'l} FAX: 96 "J-9B)

STAF~ .USE ONLY

~ Doc. No.: Date Submitted: TC Date: - - --- ---- - -----~ Planner: Hearing Date: ________ _

May ''3 .07 02:30p Jason Segal ~"{ •un:~tll ~J: :>J b~o~b'U

970-963-6533 ROAD AND BR !OGE

Garfield Coun

Aoplkafion (or Driv!!!Jy Permit

p.2

PAGE Ell

..

Pnso11 Obtllmblg l'mrfJJ1 Rkluml & Lm• S#rfll AJ)p/kolin DllU: 1/l 'H'J(JIJ6 Calllfly llotMI Nlllflbp: 106 Didridz GIMwool

Patllil N"""-: GR1106-D-16 Tt1tlJinadM n.: llJJ11ltl66 l~.ldeM.O

hereby niqlll:M!i pennissiOll aad ndtority 6vm 1be Boll'd of Cwaly Cclmmilslonets IO OOllllnlet 1 driveway i!pp.nl8Ch (es) on therigbt-of.way off of County Roada.Uia J:.• flf At .Md,_, loc:MMon lbelu!l aide of road for the purpose of obtaining_, IO jliopwly.

Applican1 subnlill benwith for die CODsidcallon a approval of the 8oud of County COllllllissionen, a ~ oftb.e proposed .... lletiort llbowiD& .ii die Dlltt I ,7 1F4' jf!,wtioa dcboil incl•xling:

I. F~ of lilt alODg road. 2. Distance fium Cl!llllrline of rmd IO pilljHlftY line. 3. Numborofd!i--.ys~ 4. Widlb of piupoeed clrivcwlyB and agle of lfllll'*'b.. S. Diolmcc ftOIJI ~to rOlld iulawtira, lfmy. 6. Slaandahlpeof_.,,..mmcclriwwaytif ___ p; Ullch. 7. SetbeGk ~ ofbuildillg(1) Ind OCllw ..... m.n•-s. No uulollding of equipment on coanty l'Olld, my dalDlljp 1:..-1 to ccnmty t'Olld will be npail'Cd II subdivision

Ollpalse. 9. R18pan111'1e fbrtwo ,_.from 1he delc il4' ~ I ,_.

G·rn!Pmhm•

I) The appllcat repicoents all paties in ialen!ot, aad aftbms dl8r!MdriwwA)' eppco.oh (es) ls to be coaalructecl by him for Ille bona fide purpoee of llllWring- to bis p1op11ty l8ld not for the purpose of doing bus I-or ~ Vllblelea Oil dill road rllld of way. .

2) The applicaot ahall fanli!h all laluand llSllcriaJs, jl61ibim all WOiie, 1111d pay all coas in c:onnec:&n with the collSINCtion oftbo driwway{s). All 'Miit .hlll lie compl.ad wllbin tbirty (30) days of die permit dllle.

3) The type of llllllSbul1tion sblill be. "8ipled ad/or wuved by Iha Board of Couoty Commi11lonen or 1beir 1ep1-1tative ad all mMa'im lll!lld shall be of tlllilr.otory qllllity and 1ubjcct 10 btipeetiGn 111d lpp.'VVal of1he Board ofCouoly CommiMiooon or....,••• llllli ....

4) 1be tnveliog publii;l lball be proleCled dllriDa lbe inllallalion wit1t proper waning 1itpls .ii<! slgnaJJ and lhe Board of County Commluioners lllld their duly l4IPOinled...,.. end employee Iba.II be held humlus lplnst any action for pellODll inJw:y or fJl'OP"1Y dwp 111•1 i1m by.,._ ofdio cwciso oftb9 J'llrm.it.

S) The Applicant sball usumc aespmisibllily for die mnovaJ or c.....,_ ofsnow, ice, or sleet upon my portion of the driveway llf'll'\*ll(es)e\'etl tbolapdepotitod on die~•) h\tbe- ofthe County mow removal operaliom.

May (13 07 02:30p Jason Segal ~Sf~<fL~~f ~J:S3 6258627

970-963-6533 ROAD AND BR !DGE

p.3

PAGE 02

6) In the event it "-'mes -HI')' to - .a)' rigbl-of-way ftlace, the pos1a on eilllm" aide ofll» iUlbaw:e lhall bo wrely braced betOre the tcncc is cut to pm"2ll: *">' "ding of the remaining r-wl Ill po.- 111111 wire removed 8ball be tumcd over to die Diltrict Ra.i Supenri-or11ic Board ofCowaly CommiMioncrli.

7) No~ ir lldditions shall be m.de to die~•) or Ila llpplll!mlanCCS co Ille npk>f-'Wll)' widlout wriUeo pc:nniaion oftbe Bolld of Caualy Cawa!ee!Q --

1) Proviaiolll and specificatima outlilled bcnin Iii.II lppl)o oa all IU8da l.lllder tbejllli1di<:tion of'the lkimd of County ('remi11foocn ofGatfield Cowlly, Colondo, 11111ille9plci6clllions, SCltforthon the ICtw:bad bel9of wl iueocpor'*'4 lweia .. C<lGditlolll lieleo£.

!I) r...a ... ,...., • ..,._,,,. .. ,........ .... ,.,, • ......... ..,,o, .. .,.,._ .... 1111 perwltor ......... of,.,_ ....... plll'lllt.

Th1Mpectlo9. wt lip off.-...... prtiw•91 CO,,_ die B ! F*i ... PlitlPOI DlputlMU ........

I. Drlvew&)' Wlcltb- 30ft 2. C•IYlllt .......,..., J'lllM Sfa1 .., 3. AapUlt ... _.,. pild nqllirellt TNe .. dflllll JM Wllllr I: ...... 4111 tldck ... Groll ................. ,, ... '-a*: 5. T1Wobndi ........ l'eut_.Cvh1 I :141 ... •I ZPJT l'Ue 6. DtlC.Me ... Dlndln: 7. CetlffWTl'llflcCGlltnlltet*9ilT I'• L Wcnti.- ..... nq ...... T TIW

ID llipJDg this epplicaion llOd upon receiving IUlhoriZlllion llld permiulon to illllall lbe drivew.y ...,.oedl (es) . de.cribed h«dn die Applh:IDI lignillft diet be '* ..S, undallllllla llld ICOepCt tbe fcngoil>g prorillom ...S caadltions and 1&1ee1 lo COll8lnlct Ille drivewa)'(s) in .,...dance wilb the ~ !lpOCiflcatioa plan reviewed md liJIPl'OVod

by die Boll'Ci ofCaualy C-"'ioom.

Addl'l!U:

Permit gnwted 711Wl8". suhjm lo tho ptOtllluu, •• • n II:•_. 'omdldo111 llliptll1tecl lierda.

or Bomd af Coimly Qimrb1 "c11111' of<lmilold County, Colondo:

of Qarfield COIDrty ROlld and Bridp Signature

May 03 07 02:30p Jason Segal 970-963-6533 ROAD AND ERIDGE

Specifications

p.4 PAGE 03

l. A driveway approach is unclenloOd to be thlt polfi1111 oftbo coumyroad righ:t-orway betwoen lhop&Vmlelltedge and tho property lillc that iadolligiicd 11t1d wiod for111e inlrmhange of traffic i.m-o. Ibo roadway IDd ebultiilg l'WP'"ly·

2. At 1111y itlterscctiDO, a driveway shall be •"*lcmd for a RUfficlcat dlabmoe from the Wleraectioo lo proserve the nrumal Bild ..Cu mowmeut oftmffic. (It is """'8Ulloellf'or nnl R>sidenoe --that a minlmam intersection clearance of SO~ bo provided md ftir nnl QNDUliileial cmllances a minimum ot: 100 ti:iet be provided.)

3. All e11b&1illC1 ud axits llhall be 11> I~ md _,_.1bat vehicles "Pf"""'IChin or ming them Will be •ble to obtain adequale aigbt di- in bod! db ectioas elong 1be county roed in order to Jlllllouver safely md widJout Interfering with l'01IDty road lnltli.Q.

4. The Applicant shall net be permitled to erect any lip or dllplay IDllltlial, either fixed or IDOVll>le, on or mending over any pcution of lbe coonty tlJld ri9'1t-oft.way.

5. Genonlly, no more than one llflllR*b aluill be allowed any pll'llel Ill'~ the ~tap: of which Is less th111 one hulldred (100) &et. Addltloul adi•Ma« ealta ftJr p1n:ela having• fruiagc ill - of one hundnld 100) feet .i..u ""permllllid oa1y after llM1wllla or.....i ........... -lty.

6. All drivewayw shall be so IOCllMd that lhe t1nd poltiaa ldj- to 1he 1ravelod way wiU not -h upon alfioiaiag p;upqty.

1. No OOIJllllcrclal driveway shall have a wkldl ivmter 1llmn dlirty (30) feet measured at right a.aale& lo the llellterlioe of the driveway excepc u ibo:i t 311 d by permiulble radii. No Nft'<l!M!erclai drM:way sliall have a widdl 8fllloel" than twenty (20) feel --1 at risfot ..... to llM: ClClllaliiie oflhe dri~way. excepl u illcreased by pcnniuiblo nodii.

8. The llXil ofan 9Jllllll*b to !he med 1!111)' be It a rip! M>gle to 1lle Cd!ledine oflhe county road lllld of uy angle betweell ninety (!IO) dqp_, llld. sbly (60) degtws llut lhlfl rd be ta... than sixiy (60) depes. AcljuAmellt will be made ~ma to Iba t)'pl oftnflle to be""*' ..... Cllhll pllysK:lll':Clllditilias.

9. The conatn>Ctiaa of pmtcins or servicing- Oii lhe comity n.,t ript...t--y is .....,mc.11y prohibited. CommercW establlshmeuls for - wbida llliaold 111V¥xt. off'-tbe-road perkinfl !Milltlea.

10. The grade ofenlnnceand exit shall slope dollVDWlrd and my litim the road~ It the lillmO mtcs u Iha oonnal shoulder slope IDll fur a di._ equal to lhe ~ oftbe shooldcr lrut in no c:asc 1- lhan ·twenty (20) feet mini die psv-1 edp. """'**'.,... .. ldri<ad to,.,.....,.,, 1luin ... ~(10%).

11. All driveways md ~ llhaU be'° OOllSlnlctecleblt !hey Iha!! not int..ncrcwlth the dnllm1ge symm of the 1treet ot GOUllty nlld. The Aflplicant wlU be •equi>ed to pnMde, at llil own CJqlCllSfl, drainop llnlCIUrea at e111>auces llld llllits, which will beco111e 111 iatct1'll pmt of die OJi .... drainage system. 1be Board of COWlly Comml.ssiooen or dleJr reptQCObttiv9, prkJr to inllallMI-, mull eppmvo the dimellliona mt t)'JIOI of .it draiDage s1nlclures.

Nole: nil pemitlllall be.....,. ...,.at tkllitewlMin ad wfla ""rlt lo...,._. A wolt; tllekl or dnwhl1 ot!Jle prop a ed ~•) •• •r U •) llfpMr ,...._No pmalt wtl1 be..._. wltMtat dnwlJti,

blHprial, .......

Jun 08 08 11 :OOa Jason Segal

STANDARD BACTERIOLOGICAL WATER TEST SNOWMASS WATER & SANITATION DISTRICT P.O. BOX 5700 - SNOWMASS VILLAGE, CO 8161 5

!:'>. £> 1- · D PWS 10# Sam~lo Localion V \; :::> 7 L K

DATE _b . TIME / p (Y) NAME OF SUPPLY /)) e/,/ SAMPLE T~EN:

COU:-.ITY . ri'.:;~f SAMPLERl?1c.lr(>t'a.fdRINERESIOUAL __ MG/L

( ) COMMUNITY SU?PLY ( ) ROL!TINE DISTRIBUTION SYSTcM SUPPLY ( ) NON C0"1MUNITY ( ) CHECK SAMPLE ( ) PROCESS WATER ( ) OTHER PUBLIC ! ) RAW ( ) GROUND ( ) SURFACE <)<'PRIVATE ~SPECIAL PURPOSE SAMP~E

.. NOTE: Ir All .NFORll.ATION IS NOT SUPPLIED. THE $,\1/PLE Wlll BE DISCARDED.

SEE Ri:VERSE FOR TIME ~IMITATiONS, SAMPLING INSTRUCTIONS AND DEFINITIO~S.

RE~MRKS:

PHONE

ADDRESS

CITY·STATE__,......,.=....==.:.;_:,:.=.:L:...::...f-~-'-""----'<-..:.-"-=--+-~~~~

.. -·--. , () C 0 '} .€ ~ J..cu' ds o n

3 ,y Y -- .3 ~- ' z;

(-' ~r>I -rhe.

Ph

RECEIVED JUN 0 9 2008

GARFIELD COUNTY BUILDING & PLANNING

-

s (-\_I +-1-i e_

970-963-6533 p.1

ANALYSTISTART C.l:::::> U'ISUITABLE. 0 c~ FOR TEST

,1_.,ANALYST/FINISH /. RESULTS

COLILERT 18-hou test

.i,,.,. : .,..

COLIFORM FECAL ~ PRESENT

PRESENT

DO NOT WRITE IN THIS SPACE

Dl\TE ~J;f{,oL TIME , •. 2 3 p ~CEIVED DA.TE bf ce, TIME "6f .{J'3ry ON TEST

'lESULTS GREAT=R THAN ONE. COLIFOR\1 PER 100 ML INDICATES NON-!::OMPLIANCE WITH MINIMUM DRINKING W-5{,STANDAADS

some~ ...05 . ~· ..

p (.... l\.. ,. , ,,,j

L@D,C3E ~--- --O N T H I: RO ARiNC, FORK ; --~ -

0635 COUNTY ROAD 106 CARBONDALE, CO 81623 • (970)963-5806 • www.TheLodgeOnTheRoaringFork.com

j C\ s~ .___ .µ..' "'-\ C( .. H P ~ r-L

Garfield County CIO Craig Richardson

We, the Segal Family, hopefully have submitted the necessary items requested by the County to complete our application for a Special Use Boarding House. Please contact us ASAP if there are any other items needed.

In an effort to serve the Carbondale's summer tourism industry, we would appreciate your help in completing the file before the 4th of July weekend. We understand the board meets the first three Mondays of the month, and would greatly appreciate being heard on the June 18th meeting if possible.

RECEIVED MAY 0 2 2007

GARFIELD COUNTY BUILDING & PLANNING

L®DGE ON THC' ROARiNG FORK

0635 COUNTY ROAD 106 CARBONDALE, CO 81623 • (970)963-5806 • www.TheLodgeOnTheRoaringFork.com

Traffic Estimates

Peak Conditions (3 months Conservatively High, 100% occupancy, 100% turnover guests, employees)

Employees - Multiple shift employees =1 - driver/concierge, 1- housekeeping, 1 -manager/hospitality, Total=3, assume 2 trips per day Trips= 3x2=6

Guests - 100% occupancy, 100% turnover entire lodge in minimum stay two days (large group usage). 10 guests leaving 10 guests arriving, primarily private cars, SUV for large groups Grand Junction, Vail and Aspen Airports, average 2 persons per vehicle. Trips = 20/2=10

Peak (max) Total= 6 + 10 = 16trips per day

Low Season - Typical Conditions (6 months out of year)

Employees -Multiple shift employees =l - driver/concierge, 1- housekeeping, 1 -manager/hospitality, Total=3, assume 2 trips per day. Trips= 3x2=6

Guests - 40% occupancy, 2 rooms or 4 guests, 2 per car. Trips 8/2=4

Low Season Total = 6 + 4 = 10 trips per day

High Season - Typical Conditions_( 3 months out of year)

Employees - Multiple shift employees =l -driver/concierge, 1- housekeeping, 1 -manager/hospitality, Total=3, assume 2 trips per day. Trips= 3x2=6

Guests - 60% occupancy, 3 rooms or 6 guests, 2 per car. Trips 12/2=6

High Season Total= 6 + 6 = 12 trips per day

Our business is located directly on the RFTA trail and we are going to encourage our employees and guests to use the path for commuting into town. It is nearly faster to pedal from our location into town than it is to drive.

Thanks The Segal Family

--- ·- ~ .. 1::.:=.·-:

May :2_ 2007

Andy Schaller Garfield Countv Environmental Health 108 8th Street. Suite 201 Glenwood Springs, CO 81601

Re: Lodge at the Roaring Fork ISDS HCE Project Number 2061009.00

Dear Andy:

The following letter is to confirm the engineer's acceptance of the designed septic system of the Lodge at the Roaring Fork on County Road 106. The design included a 2.000 gallon septic tank, and 77 infiltrator units. All of the inspection wells, infiltrators, manifolds. and cleanouts were inspected and were installed satisfactory, and can be seen on the as-built drawing.

The system has been completed with the intent of the original design.

If you have any questions, or need additional information, please contact us.

Sincerely,

15 ! - Bi;1kt . .:..venue, Suire IO l Gienvvoud Spnn::.:s. CO ,') 160 J

Q""'."(1• C!.:J5.8h -:-1-i phone 9-:-n.~i45_..;_5 __ ; t:lX

">\'VJ\\'. hceng. u llll

2007

14 Inverness Drrve East, Suire F-120 Englewood, CO 8011.::

30.).925.0544 phone .lli.l.925.US4....., fax

Garfield County Commissioners August 13, 2007

This is in response to the application for change of use at 0635 County Rd. I 06 from residential to a commercial lodge.

We have many concerns about this change in use. It is already having a large impact upon our residential property. Since Garfield County does not require a solar access assessment it has allowed the addition to block the winter sun from one of our residences and this not only lowers the quality of life but increases our energy costs to heat the residence. I mention this because this is an example of the collateral damage that is unforeseen and we want to mitigate as much of this as possible. I am here to protest the change of use. This is creating something that will inevitably have impact upon our residences. The septic system for this remodel was installed directly uphill from one of our residences, another collateral impact which no one really knows how it will eventually affect us. If this change of use were to be allowed the following are some of our concerns. Noise due to parties, weddings and the like, we all know that people on vacation are much more likely to live it up and party without any concern for the neighbors. Lighting can be an issue since guests will need more light than someone familiar with the property that lives there full time. So how do you screen our residential property for noise and light impact? Will there be enforceable restrictions on this noise and light impact? The traffic on the road and on the property of a commercial lodge is considerably more than an average residence and it is an obvious impact to us. The proposed lodge appears to be too close to the road and I wonder about this increased traffic and the danger of the road. Then, there is the need for increased parking for this increased use. Much of the advertising I have seen for this lodge has been for its use as a place of assembly- weddings, parties etc. This is not compatible with a residential area.

We like Mr. Segal and he has been great to discuss things with, but as always things change and we wonder about the next owners. Once the property is changed to a greater use we are stuck with it as neighbors. As I mentioned before, vacationers do not care about neighbors like full time residents do. How do you enforce civil behavior? For this change to increased use is there a maximum occupancy for a lodge? How are we protected from even more increased use such as a swimming pool or a lower patio for guests to party and make noise? What other uses could be possible once this kind change of use would be granted?

I understand that one of the most common reasons for a change of zoning is that the area has demonstrated a change of use. I ask what has changed in this neighborhood? Nothing, it has remained the same since 1964 that I know of. As you see, you are voting on something that can and will affect us in many ways that are unpredictable

and uncontrollable, for us this is very serious and without thorough and enforceable restrictions we feel this is too much of a change for our quality of life.

Sincerely,

OFFICE OF THE STATE ENGINEER Form No.

GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581

WELL PERMIT NUMBER -----"66"'0'-'1'""1 ___ -~F __

APPLICANT

RICHARD & LINDA SEGAL 110 EASY STREET CARBONDALE, CO 81623-

DIV. 5 WD38 DES. BASIN MD

APPROVED WELL LOCATION GARFIELD COUNTY SW 1 /4 NW 1 /4 Section 28 Township 7 S Range 88 W Sixth P.M.

DISTANCES FROM SECTION LINES

2645 Ft. from South Section Line 4420 Ft. from East Section Line

EXST

(970) 963-5806 UTM COORDINATES (Meters,Zone:13,NAD83)

CHANGE/EXPANSION OF USE OF AN EXISTING WELi Easting: Northing: ;=.'----·"-'-"'-"='-'"--=-=~-'~="--=~-=======" ~ ------- -'------------"----------

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 this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.

2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402·2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Ru!e 18.

3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #519.

4) Approved as a well on a tract of land of 4.1 acres described as that portion of the SW 1/4 of the NW 1/4, Sec. 28, Twp. 7 South, Rng. 88 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 0635 County Road 106, Carbondale, co 81623.

5) Approved for the installation of a pump in, and the use of, an existing well, constructed on May 20, 1993, under permit no. 169221 (canceled). Issuance of this permit hereby cancels permit no. 169221.

6) The use of ground water from this well is limited to drinking and sanitary facilities for a commercial business (Bed & Breakfast), the irrigation of not more than 6,000 square feet (0.14 of an acre) of gardens and lawns. AU use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Segal Well.

7) The pumping rate of this well shall not exceed 15 GPM.

8) The average annual amount of ground water to be appropriated shall not exceed 1.296 acre-foot (422,302 gallons).

9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.

10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant.

11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the wen owner (recorded at least annually) and submitted to the Division Engineer upon request.

NOTE: Canceled permit no. 169221 was previously issued for this well. ,,/)-- ·~ 7~ NOTE: Parcel Identification Number (PIN): 23-2393-283-00-013 /

NOTE: Assessor Tax Schedule Number: R011534 (totaling 4.1 acres) () 7. /·:f? .. ~ .-;:?,-:,? 6

APPROVED DMW

Receiot No. 9502767 By

EXPIRATION DATE 07-18-2008

Form No.'

GWS-25

OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581

WELL PERMIT NUMBER --~66=0~1~1 ___ -_,_F __

APPLICANT



APPROVED WELL LOCATION GARFIELD COUNTY SW 1 /4 NW 1 /4 Section 28 Township 7 S Range 88 W Sixth P.M.



EXST

(970) 963-5806 UTM COORDINATES 1Meters,Zone:13.NAD83)

CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing:



2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.


4) Approved as a well on a tract of land of 4.1 acres described as that portion of the SW 1/4 of the NW 1/4, Sec. 28, Twp. 7 South, Rng. 88 West, 6th P .M., Garfield County, more particularly described on the attached exhibit A. Further identified as 0635 County Road 106, Carbondale, co 81623.


6) The use of ground water from this well is limited to drinking and sanitary facilities for a commercial business (Bed & Breakfast), the irrigation of not more than 6,000 square feet (0.14 of an acre) of gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Segal Well.





11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.

NOTE: Canceled permit no. 169221 was previously issued for this well. /JL- ?t...._ ~ NOTE: Parcel Identification Number (PIN): 23-2393-283-00-013

NOTE: Assessor Tax Schedule Number: R011534 (totaling 4.1 acres)

APPROVED DMW

Receipt No. 9502767 DATE ISSUED 07-18-2007 By


OFFICE OF THE STATE ENGINEER Form No.

GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581

EXST

WELL PERMIT NUMBER --~6=60~1~1 ___ -~F __

APPLICANT



APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 28 Township 7 S Range 88 W Sixth P.M.


2645 Ft from South Section Line 4420 Ft from East Section Line

UTM COORDINATES (Meters,Zone: 13,NAD83) (970) 963-5806 CHANGE/EXPANSION OF USE OF_.~A~N,~E0"X=IS~T~l~N=G~W"-=E,,L,L=-____ E_a_s_tin_g_: ______ N_o_rt_h_in_g: _____ ____



2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, un(ess approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.

3) Approved pursuant to CRS 37·90·137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #519.

4) Approved as a well on a tract of land of 4.1 acres described as that portion of the SW 1/4 of the NW 1/4, Sec. 28, Twp. 7 South, Rng. 88 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 0635 County Road 106, Carbondale, co 81623.


6) The use of ground water from this well is limited to drinking and sanitary facilities for a commercial business (Bed & Breakfast), the irrigation of not more than 6,000 square feet (0.14 of an acre) of gardens and lawns. All use of this well will be curtailed unless the waler allotment contract or a plan for augmentation is in effect. This well is known as Segal Well.


8) The average annual amount of ground water to be appropriated shall not exceed 1.296 acre.foot (422,302 gallons).



11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the wen owner (recorded at least annually) and submitted to the Division Engineer upon request.

NOTE: Canceled permit no. 169221 was previously issued for this well. ? ~ 7-'\..../"· NOTE: Parcel Identification Number (PIN): 23-2393-283-00-013 /

NOTE: Assessor Tax Schedule Number: R011534 (totaling 4.1 acres) ('.) 7., /. ~9 .. ~ r.7,-:-1 6

APPROVED DMW

Receiot No. 9502767 By


Form No. GWS-25

OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581

WELL PERMIT NUMBER --~66~0~1~1 ___ -~F __

APPLICANT



APPROVED WELL LOCATION GARFIELD COUNTY SW 1 /4 NW 1 /4 Section 28 Township 7 S Range 88 W Sixth P.M



EXST

(970) 963-5806 UTM COORDINATES (Meters,Zone:13,NAD83)

CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing:



2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.


4) Approved as a well on a tract of land of 4.1 acres described as that portion of the SW 1/4 of the NW 1/4, Sec. 28, Twp. 7 South, Rng. 88 West, 6th P .M., Garfield County, more particularly described on the attached exhibit A. Further identified as 0635 County Road 106, Carbondale, co 81623.


6) The use of ground water from this well is limited to drinking and sanitary facilities for a commercial business (Bed & Breakfast), the irrigation of not more than 6,000 square feet (0.14 of an acre) of gardens and lawns. All use of this well will be curtailed unless the waler allotment contract or a plan for augmentation is in effect. This well is known as Segal Well.




10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant

11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of a!I divers·1ons must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.

NOTE: Canceled permit no. 169221 was previously issued for this well. F-~ ~ NOTE: Parcel Identification Number (PIN): 23-2393-283-00-013

NOTE: Assessor Tax Schedule Number: R011534 (totaling 4.1 acres)

APPROVED DMW

Receiot No. 9502767 DATE ISSUED 07-18-2007 By


Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203

* OWNER'S NOTICE OF CONSTRUCTED WELL * Const1uction of my well under Permit No. was

completed on ' (month) (day) (year)

The well was constructed by: (drilling company)

If the pumping equipment has been installed .........

The pump was installed in my well by: (pump company)

on '

(month) (day) (year)

·•

Signed:

Date: Phone:

The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR

the well may be constructed and/or the pump may be installed by the well owner if the well is constructed and/or pump is installed using equipment owned and operated by the well owner and the well is constructed on his/her own property for his/her own use ("private driller"/"private pump installer"). Work reports must be submitted to the Division of Water Resources m accordance with Rule 17 of the Water Well Construction Rules.

Form No. GWS-2 6/2006 STATE OF COLORADO

DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER

821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589

NON-EXEMPT

WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2)

Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid.

THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT

The well permit number is located in the upper right corner of the permit, and the expiration date is located in the lower right corner.

THE WELL PERMIT EXPIRATION DA TE IS ONE YEAR FROM THE DA TE ISSUED. Evidence of well construction and pump installation must be received on appropriate forms PRIOR TO THE EXPIRATION DATE OF THE PERMIT. The required forms are the Well Construction and Test Report (Form No. GWS-31), and the Pump Installation and Test Report (Form No. GWS-32). There are penalties if evidence of well construction and pump installation is not received prior to the expiration date. The licensed contractor or well owner (under the private driller or pump installer statutes and rules) performing the work is responsible for completing the appropriate form{s) and submitting it to the Division of Water Resources.

The expiration date of the permit may be extended one time only for a period not to exceed one year for good cause shown, at the discretion of the State Engineer. If an extension of time is necessary to construct the well and/or install pumping equipment the owner must file a written request for the extension, along with a $60 filing fee. The request and fee must be received by the State Engineer prior to the expiration date. The request must state why the well has not been constructed and/or pumping equipment installed, and must include an estimate of time required to construct the well and/or install pumping equipment.

Water well construction and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is illegal for individuals who do not hold these licenses to construct wells and install pumping equipment in or on wells. The well must be constructed and pumping equipment installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet.

You have been provided with at least one copy of the well permit. Keep a copy for your records. At least one copy has been sent to the well driller if you indicated a driller license number on the application. You may make additional copies for the well driller if you select one different from the one indicated in your application.

The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Use Form No. GWS-11. There is no filing fee.

If you have questions, contact the Denver Office, or the Division Office in the area where your well is located.

Division 1 Division 2 Division 3 Division 4 810 9~ St., Ste. 200 310 E. Abriendo Ave Ste B 301 Murphy Drive 1871 East Main St. Greeley, CO 80631 Pueblo, CO 81004 Alamosa, CO 81101 Montrose, CO 81401 (970) 352-8712 (719) 542-3368 (719) 589-6683 (970) 249-6622 Fax (970) 392-1816 Fax (719) 544-0800 Fax(719)589-6685 Fax (970) 249-8728

Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio 1313 Sherman St. Rm. 818 Glenwood Spgs CO 81602 505 Anglers Dr. Suite 101

Ste. 205 Denver, CO 80203 50633 U.S. Hwy 6 & 24 Steamboat Spgs, CO 80477

Durango, CO 81301 (303) 866-3581 Glenwood Spgs., CO 81601 (970) 879-0272 (970) 945-5665 Fax (970) 879-1070 (970) 247-1845 Fax (303) 866-3589 Fax (970) 945~8741 Call First Fax (970) 259-0944

Parcel Detail Page 1 of3

Garfield County Assessor/Treasurer

Parcel Detail Information

Assessm/D:rnsnrerPropt,'.r\ySt,'.arQb I Assessor Subset Query I AssessoLSiiles Search Clt!rk&_Rernrdt;LRe~J!PtionS~ar~h

Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs

I TaxArea II I 011 11

Account Number II Parcel Number II Mill Levy I R011534 II (239328300013) II 63.377 I

Owner Name and Mailing Address

jSEGAL, RICHARD M & LINDA I j0635 COUNTY ROAD 106 I jCARBONDALE, CO 81623 I

Legal Description

jsECT,TWN,RNG:28-7-88 DESC: LOT 5&11

IL YING s OF DRGW ROW & N OF ROAR.

jFORK RIV BK:0486 PG:0833 BK:l627

jPG:633 RECPT:660935BK:1121 PG:949

jRECPT:542888 BK:0799 PG:0530

jBK:0794 PG:0729

Location

I Physical Address: 635 106 COUNTY RD CARBONDALEj

I Subdivision:

I Land Acres: 4.1

I Land Sq Ft: 0

I Section II Township II Range I

I 28 11 7 11 88 I

http://www.garcoact.com/ assessor/parcel .asp ?Parce!N umber=239328300013 2/1/2006

February 23, 2006

Jason Segal 110 Easy St. Carbondale Co. 81623

ATTN Jason Segal ·

On 2-22-06, a well test was conducted on a well at 0635 Ct Rd 106. The following information was obtained;

Well Depth------------------------------------- 70' Casing Size------------------------------------ (7 x 5)" Standing water level-------------------------- 42-11114' Total test time---------------------------------- 2 Hours Drawdown to ---------------------------------- 44-1' Production is ---------------------------------- 15 GPM

This test was conducted with 3/4Hp pump. The well water level recovered back to 43-0 in 2 Minutes. If you have any questions please call me, Raun Samuelson at 970-945-6309.

Sincerely;

Raun F Samuelson Samuelson Pump Co.

P.O. Box 297 •Glenwood Springs, CO 81602 • (970) 945-6309 •Fax (970) 947-9448 IA!rtfAr .<\11.c;fAm .c; e .'lnfr::~.c; 8Arvir.A & f nsfa fla f;o n

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ASPE N C.<!£STEO B UTTE

P.O. BOX 2 I 55 P.O. BOX 3086

ASPEN, CO 8 I 8 I 2 CRESTED BUTTE, CO 61 224

970-925-67 27 970-349-5355

FX: 970·925·4 I 57 FX: 9 70-349-5358

i. Gllen I oo S~rin~s, ~O. r16P1 ! i

Rk: Cranl aJd J.bJleslDitl h ~ L~dg~ on th~ Ro~ring Fork- Construction Approval I I I 1

1 ' 'i ! I I I 1 I I i ' Olar Sco,tt:

' I I i I ' ' i I SGM ha~ reyie"".ed your third submittal which was received today. The drawing titled "0635 CR 106 Irrigation Ditch Culvert· Plan" dated 2-21 -07 was reviewed on account of the primary ditch owners. 'Please ]let this leMr serve as construction approval once the following items have been

I I ! ' !

aadrE1sse~ : I ! : . ; , I I I I ' .. ' i

I 1. Provi~e J co~y o~.th~ Bara-Kade installation documentation . I 2.I Provide a PDF copy of the c~nstruction drawings stamped by a professional licensed 1 engineer'

3. T~e ~ppl(cant-needs to submit a construction schedule for the improvements 4. The applicant may need to provide security for the construction with the Ditch owners.

Please contact Jason Miller with Aspen Glen 274-4984

During construction please call me if any questions arise or if there is a substantial change in the project. When construction has been completed High Country Engineering will need to certify to the ditch owners spelled out in the agreement that the project was constructed as was approved and SGM needs to do a final inspection of the improvements before the ditch has been turned on_.

If you have any questions, please call or e-mail [email protected]

Sincerely,

SCHMUESER GORDON MEYER, INC.

Chris Lehrman, E.I. Design Engineer

Cc: Jason Segal , Applicant - e-mail Jason Miller, Aspen Glen - e-mail RFWSD Staff - e-mail

1:\1996\96059\A-79 - Lodge on the R.F\Correspondance\L 2-27-07 Scott Gregory.doc

CRANE AND PEEBLES DITCH MODIFICATION AGREEMENT

This Agreement is between Aspen Glen Golf Club Management Company, Aspen Glen Golf Company, The Homeowners' Association at Aspen Glen, the Roaring Fork Water & Sanitation District (collectively the "Ditch Owners") and Richard and Linda Segal of The Lodge On The Roaring Fork (the "Segals"). This Agreement will become effective on signing by all parties.

Jason Segal, the representative of the Segals who own the property located at 0635 CR 106 legally described on Exhibit A attached hereto, has asked the Ditch Owners to approve the installation of certain modifications to the Crane and Peebles Ditch. The modifications are the addition of approximately!50 feet of pipe and approximately 200 feet of liner (collectively, the "Ditch Modification Work").

The Ditch Owners hereby grant approval for the Ditch Modification Work proposed by Jason Segal and the Segals, subject to the satisfaction of the following conditions precedent: (I) Prior to the commencement of any Ditch Modification Work, Segals shall provide Schmueser Gordon Meyer, Inc., the engineers for the Ditch Owners, a detailed set of construction plans and specifications for the Ditch Modification Work to be prepared by High Country Engineering, Inc., or some other professionally licensed engineer in the State of Colorado. Such plans and specifications shall include an estimate by the engineer of the total cost of the Ditch Modification Work. (II) No Ditch Modification Work shall be commenced or undertaken until Schmueser Gordon Meyer has approved the plans and specifications for such work, including the size and quantity of all materials to be used in the Ditch Modification Work. Furthermore, the Ditch Owners reserve the right to require that Segals provide security with the Ditch Owners to assure that once commenced, all Ditch Modification Work shall be completed in a timely manner and in accordance with the approved plans and specifications. (III) No Ditch Modification Work shall be commenced except upon a schedule of such work which shall be coordinated with and approved by the Ditch Owners in advance. (IV) All Ditch Modification Work shall be constructed within the existing Crane and Peebles Ditch easement. In addition, Segals shall restore any surface area of the ditch easement which is disturbed by the performance of the Ditch Modification Work to its condition existing prior to the commencement of the Ditch Modification Work. (V) Segals shall pay all expenses incurred for or otherwise associated with the performance of the Ditch Modification Work, or restoration related thereto, including, the fees of Schmueser Gordon Meyer in reviewing the plans and specifications. (VI) Upon completion of the Ditch Modification Work, High Country Engineering or some other Colorado licensed professional engineer shall certify to the Ditch Owners that the Ditch Modification Work has been completed in accordance with the approved plans and specifications.

For good and valuable consideration, the receipt of which is hereby acknowledged, the Segals, on their behalf and on behalf of their heirs, successors and assigns, hereby agree: (I) That from and after the commencement of the Ditch Modification Work which is authorized by this Agreement, they shall be solely responsible to perform, at their expense, any maintenance upon or repair or replacement of the materials installed by the Ditch Modification Work. (II) to indemnify and hold harmless the Ditch Owners from any claims or liability for damages, costs or expenses arising or in any way related to injury to any person or property in, about and in connection with the Ditch Modification Work and/or the maintenance thereof as authorized and required by this Agreement,

Crane and Peebles Ditch Modification Agreement Aspen Glen Golf Club Management Company/The Homeowners Association at Aspen Glen/Roaring Fork Water & Sanitation District/Richard and lind11 Segal a/The Lodge on the Roaring Fork Page 1 o/2

and CTII) to waive any and all claim for reimbursement from the Ditch Owners or anyone else in connection with the proposed Ditch Modification Work or the maintenance thereof.

Nothing in this Agreement is Intended nor shall it be construed 10 grant to Segals an ownership interest or a right of use in and to tho Cl'llllo and Peebles Ditch or In the water or water rights d"reed thereto. The obligations of Segals set forth in this Apmont shall constiiute a burden upon the real property owned by Segals and upon the complete execution of this Agroc1t1ent It shall be recorded in tho real esWO records of GarJleld Collllty, Colorado.

Thi• Agreoment may be executed in one or more c:ounterpa.rls, all of which when taken together shall constitute one and the same original. ·

IN WITNESS WHEREOF, the parties hereto have sisned this Agreement the day and year set forth opposite their respective sisnatures.

ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY

bate: II/.~ .. / o l.

THE HOMEQWNERS' ASSOCJATION AT ASPEN GLEN

~:;.fjj$~1:u-Tit1e: E "iJ

. 1 • 4-/d, .. Date: ·------

D~: JI ) .., I 0 (,,.,, I

Cran• and Pe~hle> Ditch Modificalion AgreL'mtml . Aspen Glt!>I Go!f Club Management Company/The Homeawn= As.mclation al Aspen Glen/Roarini; Fork Water & Sanitation District/Richard and Linda Segal ofThe lvdge on the Roaring Fork f'oge 2 o/2 .

' ecej\)t jo348545

I ~,.-

1169221 r armit Number , . I . Division _____ ,Js .. City :I SARASOTA

I Permit Suffix

Permit Replacement :

Date Received 101127/1993 I ~ I Permit Status !Well permit issued.

..

I

.. .. .. ..

-.. .... - ..

'

..

~ Interim Status Jchange in ownership accepted and updated.

I rw. I

Interim Date

Water District

Designated Basin

;101/27/1993 . -- - - .. - ··~ ,,,,-- , .. ;j3a . . ..

I Management Districf

I Name lsEGAL .RICHA~D & LIN~,l\

I Address 1 J!.933 P!N~~~_OVE _~T -Ii Address 2 i

.. . ·-

I City '!SARASOTA

~ State :I FL

I Zip ·134238-

I Aquifer 1 !ALL UNNAMED AQUIFERS

I ---------· Aquifer 2

··-------------I Subdivision

I Lot

I !Fi I

Block -

Filing

Use 1

I Use 2

I Use 3

Yield (gal/min)

l . ; ;

! --- ;

I i .!HOUSEHOLD USE ONLY

..

-

-

·····

I --· :j 1s -- ..... --·*·•·--·- · ··· --~· ···---· ···-·-

I Depth (feet) ,166 .. -I Level (feet) ,140 .. . .

·1 Meridian ijs ..

I Township 17

jTownship Ha!{

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f ro~ns~i-~ Dir _ . .-1.~ . __ .. ................ .. - -· ,, _____ , ........ -.. -.. --- · ·-·······"'···

f Range '.laa I

jRange Half

!Range Dir i i~ .. .... ..

I section - 12a

I Section Half 1 atr 1 so---·-- 1INw i jatr 40 ;lsw J I

latr 10 . !~ov-rd_s_N..._S-(f-ee-t)--· 1 2645

lcoords NS Dir rs--·--l ~~d;EW(feet) 14420 ----- - ----

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State Boundary

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Note: Section Lines shown on this quad were derived from SLM GCDB data developed by cadastral Survey.

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4562 I SW

SCALE 1:24 000 I ~ 0 I MILf. E.~.1- I E--+3 e;+3 j --- · - - · :- .; - - - :

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CONTOUR INTERVAL 40 FEET DOTTED LINES REPRESENT 20-FOOT CONTOURS NATIONAL GEODETIC VJ'"l:>Tll'A 1 n.1>T11"-' f"\ c- •

Legend • /\/ Road (Motorized Route} # ~ #

/\/ Trail (Non-Motorized Route) imaa

N County Road

N. Highway

/\I Interstate · · Y Administrative Access

N Public Access

.NVV

tt-U-

Planning Area Boundary

Boundary of Motorized Closure Areas

Boundary of Area of Critical Environmental Concern Boundary of Wilderness Study Area

Surface Ownership BLM

;{ ;0 Bureau of Reclamation - Department of Energy !!.WITT National Forest ".,.. ... ,. Private Lan~

State Land

Boundary of Areas in ·. •;:;.:. Conservationists•

Wilderness Proposal

Ri ta' b)

2393-331-00-012

2393-282-00-010

2393-283-00-015

2393-283-00-024

2393-282-00-009

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Property Owners

~ . SECURITY TITLE GUARA.'ITY CO.

) 7600 E. Orchard Rd, Suite 200 N

Greenwood Village, CO 80111 Phone: (303) 784-7200

Fax: (303) 792-3715 Thank you for giving us the opportunity to provide your closing am/ settleme11t services

DELIVERY TRANSMITTAL

DATE: February 14, 2007 FILE NO.: S0191850, Amend. No. 3 I 800624 PROP. ADDR.: 635 County Road 106, Carbondale, CO 81623 OWNER/BUYER: I Linda Segal and Richard M. Segal and Rebecca A Segal and Jason J. Segal

Below is a list of clients to whom the attached materials have been delivered. Should you have any closing questions regarding these materials, please contact Security National Real Estate Services at the above phone number.

If you should have any title questions, please contact title operations at (303) 784-7200.

Please review the attached materials carefully.

Please Deliver To The Customers Listed Below:

TO: Security Title Guaranty Co. Security National Real Estate Services 7600 E. Orchard Rd Suite 200 N Greenwood Village, CO 80111

D If checked, supporting documentation enclosed

TO: Oxford Mortgage Corporation 8101 E Prentice Ave #M250 Greenwood Village, CO 80111

If checked, supporting documentation enclosed

ATTN: Tiffiny Kiefer PHONE: (303) 784-7200 FAX: (888) 693-2405 E-MAIL: [email protected] DELIVERY:

ATTN: PHONE: (303) 221-9022 FAX: (303) 221-9024

E-MAIL NO. OF COPIES: 1

E-MAIL: [email protected] DELIVERY: E-MAIL

NO. OF COPIES: 1

02/14/2007 2:52:08 kra LDD

STANDARD

COMMITMENT FOR TITLE INSURANCE

ISSUED BY

Security Title Guaranty Co. AS AGENT FOR

First American Title Insurance Company

INFORMATION

File No.: 80191850, Amend. No. 3

The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy.

The Company will give you a sample of the Policy form, if you ask.

The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy.

The Commitment is subject to its requirements, Exceptions and Conditions.

THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.

AGREEMENT TO ISSUE POLICY

First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security Title Guaranty Co., referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A.

If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.

Our obligation under this Commitment is limited by the following:

The Provisions in Schedule A.

The Exceptions in Schedule B-2.

The Requirements in Schedule B-1.

The Disclosures and Conditions contained in this Commitment.

This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.

Ol/14/2007 2:52:08 kra LDD File No.: 80191850, Amend. No. 3

CONDITIONS

I. DEFINITIONS

(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" n1eans title records that give constructive notice of matters affecting the title according to state law where the

land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real

property.

2. LATER DEFECTS The Exceptions in Schedule B - Section 2 n1ay be amended to sho\v any defects, liens or encun1brances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B -Section I are met. We shall have no liability to you because of this an1endment.

3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Com1nitment Date are not shown in Schedule B, we may amend Schedule B to show them. lfwe do amend Schedule B to show these defects, liens or encumbrances, \Ve shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.

4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitn1ent, when yOu have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Comn1itment when you acted in good faith to:

• comply with the Requiren1ents shown in Schedule B - Section 1 or eliminate \Vith our written consent any Exceptions sho\Vll in Schedule B - Section 2.

We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you.

5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms.

DISCLOSURES

GAP PROTECTION

When this Company Conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such tin1e of recording or filing.

MECHANIC'S LIEN PROTECTION

If you are a buyer of a single family residence you n1ay request mechanic's lien coverage to be issued on your policy of insurance.

If the property being purchased has not been the subject of construction, in1prove1nents or repair in the last six months prior to the date of this commitn1ent, the requirements will be payn1ent of the appropriate premium and the completion of an Affidavit and Indemnity by the seller.

If the property being purchased \Vas constructed, itnproved or repaired \Vithin six n1onths prior to the date of this com1nitment, the requirements may involve disclosure of certain financial infonnation, payn1ent ofpremiun1s, and indemnity, among others.

The general requirements stated above are subject to the revision and approval of the Company.

SPECIAL TAXING DISTRICT NOTICE

The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor.

PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer, or

are required by la\v, See attached Privacy Policy of Mercury Companies Inc. and Security Title Guaranty Co.

CONSUMER DECLARATION STATEMENT

This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate O\vner's permission. You n1ay be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask your title company representative for assistance with this issue.

02/14/2007 2:52:08 kra LDD File No.: 80191850, Amend. No. 3

i11 c .

Privacy Policy of Mercury Companies, Inc. And Security Title Guaranty Co.

We Arc Committed to Safeguarding Customer Information

In order to better serve your needs now and in the future, you have provided or will provide us with certain infom1ation. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize personal information you provide to us.

Applicability

This Privacy Policy governs our use of the information that you provide to us. ll does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity.

Types oflnformation

Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

• Information we receive from you on applications, fom1s and in other communications to us, whether in writing, in person, by telephone or any other means;

• Information about your transactions with us, our affi liated companies, or others; and

• Information we receive from a consumer-reporting agency.

Use of Information

The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore, we will not release your information to affiliated and nonaffil iated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such inforn1ation may be used for any internal purpose, such as quality control efforts or customer analysis. Furthermore, we may also provide all the information we collect, as described above, to companies that perfom1 marketing services on our behalf, on behalf of our affi liated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

Former Customers

Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security

We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal info rn1ation about you to those individuals and entities that need to know that infonnation to provide products or services to you. We wi ll use our best efforts to train and oversee our employees and agents to ensure that your inforn1ation will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Securi!'Y Title Guaranty Co. ' 7600 E._ Orchard Rd, Suite 200 N . Greenwood Village, CO 80111 Phone: (303) 784-7200 Fax: (303) 792-3715

COMMITMENT SCHEDULE A

Commitment No: S0191850, Amend. No. 3

1. Commitment Date: January 19, 2007 at 8:00 a.m.

2. Policy or Policies to be issued: Proposed Insured: Policy Amount

(a) Loan Policy 1 $ 894,600.00

COUNTRYWIDE HOME LOANS its successors and/or assigns

(b) Loan Policy 2 $ 173,500.00

COUNTRYWIDE HOME LOANS its successors and/or assigns

3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by:

Linda Segal and Richard M. Segal

4. The land referred to in this Commitment is described as follows:

See Exhibit A attached hereto and made a part hereof.

(for informational purposes only) 635 County Road 106, Carbondale, CO 81623

PREMillM: Lenders Coverage COURIER FEE CLOSING FEE (2ND) FOUNDATION ENDORSEMENT

02114/2007 2:52:15 kra LOO

$1,200.00 100.00 180.00 240.00

Lenders Coverage E-DOC/E-NOTARY FEE E-DOC/E-NOTARY FEE (2ND) DATEDOWN ENDORSEMENT

$ 125.00 60.00 60.00

1,047 .00

02/14/2007 2:52:08 kra LDD File No.: 80191850,Amend. No, 3

Exhibit A

All that portion of Lots 5 and 11, Section 28, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying North of the Center of the Roaring Fork River and only that portion South of Highway 82 less all easements and right of way, County of Garfield, State of Colorado.


·Form No. 1344-B I (C0-88) ALTA Plain Language Commitment

SCHEDULE B - Section 1

Requirements

The following requirements must be met:

a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.

b. Pay us the premiums, fees and charges for the policy.

c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.

d. Provide us the "Affidavit and Indemnity" signed by the party or parties specified below and notarized:

Linda Segal and Richard M. Segal and Rebecca A Segal and Jason J. Segal

e. The following documents satisfactory to us must be signed, delivered and recorded:

I. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, Item 2 a.

2. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, Item 2 b.

3. Release of the Deed of Trust from Linda Segal and Richard M. Segal to the Public Trustee of Garfield County for the benefit of Vectra Bank Colorado NA to secure an indebtedness in the principal sum of $333,700.00, and any other amounts and/or obligations secured thereby, recorded October 4, 2004 at Reception No. 660936.


Form No. 1344-B2 (C0-88) ALTA Plain Language Commitment

SCHEDULE B - Section 2

Exceptions

Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:

1. Taxes and Assessments not certified to the Treasurer's Office.

2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.

3. Easements, or claims of easements, not shown by public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records.

5. 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.

6. Any and all unpaid taxes, assessments and unredeemed tax sales.

7. All restrictions, covenants, declarations, conditions, leases, agreements and mineral reservations of record, and any and all modifications thereof if any.

8. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power, telephone, or water lines, railroads, aircraft overflight paths and rights of way and easements therefore.

~SECURITY ~ r~.~R~~ CO.

7600 E. Orchard Rd, Suite 200 N Greenwood Village, CO 80 111

Phone: (303) 784-7200 Fax: (303)792-3715

Wire Funds To:

Bank: Address:

ABA#: Account Number: Account Name to Credit

WIRING INSTRUCTIONS US BANK

CENTENNIAL BANK 13700 E. ARAPAHOE RD ENGLEWOOD, CO 80112

107006981 2400603

Security Title Guaranty Co.

Please reference the following information; it will help us to identify your wired funds more rapidly.

Order#:

Property Address:

On behalf of:

Closer Name:

S0191850-

635 County Road 106, Carbondale, CO 81623

Linda Segal and Richard M. Segal and Rebecca A Segal and Jason J. Segal

Tiffiny Kief er

If there are any questions regarding these instructions, please contact a Closing Officer or a Closing Assistant at Security Title Guaranty Co.,.(303) 784-7200, Tiffiny Kiefer

****************PLEASE NOTE**************** Wiring funds to ANY account other than the account number listed above will result in the wire being returned or r ejected which could delay a closing or disbursement of funds.

1111 ·~ l"ii-.IM rt'~ Mil M ~~(~~-· ~.M\~ 11111 Reception#: 718882 03/1~/2007 01:35 :20 PM 8 : 1902 P :0085 Jean Alberico 1 o f 2 Rec Fee : $11 . 00 Doc Fee : 0 00 GARFIELD COUNTY CO

QUIT CLAIM DEED

1: l-4\ . -::.e• . _ -/-cPl THIS DEED , Made thil/-'IV' \day of \ l°J f C!(i i between

Linda Sc:al and Richard M. Seen!

County of Garfield and State of COLORADO, grnntor(s), end

Linda Sei::al, Rkhard M. Sqal, Jnson J. Segal and Rebecca A. Segal

whose legal address is 635 county Road 106, Corl:londale, CO 81623

County of Gorficld, State of COLORADO, grantce(s);

WITNESS, That the grantor(s), for and in coJLc:iderntion of the sum of Ten end No/100 DOLLARS (S I0.00), lhe receipt &nd sufficiency of which is hereby confessed and acknowledged, bas remised, released, sold and QUIT CLAIMED, 1111d by these prcr.cr.ts doe~ remise, release, sell, and QUIT CLAIM unto the grantce(s), not in lennncy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever all the right, title, interest, claim and demand which the said grantor(s) has in and ro the following described Iot(s) or parcel(s) of land, situa:e, lying and being in the County of Garfield, and State of COLORADO descnocd as follows:

See Exhibit A attached hereto end made u purt hereof.

also known by street and number ns 635 County Rond 106 Carbondale, CO 81623

TO HA VE AND TO HOLD the some, together wi1h all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right. title, interest, and claim whaL~oever, of the said grantor(s) either in low or equity, unto spid grantee(s), the survivor of them, their assigns. and the heirs and n.~signs of such survivor forever.

The singular number shall include the plural, the plural the singular, 1111d the use of any gender shall be applicable to all genders.

IN WITNESS WHEREOF, the grantor{s) hos hereunto set his hand Bild seal the date set forth above.

ST A TE OF COLORADO COUNIY OF Garfield

}ss:

Tho ""ogo;og ;,,,~m"' ~G ooknowlolgoJ bof~o mo fu;d_':f_ ~~~ II by Rkhnrd M. Segal nnd LmdD Sega l m. , ~ .,.

.. I Witness my hond and official seal.

My Commission expires:

\'\"''"'!''' ' ,\· ' ''\ ... .1 N ,. '"·.- · .. .... . "'\ u .. , :;:.· v ....... .. .. : ,·· .

kely Norton, Notary PubWe Ctate of Co'. c1ad0

My Commiask>n Exp:res 91212008

.. 'v .. ·· ··.;"" : ..... (1,r.. •"'•~,, !> "< .... .:

. : '-"'v'l-k...'.: L- . -; ~ . - - ~f L-: ~_.. ...... . . • I) a.Cl-. .

_., \ i ""&1. ~.,.,. ... 'O . " ' ~t;I~ ~, : ~·~· · ...... ,,. ... '-./ ...

· ... ;;,_r;i~ co\~J .,' . ,.t,,,,..,., t, ,, p · ! ' \ '

QCD_JT Quit Cloiin Deed Joint Tcnonts

v.:;~r ~ Security T itle

File No. 50191850

Att~l~

*II

02/1_412007 2:52:08 kra LDD File No.: SOJ918SO, Amend. No. 3

1111~11/i,o,~'\Dtl~r.lP,M.ltlt"W~ it\~Mll 11111 Reception~: 718882 03/1312007 01 :35:20 PM 8:1902 ?:0086 Jaan Alberico 2 of 2 Rec Fee:$11.00 Doe Fee:0.00 GARFIELD COUNTY CO

Exhibit A

All that portion of Lots 5 and 11, Section 28, Township 7 South, Range 88 West of the Sixth Principal Meridian, lying North of the Center of the Roaring Fork River and only that portion South of Highway 82 less all easements and right of way, County of Garfield, State of Colorado.

Documents

RECE:IVED - Garfield County, Colorado · GARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: