HomeMy WebLinkAbout1.0 ApplicationApr -03-98
02:OOP Stella Archuleta
APPLICATION
Special Use Permit
Submittal Date:
970-945-7785
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone. 470.04 5.82 l2 Facsimile: 970.945.7735
eact
Base Fee: $400
Applicant: _Da' '2 Si r, c1 t iret i), as /ticcrt15 Crete()
Address of Applicant: i36X (61c16-; A0501 -1-,C0 SJ6 2-1 c
Telephone' PI %- /2.7
Special Use Being Requested: 4
te c),-, .3y
Zone District: /v6 5�Aon 3.5
s•cs to of 6
'�•� 550,E 0-7,0a//1 aro--
Ae-oi ,41€,e.
Size of Property:
5.56v P-45
P.01
Application Requirements: These items must be submitted with the application
dans and specifications for the proposed use including the hogs of operation,Nhe amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, nd the sizy of any existing or proposed
structures that will be utilized in conjunction with the proposed use.l Please submit this information
ip narrative form and be specific.
Mf you will be using water or will be treating wastewater in conjunction with the proposed usease
detail the amount of water that would be used and the type of wastewater treatmentjf you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
0.1) sypply information,
leincluding a water allotment contract or an approved water augmentation 2
k�( map drawn to sca`por� �y`ltrgy8ttr property the property, d the County or State
roadways within one (1) mile of your propertyj(4 u are proposing a new or expanded access onto
a ounty or State roadway, submit a driveway or highway access permit.
I vicinity map, showing slope of your property, 4'which a U.S.G.S. 1:24,000 scale quadrangle map
wi 1 suffice.
copy of the appropriate portion of a eld County Assessor's Map showing all public and private
landowners adjacent to your property clualLali of all prope owners and their addresses.
Attach a copy of the deed and a legal descriptionf tfie property. you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
I A his/her behalf.
1/1 For all applications pertaining to airports, the oil and gas industry, power generation and/or
1 transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this propos Special Use will require at least one (1) public hearing, for which public
notice must be provided laming Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Applicant: 7 ,�/q/qg
Date:
ifs .4544,b�/,n. 12 -4 -to, G�cu t
pp b. a f•
, ,1iv .3v `419(q 3 d (to 10
Special Use Permit Application
Submittal Date: 4/8/98
From: David and Sigrid Murray, Agents for Lester Crain
428 E. Sopris Dr., Basalt, CO 81621 927-9127
For: Accessory Dwelling
Zone District: Lot 8, Section 34 and
Lot 4, Section 35, Township 7 South,
Range 88 West of the 6th Prin. Meridian
Size of Property: 5.504 acres
1. Request 1000 s.f. 2 -bedroom apartment above separate
garage structure for rental to caretaker couple, with
two vehicles maximum accessing site on daily basis.
Building sketch attached; structurally engineered
architectural plans to be presented at public hearing.
2. Well water will be used, normal usage, permit attached.
Wisconsin Mound septic system will be used, appropriate
size for two-family dwelling (including main house).
3. Map of property enclosed. No structures on property yet.
Access is off County Rd. 100, down Blue Herron Lane
(servicing five other homes besides ours), to our
driveway. No expanded access onto County Rd. required.
4. Vicinity map attached showing slope, which is flat!
5. Assessor's Map copy enclosed showing adjacent landowners.
Addresses of adjacent landowners:
Lisa Carmichael
Box 445
Carbondale, CO 81623
W. Kent Jones
Box 132
Carbondale, CO 81623
Henry Hite
Box 155
Woody Creek,
High Country
Box 155
Woody Creek,
6. Deed and legal description of property
Power of Attorney from Lester Crain to
CO 81656
Starship Ltd.
CO 81656
attached.
Murrays attached.
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
RESIDENTIAL *(Note: You may also use this lan,, to apply tor livestack wateringI Water Well Permit- Application
Review instructions prior to completing form Must be completedin black ink or ed
tYP
1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries)
Name of applicant See instructions to determine usels) for which you may qualify --
Lf s er Cra.i n❑ A. Ordinary household use in one single-family dwelling
iMalghdr 11uLrrafn , As h) �( NO outside use)
Me�T66 Address pi B. Ordinary household use in 1 to 3 single-family
'Fib X. I S dwellings: a
Number of dwellings:
errr1� sore Zip code 1,4 Home garden/lawn irrigation, not to exceed 1 acre:
E? 5A I-- CO ?I (oZi area irrigated IDOL) sq. ft. ❑ acre
Telephone Number f I,de*re. code)
G'( -j 0 Iacia-i— CI la --7 cztDomestic animal watering -- (non-commercial)
2. TYPE OF APPLICATION (check applicable box(es)) 0 C. Livestock watering Ion farm/ranch/range/pasture)
X Construct new well 0 Use existing well 7. WELL DATA
❑ Replace existing well 0 Change / Increase Use Matbawap"n""pear°
0 Change (source) aquifer 0 Reapplication(expirad',sate) I5 gum I. D acre -feat
0 Other: Total depth Aqufe,
3. REFER TO (if applicable): 100 feet 13 /A
Water court ease # Permit a 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
.Septic tank / absorption leach field
Verbal # Monitoring hole acknowledgment i 0 Central system
-VE- MH- District name:
Well name ori 0 Vault
Location sewage to be hauled to:
4. LOCATION OF WELL 0 Other (attach copy of engineering design)
County_., i Quarter/quarter Quarter B. PROPOSED WELL DRILLER (optional)
Gr -di 5.. % 1J - % Nem•r� e tmmee number
Section Township N or S Range E or W Principal Meridien I yoki G�
34 1 0 LF gg 0 DI CiX(- 10. SIGNATURE of applicant(s) or authorized agent
Distance of well from section linesThe making of false statements herein constitutes perjury
S.:750S �/Sd ft from 0 N if 8 ISO ft. from tgiE 0 w in the second degree, which is punishable as a class 1 mis-
wmlmeanonaddress, ifd,NYin, from applicant oder= rah applicable) demeanor pursuant to C.R.S. 24-4104113)(a). I have read
CD‘ C 5 a LU, M-RP—o 1J LCUA"_f CRR3rnc h 11° the statements herein, know the contents thereof and state
For replacement wels only -distance and direction I,om old well le new well that they are true to my knowledge.
feet direction man beo.tad.ten^,.e1., fir
5. TRACT ON WHICH WELL WILL BE LOCATED �' r rL(.1/✓"Qa-� IpY IC/Y Lt,i n
A. You must check one of the following -see instructions rola U
Data
ifi Subdivision: Name 6005G-. CYC -EIC +k 19%
Lot no. ( (5 Block no. Filing/Unit OPTIONAL INFORMATION
0 County exemption lattach copy of county approval & survey) usg5maprome own map no. surfaceelV.
Name/no. Tract no.
❑ Mining claim (attach copy of deed or survey/ Office Use Only
Name/no. DIV
❑ Other (attach legal description to application)
CO
B. STATE PARCEL
ID# (optional): WD
C. # acres In tract D. Are you the owner of this property?
""
5. SOLI- OYES NO (lino . see detailed inst.) BA
E. VIII this be the only well on this tract?
YES 0 NO Ii other wells are on this tract - see detailed inst.) USE MD
MLlrrau5 close e„ nuon4-k, 61 z.31951
Form GWS -44 (11/95
MLlrrau5 close e„ nuon4-k, 61 z.31951
Form GWS -44 (11/95
.
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N 08 1998
EXHIBIT "A"
SPECIAL WARRANTY DEED
THIS DEED, made this 27TH day of N�OVEM3LR , 1995, between W. KENT
JONES and PRISCILLA D. " PROHL of the County of Garfield, State of Colorado,
Grantor(s), and PRISCILLA D. JONES, whose legal address is 0183 County Road 100,
Carbondale, Colorado 81623, of the County of Garfield, State of Colorado, 81623,
Grantee:
WITNESSETH, That the Grantor(s), for and in consideration of the sum of ten
dollars and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto the Grantee, her heirs and
assigns forever, all the real property, situate, lying and being in the County of Garfield,
State of Colorado, described as follows:
• Any and all water and water rights, structures and structure rights used upon, in
conjunction with or benefitting Lot 1, except existing well on Lot 1A, Goose Creek
Subdivision, County of Garfield, State of Colorado, including, but not by way of limitation,
the following specifically described water and structure rights, one-half ('/2) of the
Grantors' interest of 21.5 percent as follows:
GAF FIE.LD GouN fY
21.5 percent of the Grantors' interest in the Flynn Ditch Priority No.
273 water right, originally decreed for 3.2 cubic feet per second of
time in Civil Action No. 3017, on April 4, 1934, Garfield County Court,
with an appropriation date of November 1, 1888, which 'Grantor
acknowledges to be 0.70 cfs (21.5% would be 0.15 cfs);
B. 21.5 percent of the Grantors' interest in the Flynn Ditch Priority No.
314 water right, originally decreed for 4.8 cubic feet per second of
time in CMI Action No. 3082, on August 25, 1936, Garfield County
Court, with an appropriation date of November 1, 1890, which
Grantor acknowledges to be 1.06 cfs (21.5% would be 0.228 cfs);
C. 21.5 percent of the Grantors' interest in the Slough Ditch No. 1 and
Banning Lateral Priority No. 274 water right, originally decreed for
6.58 cubic feet per second of time in Civil Action No. 3017, on April
4, 1934, Garfield County Court, with an appropriation date of May 31,
1884, which Grantor acknowledges to be 1.10. cfs (21.5% would be
0.236 cfs); and
D. 21.5 percent of the Grantors' interest in the Slough Ditch No. 1 and
Banning Lateral Priority No. 309 water right, originally decreed for
42.68 cubic feet per second of time in Civil Action No. 3082, on
August 25, 1936, Garfield County Court, with an appropriation date
of May31, 1890 which Grantor acknowledges to be 12.8 cfs (21.5%
would be 2.75 cfs);
0
TOGETHER With all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim
and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above.
bargained and described real property with the appurtenances, unto the Grantee, his
heirs and assigns forever. The Grantor(s), for themselves, their heirs and personal
representatives or successors, covenant and agree that they shall and will WARRANT
AND FOREVER DEFEND the above -bargained real property in the quiet and peaceable
possession of the Grantee, his heir's and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under the Grantor(s).
IN WITNESS WHEREOF, the Grantor(s) have executed this deed on the date set
forth above.
W. Kent Jones
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The .foregoing instrument was acknowledged before me this gand. day of
u _ e,. , 1995, by W. Kent Jones. •
• •''Witnees.my hand and official seal.
' • cd+ilSt .bmmission expires I a q5
• r
LenfJh)k.
Notary Publw
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this .."7 day of
tUO1e'Y1 , 1995, by Priscilla D. Prohl. • ..
Witness my hand and official seal.
My commission expires 4
Notary
c
fur. 3. 19956-- 3:07Na—M.•—
WARRANTY DEED
THIS DEED, M.•ih;r 17th door July
B 97.w,eal Priaeille D. Jones
ales • Cent) of Qteftold
Colorado, Sanas end Lester Orstn
ted I k ed
Doc Fee 916,50
. wlpIgismo a usi;M' 1"1bb14A Srgj C
ry�gMOH1 "rEKal UM
el the Canon( Pitkin TO SUN W Okada, OWN
term/ism TNI the Snow, sir W In NnridaelNn NM. tomer
Ten dollar! andother goad and valuable consideration Ix9u.^ad'
the NNIS Yd MlfiehMyalvHat it h.nby eelnw%Wpd.hal pnlyd;hat tined,snld end molted, nhd hyllnn mem 00611 {mol, M.01t., NII,
INTO aMRAbm. unlnlhn canoe. bh Winerd soigne Nom ell thong max, wade:yen heeme nun, Noy, thaw, !Awl Nhls die
(Wulff Garfield ed Ilk ofCANNA d.wihd en (dun;
LOT 111, AMINO*D PLAT OF LO7 1, 00056 CREEK SUBDIYISION, ACCORDSNO TO
THE PLAT THEREOF PILED DECEI76ER 8, 1995 AT RECEPTSOH N0, 469206
COUNTY OF CANFIELD
STATE OP COLORADO
Nlev,rnbyievi.dnsentir 193 Blue Herron Lane, Carbondale, CO 61623
TOOITIIaR rlla 111 end ebAdll IN he%Orman And rpn,lsm,rn Ihrnln the spiry. ar h aa.i,e y,p.xdebp sed A, nwnbn at
IWIIAIpI. novas IM NnAindeh, rtnb, 41011 ted Mai Ilrner, and All tel sola. rbA4 Mlle, maNN, eImIN Iml dOn1I!d wY111M1e d IA!
InNM, *IOW he Ire a equity, !1,10 NW w IN tic begei,rd minks, NO MINuN41talfj edloNnetwm.
TO IIAY% ANO TO 1101,0 IIN old rodeo Out hryind.W dcmriWd, NIM Ihh IhfbIMefae. dole the VNear. bb Mn end sips
haws AO to yawn raeiweU.N,heln, NdpnINAINpMIaNlIIM1. keeeasn1l,xnn6l11uIa. adeyce le al .ieThe Waw. Els kW pad
Ullpne, Mau thedneetlhtIMeelinp ;WOE .ryefNue pNNA11, It Ilei NIS ofdwpnniNdebuleveue d.AN peed. sure,pdal,ebeedoa
Ied idcFuibheNee of i,e^Im,lnlw.inla Tusk, AMANI Oak) AOM.NIIremise WON TAWNY *Nine tupelo. ohele .n 'All eons
In mule end hell) a efaeuid, Id Mai ON Ilene DR AN And IIIN AAM HI Want is slit Enna, hruki. Nlel. fru. New a.woPn,lt.
send rights
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and ri hts of of record, OlG(ilPil�iil Bppp axes
for the year 1997, net yet due or payables.
9
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7ecSUNwr,h0 end EMI WANAArfr ANoraaavESUEIEND the rhrol.tafpeindmodN In Se quill N yenhk pa¢sewneflh Sellae,
WINO INUtgN,epinel elland every "NuerpnengwNllyebil UEl nuabHN Ieyp1Nllcnef. TAgIneuIeMAbelblllircIdelheplural,
IM phut the !lapel.., end the w of eny Enda ,hall be eepIWbh 10 UI pan,
IN WITNESS WIIENSOF the pn.hr Wet eavad NO dud N eu Osis Ni A kilns.
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No.'d ETATS Of COUNIANO
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ell.
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ado ei by Fri:milla D. Jona.
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deer July ,It 97.
Me onnotnien esSims /0 3 .1997 .Wmnd Ny AWlln4 Web! tell.
Return to: Chris Levis
Coates, Reid a Waldron
Box 645)
Snowman village, CO
81615
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��l COMMITMENT
`JUN 0 8 1998 Sty EMU E B
Section 2
C3AFfI€LD °CHANTY EXCEPTIONS Order No. 310723 -C
The policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fens, by reason of the matters shown below:
1. Any facts, rights, interests, or claims which are not shown by the public records
but which could ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
2. Easements or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any other facts which a correct survey 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 hereaftpr
furnished, imposed by law and rot shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters,. if any, created,
first appearing in the public records or attaching subsequent to the effective date
hereof, but prior to the date the proposed insured aoguires of record for value the
estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien imposed
for water or sewer service, or for any other special taxing district.
7. 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, as
reserved in United States Patents recorded April 18, 1892 in Book 12 at Page 480,
and recorded February 10, 1895 in Book 12 at Page 353.
8. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patents recorded April 18, 1892 in Book 12 at
Page 480, and recorded February 10, 1895 in Book 12 at Page 353.
9. Right of way for Flynn Ditch as disclosed by Map and Statement filed February 1,
1898 at reception no. 20685.
10. Right of way for Slough Ditch as disclosed by Map and Statement filed January 14,
1891 at reception no. 12117.
11. Grant of Easement in favor of Rocky Mountain Gas Crng>any, Inc. being 50 feet in
width along the westerly line of the subject property, recorded October 19, 1961 in
Book 337 at Page 233, and as sham on the Plat of said subdivision.
(Continued)
FIRST AMERICAN TITLE INSURANCE COMPANY
0()
EXCEPTIONS (continued)
Order No. 310723 -C
12. Grant of Easement in favor of Holy Cross Electric Association, Inc. being 25 feet
in 'width reoorded in Book 508 at Page 825, and as shown on the Plat of said
subdivison.
13. Covenants, conditions and restrictions which do not contain a forfeiture or
reverter clause, as contained in instrumentrecorded at reception no. 263292, and
as amended by instrument recorded in gook 496 at Page 628.
14. 50 foot Roadway, Access and Utility easement along the westerly line of the
subject property as granted in instruments roorded in.Book 493 at Page 132 and
recorded in gook 482 at page 431, and as shown on the Plat of said subdivision.
15. Grant of Easement in favor of Holy Cross Electric Association, Inc. recorded
November 23, 1981 in Book 586 at Page 589, and as shown on the Plat of Laid
subdivision.
16. Grant of Easement in favor of Gary W. Carmichael and Lisa Carmichael recorded
August 8, 1988 in Book 739 at Page 68.
17. Terms and Conditions of Garfield County Resolution No. 91-056 relating to the
approval of Goose Creek Subdivision recorded June 18, 1991 in Book 806 at Page
281.
18. Easements, Covenants, Conditions, Restrictions and Notes contained on the Plat of
Goose Creek Srihdivision filed July 6, 1992 at reception ro. 436455, and contained
on the Amended Plat of Lot 1, Goose Creek Subdivision filed December 8, 1995 at
reception no. 486208.
19. 60 foot building setback lines as shown on the Plat of aaid subdivison.
20. Terms, provisions, covenants, conditions, restrictions and obligations as set
forth in the Subdivision Improvements Agreement recorded July 2, 1992 in Book 835
at Page 643.
21. Easements, Covenants, Conditions and Restrictions which do not contain a reverter
or forfeiture clause as contained in the Protective Covenants for Goose Creek
SnMivision recorded.July 6, 1992 in Book 835 at Page 892.
22. Easement, Terms and Provision of an certain easement agreement made by and
between Henry Harris Hite, W. Rent Jones and Priscilla D. Prohl recorded July 6,
1992 in Book 835 at Page 989.
(Continued)
FIRST AMERICAN TITLE INSURANCE CtIPANY
ECCEPTIONS (continued) Order No. 310723 -C
23. Terms and Provision of a certain Utility Agreement made by and between W. Kent
Jones and Priscilla D. Prohl, recorded December 8, 1995 in Book 960 at page
584:
24. Perpetual 30 foot easement for roadway, utility, ingress and egress purposes, the
location of which is more particularly desnribed therein, for the benefit of
adjoining Lot lA in said subdivision, as defined and set forth in quit claim deed
recorded December 8, 1995 in Book 960 at page 590.
25. Any water rights or claims or title to water in, on or under the land.
26. Any question, dispute or adverse claims as to any loss or gain of land as a
result of any change in the riverbed location by other than natural causes, or
alteration through accretion, reliction, erosion or evulsion of the Center
thread, bank, channel or flow of the waters in the Roaring Fork River lying
within subject land; and any question as to the location of such center thread
bank, bed or channel as a legal desrription monument or marker for the purposes
of desrribing or locating subject lands.
NCYTE: There are no documents in the land records in the office of the Clerk and
Recorder for Garfield County, Colorado, accurately locating past or present
locations of the center thread, bank, bed or channel of the above river or
indicating any alterations of the same as from time to time may have occurred.
27. Any rights, interests or easements in favor of the State of Colorado, the 'United
States of America, or the general public, which exist or are claimed to exist in,
over, under and/or across the waters and present and past bed and banks of the
Roaring Fork River.
28. Right of way for existing ditches and/or creeks as shown on the Plat of said
subdivison.
29. ESiisting driveway surface and rights of the adjoining owners in and to said
driveway surfarr, as shown on the Plat of said subdivison.
30. Wetlands as shown on the Plat of said subdivison.
FIRST AMERICAN TITLE INSURANCE COMPANY
PROTECTIVE COVENANTS
FOR GOOSE CREEK SUBDIVISION
GARFIELD COUNTY, COLORADO
Article I - Purpose of Covenants
Iii_
OWF .11N
1: '"- JUN 0 8 1998
alleAFIELD—OCONTY
1.1. General Requirements. These covenants shall govern and
be applicable to that certain real property located in Garfield
County, Colorado, known as Lots 1, 2, 3, 4 and 5 of Goose Creek
Subdivision ("Subdivision") according to the Final Plat thereof
recorded in the records of the Clerk and Recorder of Garfield
County, Colorado, as Reception No.
It is the
intention of Henry Harris Hite, Owner of Lots 2 - 5, and Kent Jones
and Priscilla Prohl, Owners of Lot 1 (hereinafter collectively
referred to as "Owners"), that the purpose of these covenants be to
protect and enhance the present beauty and equestrian setting
within the Subdivision, protecting it as much as possible taking
into account the uses and structures permitted by Garfield County.
All applicable Garfield County Zoning regulations for Agricultur-
al/Residential zoning shall apply.
Article II - Covenants
2.1. Wetlands. Prior to construction within identified
wetlands, as delineated on the Final Plat, approval from the Army
Corp of Engineers shall be provided to the Garfield County Planning
Office.
2.2 Floodplains. All development within the 100 year
floodplain shall be subject to County zoning regulations. All
necessary applications shall be obtained from Garfield County prior
to development.
2.3. Revegetation. All cut slopes created during construction
shall be revegetated with native grasses and shrubs with adequate
weed control. All seed shall be certified weed -free.
2.4. No Basements. Basements are prohibited.
2.5. No Mobile Homes. No mobile or trailer homes are allowed
except for temporary use during any construction activity for a
period of six (6) consecutive months.
2.6. Underground Utility Lines. All newly constructed water,
gas, electric, telephone, TV and other utility pipes or lines shall
be buried underground. Any areas of natural terrain disturbed by
the burying of utility lines shall be revegetated by and at the
expense of the Owner causing the installation of the utility.
2.7. Zoning and Architectural Requirements. Owners shall
exercise their best judgment, subject to Garfield County Zoning
regulations, to insure that all improvements conform with these
covenants and harmonize with other structures and the surroundings
as to design, size, materials, colors, height, siding and all other
design features. Owners shall use natural colors on any building
or roof.
Existing improvements and any additions or remodeling
thereto, and any outbuildings constructed on Lot 1 are exempt from
architectural control procedures herein. Such additions, remodel-
ing or outbuildings will harmonize with the existing improvements
on Lot 1. Any new primary residence constructed on Lot 1 must
comply with all requirements herein.
2.8. Homeowners Association. A Homeowners Association shall
be formed for administration of Basalt Water Conservancy District
contracts and maintenance of the subdivision road, "Goose Creek
Lane". Owners of Lots 2-5 shall be automatic members of the
Association and be entitled to one vote per Lot. Lot 1 owners
shall not be required to be members since Lot i is not affected by
these two issues.
A. Domestic Water SURD V. The Association shall hold
as contracting party, and be responsible for the performance of,
the domestic water supply contracts with the Basalt Water
Conservancy District which benefit Lots 2-5. Any Association fees
or costs associated with the water supply contracts or systems to
supply domestic water to Lots 2-5 shall be shared equally by the
owner(s) of Lots 2-5.
B. Goose Creek Lane Maintenance. The Association shall
contract for the repair, maintenance and snow removal as necessary
from time to time for Goose Creek Lane. Each Lot Owner shall be
responsible for their fractional share of such costs. Each
fractional share shall be determined by using as the denominator
the total linear feet of the Road from its beginning on Lot 2 to
its terminus on Lot 5, and by using as the numerator the linear
feet of the Road from its beginning through the driveway cut for
each Lot.
C. Assessments. The Association may levy assessments
to pay for the costs related to the domestic water supply, road
maintenance and other improvements or maintenance deemed necessary
from time to time. If the Owner of any Lot fails within ten (10)
days after written demand to pay any assessment levied by the
Homeowners' Association, then the Association shall have a lien,
from and after the time the notice of failure to pay is recorded in
the office of the Garfield County Clerk and Recorder against the
the due date of the Lot of the non-paying owner for the amount due, plus interest from
at the rate of
reasonable attorney's afees sand texpens s of collection. Theo lien
may be foreclosed in the manner provided by law.
2.9. Resubdivision,
pr There shall be no resubdivision of the
Lots without prior approval of Garfield County.
-2-
2.10. Building Permit. Prior to the issuance of a building
permit, the Owner of each Lot shall prepare and submit a site
specific soils report and foundation design prepared and certified
by a professional engineer and all improvements shall be construct-
ed in accordance with such measures which shall be a condition of
the building permit.
2.11. Colorado State Forester and U,s, Forest Service. The
recommendations of the C.S.F. and U.S.F.S. wildfire prevention
guidelines shall be followed in the construction of all structures.
2.12. I.S.D.S. Systems. All new I.S.D.S. systems shall be
designed and their installation certified by a registered profes-
sional engineer. Prior to the issuance of an I.S.D.S. permit,any
modification thereof or construction, review and comment by the
Town of Carbondale shall be obtained. A non -discharging E.T.
system with hypalon lines or the best demonstrated available
technology at the time of construction shall be required for the
I.S.D.S. Each Lot Owner shall be responsible for the maintenance
of the permitted, engineered, individual septic disposal system to
the standards set by the Garfield County and State of Colorado
Health Departments. If any I.S.D.S. system is not maintained and
a Health Department official inspects the system and finds it
substandard the responsible Lot Owner will immediately cause it to
be brought up to standard.
2.13. Ditch Easements. There are hereby created, granted and
reserved to the Owner or Owners, from time to time, of each of the
Lots, perpetual easements across all of the Lots as necessary for
all irrigation ditches and laterals presently in existence, or
hereafter constructed with the consent of the Owners of the Lots
across which they are constructed, for the purpose of constructing,
maintaining and operating irrigation ditches and laterals for the
proper irrigation of all meadow lands located within any of the
Lots.
2.14. Road and Utility Easement. Goose Creek Lane, which
accesses Lots 2, 3, 4 and 5 shall be a private roadway, for the
benefit of only the Owners of Lots 2, 3, 4 and 5. Each of these
Lot Owners will have a non-exclusive access and utility easement
within this road easement as depicted on the Final Plat to benefit
his or her Lot.
Article III - Provisions
3.1. Enforcement. These covenants shall be enforceable by
proceeding for prohibitive or mandatory injunction or action for
damages or expenses of maintenance. These protective covenants may
be enforced at any time by the Owners of any Lot. Actual damages
may not be deemed an adequate remedy for breach or violation and,
in an appropriate case, the Court may award punitive damages. In
any action to enforce any covenants, restrictions or conditions
-3-
contained in these protective covenants, the prevailing party or
parties having jurisdiction shall be awarded reasonable attorneys'
fees and costs by the Court. No violation or breach of these
protective covenants and no action to enforce the same shall
defeat, render invalid or impair the lien of any mortgager or deed
of trust taken in good faith and for value, of the title or
interest of the holder thereof, of the title acquired by any
purchaser upon foreclosure of any such mortgage or deed of trust.
3.2. Severability. Invalidity of any of these covenants or
failure to enforce the same, shall in no event be deemed a waiver
of the right to enforce the same, shall in no event be deemed a
waiver of the right to enforce or effect any of the other provi-
sions hereof.
3.3. Paragraph Headings. The paragraph headings in this
instrument are for convenience only and shall not be constituted to
be a part of the covenants contained herein.
3.4. Amendment of Covenants. These covenants run with the
land and shall be binding upon and inure to the benefit of the
Owners, their heirs and assigns, for a period of ten (10) years
from the date hereof, after which time said covenants shall be
automatically extended for successive periods of ten (10) years,
unless amended or terminated by a three-fifths vote of the then
Owners of the Lots in the Subdivision. However, no amendment to
these covenants which affect Lot 1 shall be made except by written
agreement and acceptance by the Owners of Lot 1 as three of the
five votes required. This "veto" power by Lot 1 Owner(s) shall
expire upon sale or conveyance of Lot 1 by Jones-Prohl.
Should the Owner(s) of Lot 1 not accept or agree to an
amendment of covenants promulgated by a majority of the then
Owner(s) of Lots 2, 3, 4 and 5, then the Owner or Owners of Lots 2,
3, 4 and 5 may proceed to record an amendment of covenants specific
to Lots 2, 3, 4 and 5 so long as a 3/4 vote of the then Owner(s) of
Lots 2, 3, 4 and 5 is obtained.
A properly certified copy of such amendment shall be
placed on record in Garfield County, Colorado no more than six (6)
months after said vote. PROVIDED, HOWEVER, no amendment or
termination shall be permitted which is contrary to or contravenes
any of the conditions of approval of the Final Plat.
IN WITNESS WHEREOF, these Protective Covenants for Goose Creek
Subdivision have been executed on this ,3'y day of Hey, 1992.
xuNE,
GOOSE C•F,EK SUBDIV SION OWN
01A •"'
�\E .� COLORADO )
`� •. f %ri4'� '3,.j PITKIN ) ss
'. Th.` -........••' QST
OF C�7rhe.foregoip7 instrument was acknowledged before me on the
3U day of tip , 1992, by Henry Harris Hite.
WITNESS my hand and official seal.
My commission expires:
VI -0(o
Henry
Lot
GH
By / vC.Amilw
-w Kent Jones
Lot 1
By: u wifxu&}
•
1
Priscilla D. Pre I
Lot 1
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss
7 6_ .--
Nota y Public
The foregoqing instrument was acknowledged before me on the
Soii'day of Jane , 1992, by W. Kent Jones and Priscilla
b. Rrohl.
•�"\
�;,c- WITNESS my hand and official seal.
. •:LCif�.::commission expires: i?/;i; e
Notary/public
hkelpra«ii.cov
-5-
.....'RESOURCE
.....
■■■ • E N G I N E E R I N G I N C.
Mr. Mark Bean
Garfield County Planner
Garfield County Building and Planning Department
109 8th Street, Room 303
Glenwood Springs CO 81601
RE: Lot 1 B, Goose Creek Subdivision
Dear Mark:
June 8, 1998
tSUN 0 8 1993
0444--:; - ; it;ter• Y
Mr. Lester Crain has a Basalt Water Conservancy District water allotment contract for
Lot 1 B, Amended Plat of Lot 1, Goose Creek Subdivision. The contract can be
assigned to the new owners of the property, David and Sigrid Murray upon request.
The contract is for 0.90 AF and 15 gpm to support a single family home with a
caretaker unit, 1,000 SF of lawn irrigation and 2 horses. The property is in Area A of
the District boundary and will be included in the District's Substitute Water Supply
Plan.
The State Engineer's office is currently reviewing the District's Substitute Water Supply
Plan for a two year extension and expects to issue its approval by June 12, 1998. The
delay has resulted in a temporary "hold" on the well permits including that for Lot 1 B,
however, upon the approval of the two year extension to the plan, Murrarys will be
given a well permit pursuant to the water allotment contract.
If you have any questions, please do not hesitate to call me.
Sincerely,
RESOURCE ENGINEERING, INC.
Paul S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
033-7.0
mbmurray.033.wpd
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax (970) 945-1137
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 315
Pursuant to C.R.S. 1973, 37-45-131
'JUN 0 8 1998 r,
f)
GAARE.LD GO tj fY
Lester Crain (hereinafter "Applicant") has applied to the Basalt Water Conservancy
District (hereinafter the "District"), a political subdivision of the State of Colorado, organized
pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et s�ce ., for an
allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the
District. By execution of this Contract, Applicant agrees to the following terms and conditions:
1. UANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per
second from the District's direct flow rights and 0.9 acre feet per year of storage water owned or
controlled by the District.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the use
of the District's said rights. Exchange releases made from the District's storage rights in Ruedi
Reservoir or other works and facilities of the District shall be delivered to the Applicant at the
outlet works of said storage facility and release of water at such outlet works shall constitute full
performance of the District's delivery obligation. Delivery of water from the District's storage
rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States
Bureau of Reclamation and any rules and regulations promulgated pursuant thereto.
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned by Applicant described as Lot 1B,
Amended Plat of Lot 1, Goose Creek Subdivision, according to the Plat thereof filed December
8, 1995 as Reception No.486208, County of Garfield, State of Colorado; provided that the
location and purpose of Applicant's use of said water shall be legally recognized and permitted by
the applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
XX Domestic/Municipal _ Industrial/Commercial _ Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining qr adjudicating, on its own, the right to
use certain waters. It is acknowledged that certain locations within the District may not be
IN)
1
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes.. To the extent that service cannot be
achieved by use of the District's allotted water rights, or in the event said service is inadequate,
Applicant may, utilize such other water rights, by way of supplementing the District's water
rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's
intended purpose or purposes. All lands, facilities and areas served by water rights allotted
hereunder shall be situated within the boundaries of the District. The District reserves the
exclusive right to review and approve any conditions which may be attached to judicial approval
of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any
out-of-pocket expenses incurred by the District in connection with the allotment of water rights
hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred
in connection with any water rights adjudication necessary to allow Applicant's use of such allotted
water rights; provided, however, in the event any such adjudication involves more of the District's
water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion
of such expenses. Applicant shall be solely responsible for providing works and facilities, if any,
necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available in
priority at the original point of diversion of the District's applicable water'right and neither the
District, nor those entitled to utilize the District's decrees, may call on any greater amount at new
or alternate points of diversion. The District shall request the Colorado State Engineer to estimate
any conveyance losses between the original point and any alternate point and such estimate shall
be deducted from this amount in each case. The District, or anyone using the District's decrees,
may call on any additional sources of supply that may be available at an alternate point of
diversion, but not at the original point of diversion, only as against water rights which are junior
to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent.
In the event the Applicant develops and adjudicates an augmentation plan to utilize the water
allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering
expense of the District incurred by the District for the purpose of developing and adjudicating a
plan of augmentation for the District. In any event, the District shall have the right to approve the
Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and
of all pleadings and other papers filed with the Water Court in the adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. Payment
of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the
District that the payment is due. Said notice will advise the Applicant, among other things, of the
water delivery year to which the payment shall apply and the price which is applicable to that year.
If a payment is not made by the due date, written notice thereof will be sent by the District to the
Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days
mm¢�awcow...,vum.rox
2
after said written notice, the District may, at its option, elect to terminate all of the Applicant's
right, title, or interest under this Contract, in which event the water right allotted hereunder may
be transferred, leased or otherwise disposed of by the District at the discretion of its Board of
Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract
is valid and in force, Applicant will budget and appropriate from such sources of revenues as may
be legally available to the Applicant the funds necessary to make the annual payments in advance
of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any
person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in
service due to the failure of Applicant to maintain the payments herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and sanitation
district or other special district properly organized and existing under and by virtue of the laws
of the State of Colorado and then only if such association or special district establishes to the
satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure
its performance of the Applicant's obligations under this Contract. In no event shall the owner
of a portion, but less than all, of the Applicant's property to be served under this Contract, have
any rights hereunder, except as such rights may exist through a homeowners association or special
district as above provided. Any assignment of the Applicant's rights under this Contract shall be
subject to and must comply with such requirements as the District may hereafter adopt regarding
assignment of Contract rights and the assumption of Contract obligations by assignees and
successors, provided that such requirements shall uniformly apply to all allottees receiving District
service. The restrictions on assignment as herein contained shall not preclude the District from
holding the Applicant, or any successor to the Applicant, responsible for the performance of all
or any part of the Applicant's covenants and agreements herein contained.
mwxvwcow.mruum.cox
3
7. OTHER RULES Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by .the District and amended from time to time; provided that such
Water Service Plan shall apply uniformly throughout the District among water users receiving the
same service from the District. Applicant shall also be bound by the provisions of the Water
Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors
of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if
any, applicable within the County in which the water allotted hereunder is to be used, together
with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set forth
in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special services
requested by the Applicant and provided by the District or by reason of the delivery or use of
water by the Applicant for more than one of the classes of service which are defined in the Rules
and Regulations of the Board of Directors of said District. Said agreement may contain, but not
be limited to, provision for water delivery at times or by means not provided within the terms of
standard allotment contracts of the District and additional annual monetary consideration for exten-
sion of District services and for additional administration, operation and maintenance costs, or for
other costs to the District which may arise through services made available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any use
other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this
Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject
to that certain Resolution passed by the Board of Directors of the District on September 25, 1979,
and all amendments thereto, as the same exists upon the date of this application and allotment
Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
ILWKSWCPMumyNIIYTCOM
4
13. CONSERVATION PRACTICES:
accepted conservation practices with respect to the
shall be bound by any conservation plan hereafter
amended from time to time.
Applicant shall implement and use commonly
water and water rights allotted hereunder and
adopted by the District, as the same may be
14. WELL SPACING REQUIREMENTS: Applicant must comply with the well -
spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with
said statutory well -spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County
Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant.
Applicant's Address:
c/o David and Sigrid Murray
P.O. Box 1995
Basalt, CO 81621
STATE OF \C -CS -O )
COUNTY OF
SS.
Subscribed and sworn to before me this 11-I day of
Lester Crain.
APPLICANT:
Lea%ta en to Co /714w, 11p
Lester Crain UU
�i VDKS W CDw...,wuur.anx
WITNESS my hand and official seal.
My commission expires:
My Commission expires 05/19/2001
5
, 1998, by
ORDER G1tANTING APPLICATION FOR ALLOTMENT CONTRACT
LESTER CRAIN
CONTRACT NO. 315
Application having been made by or on behalf of Lester Crain and hearing on said
Application having been duly held, it is hereby ordered that said Application be granted and that
the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's
direct flow rights and 0.9 acre feet per year of storage water owned or controlled by the District
is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for
the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and
manner of payment as therein specified and subject to the following specific conditions:
1 • The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described as Lot 1B, Amended Plat of Lot 1, Goose Creek Subdivision, according to
the Plat thereof filed December 8, 1995 as Reception No.486208, County of Garfield, State of
Colorado.
2. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water
service charge for such water allotment.
3. Applicant has represented to the District that the proposed use of the land to be
benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use and by executing the attached water allotment
contract warrants to the District that the lot or parcel to be benefitted hereunder is legally
subdivided.
4. By acceptance of this Contract, Applicant acknowledges that within two years of
the date hereof or such later date as the District may approve, the Applicant shall file with the
Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water
allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's
water allotment as provided in this Contract shall be included in a water rights plan of
augmentation to be filed by the District with the expenses thereof to be shared prorata by the
Contract holders included in such plan; provided that inclusion of the Applicant's water allotment
in the District's plan of augmentation shall be at the District's sole discretion. The District may
establish an augmentation plan fee to be paid by the holder of any Contract to be included within
a plan of augmentation to be filed by the District, which fee shall be payable in advance of the
inclusion of such Contract in a District plan of augmentation and may be based on the District's
good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation
plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual
expenses incurred by the District in completing said plan of augmentation, the District shall refund
such excess to the Contract holder.
5. Any and all conditions imposed upon the release and diversion of water allotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water Court
-1-
for Water Division Nb. 5 shall be incorporated herein as a condition of approval of this contract.
Granting of this allotment contract does not constitute the District's representatiop that the
Applicant will receive a well permit or water rights decree for the land to be benefitted hereby.
6. If Applicant intends to divert water through a well or wells, Applicant shall provide
the District a copy of Applicant's valid well permit for each such well before the District is
obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the
well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance
with said statutory well -spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
-10f
Approved this / day of (74ju , 1998.
Attest:
By:
,r -LA /u/.. Barbara Mick - Secretary
BASALT WATER CONSERVANCY DISTRICT
'7 By: A CA/LGvI
Arthur Bowles, President
-2-
HEI'WORTH-PAWLAK GEOTECHNICAL, INC.
April 24, 1998 .. _t�.. _....._ ,1
David and Sigrid Murray JUN 0 8 1998
11_,J)
P.O. Box 1995 -N.'-"'.-
Basalt, Colorado 81621
Subject:
GiAAFIELD Cit Ur ry
5020 Road 154
Glenwood Springs, CO 81601
Fax 970 945-8454
Phone 970 945-7988
Job No. 198 252
Subsoil Study for Foundation Design and Percolation Test, Proposed
Residence and Barn, Lot 1B, Goose Creek Subdivision, 183 Blue Heron
Lane, Near Carbondale, Garfield County, Colorado.
Dear Mr. and Mrs. Murray:
As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study and
percolation test for foundation and septic disposal designs at the subject site. The study
was conducted in accordance with our agreement for geotechnical engineering services
to you dated April 10, 1998. The data obtained and our recommendations based on the
proposed construction and subsurface conditions encountered are presented in this
report.
Proposed Construction: The proposed residence will be a two story wood frame
structure. A barn with an upper level of living area is proposed about 40 feet to the
northwest of the residence. Both structures will have slab -on -grade floors. Cut depths
are expected to range between about 3 to 4 feet. Foundation loadings for this type of
construction are assumed to be relatively light and typical of the proposed type of
construction. The septic disposal system is proposed to be located about 40 to 50 feet
southwest of the proposed barn.
If building conditions or foundation loadings are significantly different from those
described above; we should be notified to re-evaluate the recommendations presented in
this report.
Site Conditions: The site was vacant and covered with about 3 inches of snow at the
time of our field work. The ground surface in the building area is relatively flat with a
gentle slope down to the north. An existing pond is located about 100 feet to the north
of the proposed barn. A ditch connects the__Rond to an existing wetlands south of the
site. The lot is vegetated with grass and weeds. Cattails are present near the pond to
the north.
Subsurface Conditions: The subsurface conditions at the site were evaluated by
excavating two exploratory pits (one in each proposed building area) and one profile pit
David and Sigrid Murray
April 24, 1998
Page 2
in the septic disposal area at the approximate locations shown on Fig. 1. The logs of
the pits are presented on Fig. 2. The subsoils encountered, below about one foot of
topsoil and nil to 3 feet of slightly organic silt and sand consist of relatively dense
slightly silty sandy gravel with cobbles and boulders. Results of a gradation analysis
performed on a sample of the gravels (minus 5 inch fraction) obtained from the site are
presented on Fig. 3. Groundwater was observed in the pits at the time of excavation at
a depth of about 41 feet and the upper soils were moist.
Foundation Recommendations: Considering the subsoil conditions encountered in the
exploratory pits and the nature of the proposed construction, we recommend spread
footings placed on the undisturbed natural gravels designed for an allowable soil
bearing pressure of 3,000 psf for support of the proposed residence and garage. Due to
the relatively shallow groundwater, excavation dewatering may be needed for
construction of the footings. Footings should be a minimum width of 16 inches for
continuous walls and 2 feet for columns. Loose and disturbed soils encountered at the
foundation bearing level within the excavation should be removed and the footing
bearing level extended down to the undisturbed natural gravels. Exterior footings
should be provided with adequate cover above their bearing elevations for frost
protection. Placement of footings at least 36 inches below the exterior grade is
typically used in this area. Continuous foundation walls should be reinforced top and
bottom to span local anomalies such as by assuming an unsupported length of at least 10
feet. Foundation walls acting as retaining structures (if any) should be designed to
resist a lateral earth pressure based on an equivalent fluid unit weight of at least 45 pcf
for the on-site soil (excluding oversized rock) as backfill.
Floor Slabs: The natural gravel soils, are suitable to support lightly to moderately
loaded slab -on -grade construction. To reduce the effects of some differential
movement, floor slabs should be separated from all bearing walls and columns with
expansion joints which allow unrestrained vertical movement. Floor slab control joints
should be used to reduce damage due to shrinkage cracking. The requirements for joint
spacing and slab reinforcement should be established by the designer based on
experience and the intended slab use. A minimum 4 inch layer of free -draining gravel
should be placed beneath slabs to facilitate drainage and act as a leveling course. This
material should consist of minus 2 inch aggregate with less than 50% passing'the No. 4
sieve and less than 2% passing the No. 200 sieve.
H -P GEOTECH
David and Sigrid Murray
April 24, 1998
Page 3
All fill materials for support of floor slabs should be compacted to at least 95 % of
maximum standard Proctor density at a moisture content near optimum. Required fill
can consist of the on-site gravels devoid of vegetation, topsoil and oversized rock.
Surface Drainage: The following drainage precautions should be observed during
construction and maintained at all times after the residence and garage have been
completed:
1) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95 % of the maximum standard Proctor density in
pavement and slab areas and to at least 90% of the maximum standard
Proctor density in landscape areas.
2) The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 6 inches in the first 10 feet in unpaved
areas and a minimum slope of 3 inches in the first 10 feet in pavement
and walkway areas.
Percolation Testing: Percolation tests were conducted on April 15, 1998 to evaluate
the feasibility of an infiltration septic disposal system at the site. One profile pit and
three percolation holes were dug at the locations shown on Fig. 1. The test holes
(nominal 12 inch diameter by 12 inch deep) were hand dug at the bottom of shallow
backhoe pits and were soaked with water one day prior to testing. The soils exposed in
the percolation holes are similar to those exposed in the Profile Pit shown on Fig. 2 and
consist of about 1 foot of topsoil overlying slightly silty sandy gravel with cobbles and
boulders. The percolation test results are presented in Table I. The percolation test
result indicate an infiltration rate between 4 and 20 minutes per inch with an average of
about 13 minutes per inch. The percolation rates were based on the last three readings
of the test. Based on the shallow groundwater, a "mounded" system may be needed.
The county may require that the septic disposal system be designed by a civil engineer.
Limitations: This study has been conducted in accordance with generally accepted
geotechnical engineering principles and practices in this area at this time. We make no
warranty either expressed or implied. The conclusions and recommendations submitted
in this report are based upon the data obtained from the exploratory pits excavated at
the locations indicated on Fig. 1, the proposed type of construction and our experience
H -P GEOTECH
David and Sigrid Murray
April 24, 1998
Page 4
in the area. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory pits and variations in the subsurface conditions
may not become evident until excavation is performed. If conditions encountered
during construction appear different from those described in this report, we should be
notified at once so re-evaluation of the recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes.
We are not responsible for technical interpretations by others of our information. As
the project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill by a representative of the geotechnical
engineer.
If you have any questions or if we may be of further assistance, please let us know.
Sincerely;
HEP TH - PAWLAK GEOTECHNICAL, INC.
O�Pp RFG�s�A, i
.
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2.
Jordy Z. Adar soj, Jrj�. x.707 b1
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1," °'QNAL EN�-\
Daniel E. Hardin, P.E.
JZA/ksm/rso
attachments
H -P GEOTECH
APPROXIMATE SCALE
1" = 80'
WETLANDS
ACCESS AND UTILITY EASEMENT
( BLUE HERON LANE )
1 1
I A 0EXIS......
■ PROFILE PIT 1 "`:.'1:`
PIT
•
P 3
A PROPOSED I 1 •
BARN 1 1
I I
\ 1 I
LOT 1B 1 1
\ I 1
I 1
1 1
1 \ 1
1 \ 1
PIT 2 1 1
• 1 1'
1 1
PROPOSED 1 I
RESIDENCE
1
1�1
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151•
1D1 �
EXISTING
DITCH
114
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1 L�
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1 I
-
1 I
EXISTING / 1
POND 1 I
LOT 1A I I
/ I
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•
198 252
HEPWORTH — PAWLAK
GEOTECHNICAL, INC.
LOCATION OF EXPLORATORY PITS
AND PERCOLATION TEST HOLES
Fig. 1
Depth — Feet
_ 0
5
1
PIT 1
4
I +4=82
- - -I -200=1
PIT 2
PROFILE PIT
0
5
10 10
LEGEND:
4
NOTES:
TOPSOIL; sandy silt and clay, organic, medium stiff, moist, dark brown.
SAND AND SILT (SM—ML); clayey, slightly organic, medium stiff, reddish brown, porous.
GRAVEL (GP); sandy, with cobbles and boulders, dense, slightly moist to wet below water
levels, brown to reddish brown, subrounded to rounded rock.
Diameter hand driven liner sample.
Disturbed bulk sample.
Free water level at the time of excavation.
1. Exploratory pits were excavated on April 14, 1998 with a backhoe.
2. Locations of exploratory pits were measured approximately by pacing from features on the site
plan provided.
3. Elevations of exploratory pits were not measured and logs of exploratory pits are drawn to depth.
4. The exploratory pit locations should be considered accurate only to the degree
implied by the method used.
5. The lines between materials shown on the exploratory pit logs represent the approximate
boundaries between material types and transitions may be gradual.
6. Water level readings shown on the logs were made at the time and under the conditions indicated.
Fluctuations in water level may occur with time.
7. Laboratory Testing Results:
+4 = Percent retained on No. 4 sieve
—200 = Pe cent passing No. 200 sieve
Depth — Feet
198 252
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
LOGS OF EXPLORATORY PITS
Fig. 2
aMMat2JMINe
HYDROMETER ANALYSIS
11ME READINGS
24 HR. 7 HR
45 MIN. 15 MIN. 60 MIN.19 MIN. 4 MIN. 1 MIN.
100
90
BO
70
60
50
40
30
20
10
0
41200
SIEVE ANALYSIS
U.S. STANDARD SERIES
GUAR SQUARE OPENINGS
4100 450 /30 /16 48 /4 3/81/73/4' 1 1/2' 3' S'6'
.001
198 252
.002
.005 .000
1
010 .037 .074 .150 .300 .600
CLAY TO SILT
GRAVEL 82 %
LIQUID LIMIT
1.18
2.36 4.75
9.512.5 19.0
DIAMETER OF PARTICLES IN MILLIMETERS
SAND
FINE 1 MEDIUM (COARSE
SAND 17 %
GRAVEL
37.5
FINE 1 COARSE
B'0
76.2 152 203
127
COBBLES
SILT AND CLAY 1 %
PLASTICITY INDEX
SAMPLE OF: Sandy Gravel with Cobbles FROM: Pit 1 at 3 to 4 Feet
HEPWORTH - PAWLAK
GEOTECHNICAL, INC.
GRADATION TEST RESULTS
10
20
30
40
50
60
70
60
90
100
Fig. 3
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
TABLE I
PERCOLATION TEST RESULTS JOB NO. 198 252
HOLE NO.
HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN)
WATER
DEPTH AT
START OF
INTERVAL
(INCHES)
P-1
34
15
water added
water added
water added
water added
water added
water added
water added
10%%
10
10
9'/2
9
91/2
9Y
9
WATER
DEPTH AT
END OF
INTERVAL
(INCHES)
41/2
4'/2
5
5
5%
6
6
5%2
DROP IN
WATER
LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MIN./INCH)
6
5'/2
5
41/2
3'%
3'/2
3'/2
3'/2
4
P-2
3814
15
121/2
12'
121/2
12%
11Y
11
101/4
91/2
12%2
12Y
121/4
11
10%
91/2
8%
/4
3/4
%2
34
3/4
3/4
20
P-3
34
15
water added
water added
water added
7
6
8
7
8
7
6
8
6
5
7
6
7
6
5
7
1
1
1
1
1
1
1
1
15
NOTE: Percolation test holes were hand dug in the bottom of shallow backhoe pits and soaked on April 15, 1998.
The holes were protected from freezing overnight with rigid foam insulation. Percolation tests were
conducted on April 11, 1998. The percolation rate was based on the last three readings of the test.
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 963-0569
June 5, 1998
1
STiOffi
JUN 0 8 1998 �1
Sigrid & David Murray
P.O. Box 808 GAAFL€LD COUNTY
Carbondale, CO 81623
RE: Proposed Residence & Accessory Dwelling Unit, 0179 Blue Heron Lane, Garfield County
Dear Sigrid & David:
Your proposed residence and accessory dwelling unit on Blue Heron Lane are within the Carbondale
& Rural Fire Protection District. Initial response for fire and emergency medical services would come
from Station No. 1 in Carbondale. Water supplies for fire protection would initially be limited to
water carried on responding fire apparatus (approximately 5,000 gallons). Response time to your
property is approximately 10-15 minutes.
Please contact me if you have any questions or if I can be of any assistance.
Bill Gavette
Fire Marshal
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SPECIAL POWER OF ATTORNEY
I, LESTER CRAIN, residing at 0446 E. Reds Rd., Aspen,
Colorado, do hereby apoint either DAVID W. MURRAY and/or
SIGRID S. MURRAY, of 428 E. Sopris Dr., Basalt, Colorado, as
my Agents, to act in my name and place and on my behalf with
authority to do the following regarding property I own at 183
Blue Herron Lane, Carbondale, CO (Lot 1-B, Goose Creek),
which property is under contract for sale to David W. Murray
and Sigrid S. Murray:
1. Apply for Special Review for an Accessory Dwelling
2. Apply for a Septic Permit and install said system
3. Apply for a Well Permit and install said well
4. Excavate a road, ditches and pond
5. Install electrical service and phone service
6. Apply for a building permit
The above work shall be performed at sole expense of David W.
Murray and Sigrid S. Murray, and no expense contracted for by
David or Sigrid Murray for the development of the said
property through this Power of Attorney shall incur to me.
I hereby grant to the above Agent full right, power and
authority to do every act, deed, and thing necessary or
advisable to be done concerning the above powers, as fully as
I could do if personally present and acting.
If any provision or part of this Power of Attorney shall be
held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and
enforceable to the greatest extent possible.
This Power of Attorney shall become effective immediately,
shall not be affected by my disability or lack of mental
-competence, and shall continue effective until my death;
provided, however, that this Power may be revoked by me at
any time by providing written notice to the Agent
Dated 7 r, , 1998 ,,at .t ina, Cd.
GiGKr�/
LESTER CRAIN
STATE OF COLORADO, COUNTY OF PITKIN,ss.
On this 7- day of April, 1998, before me, the undersigned,
a Notary Public for the State of COLORADO, personall
appeared LESTER CRAIN to me k •wn (or to me proved
identical personal .-.ied in . d .ho executed the
of Attorney, and-ckn•-wledg.• tha such person e
same as such pe'son'-,j.lut and deed.
Notary Public:
erk4 Oomf1\155/
>4
LARRY GOTTLIEB
Consulting
June 1, 1998
To Whom It May Concern:
We have been next door neighbors to David and Sigrid Murray for
approximately seven years. Throughout that period they have maintained a
legal apartment in their house. Throughout the years they have had tenants
come and go, and there has been minimal impact on our property and
privacy. The Murrays screen their tenants carefully and we have had no
problem whatsoever with any of them. The Murrays have been wonderful
neighbors, and they have helped maintain our common access road and have
always been ready to lend a hand when it was needed. We are sad to see
them go because good neighbors are hard to fmd. We wish them well, and
we know they will be an asset to any neighborhood.
Larry and Kathie
Gottlieb p
P.O. Box 1098 • Basalt, CO 81621 • 970/927-3216 • Fax 970/927-9828 • Email: gottlieb@rof.net
Reply -To: <mbt@sopris.net>
From: "JONES" <MBT@sopris.net>
To: <garcopin@rof.net>
Subject: RE: Murray application for ADU, Lot 1 B, Goose Creek Subdivision
Date: Wed, 5 Aug 1998 18:43:33 -0600
X-MSMaiI-Priority: Normal
Dear County Commissioners: August
5, 1998
My family lives on land adjacent to the Murray family.
We are entirely in favor of their proper application for a
special use permit for a rental unit that will no doubt be used by some of
the important members of our community who cannot afford to buy a house
here, but who contribute greatly to the fabric and feel of Carbondale and
who help make it the desirable place to live it has always been!
We would also like to point out that Lisa and Gary Carmichael, who are
crying so loudly for your attention, should receive little credence in
their attack on the Murrays legal application. In the ten years they've
lived down here they have run, out of their house on Blue Heron Ln.. an
Illegal zoning use Construction Company, Stored construction equipment and
vehicles, run a Construction production cabinet Shop, and of course had an
incredible amount of their workers and clients vehicles make trips to their
house. Godbless the self righteous.
Kent Jones and Family
Sincerley,
Box 132
Carbondale. Co. 21623
May 28, 1998
Planning Department
Garfield County
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Special Use Permit, Lot 1B, Amended Plat of Lot 1, Goose Creek
Subdivision
Dear Commissioners,
We are the neighbors directly to the North of the applicant.
We feel it is unfortunate that we are put in the position to try
and defend the original county land use plan for the above
mentioned subdivision. Years ago, when Goose Creek originally
applied for a subdivision, several issues were brought to the
commissioner's attention that caused them to downsize from the high
density requested to one residence per 10 acre lots.
It was our understanding that these lots could not be easily
split. Apparently there is a law allowing for a lot split in the
case of a divorce. This is what happened to Lot 1. Kent and
Percilla Jones were able to split the lot, through the courts,
without approval of the commissioners.
Now the Applicant would like to house another family on their
lot, bringing a total to four residences on one 10 acre parcel,
(Kent Jones currently has two dwellings). This unfortunate
proliferation of house -holds is continuing, with and without your
permission in an area that has already had long debates and
research done to establish the zoning currently in place.
There are several reasons the above Special Use Permit for an
Accessory Dwelling Unit should be denied. The private access road
to this property is a dead end, single lane, dirt road with no
maintenance association. The road is usually in disrepair, making
it unsafe for additional traffic, not to mention emergency
vehicles. It has always been a big problem collecting money from
the existing neighbors to grade the road once a year. We have
several neighbors who refuse to pay for any road maintenance,
putting the burden on the few responsible neighbors. When the
county tax assessor appraises our property he always takes into
consideration the bad road access and the fact the road is not
maintained on a regular basis. For years we have tried to start a
road maintenance association, with no luck. This road can not take
any more unnecessary added usage.
The other issues that the commissioners looked at during the
original application were the wetlands around the property. There
is an abundance of wildlife
there are several areas of
people, dogs and traffic
Also, there was concern for
the ground water is very
system on the Roaring Fork
that stay in the area all year, because
constantly running water. Additional
will certainly impact this wildlife.
putting in added septic systems, where
high, so close to Carbondale's water
River.
We are in an extremely uncomfortable position and don't want
any hard feeling with our new neighbor, but we have to strongly
disagree with the application. The original zoning decisions were
appropriate for this particular area and should not be changed.
Thank you for your consideration into this matter.
Sincerely,
Gary and Lisa Carmichael
ti:'4/ ZIP;ryilif
AIDC 0 4 1998
wrap OWINTY
July 28, 1998
a s rotir%f>..
Board of County Commissioners
Garfield County
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Special Use Permit, Lot 1B, Amended Plat of Lot 1, Goose Creek
Subdivision
Dear Commissioners,
Attached please find a copy of the letter we submitted to the
Planning and Zoning Commission on May 28, 1998. We feel that all
the information in this letter is very important and we hope you
will take it into consideration.
Mr. Murray has started excavating for construction on this
property and is experiencing the extremely high water levels on his
land. This substantiates many of the concerns voiced at the
original subdivision hearings and is one of the reasons that the
commissioners concluded the importance of limiting the zoning to
one residence per 10 acre.
We are both fully aware of the lower income housing shortage
in the Roaring Fork Valley and we understand the importance of
including such housing, where it is appropriate. However, because
of the many arguments against additional usage that we have
mentioned, the Special Use Permit for this property should be
denied.
We are unfortunately not going to be able to attend the
meeting on August 10th, and hope that the information we have
provided is sufficient for denial.
Sj4 .erely
i2
Gary and Lisa Carmic ael
DAVID MURRAY BUILDER
9709274624
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