HomeMy WebLinkAbout4.0 BOCC Staff Report 05.20.2002REQUEST:
APPLICANT:
ENGINEER:
LOCATION.
WATER:
SEWER:
ACCESS:
BOCC 5/20/02 - KL
PROJECT INFORMATION AND STAFF COMMENTS
A request for review of the Brock Exemption from
the rules of subdivision to split approx. 44 acres into
three {3) parcels
EXISTING ZONING:
ADJACENT ZONING:
Beth E. Brock
Colorado River Engineering
Parcel lies southwest of Rifle on Taughenbaugh
Mesa, along County Road 321. Section 19,
Township 6 South, Range 93 West. Also known as
0631 CR 321.
Shared well with storage
Individual sewage disposal systems (ISDS)
CR 321
A/R/RD
A/R/RD Agricultural/ Residential/ Rural Density
I. RELA TIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000 this site lies in the City of Rifle's 2 mile
sphere of influence. The recommended density is no more than one dwelling unit per 2 acres.
II. DESCRIPTION OF THE PROPOSAL:
A. Development Proposal: The applicant proposes to divide approximately 45 acres into three
parcels of approximately 5, 5, and 34 acres each.
B. Adjacent Land Uses: Agricultural and residential land uses surround the site.
C. Applicability: Section 8:10 allows the Board of County Commissioners the discretionary
power to exempt a division of land from the definition of subdivision and, thereby, from the
procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption
will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to
the general public welfare.
Page 1 of 6
III. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agencies for comment:
A. Garfield County Road & Bridge: See referral sheet, page 1 . The only concern is
poor visibility, which can be corrected at time of issuance of an access permit.
B. Public Comment A letter in support of the application from ERTL Entei ises was-
received
asreceived on 3/18/02. The letter is written by the property owner to the west and north of
the subject -property. f6,
IV. MAJOR ISSUES AND-CONCERNS:-
A.
ND-CONCERNS:A. Subdivision -Regulations. Section 8.52 of the -Garfield County Subdivision Regulations
states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be
created from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorder's Office on January 1, 1973, and is not a part ofa recorded subdivision;
however, any par-cel -to be divided by exemption that is split by a public right-of-way (State
or Federal highway, County road or railroad) or natural, feature, preventing, joint use of the
proposed tracts, and the division occurs along the public right-oJ--way or natural feature,
such parcels thereby created may, in the discretion of the Board, not be considered to have
been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five
(35) acres or greater in size, created after January 1, 1973, will count as parcels of land
created by exemption since January 1, 1973."
The parent parcel was about 44 acres in size in 1964 (see Book 360, Page 84) from which no
exemption splits have occurred. If this request is approved, the property may still qualify for
one (1) more split via exemption under the current regulations.
B. Comprehensive Pian: The proposed densities appear to be consistent with the
comprehensive plan.
C. Zoning: It appears possible to meet the A/R/RD zoning requirements on the proposed
lots. A single family dwelling is a use by right in the A/R/RD zone district. Accessory
uses are allowed if they are agriculturally related uses. The applicant should be aware of
the following zone standards:
Minimum Lot Area: Two (2) acres.
Maximum Lot Coverage: Fifteen percent (15%).
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50)
feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street
Page 2 of 6
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty -five -(25) feet from rear lotline;
(3) Sideard: Ten (10) feet, from side lot line, or one-half (1/2) the height of the principal
building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feet.
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
D Soils/Topography:
The soils information indicates that two (2) major soil types exist in the area of the new 5
acre parcels: the Potts loam, 36%/0 slope (#55), and the Potts loam, 6-12% slope (#56).
These soils are limited by low strength, shrink -swell potential, and in some cases, slope.
Septic tank absorption fields are severely limited by slow permeability this soil.
E. Road/Access: The application proposes access directly from the adjacent County Road
(#321). The applicant must obtain either a new or expanded access permit from the
Garfield -County Road and Bridge Department. In addition, any recommendations made
by said Department regarding safety improvements must be adhered to as part of that
permit process.
F. Water: Section 8:52 D of the Subdivision Regulations states the following:
The Board shall not grant an exemption unless the division proposed for exemption has
satisfied the following criteria: Provision has been made for an adequate source ofwater in
terms of both the legal and physical quality, quantity and dependability, and a suitable type
of sewage disposal to serve each proposed lot;
The source of domestic water supply will be a shared well. The application contains a copy
of an approved well permit for the property (#234323). The well permit allows for the use
of groundwater for fire protection, ordinary household purposes for up to three (3) single
family homes, the irrigation of up to one acre, and the watering of domestic animals (an
amendment to the original well permit was approved increasing the domestic water from one
to three household units).
The application contains a water supply report prepared by Colorado River Engineering
dated 12/27/02. The report contains a summary of the estimated monthly water demand,
physical supply, and water quality information. Based on the above information, the
proposed water supply appears to be legally and physically adequate. As long as the
applicant follows the recommendations of Colorado River Engineering's report as a
condition of approval, staff does not have any water related concerns.
G. Fire Protection: The Rifle Fire Protection District provided a letter of comment dated
Page 3 of 6
5/21/01. The letter states that the subject property does indeed lie within the RFPD and no
special problems for fire protection are noted.
The letter also includes 3 specific recommendations concerning the posting of addresses,
access, and defensible space. As long as the applicant follows the recommendations of the
Rifle Fire Protection District in their letter dated 5/21/01 as a condition of approval, staff
does not have any fire protection concerns.
H. Wastewater: Individual sewage disposal systems (ISDS) are proposed for each lot. The
Colorado Department of Health setback standards apply. If an HOA is formed, the
covenants should contain a detailed ISDS maintenance plan.
i. Assessment / Fees: The applicant will be required to either dedicate a portion of the gross
land area for open space, parks, or schools, or pay fees in lieu thereof. The current fee is
$200 per each newly created parcel (Section 9:80 of the Subdivision Regulations). The
property owner should be aware that the current agricultural valuation status of the
property will change following subdivision.
J. Shallow Utilities: New utilities shall be buried.
K. Ditches: Easements shall be provided for all existing and proposed ditches.
V. STAFF RECOMMENDED FINDINGS
1. That proper posting, publication, and public notice mailings were provided as required for
the meeting before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption has been determined to
be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application has met the requirements of the Garfield County Subdivision Resolution
of 1984 a.a. Section 8:00, Exemption.
VI. RECOMMENDATION:
Staff recommends APPROVAL of the Brock Exemption Application for three (3) lots with the
following conditions:
1. That all representations of the applicant, either within the application or stated at the
Page 4 of 6
meeting before the Board of County Commissioners, shall be considered conditions of
approval;
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, 25 ft. wide access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. That the applicant shall have 120 days (until 8/8/02) to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption,
unless an extension of time is requested by the applicant and approved by the Board;
4. That the applicant shall submit the applicable School Site Acquisition Fees ($400.00) for
the creation of the exemption parcels prior to approval of the exemption plat;
5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of
Health standards shall be complied with.
6. The recommendations made in Colorado River Engineering's report, dated 12/27/01, shall
be followed. The well sharing agreement shall be provided prior to final approval of the
exemption lots.
7. Only one access from the County Road shall be provided, and an access permit shall be
obtained from the Road and Bridge Department for the access; All Road and Bridge
recommendations made in the access permit shall be followed;
8. All recommendations made by the Rifle Fire Protection District in their letter dated 5/21/01
shall be followed.
9. That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances".
"All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries".
"Any new buildings shall avoid areas of natural drainage. Natural drainages shall be
Page 5 of 6
preserved to the maximum extent possible."
"Colorado is a "Right -to -Farm State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of_Garfield County's, agricultural operations as a normal and necessary aspect of living in
a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a legal and
non -negligent agricultural operations."
"All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & SmaII Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County."
Page 6 of 6
.L J f 00 f 060'+0
Name of appy ation:
Sent to;
I-' n 1.
CE[vE FEB 2 0 -
GARFIEL) COUNTY,
Building & Planning Department
Review Agency Form
Date Sent January 28, 2002
Comments Due: February 28, 2002
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the vent you are unable to respond by February 28, 2002. This form may be used for
your response, or you may attach your own additional sheets as necessary. Written
comments may be mailed or faxed to:
General comments: C• o
l.5 5
This review agency recommends (circle one) Approval Denial
The following are suggested conditions of approval, or are the reasons for denial:
RPviawl I /Rlllttn
I
Exit &de'tp'tL3C6
Jann and Jan Ertl
17084 Goose Lane
Caldwell, ID 83607
March 14, 2002
Planning Department
Garfield County
109 8th Street, Suite 303
Glenwood Springs, CO 81602
Dear Sirs:
Phone: (208) 454-2703
Fax: (208) 454-2704
Ertlertl(a.cs.com
Regarding: Subdivision exemption for Beth Brock, 0631 County road 321, Rifle,
Colorado.
I highly recommend that Beth Brock be granted a subdivision exemption and allowed
to spit her 45 acres into three parcels of approximately 35 acres, 5 acres and 5 acres.
I own the land bordering Beth Brock to the west and north.
Sincerely,
Jami Ertl
RECEIVED MAR 1 8 2002
SENT BY: RIFLE FIRE; 970 625 2963;
JAN -21-02 10:14AM; PAGE 2/2
RIFLE FIRE PROTECTION DISTRICT
January 10, 2002
Beth Brock
0631 County Road 321
Rifle, Colorado 81650
Reference: Subdivision exemption
Miss Brock,
The Rifle Fire Protection District has recently reviewed your proposed subdivision
exemption. It is the Districts understanding that your proposal is to take one parcel of
approximately 40 acres and create three parcels, one of approximately 30,28 acres, one of
approximately 4.599 acres and one pf approximately 5.538 acres_ The District further
understands that the proposed uses of the parcels will be residential.
The property is within the boundaries of the Rifle Fire Protection District and fire and
emergency medical services are provided to the area by the District, The District
approves of the exemption but would make the following, recommendations:
1. Posting of address: addresses are to be posted where the driveway intersects the
County Road. If a shared driveway anrangement is used, the address for each
home should be posted to clearly identify each address_ Letters are to be a
minimum of 4 inches in height, '/2 inch in width and contrast with background
colors.
2. Access roadways: driveways should be constructed to accommodate the weights
and 'turning radius of emergency apparatus in adverse weather conditions.
3. Defensible space: combustible materials should be thinned from around structures
so as to provide a defensible space in the -event of a wild land fire_
4. It should be noted that water supply in the area is limited and fire flow capabilities
would likely not be available to extinguish a fully involved structure fire. The
proposal does however meet the District's minimum requirements of having an
approved water supply within two miles.
Thank you for your cooperation and feel free to contact me if I can be of further
assistance.
Sincerely,
Mike Morgan
District Chief
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81850
RC r -
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, the
undersigned 134-11 e, ,6 t CL respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of
49, 37 r acre tract of land into .3 tracts of
approximately ) 4 j. 3a.C1E0 Lr r,X59 Loi -3 ,61V6es each, more or less, from the definitions
of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-
28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below:
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access to
a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities; and
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and
geographic relation of the proposed exemption to the surrounding area within two (2)
miles, for which a copy of U. S.G.S. quadrangle map may be used; and
C. Copy of the deed showing ownership bb the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within
200 feet of the proposed exemption, mineral owners and lessees of minerals owners
of record of the property to be exempted, and tenants of any structure proposed for
�I- conversion; and
E� Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewa a disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community or municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve; and —
H. Narrative explaining why exemption is being requested; and
1.
It shall be demonstrated that thep arcel existed as described on January 1, 1973 or the
parcel as it exists presently is one of not more than three parcels created from a larger
parcel as it existed on January 1, 1973.Qe.
J. A $300.00 fee must be submitted with the application.
063i
Mailing Address
Go (/6 SZ)
City State
97o /V ti1k (qe-- 767,3
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land from
the definition of subdivision and thereby from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board shall make exemption
decisions in accordance with the requirements of these regulations. Following a review of the
individual facts of each application in light of the requirements of these Regulations, the Board may
approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at
a minimum, all of the review criteria listed below. Compliance with the review criteria, however,
does not ensure exemption. The Board also may consider additional factors listed in Section 8:60
of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County Clerk
and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as
it existed on January 1, 1973, must have been 35 acres or greater in size at that time and
not a part of a recorded subdivision; however, any parcel to be divided by exemption that
is sklit by a public right-of-way (State or Federal highway, County road or railroad),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, such parcels thereby created may, at the discretion of the Board, not be considered to
have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling
unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
2.
BROCK EXEMPTION
Friday, December 07, 2001
SETH E. SROCK RECEIVED DEC 0 2001
0631 321 ROAD
RIFLE, CO. 81650
(970) 625-4914 Work (970) 248-7073
GARF I tW COU N i Y FLAN NI ING
ATTENTION. KIT LYON and GARFIELD COUNTY COMMISSIONERS
109 8TM ST. SUITE 303
GLENWOOD SPRINGS, CO. 81601
ENCLOSED IS A PETITION FOR EXEMPTION OF THE BETH E. BROCK PROPERTY LOCATED
SOUTHWEST OF RIFLE CO. W % SEC. 19, T.6 S., R. 93 W., 6". P.M. WITH YOUR PERMISSION I WOUL4
LIKE TO DIVIDE MY 40 ACRE PARCEL INTO THREE LOTS. KEEPING 30 ACRES FOR MYSELF AND MY
t O DAUGHTERS KATIE AND LEANN BROCK I'M DIVIDING THE PROPERTY IN THE BEST WAY 1 KNOW
IN ORDER TO PAY THE AMOUNT OWED TO RANDALL BROCK MY X -HUSBAND AND RETAIN A PORTION
OF THE LAND AND OUR HOME. I HAVE SEEN WORKING WITH CHRIS MANERA, P. E. AND TOM STUVER
P.G. 1 REALIZE I WILL HAVE TO MAKE SOME IMPROVEMENTS AND SPEND MORE TIME AND MONEY TO
MEET THE COUNTY'S REQUIREMENTS. I WORK IN THE RIGHT OF WAY UNIT, FOR THE COLORADO
DEPT. OF TRANSPORTATION IN GRAND JUNCTION AND HAVE LIVED IN RIFLE ALL OF MY LIFE. 1
RrLIZCTGR jvv`T FI*v€rjrTHE vJwvtV I TY. 1 o LFcvc i HAVE MADEDE n GOOD START
PUTTING TOGETHER DATA FOR THIS PROCESS AND ALSO REALIZE THERE I5 MORE TO DO. PLEASE
FEEL FREE TO CALL ME AT WORK OR HOME .
SINCERELY,
REcEivED
JAN 252002
BROCK EXEMPTION
0631 321 Rd.
RIFLE, COLORADO 81650
(970) 625-4914 WK. (970) 248-7073
Dear Kit,
Here is my response to your letter. Dec. 18, 2001.
1. I have enclosed a copy of my draft exemption plat showing the
revised drawing, including the 5 acre parcel to the north.
I have also enclosed a copy of the original deed to the property.
2. The property owner to the north of me is Jann Ertl. His property
also is to the west. I'm sending the Tax Mill Levy statements
showing the owners within 200' of the proposed exemption.
3. Enclosed are 2 copies of the letter from the fire district with lot
changes included.
4. Enclosed are 2 copies of the signed and stamped Water Supply
Report.
Hope to hear from you soon.
Sincerely,
50' R. 94 W. R. 93 W. (NOR MAMM PEAK)
Nat IV NE
.5
E." 4,!11
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.4., THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
('t FOR SALE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
SCALE 1:24 000
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 KILOMETER
CONTOUR INTERVAL 40 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
1 MILE
Subm .[1(1) �eE�; ren,wA+ B.
EIGEIVE.0
•COLORADO
20111.Primary highway,
hard surface__..,.__
Secondary highway,
hard surface____. Un
QInterstate Route Q U. S.
ROAD CLASSIF
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QUADRANGLE LOCATION
Revisions shown in purple compiled from aerial photographs
taken 1979 and other source data. This information not
field checked. Map edited 1982
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COLORADO
RIVER
ENGINEERING, INC.
RECEIVED
JAN 2 5 2002
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
December 27, 2001
Beth Brock
631 CRD 321
Rifle, CO. 81650
RE: Brock Subdivision — Water Supply Report
Dear Beth:
The purpose of this letter report is to present and summarize Colorado River Engineering,
Inc.'s investigation concerning the available water supply for the proposed subdivision of the Brock
property. We have also made recommendations on improvements to develop the water system. As
shown on the attached General Location Map, the property is located in the SW1/4 of the NW1/4 of
Section 19, Township 6 South, Range 93 West, of the 6th P.M. on the Taughenbaugh Mesa
southwest of the Town of Rifle, in Garfield County, Colorado. The property is approximately 44
acres (Parcel A & B) and the proposed subdivision will divide the property into three lots consisting
of approximately two five -acre lots and one 35 -acre lot. The source of water for the three lots will
be from an existing well. Presently, the well supplies an existing 11,000 -gallon storage tank, which
is used to deliver water to the existing home located on Lot 1. The pump in the well is turned on
manually to fill the tank. A booster pump inside the house provides additional water pressure.
Background
Taughenbaugh Mesa overlooks the Colorado River to the north and is bordered on the west
and east by Beaver Creek and Helmer Gulch, respectively. The mesa typically consists of sloping
(approximately six percent) hay pastures irrigated by water diverted from Beaver Creek.
Each lot will consist of one single-family dwelling unit with limited water use for outside
irrigation of lawns and gardens. The three lots will share the water supply from the existing well
that is registered as an exempt well with the Colorado Division of Water Resources under Permit
No. 151226 (attached). The water use for the exempt well is limited to a maximum pumping rate of
15 gallons per minute (gpm), ordinary household purposes inside three single-family dwelling units,
not more than one acre of lawns and gardens, and watering of domestic animals. Wastewater from
each dwelling unit will be treated using individual sewage disposal systems.
Water Demand
Per Garfield County subdivision regulations, the in-house water demand for the subdivision
was estimated assuming the water usage for each dwelling unit would average 350 gallons per daffy.
To promote water conservation, we recommend that each lot be limited to not more than 6,000 ft of
1
lawn and garden to be irrigated from the well. The resulting 18,000 ft2 of total irrigated area is
substantially less than the one -acre (43,560 ft2) allowed pursuant to the well permit.
Table No.1 provides a summary of the estimated monthly water demand for the proposed
subdivision. The average annual water demand is estimated to be approximately 2.27 acre-feet with
a peak usage rate of 2.6 gpm occurring during the month of June. The instantaneous peak water
demand from the proposed three lots could exceed the 15-gpm pumping limit for the exempt well
permit. As such, the existing water storage tank and booster pumps will be required to meet the
peak water demands. A letter from the Rifle Fire Protection District dated May 21, 2001 does not
mention any water storage requirements for fire protection. We recommend that access to the
storage tank adjacent to county road 321 be maintained in the future to aid in fire protection.
The subdivision plat should identify easements for access to the water supply system
including the well, storage tank, and water supply lines. Additionally, since the three lots will share
a single well, a legal, well -sharing declaration should be developed which discusses all easements
and costs associated with the operation and maintenance of the water supply system and who will
be responsible for paying these costs and how assessments will be made for these costs. The
subdivision plat and/or the well -sharing declaration should identify the 6,000-ft2 lawn and garden
area limitation.
Available Physical Water Supply
The existing well was permitted May 19, 1988 and was drilled to a depth of approximately
160 feet. The well construction log indicates that the primary water -bearing portion of the aquifer is
at a depth of 80 feet and consists of volcanics, clays, and, rock material overlying the Wasatch
Formation. Groundwater present in the aquifer is replenished from natural precipitation and
predominantly by deep percolation of irrigation water.
A 13 -hour pump test of the well was performed on August 27, 2001. During the pump test
groundwater was withdrawn from the well at a rate of about 3.5 gpm. The resulting water level
drawdown and recovery data are summarized in Table No. 2 (attached). The initial static water
level was measured at 70' — 9" and provides approximately 89 feet (160 ft. — 71 ft.) of drawdown
capacity. After approximately 13 hours of pumping the well, the water level dropped about 8.8 feet
or approximately 9.9 percent of the available drawdown capacity. Pumping was terminated after 13
hours and measurement of the water level recovery continued for 36 hours. As shown in Table No.
2, after approximately 36 hours the water level recovered to its initial static level. Figure Nos. 2 and
3 graphically illustrate the results of the drawdown and recovery tests, respectively. Based on the
magnitude of drawdown and the recovery performance of the well the yield of the well exceeds 3.5
gpm test rate. As such, the well yield is capable of meeting the proposed subdivision's average
peak monthly demand of 2.6 gpm.
2
The ability of the well to sustain a reliable year round water supply is a function of the
recharge to the aquifer, the extent and thickness of the aquifer, and other groundwater withdrawals
from the aquifer. It is our opinion that the well will provide a reliable sustained water supply to the
proposed subdivision based on the large aerial extent of the Taughenbaugh Mesa, the substantial
storage capacity of the underlying aquifer, the recharge of irrigation water, and minor well
development within the mesa
Water Quality
The water system will serve a maximum of three houses and does not classify as a
community water system. As such, the system will not be subject to rules governed by the Health
Department pertaining to water treatment and system design overseen by a Professional Engineer.
The safety of the waters supply will be the responsibility of the lot owners. As part of the
subdivision exemption process Garfield County requires that water quality tests be performed for
bacteria, nitrates, and total dissolved solids.
Water samples were taken from the existing home. Results of the water quality analysis are attached
and presented below:
• Nitrate 0 mg/1
• Nitrite 0 mg/1
• Dissolved Solids 796 mg/1
• Total Coliform Bacteria zero
The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines.
The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary
standard established by the health department and reflect aesthetic qualities of the water supply. The
dissolved solids do not pose any health risks and the amount detected is representative of other groundwater
supplies in this area of the state.
Water System
The water system will consist of the well filling the storage tank. The existing home (lot 1) will
utilize the existing supply line from the tank to the home and in-house booster pump. The future
owners of Lot 2 & 3 will be responsible for extending a common water pipeline to the shared lot
lines. Each lot owner will be responsible for the water line to each house and booster pump to
provide adequate pressure. The attached Figure 4 is a schematic of the proposed system.
We recommend that the following improvements be made to the water system in order to provide a
reliable water supply to all three lots.
1. The pump in the well should be replaced and have a capacity of at least 7 gpm. A
licensed pump installer should complete the improvements. The area around the
wellhead should be fenced to keep horses and livestock away.
3
2. A new pipeline should be constructed from the well to the storage tank. The pipeline
diameter should be a minimum of 1-1/2 inches.
3. Level controls should be developed in the storage tank and the well pump wired
electrically to fill the tank automatically. The storage tank should be disinfected
after any improvements.
Summary
The shared well for the proposed subdivision will be limited to the permitted uses as defined
by the exempt well permit. The well will provide a reliable sustained water supply to meet the total
water demands of the proposed subdivision. The following summarizes recommendations
presented in this report:
1. The subdivision plat should identify easements for access to the water supply system
including the well, storage tank, water supply line to the tank, and supply line to lots 2 & 3;
2. A legal, well -sharing agreement should be developed which discusses all easements and
costs associated with the operation and maintenance of the water supply system and who
will be responsible for paying these costs and how assessments will be made for these costs;
3. The well -sharing agreement should also identify water uses for each lot are for one single-
family dwelling unit and limited to 6,000-ft2 of lawn and garden area;
4. Improvements to the water system including the new well pump, supply line, and regulating
controls should be completed;
5. The cost and construction of water supply lines from the regulating tank to each individual
lot including any necessary booster pumps will be the responsibility of the individual lot
owner or owners.
If you have any questions or need additional information, please call.
CM:cm
WtrSplyRpt.doc
Sincerely,
Chri topher Manera, P.E.
4
z
0
N
1-4
L�Id 91:ZZ:ZO I0/LZ/Zt `3,tippenb\% S\Zll spa[OJd PARI\.O
Form
No. •
GWS -ii
4/99
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1Z13 Sherman St.. Denver, CO 80203
(303) 866-3581 Fax (303) 866-3589
For Office Use Only
r>t ''
REC' ,.
Y RECEIVED
CHANGE IN OWNERSHIP/ADDRESS
OF THE WELL LOCATION
AUSCORRECTION
�' ��� AUC 3 1 ZOO
Insert the Well Permit Number /5/ 3,2-(P
WATER Fi€scx;.,c WATERRESAt1NCE$
STATE ENG:NtE1i ENGINEER
OtE STATECOM
Name, address and phone of the person claiming ownership of the well:
NAME(S) i aoe,x
Cv
/
Mailing Address , ! 3.f/ /
If your well has an absolute water right, decreed
by the court -and the well is not registered with the
�i
City, St. Zip. %/= L9 D /�./0
State Engineer, Enter the Water Court Case
Number / Civil Action Number and well number
.( ?// WK g7o(2qSr- 7o73)
as decreed. •
•
Phone /moi 1 "-
—_.. --- — -._._
1.
This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above.
This filing is made pursuant to C.R.S. 37-90-143. .
WELL LOCATION: County,}ieE7�/b Owner's Well Designation
(Address)
of the 114, Sec. /9 Twp. iS 0 N. or
(City)
S., Range
(State)
E. or a
(Zip)
W., P.M.
.9d1/4 ,,
Distance from Section Lines Ft. From
N. or
_
S , • Ft. From
E. or 7 W. Line.
Subdivision Name Lot , Block , Filing/Unit
•
The
amended
May
above listed owner(s) say(s) that
for the following reasons:
Correction of location for exempt
17, 1965. Please see the reverse
he,
wells
she (they) own the well described
Change in name of owner
permitted prior to May 3,
side for further information regarding
1972
herein. The existing record is being
Change in mailing address
and non-exempt wells permitted after
correction of the well location.
1 (we) claim and say that 1 (we) (are) the owner(s) of the. well described above and that the commencement of
extraction of ground water from this well, lawfully rnade under the well permit, occurred on the date indicated, and
that the statements made herein are true to my (our) knowledge.
Please print the Signer's Name & Title
L--.
Signature(s) of the new owner.
00 \'7 ....„
Date
,e967,4, ze:A_
C,
‘V7 4/
It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an
original letter of agency signed by the owner is attached to the form upon its receipt.
For Office Us:. Only
ACCEPTED AS A CHANGE IN OWNERSHIP
AND/OR MAILING ADDRESS.
711:tg Z • ')41 Q '' 7-671
State Engineer
By
Date
1
WJR-25.77
THIS FORM MUST BE,SUBMITTED
WITHIN 60 D(+YS OF COMPLETION
OF THE WORK DESCRIBED HERE-
ON. TYPE OR PRINT IN BLACK
INK.
WELL OWNER Randzl] Trork
COLORADO DIVISION OF WATER RESOURCES
1313 Sherman Street - Room 818
Denver, Colorado 80203
WELL COMPLETION AND PUMP INSTALLATION REPORT
PERMIT NUMBER _ 151226
SW Y. of the
RECEIVED
SUN 201988
Rii0t1RC12
SZlir. [HMV
NW Y. of Sec 19
ADDRESS 0631 321 Rd Rifle, Co. 81650 T 6 s R 93 w 6 P M
DATE COMPLETED
WELL L
6/6
19 88
From
To
Type and Color of Material
Water
Loc.
0
160
1
r- Use•3dditional
Volcanics, Clays, Rocks
TOTAL DEPTH 160
80+
pages necessary to complete log.
HOLE DIAMETER
9 in from
i
6s in from
0 to 27 ft
27 to 140 ft
5 in from 1140 to 160 fI
DRILLING METHOD Air Rotary
CASING RECORD: Plain Casing
Size 7 & kind Steel from 0 to �7 ft
Size 5i & kind Steel from 20 to 80 ft.
Size
Size 52
& kind from
to
ft.
Perforated Casing
& kind Steel from $0 to 140 ft
Size & kind from
Size & kind from
GROUTING RECORD
Material Cement
Intervals
to
to
ft
ft
10-20
Placement Method Gravity
GRAVEL PACK: Size
Interval
TEST DATA
Date Tested
6/6 , 19 88
Static Water Level Prior to Test 7�
Type of Test Pump kir Compressor
ft
Length of Test 2 hours
Sustained Yield (Metered)
'3
Final Pumping Water Level total
1
PotI•INSTALLATION REPORT
Pump'R?`ake
Type
Powered by HP
Pump Serial No.
Motor Serial No.
Date (nstal(eo
Pump Intake Depth
Remarks
WELL TEST DATA WITH PERMANENT PUMP
Date Tested
Static Water Level Prior to Test
Length of Test Hours
Sustained yield (Metered) GPM
Pumping Water Level
Remarks
1,�
oras DEPTH
0
•
:SW
1'4
w 3 J WATER
w } TABLE
J Q
s N
i
CONE OF
DEPRESSION
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or
pump installation described hereon; that he has read the statement made hereon; knows the content
thereof, and that the sam s true of his own wledge.
Signature /f License No Jo
i
State of Cotorado, County of IoJ (.J SS
Subscribed and sworn to before me this _ day of 19 21.
My Commission expires:�/"" ,,�� I Z/2 G , 19 P7
Notary Public 1 4. .22297
,0 ie.rd
FORM TO 8E MADE OUT IN QUADRUPLICATE: WRITE FORM must be an original copy on both sides and signed.
WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY, is for the Owner and YELLOW COPY is for the Driller.
(5) THE LOCATION OP THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below,
( section, 640 acres) for the well location,
I 1
'{ --- 1 MILE, 3290 PEET }i
+ -i--
NORTH SECTION LINE
� I I
z i
0
SOUTH SECTION N E
(
—}-
-�- -- - - 4 - -
•
The scale of the diagram is 2 inches = 1 tulle
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Roun
An ecre•foot covers I acre of land 1 f ded Figurer,)
1 cubic foot per secondgot deep•
A family Of 5 will require 449 gallons per minute (9pm)
1 acre-foot , , , re approximately 1 acre•faot of watt! per
1,acr 43,560 cubic fCrg , , , 325,900 gallons; • Year.
Spm pumped continuously for one day produces 4.42 ecre.feet,
(10) AND •N WHICH R.UND WATER
rn
T
• Owner(s): � .... ED'
Legal description! WNo. of acres:
LTr
y 1)G E T A l l E n n I-1S?1Yof the use of ground
system to be used, water: Household
Dourest C Use with use end domestic wells must indicate
state anti county approved Septic and leach field.of disposal
Lc L: u9 99 23:22 No.002 P.03
(6) THE WELL MUST BE LOCATES E 1
by distances from section lines,
----- ft. frorrt
(north or south) sec, fine
00 ft, from ,Q5 T
(east Or w SBC, Ilse
B
est)
LOT ( 'pLOCK
�._FILING,���,
SUBDIVISION
(7) 7RAON kVH) H VVELt wit 1
LOC ED 8
OGyrter;'° �a dell Brock
No. of acres !
ti .Will this be
the only well on this t�act7 eg
(8) PROPOSED CASING PROGR
Plain Casing
( ---Z_ In. from 0
ft. to _2i_ ft.
1
in, from
-f in.
casing
in. from 15 0 ft.to 200 ft.
+ in. from
ft, to t,
(9) FOR REPLACEMENT
and direction from old well and plansf pr lugging
it: egging
(12) Q111. $- c 4. .,..f Laid.0
Type or right
used on this land, including wells. Give Registration and Water Court Case Numbers.
Used for (purpose) •
Description of land on which used
(13) THE APPLICANTS) STATE(S) THAT THE INFOF{ TION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE,
.A
SIGNATURE Of APPLlCAN
S)
Use additional sheets of paper if more space is required.
Table No. 1
ANNUAL
:?.f
r
0
T•••
N-
N
N
r
%...
:.
wii
CO
r
r
CO
I.
«
0,..;
CO
Ili
0
`
::r
0
o
0
0
o
006'0
O
•j+'
'r<0
'
o
0
o
0
0
0
o
0
r
0
1•
11111
{+'O
S:f+i7
000'0
0
N.
0
�•
:s0
0
O
0
OCT
:.;
p
r
0.0521
0.1521
r
#
„;.
0
0
r
0
r
0
1 0.4
'•''i`
O
O
r
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0
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O
O
O
C0
O
CO
O)
:'
` ?
O
'
00
N
O
CO
O
•
..'111
;:>;
0.2431
t
O
>%#:
0
O
r
O
N
O
0.0971
0.2531
0.3501
CO
CV
,>:
%>,
;'
0
C.) -
N
p
0.212
CO
r
MAY
:
O
p
r
0.207
h
0
Cc)
CV
CV
,•
"r'•+.:
O
r
O •r
1.0
CO
•
0.175
M
r
cz
<
,40
` •
1`'%
N.
0
0
CO
0
0
C7
0
r
' `;%
<
00
0
M
0
N-
0
V.
o
MAR
•
0
O
a
00
p
O
0
O
r
0
7-71:71
%z
%%?
•`'•'•?>#
:
O
r
O
00
0
0
0
O
r
0
0
.-
•
O
FEB
0.090
--(71:(70-61.
0.090
'6171
{r<i
1.
0.009
00
0
0.009
O
Z
Q
::;;::;%{:
k:<:::>
O
0_
O
0
O
°
1-•-•
p
••:.o
f"%<?
O
0
0
0.010
r
p
"mss
Residential In-house ac -ft
ILawn irrigation ac -ft I
Totals ac -ft 1
E
. € <NEMEN
Residential In-house ac -ft
Lawn irrigation ac -ft
(Totals ac -ft
E
Q
R
0
eQ
3
0
0
1
0
a
w
N
as
0
3
w
0
E
N
Residential
>. N
D = R)
E 0
CD
L r
N
a
0)ou)
CO O 00
co too c000
No. of Residences
N
N
OO T
N O C)
7
N C a)
«s 73
>3.`.
Q, Q
N E V O
ON fC c
t c a) a)
O L
0
N
O
N
J
N
Z
0
W
0
0
Z
F_ 0
0O
a
W
c
z
� o
>-
5 O
2
co
W
LL
U `-
O O
O
N
• a)
c
N
N 0
r
c
.0)
LU
`m
�/>�/
LL
0
O
O
0
Table No. 2
Notes
c
0
0
E
D
0
'Pump off
0 ET--.
Q
LL C3)
(0
Cr)
in
N-
Cr)
d-
M
C6
3.53
to
l'.---(00
Cr C6
o
o
Total Time
(hrs:min:sec)
Oo
0 o
O
0:05:00
0:18;00
0:38:00
0:53:00
1:08:00
1:38:00
Oo
o
N
3:08:00
13:03:00
13:11:00
13:16:00
o
N
C")
r-
21;23:00
49:13:00
Total Drawdown
(feet)
oot.om
OO�C\ICOCO(0C0
O
)rl---
N cd c6 M cO
d'
5.08
5.58
8.81
8.81
5.83
5.67
u)CO
1"---(')
r
Water Level
oLC)
COP---'
— O
7.75
0.00
5.25
5.25
5.00
5.00
10.00
4.00
6.75
6.75
7.00
OOO
000
L1-5(66
(feet)
70
73
74
74
74
74
U7 LO
N-N-rrN-rrr.r
COO 0 CO
CON
O
Time
6:52 PM
6:57 PM
7:10 PM
7:30 PM
7:45 PM
8:00 PM
8:30 PM
9:00 PM
10:00 PM
7:55 AM
8:03 AM
8:08 AM
8:13 AM
4:15 PM
8:05 PM
Date
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
27 -Aug -01
28 -Aug -01
28 -Aug -01
28 -Aura -01
28 -Au• -01
28 -Au • -01
29 -Au. -01
Time - Hours
0
0
N
0
0
0
O
0
N
o
0
Baal - UMOpMEQ
o
0
co
0
0
0
0
0
U �
a 0
— o
� N
o
a)
L �
0
W
0
1.3..
0
0
0
U
Residual Recovery
tit' =Time ofstart of pump test/Time of recovery test
O
O
O
O
7
O O O O 0
O O O O O
r N M rt O
O
O
laaj - umopmeaa
zz•r�ac6u
TOTAL COLIFORM
MOST PROBABLE NO
cr
O
2
O
wO
Cr
U EIE > o
Q. LA
Ci ❑ W
cc
0
n F- p
w
M c0 C5
NO ¢ Z
r- U O ¢ LL
❑O
HL
Op• ❑' p
Q
wcn a
U • } Z a
U) • E. D uj
U
Z M 2
P¢m p ❑❑
Q j a,U
o w '9 ❑
Q w O .
Q n N
} CO m
O Q 0
CCow
OJc>
m o Z
5;-.1t1
m O
0
111
CHLORINE RESIDU
I
a
AN
JOHN C. KEPHART & CO.
J
J
LNf
AT
435 NORTH AVENUE • PHONE: (970) 242-7618 ♦ FAX (970) 243-7235 ♦ GRAND JUNCTION, COLORADO 81501
Received from:
— ANALYTICAL REPORT —
Beth Br c.x:.k
(t.:; c:> :, �. .. 2 1 Road
F't 1 i' l Y.' k CO 21650
242-7073 work
':7305 water
Customer No. Laboratory No. Sample
Date Received 2/20/01
;Amp1e
Nitrate(N)
Ni i.ri tc?'N)
Date Reported
9/27/01.
7305
2/20/01 7:00 AM, sink
0.00
0.00
mg/1
mg/1
Lowest dew'.:ei^.'t. ui 7 .For Nitrate Ni0.01 mg/I, `or Nitrite 0,.01. mg/1,
Method Ems i M D-_3i.�l _.90B.
Ni i . lr L. {.: w e3 :.. awielv7ed 9/1/01r, Nitrite B/20/01.
JOHN C. KEPHART & CO.
|
l-~�\ J
�
\
\
LA
IT
435 NORTH AVENUE PHoNE: (970) 242-7618 • FAX: (970) 243-7235 • GRAND JUNCTION, COLORADO 81501
Received from:
— ANALYTICAL REPORT —
Both Broc�
0631 321 Road
Rifle, CO 81650
248-7073 work
7472 water
Customer No. Laboratory No.
Date Received 9/10/01 o*unq,o�� 9/27/01
`�
Sample
' -
7472
Water sample
received 9/10/01
Total DissoIved Solds 796 mg/1
Method 'EPA 160.1.
Analyzed 9/14/01.
Director: B. Bauer
MI 91:8 ZZO I0/LZ/ZI `S^+P'Penb\b£S\ZJ S1oaloid pllwJ\:O
1
SCHEMATICFIGURE NO.
WATER SYSTEM
Brock Exemption
File #
CRD 321
0
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on b a
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Water Tank
PO Box 1301COLORADO
Rifle, CO 81650 RIVER
Tel 970-625-4933 ENGINEERING
Fax 970-625-4564
Civil Engineering
'Water Rights, Augmentation Plans 6 Groundwater, Well Permitting
•Hydrology, Flood Plain Analysis &Canals, Pipelines, Dams
ccs
on
it
W
Exist. Home
G
OU
b
Driveway �,
N
N O
•--� O Gq
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on
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MI 91:8 ZZO I0/LZ/ZI `S^+P'Penb\b£S\ZJ S1oaloid pllwJ\:O
RIFLE FIRE PROTECTION DISTRICT
May 21, 2001.
Beth Brock
0631 County Road 321
Rifle, Colorado 81650
Reference: Subdivision exemption
Miss Brock,
The Rifle Fire Protection District has recently reviewed your proposed subdivision
exemption. It is the Districts understanding that your proposal is to take one parcel of
approximately 45 acres -and create two parcels, orie of approximately 25 acres, and one of
approximately 20 acres. The District further understands that::the proposed uses of the
parcels will be residential,
The property is within the boundaries of the Rifle Fire Protection District and fire and
emergency medical services are provided to the area by the District. The District
approves of the exemption,but would make the following a reconhien mons:
Posting of address addresses are to be posted where the driy Vfaxy intersects the
c
County Roif a shared driveway arrangement is used, th4'ac c ss for each
home shou,be posted to clearly identify each address. Letters are to be a
minimum of 4 inches in height, 1/2 inch m width and contrast w lh background
:t
colors.;-
2. Access roadways: driveways should be constructed to• accommodate the weights
of emergency apparatus in ,adverse weather conditions.
3. Defensible space: combustible- materials should be thinned from around structures
so as to provide a defensible space in the event of a wildland fire.
Thank you for your cooperation and feel free to contact me if I can beof further
assistance.
Mike Morgan.
District Chief
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
Coo- N.00°1447"W.
* a 2 r N N N M
W G
▪ v, / ,Os r`
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I x00°26'39"E. 1786.31'
x
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ernent
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MAR 4 975
�'� k; ' ' .SRdcoption no....._.2:<:��:l�:i)... Ella •Stcphonc, Reoorder
'il 1 ' WARRANTY DEED y PAGE51,9 k
l ' • , ; ! i
;. '• ! OKEY D. SQUIRES, SR, and ARLIA MAF. SQUIRES
rZ'� whose:street address is . . City (or Town) of
'"''% • �' 1 i ' , County of Garfield . State of
• •
...1;
'e+k Ili 467orado , for the consideration of One Hundred Dollaro and
Eacgr%goadt d valuable consideration, in hand paid, hereby se1;1(>0) and
2conv4 (y0 unto
b1 1 1 t
.y
JOHN D. ROGERS
whose street address is . City (or Town) of.
. County of Garfield , State of
Colorado , the following described real property in the
County of Garfield, and State of Colorado, to -wit: . •
PARCEL A: The1SW 1/4 NW 1/4 (Lot 2) of Section 19. Township 6 South,
Range 93 West of the 6th P.M. Except,that.tract of land conveyed in Book
61 at Page 109.
PARCEL B: A parcel of land 460 feet square located in the SE Corner of
the NW /14 NW 1/4 (Lot 1) of Section 19, Township 6 South, -Range 93 West.
of the 6th P.M.
Together with all ditch and water rigats appurtenant thereto, including
but not limited to, those for the domestic water supply and those in and
to the Taughenbaugh ditch. •
STATE ¢Cte'll:TAAY 1(1
with all its appurtenances and warrant(X) the title to the same, subject
to 19 75 property taxes and assessments, easements, rights of way,
restrictive covenants of record, reservations contained within the United
States patent to the subject property
Signed this II— day of
STATE OF COLORADO )as
COUNTY OF GARFIEL.D )
, 19 75.
(key U. Squ(ires, Sr.
a /
r rliatPl ie bquiresr)
The foregoing instrument was acknowledged before me this S'/ day of
`•Dl%�!r•,F;C /U , 19 75 by Okey D. Squires, Sr. and Arlia Mae Squires,
•
T AZ.
;�• • r
.• 4i'tneas my hand and official seal.
• �L1C;'r.
fr.;;..1.4/3qthiasion cxpirca:
/777
NotiiVublic
•
Reception No 86228
Record.¢
Recorded ae'cloc JUN 1 3 1978
—Y- '51 1 PACE 185
Rade thle 17th RECORDER'g STAMP
THIS DEED,
dy of June
19,78,bet,.ea John D. Rogers
erase Countyer Car field
Colerado,efthe fiestpart, and Georgeler and and/ft/ass,/Lois E. Collyer E. Co1y
whose legal addrer is 0631 County Road 321
•
JUN 1 3 1978
flat eo:lk:wl&1r fEf
t.J0
of the City of RifleCountyef Garfield
WITNESSETH, that the said part of the (/rat and State of Colorado, of the second part:
part, for and in consideration of the sum of
Eighty Thousand and no/100----
• -------- ••-DOLLARg,
to the said part y of chi first part in hand paid by the said parties of the second part, the receipt whereof Ls hereby
confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents doe!
grant, bargain, sell, convey and confirm unto the said parties of the *trend part. their heirs and assigns forever, not to
tenancy io corn sten but in joint tenancy, all the following described lot or parcel of land, situate, lying and being In
tse County of Garfield
and State of Colerade.to wit
A Parcel of land L60.feet square located in the Southeast corner
of the 1'�}1iWi (Lot 1) of Section' 19,
COUNTY
Tosrnsh1OF GARFIELDRaiise 93 West of the 6th Principal Meridian
STATE OF COLORADO
,alaoknown esstreet andnumber • 0631 County. Road 121,:,Rifle, .Colorado
•
TOGETHER with an and singular the hereditament& sad appurtenances thereunto belonging, or in anywi.e
appertaining, the reversion .nd reversions, remainder sed remaiafters, rents, fusses and profits thereof; and an Um
estate. right, title, interest, claim and demand whatsoever of the pa id. part y of the fust part, either is it.*
.. equity,of. in and to the above bargained premises, with the hereditaasenta aed,appurtenaneaa
I TO HAVE AND TO HOLD the said remises above bargained pined sad deecri-`
I said parties of the second part, their heirs and assigns 1bed. y UK ),. nrm'art.y, rata the
m
•. ad his heirs. executors, And the said party or the !fret 'art./or' him
and administrators do escovenant, grant, bargain and agrse to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of, then
presents va s , well seised of the premises •bore conveyed, as of good, sore, perfect, absolute and indefor&Ible
*state of inheritance, in law, in fee simple, and has good richt, fun power and lawful authority to grant, bargain,
•ell and convey the save in manner and form aforesaid, and that the same are free and clear from all form.r and
•otbergrants,►argaias,sales.Ilena,taxes,asseumentandencumbracesefwhateverkindorsutureseevet ..
and the above bargained premises in the gaiet and peaceable possession of the said parties .f the second part, their
heirs and assigns, against all and ever
I the mid part y of the first y parson or pelawfully claiming or to claim the whale or any phrt thereof.part shall and will WARR RANT AND FOREVER D
IN WITNESS WHEREOF the said party of the firs--
seal the day and year first above written. �ii.d�hand • and
11 Signed. Sealed and Delivered in the Presence of
John D. Rogers
[MALI
STATE OF COLORADO -
sa
County .f
Tips toregoiyr inetrusnt wasieknowledged beforethi
h.i
I ..
1/44Iri'commisaiol&spires
t �� 73
;.: O TA r? l'
•
11‘+'• nUD 1.1C �a
me • day of ,/ ti 7
P.
,1f Witness my hand and offieial..aL
h�vZ��f fy,
SEAL/
M.yrr Soar..
%s.131. ■srr.a Para
TT T. level T,•.•i•. _•14111 araIter4 f•sn,i, — —
..sG,ISN noel &inot, P..,.I. C•Lr.e•11111.4•111 —4.711
000K ,OU
1, . mai lu t„ca,.y e the 14 da `�. A. D. la64 at 9: 12e•ctock. NI. �h *-
II ....Pt,. xa. �266r�1,
I _
nt o• ,226604
CIL ti3 Orr Made thio
e Keogan ...
nitgoaDER,
. DW'trTY..
13th day of August in the year of out
one thousand nine bemired and sixty-four between
DICEY D. SQUIRES
of the Comity of Garfield and State of Colorado, of the first part, and
XEY D. SQUIRES, SR. and ARLIA MAE SQUIRES
of the County of Garfield
and State of Colorado, of the second part;
Witnesseth, That the said part y of the first part, for and in coneideration of the sum of
---Ten Dollars and other good and valuable consideration, =QM
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby con-
ferued and acknnwledged, ha s granted, bargained, sold and conveyed, and by these preeenta do es grant, bargain, sell
eonvey and (-opium, unto the said parties of the second part, not in tenancy in comrnon but in joint tenancy, the survivor of
•hen,, their aaaiges and the heirs and aomigns of such survivor forever, all the following described lot or parcel of land
r.h oa4•, lying and being in the County of Garfield and Slate of Colorado, to -wit!
The SWiNWw of Section 19, Tp. 6 S., R. 93 W., 6th P.M., less one acre
for County Road. Also a parcel of land 460 feet square located in the
Southeast corner of the NWiNWk of Section 19, Tp. 6 S., R. 93 W.', 6th
P.K., containing 5 acres, more or less and including a spring. Together
with all improvements situate thereon and all ditch and water rights
appertaining thereto including domestic water. -.
Together with all and singular the hereditaments and appurtenances thereunto belonging, nr in anywise appertaining,
and the reversion and reversions. remainder and remainders, rents, ieauee and profits thereof; and all the estate, right, tide,
interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above
bargnuotd premises, with the hercdilamanta and appurtenances.
To Have and to Hold !he said premises above bargained and described, with the appurtenances, unto the said parties of
the aeennd pert, the survivor of them, their assigns and the beim and assigns of such survivor forever. And the said part y
of the first part, for him eel f , his heirs, executors, and administrators, do es covenant, grant,
bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns
of such survivor, that at the time of the cnoealing and delivery of these presents, he i well seised of the premien
above conveyed, as of grael. Sure, Ia•rfeet, absolute and indefeasible n.,tat• of inheritance, in law, in fee simple, and he a
good right. full power and Inv. ful authority to grant, bargain, sell and convey the arcane In mintier and form aforesaid, and that
the same are free and ••Isar (runt all former and other grants, bargains, sdte, liens, taxa•;, assessments and incumbrances of
whatever kind or nature server,
and the above bargained promisee in the quiet and peaceable poeaeeiion of the said parties of the aecond part, the survivor of
them, their assigns and t n heirs and assigns of such survivor, against all and every person or persons lawfully claiming or
to claim the whole car any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER
DEFEND.
In Witness Whereof, The said part y of the first part bas hereunto set his hand and
Peal the dad and leer first above written.
Signal, Sealed and Delivered in the. Presence of
te
DJSquires
' .. ...(REAL)
(SEAL)
(REAL)
STATS Or COLORADO,
County of .......GARFIELD _..,....
before me this ...... . .13th.
by•..... Okay D. Squires.
Witness my hand and otii 't 1 seal.
My commiaeiou expires.... '
The foregoing instrument was acknowledged
day of Augus.t.... .... , .....6k ...,
19) ./q4
NotaryPapua.
I1 •II nena is olaeial ar reprearntauve capacity, ;asset woe awl aalso omoe or opacity sad ter ashcan aoiYte.
rd. -- `er- re c or. Angus t _-.Y4; -19-64—at: -9 :12 t -A- ; arra# - r-eail3r-d
it
roe ee, _..:
Page
3 a-P-Ravls£U WARRANTY DEED TO JOINT TENANTS --Tb., C F. Hoeakel IIlaak Book t Who. Co.. Davi...Oda
1
1—
Rerepti�n.o_-286229_ —�Ld
`l n JUN 1 3 �� NAGE
Recorded.[ o'clock $, M
_keeorder.i's`� I PAGE 48
187
;, THIS DEED. Made this 1 3th day of June
' • j 19,7S,between John D. Rogers
1...i
of
o
•;
Garfield
of the County of and State of
G ! Colorado, of the Slat part. and George E. Collyer and
p . Lois E. Collyer
• whore leg al addrr.e is 0631 County Road 321
N
: of the Ci tv of Rifle County of Garfield and State of Colorado. of the second part:
M ; • WITNESSETH. that the said puts of the first put. for and in consideration of the sem of
Eieity Thousand and 00/100
RECORDERS STAY'
JUN_ 317'3
still .• ,.
ate
,_, f . to the said part.' of the rant part in hand Mid by the said parties uJthe rotund part, the receipt whereof is hereby
o confes.ed and acknowledged. h■ a [ranted. bargained. sold and runreyed_and by these presents does
o (,'y
DOLLARS. ';.•
grant. bargain. sell. convey and confirm unto the said parties of the second part. their heirs and assigns forever. not in.
�t and beim
.i -� tenancy in common but in joint tenancy. all the following described lot or parcel of land. sit uate.lying [ in
•� the " Countyuf Carl eld and State of Colorado. to wit:
[(� 51:91'1: (Lot 2) Section 19,
i1 Township 6 South, Rance 93 West of the 6th Principal Meridian
no it • iI EXCEPT that parcel conveyed by Book 61, at page 109 .
a • COUNTY OF CARFIELD Ji 0 1978a• •
;I STATE OF COLORADO tfUi ioa�i3
► 1
kti Rs
$On 11 t =
°o '',.RE R -RECORDED TO CORRECT ACKNOWLEDGMENT ....'• -- x.
Recorded
....
jf alwknown aunmet -0631'<Cotroty Road 321', -Rifle, Colorado ,,,
.•.�
1.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise
appertaining. the reversion and reversions. remainder and remainders, rents. issues and profits. thereof: and all the
estate. right. title. ..tuost. claim and demand whatsoever of the said party of the fir,t part. either u law or
equity. of. in and to the above bargained premiaea. with the hereditaments and appurtenances • •- - • •
TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the
`, amid parties of the second part. their heirs and assigns forever. And the said part y of the first part. for him
If seM
lf,.. his„ ire. executors. , covenant. grant. bargain and agree to and with the
said parties of the second part. their heirs acid assigns, that at the time of the enseslint and delivery of thew
1: presents sea S welt seised of the premises above conveyed. as of good. sure. perfect, absolute and indefeasible
it . estate of inheritance, in law. in fee simple. and Aa s good right. full power and lawful authority to grant. bargain.
Isell and convey the same in manner and form aforesaid. and that the same are free and clear from all former and
!i other grant a, bar gains. eales.lwn., taxes, assessment and encumbrances of wh kind or nature sumer.
and the above bargained premises in the Quist andlpeueable possession of the said parties of the second part. their
heirs and a..ogno. against all and every person or persons lawfully claiming or to claim the whole or any part thereof.
the said part V of the first part shall and will WARRANT AND FOREV
IN WITNESS WHEREOF the said part y of the first ha: p`�d and
seal the day and year first above written.
� Signed, Sealed and Delivered in t he Presence of
i
1
D. Roars
STATE OF COLORADO ) -
COUNTY OF GARFIELD )
t� •. tft)
...'•The•..f11'egoing instrument was acknowledged before me this 30th day
f Juno..1978, by John D. Rogers.
•�1•.�t, fly
-My eroffr ssion expires July 23, 1978.
•
nU 3tt.t\ltsf )ny hand and official seal.•
Notary i'
7SEALJ
le
li
Ij
Recorded at AIM 2 4 1986
.Rei 372.1 Of; ALZDORF, RECORDER
RFI€L0 COUNTY OCLOPIAM
DISTRICT COURT, GARFIELD COUNTY, COLORADO
Case No. 85 CV 216-3
gctcaggJ
Brink 690 PacE413
SHERIFF'S DEED UNDER FORECLOSURE DECREE
THE FEDERAL LAND BANK OF WICHITA,
Plaintiff,
vs.
GEORGE E. COLLYER,
LOIS E. COLLYER,
REGIONAL BANK OF RIFLE,
ELLA STEPHENS AS THE PUBLIC TRUSTEE OF GARFIELD COUNTY,
COLORADO„
Defendants,
WHEREAS, on October 28, 1985, a Decree issued from
the District Court of Garfield County, Colorado ordering
that I sell the property hereinafter described and the same
was sold to The Federal Land Bank of Wichita; and
WHEREAS, I signed and acknowledged in duplicate a
Certificate of Purchase and delivered one to the purchaser
and recorded the other in the office of the Clerk and
Recorder of Garfield County, Colorado as Reception No.
367496 in Book 680 at Page 707; and
WHEREAS, The Certificate of Purchase has not been
assigned;
NOW, THEREFORE, I, the Sheriff of Garfield County,
Colorado, in consideration of the premises, have granted and
sold, and do hereby convey to The Federal Land Bank of
Wichita the following property, to -wit:
Parcel A: The SWINWi (Lot 2) of
Section 19, Township 6 South, Range
93 West of the 6th P.M. Except that
tract of land conveyed in Book 61 at
Page 109.
snnK 690 1)4E414
Parcel B: A parcel of land 460 feet
square located in the SE Corner of
the NW$NWI (Lot 1) of Section 19,
Township 6 South, Range 93 West of
the 6th P.M.
Together with 0.075 second feet of
water allowed to flow in the
Taughenbaugh Ditch under Priority No.
34; 0.425 second feet of water
allowed to flow in the Taughenbaugh
Ditch, 1st Enlargement, under
Priority No. 66; 0.06 second feet of
water allowed to flow in the
Taughenbaugh Ditch, 2nd Enlargement,
under Priority No. 123; and 0.24
second feet of water allowed to flow
in the Taughenbaugh Ditch, House and
Elrod Enlargement, under Priority No.
124.
To have and to hold the same with all appurtenances
thereunto belonging forever.
WITNESS my hand this 'day., of
1986.
ER E E. 0 C PE ---
SHERIFF OF GARFIELD COUNTY, COLORADO
By(
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
Deputy
The above and foregoing instrument was acknowledged
before me this 24th day of June , 1986, by
Verne E. Soucie as Sheriff
of 'Garfield County, Colorado.
Witness my hand and official seal.
Notary Pu
Address: 701 Colo Ave. ,Glenwood Springs CO
My commission expires: 06-04-88
2
cO
Recorde
Reception No
'/t"/ o'clock 1 M f1F 9 1985
377366. MILDRED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
CORPORATION SPECIAL WARRANTY DEED
The Federal Land Bank of Wichita
5f r 7U1 ? EE71::
THIS INDENTURE, Made this 15th day of December 19 86 between THE FEDERAL
LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and
GARFIELD
Randall C. Brock and Beth E. Brock, as joint tenants. DEC 1 9 1986
State Doc: Fee
,Kd j'/parties of the second part. $ ' '
WITNESSETH: Thatt e said party of the first part, for and in consideration of the sum of
Thirty Eight Thousand Dollars and no cents ($38,000) DOLLARS,
and other valuable consideration to it in hand paid by the said party/parties of the second part, the receipt whereof is hereby confessed
and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the
said',My/parties of the second part, their heirs, successors and assigns, forever, its title to and interest in the following
described real estate situated in the County of Garfield and State of Colorado to -wit:
PARCEL A
The SWi NW' (Lot 2) of Section 19, Township 6 South, Range 93 West of the 6th P.M.,
EXCEPT that tract of land conveyed in Book 61 at Page 109.
PARCEL B
A parcel of land 460 feet square located in the SE corner of the NW; NW' (Lot 1)
of Section 19, Township 6 South, Range 93 West of the 6th P.M.
TOGETHER WITH 0.075 second feet of water allowed to flow in the Taughenbaugh Ditch
under Priority No. 34; 0.425 second feet of water allowed to flow in the Taughenbaugh
Ditch, 1st Enlargement, under Priority No. 66; 0.06 second feet of water allowed to
flow in the Taughenbaugh Ditch, 2nd Enlargement, under Priority No. 123; and 0.24 second
feet of water allowed to flow in the Taughenbaugh Ditch, House and Elrod Enlargement,,,,'
under Priority No. 124.
TOGETHER WITH all water, water rights, ditch and ditch rights appurtenant to and •u,sed
in conjunction with said property and all irrigation conveyances currently on propgrrtyl.•
SUBJECT TO: Easements, rights-of-way, restrictions, reservations, mineral interests,:
or mineral leases, and any building or zoning restrictions or regulations, and ahjf
discrepancies an accurate survey would reveal.
TO HAVE AND TO HOLD The same, together with all and singular the title and interest of party of the first part in and to the tenements,
hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby
covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises;
and that it will warrant and defend the same unto the R/parties of the second part the i r heirs, successors, and assigns,
forever, against said party of the first part, its successors and assigns, and all and every person or persons whomsoever lawfully claiming
through, by or under it, them, or either of them.
IN WITNESS WHEREOF, The said party of the first part has caused these presents to be signed by thetf octetalkemliikA5mc ictrx
XXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXx)corp /Daticu,MP;t091ttertnERZOt arThe Federal Land Bank of Wichita, a
corporation, by and with the consent and authority of Board of Directors of The Federal Land Bank of Wichita, on the date and year first
above written.
ATTEST:
��Ylvlf:
Sheryl Garne
Form 6333 New 444
Assistant Secretary
4152E 310:012f*1E11MAK>dK.fitAark(]4K
a CrOtliOrrAtft" IlK AttQfr252692h-fRaCX fbK
The Federal Land Bank of Wichita,
a Corporation.
Vi
sident
Bnr 701 P.cE713
ACKNOWLEDGMENT
STATE OF )
SS.
COUNTY OF )
Before me, the undersigned, a Notary Public in and for said County and State, on the day of
19 personally appeared to me personally known and known to me to
be the identical person who subscribed the name of The Federal Land Bank of Wichita, Wichita, Kansas, a corporation, to the foregoing
instrument as President of the Federal Land Bank Association of
a corporation, on beha';; of such corporation, as Attorney -in -Fact for The Federal Land Bank of Wichita, and he being by me duly sworn
did say that he is such officer and that the seal affixed to said instrument is the corporation seal of said corporation and that the same
was signed and sealed in behalf of said corporation by authority of the board of directors of The Federal Land Bank of Wichita, and he
acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of
such corporation, for the uses and purposes set forth and specified therein.
Witness my hand and seal the day and year last above written.
My commission (appointment) expires:
, 19
STATE OF COLORADO )
) ss
COUNTY OF MESA )
ACKNOWLEDGEMENT
Notary Public
The foregoing instrument was acknowledged before me this I5tkday of 1,<_,
1980, by Mike McGinnis as Vice President and Sheryl Garner as Assistant Secrta`r-4f...the:
Federal Land Bank of Wichita, a Corporation.
My commission expires:
My Commission expires 6:10-1930
LL
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COUNTY OF
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No -Public
Address: ,g
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and duly recorded in Book
6-
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00583363.001 (1696x2800x2 tiff)
QUIT CLAIM DEED
Randall C. Brock, for and in consideration of division of marital property and Decree of
Dissolution of Marriage, Garfield County District Court, Case No. 00DR55-B, hereby quit
claims to Beth E. Brock, whose address is 0631 County Road 321, Rifle, CO 81650, all right,
title and interest he has in and to the following real property in the County of Garfield, State of
Colorado, to wit:
PARCEL A
The SW iia NW iia (Lot 2) of Section 19, Township 6 South, Range 93 West of the 6th
P.m., EXCEPT that tract 'Aland conveyed in Book 61 at Page 109.
PARCEL B
A parcel of land 460 feet square located in the SE comer of the NW va NW 1/4 (Lot 1)
of Section 19, Township 6 South, Range 93 West of the 6"' P.M. TOGETHER WITH
0.075 second feet of water allowed to flow in the Taughenbaugh Ditch under Priority
No. 34; 0.425 second feet of water allowed to flow in the Taughenbaugh Ditch, 1"
Enlargement, under Priority No. 66; 0.06 second feet of water allowed to flow in the
Taughenbaugh Ditch, 2ad Enlargement, under Priority No. 123; and 0.24 second feet of
water allowed to flow in the Taughenbaugh Ditch, House and Elrod Enlargement,
under Priority No. 124.
TOGETHER with all water, water rights, ditch and ditch rights appurtenant to and
used in conjunction with said property and all irrigation conveyances currently on
property.
TOGETHER with all, if any, mineral rights appurtenant to said property.
Dated this 2 4. day of June, 2001.
Randall C. Brock
STATE OF COLORADO )
ss.
The foregoing Quit Claim Deed was subscribed and sworn to before me by Randall C.
Brock on this ZG" day of June, 2001.
Witness my hand and official seal.
My Commission Expires: 6' - ' -2c-b/
Return to: Billie Burchfield, P.O. Box 475, Parachute, DO 81635
386
sco. 7 5g°/-
A01.44..WAsa&NPY DEBD.—*The Out W.. Pontin` and Stationery Co., Colorado Springs, Colo.
zbiss rieeb, Made this G. fifrf->Tim
hundred and between -
and State of Colorado, of the first part, aril
and State of Colorado, of the second part:
Witnesseth, That the said par
of the County of
in the year of c
of the first part, for and in consideration of the sum of.___.,
to the said part- ,.....of the first part in hand paid by the said part.:.. .-..of the second part, the receipt whereof is hereby c
ha e-' grant , barg • ed, sold and conveyed, and by these p nts do 4-.4.-- grant, bargain, sell, convey and confirm
the second part,.. ... heirs and assigns, forever, all the following described lot or parcel. of Ian., situ
ounty of - - -. �4/ and State of Colorado, tow• : �........r.rr,..GZ.:. cQ -2-t .
e. ci f ,_f � Jr- 1f -..e. �(i 9), 46, -
,
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appe
and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim
the said part of the first part, either in law or equity, of, in and to the above bargained. premises, with the heredi'
To a and to Hold The said premises above bargained and described, wit t appurtenances, unto the sa
tiavL heirs and assigns forever. And the said
part,
part. of the first part, for...
and administrators, doe:9,....covenant, grant, bargain and agree to and wth the aid part .,1. of the second part,
that at the time of the ensealing and delivery of tbeee'presents .,,Ze-..et-st. seized of the premises about
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha. ../ good right, full power ane
bargain, sell and convey the same, in manner and form aforesaid, and that the same are free and clear from all forme
sales, liens, axes, assess ent......Ltzkacumbra. cee of whatever or n: re soever ` ,, ��/- '
earr
'111.►
r_ ,- /.
--- -.Lt ri-Gsr
2.-.-c-:,..., / ewr► .� ..,..,.and the above bargame. premises, in the quie
a sal part -...,-, of the secong part,..-. heirs d assigns,against all and every person or persons lawfu
whole or anyCi5art thereof, the said part...of the first part shall and will Warrant and Forever Defend.
In Witness Whereof, The said art.‘/�...-.of the first part ha.,.....hereunto set -..mss+:-... hand az
libBk above written. (/
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
z
J STATE OF COLORADO -..---t-22---'
County, in the State aforesaid, do hereby certify that ._./..,:e�
-Ake personally known to me to be the person whose najj��e..._....�C.2. subt
appeared before me this d in person, and acknowledged that
c e� signed, sealed
meat of writing as..-- free and voluntary act for the uses and purposes thereir
aiS'e
(111 Ill n
a
WARRANTY DRXD—The C. Y. 1.1.5.55.511115.3 ao.. A ribs Co, D.mev,alo. 198.581
Offis Bub, Made this - 4VI �n day of I ►�.aJ.t. 1 •
hundred and.... .. - Q t� lAl twecn Y..V.IO ![�f j -q.—"r U
' G I of the County- of.
and State of Colorado, of the first part, and ....... d
in the year of our Lord one thousand nine
and State of Colorado, of the second part:
Witnesseth, Th the said part
of the County of.
_._..of the firstpart, for and in consideration of the sum of
DOLLARS,
to the said part.. _._...of the first part' an paid by the said part ....of the second part, the receipt whereof is hereby couft sed and acknowledged,
ha_.4t grantee barg fined, sold and onveyed, and by these presets do IA grant, bargain, sell, convey and confirm unto the said part( of
the second part,(L..� heirs and assigns, forever, all the following described lot or parcel of land, situate, lying and b�e((ng in the
County of V.L and State of Colorado, to -wit•
L
?4—t.ut,
Y.,. DI fit..
r.at C7i cu'µ 71 w w) / , '1,1 — 6f)
,fit,_ tom., 9 t,cJ .e.4- 0/ 4,L -rn . e (s)
at cL, , ./ / ✓✓ - e 6—t ii.,,, cL, L. L.,,.,I .eLe e1 a Z. w I %L(JtAT.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and
reversions, emainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the
said part._ of the first part, either in law or equity, of, in and to the above bargained premises, with the hereclitaments and appurtenances.
o ve and to Hold the said premises above bargained and described, with the appurtenances, unto the said part of the second
heirs and assigns forever. And the said
part_ ..........of the first part, for ikf.Llr Q heirs, executors
and administrators, doL3 covenant, grant, bargain and agree and with e said part.. of the second part heirs and assigns,
that at the time of the ensealing and delivery of these presents. .c? t.d .t..s ell seised of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha.41 good right, full power and lawful authority to grant,
bargain, sell and convey the same, in manner and form aforesai , and that the same are free and clear from all fonner and other grants, bargains, sales,
liens, taxes, assessments and incumbrances of whatever kind or nature soever;
and the above bargained premises, in the quiet and peaceable possession of
the said palt... of the second part, heirs and assigns, against all and every person or persons lawfully claiming or to claim the
whole or any rt thereof, the said part of the first part shall and will Warrant ayd Forever Defend.
In Witness Whereof, The said p t.L� of the first part ha.A _..__.hereunto set `ha.tLJ hand and seal the dayand year
first above written. 5` E
1VA�_�
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
Cts a/t�O ..---..(SEAL)
(SEAL)
(SEAL)
(SEAL)
STAT OF COLORADO,
se.
County of._ L I -
County, in the State of said, do hereby certify _...
who..t..e personally known to me t be the person whose ame .!.°_.._subscribed to the annexed Deed,
appeared before met 's day in person, an acknowledged that.. ...signed, sealed and delivered the said instru-
ment of writing as .._...-free and voluntary act for the uses and purposes therein set forth.
•
wLt G? in and for said
Given under my hand and(/l(O S.42t J.seal, this. !I day of �Gf 3.
iait(u� A. D. 19.-
My commission expires. I 19.
FileI for record the day of._.J!_L..�I . A. D. 19......__, at..� o'clock__ M.
„_ Aimit RECORDER.
BROCK EXEMPTION
BETH E. BROCK
0631 321 ROAD
RIFLE, CO. 81650
RECEfV D DEC 1 0 2001
E. Evidence of Soil Types
Enclosed: Ariel photo and description of soil types.
Provided by the Dept. of Agriculture in Glenwood Springs. We have worked with the
D.O.A in the past putting in an irrigation pipe.
4
5 /
9
3d
55
67
•
3
21
55
68
GRA`.
66
i
rr. "bd ...
2
66
58
R. 94 W.I R. 93 W.
(Joins sheet 16)
32
1/4PcA
Potts loam, 3 to 6 percent slopes. This deep,
drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas or
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass -legume hay are grown. Small areas are used for
grazing.
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses Ille, irrigated, and
IVe, nonirrigated.
56—Potts loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
SOIL SURVEY
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney, and Ildefonso soils that have slopes of 6 to
12 percent. These areas make up 10 to 15 percent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range. Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye litnhIP for seed-
ing. Preparing a seedbed and drilling the seed are good
practices.
Community development and recreation are limited by
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual --
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches.
FLE AREA, COLORADO
Permeability of the Potts soil is moderate, and availa-
je eswater
or more.caSurfacety is r runoff isve &ow, rooting d dtheth is erosio0n
aches
lazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
he surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam that extends to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is slow, and the
erosion hazard is moderate. in are small areas of
Included with this soil in mapping
Olney and Kim soils that have slopes of 3 to 12 percent.
These
seareas
soils are used mainly for
percenthThemited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush. 9
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con-
dition on both soils. Seeding improves range on the
Potts soil if it is in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices. Reducing brush on the the Pottsim-
on
proves the range. Properly managing
the Ildefonso soil maintains wood production and graz-
ing. Selectively thinning pinyon and juniper improves
grazing and provides firewood, posts, and Christmas
trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
Community development is limited on the Potts soil by
low strength, shrink -swell potential, and slope. Communi-
ty development is limited on the Ildefonso soil by steep
slopes.
s complex is in capability subclass Vle, nonirrigated.
otts-Ildefonso complex, 12 to 25 percent
These strongly sloping to hilly soils are on
as, alluvial fans, and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. The Potts soil formed in
alluvium derived from sandstone, shale, or basalt. The
Ildefonso soil formed in very strongly calcareous, basaltic
alluvium and small amounts of eolian material. The aver-
age annual precipitation is about 14 inches, the average
33
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
The Potts soil makes up about 60 percent of this unit,
and the Ildefonso soil makes up about 30 percent. The
Potts soil is in slightly concave positions, and the Ilde-
fonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium, and
the erosion hazard is moderate. are small areas of
Included with this soil in mapping
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
Theh.
wheatgrass, needleandthread, and sagebrusin
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush. 9
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase.
Properly managing grazing maintains and imprange
con-
dition on both soils. Seeding improves range in poor
condition in less sloping areas of the Potts soil. Blue -
bunch wheatgrass, western wheatgrass, and
need-
leandthread are suitable for seeding.
the
seedbed and drilling the seed are good practices. Con-
trolling brush on the Potts soil improves range that is
producing more shrubs than are normally found
in dthe
potential plant community. Properly managing
r -
story vegetation on the Ildefonso soil maintains and
dd
production and grazing. Selectively thinning pinyon
juniper improves grazing and provides firewood, posts,
and Christmas trees.
The Ildefonso soil is suited to production of pinyon anc
Utah juniper. It can produce 9 cords of wood per acrE
when trees more than 4.5 feet tall reach an averag(
diameter (at one
tsurvival inches.
of tree seedlings. availably
water capacity affects
34 ' SOIL SURVEY
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
The steep slopes limit community development. Struc-
tures are needed to divert runoff to minimize gullying and
erosion.
This complex is in capability subclass VIe, nonirrigated.
59—Potts-Ildefonso complex, 25 to 45 percent
slopes. These hilly to very steep soils are on alluvial
fans and sides of valleys. Elevation ranges from 5,000 to
6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soil makes up about 30 percent.
The Potts soil is in slightly concave positions, and the
Ildefonso soil is in the steeper, breaklike areas.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is severe.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium to
rapid, and the erosion hazard is severe.
Included with this soil in mapping are small areas of
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing on the Potts soil maintains and
improves the range condition. Properly managing the
vegetation on the Ildefonso soil maintains wood produc-
tion and ground cover. The value for grazing is low
because of steep slopes and the tree canopy. Firewood,
posts, and Christmas trees can be harvested from the
more gently sloping areas.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings. Steep
slopes and the severe erosion affect harvesting.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
Community development is limited by very steep
slopes.
This complex is in capability subclass Vile, nonirrigat-
ed.
60—Rhone loam, 5 to 30 percent slopes. This deep,
well drained, gently sloping to steep soil is on mountain-
sides and ridges. Elevation ranges from 7,600 to 8,600
feet. This soil formed in residuum from sandstone and
marlstone. The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the average frost -free period is Tess than
75 days.
Typically, the upper part of the surface layer is brown
loam about 8 inches thick, and the lower part is brown
sandy clay loam about 20 inches thick. The underlying
material is brown extremely channery sandy clay loam
about 24 inches thick. Sandstone is at a depth of 52
inches.
Included with this soil in mapping are small areas of
Parachute and Northwater soils. The moderately deep
Parachute soils are on smooth ridge crests and west -
and south -facing side slopes. The Northwater soils are
on north -facing side slopes. These areas make up about
10 to 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 40 to 60 inches.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation is mainly brome, needlegrass,
and sagebrush. There are small areas of dwarfed aspen,
but they are of little or no commercial value.
When range condition deteriorates, forbs, shrubs, and
Kentucky bluegrass increase. Properly managing grazing
maintains and improves range condition. Seeding and
removing brush improve range on Tess sloping areas if it
is in poor condition. Intermediate wheatgrass, slender
wheatgrass, and mountain or smooth brome are suitable
for seeding. Preparing the seedbed and drilling the seed
are good practices.
Elk, mule deer, coyote, grouse, and rabbit find habitat
on this soil.
Use of this soil for community development or as a
source of construction material is limited by steep
slopes.
BROCK EXEMPTION
BETH E. BROCK
0631 321 ROAD
RIFLE. CO 81650
(970) 625 - 4914 Wk. (970) 248-7073
C 20 81
D. NAMES AND ADDRESSES OF OWNERS OF RECORD OF LAND
IMMEDIATELY ADJOINING AND WITHIN 200 FEET OF
PROPOSED EXEMPTION.
1. WEST OF BROCK EXEMPTION
a. ERTL, THEO
As Trustee for the Jahn Ertl
1141 W. Hempstead Dr.
Eagle, Idaho 83616
(208) 938- 0087
2. SOUTH
ESTES, JAMES & SHELIA
0510 321 Rd.
Rifle, Co. 81650
(970) 625-1322
3. SOUTHEAST
STURMER MARLIS
0684 321 Rd.
Rifle, Co. 81650
(970) 625- 5193
4. SOUTHEAST
SEBASTIAN TANYA
0384 321 Rd.
Rifle, Co. 81650
(970) 625 - 5575
5. EAST
MARSH RUSSELL & KATHY
1159 321 Rd.
Rifle, Co. 81650
(970) 625 - 3524
RECEIVED
JAN 2 5 2002
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A
3799 HIGHWAY 82 • P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
rr n 99�� (970) 945-5491 • FAX (970) 945-4081
October 22, 2001
Ms. Beth Brock
631 County Road 321
Rifle, CO 81650
RE: Line Extension Policy and
Contract Document Samples
Dear Ms. Brock:
It was a pleasure speaking with you the other day in regards to future electric line extensions to
property along County Road 321.
Per your request, copies of the following documents are enclosed:
• Holy Cross Energy Right -of -Way Easement (Overhead Easement Form)
• Holy Cross Energy Underground Right -of -Way Easement
• Trench, Conduit, and Vault Agreement
• Comprehensive Extension Policy — Advise Letter #8, April 30, 1976
If you have any questions regarding this documentation, please contact me directly at 947-
5430.
Sincerely,
HOLY CROSS ENERGY
Stephen B. Casey, /
Supervisor of Contract Services
Enclosure
SBC
BROCK EXEMPTION
BETH E. BROCK
0631 321 ROAD
RIFLE, CO. 81650
RECEIVED DEC
u 2001
Submittal Reque rleni
H. The Brock exemption is being requested because on March 23, 2001, my divorce
decree stated that I, Beth E. Brock be responsible in giving my X -husband half of the equity
in our home. In order to keep mine, and my two daughters home, I have to sell part of the
property. Therefore creating an exemption.
BROCK EXEMPTION
BETH E. BROCK
0631 321 ROAD
RIFLE, CO. 81650
2001
StbmiUal R 1e ts:
F. Proof of Legal and adequate source of domestic water.
Enclosed: Draft — Water supply report by Christopher Manera, P.E.
Colorado River Engineering, Inc.
Enclosed: Draft — Proposed Water Well Community Sharing and Maintenance
Agreement. By Thomas W. Stuver, Stuver & LeMoine, P.C.
Attomeys at Law
Enclosed: Letter of Approval of Fire Protection Plan.
F. Method of Sewage Disposal: Individual Septic Disposal System
C- C
DEAFT
PROPOSED
WATER WELL COMMUNITY
SHARING AND MAINTENANCE
AGREEMENT
THIS AGREEMENT is entered into on the date set forth below to be effective
, 2001, by and between BETH E. BROCK whose address is
0631 County Road 320, Rifle, Colorado 81650, and her successors in ownership in fee of those real
properties described as Lot 1, Lot 2 and Lot 3, Brock Subdivision Exemption Garfield County,
Colorado. Said Lot 1, Lot 2 and Lot 3, are referred to hereinafter collectively as "the Lots."
WHEREAS, BETH E. BROCK and her successors in interest are to be the joint
owners of a water well constructed under Colorado Division of Water Resources Well Permit No.
151226 and shall be joint owners of the water well and casing as constructed and installed and of the
water to be diverted by said well system for providing domestic water for all permitted uses on the
respective properties of the parties; and
WHEREAS, the well and casing and pump shall be utilized by said owners as a
lawful water right; and
WHEREAS, the water well and system required drilling and completion and will
require continuing maintenance and operation, the costs of which must be borne by the owners and
users thereof; and
WHEREAS, the well permit contemplates perpetual, though not constant, use and
operation of the well, pump and the appurtenant structures; and
WHEREAS, said owners as parties hereto desire to enter into this agreement for the
purpose of clarifying respective rights and duties and establishing easements and procedures for
jointly operating the water well and storing and delivering water to the properties of the owners, and
for providing a method for equitably dividing the water derived from operation of the system, and
for equitably allocating the shared payment of costs of operation and maintenance of the water well
and its pump and other structures by all of the parties.
NOW THEREFORE, in consideration of the mutual obligations, promises, and
covenants set forth herein, and the due performance thereof, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited
to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree
as follows:
1. Each of the respective owners of the Lots shall be deemed to own an
undivided one-third (1/3) share of the subject well permit, well, pump, fittings at the well head,
meters (whether existing now or to be installed at a later time), pumphouse, foot valves, and any
pipes or pipelines, storage facilities and any other structures which are jointly used.
COPY
2. No owners of the Lots are deemed to have any ownership right in and
to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots
which may utilize any portion of the water flowing from this water well and its structures. This
agreement does not intend to relate to such individually owned or used rights or structures. Nothing
in this agreement shall be construed to give any party any rights to such non -shared property of other
parties nor to obligate any party to pay any costs associated with non -shared structures.
3. The parties shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and functioning and use of the water
system in such manner as to provide to their respective uses an optimum water supply on demand
at all times possible based upon the natural availability of water. The parties agree to not waste
water and to endeavor to use no more than their respective shares of the available water. At this time
it is agreed that no individual water meters must be installed. If at any time after the date hereof, any
party requires that meters be installed, then each of the parties shall install meters at the individual
expense of each party. Waste or over -use shall be deemed to be a material breach of this agreement
for which the non -defaulting parties may seek remedy at law or equity for damages or for injunctive
relief, or both. Irrigation uses shall be limited to not more than 14,520 square feet of lawn and
garden on each parcel. Unless otherwise agreed by each owner, no owner of one of the Lots shall
use more than one-third (1/3) of the water legally allocated to the well (i.e., 5.00 g.p.m.). In the
event the water physically available from the well is less than the legally available amount, then each
owner shall proportionately reduce the consumption of same to one-third (1/3) of the amount actually
available. In no event shall the well be pumped at a rate exceeding fifteen (15) gallons per minute.
Any household use of the well water must provide for return flow through an individual disposal
system of the non -evaporative type, returning the water to the watershed in which the well is located.
4. The party first constructing residential improvements on any lot shall
be responsible for the initial cost of constructing the well system, water storage tank of at least 1,800
gallons capacity, pump, pump house and any jointly used pipe lines. Following the initial
construction, the actual and continuing costs of operation, maintenance, construction, extension,
upgrading, cleaning, repairing and all other work required on shared components of this water system
to cause the water at the well to become and remain available to deliver water to the parties shall be
shared by the parties in proportion to their share in the well. This agreement shall relate only to costs
incurred after the date hereof.. Electrical charges for the operation of the well shall be shared equally,
or in the event meters are installed, in proportion to the water utilized by each party. No operational.
costs will be charged to any party until such party actually makes a physical connection to the well
and begins using water from same.
5. Subject to the provisions in paragraph 4 above, any party who has been
using water from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement and the like necessary to maintain the water well and deliver the subject
water, shall not receive water from the system. At such time as said electing party chooses to resume
use of water from the system said party may do so upon reimbursement to the other users the full
cost of said party's share of such expenditures with legal interest retroactive to the expenditure date.
2
6. The owners agree to cooperate in the future maintenance, operation,
repair, replacement or improvement of all common facilities. In the event the owners are unable to
agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled
to undertake the minimal maintenance, repair, replacement or improvement necessary and essential
for proper functioning of the common facilities. In the event an owner determines to undertake such
work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the
work shall, upon completion, provide the other owners with a written statement of work performed
and the other owners' proportionate share of the cost of same. In the event an owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the owner which
has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity
for a breach. The Court, in its discretion, may award to the prevailing party Court costs and
attorney's fees incurred.
7. BETH E. BROCK hereby grants and dedicates permanent, non-
exclusive easements across that portion of said Lot , designated as "Well Easement" on
the final plat of the Subdivision Exemption, as necessary and sufficient for
this Agreement to be performed for the benefit of the respective owners of Lots and
as users of the shared well, pump and common pipeline and treatment system and structures, and also
grants a non-exclusive easement for non -shared or individual pipelines conveying water to the
respective Lots over and across said "Well Easement."
8. Each party agrees to not interfere at any time with the proper use by
any other party of its interest in any water structure and shall indemnify and hold harmless all other
parties and users from any loss or damage or injury caused by the acts of said indemnifying party.
9. The term hereof shall be perpetual.
10. This agreement shall be binding upon and inure to the benefit of the
parties, and their assignees or successors, and the easements and covenants granted or agreed to
herein shall be deemed to run with the land and shall encumber the land of each party for the benefit
of the properties of the parties as described herein.
11. The laws of the State of Colorado shall govern the validity, effect and
construction of this Agreement.
12. This agreement contains the entire agreement among the parties and
may not be modified in any manner except by an instrument in writing signed by the owners of each
of the Lots.
3
IN WITNESS WHEREOF, the parties have signed this agreement on the dates
following their respective signatures.
BY: DATE:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on this day of
, 2001, by BETH E. BROCK.
Witness my hand and official seal.
My commission expires:
4
Notary Public
WRJ•,5•Fttev. 7¢
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
Application must $ttCE%VED
be complete where v (X
applicable. Type or 8$ (X
in BLACK Mai `�FOR: (y,
INK. No overstrikes
0011065
or erasures unless MJEY
initialed.Wel 111.11/111
gig
PERMIT APPLICATION FORM
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
) REPLACEMENT FOR NO
OTHER
WATER COURT CASE NO
05-13-88 11:46 A
032472 60.00
woowooe P0011
TTL 60.00
L(r tJ
CHEQUF A0.00
(1) APPLICANT • mailing address
NAME Randall Brock
STREET 0611 121 Rd.
CITY
Rifle, Co, 81650
TELEPHONE NO 625 - 4914
(State)
(Zip)
(2) LOCATION OF PROPOSED WELL
County (larfie]d_
%of the JV l&1
1/4, Section
Twp. 6 Rng 93
tN.S) E.WI
19
6 P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet):
13
1-5
Number of acres to be irrigated: 1
Proposed total depth (feet) :
200
Aquifer ground water is to be obtained from:
Wasatch Formation
Owner's well designation
GROUND WATER TO BE USED FOR;
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X I DOMESTIC (1) ( ) INDUSTRIAL (5)
( I LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
(
) OTHER (9)
DETAIL THE USE ON BACK IN (11)
FOR OFFICE USE ONLY:!39I0 NOT WRIHE XN THIS COLUMN
(7 I Til 1
Receipt No it 117 0 CL' -11 8A7730
Basin _ Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
ISSUANCE OF THIS PERMIT DOES NOT
COFFER rDECREED-WATER-RIGHT-
1) APPROVED AS THE ONLY WEPURSUANT
L ON A TRACT OFLAND OF 40.378I)
ACRES DESCRIBED AS THE LOT NO. 2 OF SECTION 19,
T6S, R93W OF THE 6TH P.M., GARFIELD COUNTY.
2) THE USE OF GROUND WATER FROM THIS WELL IS
LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD
PURPOSES INSIDE ONE SINGLE FAMILY DWELLING THE
IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME
GARDENS AND LAWNS, AND THE WATERING OF DOMESTIC
ANIMALS.
3)THE RETURN FLOW FROM THE USE OF THE WELL
MUST BE THROUGH AN INDIVIDUAL WASTEWATER
DISPOSAL SYSTEM OF THE NON -EVAPORATIVE TYPE
WHERE THE WATER IS RETURNED TO THE SAME STREAM
SYSTEM IN WHICH THE WELL IS LOCATED.
71.72?. 45---//—$1
4) THE STATUTE REFERENCE IN CONDITION NO. 1 IS
AMENDED TO BE CRS 37-92-6132(3) (b) (II) (A) .
Note: Condition 2 is amended to allow for the
watering inside up to 3 single family dwellings,
domestic animals, and the irrigation of not more
than one acre of lawn and garden. JSG 10/17/01
(41 DRILLER
Name
Street
Shelton Drilling Co.
P. o. tax 100_59
City Basalt, do. 81621
(State)
Telephone No.
927-4182 Lic. No
1095
(Zip)
PERMIT NUMBER
DATE ISSUED FQ jj
EXPIRATION ATESMAY 1 9 iii 9O
15122(
MAI 19 1989
BY
(STATE ENGINEER)
COUNTY
WJR-2u-77
THIS FORM MUST BE,SUBMITTED
WITHIN 60 DAYS OF COMPLETION
OF THE WORK DESCRIBED HERE-
ON. TYPE OR PRINT IN BLACK
INK.
WELL OWNER _1Anda1] Th 'k
COLORADO DIVISION OF WATER RESOURCES
1313 Sherman Street - Room 818
Denver, Colorado 80203
WELL COMPLETION AND PUMP INSTALLATION REPORT
PERMIT NUMBER 151226
ADDRESS 0631 321 Rd Rifle, Co. 81650
DATE COMPLETED
From
0
To
160
Use
WELL LOG
6 19 88
Type and Color of Material
Volcanics, Clays, Rocks
TOTAL DEPTH 160
ditional pages necessary to complete log.
Water
Loc.
80+
RECEIVED
JUN 2 0 1988
fifigURCII
stop tII19Iga
QXI
SW Y. of the NW Y. of Sec. 19
T. 6 S R. 93 W 6
P.M.
HOLE DIAMETER
in. from 0 to 27 ft.
62
in. from to 11+0 ft
in. from 1140 to 160 ft
DRILLING METHOD Air Rotary
CASING RECORD; Plain Casing
Size .� & kind Steel from 0 to �7 ft
Size 5i & kind Steel from • 20 to 80
Size & kind from to ft.
ft.
Perforated Casing
Size 51 & kind Steel from 80 to 140 ft.
Size & kind from to ft.
Size & kind from to ft.
GROUTING RECORD
Material Cement
Intervals 10-20
Placement Method Gravity
GRAVEL PACK: Size
Interval
TEST DATA
Date Tested _ 6/6 , 19 68
Static Water Level Prior to Test 75
Type of Test Pump Air Compressor
ft.
Length of Test 2 hours
Sustained Yield (Metered) 3
Final Pumping Water Level total
1
.10
13,I01,•INSTALLATION REPORT
Pump'1Make
Type .,
Powered by HP
Pump Serial No.
Motor Serial No.
Date tnstaltea
Pump Intake Depth
Remarks
WELL TEST DATA WITH PERMANENT PUMP
Date Tested
Static Water Level Prior to Test
Length of Test Hours
Sustained yield (Metered) GPM
Pumping Water Level
Remarks
•
J WATER
\ TABLE
au
J
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or
pump installation described hereon; that he has read the statement made hereon; knows the content
thereof, and that the samyfs true of his own wledge.
Signature
State of Colorado, County of .,(JVt�.,�tt ss
License No. l09S--
•
Subscribed and sworn to before me this / r day of
My Commission expires:lZ-A G. , 19
Notary Public 1'" 42 2 i •�fl PAPe
FORM TO RE MADE OUT IN QUADRUPLICATE: WHITE FORM must be en original copy on both sides and signed.
WHITE AND GREEN copies must be tiled with the State Engineer. PINK COPY, is for the Owner and YELLOW COPY is for the Driller.
CONE, OF
DEPRESSION
1
1
(5) THE LOCATION OF THE PROPOSED
which,, the water will be used m WALL id the area on ,
ection,S40
Use the CENTER SECTION I lated on the diagram below,
+ ( s 8 0 acres) for the well location,
1 MILE, 5289 FEET , I
-1-
NORTH SECTION LINE
WL _I
SOUTH SECTION LINE
-i-
f
— + �` 4 -
'The scale of the diagram is 2 inches ■ 1 Mlle
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An aere•loot Covers I acre of land 1 foot deep
•
1 cubic foot Per second (cfsl ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre•foot of waterer
1 acre-foot ... 43,560 cubic feet , , , 325,900 gallons;
1,000 gpm pumped continuous) for •
year.
Y One day produces 4,42 acc re feet.
(10) AND sN WHICH
UND WATER
• OWner(s):l_BrAc •
Legal description! No, of acres:_S
(11) Y � LT
SEi.I of the
system to be used, use of ground water: Household use and domestic wells must indicate tYPe of disposal
Domestic use with state and county approved septic and
beach Field,
1I
f
u9 99 23:22 No.002 P.03
(6)THE WELL MUST BE LOCATE ___BE
by distances from section lines,
--•------- t•, fro •+ (�
--
�_:. Inartn or south) sec, floe
„L00 it, from I. l
�/eS wasp sec, line
1 a.
LOT- BLOCK
_FILING •
SUBOI VISION
(7) TRACTON �y }{�WL WILL
LOCA ix�@r; 1 Et C
No. of acres. i�'�"�
• � .wilt this be
the only well on this tfactl_yes
(S)ROPOSED CASING PROGR M
Plain Casing
---Z_ in. from 0 ft. to 0
ft.
In. from,ft. to-1.59._ft.
Perforated casing
in. fromUS__ ft. to 20 � ft.
----_ in. from _ ft. to
(9) FOR REPLACEMENT WELLS -�.... �.
and direction from 91 give distance
it: dwell and plans for plugging
Al'
(12) (11±L .,,Yi ELIE.Ei-.,a4tas
Type or right
used on this land, including wells, Give Registration and Water Court Case Numbers,•
Used for (purpose)
Description of land on which used
(13) THE APPLICANT(S) , STATE(
- -----�
TRUE THAT THE INFORMATION SET FORTH HEREON IS TO THE BEST OF HIS KNOWLEDGE.
,/7
SIGNA TURF OP APDL ICA
N
4,- AL. Ak
Use additional sheets of paper if more place is required.