HomeMy WebLinkAbout2.0 BOCC Staff Report 03.18.1996• •
BOCC 3/18/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST; An exemption from the definition of
subdivision.
APPLICANT: C.A. & Ida Betz
LOCATION: A tract of land located in a portion of Section
6, T6S, R89W of the 6th P.M.; located at
0355 County Road 132; adjacent to the city
limits of West Glenwood.
SITE DATA; 9.54 Acres
WATER: Well
SEWER: Community
ACCESS: Direct access to CR 132
EXISTING ZONING: R/L/SD
ADJACENT ZONING: North/West: A/R/RD
South: C/L; A/R/RD
East: R/L/SD; C/L
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Low Density Residential Proposed Land Use
District (10+ acres/dwelling unit) as designated by the Garfield County Comprehensive Plan
for Study Area I.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property in question is a 9.54 acre tract located on the west
side of County Road 132 (Mitchell Creek Road), near its intersection with CR 130
(Donegan Road), west of the city limits of West Glenwood. The property slopes
downward from the flanks of Storm King Mountain at an average, estimated slope of
30%. Vegetation varies across the tract with portions of the tract annually being used
to produce fruits and vegetables. There is an existing, single family home on the
northeastern portion of the tract, as well as some attendant agricultural buildings.
B. Adjacent Land Uses: Adjacent land uses are primarily residential with some limited
agricultural uses located in the vicinity. See vicinity map, page _.
C. Proposal: The applicant proposes to divide, by exemption, the 9.54 acre tract into
two (2) parcels of 2.4 and 7.1 acres each. The existing home and related structures
would be located on the larger tract and it appears the smaller tract would probably
be developed as a single family homesite. See sketch map, page .
• •
III. MAJOR ISSUES AND 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 of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing, joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, 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;"
Deeds submitted with the application demonstrate the subject property existing in an
undivided state and consisting of 10.0 acres in October, 1957. See deed, page
Apparently, a 0.46 acre parcel of land was donated to the Holy Cross
Lutheran Church, in late 1976. Given this information, it appears this request
complies with Section 8:52 (A) of the Subdivision Regulations.
B. Zoning: The property is within the R/L/SD zone district which mandates a minimum
lot size of 20,000 square feet. All proposed lots are in excess of this minimum, lot
size requirement.
C. Water: The existing home is served by the City of Glenwood Springs community
water system and the applicant has considered the use of community water supplied
by the City of Glenwood Springs as the water supply for the lot to be created;
however, it appears the City will only supply this water if the applicant signs a pre-
ann ation agreement. See letter from the City of Glenwood Springs, page
. The applicant has indicated he intends to keep the rural designation of his
property and is not interested in annexing to the City; therefore, the applicant intends
to serve the exemption parcel with a well that appears to have been permitted by the
Divisio of Water Resources sometime in 1977. See application and letter, pages
rd I . Staff has attempted to confirm the legal status of the well with the
Division of Water Resources; however, the Division has no record of issuing the well
permit, nor could the Division determine if the well in question could serve the
intended uses. It appears that an agreement dated August 18, 1977, (see pages
Is -14 ) for the transfer of one (1) cfs of surface water from the Nott No. 1
Ditch, was necessary to guarantee the well in question; however, without the issuance
of a well permit indicating the permitted uses of the well in question, the legality of
this well serving its intended uses is in doubt. It may be necessary to enter into further
water augmentation agreements to guarantee legal water.
D. Sewer: The method of waste water treatment for the exemption parcel is proposed
to be by the West Glenwood Sanitation District. A letter is attached on page
, indicating the District's ability and desire to serve the parcel.
E. Soils: The Soil Conservation Service has identified the soils on-site to be within two
(2) different classes: Arle-Ansari-Rock outcrop complex and the Atencio-Azeltine
complex. When used for building site development, the soils are considered to have
slight to severe constraints, chiefly due to slope, large stones and the tendency for
cutbanks to cave. Staff recommends a plat note address these soil limitations.
F. Access: Access to both proposed parcels would be directly from CR 132. The
existing home is currently served by an existing driveway and staff recommends the
applicant consult with and receive any necessary permits for the additional driveway
that would provide access to the exemption parcel.
G. Fire Protection: A letter from the Glenwood Springs Department of Emergency
Services was included with the application, indicating the subject property is within
• •
the boundaries of the Glenwood Springs Rural Fire Protection Distr. t and that
emergency response will continue to be provided. See letter, page . Staff
recommends the inclusion of a plat note addressing wildfire mitigation.
H. Easements: Any required easements for drainage, utilities, access, irrigation ditches,
water supply, etc., will be required to be shown on the exemption plat.
I. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for the creation of the exemption parcel.
J. Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by
this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant. This provision shall be included as
a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Due to the inability to determine the legality of the well intended to serve the exemption
parcel, staff recommends a CONTINUANCE of this request until such time the applicant can
demonstrate a legal supply of water. When the Board believes all questions concerning the
water supply have been satisfactorily answered, staff would recommend APPROVAL of the
application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access, water supply
or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, in School Impact Fees for the creation of the
exemption parcel.
That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
• •
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Soil conditions on the site may require engineered building foundations."
6. The control of noxious weeds shall be the responsibility of the landowner.
7. The applicant shall receive any necessary driveway permits, for the exemption parcel,
from the County Road and Bridge Department, prior to signing of an exemption plat.
8. The applicant shall demonstrate that an adequate supply in both quantity and quality
exists for the lots to be created. Criteria for demonstrating the quality, quantity and
dependability of a well or a well is:
a) The well be drilled and a 4 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
e) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
f) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
9. Final approval of the West Glenwood Sanitation District regarding the waste water
services and tap will be submitted to the Planning Department, prior to the
authorization of an exemption plat.
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THE FOLLOWING DESCRIBED REAL ESTATE
SITUATED IN
GARFIELD COUNTY, COLORADO
A tract of land situated in Lot 4, Section 6, Tp. 6, S. , R. 89 W. ,
and being more fully described as follows:
6th P. M
Beginning at the corner common to Sections 33 and 34, Tp. 5, S. , R.
89 W. , of the 6111 P. M. , which is a point on the First Correction line
South and also a point on the North line of said Lot 4, whence the
Northeast corner of said Lot 4 bears N. 89°50' E. 650.86 feet;
thence N. 89°50' E. 352. 83 feet along the North line of said Lot 4;
thence ;S. 19°19' E. 197.11 feet;
thence S. 28°20' E. 136. 00 feel;
thence N. 61 °40' E. 60. 50 feet to a point on easterly bank of Burton
thence S. 28°20' E. 20.00 feet along the easterly bank of the Burton
thence S. 61°40' W. 60. 50 feet;
thence S. 28°20' E. 138. 50 feet;
thence S. 26°20' E. 160 . 05 feet;
thence S. 2°16' .E. 81.84 feet;
thence S. 29°29' W. 113. 54 feet;
thence S. 89°50' W. 219. 32 feet;
thence N. 31°25' W. 412.98 feel;
thence S. 89°50' W. 133. 52 feet;
thence S. 89°08' 3.0!' W. 314. 40 feet;
thence N. 1°06' W. 416 . 98 feet to a point on the N)rth line of said Lot 4;
thence N. 89°08'30" E. 314.40 feet along the North line of said 4 to
the point of beginning, containing 10. 0 acres, more or less.
There is also conveyed an undivided one-sixth (1/6) interest in and to
the ditch and ditch rights, water and water rights decreed to the
Burton Ditch taking water from Mitchell Creek under Priority Number
48A, together with an undivided One-fourth (1/4) interest in and to
the ditch and ditch rights, water and water rights decreed to the Nott No.
1 Ditch taking water from Mitchell Creek under Priority Number 243.
TIIE GARFIELD COUNTY ABSTRACT COMPANY
GLENWOOD SPRINGS, COLORADO
( Licensed and Bonded Under the Laws of Colorado
(
ESTABLISHED 1887
, . 1 ••• e, — ••: 1 •1•11 •'" ' ' '
" " )( 1?1( " " 111' )(." )( (1 ,Z70." )(.!":)' )()
1r,•c,!!..,!
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No.
dt.•cet>;.ir-�
Z'IJIS DEED, Macre this let clay of October
in the year of our Lord one thousand nine hundred and Fifty—c even
between
ALBERT MANN and BERNICE M. MANN,
of the County of Garfield
Colorado, of the first parr, and
and Slate of
C. A. MTZ and IDA P. BETZ,
Doc1 1 9503
of the County of Garr ielf). and State of Colorado, of the second part:
WITNESSET}I, that the said part j ng of the fir.1 part. for and In consideration of the non of
DOLLAE.1 9nrl oLiter. ,rood stud valuaLlL curtttiderti ,)1 to
1
inaucciont
to the said part ie ' I the first part in hard paid by the said parties of the .er.'rrd ball, hr rrcrrpl whereof is
hereby confessed and acknowledged, ha •; r, granted, bargained, sold and conveyed, and by these presents- do
grant, bargain, sell, convey and confirm unto the said parties of the second part, Ch it heirs and assigns forever. not
in tentncy in common but in'joint tenancy. all the following described lot or parcel of land. situate, lying and
being In the County of
Gar. -field and State
ISI Colorado, to -wit;
Book 305
Page 170
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversion;, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part J of the first part, either in law ur
equity, of, in and 10 the above bargained premises, with the hereditaments and appurtenances.
TQ HAND; AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, their heirs and assigns forever. And the said partie8 of the first part, forthem selyee
their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties
of the second part, their heirs and assigns, that at the time of the enscaling and delivery of these presents they are
weid seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in (se simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in
manner and forte aforesaid, and that the same are free and clear from all former arid other grants, bargains, sales, liens,
taxes, assessments and incumbrances of whatever kind or nature eocver,
and the above bargained premises in the quiet and peaceable possession of the said partlee of the second part, their heirs
and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the Bald
part fee of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part fes of the first part ha ve hereunto set theiltand 8 and
seal 8 the day and year first above written.
Signed, Sealed and Delivered in the Presence of/- / '
[SLALI
[SEALI
STATE OF COLORADO,
County Garfield
1 ss.
tr>Jrncnt was acknowledged before the this 1 t.
-'et'tann and Bernice M. Mann.
day of October / '6 7
ircr Decetnber 1 , 1960 . Witness my hand and otfloix 41I41r
Ord October 30, 1957 at 10. 'clock A. -•49tded
n' jV`- JOINT TENANTS in Book 305 at Page 169 thereof.
s �•
ry
30'2; 0 ,.
)
169
February 14, 1996
Mr. C. A. Betz
0355 County Road 132
Glenwood Springs, CO 81601
Re: Request for Water Service
Dear Mr. Betz:
City staff has reviewed your request for providing water service to a potential new lot to be
subdivided from your property at 0355 County Road 132. The City currently provides water
service to your existing home at this location. Since the City can provide service without the
extension of new mains into previously unserved areas, this request can be approved at the staff
level rather than requiring City Council approval.,
The City currently has adequate water supply and pressure to serve the property in question. An
existing 8 inch water main is located in 132 Road adjacent to the property. The City is capable
and willing to provide domestic water service to the proposed new lot in accordance with all
applicable provisions of the Glenwood Springs Municipal Code in effect at the time that the
service is provided. For property outside the current City limits, one of those Code provisions
requires that you sign a preannexation agreement with the City prior to the furnishing of water
service.
If you have any questions or require additional information, please feel free to contact me.
Sincerely,
YGIvkfy
Larry O. Thompson, P.E.
City Engineer
cc: Mike Copp, City Manager
806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597
• .
Feb, 15, 1996
Eric D. McCafferty
Ret In regard to your letter Jan. 29, 1996 about adequate water for
the proposed lot exemption.
Dear Mr. McCafferty!
Ire enclosing a letter to the City of Glenwood Springs, da.tAd Jan30,
1996 requesting Domestic water service. They will serve me water
only if I sign a preannexation agreement, since the land has been used
for Agricultural and open space since I: bought it.in 1957 and plan
to conutinue that use, ] do not wish to�i.nto the city. I pasture
horses, have chickens, have fruit, berries, and english walnuts,.
The coons and skunks would take over if I wasn't able to shoot them.
In the past I have trapped skunks and coons in live trap$ in the city,
.for friends and brought them out to my place to dispose of. They
couldn't get the city, or Division of Wildlife to do anything.
It looks like I am going to have to usewe.11 water for the dwelling.
I am enclosing a. letter, by my attorney for a permit to use ground
water, a permit 1;o construct a. well., a permit to install a pump,
a copy of the application and an agreement from adja.cunt land
owners giving me approve' to drilla. well. Golden Eagle drilling
Co, drilled the well in 1977, I installed the pump shortly after
the well was drilled. Have used it for domestic use part of the
every year ever since, including the storm king fire, have 60 gal
per minut;e of piped water 18 hours a. day from the middle of April
until the middle of October, under 20 to 30 pounds of pressure,
from Nott No.1 Ditch No.83 priorly date 10/15/42.
The piped system is 200ft. of l8inch coruga.ted pipe into cement
divider box; 100 ft.. of 8' plastic pipe into a. plastic sump with
an over flow back to Mitchel Creek when the water isn't being used;
800 ft, of 6 inch plastic pipe a foot lower than the over flow
feeds any line to the strom king bountry. An adapter with a. shut
off valve connects to 1000 feet or 4 inch steel and aluminum pipe
with shut off valves on my property, The water is screened and
goes into a 100ft, 4 inch pipe then splits into 2 lines, one is
200ft,of 2inch steel pipe, the other is 500 ft of 12 inch plastic
pipe, hoses are used off those two lines to springle the fruit
Lees, pasture and 4 garden spots, T also have a water right out
of the Burton Ditch No.36A with a priorty date of 6/20/85 for
.40 CFs. and 10/(./42 for ,25 CFS, this is also domestic and was
used for that purpose for 15 years, With some time T can probably
negocia.te with the city for domestic water for the proposed lot,
but not on short nttice. I: certainly have legal and physical
rights for water , for one two acre lot,
Thank you,
Sincerely yours,
C� a.03,71..
03.71._.
0. A;.BetG;'.
• •
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P 0. Box 697
Glenwood Springs, Colorado 81601
L ur;us t 3, 1977
Colorado Division of Water Resource's
:1 t3 Centenni.n1 Building
1313 Shermnn Street
Denver, Colorado 8020.3
(lent lemen :
Telephone 945-7474
Area Code 303
Re: Application for Water I]o11 Permit
by C. A. Betz and Isla P. Betz
Enclosed is application for water well permit by C. A. Betz and
Ida P. Betz, together with check in the amount of $25.00 to cover the
filing fee.
Sincerely,
Attorney for applicants
CFtS / c: 1
Enclosures
cc:', Mr. and Mrs. 1. A. Betz
wrj.S +2�v. /6
>'I)))lictc tIUn roust
be complete where
tlppllC:ahle. I ype or
print in B ACI<
INK, No overstrikes
Ur erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial IJIdg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( X) A PERMIT T(.) USE GROUND WATER
( S) A PERMIT TO CONSTRUCT A WELL
FOR: ( Xr A PERMIT FO INSTALL A PUMP
(1) APPLICANT - mailing address
REPLACEMENT FOR NO.
)OTHER
WATER COURT CASE NO.
NAME_ IDA P. and C. A. BET"Z
STREET 0355 COUNTY ROAD 132
CITY_ GL NWOOD s>rr TNls COI,oRADo 8.1601
(Stale) (Lip)
fELEPIIONF NO. _945-51.54_____
(2) LOCATION OF PROPOSED WELL
CotmtyG4RF.T EL 1) _ --
NW % of the ___ NW )4, Section
Rnt3. 89 W
IN,5i IE.WI
(3) WATER USE AND WELL DATA
6
6 Lh P.M.
Proposed maximum pumping rate (gpml 30 GPM
Average annual amount of groirnd water
to be appropriated (acre-feet):
Number of acres to be irrigated: ZS.z
Proposed total depth (feet): _ ESTIMATE, 100 1' L .
Aquifer ground water is to be obiained from:
COLORADO RIVER
2 acre feet
Owner's well designation BETZ 1#1
GROUND WATER TO (3E USED FOR:
) HOUSEHOLD USE ONLY • no irrigation (0)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
(;Cl LIVES1oC(< (2) ( ) IRRIGATION (6)
( I COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OT( -LER (9)
DETAIL_ THE USE ON BACK IN (11)
(4) DRILLER
Name GOLDEN EAGLE DRILLING CO.
Street
130X 475
City__-_FRI3CQ COLORADO 80443
Telephone No.
468-2964
tstato) (21pt
tom'
Lic. No.
387
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. _
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
sto
(STATE ENGINEER)
/4777.
/).t2 7'i
A tract of land situated in 1..,ot 4 Scion 6, I). 6 5. , R. 89 W. , 6tn ,
and being ;Marc fully described ,,s follows:
13e,;inning at the corner comcoon to Sections 33 and 31, "1'p, 5, S. , 89 Y.,
the 618 P. M. , which 15 a point on 1i5 t1SL CorreCtiOft Scamnd also
a pkpint on tho North line of said Lot 4, wlienco Northeast corner of said
Luk Lar; N. 69050 E. 650.86 feet;
Lience N. 0950' 14, 352..8.3 feet along the North lino of said Lot 4;
tnence S. 1)019! 14. 197. 11 le t ;
thonce S. E. 136.00 1(,cit;
tlic•-H'icu N. 61'40' E. 60. 50 fec',: to a point on tile casi:orly baric 13urton
thelICO S. E. 20, 00 _feet along the Easterly bard< of tne Burton Ditch;
tnenco S. 61'40' W. 60. 50 let;
tenc. 5. 2.8)2.0' E. 138, 50 feet;
tnenk.:o S. 26'20' E, 160, 05 feet;
tnern:.:e S. 2."06' .113•. 81, 8:1 feet;
t5erice S. ' • 113. 5'2.. feet;
tience 5, 89°50' W. 2.19. 3.2. feet;
th.ohco N. 31'25' W. 412..98 feet;
ti.WriCks,' S. 89°50' W. 133. 52. feet;
rick. -3 5, 69'08'30" W. 314.40 fe,tet;
tnence N, 1'06' W. 416.98 foot to a point on Norti line oi said Loi. 4;
thence. N. 8900030" 34, 314.'10 feet along the North line of said Lot 4 to
tie point 0 oC.innin4,
containin-4 10. 0 acres, 11-1 0 r O or Jess, except 0.46 acres
conveyed by deed recorded Dec. 29, 1976 as Rec. No. 276105 in Booli 491 at Page 859.
There is also conveyed an undividod one-sb:th (1/6) interest in and to tne
clitch and clacn rilOas, water and and \vater rig; -Its decreed to no Burton .1.-ii1cn
taking wnter iron, Mitchell Creek under Prior:.ty Numbor 46A, together wi;:h
an undivided one-fourth (1/4) in and to the ditch and ditch
water and \vater rights decreed to ii,c Nicit No. I Ditch taking water iron-,
Mii:chell Creek under _Priority Nunn-oer 243, said ditches being more particularly
described as follows:
1. Burton Ditch No. 36A with priority dates of 6/20/85 for 0.40 cfs and
10/6/42 for 0.25 of's.
2, Nott No. 1 Ditch No. 83 with priority date of 10/15/42 for 0.54 cfs'.
AGREEMENT
TRIS AGREEMENT, made and entered into this
1& vy[�y
//,:62-- day of.-4vt1� ; 1977,
by and
between PAUL A. AMCCIIAUX, RIC11ARD D. GI:LS'TRAP, JOHN BENZEL, and WILLIS E. PARKISON,
as personal representative of the Estate of Austin E. Dever, Deceased, parties of
the first part, and C. A. BETZ and IrDA P. BETZ, parties of the second part, WIT.'NESSETH:
WHEREAS parties of the first' part desire Lo transfer the one cubic foot per
second awarded the Third Enlargement of the NoLL No. 1 Ditch, Priority No. 17AAA,
appropriation date of September 14, 1909, adjudicated December 22, 1920, to a well
or wells; and
WHEREAS parties of the second part may desire to drill a well on their land
and/or transfer water rights owned by them to such well.:
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, and other consideration, the receipt and adequacy of which is hereby confessed
and acknowledged, parties of the first part agree not' to oppose nor cause opposition
to parties of the second part obtaining a water well permit Lo drill a well on their
land, obtaining a decree to produce water therefrom, and/or transferring water rights
now owned by them to said well, and parties of the second part agree not to oppose nor
cause opposition to be interposed to transfer by parties of the first part of said
Priority No. 177AAA to a well or wells.
This agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have set their Bands and seals the day and year
first -above written.
PGkr-N.
Willis E. Pcrlci.son, Personal
Representative of the Estate
of Austin E. Dever, Deceased Joh
c7 -a</-
C. A. Betz ')
473
Ida P. Betz
Parties of the First Part
Parties of the Second Part
STATE OI' COLORADO )
) 53.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this "NAt
� � day o f .may ,
1977 by PAUL A. ArUCUAUX, RICHARD D, GILSTRAP, JOHN BENZEL, and WILLIS E. PARKISON,
as person0 representative of the Estate of Austin E. Dever, Deceased.
My ro..aari.a1 commission expires on � ! COlrl[[1155I011 LIp1COS l arr.4 16. IgG1
Witness my hand and official seal.
STATE OF COLORADO )
SS.
&Lt •
Notary Public
COUNTY OF GARFI.EL..i) ) // L
The foregoing instrument was acknowledged before me this / 7
_�� daayyof 3¢�r,
1977 by C. A. BETZ and IrDA P. BETZ.
My notarial commission expires on ) 7'
Witless my hand and official seal.
-2-
Notary Public
AdIVT (;1,1NW0()1) SPI? I N(2,:-;
!) A N 'TAT] ON 1)1STR 1 CT
PA). nox 866
Glenwood Springs, Colorndo 81(502
(:30:1) 9/115-00(39
January 11 1996
Mr. 0. A. Betz
01355 CR 1132
Glenwood. Springs, CO
Dear Mr. Betz,
This letter is to advise you that the West Glenwood Springs
Sanitation District, Is ready willing and able Lo service your
property at 00135h32 rd.
There will be a Lap fee of $2000.00 per MOi.l have enclosed
a tap application.
Sinc6re1; ,
IA
ficoltLA besiie
ls-:ric• manager
1-19-96
,• . .
DEPARTMENT OF EMERGENCY SERVICE
Garfield. County Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Sirs,
ISMS • DIRT? • RES(;(IIC
"This Tetter is in reference to the suhdivision exemption proposal submitted hy Mr. C.A. Betz.
The property at 0355 132 Road is within the boundaries or the Glenwood Springs Rural Fire
Protection District and lire and medical response will continue as it now does.
Because of the close proximity to 132 road and the availahilil_y of water supply from the
nearby lire hydrant, 1 see no problem with granting the exemption. As with all exemptions, the
Fire District reserves the right t0 examine and review any haute development to insure that
possible fire code requirements are met. If you have any questions, please give nae a call.
Sincerely,
flick Jones Asst. Chief, Glenwood Springs
Emergency Services
cc: C.A. Betz
File
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