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HomeMy WebLinkAbout1.0 Application• WALTER E. BROWN III ATTORNEY AT LAW 1120 GRAND AVENUE P.O. DRAWER 2010 GLENWOOD SPRINGS, COLORADO 81602 (303) 945-2361 FAx 945-8903 December 15, 1995 Mark Bean, Planner Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: Petition for Exemption Dear Mr. Bean: I represent Elaine Bertholf. Enclosed please find a Petition for Subdivision Exemption and the necessary attachments. Mrs. Bertholf acquired this property from her husband. At the time it was conveyed to her, as you will see by the enclosed deeds, the parcels were separate. Mrs. Bertholf would like to subdivide the property into two parcels, one being 3.00 acres and one being 3.6 acres. Upon your initial approval, a detailed survey of the two parcels will be promptly prepared. Mrs. Bertholf intends to sell the east parcel under the existing zoning and retain her home on the west parcel, at least until June, 1996. She may sell the west parcel then under the existing zoning. A septic system will be used as a method for sewage disposal. All Garfield County zoning requirements will be met. Both lots will have separate legal access to County Road 114. There is an existing 15 gpm well on the property. I have consulted with the attorney handling the water matters for Mrs. Bertholf and it is her intent to provide water to both parcels through a well sharing agreement, which all but one party has executed. All state and local environmental health and safety requirements will be met. Taxes have been paid. There are no special assessments and the School Impact fee shall be paid as required. The property owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants are as follows: { a • Elaine R. Bertholf 0031 114 Road Glenwood Springs, CO 81601 Mary Lynn and Ronald John Fuller, Jr. P.O. Box 789 Glenwood Springs, CO 81602 Leonard B. and Mindy A. Langston 323 Park Avenue, Suite I-1 Basalt, CO 81621-9380 Floyd F. and Virginia A. Collins 200 Ponderosa Drive Glenwood Springs, CO 81601 Thomas E. and Mary Jo Papke 6778 Highway 82 Glenwood Springs, CO 81601 Alan E. and Kathryn I. Nelson 2115 117 Road Glenwood Springs, CO 81601 Valley Investment Properties 201 North Mill Street, Suite 102 Aspen, CO 81611-3202 Los Amigos Ranch 2929 114 Road Glenwood Springs, CO 81601 Thank you for your attention to this matter. Please direct all correspondence and forward the required notice to my office at the address listed above. Kindest re•ards, Walter E. Brown III Attorney for Elaine R. Bertholf WEB/ds 131WUit13' ? 110AI1.1J co,Iv1T'v1ISS II)NL .S O1 OAIti`II,1,1)'( C.01.111'11( C t)I;OhADu) 'I1 111Is_I_i_l_IUN II dlt. i [JI_lat l II I', I , l 11, fursuanl to C'.R.S. (191 1) :30r28 -I01 (a) I I ( as amended;', and the ,'i ivision itegulations 01 C;at (lel(' (`r► wily, uily,,.Color'ado, it(ioulcd /11 �t 1 3i'19/114 Secttpn ,2;2U.49, 1 e undersigned Walter ' E., Brown I I ; , at;#�,o t)' yu' b'r l teshectfully ipetttib�iis Elaine R. Ber,tholfi ,1 ', :;u 1 , t3oard of County C'omtiussiio,iers'i l(%n�lle'dlCdiu�,ty;'C'nhi«t�l}t�, 111() 6(6'1110 by Itesolutigti 1 �I, I _ '1 �' � • the division oI 6.69 acre, tract of land'linlp�' ; 'two :. (rich; of approximately 3.0 and 3.6acres each, mine 'or, less, Trona ; the' delitriti�.lu5' 'ol, "subdivision" and "subdivided land" as the lerntsate used and defined hi C ,itai.,(1911;1 Sectiiili 30-28-101 (10)(a) i I' I (d) and' the CUarlield County Subdivision' ,Itegulalion�t' Iot'I;he''t,(a.sons slated below: i To sell the lot(s), possibly ' td 'the ad�j acne ,t Owner(s): I , I _1' '1 I III UUIltl,l'1 1/\l, Iti QUI Itf�M1'sNI'S: 1''r' ,Irl Ic. I +I .I, Ili f I An application which satisfies the tevieWcutetia;tinust'11‘(!) with' ill tel fglloi*ing Information. ' A. Sketch ma 11 al, a mini n►utu,scale,of'i!'i 200'shoid'uig ltte`egal description of the i in operty, ((inien sion riul ateao1 all IptrimSepnrateintere4ts,lo be created,'nctess to a public riglrt-ol-way; nn4) any'proioset1 chse'tiientn for'drainage, irrigation, access or utilities I ' ' I; ' 'I ., I I . ' I I II 11. Vicinity' neap at a�minin,ltim,scatleof I"2O00'I>;liovvitit' tlre general (topographic and geograilpl1uc relation of ll,,e prohoied exbtli itin!t t¢ the ,surrounding area' 1.within two (2) rtlilefi, for which a cop�i Of ti.S.U...s: cju,ta'It'angle map may be Used.., C. ' Copy of th'e'deed showing ownershil,, by The 'nopli anl,;or',a letter, from the property owner(s) if Other than thenppl,iealtit:, and, 1I, �' ' i 1.). Names and add t -f sses ;(if trwnets of tCpgrd'u(`ilir(tldl tb, im diat'0.1Y. attjolitthg i4nd within 200feet lcrfttrep :nl►usedexet4(ioi4r'trirteTlitiivnnI flndiesse*slofMineral owners of record of the, jn i pe,r,ty,torbe etainpihd;! 1i ,it,l'Itcrihnl of any'stru• cture,' '' F ,, proposed For cionvers),(n; la1'id , ' "I : •, I ' I , • i?. Fvidence of ate Soil (*pea and eha ptglerjs('ett 6t emit lyl>e; rrltad , v. ('roof' 01. legal aird ailc'(lrtaU'e�sotn'ce Igf'domestic v. 11I ior'eai;Il,Idt1 erealed, method of (sewage disp(isalf and letter Of nppl'o'val ,of Mite protection plan (loin ' I i I 1 appro.prinleJim distriei; arld' 1 If conncr✓tioir to community .of municipal water- o sewer system. is proposed; n letter from the governing body a talingi.al;willir►gats(; to sw'/e; tint.( 1' , I. Narrative explaining wlryerein'ption,is'Iieiiigiredtte,I d;tr0rJ ' I. 11 shall be denstrnted tlntt'tl,aeparcel+exifiteil as(,te lR:�rili�'ed,'on Jattiu mciary,i, 1973 I or the parcel as it exists,j�resently hi one or not, o', I'r(i'i'e' (hair three' parcels created 'roma larger'•'Parcel as it,ieidsted o11,J'10,111ary i,IIIi971!I lI'I I ,I A $300.00 fee must be su,biriitted witli, tilts Iall'Pji� ,>t i ti'i� ,' � 1., `Ii ... , I 1 it I C,. • 1 III 01 ','I 1't~tltipl4l�r `I Welt kr' E . '. Br own �, I I TS ti �, P' ,� 1''! ,', 2Q ;' , Ino I'A!y,Inue' .1 tS 't' tll'��li , I ' I T., T.... T 1, i 11►� iii�tg lid( Ces; I 11 'gIenj ood, Slia,gs. polorado ' (hi'ty' ' , ' State , ' w ; I' (970)945-2361 I Ib '' I 1 I ,I11. 1 I 1"eleplaoirrr Number 1 1; 1 f (Itlti'r<I of(:,Otinly ('OulnllssiOncrs Ilil,s the (I,i cI'ell(,)!1•1lry'li,n'er to•exlaiilhl, it'division of Irtnd , '(he ticlin11U)f OI' subdivision and Ihcrel')y Iron) lie'' proi:.eclll'i'1: ili, l'i'uese 1 (gulationk � t-t)Ittlj(ite(I Il)L Iloar(1(leterinines !hid suchexcinli(ion twill Blit i'i)11),li('or(I('feat II slit led purpose ).ltilll811bllivisioii Itegulations liar lie (letrirncnlctl lo the genoral ptll�liei,welFarer '1'�1e !?toarcl " I Shall (llitl(e exemption decisions i11 atC(or'(I(II1Ce''\vitll the rC(I,1'tl,rekllellbi of 1IiCSF: regulations. 011owint; a review of Illc'individual firclrl of each ill)1)Iicit1i(,)ti it11,1Iij.11 ,Of IIIc ieyilirel)tetils Of these Itegtilations, II►'c'lloitr'(1 may approve, cfn'dilion(►'Ily appy n)V b'Ola)rI11'il1y all ex(TI)l)lioti. 'Ail I application for exemption IIl11Sl :iilllily,'atitt I'Milli►tttin,1a ll,hl.,1111 �,,,(�411, ' l rilk;l;lil.�Isled l)elOw f 11 1::oinpliance wi.Ili Il'ic rev'iewc:rilerja, Il()wi'VCI'; (Io(.S I►(7l,GI,1 dite.,:e c etitpI la ,1 tJ itr 111'il•lr.(Ialso,rnay; (!outsider 11(1(I.ili0nitl fitclors listed in IiG,t;tiOn 81,.60o1'1h(✓,Sitll sliv'isi}lil 1'1';tll,tyi'1;)Ils'., 1i.1'_, i,,,)1 ! I I I No more thiin a total of li)ttr,(Ll) I(ils, pa reels,'inlercists t;tJ�IWelling 1ti ils will becrlea'lela 1'1(tiliI any parcel, as. Ihat parcel )I'd described '111 the I11 OF(IS ;� 1 ' ,, , I ,�k i I1llr4.'C,tt,tlield Couilly (. Ierk and Itccor(Icr's Olike tri, January 1, 1973, a'nd is not ii part' of a recd'rded t llbdivisi0n; however, ;iny parcel, to lie livide(,I 'I)' exempliiin that is'Jipli1 by ,a public right-of-way (Stale or Federal highway, County i(in(l or railton(1),,(i1r natural feature, preventing joint use or the proposed traclti, and the•cli,vi'sion','1)ccurs along the public right -OI' -way or natural Ie ature, such 1)arccls lllcrcby' :re.ale(I' j{iity+, at the discretion Of the !tom (I, not beLOnside,,re(1 to have been creille(l,byrcxl ni'1Aioil,willl regard to the lour (4) lol, parcel, 1nteresi or tIwcllin'gi,tlnit linlila'tion cilli'is'ti'<Iitie"ir11tti11ic:illt(,. Il All (1ttItJd ( otitily i3Oniitg r(.(luilUnteitts will r'1tl;l, 1111(1;' ,( All lois created VII1 ititVe Itgii1 ICbe(' 1t) 111'1)111)1114 1Igi'll ()1vit•,y, itII1.i6'11y,'necessar'y'8Cell.SS',' ) I easen►enis have been obtained ()rare in the process, tf,be,lll4 til l, iuiid; rind' ' 1). ' I'rovision'has been made Farah a(ictIntlle Soilree nf�wiite'r in ile �l;i,�if.b(i1Ii he legal and • physical quality, gnaw ily and d$pcndahil,i,Iy, ntipi ft Sui'lal le,lypc i)1 sec vageclisliosa) to serve: each proposed lot; and . i i II i 1' , 1: -All state and local cilvironn ental Ilea IIIt tnd safety I'cquireliieilis. Iitiveliecin niet or are, in the process of being Incl; ands t' 1 I I' I 1 • Provision has 1) (11 made:for any required road or storm (Ilain.ig, ilhpi•ove,ntcul,18; and' ' I ,,1 I7irc I'0leclio11 has been ill)IirOvc(I 1)y, die ii lipripIIIIIe,lilc (li;;!lI(�I', an,'" '. 11. Any necessary clritinirge, i,rrigalicit' 01• ti,lilily elIsenie,iris ti I'.'e'h4.1'n (0)111iileict or are in llie 11rOCesS al l ilii; llbtiiiitecI; and ' I' I .i. ,'II �I' 1i 1,' �i '1, ',1 ��il l.' ' 1l, U I 1 ,b' ' ,11'1' I 11� "1 I,n11'II School fees taxes i et �,1 I'i X11, FI 11 .I i'. tall special' h,tvrr l5ee�>t );)al�,l: { , ' ("l'he Scheidt 'Inlpal'I I'cc is'.12QO O1),I0'r each i'iew','hi1CI,oaled).',1,1 PROCI'sDIJIt I:S 1 ,'1 11 ', , i 1, 1 111,1: +',1 A request 101 exemption shall Ile sublililled to,�lhte'llloa'rd oil, lortins provided by ,the ' i' 11,1 1 1 C;arlield Comity f)epai !mem oft)evelO1>;nlent/Pl ltmi1lg9IvilSi'l'11 "1''t)(2) c,bpies9fthe ' ,'4' ultl)Iicaliun 1)1111m, and supplemental inlurnlalion sli ill 1oe'snl�rl'lilt'Ied. 1 ' ' i' Ia 1, y,1 I I' P 1 II' I I'I 1111 II Ii1I111,,1 11 „I I 1 I 'I 'I I I I. I I . II II, 1'Ile f)lanning 1)ivisionINI,,1;lIl rtVic1V (IICCxelIt'f)lton ICi 11.! ,''`0)l t >1q.1)I0 eliess'wilhin,eighl " (8) clays OI snl)ntilta1 11 inch 11 )Ic(e;,.the' til l'iitalileht1 s�Illi1�,11 Ilic.� wiit c1rOvlt Iroiil:, I c(insideraliuII aticl:lltc nf)f)lic;lnl i�iutifiecd �),I•fhe,a(1(Iiitl)I'ilat,i � .1)f, ,I' llitlii(,t,,nr((_1ec�..Jl,llte, I al)I),IioatioII iscon,t;Illete, Ills;tliplili:tlitil.stti11I 60'600-01 in '.';i ' 1 III( Iilnca�rt(I i.1a111ce, Of lIit Ana I'd OI (,'(1(IIII '�)(Iloll( 1:; Y '( ) 6� I!i,i stncelnilrli, )1u1,1�1!, IIIIr:1 re�ln'esl sli'a;1,1 he. co.w.iidei-e(1. Ineillllcrcow, nOtil'i(•a,Ilon'shlrlll',OC(UI wit101r fill, lch,(I;5')(lay!,OfsttImpitI�11.,' II 1 I 1. Notice 611ire public meeting shall henitliletl lagc:c, ili'edLiiltl�I iI:IIII►I receipt requested, IO owners of record of land' immediately,►, I'oinii> > ' I b and �Y{I all Jo() 100 Of the I)i.ot)osecl exemption,' to mineral. owncls,811(1 'I,es);cc�t',ol:,nuneral own((sl of recor• d O1 the land 1)roI)c)sed for excntpli(ti, and 101 ICI1 I1Is t)l ati,y'str,ilclilre pi ollo;,cel lot ,cc)tiv(tisi/n. the cxenll)Iion site shall I)e posted i:Ii,arly, 80(1 c�)Iii;1)ietioIIsIy'visil.l(•Ilro,,i a 1)uhllc right' ol= way with notice signs Iuovi(ledlhy the Planning IIivisIun. {All jnolicc5 shi•lll be ntaile(I al least Fifteen (1 S) and not more Than Ihlrly•(:!o dayslf)r'io, 10 1jl(!. Lncelinf;. The applicant shall be respon;;il)IcIhor nlailingdie notice 811(1 shall I►Ii'(�s;c'i I 1/1:001` of marling at the l meeting. Al or within !Thee() (15) (lays Of the meeting, the ''him 4 tthall approve, emidiliontllly ; approve or (l(ity the cKcntption'rccluesl.' Theicasol1ii lol'(l( II 11' 9r, any conditions 'of itl)provalshall beset lintli in Ih(e'nin(Itesofthc,ntr.Icli(�h�'o',,,i(h ,I�fit en'iesOIntion� An dI)I)li(:tlnl denied exemption shall,f(oIIo'v lllcst h(Ilvis'icill ,I)I01. Ii! 'l111 IIllI e:seregiulittions. 1 1., I ", 1 I I I I" 14 'II! I '' II I tII I II II11 II II 1. 11 ' r 4 'CII 111 I . ,I 11,1 Ii'1', 1' (' II I, • I, I'I I, ' I ' "I 6,, o'clQ>ek • .til. Recorded at. _ _2�n 0C' E11'a StepN.eri._> Reception No. Tnfs 1)E$D, I � 1 • Made this 27th day of July r 197 heLv sen DESMOND D. BERTH OLF of 1 he County of Garfield and, state of Colorado, of the first part, and ELA INE R. BERTH OLF' I ..1-.ltecorder. SUM UUCU'1EUEAR'1 EEE of the County of Garfield: 1e1d and Mite'et ' i' — 1 . Colorado, of the second part, WI'TNEs *rrli, That the said part y of the' first part, for and {rl'conp;ideration cif thte'dum of I One Dollar and other good end valuable, considerat ion ' to the said party of the first part in hand paf!d' by the. Raid party ' of the' sec ind part„ the receipt whereof is hereby confessed and acknowledged, hag remised, released; sold ,conveyed airQUIT CLAIMED, and by these presents do e S remise, release, sell, convey and' QUIT CLAIM unto the sa1'd /nut y 1 , of the RecOnd 'part, her heirs, successors and assigns, forever, all the right, title, interest, ' claim And demand which the Raid ' lying and yartY of the first part ha S ' • in and to the following describe lot or Parcel of hind Situate, C'onnty,of daIrf,leld : and,St.at'eof Colorado, to' wit: I bcinginthe ' A tract of land situated in Lot' , Seo.. 1, T. 7 s., R. 89 W. e 6th P.M., described as ' followd: ;I CornSir+ afoLp4�n Beginning at a point whence, the Soothe st Sec. 1,T. 7 P: , R. 89 W. , 6th pe,M,I , bels87*53 W. 450.96 feet t' thence S. 88° 15' E.113'3; 160'' feet thence N. 1'14' E. 197 .08, fleet,; thence N.' 8'7° P6' 'W,1.133'.66 feet4 ' thence S. 1'14! 'W: 979.76 feet to .the point of beginning. containing 3.00 acres more or'l,ess, together w1th all.. improvements, if any. 'a Grantee herein he,rebylassumes and.'agrees tO' P, the unpaid Y balance, if any, of all liens or ttortg0ges,', if any., 1 , , 1 1 1 11 ','l ' �, ° �� II 1':1' II 'I , TO HAVE AND TO HOLD the game, together with all and Rini -tiler the eppu!rtenancee and privilege! thereunto belonging or In anywise thereunto, appertaining, and all the estate, right, title, Intetest and claim whatsoever, of the said party of the first part, either in law or equity, to the only Proper use, benefit' and behoof of the said parj of the second part, her heirs and assigns forever. '1 , , 1 1I '1 ' IN WITNESS WHERE0f, The said party of the first part ha g : 1 hereunto set h i g hand 11 1 :, 1 1 +md seal the day and year first above written. 1 I as IA) --•[5EAL], e J3IAQCIt] `1 ,I Be i'"°1 i Signed, Seated and Dalivered in'the Fresenoe of , ;'I [SIAL] i , I, , .11N I: I I i I 11 [SEALS ,, i [SEAL] STATE OF COLORADO, "P. County of Garfield. The foregoing instrument was acknowledged before me this 1973 ,by• Desmond D. Bertholf 27th day of July I1 (i( (XIhOSOCIOIEXiiQltlIMXXXXXXXXXXXXXXI* . Witness my hand and official seal. 1; i i. 0; 11 ; I; el 11".. Associate Clerk of, theLDlstrict, CoUr't NO lfrt701[ •Jt bynatural ri non or aine oe pore lsonnsnrexeentor rattorne: Why teo iothnrle*n I y rgr�d ription�rl(Cb t officer of or attorney-in-/art.n,hen then etas, name of ' cer+or on y q tl to pnrnlhn then Innwrt nrtr+» of such officer or camera, as the pr'oelde7t Or Other ottltwrd of norh Cocpor'n °n. nwnr R (t:-om efatutorY Aeknoule•Irmm!nt, lice- 11R +-1 Colorado AovInod,atntuten108 , • Nn. 913. (turf cf./tint lir,:n..-ffrndfprd rnhnnh1 tirs 6.. 824-4! Mout Street. Denver,.Cnloredo--8-18 I• , I : 1 , I. I! Ii I I. IL Bock' 4+48 II ,'Pfx,f,e 214 5 + Together with, all and sin'gula'r t h i App urtenaneesland pcivi- TO HAVE AND TO HOLD THE SAME, g in and alll, the es' ate, right,' title, interest and o belonging or in anywise there�tinto, appertain g, , leges thereunto to the only proper use, of the first part, either lin law iir equity, art, I claim whatsoever of the said p y i heirs and assigns, forever. of the second part, her, benefit and behoof of the saidpaity I hereunto set his hand The said part y of the if kit part ha 's i IN WITNESS WHEREOF, ' 1 ' 'Ii' the day and year'first,above written., and seal Signed, Sealed and Delivered in Presence' of I ........................................ ...• ..........:.................... •......I.',.i•••r ... it STATE OF COLORADO, Iss. County of Garfield pf;( iicr ( J. gra L'%vk--P in the State aforesaid, do hereby certify that 41 _ I i -' rd (SEAL) Desmond D. }3ertholf (SEAL) , I cc c , lc (1311.1) wr+Tj , f II 1 , I I I 1 1�h) (S I I, I r Desmond D'i, Berlioif personally known to me to be •the person • whose na• me I da in person, and acknowledged that he before me this y w 11 his free and vol�.ntary act ,for went of writing as -1 Given under 'my hand and , of niigust 1,01A00 Al J Ypl .4103wranrissiomalipireit in and for said County Deed, appcated is � nbscribei 'tio the '.foregoing "PIM I � � I r I� ire said in9tru- ed, suited'and. deliyered,t ecgn I i the uses and p{rrpc'�s.5,thereiu set forth., II soil, this I 'A.,D.19 7,3 1. 19 '7 _` day „ 1' 1 • Recorded at. .: .._._o'clodk. .P.:Jii, Ma}i..S...:LS�b.. Book 365 Reception No.......2 9661 _ C a p � � 2 ----_.._. ....... •� _ s � S. le eAa. n1. ece di'. ' Page "i THIS DEED, nr1'e ta,t, 27th day of April n the year o.' 1 i:. ... ;'�; , f,sa bundled and S IX ty-five t' between JO.:reHI]d� CORYELL' of the County of Colorado, of the first part, and Garfield and State of al 485 F1L1NG S!TAbIP ;4 99 I✓E.`�i,1011D D. B'sRTHOLF and. ELAINE R. BERTNIGLP ,'- of the County of Ga r F I e 1 d and State p{ Coioradi,, of th ebconr] part: WITNESSETH, that the said party of the first part, for an cansider�}tionl alt, tha Rum bf 1 AHD OTH,,ER V1ALUA�Lh' aON3IDa.R.P.Ii QNB I14.i-,'L..'':LI'r. .__�.-_,� .__XyMyii4 and other good and valuable considerations to the said party of the first part In liana, paid by Ishe mild parties of 'the second part, the receipt whereof la Recorded at. : /15 o'ciock 'Al.; ./116,1;n t # !Lc)/ .3 t e,pla s t 1, Reception 11111C_29_,,5...q. _Recorder. 1100'k if Page 2113' THIS DEED, Made this , 27th 1 day of July .119, 73 between DESMOND D. BERTH OLF 1 of the County of , Garfield and Oa e of Colorado, of the first part, and 'EtikINE R. BERTH OLF • • 1 of the County of , Garfield • nnd state, of Colorado, et the second part, WITNESSETII, That the said part of the first part, for and In ConsiderntiOn of the spin of 1, One Dollar and Other" good and .;treluabie'i'e,onsideratiOn,, wattwie, to the said party or the first part in hand paid 'hy the, iveid Party of the ae/otid part, ithe receipt whereof is hereby confessed and acknowledged, released,l!!!!bold! cioni4i;c14,, and. :QUIT; CLAIMED, end 17.7 these presents de e 8 remise, release, ll, convey and QUIT CLAIM nnto I ttio Sdtilf,part of thti second,part,' , her heirs, ancceesors andvissigns, itever,nlitheright Htle, deniand which thenald party of the first pert ha9 'in rind to the following .cletterilted lot nr parcel of land situate, lying and being In the CountY0(, Gor,f le i'd • RoOilknte'pt ColoradO, to wit. A :treot of land being 25 feet Inwldth, eltuOtecl!, 'Lot '8, of 'Seail , Tp.! !7 S.", H. 89 W. of the 1'6th P,tl. GarfieldHICOun,ty, 'Colorado. (lying Easterly of and adjacent to that,:traCtdeaerfbed in Doc. No. 229661 recorded in Book 365 at Pe 485!!!in, the,records in the office, of the Garfield County Clerk and Recorder), de21pribed es follows BEGINNING et s point whence the Sutheast 'Corner of Lot 9 in said Section 1 (being the same es the southweet,Gornerilof said ILot 8) bears N. 88'15' W. 133.60 feet and S. 87°,53',45"HW 450.96 feet; !, thence N. 01°14' E. 977.08feet alohg'tha Eaaterly'llnel of sa4d ' tract described in Book •65•at P!age.485Ht0,the Yottrilst corner, thereof; thence S4' 8-ep61!!Fi25.13110!!fe#;!Lthleticel'IS'Ori/P W. 976.58 feet; thence N., 881571, W.25,feet•*9!fmpOlnt'of:beginning4 containing. 0,56 loran, scre,)! more Orjasa.'•tbgefer,with.all, ImproveMents, if, any.'!, ! i•!!•,1 •, SUBJECT to ail el asements and ,rights- of • -limy. • , •• ! • I 1. I TO HAVE AND TO HOIA) the' same, together with all and sinitdar the appurtenances and privileges thereunto belonging or in anywise thereunto'appertaining, and all the estate, right, title, 'Internet and claim whatsoever, of the said pnrt y of the first part, either in law or equity, to the onli Proper ,use, benefit and behoof of the said party of the second part, her belre and assigns forever. • TN WITNESS WHEREOF, The said party of the first'part ha's ,hcieunto set his hand • and seal the day and year firat above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, 1 County of Garfield.fe- ' • / The foregoing instrument wae;acknowledged before the this Z 7th 19 73 by' Desmond D. RerthOlf -1 11 . , , • , , 1 , r• ' 1 ...- [.,SEAL] vesmohd, !"vcrthd,' [SEAJA ,. , . 1 r[SEALj. ' i '' , 1 1. .[SEALj '':' ' L, ,• ' • 119EXONOwisawuroxxxxixxxxilxXxxso . . . r..4. • •-••• 1) . • L. fi 0 ,•, • .... ri I ' 2,C) 1) • day of July . Witnese my hand and official seah' 1; '1: , • I ' 6 jet riot' Court illsnIcems IF, •,. it • 1 1 1 111, 'Ir 11 1 1 1 I , ' I ! 1 J.1 • • • 1 tHI 11/i 1,1 1 •1f by neturn1 pprmon or p-rone horn Inotrt tutme, oi• os.nissi Itibriperooti ,4I,Int !xi A''NereeentIctive or offfrbt1 cajottoity CI r eitorney-lo-fmo, then inner,t minis of orrnon emOx0eltbr,_ attoriler-14-fect of (Other cape/111y or deact1011oh; 11 hy officer' of tor- OoretIon, th9n hin,rt name of much offlehr or Offle0rn, 1u; the pre/11(10ot �r other offloeh, of 'Itch oorporatIon., naming IL—Statutory '• iteknourte,!priment, Sec. 118-4-1 Colorralo Revlp1 litAtotem 1948 • . , • , 1 • ,•1 , t , No. 933: qui r cr.AIM 111,:1,1.•-11ratIrco4 riddlehlott CO., 109.1.44,Stont Street, beguiler, Coloreclo-i3-78/ 1 ' , • , 1 No. 756. QUIT CLAIM DEM —HT;. Reception No`,:)�l )8 '9 El1.rt Ste J)11(H .,� THIS DEED, ]Made this 7' day of of the of the DESMOND 1) . 'BERTHOLF County of k arfie d ,I Ii ELAINE R. BERTHOLF County of Garfield ... ..lie /order. , 1373 ', between I ' 1 l'i? ! q SIAil UUCUIEfl ARY FEE III I I III ISIte and Staof (�olorado, of the first pati, and and State otl Coloradoi of the second pert, II WITNESSETIi That the said 1 1 part y� of. the,firs�'�partl�� �o� �tl�� 1+s �Qnsi�de�rd�ion �of,�ti�1e Burn of ' ii I, I' i 1 Ili�'I� III I �'I 1 , TEN DOLLARS AND OTHER VALUA3LE' CONSID;E'1U\TION 4=-I- _",,---.___r-__X)rlll}{� ,, 'i 14I 1 to the said party of the first part in hand ;paid' by the said part y riff the's;ge'ond part, .the receipt I i whereof is hereby eon.feascd and acknowledged, has remiscd,'relea.$etl, s�lld, coliveyed and Quit -Claimed, I I I I I , I and by these presents does realise, release, sell, convey''and Quit -Claim !info the saki part y, ' of the I p , second part her heirs and assigns foreverl all the righttitle, interest, claim and demand which the 1' I said part ,1, of the first, part hn. s in and to the following deseribecd real ,property situate, lying n.nd being in the State of Colorado, to -wit: County of arfi.eld A tract of land situated in Lot 8 of ,'Seckion' 1., 'To41hshi_p 7 South, Range 89 West of the 6th Pi.4 , 'described ap 'follows r Beginning at a point whence "the,ISduthenst t,Corner of Lot 9 in said Section 1 (being.'the Isanhe gas the South- west Corner of said Lot 8) bears N. 83°.1.5' West 158.60 feet and S. 87°53'45" West '450.96 ,feed;' thence N. 01°14' East 976.58.feet; thence '5.,.87°,06' East 143.94 feet; thence S. 0.0°44'36" West '973.80'feet; thence N. 88°15' West 152.21 'feet to the point.of beginning, containing 3.31 acres', more or less.t, Together with a permanent easement: ,25,1 feet in width for a right of ways' for ingress and egress' to the, ' above described tract 'Of land' fromi' coloi:ado State Highway 82,. I 1' Subject' to that (certain permanent easement fbr a ;I right of way 25 feet in' width' over, Said lands' as described in that certain Warranty IDeed, redoxded in Book, 375 at Rage 289 of the records for' Garfield County. I 1 and druid Publishing Cnmpany,I 1824-46 StoUt Street, Denver, Cot,rndo-1.tl ' I I• • I / Book 383 Pee 188 • L.• , • 14) Recorded Reception Chas THIS DEED,Made this ,f/41' day of February 1967 ,between JOSEPHINE CORYELL or the County of Garfield Colorado, of the first part, and OESHOND D. BERTHOLF and ELttINE R. BERTHOLF of the County of Colorado, of the second part : ,,State bf Garfield and State of Recorder's stamp WITNESSETH, That the said party of the first part, for and in e )naideration of the sum of One Dollar and other valuable considerations X1:56VIMMIK to the said part y of the first part hi hind paid by the said parties of the aecond part, the receipt whereof is hereby confessed and acknowledged, ha a iremised, Ireleased, mold, conveyed and quit claimed, and by these presents does remise, release, sell, leo:oleo, and quit ehim unto the said parties of the second part, their heirs and assigns forlaver, not in tenancy ht common lwt in joint' tenancy, all the right, title, interest, claim and demand which the said part y oi the firrt pert la s in and to the following described lot or parcel of land situate, lying and beingin tit I County of Garfield and State of Colorado, to -wit: 11 tract of land being 25 feet I.n width, situated in Lot 8 of Sec. 1,,, Tp. 7 S., R. 89 w. of the 6th P.H., Garfield County, Colorado (lying Easterly of and adjacent to that.tract described in Doc.No. 229661 recorded in Book 365 at Page 485 in the records 'in the office of the Garfie County Clerk and Recorder) , described as follows; BEGINNING at a point whence the southeast Corner of Lot 9 in saicL Section 1(biing t he same as the, southwest Corner of said Lot 8) bears N. 88°15' W. 133.60 feet -and . R7'153'45" W. 450.96 feet; thence N. 01°14' E. 977.08 feet along the Easterly„ lithe of slid tract described in Book 365 at Page 485 to the Northeast corner thereof; thencel S., 87'06' E. 25.00 ft; thence S. 0114' W. 976.513,feet; thence.14.. 88"15'W 3.00 feet to the point of beginning, containing 0.,56 of'an acre,tore or less. , RESFAVINa an easement or right of way over and across the Southerly 25 feet of the aboN're described tract of land. 11 There is also hereby conveyed an easement and right,of-way 25 feet in width ' extending in a Westerly direction from the easeMent and right of IlJay hereinabove reserved to Colorado Highway 82. CORRECTION DEED to correct deed recorded as Doc. to. 234267 in Book 375 at Page 307, Garfield County Clerk and Recorder's Office. TO HAVE AND TO HOLD the mune, together with ,all4tiqlsingpila the appurtenances and privi- leges thereunto belonging or in anywise thereunto ,appertaining, andieli, the, 'estate,'right,' title, Interest, and claim whatsoever of the said part ,y 'oi the first part, either ip laW of eqUity, unto the said parties of the second part, their heirs and assign; forevei, not in tenancy in, eonambe bUtiin j6int tenancy. f , , ,i. , 1 s ' IheeulatO set IN *WITNESS WHEREOF, The said party of the'first part ha her hand and seal the day and year first, above written. , 1 1 , Signed, Sealed and Delivered in the presence of cftti.,:t../i,t 1.'ilm/.11.....c. 1 1>r:-.-t:t.d.--.-ce.,.11:Y-e. [SEAL] (1 Jolephine 1 CorYall q 1 1 i 1 r 1 : • [SEAL] STATE OF COLORADO, Ise. County of Garfield The foregoing instrument was acknowledged before 1128 this 19 67 JOSEPHINE CORYELL. ...‘vi . gi lly commission expires ,1- .7.-1 -(01 • . • • .... ..,. .......... . . IN .., : , .7.• '...) ...„ WI,TiOSS my hand and official seal. ...i.: C1.: ;. •*; A ,-. .:,:: • 0,4, ' r'' '. i :: 1 .• , • : "'..: ..- ,.• '',....7,:11.- ..... ...';,..,..' - I ' [SEAL] day of February Totery Pubes. L CI ',I41 JoInt'ronant.. --ntsdforli.noblason Printing CornPatit, 1/121.1$ Stain Street. Ibrts..•r. Cilorade aice 1 nr.V „ t one thousand nite0--• dret1 and sixty- eight ' hetwee St Ail IJUIMIT itt 1 , L, BANKS,:and,LAWRILF.NCE F. J3ANKS of the County of Garfield,' . , and Sthte of Colornde, of the first part, DESMQND D. BERT1-10LF andIELAINE P. BERTHOLF of the County of Garfield and State of Colir'n,e; of the second part; 27,1;j1S, Witnesseth, That the said part ies of the first Part, for :mil ,in conAleration of the sum of Ten Dollars and other good and valuable' conSideration, , nattxRs, to the said parties of the first part in hand paid by the, raid tnatie'l of the second part, the receipt whereof is , hereby confessed and ocknoAdedged, ha ve , granted, baigailied,l'olil le1 Con(?yed,and by these presents do grant,.bargain, sell, convey and coal= unto the said partieS,or '00 sc!ctIll.,part, hot in tenancy in common but in,' joint tenancy, the survii'or of them, their assigns and the lichn and assig,isiof such survivor forever, all the following described lot or parcel of land, situate, lying end 4616 in the!onotY ef , ' Garfield and State of Colorado, to -wit: '' . ., „ . , , _, , , • . , , , A tract of land situated in Lot '8 of Section .1, , [ownship 7 South, ,Range,89 West of the 6th P.M., described as ,folloWs; 1 , Beginning at a,point *hence the Soutben!st'Coli'aer of Lot 9 in Said Section 1. (being the same as the Southwest 'Corner of St aid Lot; 8) bears N. '88°15' West 158.6,0 feet and,.S. 87°53'45" West 450.196. feet; tlimce N. 01°14' East 976.58 , 1 feet; thence S. '87°06' East 143.94 feet; plene S. 00°4436" West 973.80 feet; thence N. 88°15' West 1512 21 feet, to thePoint of beginning, 'containing 3.31, ' acres more or less. ' , I • ' , , I I Together with a permanent easenient 25 feet in Wid,till I.Or tight -of -way ,for ingress and egress to the above-desdribed Itract ‹if 'land from Colorado State ' „ , IIighway 82. ', , i' ' • 1 • I • , I , I , 1 , , I Subject to that certain permanent easement f(4 -;a right-of-way 25 feet in width over said lands as described in that certain Warrahty Deed recorded in Book 375 at Page 289'of the records for Garfield COurIty,. Together with alland• singular the hereditaments ilii nippurtenancesithareto belonging, or in anywise upper - Wiling, and the reversion and revel sions, remaindei'andirernlinder ifls, issues! and profita thereof; and all tho estate, right, title, interest, clhini and (lei -nand whatsoever 'of tile s1of thc first aid pint its ,, part, either,in lawicer, th , 11,0,, .1 1 104 .1, , equity, of, in and to e above bargaineet premiSewith the,,,IlereiNtqh'igqii9 awl rhOptirtenancee. tr To Have and to offold the eall premises above 'bargained and dbs-viheel, *Ith the apputtenances,i unto,,the iliald, parties of the second „part, thsnsurvavor of then, their ossigns! and 1.1),-: heirs and assigns of such sUrvivor forever. I, . it •!eilr. And the said part ie11 s 1, of the ,rs part, for ' their-1SO veS, i .1 nenrs, executors, and administrators, (1'0', , 1 and the heirs and assigns of such survivor, that at the time c)f the misc.:ding and dhlivery of these presents, theyar. i covenant, grant,' bargain and [,gii-Oo to Anq'vyith the Said part l'es' of; the second part, the tiuryls;o'r of them, their nesigns 1 i %veil seized of the premises above conveyed, as of good, erne, perfect; absolute and indefeasible. estate of inheritance, ,in law, in fee simple, and have good right, full power and lawful authority to gtant, bnrgain, sell and convey the same in manner and form aforesaid,' and that' the 'same are free and clear from all former and other grants, bargains, sales, liens, tuxes, naseasmentS and inrambranees of Whatever kind, or nature oever, except taxes , for the year 1968, due in 1969,, andla deed of trvst recorded in book 377 at Page 230 of the Garfield County records, which grantees assume and agree to pay; and the above bargained premises in the quiet and peaceable possession 1pf the snid Parties of the second part, the survivor of them, their assigns,and the heirs and assigns Of such survivor, ogreinst all and every person or persons lawfully claiming or 0to claim the whole ,or any; part thereof,the saki Parti!t3 of the first part shall and %yin, WARRANT ANI) FOREVER DEFEND. ,, .,. In Witness Whereof, The said part ies. ofthe Arab part ha liereunto set , their hand S r and seal s the day and, year first above written. ' ' , ' ' ' , '' ,,,i'' ;Jill . A , . Signed, Sealed and eseriee P th d i Deliveren e ,ri 1 -II' .0 ,11,. airry q..J3iks I I I STATE OF OF COLORADO ) ' ) ss. COUNTY Q11 GARFiELD) "f1QBk il'he,fOregoing instrument was acknowledged clay of IVIaych,i 1968,. by LARRY G., BANItS. - turs5imy hand arid official seal.: :11j commission expires , • ' 1- I before me this 27th Febrult.L.Q,_ 1P7_2_, , ,.1) /- ,1!_ez.7/-,..41./,(.../1.1....., ,• ,-.21/ ' ---' 1 ' . , • I 1 NT .,,:n, A \P 1.,........ 1 , IT ..,------=- 1 / I - , -.., , . _ -,,, ‘, , , ,,---,' I ,,l' ) ; ' ,) C_, 15/iyi 1 - 4. ---__ t,--, I ' (,„" . - -, --- iki',,f •----- ( ' _ ) ' - -./ , --------- i -L , l',/ 9: , 6 ' ----- ' / / (•/ ) 78-1 , _ ... - / ,— --- -----,_---- --- ilmodood' WELL -SHARING AGREEMENT THIS AGREEMENT is made and entered this day of , 199 , by and between Elaine R. Bertholf (hereinafter "Developer"), and (hereinafter "Buyer"); WITNESSETH: WHEREAS, Developer is the owner of certain property located in Garfield County, Colorado, described as a tract of land situate in Lot 8, Section 1, Township 7 South, Range 89 West of the 6th P.M., more particularly described on Exhibit A attached hereto, and Developer has received approval from Garfield County to create therefrom Parcel Nos. 1 and 2 as depicted on Exhibit A attached hereto; and WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. , pursuant to Colorado Division of Water Resources Approval No. , which will provide up to gallons per minute of water to Parcel Nos. 1 and 2 for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns; and WHEREAS, Buyer has entered into a contract with Developer to purchase Parcel No. , subject to this Agreement; WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Water Right. Pursuant to a Quit Claim Deed from Developer to Buyer of even date herewith, Buyer owns an undivided one-half interest in and to the right to withdraw water from the Well. 2. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in and to the Well, pump, meter, and associated facilities for the withdrawal of water located at the Well. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in the pipeline which delivers water from the Well to the point at which the individual pipelines which deliver water to the residence on 1 • • Parcel No. 2 and the residence on Parcel No. 1 diverge. The owner of Parcel No. 2 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be constructed on Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be located on Parcel No. 1. 3. Easement. Developer shall convey to Buyer a nonexclusive easement in the general vicinity of that shown on Exhibit A attached hereto for the installation, operation and maintenance of a water pipeline for the benefit of the owners of Parcel Nos. 1 and 2. Should any party desire a more specific legal description of the alignment of the pipeline and easement, such party may, at its sole cost and expense, survey the pipeline alignment, and the parties hereto agree to execute any necessary quit claim deeds in order to accomplish such purpose. 4. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally among the owners of Parcel Nos. 1 and 2. The owners of Parcel Nos. 1 and 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines. The owners of Parcel Nos. 1 and 2 shall share equally in the cost of maintenance, repair and replacement of that section of the pipeline which they jointly own. The parties agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the parties are unable to agree upon any required maintenance, repair, replacement, or improvement, either party 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 a party determines to undertake such work, he shall notify the other party in writing. The party undertaking the work shall upon completion provide the other party with a written statement of the work performed and the other party's proportionate share of the costs. 5. Operational Costs. Each party shall install at its own expense a meter on its individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos. 1 and 2 in proportion to the amount of water each owner used during the preceding month. 6. Payment of Common Expenses. The owner of Parcel No. 1 shall be responsible for collecting each parties' share of common expenses. Each party shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is 2 • • presented for payment. In the event a party fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the party which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Use of Water. Each party shall be entitled to use its undivided one-half interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more than 14,520 square feet of lawn and garden on with each Parcel. 8. Waste. No party shall waste water, and each party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1 and 2, no party shall use more than one-half of the water physically available at the Well. 9. Fees. Each party shall also bear its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 10. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. 11. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 12. Amendment. This Agreement may be amended from time to time by the owners of Parcel Nos. 1 and 2 in written form and executed in the same manner as this Agreement. 3 • • IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. STATE OF COLORADO ss. COUNTY OF DEVELOPER Elaine R. Bertholf BUYER Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ss. COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: Notary Public 4 .;Spee" onstruction. The gravel and cobbles in disturbed areas 'ould be removed if the site is landscaped, particularly areas used for lawns. Areas adjacent to hillsides are ,ccasionally affected by runoff, which may be Lcc npanied by the movement of rock debris. tor ,iation growth has resulted in increased Jonstruction of homes in areas of this unit. This map unit is in capability subclass Vile, nonirrigated. The Tridell soil is in the Pinyon-Juniper ,Noodland site, and the Brownsto soil is in the Stony Foothills range site. • • Gypsum Area, Colorado 73 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely stony. This map unit is on alluvial far;;:: benches, and valley side slopes. Elevation is 6.600 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 4010 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thA,,er surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from mixed igneous and metamorphic material. About 3 to 15 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is brown cobbly sandy loam about 3 inches thick. The upper 5 inches of the subsoil is cobbly sandy loam. The lower 7 inches is v cobbly sandy clay loam. The substratum to a depth of 60 inches or more is extremely cobbly loamy sand. The content of coarse fragments ranges from 35 to 85 percent, by volume, in a major part of the surface layer and subsoil. Permeability is moderately rapid in the Uracca soil. Available water capacity is low. The effective rooting cepth is 60 inches or more. Runoff is slow, and the szard of water erosion is slight. The Mergel soil is deep and well drained. It formed in acial outwash. About 3 to 30 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is grayish brown cobbly loam about 8 inches thick. The upper 12 inches of the substratum is very cobbly sandy loam. The lower part to a depth of 60 inches is extremely stony sandy loam. The content of coarse fragments ranges from 35 to 80 rrcent, by volume. 'Permeability is moderate in the Mergel soil. Available ater capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water eros on is slight. Th s unit is used mainly for irrigated hay and pasture. It also is used for homesite development or rock querying. If tris unit is used for hay and pasture, the main limitation is the low available water capacity. Frequent irrigation is needed. Applications of nitrogen and phosphorus fertilizer improve the growth of forage plants. Proper stocking rates, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. Irrigation water can be applied by corrugation, sprinkler, and flooding methods. Pipe, ditch lining, or drop structures in irrigation ditches facilitate irrigation and reduce the hazard of ditch erosion. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. If this unit is used for homesite development, the main limitations are the large stones and boulders on and below the surface. Population growth has resulted in increased construction of homes in areas of this unit. Preserving the existing plant cover during construction helps to control erosion. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. The effluent from septic tank absorption fields can surface in downslope areas and thus create a health hazard. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. This map unit is in capability subclass Vls, irrigated and nonirrigated. It is in the Stony Loam range site. 108—Uracca, moist-Mergel complex, 6 to 12 percent slopes, extremely stony. This map unit is on alluvial fans and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thicker surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from mixed igneous and ashen -Gypsum Area, Colorado 71 ether plants that characterize this site are prairie inegrass, muttongrass, bluebunch wheatgrass, and -ornmon snowberry. The average annual production of •-dry vegetation is about 900 pounds per acre. If the e condition deteriorates, mountain big sagebrush, ,,jglas rabbitbrush, cheatgrass, and annual weeds -,crease in abundance. Brush management improves deteriorated areas of -ange that are producing more woody shrubs than were present in the potential plant community. In areas ;vhere brush is removed by prescribed burning or by chemical or mechanical methods, the hazard of erosion nay increase. 1 the Tanna soil is used for homesite development, main limitations are the slope and the shrink -swell ,)ctential. The effects of shrinking and swelling can be reduced by maintaining a constant moisture content around the foundation. Backfilling excavations with material that has a low shrink -swell potential can also reduce the effects of shrinking and swelling. The deep cuts needed to provide essentially level building sites can expose bedrock. Septic tank absorption fields of ccnventional size do not function adequately because of slow permeability. Other kinds of sewage disposal systems may be needed. The effluent from septic tank absorption fields can surface in downslope areas and thus create a health hazard. If the Pinelli soil is used for homesite development, the main limitation is the slope. The slope is also a management concern if septic tank absorption fields are installed. Absorption lines should be installed on the contour. Access roads should be designed to control Mace runoff and help stabilize cut slopes. This map unit is in capability subclass VIe, nonirrigated. It is in the Clayey Foothills range site. 104—Torriorthents-Camborthids-Rock outcrop coplex, 6 to 65 percent slopes. This map unit is on mo erately sloping to steep, mainly south -facing mountainsides, hills, ridges, and foot slopes. It is on canyon side slopes throughout the survey area, articularly where major drainageways cut deep anyons. This unit is about 45 percent Torriorthents, 20 percent Camborthids, and 15 percent Rock outcrop. Included in this unit are small areas of Monad, lyers, Earsman, Brownsto, Cushool, Dollard, Ansari, and Almy soils. Included areas make up about 20 percent of the total acreage. The Torriorthents are shallow or moderately deep nd are well drained. They formed in residuum and oil1vium derived dominantly from sedimentary rock. ha surface is generally covered with stones. The surface layer ranges from reddish brown to brown. The soils range from fine sandy loam to clay loam and have a variable content of gravel, cobbles, and stones. The depth to shale or sandstone is 4 to 30 inches. Permeability is moderate in the Torriorthents. Available water capacity is low. The effective rooting depth is 4 to 30 inches. Runoff is rapid, and the hazard of water erosion is severe. The Camborthids are shallow to deep and, are well drained. They formed in residuum and colluvium derived dominantly from sandstone shale and basalt. Typically, these soils have a light colored surface layer and are clay loam or loam. They are generally free of stones throughout the profile, but scattered basalt stones, cobbles, and sandstone rock fragments are on the surface. The content of clay in the subsoil increases slightly with depth. Permeability is moderate in the Camborthids. Available water capacity is low or moderate. The effective rooting depth is 15 to 60 inches. Runoff is rapid, and the hazard of water erosion is severe. The Rock outcrop consists mainly of barren sandstone, shale, and basalt. This unit is used as wildlife habitat. The native vegetation is a rather sparse stand of grasses, forbs, pinyon, and Utah juniper. This unit is poorly suited to homesite development. The main limitations are the slope, the depth to bedrock, and large stones. This map unit is in capability subclass Vile, nonirrigated. No range site is assigned. 105—Torriorthents-Rock outcrop complex, 45 to 95 percent slopes. This map unit is on steep or extremely steep, mainly south -facing mountainsides, hills, and ridges. It occurs throughout the survey area, particularly where major drainageways cut deep canyons. This unit is about 45 percent Torriorthents and 35 percent Rock outcrop. Included in this unit are small areas of Monad, lyers, Earsman, Brownsto, Cushool, and Almy soils. Included areas make up about 20 percent of the total acreage. The Torriorthents are shallow or moderately deep and are well drained. They formed in residuum and colluvium derived dominantly from sandstone, shale, and basalt. The surface is generally covered with stones. The surface layer is reddish brown. The soils range from loamy to clayey and have a variable content of gravel, cobbles, and stones. Permeability is moderate in the Torriorthents. Available water capacity is low. The effective rooting depth is 4 to 40 inches. Runoff is rapid, and the hazard of water erosion is severe. 6 8 • The average annual production of air-dry vegetation is about 900 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush. Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Suitable management practices include proper grazing use and a planned grazing system. The suitability of this unit for range seeding is poor. The main limitations are the slope and the surface stoniness. If this unit is used for homesite development, the main limitations are the slope, the hazard of erosion, the stoniness, and the susceptibility to piping and frost heave. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Preserving the existing plant cover during construction helps to control erosion. Only the part of the site that is used for construction should be disturbed. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. This map unit is in capability subclass Vle, nonirrigated. It is in the Loamy Slopes range site. 99—Southace cobbly sandy loam, 25 to 65 percent ;lopes. This deep, well drained soil is on the sides of mountains and valleys and on alluvial fans. It formed in alluvium and colluvium derived dominantly from redbed >andstone and shale intermixed with gypsiferous material. Elevation is 6,000 to 7,000 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 95 to 105 days. Typically, the surface layer is reddish brown cobbly sandy loam about 3 inches thick. The upper 11 inches Df the substratum is gravelly loam. The next 10 inches s very gravelly loam. The lower part to a depth of 60 nches or more is very cobbly fine sandy loam. The .3ontent of stones and cobbles increases with depth. Some flagstones are in the profile in places. Included in this unit are small areas of Tridell soils and rock outcrop. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the Southace soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used as wildlife habitat or rangeland. The potential plant community is mainly western wheatgrass, Indian ricegrass, muttongrass, Wyoming big sagebrush, and Utah serviceberry. Needleandthread, Douglas rabbitbrush, squaw apple, and scattered Utah juniper commonly are also included. The average annual production of air-dry vegetation is • Soil Survey about 900 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. The suitability of this unit for range seeding is poor. The main limitations are the slope and the surface stoniness. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. Livestock grazing should be managed to protect the soil from excessive erosion. Loss of the surface layer severely reduces the ability of the unit to produce plants suitable for grazing. This unit is poorly suited to homesite development. The main limitation is the slope. This map unit is in capability subclass Vile, nonirrigated. It is in the Loamy Slopes range site. 100—Starley-Starman very channery loams, 3 to 25 percent slopes. This map unit is on rolling uplands, ridgetops, and mountainsides. The native vegetation is mainly grasses and shrubs. Elevation is 7,800 to 9,000 feet. The average precipitation is 16 to 19 inches, the average annual air temperature is 38 to 42 degrees F, and the average frost -free period is 60 to 75 days. This unit is about 50 percent Starley soil and 30 percent Starman soil. Included in this unit are small areas of Irrawaddy soils in depressions and small areas of soils that are similar to the Starley and Starman soils but are underlain by soft bedrock. Also included are areas of rock outcrop on knolls and ridges. Included areas make up about 20 percent of the total acreage. The Starley soil is shallow and well drained. It formed in residuum derived dominantly from calcareous sandstone. About 35 to 45 percent of the surface is covered with cobbly fragments. Typically, the surface layer is brown very channery loam about 8 inches thick. The subsoil is channery clay loam about 7 inches thick. The substratum is very channery loam about 4 inches thick over hard sandstone. The soil is calcareous throughout. Permeability is moderate in the Starley soil. Available water capacity is very low. The effective rooting depth is 8 to 20 inches. Runoff is medium or rapid, and the hazard of water erosion is moderate or severe. The Starman soil is shallow and well drained. It formed in residuum derived dominantly from sandstone. About 35 to 45 percent of the surface is covered with cobbly fragments. Typically, the surface layer is yellowish brown very channery loam about 6 inches thick. The upper 4 inches of the substratum is very channery loam. The lower part is very channery loam. Sandstone bedrock is at a depth of about 16 inches. The soil is calcareous throughout. Aspen -Gypsum Area, Colorado • Suitable management practices include proper grazing use and a planned grazing system. The suitability of this unit for range seeding is poor. The -main limitation is the surface stoniness. Because of the azard of seepage, the soil is limited as a site for veStock watering ponds and other water impoundments. If; this unit is used for homesite development, the main limitations are the hazard of erosion, the stoniness, and the susceptibility to piping and frost heave. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Preserving the existing plant raver during construction helps to control erosion. Only :e part of the site that is used for construction should be disturbed. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. This map unit is in capability subclass Vle, nonirrigated. It is in the Loamy Slopes range site. 97—Southace cobbly sandy loam, 6 to 12 percent slopes. This deep, well drained soil is on upland terraces, mountainsides, and alluvial fans. It formed in a!iuvium derived dominantly from redbed sandstone and shale intermixed with gypsiferous material. Elevation is 6.000 to 7,000 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 146 degrees F, and the average frost -free period is 95 to 105 days. Typically, the surface layer is reddish brown cobbly sandy loam about 3 inches thick. The upper 11 inches c' the substratum is gravelly loam. The next 12 inches is very, gravelly loam. The lower part to a depth of 60 inches or more is very cobbly fine sandy loam. The content of stones and cobbles increases with depth. Some', flagstones are in the profile in some areas. Included in this unit are small areas of Morval, Gosli and Tridell soils. Morval and Goslin soils have slope' of less than 12 percent. Included areas make up about 15 percent of the total acreage. Pertneability is moderate in the Southace soil. ,available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. Most areas of this unit are used as rangeland. A few areas are used for homesite development or as wildlife habitat. The,potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, muttongrass, "'/'yoming big sagebrush, and Utah serviceberry. 1,'eedlgandthread, Douglas rabbitbrush, squaw apple, and scattered Utah juniper commonly are also included. The average annual production of air-dry vegetation is • 67 about 900 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Suitable management practices include proper grazing use and a planned grazing system. The suitability of this unit for range seeding is poor. The main limitation is the surface stoniness. Because of the hazard of seepage, the soil is limited as a site for livestock watering ponds and other impoundments. If this unit is used for homesite development, the main limitations are the hazard of erosion, the stoniness, and the susceptibility to piping and frost heave. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Preserving the existing plant cover during construction helps to control erosion. Only the part of the site that is used for construction should be disturbed. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. This map unit is in capability subclass Vle, nonirrigated. It is in the Loamy Slopes range site. 98—Southace cobbly sandy loam, 12 to 25 percent slopes. This deep, well drained soil is on upland terraces, mountainsides, the sides of mountains and valleys, and alluvial fans. It formed in alluvium and colluvium derived dominantly from redbed sandstone and shale intermixed with gypsiferous material. Elevation is 6,000 to 7,000 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 95 to 105 days. Typically, the surface layer is light reddish brown cobbly sandy loam about 3 inches thick. The upper 11 inches of the substratum is gravelly loam. The next 12 inches is very gravelly loam. The lower part to a depth of 60 inches or more is very cobbly fine sandy loam. The content of stones and cobbles increases with depth. Some flagstones are in the profile in places. Included in this unit are small areas of Tridell soils on benchtops and the upper part of slopes. Included areas make up about 10 percent of the total acreage. Permeability is moderate in the Southace soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used as rangeland or as wildlife habitat. The potential plant community is mainly western wheatgrass, Indian ricegrass, muttongrass, Wyoming big sagebrush, and Utah serviceberry. Needleandthread, Douglas rabbitbrush, squaw apple, and scattered Utah juniper commonly are also included. w wheatgrass. Other plants that characterize this site are Letterman needlegrass, elk sedge, mountain snowberry, and big bluegrass. The average annual production of air-dry vegetation is about 2,000 pounds per acre. If the range condition deteriorates, Gambel oak, mountain snowberry, Kentucky bluegrass, and annual weeds increase in abundance. Range seeding may be needed if the range is in poor condition. This unit is poorly suited to homesite development. The main limitations are the shrink -swell potential and the slope. The effects of shrinking and swelling can be reduced by maintaining a constant moisture content around the foundation. Backfilling excavations with material that has a low shrink -swell potential can also reduce the effects of shrinking and swelling. This map unit is in capability subclass Vile, nonirrigated. It is in the Brushy Loam range site. 54—Grotte gravelly loam, 25 to 65 percent slopes. This deep, well drained soil is on mountainsides. It formed in alluvium and colluvium derived dominantly from sandstone. Elevation is 6,000 to 8,000 feet. The average annual precipitation is 15 to 17 inches, the average annual air temperature is 35 to 38 degrees F, and the average frost -free period is 80 to 105 days. Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The next layer is gravelly clay loam about 3 inches thick. The substratum to a depth of 60 inches or more is very channery clay loam. The soil is calcareous throughout. Included in this unit are small areas of Dahlquist and Southace soils. Included areas make up about 15 percent of the total acreage. Permeability is moderately slow in the Grotte soil. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. This unit is used as rangeland or as wildlife habitat. The potential plant community is mainly Indian ricegrass, bluebunch wheatgrass, bottlebrush squirreltail, true mountainmahogany, Wyoming big sagebrush, and Utah serviceberry. Other plants that characterize this site are Douglas rabbitbrush, needleandthread, prairie junegrass, pinyon pine, and Utah juniper. The average annual production of air-dry vegetation is about 600 pounds per acre. If the range condition deteriorates, Douglas rabbitbrush, Wyoming big sagebrush, cheatgrass, and annual weeds increase in abundance. Loss of the surface layer severely reduces the ability of the unit to produce plants suitable for grazing. This unit is poorly suited to homesite development. Soil Survey The main limitation is the slope. Slumping is common in sloping areas. This map unit is in capability subclass Vile, nonirrigated. It is in the Stony Foothills range site. 55—Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes. This map unit is on mountainsides, on hills, and along dissected drainageways (fig. 5). It is on hills and canyon side slopes throughout the survey area. This unit is about 65 percent Gypsum land and 20 percent Gypsiorthids. Included in this unit are small areas of Torriorthents and Camborthids. Included areas make up about 15 percent of the total acreage. The Gypsum land consists mainly of exposed parent material that has a very high content of gypsum. The Gypsiorthids are shallow and moderately deep and well drained. They formed in residuum and colluvium derived dominantly from mixed material with a very high content of gypsum. Slope is 12 to 50 percent. No single profile of these soils is typical, but one commonly observed in the survey area has a surface layer of very pale brown fine sandy loam about 8 inches thick. The substratum is fine sandy loam. Soft, gypsiferous shale is at a depth of about 39 inches. Permeability is moderate in the Gypsiorthids. Available water capacity is low or moderate. The effective rooting depth is 10 to 40 inches. Runoff is very rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This unit is used as wildlife habitat. The native vegetation on the Gypsiorthids is sparse grasses, forbs, and Utah juniper. The Gypsum land supports very little native vegetation. This unit is poorly suited to homesite development. The main limitations are the slope, the hazard of erosion, piping, and low soil strength during wet periods. This map unit is in capability class VIII. No range site is assigned. 56—Ipson cobbly loam, 3 to 25 percent slopes. This deep, well drained soil is on terraces, terrace side slopes, and fans. It formed in alluvium and outwash derived dominantly from sandstone and basalt. Elevation is 6,700 to 8,300 feet. The average annual precipitation is 13 to 15 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 70 to 90 days. About 10 to 20 percent of the surface is covered with cobbles. Typically, the surface layer is brown cobbly loam about 14 inches thick. The upper 12 inches of the t'tr"'• "N.T.11. .- _—NOI`Er.-=-.Th▪ is ex ram : , -.�:..._.._._a w '•NiwlMw+' .. _ ..,^ -,._. Ja- sC'1%.«•.'L�.. {TiT17 7. "ti -:1�� �r S': •.*,t ream- •••••e ammo ammo _,. - mama.. m.••..:.r �.- Forth a Rev. 9.62' 10?,I - __. .. ._. 1• -.- STATE.: QF" CQLCRAD(;r�: 1=!,,E. -.;4:_,.:._, `t- • - . o PERMIT TO: -USE -GROUND WATER �-.-r�-;M'Nt. `•2..-4. E aPFLICATIO�+ FOR- ..=-. A P ERMIi . TO CONSTRUCT- A .gl'.:LL .€,31u,irriyf °, .•.E - •~ _LOCATION OF WELL L:,..:.._,u z, -,m..... w.,�s".,c, i. _ County (4 P; ; /� __,4__.. , }. Appiicart. / ' ciF 1:)._0. Address /�,Pn; sm ^ atG Quantity applied for - /a -' gpai or • Used for on/at - { 1, , - - Purposes (leoai description o land. site) Totai acreage- irrig_ated and other rts.: of • • AL S�.eet. dress- or Lct & Block No. .- ,µ4 _TQ ,sn ar .:^di�-isio=. • ESTIMATED= DATA-0F,.WE.LL. 4.. •-., •- a.. ; T7.711 =z mama— . 'c 'i.• = i ..-c- .r -mama �•Y•-xtrrsyrc _:.d.:l. �:� }W+r. -- "'�-Q .ie- ,i---• gE.. ` .wy . �s . eal; inasfu-a i<--nffrora-ik`" }ens Pero=i'.?oir�: yGa�= z fit_, A .. 3;04, ati.. es 7t .fLQITi= -W _. ._-,m. f _ _�... .-ss Y`..`w -C"o_C � .. (j:t...�1=` = - Hx yam' `='size -�-=,........,,,,,...-",...,-1_,_—__•,7,7SC -� , - a c^ - P" = ..- - .tnate _ -_t�3' :ni%a%ainte-=- _rp-?- c- �. ..�.«�-.�. -r- . ..'''' —c•a 14-SdPEiemeafaTpgoq _otadd ionarxiatz)- -....=...--7:-._.,_ "'' i isdila se*~ c : -r s- �"-`#•?,,,,;„--i..w-°'s, '4-=-�.'" fi� • • „,_--- ,-.. _ .. - ""fl- ----..-••••••-•---,--,---r.,.:-.-Q fde -required €or uses other . -K--� than,Don;eor Livestock: ---f;.--i4';`” ' ' _1.-Appyyc.aaiit. .•,�I : /. �.f,f i. - r: ,,,..v...._ atm. i - .. ' �•- _.. 110! ...mar::. +ism' 'rt All V.m.''�► / ,.....71......r .... � 1.... a.- ..a �rVtt'4.... mow T • 'i Y- r • • HiS tirEi.l£""� LGr3: PaROVEI • hit : NOw _ Fr p tet' w. ti '..- aaa�rar,K. _ �. am,- R - _ �6-aad• ,.,. •a,:cxs'�u -' • -z..= ay.�•.":i`•`pT.•vr 'tocsrm'..FV.Ir• ''►'-Y...•-rJ_"+. --44,,--NOi= VACI.S'AC;TORI AIM 4 i.b.:y.. fP-LA, I{ y'/Lv R—.Ep$ -44-" a'`r�• • Lam: .► TIFF7°BOVEL C'ATIONg 4B _e4$_if • • '71' 4 -4;4741'V -7f 3: L >r. r t •iaartt&zz L. i�.-�1� r{ase.lae`�:.r,hr-�IY.J•.Mt4-I� -t, :�a%� .J.;�� y-IS(. Z' ,+�Tf-.,��Y�= -•!!ire { �JYL-SLt h �tt_St 2itA4 #_ *1..4r43.{�f . , , ,..x,.- •.i., la�+�.mi�° 'I ic;.,,,,.f'^...+.'T �1 &4N .�3r' `'3 .r - - _ - __n..... _ _ • - -•_ ... _ _mama,.,. _ ys SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT July 13-, 1995 Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 P. C. DRAWER 0039 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Re: A. )li ation of El.'n- Bertholf to -Ex.and e of Exi tin Well To Whom It May Concern: Enclosed for filing on behalf of the e Applicant, Elaine Bertholf, please find an application to expand the use of her existing well, along with a check in the amount of $60 to cover the filing fee. Also enclosed is a letter from Ms. Bertholf authorizing me to act as her agent with regard to this application. The existing well, known as the Bertholf Well, was constructed pursuant to Well Permit No. 23997, issued. May 24, 1965. A copy of that permit is enclosed. The permit allows water to be used from this well for domestic purposes. The Bertholf Well is also the subject of a decree in Case -No. W-304, under which- the_ Bertholf Well was decreed for 0.08 c. f.s. for domestic, irrigation of lawn and garden, and fire protection purposes. A copy of that decree is enclosed -The purpose of the enclosed well permit application is to -recognize the_ decreed uses of irrigation- and_ fire protection, and to expand_ the existing uses of the Bertholf Well to include a _npw!se -fgr. commercial- purposes. The pRlic t has applied tnr tA/ ter Allotment tnntr'C.t Trym t -he Basalt Water Conservancy_District in the amount of 3.0 acre-feet per year to cover the Applicant's =expanded commercial _use of this well. A -copy of the Application for Water - Allotment Contract is enclosed for your review. If you have any questions or concerns, please do not hesitate to give me a call. JVH:II Enclosure cc: - -.Elaine Bertholf, w/enc. - Walter E. Brown, III, Esq., w -enc. Very truly yours, CALOIA, HOUPT & LIGHT, P. be complete wrier/f. appliicabie. Type or print in FLACK tN K. No overstrikes or erasures unless initialed. ( X"i A PERMIT TO USE GROLI—NOWATE r: A PERM' ) TO STriUC1 VEIL.. FOR: ( ) A PERMIT TO INSTALL A PUMP ) REPLACEMENTF( NO (X) OTHER to emend use -of existin. W WATT; COURT CASE NO (1) APPLICANT - mailing address NAME Elaine Bertholf sTREE- 0031 County Road 114 CITY Glenwood Springs, CO 81601 (State) (Zip) TELEPHONE NO (970) 945-5392 (2) LOCATION -OF PROPOSED WELL County Garfield County SE1/ of the - NE 4 Section - 1 - 7 - S Rng: -. = 89 W 6th P.M. - (N.S) (E.W) - (3) WATER USE AND WELL -DATA Propaeedaximum-pumping rate (gpm) 3� Average'_annuai amount of ground water = - to be -appropriated (acre-feett: 3 acre-feet - 1\hsr_iFeI of acres to he -e rigated: - �10= - Proposed -tine -1 depth (feet.): Aquifer ground water is to_ be Qbtained `room -groundwater Owner's well designation - Bertholf Well GROUND MATER TO BE USEFED FOR: HOUSEHOLD USE ONLY-_- ( NLY_( ) DOMESTIC (t1)' - __ ) LIVESTOCK (2)- ( 2)- ( ) COMMERCIAL (4) - no irrigation (0) ) INDUSTRIAL -(5) ( )IRRIGATION (6) (_ - ) MUNICIPAL (8) OTHER -t9} DETAit THE_USE ON BACK -)N-(11)_ (4) DRILLER • N-ame a gt:7ng well i FOR OFFTCE 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 - - - - - -. ltEPAGI u rse tiaarE must. bit DENIER SECT' cr,4 t + sectionaa 'es) 640 a•es) for'the-weft — -!- -- 4- — rt -- -t- -- !� 1 MILE; 5280 FEET --.I + -t- - -- - + ' .'. A TCt* i..Miii.T-Y &..s.... as 1 NORTH , i s 1'" NORTH SECTION LINE —m D N 1 to m 1 0 z- r - z - I t SOUTH SECTION LINE — — The scale of the diagram is 2 inches 1 mile _ Each small square represents 411a -trim. 4 SUBDIVISION (7) TRACT ON WHICH WELL WILL BE. LOCATED Owner; Bertholf No. of acres 6.6 will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing 7- in. from 0 ft to 20 ft - 5.5 20 130- in_ from - ft. to _ ft - - Perforated casing in from 130 _ ft to 210 ft -in from: ft to -- ft WATER EQUIVALENTS T -48t _TRounded Figures) f\n acre-foot. covers 1- acre -of -land 1 ;foot deep - _ _ - _ - t cubic -foot per Secondlcfsl ... 449-gallonspler-rnrnuie-lgpml - A family of 5 will req re apptCximatelv-f acre footo waterper_year. - 1 acre-foot ... 43,560 cubicfeei- .. 325,900 gallons- = - - -- 1,000.gpm pumped continuously for -one dy- aproduEe5-4A2 acre-feet_ (9) FOR REPLACEMENT WELLS givedistance and direction from old well and_ plans for ptugging it: - - N/A 4Qi LAND ON -WHICH GROUND W -ATE -rail L -o= JSED: - -QhNrter!s)-Jiialil@ Bert -1101f _ _ - - No. of ac Sets -a L 1AC1led uccd� - - - Legal ;;asc- ription ;1 ii--pETAiLED-,DESCRIPTtON of the use of -g o.ind_ water:- Household use and domestic •wails must indicate typ- e of disposal - system to be used. . _ _ - _ Danesti- c, lawn and gardening, _-fire- protectin, and contrercial . Disposal system is septic tank/leaChfield - _ (1-2) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case -Numbers. _ Type or right Used for (purpose► Description ofxand on which used N/A i(13-) THE-APPLICANT_(S) STATE(S) THAT THE INFORMATION SET FORTH- HEREON - TRUE TO THE -BEST-OF -HIS KNOWLEDGE: