HomeMy WebLinkAbout1.0 ApplicationSHERRY A. CALOIA
JEFFERSON V. HOUPT
TRAVIS S. THORNTON
• •
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
August 7, 1997
Mr. Eric McCafferty
Garfield County Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Via Hand Delivery
Re: Chaplin Subdivision Exemption
Dear Eric:
In satisfaction of the conditions set forth in your April 11, 1996 letter to Don Chaplin,
enclosed please find the following:
1. Letter from Resource Engineering, Inc. to Don Chaplin dated August 5, 1997
regarding various aspects of the water supply for Lots 2, 3 and 4, and addressing Conditions 7.(a)
through (g) and (i).
2. Revised Well -Sharing Agreement addressing Condition 7.(h).
Also enclosed for your file are copies of the Monitoring Hole Permit No. MH -31334, under
which Chaplin Well No. 1 was drilled, and a copy of the Application for Well Location Amendment,
Well Permit No. 186382, under which Mr. Chaplin has provided notice to the Colorado Division of
Water Resources of the ultimate location of Chaplin Well No. 1.
Holsan Surveying will be supplying you with the final exemption plat that will address
Conditions 2 through 5 of your letter.
Provision of the items described above is intended to fully satisfy all conditions of your April
11, 1996 letter. Should you determine that any of those conditions (except for those such as
Conditions 1, 6 and 8, which can only be satisfied upon construction) are not satisfied, please advise
me immediately so that appropriate action to complete satisfaction of the County's conditions can be
taken.
JVH:lln
Enclosure
cc: Don Chaplin, w/enc.
Paul Bussone, P.E., w/enc.
Rich Holsan, w/enc.
CHAPLIN-McCafferty-Itr-2
Sincerely,
CALO A & HOU
, P.C.
E.4-06-1997 10,01AM
FROM RESOURCE ENGINEERING 970 945 114 P 2
.IN. F�ESoURCE
EINEM1
leans.
Ol•1I.■ E N G I N E E R I N G I N C.
Mr. Don Chaplin
PO Box 550
Vail CO 81658
RE: Domestic Well - Peach Valley Property
Dear Don:
August 5, 1997
Collins Drilling Company completed a well on your property in Peach Valley on July 21,
1997 under monitoring hole permit No. MH -31344. The well is 100 feet deep and is
completed in the mancos shale formation_ The static water level was 6' 1 %2 " below
the top of casing. A copy of the well log is attached.
Samuelson Pump Co. conducted a 4 hour pump test on the well on July 23, 1997. The
well production rate was determined to be 2.5 gpm. A copy of the pump test data and
a letter from Raun Samuelson is attached.
The well will serve 3 single family dwelling's with a combined water demand of 1050
gallons per day (gpd) forin-house use. No outside uses are included. The water
demand is based on 3.5 persons per home and 100 gpd per person. The well
production rate of 2.5 gpm (3,600 gpd) exceeds the average day demand, however,
because of peak demand requirements, a storage tank will be required. We recommend
a single storage tank of 3,000 gallon capacity preferably located at an elevation
capable of providing gravity pressure to each lot. In lieu of a simple tank, individual
tanks of 1,000 gallons each are acceptable.
A water quality sample will be taken and analyzed for the State mandatory drinking
water parameters by Grand Junction Laboratories. The results should be available
within two to three weeks.
If you have any questions, please call me at your earliest convenience.
Sincerely,
RESOURCE ENGINEERING, INC.
aul S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
652-1.0 dcw,moisLeS2
Attachments
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs. CO 61601 ■ (970) 945-6777 II Fax (970) 945-1137
8-0G-1997 10:01AM
FROM RESOURCE ENGINEERING 970 945 11
P 3
FROM : COLLIN DRILLING & PUMPriN PHONE NO. : 970 945 4079 ,4",N Aug. e5 1997 03:45PM P2
Iowa ,lu
GWS.])
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WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO. OFFICE OF THE STATE ENGINEER
WELL PERMIT NUMBER 14-3!33/
2.OWNER NAME(S)
Mailing Address
City, St Zip
Phone (q1b) q qq _
2 ` ZD
Cik
or CJtbet 1,i1P only
a WELL LOCATION AS DRILLED: 511V 1/4 N5-1/4, Sec. 1 Twp. 3 Range q Z Wpe_ljej
DISTANCES FROM SEC. LINES:
ft. Irvin mittSec. Zine: and ftor sou -X). from Sec. line. OR
(east" at west
SUBDIVISION: OT BLOCK FILING(UNIT)
STREET ADDRESS AT WELL LOCATION: �,v,� �- ti5
4. GROUND SURFACE ELEVATION ft DRIWNG METHOD ef/4i11
DATE COMPLETED 7 / - TOTAL DEPTH IQeO ft. DEPTH COMPLETEDjQ
& GEOLOGIC LOG: 6. HOLE . (in.) Fro (ft) TQ (h)
Depth Description Ot Material (Type. Size. Color. Warner Locator �p
7. PLAIN CASING
OD in) Kind
Wal tatztSize
lE m 1 et) /A
cas►N�ra
8. FILTER PACK
Material
Size
interval
REMARKS:
9_ PACKER PLACEMENT:
Type
Depth
10. GROUTING RECORD:
MatenalLA9r ount Density Interval
di6 6f
11.
12
DISINFECTION: Type ex/4,e,,v,,.� 1-eiga iv;42Amt. Used 144414,./A
WEU MU DATA: Q a box if Test Datadis submitted on Form No. GWS 39 Supplemental Well Test.
TESTING METHO
Static Level O ft Date/Time measured
Pumping level
Remarks
tr. Date/Time measured
, Production Rate o2
gpm,
. Test length (hrs.)
i— - .....„........,
3. 1 naw read the staecmonts made herein and know the contents thereof, and that they we true to my rnowleage rPursuant to Suction 2d -a-104 113)*
CAS.. the 'making of false statements herein consetutez por'ury in the second degree and is purnshable//��as a classsI,,t m.cdtmeanot.1Tireli�"
CONTRACTOR •I'1 4 L i . .1,4,1,,,,,L. 5 Phone zz '7� 5 -'-tQ-% (� Lic. No. f0 34
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Signature
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Name/Title (Please type or print)
F E, Co t i t [ Pres-
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8-06-1997 10=02AM
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Aug -05-97 08:O8A
FROM ArkRFSOURCE ENGINEERING 970 945 111
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1111
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SAMUELSON PUMP CO. INC.
P.O. SOX 297
GLENW00D SPRINGS
COLORADO 81602
Don Chaplin
P.O. Box 550
Vail, Co. 81658
Attn; Don
WATER SYSTEMS
SALES. SERVICE 8 INSTALLATION
945-6309
July 28, 1997
•
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On July 23, 1997 a well test was conducted on a new well
on the Chaplin property in Peach Valley. The following
information was obtained;
Well Depth 120'-0"
Casing size (top)
Standing Water Level
Total test time
Drawdown to pump intake
Production is
6"(steel)
6'-1 1/2"
Hardness 9 grains/gal.
Iron 0.2 mg/1
pH 8.0
4 hrs.
118'-0"
2.5 gpm
This test was conducted with a 1 Hp. Goulds submersible
Model 10EJ10412. If you have any questions please call me Raun
Samuelson at 970-945-6309.
Sincerely;
Raun Samuelson
C q>e - 945—//37
8—C6-1997 10:02AM
•
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DECLARATION OF EASEMENTS AND COVENANTS
Garfield County, Colorado
The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"),
together being the sole owner of certain real property located in Garfield County, Colorado,
described on Exhibit A, attached hereto and incorporated herein by this reference, having caused
the same to be divided into four (4) lots, as described in Garfield County Resolution No.
(hereinafter the "Subdivision") recorded the day of
1997, in Book at Page as Reception No. , Garfield County
Records, hereby declare and acknowledge that all property within the Subdivision is and shall
be subject to the following Easements and Covenants:
ARTICLE I
WATER SUPPLY AND WATER RESTRICTIONS
1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be
derived from the Klumker Well, which is the subject of the decree entered in Case No. W-
1183, District Court in and for Water Division No. 5, and shall be separate and distinct from
the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and
the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely
responsible for the operation, maintenance, repair and replacement of the same. Upon
conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well
and the water right therefor and appurtenant facilities.
2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots
2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit
No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate
of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the
water produced therefrom may be used only for ordinary household purposes, fire protection,
the watering of poultry, domestic animals, and livestock on farms and ranches and for the
irrigation of not over a total of one acre of home gardens and lawns in not more than three
single-family dwellings.
3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and
appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No.
1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant
of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot
an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump
and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2,
3 and 4, as they may appear from time to time, and such owners shall be responsible for
subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall
be the owner designated to receive correspondence related to such well permit.
G: \ W P51 \DOCS\CHA PLIN .3 DC
August 7, 1997
• 1
4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each
lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant
to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint
owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any
appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest
shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of
Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities.
5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be
entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall
be responsible for paying one-third of the costs of maintenance, operation, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs
of common water lines or other common water facilities shall be borne equally by the owners
of the lots using such facilities. The lot owners shall 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 lot owners are unable to agree upon any
required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to
undertake the minimal work necessary and essential for proper functioning of the common
facilities. In the event a lot owner determines to undertake such work, he shall first notify the
other lot owners in writing. The lot owner undertaking the work shall upon completion provide
the other lot owners with a written statement of the work performed and the other lot owners'
proportionate shares of the costs.
6. Payment of Common Expense. Each lot owner shall pay its proportionate share
of common expenses within 30 days from the time a statement of expenses is presented for
payment. In the event a lot owner 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 lot owner fails to pay any amounts due with interest thereon, within
six months from the date of presentment for payment, water service to the delinquent lot shall
be discontinued. Further, the lot owner 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 Covenant, and shall be
entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment
for collection.
7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and
nonexclusive easements sufficient give force to the provisions of this Article, including
easements for the construction, maintenance, operation, repair, replacement and improvement
of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may
be located; provided, however, that the alignment of the common water facilities shall be such
as will provide the most direct route possible across each lot, yet remaining outside the building
envelope.
8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to
irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre
(14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over
G: \ W P51 \ DOCS \CH A PLI N . 3 DC
August 7, 1997
-2-
• •
irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met.
The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn
and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit
and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No
lot owner shall waste water, and each owner shall exercise prudence and conservation in the use
of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless
otherwise agreed, no lot shall use more than one-third of the water physically available from the
Chaplin Well No. 1
9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the
Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant
of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one-
eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch.
Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies
to accomplish the transfer of such shares.
ARTICLE II
GENERAL PROVISIONS
1. Covenants to Run. The Covenants herein set forth shall run with the property
constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All
parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant
with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform
to and observe said restrictions, but no restrictions herein set forth shall be personally binding
on the Declarant or any other persons except in respect to breaches committed during his or their
ownership of said land.
2. Enforcement of Covenants. These Covenants may be enforced by any lot owner
or any governmental entity having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by these Covenants. The prevailing
party in such action shall be entitled to reasonable attorneys' fees and costs.
3. Terms of Covenants. These Covenants shall remain in effect for a period of
twenty-five (25) years, and automatically shall be continued thereafter for successive periods of
ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or
amend all or any portion of these Covenants at any time prior to the expiration thereof;
provided, however, that no repeal or amendment shall be effective until an instrument setting
forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office
of the Garfield County Clerk and Recorder.
4. Amendment of Covenants. These Covenants may be sooner amended by
unanimous consent of all lot owners; provided, however, that no amendment shall be effective
until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot
owners, is recorded in the Office of the Garfield County Clerk and Recorder.
G: \ W P51 \DOCS \C HA P LI N . 3 DC
August 7, 1997
-3-
• •
5. Severability. Should any provision of these Covenants be declared invalid or
unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of
any other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has
executed this day of March 1997.
By
By
STATE OF COLORADO )
) ss.
COUNTY OF )
DECLARANT:
Donald M. Chaplin
Barbara L. Chaplin
Acknowledged, subscribed, and sworn to before me this day of March 1997, by
Donald M. Chaplin and Barbara L. Chaplin.
WITNESS my hand and official seal. My Commission expires:
G: \ W P51 \DOCS\CHA PLI N.3 DC
August 7, 1997
Notary Public
-4-
GWS -61
� les
AUG -01-1997 18:37 DIV DATER RESOURCES 303 866 3589 P.01/01
NOTICE OF INT*' TO CONSTRUCT MONITOFG HOLE(S)
Please type or print legibly in black ink j.r;�,,, 'J U L 1 5 1997
perdei• WATER RESOURCES
Landowner's Name
DONALD & BARBARA CHAPLIN Well 0 er's Na e DONALD & BAIIBMZUZAMIN
Location: SW 'A., NE 14, Section 1_, Township 6 Range 92 E W 6th PM, County. GARFIELD
Type Quant wI westiQation, Cased
Purpose of Monitoring Hale(s) Investieatin location for domestic well.
Approximate Date of Construction July 18, 1997 Driller Lic. No, (if applicable) 634
Hotels) to be Constructed: Number 1Estimated Depth 100 Ft.
Consultant or Driller Collins Dri live Inc.
Contact Jefferson V. Houpt1 Celoia & Houpt P.C.
Address 1204 Grand Avenue
City, State, Zip Glenwood Springs, CO 81601
MH- C
DATE NOTICE RECEIVED 7-15 —77 U « 7Q,A DATE ACKNOWLEDED
DIV. COUNTY 243 WD 3
S
Phone
(970) 945-6067
Fax No. (970) 945-6292
ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFI
FOR OFFICE USE ONLY
31334 PROCESSED B
GROUND ELEV USGS MAP No.
CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT
A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL. BE AVAILABLE AT THE DRILLING SITE.
Notice wes provided to the State Engineer et least 3 days prior to construction of monitoring & observation hole(s).
construction of the hole(s) must be completed within 90 days of the date notice was given to the State Engineer.
Testing andlor pumping shall not exceed a total of 200 hours unlace prior written approval is obtained from the State Engineer.
Water diverted during testing 21g t be need for beneficial purposes. The owner of the hole(s) is responsible for obtaining
permit(s) and complying with ail rules and regulations pertaining to the discharge of fluids produced during testing.
All work must comply with the Water Well Construction Rules. 2 CCR 402.2. Minimum construction standards must be mat or
e variance obtained.
Well Construction and Test Regions ICWS-91) must be submitted to this office by the licensed contractor or euthori2ed individual
within 60 day c of the completion of the work. Application to permit existing monitoring end observation holes should reference
the MH number under which the report was flied or be accompanied by a copy of the report.
Unless a well permit is obtained, the holelsl must be plugged and sealed within one (1) year after construction. An Abandonment
Report (form CWS -9) must be submitted within 60 days of plugging & sealing.
The owner of the hole(s) should maintain records of water quality testing and submit this data to the State Engineer upon request.
The monitoring hole number, owner's structure name, and hole owner's name and address must be provided on all well permit
applIcation(sl. well construction end abandonment reports.
A monitoring hole can not be converted to a production water well (other than a recovery well) unless the hole or well was
originally constructed by e licensed well construction contractor.
THIS ACKNOWLEDGMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMITS) CAN BE APPROVED.
Additional Canditions
COLORADO DIVISION OF WATER RESOURCES -1313 SHERMAN ST -RM 821 -DENVER -CO 80203 303-866-3581/FAX 303-86S-3589
TOTAL P.01
FORM NO.
GWS-42is3
STATE OF COLORADO
OFFICE OF THE STATE ENEER
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
or Office Use only
fECEIVED
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PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE
1. APPLICATION FOR WELL LOCATION AMENDMENT
WELL PERMIT NUMBER 186382{'a
2. WELL OWNER Donald & Barbara
Chaplin
.ouptx P.C.
= CO 81601
NAME(S) c/o Caloia P:
Mailing Address 1204 Grand Avenue
City, St. Zip Glenwood Springs
Phone (970 ) 945-6067
3. ACTUAL WELL LOCATION: COUNTY
Garfield OWNER'S WELL DESIGNATION Chaplin Well N o. 1
Silt CO 81652
(City) (State) (Zip)
1 Twp. 6 S , Range 92 W , 6th P.M.
(North or South) (East or West)
Section Line, 1, 500 Ft. from E Section Line.
(East or West)
Lot Block Filing (Unit)
4023 Highway 214
(Address at well location)
S W 1/4 or the NE 1/4, Sec.
Distances from Section Lines
1, 560 Ft. from N
(North or South)
Subdivision N/ A
4. The location of the existing well needs to be amended for the following reason(s): (Attach appropriate documentation as necessary)
An attempt to construct the w q U,1 in th.e 1.Q..c.a.ti.o.n d e.s.c.r.i.b.e.d....in.....t.h.e
well permit resulted in a dry hole. A monitoring hole was drilled at the
herein described location, which produced water, so the well will be
1-acat•e•d as des'crtb d h' rein (See attached—Notice of—Intent to Construct
Monitoring Hole).
5. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein,
know the contents thereof, and state that they are true to my (our) knowled• •. [Pursuant to Section 24-4-104 (13)(a) C.R.S.,
the making of false statements herein constitutes perjury in the second de• ee and is punishable as a class 1 misdemeanor.]
Name\Title (Please type or print)
Attorney n V. Houpt
,/
1
Signature
— V—
Date
% Z`,' 97
State Engineer
Court Case No. Div.
'
Co.
IR OFFICE USE O11
By Date
13 WD.,3 Basin MD
•
GARFIELD COUNTY
Building and Planning
April 11, 1996
Mr. Don Chaplin
P.O. Box 550
Vail, CO 81658
RE: Chaplin Subdivision Exemption
Dear Don,
On Monday, April 8, 1996, the Board of County Commissioners conditionally approved your petition
for an exemption from the definition of subdivision. The conditions that must be met prior to final
approval are as follows:
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.
That the applicant shall submit $200.00, per lot ($600.00 total), in school impact fees for the
creation of all exemption parcels.
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."
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, CO 81601
•
"Portions of this exemption were approved based on the use of a central well and shared
water system. There is no assumption that a household use only well will be a dependable
water supply. Any purchaser of a parcel of land that was created by this exemption reserves
the right to use the proposed central water supply, specifically Lots 2, 3, or 4."
"It is recommended, not required, that the shared well system (Lots 2, 3, and 4) approved for
this exemption should have either an individual water storage tank, minimum capacity of 1000
gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of
1000 gallons per lot created and served by the central water system. This should be done at
time of building permit application at the expense of the building permit applicant."
"There shall be no residential construction allowed within the areas identified as "drainage
easement" on this plat.
"Soil conditions on the site may require engineered septic systems and building foundations.
Site specific percolation tests at the time of building permit submittal shall determine specific
1SDS needs on the site."
"There shall be no additional splits by exemption on any lot created by the approval of this
exemption."
"All access easements and driveways shall be less than 14% grade."
"That all utilities shall be placed underground."
6. The control of noxious weeds shall be the responsibility of the landowner.
That, if the water supply is to be shared, 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 shared well system:
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;
t) If the well is to be shared, the provision for individual water storage tanks of no less
than 1000 gallons for each proposed lot (should be considered at time of building
permit application);
g) A discussion of the mechanical components of the shared well system to include the
pump, water supply line, storage tank and other components (for shared well
systems);
h) A legal, well sharing agreement which discusses all easements and costs associated
with the operation and maintenance of the system and who will be responsible for
paying these costs and how assessments will be made (for shared well systems);
i) The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
8. That the access road shall be constructed in a manner to positively manage the expected
stormwater flows across the property and ensure that there is no material change in the
drainage characteristics of the surrounding area, especially Peach Valley Road. Furthermore,
the applicant shall consult with Road and Bridge to determine the best and safest alignment
of the access road.
If you have any questions regarding these conditions, please do not hesitate to contact this office.
Sincerely,
Eric D. McCafferty
Garfield County Planner
MR. & MRS. DONALD M. CHAPLIN
POST OFFICE BOX 550/VAIL, COLORADO 81658
December 1, 1996
Eric D. McCafferty
PLANNER
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Ck, ti ►` c t l� (X)UN ! Y
Subject: Request for extension for presentation of a plat to
the Garfield County Commissioners,....reference is
made to Paragraph 3. of your letter of April 11,
1996, Chaplin Subdivision Exemption.
Dear Eric;
As you may recall Norm Clayson has requested of Mrs. Chaplin
and myself that in the surveying and planning process we es-
tablish "building envelopes" for the three parcels,....not
currently developed. In this regard:
(1) What are our legal obligations to comply with this
request; and
(2) Ilas Mr. Clayson established building envelopes in
the development plan for the property immediately
to the East and contiguous to our property.
We are again confronted with the need for additional time; we,
therefore, request an extension of 120 days to resolve this
issue. This request is submitted in the spirit of the best
possible planning for the Chaplin Subdivision.
Thanks, Eric!
Tmcerel
il-, ;, , 44,,
I / 1
(Donald M
lin
/,,/
/4 16) -et tet, ff:et
(Barbara L. Chaplin)?
rE e
/2/1
•
August 7, 1996
Eric D. McCafferty
PLANNER
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Subject: Request for extension for presentation of a plat to
the Garfield County Commissioners,...refer Paragraph
3. of your letter of April 11, 1996, Chaplin Subdivi-
sion Exemption.
Dear Eric;
The water storage right know as Puddin's Pond approved by the
Water Referee, Water Division No. 5, State of Colorado will
impact three of the four parcels. In our efforts to plan with
great thought and professionalism,...we are in need of addition-
al time in the Exemption process.
We, therefore, request an extension of 120 days for this pur-
pose.
Thank you.
�r\
(Donald
aplin
Donald M. Chaplin
P.O. Box 550
Vail, Colorado 81658
L. Chap in
cOk- (/1
SHERRY A. CALOIA
JEFFERSON V. HOUPT
TRAVIS S. THORNTON
• •
CALOIA & HouP'r, P.C.
ATTORNEYS AT LAW
March 18, 1997
Mr. Eric McCafferty
Garfield County Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Chaplin Subdivision Exemption
Dear Eric:
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Via Hand Delivery
In connection with the Chaplin subdivision exemption application, enclosed please find
a draft "Declaration of Easements and Covenants," which will confirm a domestic and
irrigation water supply for each of the lots within the exemption. Please review this document
and advise me whether it meets the County's requirements. If it does not meet the County's
requirements, please advise me specifically in what manner it does not meet those
requirements, and we will revise the document accordingly.
If you have any questions or concerns, please do not hesitate to give me a call.
Sincerely,
CALOIA & HOU T, P.C.
JVH:lln
Enclosure
cc: Don Chaplin, w/enc.
CHAPLIN-McCafferty-Itr-1
• •
DECLARATION OF EASEMENTS AND COVENANTS
Garfield County, Colorado
DRAFT
The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"),
together being the sole owner of certain real property located in Garfield County, Colorado,
described on Exhibit A, attached hereto and incorporated herein by this reference, having caused
the same to be divided into four (4) lots, as described in Garfield County Resolution No.
(hereinafter the "Subdivision") recorded the day of
1997, in Book at Page as Reception No. , Garfield County
Records, hereby declare and acknowledge that all property within the Subdivision is and shall
be subject to the following Easements and Covenants:
ARTICLE I
WATER SUPPLY AND WATER RESTRICTIONS
1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be
derived from the Klumker Well, which is the subject of the decree entered in Case No. W-
1183, District Court in and for Water Division No. 5, and shall be separate and distinct from
the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and
the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely
responsible for the operation, maintenance, repair and replacement of the same. Upon
conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well
and the water right therefor and appurtenant facilities.
2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots
2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit
No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate
of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the
water produced therefrom may be used only for ordinary household purposes, fire protection,
the watering of poultry, domestic animals, and livestock on farms and ranches and for the
irrigation of not over a total of one acre of home gardens and lawns in not more than three
single-family dwellings.
3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and
appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No.
1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant
of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot
an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump
and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2,
3 and 4, as they may appear from time to time, and such owners shall be responsible for
subsequent assignments and amendments to reflect current ownership. The owner of Lot 4 shall
be the owner designated to receive correspondence related to such well permit.
G:\WP5I \DOCS\CHAPLIN.3DC
March 18, 1997
• •
4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each
lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant
to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint
owners, each with an undivided one-third interest in the Chaplin Well No. 1, the pump, and any
appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest
shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of
Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities.
5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be
entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall
be responsible for paying one-third of the costs of maintenance, operation, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs
of common water lines or other common water facilities shall be borne equally by the owners
of the lots using such facilities. The lot owners shall 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 lot owners are unable to agree upon any
required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to
undertake the minimal work necessary and essential for proper functioning of the common
facilities. In the event a lot owner determines to undertake such work, he shall first notify the
other lot owners in writing. The lot owner undertaking the work shall upon completion provide
the other lot owners with a written statement of the work performed and the other lot owners'
proportionate shares of the costs.
6. Payment of Common Expense. Each lot owner shall pay its proportionate share
of common expenses within 30 days from the time a statement of expenses is presented for
payment. In the event a lot owner 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 lot owner fails to pay any amounts due with interest thereon, within
six months from the date of presentment for payment, water service to the delinquent lot shall
be discontinued. Further, the lot owner 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 Covenant, and shall be
entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment
for collection.
7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and
nonexclusive easements sufficient give force to the provisions of this Article, including
easements for the construction, maintenance, operation, repair, replacement and improvement
of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may
be located; provided, however, that the alignment of the common water facilities shall be such
as will provide the most direct route possible across each lot, yet remaining outside the building
envelope.
8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to
irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre
(14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over
G: \WP51 \DOCS\CHAPLIN.3 DC
March 18, 1997 -2-
• •
irrigation use, and no outside use shall be allowed if any in-house domestic needs are not met.
The owners of Lots 2, 3 and 4 may in writing agree to restrictions on and schedules for lawn
and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit
and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No
lot owner shall waste water, and each owner shall exercise prudence and conservation in the use
of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless
otherwise agreed, no lot shall use more than one-third of the water physically available from the
Chaplin Well No. 1
9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the
Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant
of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one-
eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch.
Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies
to accomplish the transfer of such shares.
ARTICLE II
GENERAL PROVISIONS
1. Covenants to Run. The Covenants herein set forth shall run with the property
constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All
parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant
with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform
to and observe said restrictions, but no restrictions herein set forth shall be personally binding
on the Declarant or any other persons except in respect to breaches committed during his or their
ownership of said land.
2. Enforcement of Covenants. These Covenants may be enforced by any lot owner
or any governmental entity having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by these Covenants. The prevailing
party in such action shall be entitled to reasonable attorneys' fees and costs.
3. Terms of Covenants. These Covenants shall remain in effect for a period of
twenty-five (25) years, and automatically shall be continued thereafter for successive periods of
ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or
amend all or any portion of these Covenants at any time prior to the expiration thereof;
provided, however, that no repeal or amendment shall be effective until an instrument setting
forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office
of the Garfield County Clerk and Recorder.
4. Amendment of Covenants. These Covenants may be sooner amended by
unanimous consent of all lot owners; provided, however, that no amendment shall be effective
until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot
owners, is recorded in the Office of the Garfield County Clerk and Recorder.
G: \WP51 \DOCS\CHAPLIN.3DC
March 18, 1997
-3-
• •
5. Severability. Should any provision of these Covenants be declared invalid or
unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of
any other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has
executed this day of March 1997.
By
By
STATE OF COLORADO )
) ss.
COUNTY OF )
DECLARANT:
Donald M. Chaplin
Barbara L. Chaplin
Acknowledged, subscribed, and sworn to before me this day of March 1997, by
Donald M. Chaplin and Barbara L. Chaplin.
WITNESS my hand and official seal. My Commission expires:
G: \W P51 \DOCS\CHAPLIN.3 DC
March 18, 1997
Notary Public
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HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 01601 15l")% �('1 11/110/'-1,=5
(303) 945-0676 • FAX (303) 945-2555
1
„rArroA,rovr,Itrrvnanar:mrtar,mn
,rr-•r-rt m717,,:1,f01A^'‘^"^:!,rre-^lr-'„Y VT�IK
Board
Ross Talbott - Chairman
Joe Montover
Sean Mello
Tom Voight
Gordon Witzke
f
Burning g Mountain
Fire Protection District
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chie
February 23, 1996
To Whom It May Concern:
This is to inform you that the property owned by Donald M. & Barbara L. Chaplin, located at 4023
County Road 214, T6S; R 92W; Section 1, SW 1/4 of the NE1/4, Lots 1 & 2, is within the Burning
Mountains Fire Protection District and we do provide fire protection to same. It should be noted that
the distance from the fire station will make for a long response time.
Thank you,
Donald L. Zordel, District Chief
Burning Mtns., FPD
larTIMq
FEB 27 1996'
Caloia Houpt & Light, P.C.
1
PROPOSED
CH.4PUN WELL /1
(PERM/ALU FOR
DOMESTIC USE)
sew
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MOOSE
l.o71
10 ACRES +/-
0
PROPOSED ACCESS
AND U7IL/TY EASEMENT
EX/S77NG
WELL
SCALE
1 INCH - 300 Pr.
COUNTY ROAD 214
(PEACH VALLEY ROAD)
rIc&tRD L 1YOLSANI
Profiles/one Land Surveyor
LS 13501
s. MAP
CHAPUN SUBDMSION EXEMPTION
SECTION 1, T6S, R92W
4773 214 Rd tom. SILT, COLORADO j
SIM Colorado
�� (970) 876-2947 __� AVE' 2/26/9411PRal 950f9 CHIP/SWIM
I %C
4:20
�./ -„Page 5%0 Recorded at _... .__.o'clock.Y_...M., .._ )ril...l8. ..1.E. _...._.........
r454
I.4066z
- Reception I.4° Recorder.
.»... »...»..._..» Ch�.�,N,k��tRecorder.
THIS DEED, Made this 15th day of April
in the year of our Lord one thousand nine hundred and s ix t y- eight
between
WALTER E. CASTLE and ALICE A. CASTLE
of the County of Garfield
and State of Colorado, of the first part, and
KELLY KLUMKER and GEORGIA B. KLUMKER
of the
and State of Colorado, of the second part:
WITNESSETH, That the said parti e S of the first part, for and in consideration of the sum of
Thirty Thousand and no/100
County of Garfield
STATE 6ALE16IYTAtr RE
AP314ZitUR
Q
DOLLARS,
to the said partie S of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
Lots 1 and 2 and the SWNE. of Section 1, Township 6 South, Range
92 West of.the 6th P. M., save and except the part thereof describ-
ed in that certain deed recorded as Document No. 93135 in Book 142
a& Page.'549:and also that part of said SWkNE lying north of the
old county road bounded on the west by the section lire, bounded on
the north by the Roseman Ditch, and bounded on the east by the
center of a rock ledge marked by a fence;
PROVIDED ALWAYS that Grantors except and reserve all that part of
the above-described property lying East of the following -described
line:
Beginning at a monument on the First Correction Line South, at a
point whence the South Quarter Corner of Section 33, Township 5
South, Range 92 West of the 6th P. M. bears East 341.25 feet;
thence S. 00° 09' 07” E. 1333.23 feet to an angle point of the
property division fence; thence S. 82° 54' 41" W. 69.04 feet along
the property division fence to an angle point of said fence; thence
S. 00° 08' 58" W. 1134.35 feet along the property division fence
to a monument located at the Northerly right-of-way fence of the
county road as constructed and in use.
Together with 10 shares of water in the Roseman Ditch, or the
equivalent thereof in second feet or fractions thereof, and a
corresponding interest in said Roseman Ditch sufficient to convey
said water. (Said Roseman Ditch is sometimes referred to as an
enlargement of the Tompkins Ditch.)
GRANTORS RESERVE, for themselves, their heirs, executors, admini-
strators and assigns, an undivided one-half of whatever interest
the Grantors now own in any and all oil, gas and other minerals of
every nature, in or under said lands or which may be produced there
from, said reservation being in addition to reservations made by
prior owners or grantors in the chain of title to said land.
TOGETHER with all and singula the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado
'60re
Book 393 Page 455
TO HAVE 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 partleS of the first part, for
them Selves, theirheirs, 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 ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and haVe good right, full power and lawful authority
to grant, bargain, 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, taxes, assessments and incumbrances of whatever kind or nature,
soever, subject to reservations in the patents from the United States
covering said lands, previous mineral reservations, and rights-of-
way for ditches, roads and telephone and power lines as now
constructed and in use; and except taxes for the year 1967 becoming
due and payable in 1968, which taxes Grantors assume and agree to
pay.
and the above bargained premises in the quiet and peaceable possession of the said parties 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 said part ie S of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
Iss.
county of Garfield _
The foregoing instrument was acknowledged before me this 16th
19 68 ,Nr* WALTER E. CASTLE and ALICE A. CASTLE.
My'lcommission expires May 8 , io71 . Witness my hand and official seal.
WALTER E. CASTLE
(1('(;°<= a,
ALICE A. CASTLE
ISEAL]
[SEAL]
[SEAL]
day of April,
•, ..'•�1i1111llrlllll/l///
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4.1 • •1f rigt ral pereo,j oE•bfieons here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact,
Stet%insert 4ia if Ceratin as -'executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such
ta;icut or officers, asihApreehlent or other officers of such corporation, naming it.
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Folin No. -
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISI •OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 186:382
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
DONALD & BARBARA CHAPLIN
% LEAVENWORTH & CALOIA PC
P 0 DRAWER 2030
GLENWD SPRINGS CO 81602
( 303)945-2261
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NE 1/4 Section 1
Twp 6 S RANGE 92 W 6th P.M.
DISTANCES FROM SECTION LINES
860 Ft. from North Section Line
1240 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of 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.
The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 36 acres described as that
portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more
particularly described on the attached exhibit 'A'.
The use of ground water from this well is limited to ordinary household purposes inside three (3) single family
dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the
irrigation of not over one (1) acre of home gardens and lawns.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specifiedon this permit_
)
OW\
=R'S CCFY
APPROVED
JD2
State Engineer
Receipt No. 0381528
DATE ISSUED APR 2 ti 1995
By
EXPIRATION DATE APR 2 If 1997
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 94CW30
1.171735
----
IN COMBINE) COUFfr
CL.F;F'E_I_t r ;r.:'r•. -.,
APR 2.7 ;urs.
RULING OF THE REFEREE
IN THE MA'I"I ER OF THE APPLICATION FOR WATER RIGHTS OF:
DONALD M. CHAPLIN AND BARBARA I. CHAPLIN, in Garfield County, Colorado
The above -entitled application was filed on February 28, 1994, and was referred to the
undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge
of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water
Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are necessary to
determine whether or not the statements in the application are true and having become fully
advised with respect to the subject matter of the application does hereby make the following
determination and Ruling as the Referee, to wit:
1. The statements in the Application are true.
2. The name and address of the Applicants are Donald M. Chaplin and Barbara I.
Chaplin, P. O. Box 550, Vail, CO 81658.
3. The Applicants request an application for water storage right as more fully
described as follows:
A. Name of reservoir: Puddin's Pond.
B. Legal description:
Location of dam: Puddin's Pond is located in the Southwest 1/4 Northeast 1/4
of Section 1, Township 6 South, Range 92 West of the 6th P.M. The outlet is
located 1340 feet West of the Easterly Section line and 2200 feet South of the
Northerly Section line of said Section 1.
Name and capacity of ditch used to fill reservoir, and legal description of point
of diversion: See Paragraph 3.C., below.
F:\FnFS\CHAPIIN.3RU
April 27, 1995
• 1
Donald and Barbara Chaplin
Ruling of the Referee
C. Source: Seepage from Roseman Ditch, which runs above the seep area for
several hundred yards, tributary to the Colorado River.
D. Date of appropriation: October 31, 1988.
E. Amount claimed: 2 acre-feet, conditional.
F. Use: Aesthetic, wildlife propagation, stockwater and erosion control purposes.
G. Maximum height of dam: 8.5 feet.
Length of dam: 35 feet.
H. Total capacity of reservoir: 2 acre-feet.
Active capacity: 1.5 acre-feet.
Dead storage: .5 acre-feet.
The Referee does therefore conclude that the water storage right requested for the
Puddin's Pond, as more fully set forth in Paragraph 3, above, is hereby granted and 2 acre feet,
with an Appropriation Date of October 31, 1988, is hereby awarded conditionally to the
Puddin's Pond for aesthetic, wildlife propagation, stockwater and erosion control purposes,
provided always that said 2 acre-feet is awarded on the condition that said quantity of water be
diverted and applied to beneficial use within a reasonable time; SUBJECT, HOWEVER, TO
ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the
Division Engineer of such priorities and changes or rights in accordance with law.
An Application for Finding of Reasonable Diligence shall be filed in the same month as
the decree herein is entered every six years after the entry of the decree herein so long as the
Applicants desire to maintain the conditional water right herein awarded, or until a determination
has been made that such conditional right is made absolute by reason of the completion of the
appropriation, or are otherwise disposed of.
4. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to
judicial review.
5. It is further ORDERED that this Ruling shall be filed with the appropriate
Division Engineer and State Engineer.
F: \FILES\CHAPLIN.3 RU
April 27. 1995
-2-
• •
Donald and Barbara Chaplin
Ruling of the Referee
Dated this,27 day of
✓ ,�/3i 93
a -
1C F-rrl c , u C+ri
, 1995.
BY THE
Water Referee
Water Division No. 5
State of Colorado
No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed
and approved and is made the Judgment and Decree of this Court. The month and year for
filing an Application for Finding of Reasonable Diligence shall be
MAY , 2001.
Dated this, -- /qday of d , 1995.
F: \FILES \CHAPLIN.3RU
April 27, 1995
—WATER JUDGE
1_«/5jqt� I r
Pr -
!ice
-3-
IN THE DI:;TRICT COURT IN AND
WATER DIVISION NO. 5
STATE OF COLORADO
CASE NO. W- 1183
IN THE MATTER OF THE
APPLICATION FOR
WATER RIGHTS OF KELLY KLUMKER
& GEORGIA B. KLUMKER
IN THE COLORADO
RIVER OR ITS TRIBUTARIES
TRIBUTARY INVOLVED:
IN GARFIELD COUNTY
FILED
FOR 1N WATER C:.. .
Division No.
N OV 2 19 '?. •
717E OF COL -01;A ;
RULING trITM-112ttnE
ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 12 th day of July , 1972 .
Kelly Klumker and Georgia B. Klumker
New Castle, Colorado
1. Name of Applicant
Address
2. The name of the structure is Klumker Well.
3. The Legal description of the structure is: the well is located
in the SANEk of Section 1, T. 6 S., R. 92 W. of the 6th
P.M. at a point whence the South Quarter Corner of Section33
T. 5 S., R. 92 W of the 6th P.M. bears N. 17°33'22" E.
a distance of 2299 feet.
4. The depth of the well is
5. The
6. The
7. The
8. The
9. The
10.. The
155 feet.
date of initiation of appropriation is March 1, 1967.
amount of water claimed is 0.033 cubic foot per
second of time.
use of the water is domestic.
State Engineer's number is none.
Priority date is March 1, 1967.
date of the application was June29, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided by law.
Don at the City of Glenwood Springs, Colorado this
Z I L day of
je-1.,,,r.�sr
10 protest was filed in this matter.
The foregoing ruling, is confirmed
an':i approved, and is made the
Judgment and Decree of this court.
Dated: 'J "Z /(i.73
r;
Water Judge
Water Referee
Water Division No. 5
State of Colorado
• •
DECLARATION OF EASEMENTS AND COVENANTS
Garfield County, Colorado
The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"),
together being the sole owner of certain real property located in Garfield County, Colorado,
described on Exhibit A, attached hereto and incorporated herein by this reference, having caused
the same to be divided into four (4) lots, as described in Garfield County Resolution No.
(hereinafter the "Subdivision") recorded the day of
1996, in Book at Page as Reception No. , Garfield County
Records, hereby declare and acknowledge that all property within the Subdivision is and shall
be subject to the following Easements and Covenants:
ARTICLE I
WATER SUPPLY AND WATER RESTRICTIONS
1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be
derived from the Klumker Well, which is, the subject of the decree entered in Case No. W-
1183, District Court in and for Water Division No. 5, and shall be separate and distinct from
the domestic water supply for Lots 2, 3 and 4. The Klumker Well, the water right therefor, and
the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely
responsible for the operation, maintenance, repair and replacement of the same. Upon
conveyance by Declarant of Lot 1, Declarant shall quit claim to the grantee the Kumker Well
and the water right therefor and appurtenant facilities.
2. Domestic Water Supply for Lots 2, 3 and 4. The domestic water supply for Lots
2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit
No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate
of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the
water produced therefrom may be used only for ordinary household purposes, fire protection,
the watering of poultry, domestic animals, and livestock on farms and ranches and for the
irrigation of not over a total of one acre of home gardens and lawns in not more than three
single-family dwellings.
3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and
appurtenant facilities are currently owned by the Declarant, and the permit for Chaplin Well No.
1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant
of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot
an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump
and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2,
3 and 4, as they may appear from time to time, and such owners shall be responsible for
subsequent assignments and amendments to reflect current ownership. The owner of Lot 4 shall
be the owner designated to receive correspondence related to such well permit.
C:\WP5I \ DOCS \CHAPLIN.3DC
February 22, i996
• •
4. Ownership and Maintenance of Chaplin Well No, 1 and Water Facilities. Each
lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant
to the conveyances made as set forth in paragraph 3, above, the lot owners shall be the joint
owners, each with an undivided one-third interest in the Chaplin Weil No. 1, the pump, and any
appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest
shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners of
Lots 2, 3 and 4 shall be solely responsible for operatation, maintenance, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities.
5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be
entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall
be responsible for paying one-third of the costs of maintenance, operation, repair, replacement,
and improvement of the Chaplin Well No. 1, the pump, and appurtenant facilities. The costs
of common water lines or other common water facilities shall be borne equally by the owners
of the lots using such facilities. The lot owners shall 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 lot owners are unable to agree upon any
required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to
undertake the minimal work necessary and essential for proper functioning of the common
facilities. In the event a lot owner determines to undertake such work, he shall first notify the
other lot owners in writing. The lot owner undertaking the work shall upon completion provide
the other lot owners with a written statement of the work performed and the other lot owners'
proportionate shares of the costs.
6. Payment of Common Expense. Each lot owner shall pay its proportionate share
of common expenses within 30 days from the time a statement of expenses is presented for
payment. In the event a lot owner 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 lot owner fails to pay any amounts due with interest thereon, within
six months from the date of presentment for payment, water service to the delinquent lot shall
be discontinued. Further, the lot owner 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 Covenant, and shall be
entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment
for collection.
7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and
nonexclusive easements sufficient give force to the provisions of this Article, including
easements for the construction, maintenance, operation, repair, replacement and improvement
of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the same may
be located; provided, however, that the alignment of the common water facilities shall be such
as will provide the most direct route possible across each lot, yet remaining outside the building
envelope.
8. Use of Water: No Waste. The owner of each of Lots 2, 3 and 4 is entitled to
irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre
(14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over
C:\WP51 \DOCS\CHAPLIN.3DC
February 22, 1996
• 1
irrigation use. and no outside use shall be allowed if any in-house domestic needs are not met.
The owners of Lots 2. 3 and 4 may in writing agree to restrictions on and schedules for Lawn
and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit
and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No
lot owner shall waste water, and each owner shall exercise prudence and conservation in the use
of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless
otherwise agreed, no lot shall use more than one-third of the water physically available from the
Chaplin Well No. 1
9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the
Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant
of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one-
eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch.
Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies
to accomplish the transfer of such shares.
ARTICLE II
GENERAL PROVISIONS
1. Covenants to Run. The Covenants herein set forth shall run with the property
constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All
parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant
with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform
to and observe said restrictions, but no restrictions herein set forth shall be personally binding
on the Declarant or any other persons except in respect to breaches committed during his or their
ownership of said land.
2. Enforcement of Covenants. These Covenants may be enforced by any lot owner
or any governmental entity having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by these Covenants. The prevailing
party in such action shall be entitled to reasonable attorneys' fees and costs.
3. Terms of Covenants. These Covenants shall remain in effect for a period of
twenty-five (25) years, and automatically shall be continued thereafter for successive periods of
ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or
amend all or any portion of these Covenants at any time prior to the expiration thereof;
provided, however, that no repeal or amendment shall be effective until an instrument setting
forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office
of the Garfield County Clerk and Recorder.
4. Amendment of Covenants. These Covenants may be sooner amended by
unanimous consent of all lot owners; provided, however, that no amendment shall be effective
until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot
owners, is recorded in the Office of the Garfield County Clerk and Recorder.
C: `,. W P51 \DOCS\CHAPLIN.3DC
February 22, 1996
-3-
• •
5. Severability. Should any provision of these Covenants be declared invalid or
unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of
any other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has
executed this day of . 1996.
By
By
STATE OF COLORADO )
) ss.
COUNTY OF )
DECLARANT:
Donald M. Chaplin
Barbara L. Chaplin
Acknowledged, subscribed, and sworn to before me this day of
1996, by Donald M. Chaplin and Barbara L. Chaplin.
WITNESS my hand and official seal. My Commission expires:
C:\ W P51 \DOCS\CHAPLIN.3DC
February 22, 1996
Notary Public
-4-
•FA',1 Q96
Recorded at i.ae) ,,.,.. Y' 'f, �....,
Reception No.
KELLY KLU'IKER and GEORGIA B. KLUAIKER, husband
and wife,
whoseathlressis Route 10, Box 155, Glenwood,
New Mexico
County of Catron , State of
New Mexico , for the consideration of Ten
Dollars and other.lvaluable consideration
d ixLY, in hand paid, herclly sell (x and convey04 to
DONALD M. CHAPLIN and BARBARA L. CHAPLIN,
as tenants in common,
whose legal address is P . 0 . Box 5 5 0 ,
Eagle , and State of Colorado
County of Garfield
MAR 2 1978
as joint tenants and not
Vail , County of
the foliowing real property in the
, and State of Colorado, to wit:
Lots 1 and 2 and the SW3/4NE4 of Section 1, Township 6 South,
Range 92 West of the 6th Principal Meridian, except tracts
of land conveyed by deeds recorded as Documents Nos. 93135
and 144916 and also except tract of land reserved by deed
recorded as Document No. 243139.
also known as street and number
with all its appurtenances, and warrantkA the title to the same, subject to
ad valorem taxes and installments of special assessments for 1978
and subsequent years, reservations from U. S. Patent, rights-of-way
recorded in Book 50 at Page 427, Book 191 at Page 315, Book 401 at
Page 68, and Book 1 at Page 90; mineral reservations recorded in
Book 357 at Page 587, and Book 401 at Page 68.
Signed this
1st
day of
STATE OF COLORADO,
County of Garfield
1SS.
Marc
,+ ! 19 /�7 8
K fy K1U t1""k'er ;' "husband
7
i d
Georgia B. Klumker, wife
The foregoing instrument was acknowledged before me this
day of March ,19 78, by Kelly Klumker
husband and wife.
My commission expires October 1, 1980
„14,1 tWe 5;my hand and official seal.
011U--01, .,°:..c
1st
and Georgia B. Klumker
OF 00- 0,tr.
47'11.rmnu0tt `
1.
No. 89t.•,i„nyits;,110;need—Short Form Bradford Publishing Co.. (944.44 Stout Streit. Denver. Colorado. x.77
Notary Public