HomeMy WebLinkAbout2.0 BOCC Staff Report 03.03.1997• •
BOCC 3/3/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Thomas Cook
LOCATION: A tract of land located in Section 32, T6S,
R9OW of the 6th P.M.; located approximately
seven (7) miles southeast of New Castle, east
of County Road 312.
SITE DATA: 165 Acres
WATER: Individual well
SEWER: Individual Sewage Disposal System (ISDS)
ACCESS: County Road 312 (Garfield Creek Road)
EXISTING ZONING: A/R/RD
ADJACENT ZONING: South/East: O/S
North/West: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in District D - Rural Areas/Moderate Environmental Constraints,
as designated by the Garfield County Comprehensive Plan's Management Districts Map
(1981; 1984). This development proposal is in general conformance with the Comprehensive
Plan.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject, 165 acre tract lies approximately eight (8) miles
southeast of New Castle, near the terminus of County Road 312. The majority of the
tract consists of gentle to moderate slopes and Belodi Creek transects the tract,
entering from the southeastern corner. The dominant vegetation on the steeper slopes
is Gambel oak and the gently -sloped areas are likely vegetated by annual and perennial
grasses and sage.
• •
B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject tract are
largely agricultural with secondary residential land uses. The Bureau of Land
Management administers land adjacent to the tract and the Garfield Creek State
Wildlife Area is located nearby. See vicinity map, page `i 7 .
C. Proposal: The applicant proposes to divide, by exemption, the 165 acre tract into two
(2) parcels of 5.0 and 160.0 acres each. The 5.0 acre tract would be located
northeast of CR 312 and would be bisected by Belodi Creek. The homesite would be
located east of the Creek. See sketch map, page• f • .
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad), preventing joint use of the proposed tracts, and the division occurs
along the public right-of-way, such parcels thereby created may, in the discretion of
the Board, not be considered to have been created by exemption with regard to the
four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;"
The application contains a deed recorded in Book 411, Page 347, dated Jul 2, 1970,
which describes the tract as it currently exists. See deeds, pages . . The
applicant is requesting an exemption based on the County Road splitting the property,
preventing joint use of the tract, therefore in the discretion of the Board, this request
would comply with Section 8:52 (A) of the Subdivision Regulations.
B. Zoning: The tract is within the A/R/RD zone district and the proposed exemption
parcel is larger than the two (2.0) acre minimum lot size. Slope of the five (5.0) acre
parcel is relatively gentle and would not create any significant impacts to residential
development. Belodi Creek flows through the northeastern portion of the tract and
would cross the exemption parcel; however, the 100 -year floodplain has not been
identified or mapped. Development of the tract would be required to comply with
Section 5.05.02 of the Zoning Resolution, whereby structures must adhere to a
minimum, 30 foot setback from the high water line of Belodi Creek.
C. Water Supply: The applicant proposes an exempt, domestic well as the water supply
for the exemption parcel. The original well permit has expired; however, application
has been made to the Division of Water Resources to reinstate the permit. See
permit, pages /1/1 14. The applicants have also submitted well yield and depth
information suggesting that wells in the area are capable of producing between 5 and
25 gallons per minute. See well information page =, . Prior to final approval,
it is required that the applicant receive the appropriate well permit, drill and pump -test
the well and provide an opinion of the individual conducting the test that the well is
capable of supplying water for the proposed uses. Additionally, the water must be
tested for nitrate/nitrite and fecal coliform bacteria content.
D. Soils/Sewer: An individual sewage disposal system (ISDS) is the proposed method
of wastewater treatment and, according to the Soil Conservation Service, the soil
where the development is proposed is classified as Cimarron loam. When this soil is
used for building site development and ISD systems, constraints are considered to be
moderate to severe, generally due to high clay content, shrink -swell potential and
slow percolation rates. Staff suggests a plat note noting the possibility of an
engineered septic system and building foundation.
E. Access: Access to the exemption parcel is provided by County Road 312 (Garfield
Creek Road), which separates the five acre parcel from the remaining acreage.
However, to gain access to the buildable portion of the parcel would require the
construction of a bridge over Belodi Creek. Unless other access is proposed across
adjacent lands, then it appears that it would be required that the applicant construct
a bridge or similar structure to allow a well -drilling rig access to the parcel. Due to
this, staff recommends that any future bridge be built to accommodate emergency
vehicles and be completed prior to final approval of the exemption. Additionally, staff
suggests the applicant discuss access with the Road and Bridge Department and
receive any required driveway permit, prior to final approval.
F. Fire Protection: The Burning Mountains Fire Protection District has commented on
the proposal, stating the property is within its response area. The District further
states that the distance from the fire station would result in delayed response times.
See letter, page al . Staff suggests that the applicant discuss with the District
the feasibility of installing a dry hydrant in Belodi Creek to provide water for fire
fighting purposes. Additionally, staff suggests the inclusion of the standard plat note
addressing wildfire protection.
G. Easements: All required easements for access, utilities, water supply, etc.,will be
required to be shown on an exemption plat.
H. School Site Acquisition Fees: The applicant would be required to pay the $200.00
school site acquisition fee, for the creation of the exemption parcel.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3 •
• •
3 That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation ditches, access, utilities,
etc.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00 in School Site Acquisition Fees, for the
creation of the exemption parcel, prior to authorization of an exemption plat.
That the following plat notes shall be included on the exemption plat:
"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."
"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 ISDS needs on the site."
"The individual lot owners shall be responsible for the control of noxious weeds."
6. That the recording fees for the exemption plat and all associated documents be paid
to the County Clerk and Recorder prior to the signing of an Exemption Plat by the
Board of County Commissioners and a copy of the receipt be provided to the
Planning Department.
UNITED STATES.
DEPARTMENT OF THE IITERIOR
(
GEOLOGICAL SURVEY
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:ds Parcel Number Used Is 068
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tht
IIaqi02 :4aaA $ecot'ded at.• a 20
064#2468cS1 iteeepttoti Nn:. 11 � Z .
His Ili;tn, mule this ' 9th' dig a
tween JAMES b, EAtekS6N
of Ste,"
County of Son/der and )Mate bf Catotada, of rite brat tjatt, and
bWIGHT E %Tanta. a bloblaSCs C'bO1(
Of the County of 9bui ler and State of
Colorado, dl the eeeond para
WtTNi;sSEfihd, That the bald pare/ Of the first part, for and itt Cbneiderettoe of tiro NUM 4
Tett bo].lars and Other good 6 valuable. coi►aiderations+- �+�-- °'j�' "' 'aa�
to the maid party of the that part itt hand paid by laid part ies of tie aecottdpert, tiro teelitii thhii'ebtte
hetet* confessed and acknowledged, hails granted, bargained, sold and conveyed, end by these plUNEiitd dd
grant, bargain, deli, convey and confine, utttu the Said patties of the second paittitelittelilfand habit's for+.
ever, all the following described tot or pareet ofland, situate, tying and being in the
County of Garfield end State of. Cbtorado, td Wit:
SE, 1/4 Nw 1/41 NE 1/4 SW .,1/41 ti' 1/2 SE //4► ail in Set:. 321 fi 6 Sy 'ft 90 td'bth, ttM
And priorities Not 170 and 1728 itt geilddi Nth 1. bitch floc 112'
from Garfield Creek) biati 451 and priority .Nd: 171 itt Bellttdi
No, 2 Ditch Nos 113 from Garfield Cteekl Dist: 45,
TooETftEU with all and eiflgutar the hereditaments and appurtenances thereto belonging'. at itt anyWlte
appertaining, and the reversion and reversions, reminder and remainders, rents, tsdties and piwflid thereof, end ah
the estate, tight, title, intereeti chitin and deterred whatsoever of the said patty efthe fttat Otte 01111er tri 1dw
or equity, of, in and to the abo0e bargained premises, with the hereditamltita and aptttiritttahtes,
TO NAVE AND TO lfOLD the said Mullah above bargained and described With the otiputteitattted, untd the
said part ies of the second pattkhe.ir beitti and ensigns forever. Arid the said patty_ • Of the inter Wirt,
for His aelf his heirs. executors, and adndnlbtratotd, do cadenantt )wont; tiergoin, and agtee (d Mttit.
with the said part ies of the second parttheirhotre and assigns, that at the time of the easeshhtit ftld de tiario'.
of these presents, they are Welt seized of the premises above conveyed, ab of goad, aur beitiet, ai olat0 and
Indefeasible estate of Inheritance, In la*, in fee simple, and hit ve good right, fait power arid'tawful authority
to grant, bargain, sell and convey the Sarre in manner and farm as aforesaid, aid that the Wad ate free and thlit
Treat all farther sed othet grants, bargains, Sated, iiena, taxes asseaamebtb and ehettthbMtttee of tvhaterlee kind or
nature soevetr except regtribtionsr resertfatibtts, and bedstead tit ellbt3 rd,1 it:anyf
also except taxes for 1910 and all subsequent years, •
and the above bargained premidea In the quiet and peaceable possession of the said pact lea otthe second: patty:
their heirs and ast1 n3 agalnat ali and chert person or permiialti*diitty ctaitning op to 614111 the whole,
tit any part thereof, the said darty at the Brit part shalt and wilt WAItttAN1 AND t?tlitt3itt#'1• 11 '
IN WITNESS WHEEEOF, the sego pati et tiro first part he herebhta bet diffiWiiir
and seal the day Otto year first abode wtittitn. .1 '
} t .',
}{-
leg, ti J?t norniaiti •
Couto of vej:kwtc&n, 1^ ^ 'r
The foregoing lnettnineat wan cknonledged before me this /6 rf". day of . •.J . i
it/ %D , by 14%..4J ' C'�- te eT.
•
. My commission denim;�a-e, , G , jp7E . Viiltnbt4my hand and off oast.
STATE co COLOItAnch
932. WAbger►Ttr bttaW-Per t'4 ustee tuts+,)hadtaatbe►6xwstis411 e4esrei,t9irwkfaaMtliaAtls-4ew:.
:rt"4
Racnrded at a nee k SI 4 2_ 1 �'�
Reception No... -448774
QUIT CLAIM[ DEED
D+I=IT EDGAR TSttRKU
Reeertter •
WhO,e address is 3105 S.M. Montebello Pl., Pals City,
County of Martin , and State of'
Florida , for the consideration of One dollar (1.00)
and other good and valuable consideration
Dollars, in hand paid,
hereby sell(s) and quit claim(sl to DWIGHT EDGAR TIRRELL, as
Trustee U/T/A dated November 10, 1969
whose address is 3105 S.W. Montebello P1., Palm City,
Bo 770 p t2it .
Aneiga{
Stats Doc. Fee
_
('minty of Martin , and State of Florida
property, in the County of Garfield
His one-half interest in the Dwight S. Terrell A Thomas C. Cook partnership
in the following described property, to -wits
SSr; NW;, NE; SM;, M-- SFJ}, all in Sec. 32, Township 6 3
And priorities No. 170 and 172R in Bellodi No. 1 Ditch
Creek, Dist. 451 and priority No. 171 in Bellodi No. 2
Garfield Creek, Dist. 45.
, the following real
, ax.d State of Colo -ado, to wit:
also known aft•cre.r,nfi-Rani+.? Terrell Cook ranch
with all its app rtonanor•s
Si¢n�d this say of ,
STATE OF ),
• .19
I,,oMyof /1,C/II N,4 Hl'f
C.h
Tho foro,nang Indra moot wit. •r knowiodtted b..fo.. me thi. A. .1 day of
HI 31,by ()k,6q.,- bGNK re KNE,c
My rotgpnr Ind n rzpir.•N
419 l.a�,rwul Cam. Vas i!, SOS •.,,,. f
W ITN}:4R my h•nd and of! .1 .erl. i 'Y- M (
76, PuMet
, Range 90 M 6th PM
No. 112 from Garfield
Ditch No. 113 from
1411.
/0
Qt I?
Rrn•it1,ti, V?,
Rrci'nk11 +1 .
r�y%AS
N, JUL i 0 1991
%% ANA N-11 1)I1.:1)
H,,oidrr
(ndpU" C1:41C:1lT EDGAR TERR1':1.1., as Trustee 1'/T A dated
November 10, 1989,
V..hlwF
31115 S.A:. moutehel to Place.
Pa.'m
Florida 149,41
'1,, un!t 01 ?1.1 rt 111
. `latr „1
11„ !II,' , 011`,111, t .4111'11 1,1
Twenty -t 1v' Thon4tn,l S No/ 100,I'iI.r.. m head:ud h,'n•h, .rll,I
sdok 808 N1 193.
'F,ARNEW
satt'a n i
•ati,l,-veve,,•'b' THOMAS CHAPLAIN ('t)I11( and TPWO'\ HARRIS COOK, 'ritstees
Chaplain Cook Re'c,r.thle frust dated H.I1.lh ', lonl
%016.-A'l't•.d MW"'"' 215v- t1olnit.. 11e Id 1)rlve, Golden
leffetson
the1600wile. reel prnikrn 111 hr' (,+u o ,,1 (;art tell and titstteof
C-UIn1:1d4'. n'
An undivited one-fourth (1/41 Interest in the following described property:
The Southeast Quarter of the Northwest Quarter (SEI/4 NV1/4), Northeast Quarter
f the Southwest Quarter (NE1 4 SWI/4), and the West One-half of the Southeast
'luarter 6;1/2 SEl/41, all. in Section 32, Township h South, Range 90 West of the
nth P.`i.. to¢ether with all water rights :appurtenant thereto, including without
•
limitation. Priorities No. 170 and 1.;2R in '3ellodi No. 1 Ditch No. 112 from
Garfirid reek, .., t. 45, and Priority No. 171 in 8e11odi No. 2 Ditch •No. 113
r field c -e,4, Dist. 45, and tnnether with all mineral rights;
of The Thomas -
.n1d Mali 1'l C,+lorado 80491' .
al. , 1. ;, . n ht .tr ct .1nd nnnlhrr a vacau _ laud
.11111.tl' a .1ffnlrlen.lr0 . I111I ..alma}' .1 (he ntlr 11 1Il aunt. uhµ^.t to the Lien 01 the 1991 general
prapert,
WI, .1tIlv
til \11 (>1_1'1)111R
1
( 1 ,11111 t . 'j
ht' 1,11'121,1(1V :II.tr11111en1 '.1.1/1, 111n+lcd•_1'I 110,nr gin, Iln�
i)G•'ght I:,' ,ar •e! ( 1.l a• Tru,4tee C/T/.A
\1t,,nlunl..u'4 ien,rr, •j /Q9
.111 91.
•
, C`_ait -
iwigh Edgar Te .5ke11-, Trustee T A
dated Novemhet/10 1989
/� 19 9l
dat "t
.fated November 10, 1989.
1\SWC•• Ill 1,.1n11 Ind ,1111, 1.11.":11-
• •
•
ati.124
•
ZZOG
Jul i 0 9S1
PeonAer.
MktUANal 144A1
01,41HT DGAR TI,TRFTI, A9 Trustee Ur:VA dated
.T.,lovemhei 10, Iggs,
1':11n 1:tt,
110S S.W. MontchelTo
'HOOK M
Martin
',rile el
Florida 1.-.,4,1,1 M1,1dM.1110o,
TWent — i ',i iii. N No/ 1110- -dollms b.ind raid, h vH, soli(
And HATHift ' a‘T THOMAS CHAPLAIN CnOK, Trustees of. The Theda
Harris COOK Ro'VC, .0,10 Tru,t ircr March 7, 1491,
Odle" Mourt.:lield Drive, Golden
Boor( 808 ritit,194
0A171[1.0
.41UL.1 0 J991
OC.}Lere
Lefforson
the ;0111,,,,1 111.' OMII%
id%k'1
Garfield
Colorado. 80401
. irit1 State of
An undividod tli4l interest In the following described property:
Tbe Southeast ,hiarter the Northlwest Ouarter (SE1/4 N41/4),-Northet Quarter
ot :he Southwest tuarter SWI/4/.-and theWest One-half of the Southeast
Ouarter (W1!.1 all tn Secti,-n 12. Township 6 South, Range 90 West of the
tth P.M., together with all water rights appurtenant thereto, Including without
limitation. P.toritres Nn. 170 and 17211 In Bellodi No. 1 Ditch No. 112 .from
Garfield Dist. and Priority No. 171 in Bellodi No. 2 Dltch No. 113.
from C;arlield A5, and together with all mineral rights:
.11,0 h Ori UMhit :1!.•
vacant land
wAhrka,rrpurka,mitt-. ind,A;Iminto.itheiAlci.,thc,amehletito the lien of the 1991 general
oropertax.
1 Tuly
M
.11) 91
C‘-''. a/•V__ereird-e—
AY,./.4.
-,-
DwKht Edgar„, Trustee U/j T/A
ddted Nov:mtir 10, 1989
ilc:'701CVMfIg InStrUMC`11 ictigLO bitMr ,1,1!. of
Dwiht Edgar Terrell as Trusto.e U/T/A dared Novembe 10,
tminni,don // ‘tix.77 Ho, bend And
12-"C. • ,)
72-
io9.1
498042 B-991 P-78 09/087x8 12:20P PO 1 or 1 PEC IAC NOT
MI LDRED ALSDOPF GARF I ELS C(1iN 1( CLQ( AND R1 6.00
QUITCLAIM I)F.F:I)
VHS 1111.1), Mndc this l Ldp of 4,"+r►a.-41'
,w THEDA HARRIS COOK as Trusted of the
Cook Revocable Trust dated March 7, 1991,
HARRIS COOK as Trustee of the Thomas Chap
Revocable Trust dated March 7. 199:
of the 'county or Jefferson
Colorado, grantor(s). and
THOMAS CHAPLAIN COOK
'whose legal address is
lir the
0
County of Garfield
.1940..
Theda Harris
and THEDA
lain Conk
and Slate of
and State of Colorado, grameetsl.
•
WITNFSSETH. That the grantors). for and in consideration of the sum of
ONE (51.00) DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION .- Dollars
• the receipt and sufficiency of which is herehy acknowledged, ha S remised. released. sold and QUITCLAIMED, and by
- thew presents do e S remise. release. sell and QUITCLAIM unto the grantees,. h i s heir. successors and assigns.
finevelt all the right. title, interest. claim and demand which the grantee)+) ha S in and to the real property. together with
improvements. if any. situate. lying and being in the (luny of Garfield and State of
Colorado, described as follows;
The Southeast Quarter of
of the Southwest Quarter
Quarter (W1/2 SEI/4), all
6th P.M., together with a
limitation, Priorities No
' Garfield Creek, Dist. 45,
from Garfield Creek, Dist
the Northwest Quarter (5E1/4 NW1/4), Northeast Quarter
(NE1/4 SW1/4), and the West One-half of the Southeast
in Section 32, Township 6 South, Range 90 West of the
11 water rights appurtenant thereto, including without
. 170 and 172R in Bellodi No. 1 Ditch No. 112 from
and Priority No. 171 in Bellodi No. 2 Ditch No. 113
. 45, and together with all mineral rights
PROPERTY TRANSFER PURSUANT TO COURT ORDER
also known by street and number as: vacant land
assessor's schedule or parcel number
TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining. and all the estate. right. trite. intertst and claim whatsoever. of the grunions), either in law or equity.
W the only proper use. benefit and behoof of the grantees) his heirs and assigns forever,
IN WITNESS WHEREOF. The grantors ha s executed this deed on the date set forth above.
THEDA HARRIS COOK as Trustee of the
THEDA HARRIS COOK REVOCABLE TRUST
dated March 7, 1991
STATE. OF COLORADO.
County C )t, -1.J CVM
The foregoing Instrument was acknow d ed hefore me this day of C(-lQ-W-& • • 1996
J by Theda Harris Cook as Trustee of the Theda Harris Cook Revocable Trust dated
March 7, 1991, and by Theda Harris Cook as Trustee of the Thomas Chaplain Cook
Revocable Trust dated March 7, 1991
My commission expires r- y , -1 I (C� -4 • Witness mi. hand and official seal.
THEDA HARRIS COOK as Trustee of the
THOMAS CHAPLAIN C00K REVOCABLE TRUST
dated March 7, 1991
SS.
•'fin Denver. Insert "City and"/3
'
Nur., mod Address of Penes Peen.•+, `L-„ ( remelt I epl fV
498043 B-991 P-79 09/08/98 12:23P PG ! Cf 1 RFC DO
MIIDRED ALSDORF GARFIE D COUNTY CLERK AND RECXJ 2)FJ 8.00
Qt'I3'CI.AIM DEED
THIS Dt:t;ine Made this el eay or IiI.t+Ir- <6 1996 .
, t.. betwt to
`` THEDA HARRIS COOK
I, .
of the •C'rwntyor Jefferson and state or
Colorado. amnions). and
THOMAS CHAPLAIN COOK
whose legal address is
of the
Cnuntyor Garfield
WIT NI S,NF:TH. Thal the gravitons). for and in consideration of the sum of
ONE ($1.00) DOLLAR AND OTHER GOOD AND VALUARLE CONSIDERATION Dollars
the receipt and sufficiency .d which is hereby acknowledged. had remised, released, sold and QUITCLAIMEDand by
these prescros do e S remix. release. sell and QUITCLAIM unto the arantee(s), hi S heirs. sucteisors and assigns.
foresee. all the right, title.: interest. claim and demand which the grnntorts) ha S in and to'the real property. together with
improvements. if any situate. lying and being In the County nr Garfield and State of
Colorado. described as follows:
and State of Cok,tado, gtanteeil.
The Southeast Quarter of the Northwest Quarter (SE1/4 PMI/4), Northeast Quarter
of the Southwest Quarter (NE1/4 SW1/4), and the West One-half of the Southeast •
Quarter (W1/2 SE1/4), all in Section 32, Township 6 South, Range 90 West of the.
6th P.M., together with all water rights appurtenant thereto, including without
limitation, Priorities No. 170 and 172R in Bellodi No. 1 Ditch No. 112 from Gar-
field Creek, Dist. 45, and Priority No. 171 in Bellodi No. 2 Ditch No. 113 from
Garfield Creek, Dist. 45, and together with all mineral rights
PROPERTY TRANSFER PURSUANT TO COURT ORDER
also known bs street and number as: Vacant land
assessor's schedule or parcel number:
TO HAVE .AND TO HOLD the same. together with all and singulas the appurtenances and pnvikges thereunto belonging or in
anywise thereunto appertaining. and all the estate. right. title. interest and claim whatsoever. of the amnion!). either in law or equity.
to the only proper use. benefit and behoof of the grantees) h 1 S heirs and assigns forever.
IN WITNESS WHFREOF The grantorts) has executed this deed on the date set forth above.
Theda Harris Cook
STATF OF COLORADO.
County oC stkt'i Cam
The foregoing Instrument was ackn ledged before me this
by Theda Harris Conk.
Me commission expires -1 • 1 1 l 99
9f in Denver. insert "('its and'
IL._
1 Ss.
as � day of
Witness my hand and official seal.
1996 •
•^'• and ...^'- ^a Pence (moan. `+eN• [Hoed tea Deimps tf 341}106.1. C. 11
11
t..
z..rti
498628 H-993 P-1 09/20/98 11:02A PG 1 OF 1 RFC
MI DRFD AL DO F GARFIELD COUNTY CLERK AND RECORDER
8.00
QUITCLAIM DF;ED
71x15 flI4TU, Made this 17TH day of SE^TEMBER to 96
hetamt THOMAS CHAPLAIN COOK AS TRUSTEE, OF THE THEA HARRIS
KOOK REVOCABLE TRUST DATED MARCH 7, 1991, AND THOMAS cilAr},A1N
'GOOK AS. TRUSTE OF THE THOMAS CHAPLAIN COOK REVOCABLE TRU T
DA,,,TFn MARCH 7, '9.910tintyof JEFFERSON and State of
Colorado. gnntortsl. and
; THOMAS CHAPLAIN COOK
whose legal address is • P.O. BOX 718, GRAND LAKE, CO 80447
of the
County of JEl FERSON and State of Colorado. granteetsl.
WI T'NESSEI H, That the grantortsl. for and in consideration of the sum of
ONE DOLLAR AND OTHER GOOD ANP VALUABLE CONSIDERATION Dollars
the receipt and sutficency of which is hereby acknowledged. has remised. released. sold and QUITCLAIMED, and by
these presents do es remise. release. telt and Oil ITULAIM unto the granteefat. his heirs. successor and assigns.
ioreser. all the right. title. interest. claim and demand which the grantonsi has in and to the teal, pmperty. together with
improsements. if aro. situate. Dina and hetng in the county of GARFI ELD and State of
Colorado. described as follows:
The Southeast Quarter of
of the Southwest t;.'arter
Ouartnr (W1/2SE1/4), all
5th P.M., together with a
limitation, Priorities No
Garfield Creek, Dist. 45,
from Garfield Creek, Dist
the Northwest Quarter (SE1/4NW1/4), Northeast Quarter
(NE1/4SW 1/4), and the West One—half of the Southeast
in Section 32, Township 6 South, Range 90 West of the
11 water rights appurtenant thereto including without
. 170 and 172R in Bellodi No. 1 Ditch No. 112 from
and Priority No. 171 in Bellodi No. 2 Ditch No. 113
. 45, and together with all mirwral rights
PROPERTY TRANSFER PURSUANT TO COURT ')RDER
also known by street and number as:
assessor's schedule or parol number.
TO HAVE AND TO HOLD the same, together with all and singuls. the appurtenances and privilege thereumo belongint or in
anywise thereunto appertaining, and all the estate, right. tine, intent and claim whatsoever, of the grantortsl, either in law or equity.
to the only proper use. benefit and hehoofu of the granteets) his hens and assigns forever.
IN WITNESS WHEREOF, The grantortsl has executed this deed on the date set forth above.
THOMAS CHAPLAICOOK AS TRUSTEE OF THE THOMAS CHAPLAIN COOK AS TRUSTEE OF THE
THOMAS CHAPLIA.N COOK REVOCA$?,E TRUST TttrDA HARRIS rnnlr vrvor,tglg Inn
DATED MARCP 7, 1991 DATED MARCH 7, 1991
STATE OF COLORADO.
County of ,Ad'
`—�st.
J
The foregoing instrument was aoinowledge . before me this /7/ day of . 19 96 ,
by THOMAS CHAPLAIN COOK AS TRUSTEE. OF THE THOMAS CHAPLAIN COOK REVOCABLE TRUST DAT$D
MARCH 7, 1991, AND BY THOMAS CHAPLAIN COOK AS THE TRUSTEE OF THE THEDA HARRIS'
COO;, REVOCABLE TRUST DATED MARCH 7, 1991 II.
Ma..tommisaiott awes •1 cit 1(/ l Witness my hand and official seal.
•
"'Ttin Denser. Ipse114" rnr and"
-
I
,Ira!
and AOOT„/ _••••••1f -T111144.•' '•,1 I.0 (ham -Gran 1.- a.l(Y,a.( a5,
.s;
L-. ,y,: 04/1i.Octt f.1' .
MtLeettl ,AkSa9Rf
.;
THIS DEED, made thiel seventh day of March, 1991, bMtmeerl.'
?RO C. COOK , and' TintDA El. Coot, iwhbnee addreos iso 21557
Mountsfield Drive, Gelden, County of Je1fw,rnon, state of Colorado,
Grantors, and THE DA UARRJs COOK and THOMAS CHAPLAIN COCK, Trustees
of TIn =RDA HARRIS COR REVOCAHLH TRUST Dated March 7,j991, whorls ",.
legal address is 21557 Hountsfield Drive, ,Gold+4n# County of
Jefferson, State of Colorado, Grenteea.
WITNESSRTH:
That the Grantors, for and in consideration of the num of One
Dollar and Other Cenaideratian, the receipt and sufficiency of
which is hereby acknowledged,\have remised, released, sold,:
con•reyed, and (QUIT CLAIM unto the Grantees, thetir successors in
interest and assigns, forever, all the right, title, intoreet,:
claim, and demand which the Grantors have in and to the .:sal
property, together with improvements, if any; situate, lying, and
being in the County of Garfield, State of Colorado, described as
follor s:
An undivided one-fourth interest in and to the following
described real property, to -wit:
The Southeast 1/4 of the Nortnwrat 1/4, the Northeast 1/4
of the Southwest 1/4, and the ?lest 1/2 of the Southeast
1/4, all in Section 32, Township 6 South, Range 90 West
of the 6th P.M.
TOGETmER WITH Priority Nos. 170 and 172R in Bellodi No
1 Ditch No. 112 from Garfield Creek, District 45 and
Priority No. 171 in Bellodi No. 2 Ditch No. 113 from
Garfield Creek, District 45.
also known as the Terrell Cook Ranch, Garfield County, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular';
the appurtenances end privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the Grantors, either in .irw or, equity, to,
the only proper use, benefit and behoof; of the Grantees,• their'
successors in interest and assigns forever.
IN WITNESS WHEREOF, the Grantors have executed this deed on
the date set forth above.
THOMAS C • COOK
STATS OF COLORADO
CITY AND COUNTY OF DENVER
THSDA R. COOK
foregoing instrument was acknowledged before me this
. s venth:day of March, 1991, by THOMAS C. COOK and THEDA H. COOK.
i)vl e‘' -
{ .•; My comMission expires ���.y_ J� : 8 /4 oe
ti
Notary Pubis
410 Unlvtrsaty Blvd, Suite 805
r'' - ^lorado 80206
OICLOW:0 Ylib
MILDRED ALSODefl t0U!4 Ct f 4t;"
an
THIS DEED, made thin seventh day , of March, • 1991; betty en
A S C. COOK -and TneDA H. COO, 'whose ` adci.rems is 21557T''
"i4ountsfield Drive, Golden, County of Jeff�srson, State of Colorado,
Grantors, and THOAAS CHAPLAIN COOK ,and TTtlt A HARRIFt ['()(}R, Trnstees ,
of TEE THOMAS CHAPLAIN COOE ENVOC DLE TRuNT Datod etaroh 74 19914'
whose lecla1 Address in 21557 Mountsfie1d Drive, Gclden, County Or
Jefferson, State of Colorado, Grantees.
WITNESSETTt t
That the Grantors, for and in eonrideration of the sum of One
Dollar and Other Consideration, the receipt and sufficiency of
which is hereby acknowledged, have remised, r•leesed, sold,
conveyed, and r•,:IT C7.AIM unto the Grantees, their successors in
interest and assigns, forever, all the right, title, interest,
claim, and demand which the Grantors have in and to the real
property, together with improvements, i`f any, situate, lying, and
being in the County of Garfield, State of Colorado, described as
follows:
An undivided one-fourth interest in and to the following
described real property, to -nit:
The Southeast 1/4 of the Northwest 1/4, the Northeast 1/4
of the Southwest 1/4, and the West 1/2 of the Southeast
1/4, all in Section 32, Township 6 South, Range 90 West
of the 6th F.M.
TOGETHER WITH Priority Nos. 170 and 172R in rlellodi No.
1 Ditch No. 112 from Garfield Creek, District 45 and
Priority No. 171 in Bellodi No. 2 Ditch No. 113 from
Garfield Creek, District 45.
also known as the Terrell Cook Ranch, Garfield County, Colorado.
TO HAVE AND TO HOLD the name, together with all and singular
the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the Grantors, either in law or equity, to
the only proper use, benefit and behoof of the Grantees, their
successors in interest and assigns forever.
rN WITNESS WHEREOF, the Grantors have executed this deed on
the date set forth above.
� 2
THOMAS C. COOK TEED& H. COOK
STATE OF COLORADO
CITY AND COUNTY OF DENVER
.The` -foregoing instrument was acknowledged
aevzenth••,day of March, 1991, by THOMAS C. COOK and
=-' My Commission expires
•
r.
before me this
:ENDA H. COOK. '
Notary Public'
210 University Blvd.. 5a; ,. 'Og
Denver, Catered* 002t`
•
r,
tte
COLORADO DIVISION OF WR RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
NEW 35 + ACRE RESIDENTIAL
Review instructions prior to completing form
Water Well Permit Application
Must be completed in black ink or typed
1. APPLICANT INFORMATION
6. USE OF WELL (check appropriate entry or entries)
Name of applicant ,A.
/ f'�C��,,vi, S l7 (�'ir'
Ordinary household purposes in up to 3
single-family dwellings, the watering of
domestic animals, and the irrigation of not more
than one (1) acre of home gardens and (awns
■ B. Livestock watering (on farm/ranch/range/pasture)
Mailing Address
fir)-.))/ / 9
C'
�,,o/ ,/ r)
State
(6
Zip code
J4. -) o
Telephone Number (include area code
O, — 1/y - /3 "3l 6
7. WELL DATA
MAXIMUM PRODUCTION RATE OF THE WELL
SHALL NOT EXCEED 15 GPM
2. TYPE OF APPLICATION
CONSTRUCT A NEW WELL ON A TRACT OF
LAND OF 35 ACRES OR MORE
8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
'Septic tank / absorption leach field
• Central system
Distinct name:
3. REFER TO (if applicable): v)(PiY Orr,/}7' /1--
• Vault
Location sewage to be hauled to:
Monitoring hole acknowledgment t / �7 ,`_ 3
MH- 7 / CU
• Other (arach coov of engineering design)
4. LOCATION OF WELL
County
�Ct-1/ j'2 Cl
Quarter/quarter
[�' 1 /4
Quarter
/ d 1 /4
9. PROPOSED WELL DRILLER (optional)
Name
_./lr\e2)V7 r JIf v/ (c)
Lapp cl-ccant(s)
License number
Section -
3
Township N or S
�� ❑ 0
Range E or W
f) 0 (4
Principal Meridian
C to •
10. SIGNATURE of or authorized agent
Distance of well from section lines
/'j /5-1,) ft. from N • S z27'-1" CJ o ft. from • E M w
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 244-104(13)(a). I have read
the statements herein, know the contents thereof and state
that they are true to my knowledge.
Well location address, if different from applicant address (if applicable)
5. TRACT ON WHICH WELL WILL BE LOCATED
Must be origm:i signature
A.
ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT
G"
---e-'-(_'D. CL/e'er//Yl,:1l
• Development
Name
Trtre
Date
Office Use Only
DWR Map No.
Lot no. Unit #
DIV
• Other
CO
S. STATE PARCEL CI ,z /
ID# (optional): '1Y 3 , 3, 1 7 0l L1 / ,...74../
WD
C. # acres in tract
4(_,) nClii•.5 t
BA
D.
THIS WILL BE THE ONLY WELL ON THIS TRACT
USE MD
ive-
Form GWS -50 (12/95)
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DMS OF WATER RESOURCES
818 Centennial Bldg., 13131111,man St., Denver, Colorado 80203
(303) 866-3581
THOMAS C COOK
P 0 BOX 392
GOLDEN CO 80402
( 303) 985-8705
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMfT NUMBER 1.767Ga -
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
-SE 1/4 ,,NW 1/4 Section 32
Twp 6 S RANGE 90 W 6th P.M.
DISTANCES FROM SECTION LINES
1550 Ft. from North Section Line
2400 Ft. from West 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.
2) 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.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the
E 1/2 of the SE 1/4 of the NW 1/4 and the E 1/2 of the NE 1/4 of the SW 1/4, all in Sec. 32, Twp. 6 South, Rng.
90 West of the 6th P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3)
single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of
domestic animals.
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 specified on this permit.
O1\J S N CO ,'1 "
APPROVED
JD2
-7
State Engineer
Receipt No. 0366416A
DATE ISSUED MRj 4 1994
Ma.
0y
EXPIRATION DATE MAR 4 ingt'
REPORT DATE 11/04/96
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
CD DATE CD DATE
100300 5 23 SWANSON DELMAR V
NP 07/10/78 RC 05/21/86
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
2834 GLEN AVE GLENW00D SPRGS, CO 81601
45 D 1.00 GW
141405 5 23 LONG BERNARD R & MARTHA L 7700 312 RD
NP 08/28/85 CA 02/24/93 45
168645 5 23 LONG BERNARD & MARTHA
NP 01/13/93 AR 02/12/93 45
99868 A 5 23 BROMLEY K.C.
NP 06/22/78 RC
99868 5 23 BROMLEY KIRBY C.
101871 5 23 FAAS FAYE B
NEW CASTLE, CO 81647
D GW
7700 312 ROAD NEW CASTLE, CO 81647
D
GLENWD SPGS, CO 81601
45 D 10/23/87
1308 129TH ROAD, #4 GLENWD SPGS, CO 81601
45 D 10/10/78 1.00
214 8TH STREET GLENWOOD SPS, CO 81601
GW
NP 008/29/78 OC 08/29/96 45 D 10/14/78
90492VE 5 23 LASHLEY LINDA
AV 10/12/90
158787 5 23 LASHLEY LINDA
NP 10/26/90
176763 5 23 COOK
NP 03/07/94
176764 5 23 COOK
NP 03/07/94
176765 5 23 COOK
NP 03/07/94
176766 5 23 COOK
NP 03/07/94
Nov 4, 1996
1.00 GW
7225 CO RD 312 NEW CASTLE, CO 00000
45 DS
P 0 BOX 512 KERRVILLE, TX 78029
45 D 12/31/60 1.50
THOMAS C P 0 BOX 392 GOLDEN, CO 80402
45 D
THOMAS C P 0 BOX 392 GOLDEN, CO 80402
45 D
THOMAS C P 0 BOX 392 GOLDEN, CO 80402
45 D
THOMAS C P 0 BOX 392 GOLDEN, CO 80402
45 D
GW
GW
GW
GW
GW
GW
25.00 115 15 0400N,2320E NWNE 32 6 S 90 W S
2350N,2400E SWNE 32 6 S 90 W S
15.00 20 8 2540N,2400E SWNE 32 6 S 90 W S
NENW 32 6 S 90 W S
15.00 160 55 0950N,1400W NENW 32 6 S 90 W S
5.00 255 20 0480N,2240W NENW 32 6 S 90 W S
43005,5250E NWNW 32 6 S 90 W S
15.00 77 43005,5250E NWNW 32 6 S 90 W S
1550N,2400W SENW 32 6 S 90 W S
2000N,1800W SENW 32 6 S 90 W S
18505,2200E NWSE 32 6 S 90 W S
04755,1650E SWSE 32 6 S 90 W S
ATTN: BETH COOK
13842 WEST MONTANA AVE
LAKEWOOD CO 80228
Phone: (303) 988-9433
In response to your phone request this afternoon, this is the printout for all the wells
in our database for Section 32. You requested those in the SE4 NW% NE% SW% Wi SE4 of
Section 32, Township 5 South, Range 90 West, 6th P.M., for purposes of your exemption
application process.
If you need further information, please let me know @ 945-5665.
Pursuant to 37-87-110(h) of the Colorado Revised Statutes, I am required to charge you
50 cents for this printout. Thanks.
Nancy Hitch,'ock,
Division 5 Water
Admin. Assistant
Resources
1
Board
Ross Talbott - Chairman
Joe Montover
Norm Brown
Tom Voight
Gordon Witzke
Burning Mountains
Fire Protection District
Box236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chief
November 7, 1996
SUBJECT; EXEMPTION
TO WHOM it MAY CONCERN:
This is to in form you that the property owned by Thomas C. Cook on 312 ; T6S , R90W;
Section 32 the SE -1/4 NW 1/4 , NE 1/4 SW 1/4, W '/2 SE 1/4 Garfield County, Colorado is
within the Burning Mountains Fire Protection District and we do provide fire protection to same.
It should be noted at this time that the distance from the fire station will cause some delay in
response time.
Thank You:
Donald L. Zordel/Chief
Burning Mountains FPD