HomeMy WebLinkAbout1.0Application_.. ......... __________ ~_ • •
BEFORE THE BOARD OF COUNlY COMMISSIONERS OF If~ Ce1.-,.
J.4;y /! VJt./) GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION 8(;~1?/:";12( l l!J!JJ
-c..u;,yG D Co &p~Nry
Pw-suantto C.R.S . (1973) Section 30-28-IOI(IO)(a)-(d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted Apri123, 1984. the
undersigned can J ter ' s Pocket L :~ L .c . respectfully petitions the Board of
County Commissioners of Garfield County, Colorado, to exempt by Resolution the
division of 7 0 acre tract of land into four tracts
of approximately 1 7 • 5 acres each, more or less, from the
definitions of"subdivision" and "subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (lO)(a)-(d) and the Garfield County Subdivision
Regulations for the reasons stated below:
TO CREATE SMALLER MORE AFFORDABLE TRACTS FOR THE AVERAGE
1\1/!vQ
BUYER. METHOD OF SEWAGE DISPOSAL WILL BE SEPTIC/LEACH FIELD
SUBMITTAL REQUIREMENTS:
An application, which satisfied the review criteria , must be submitted with the following
information:
A. Sketch map at a minimwn scale of I "=200' showing the legal description of
the property, dimension and area of all lots or separate interests to be created,
access to a public right-of-way, and any proposed easements for drainage,
irrigation, access or utilities; and
B. Vicinity map at a minimum scale of I "=2000' showing the general
topographic and geographic relation of the proposed exemption to the
surrounding area within two (2) miles, for which a copy ofU.S.G.S.
quadrangle map may be used; and
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner( s) if other than the applicant; and
D. Names and addresses of owners of record ofland immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of
mineral owners of record of the property to be exempted, and tenants of any
structure proposed for conversion; and
E. Evidence of soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
-G. ]f connection to a community or municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
1
-· . • •
I. It shall be demonstrated that the parcel existed as described on January 1,
1973 or the parcel as it exists presently is one of not more than three parcels
created from a larger parcel, as it existed on January 1, 1973.
v
J. A $300.00 fee must be submitted with the application.
EXEMPTION
APPLICABILITY
Coulter's
Mary An Bosely,
6509 y 6 __ and _24
Mailing Address
Parachute, CO 81635
City State
(970) 285 7990
Telephone Number
The Board of County Commissioners has the discretionary power to exempt a division of
land from the definition of subdivision and; thereby, from the procedure in these
Regulations, provided the Board of County Commissioners determines that such
exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor
be detrimental to the general public welfare. The Board bas determined that leases,
easements and other similar interests in Garfield County owned property, land for oil and
gas facilities, and an accessory dwelling unit or two family dwelling that are subject to
leasehold interest only and complying with the requirements of the Garfield County
Zoning Resolution, are exempt from these regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be
created from any parcel, as that parcel was described in the records of the Garfield
County Clerk and Recorder's Office on January 1, 1973. In order to qualify for
exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or
greater in size at the time and 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 pubiic right-of-way, such parcels thereby
created may, at the discretion of the Board, not be considered to have been created
by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable. For the purposes of definition, all tracts of land
35 acres or greater in size, created ~fter Janwuy 1, I 973 will count as parcels of
land created by exemption since January 1, 1973.
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COLORADO DMSION CF WATER RCES Oftice Use Only • Form GWS-44 (1fl001)
DEPARTllENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 811. DENVER, CO 80203
phone-Info: (303) 866-3587 main: (303) fMB.3581
fax: 886-3589. 1111ww • ..-.s1a1a.co.us
RESIDENTIAL Nale:Also melhlabm11>_.irrar lwstDdr.....mg
Water Well Pennit Application
Review IMtrucllans .............. pdarlD~fann.
The form must be completed In black Ink.
6. Use Of Well (check icable boxes
See inslluctians to detllli .... use(s) for Wlllich you may qualify
'-='~~.A.-::...L!!~..L-"=~...&-~-=--~--------1 D A. ClnlnarY houseldl use in one single.famiy ~ (no cdside use)
a-,,;;~~-L---"..=;;_,._::.......:::_.;:..:;:...;;;~=.:.-;..~=--------1 ~ B. ~~use In 1•3 ailUe-fanily dwelings:
Nlmber'ofdwelings: _ _,,,~~---
11 Home garderWlawn irrigation, not to exceed one acre:
area lnigaBI / .. 0 0 sq. ft. &acre
.........
5. Parcel On Which Wen Wll Be Localad
A. You must c:heck mld complete one of Iha following:
11 Domesllc anma1 Wa1ierin!1 -(non-commerdal}
a c. Uvestocll:walering(on~)
7. Well Dala (proposed)
feel
8. Waler Supplier
la Ibis parcel willW'I bowmias of a water senice area?
•yes. pnMde ..... of suppler:
9. type Of Sewage System
DWRmapno.
NO
a &mcMs1on:Name ______________ 1------......-::~-=--=---'-~----'------1
Lot Block FllingllN____ Receipl818a anly
a County emmption {allach copy of c:omty approval & aurwy):
Namell Lotti-__ _
a Parcel lass than 35 acres. not in a 9UbdNlsion, allach a deed wilt meeas
and boundsdesaiptio11racordecl priorto.June 1, 1972
0 Mining daim (alladlaa..,d .. -..ar-...): Namell ___________ ~
0 Sqlae 40 aae parcel as deSclibed In Item 4
• Parcel of35 or more acres ~a--llldlllulllsdlsalplanar.....,,
0 Oll8f(ll8m:hlllllllla&lloulldsd1111:1•unun1.,..,.......,~) WE
~Bft.~l~d-acns--=-~-.. -Oill-=--i/L,~---,---~i~C..,...-Ml-yaa-.. -__.-d-llis-s-Oi117------1WR
J.;,J 1.llYES 0 NO(lfm--"'*'dalw} ~-::::-:-:-::--:---:.=:=-=-----.ir-:...........---.:_ ___ _..:. __ -lcwca
D. VM llllsbe .. mlJWlllonllis pmaa NO(lf no-lslallmr-"'t
10PO f-::----------------------l E. Slate Pana n»(apliarml): MYlAR
S85 DIV __ WO __ 8" __ MD_•_
( ' • •
Legal description of property:
Applicant owns the east thirty acres of the SW~SW~ and SE~SW~ all in Section 9, Township 7
So., Range 95 West of the ()1h P.M .. The application is for a well on the westerly 35 acres.
Form No.
_ GWS.25
OFFICE OF ,I STATE ENGINEER •
COLORADO DMSION OF WATER RESOURCES
818 c.tlmlll 8-. 131s SNrmmn a. o.m.r. Cabma mm " (30.1)~
APPLICANT [
DAVID A & MARYLYN D PICKLER
2804 SAKLAN DR.16
. WALNUT CK., CA 94595-
(925) 93M055
APPROVED \NB I LOCATION
GARFIB.O COUNTY
SW 1/4 SW 1/4 Section 9
Township 7 s Range es w Sixth P.M .
DISTANCE$ FROM SECTION LINES
800 Ft. from SOUth Section Line
800 A. from West Sec:tion Une
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CQNmnQNS OF APPROVAL.
1) Thll wel shal be ueed in IUCh a.,,., •to calte no mateMl Injury tD 8ldilng waler rlghlll. The ill8uance of thil pennit
doea not_,,..11Ht ~thtt no injury will occur to analh•v..a.d walw right or IQdude enoGler owner of• wsted
war right from eeemg relef 1n a civi court&ton.
2) The conatndon of thil wel shill be in complance wilh the Water Wei CoMlruallDn Rull!ll 2 CCR 402-2, unlms approval
of a YWimce t. been plled by the Stlde Bon of Examitera Of WM Wei Conslruclion and Pump 11..alation
Connctora In eccontance wilh Rule 18.
LIC
3) Approved punlUant to CRS 37-82-602(3)(b)(U)(A) a tha ontf wall on •tract tJI land of 35 acre& d99cribed a the portion of
the SW 114. SW 114, Sec. 8, Twp. 1 South. Rng. 95 Weat. 611 P .M., GalWd County, rtlOl8 pMlcUllrfy de9eribed on the
atblched e&bibit A
4)) The U&e of ground wartrom tNs wel is lmillld to fi191Mol8dion , Oldnary houMtlold purpaeea inside not more than
three (3) ~ famly «•-...the~ Gf poulliy, dumeetic mimela and li\elltadc: on •farm or ranch mtd the
inigldion Of not more than one (1) acre of home gardens and lawns.
5) The rnmdmum pumping ra of thit wtl Shal net erceecs 15 GPM.
B) The ratum tow from 1h• UM tJlthis we1 mmtbe duuugh m inchidu,. waete waeer dilpalll sy11e1n cl the
notHMIPOl'dle type Wbete the Willer is retumtld1D th• ume ttrean s)'Mem tn WhlCh lie well 15 IOcaled.
7) Thia well lhal be oonstru~ not mor.1hln 200 flll!l from lhe IDcllliDn ll-.ifi9d on this s-mit.
NOTE: 9cplr9d permit 184844, w.a pnNioUlllylaauedfDrlhiaklt .#-~ ~
NOTE; P.wl klwlllllclillon Number (PIN): 23-2'07-093-()0.020
NOTE: Ass11aor Tax SChedl* Number: 270088 (tlolllng 92. 12 acres) ? //YA° f7t? e>
APPROVED
OMW
. No. 95
l
• COLORADO DMSION OF WATER ES Office Use Only I Fonn GWS-44 (112001)
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone -info: (303) 866-3587 main: (303) 866-3581
fax : (3()3} 866-3589 httn·IJwww.-liar".slale.CO.US
RESIDENTIAL Note: Also use this bm to apply for HftSIDck walering
Water Well Pennit Application
Review instructions on reverse side prior to completing fonn.
The form must be completed In black ink.
1. APPiicant lnfonnation 6. Use Of Well (check applicable boxes)
~~.5 Poe Ket-LJ-t. See instructions to determine use(s) for which you may qualify
a A. Ordinary household use in one single-family dwelling
~acttess /.lwv. l.P (t,J J..L/ (no oUtside use)
{,5'oq p( B . Ordinary household use in 1 to 3 single-family dwellings:
l'arachvfe.,' lee . Zlpcode Number of dwellings: ..3
: f3/ ln3.&1' Iii Home garden/lawn irrigation. not to exceed one aae: T~# :{¥)'. #. ( q'f() ) ~ -)..[) :2 area irrigated /. 0 a sq. ft. Ill acre
2. Type Of Application (check applicable boxes) 8. Domestic animal watering -(non-ccmmerclal)
B Construct new we11 0Use existing well 0 C . Livestock watering (oo farmfranch/range/pasture)
0 Replace existing well a Change or increase use
0 Change source (aquifer) ~tlon (expired permit) 7. Well Data (proposed)
OOlher: Maxirnlln~rala 15: Alftllll amount lo be wilhlhwn
3. Refer To (if applicable) nrvn acre-feet
Tolaldaplh Aquifer
Wei permljt :J. $( tJ s-J/ Waear Court C8S9 # feet
8. Water Supplier
Des9Wlld Basin . ' lMll rmme cr# Is this parcel within boundaries of a water service area? a YES B NO
If yes, provide name of supplier:
4. Location Of Proposed Well 9 . Type Of Sewage System
eou.-y. rlt 1 5.£. rnn , ,.,, 1/4of ... s.w 114 iii Septic lank I absorption leach field I
Sedion q Tram a<-a.is I p,5?:.fh 0 Central system: District name:
0 VauR: Location sewage to be hauled to: Oi slln:e of wal from secian his(-. his are l}'pically not pqierty Ines)
'1tJO FtmmO NGIS ;J./)()0 Rtrom0 Ep!l w 0 Other (attach copy of engineering design and report)
Fot -only-dilllaneeand -"-atl we11o-we1 10. ;--Well Driller License fiootional):
feet dinlclion 11 . Sig nature Of Applicant(s) Or Authorized .Agent Well localiDn address (ti applicable)
The making of false statemenls herein constiMes perjury in the second
Optional: GPS -1 loc:alion i11fQmatiot1 in UTM format degree, which is pinshable as a class 1 misdemeanor pursuant to C.R.S.
Reauired -...,.. for GPS unib are as follows: 24-4-104 (13)(a). I have read the statements herein, know the contents
Formal nust be UTM thereof and slate that thev are true to my knowledae.
Zone nust be13 Ncxthing
SV1 hete (autbe ......... ~> / ~,J~ Unils nuit be Mims ....... r-)
Datum must be NAD27 (CONUS) Easting ............. / ~
lllitmust be sat 1o we norlh I Print.....,&lile~ ~ Went P*tlS-.aged?o YES a NO
5. Parcel On Which Well Will Be Located Office Use On'Jy--> '-'I -
A .You must check and complete one of the following : USGSmapnmne DWRmapno. I &lrfaateleY.
a Subdivision: Name
Lot Block Filing/Unit Receipt area only
a County exemption (attach copy of county approval & survey):
Name/# Lot#
a Parcel less than 35 aaes. not in a subdivision, atlach a deed with metes
and bounds desaiption recorded prior to June 1 , 1972 i 0 Mining daim (allach a copy at 118 clalld or anay):
Name/# I ·a Square 40 aae parcel as described in Item 4 I II Parcel of 35 or more acres (allach a metes in1 bounds da9cdlJllon er suner>
0 Other (BlllM:h me1es & llOi.ndB dasa1Jtion "'llUMIY ..i ~ ......,_> WE
B. #cf acres in i-:e: 'J s-' C . Areyou ... OMWcftllspmcel? WR
l JI YES 0 NO (I ro--lnsWctions) CWC8
0 . Wiltisbe ... only .... ontispara!I? ll YES Q NO(ifno-list alherwels)
TOPO
E. ~ PiRel ID#(optional): MYLAR .
585 DIV WO BA MD
• .· • OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES ..
. FonnNo.
~-GWS-25
... .
811 c.ntwlnilll llldg., 1313 ShenlWl St., Demler, Colcndo 8Cll2m
(303) 86S3581
WELL PERMIT Nua!R __ _.22i6!80l4!!12L--....:-----
L
APPLICANT' DIV.5 WD45 DES. BASIN MD
DAVID A & MARYLYN D PICKLER
2t504 SAKI.AN DR. tl8
WALNUT CK.. CA 94595-
(925) 93MOSS
APPROVED Wf! l LQCATION
GARFIB.D COUNTY
SE 1/4 SW 1/4 Sedion 9
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION LINES
800 F1. from SOUlh Section Line
2000 A. from West Section Line
ISSUANCE Of THIS PERMIT DOES NOT CONFER A WATER RIGHT
CQNDIJJONS OF APPBO\W.
1) Thi. wtl .tlal be ut.ed In 9Uch e Wfll • tD cauee no m_. injury to etmtmo water righta. The iMUance of thia permit
does not...,,. "9 applic9nt that no qurywl occur to *'Otllet Yedid walllr f9d or preclude another owns of a V8lf8d
WBl8r right hm Miking relief in a civil court don.
2) The construction of thl& w .tlll.,. In ~ce v.th the W'4.el wel COMbuction Rule& 2 CCR 402-2, ....... 8PPfOV8I
of a variance baa belll grwtled by the SIBie Board of E'mrWlerw af W-Wll Construction mMS Pump lnstalation
Connctore Jn accordance wilh Rde 18.
~) ApprCMld puNUmlt to CRS 37-92-802(3)(bKIXA> • 1he only Wiii on • trst vi land af 35 ecree deacsi)ed • thlll porliDn rl
the SE 114, BN 114, sec. 9, lWp. 7 sauth, Rng. 85 W91t, 8a'I P.M., G8ll!ld CCKlnfV, more padlCdady Gllcll>ed on 1he
dach8d tolhllit A.
4) The uee or ground water-flam tia wlll !S llrMed to tire protection, orclnwy houMhold purpoeee hlldo not snore lhan
three (3) lingle famly ctw•iua. 1lle wmilG di pcdly, dDmellic animlll llld t.wtDck on• farm or ranm end the
lnlgdon of not more1han one (1) G8 of home gardens and lawns..
5) The mmdmUm pumpng rm oftil Wll lhml natea:eed 15 GPM.
6) The ...Wm ftow from the me dthil wel mml be thraugh an ln<Mdu8I WMWmler dillpaMI __. of the
non-waporatlvetypewhere the wat.r ii rllUmld to the ume atramn .,..mm in which the Wll is locidlld.
7) Thill wall lihal be COMtruct.d not mare thM 200 feet flam the lomllon spec:ihd on 1hlll pennll
NOTE: Elqired pemit 184M8, wm prWoult/ illuedbthla lot JI!-·?"--~
NOTE: PM'Cel ldenlilcalion Number (PIN): 23-2.t07.Q93.00.020
NOTE:
APPROVED
OMW
A. 11•or T• Schedl.M Number: 270088 (82.12 ac:Na)
SEP 142111J
'· "
ft'
RIFLE AREA, COLORADO •
harvesting. The low aYailable water capacity affGcts sur.
vival of seedlings_
Mule deer, snowshoe hare, and some blue grouse find
habitat on this soil.
Community development is severely limited by shallow
depth to bedrock and very steep slopes.
This soil is in capability subclass VIie, nonirrigated.
~lrlgul·Starman channery loams, 5 to 50 per·
cent slopes. This complex is on ridge crests and moun-
tainsides. Elevation ranges from 7.800 to 9,000 feel The
soils formed in residuum from sandstone and marlstone.
The average annual precipitation is about 20 inches, the
average annual air temperature is about 40 degrees F,
and the average frost-free period is less than 75 days.
The lrigul soil makes up about 55 percent of the unit,
and the Starman soil makes up about 30 percent. The
lrigul soil is on mountainsides and the less windswept
parts of the landscape, and the Starman soil is on ridge
crests.
The lrigul soil is shallow and well drained. Typically,
the surface layer is grayish brown channery loam about
6 inches thick. The underlying material is yellowish
brown extremely channery sandy clay loam about 11
inches thick. Hard, fractured sandstone is at a depth or
17 inches.
Permeability of the lrigul soil is moderate, and availa-
ble water capacity is very low. Effective rooting depth is
10 to 20 inches. Surface runoff is medium, and the
erosion hazard is slight
The Starman soil is shallow and well drained. Typical-
ly, the surf ace layer is brown, calcareous channcry loam
about 3 inches thick. The underlying material is very pale
brown, strongly calcareous extremely channery loam.
Bedrock is at a depth of 13 inches.
Permeability of the Starman soil is moderate and
available water capacity is very low. Etf ective r~oting
depth is about 1 O to 20 Inches. Surface runoff is
medium, and the erosion hazard is slight.
Included with these soils in mapping are small areas of
Parachute soils in small depressions. These areas make
"P about 5 to 15 percent of the map unit.
... T~ese soils are used mainly for limited grazing and
Wildlife habitat
The native vegetation on the lrigul soil is mainly
'.· 'Wheatgrass, bluegrass, mountainmahogany, and service-
'": .. ~· The native vegetation on the Starman soil is
, ~nly wheatgrass, penstemon, goldenweed, and buck-
....... !Vat
-.. W~en range condition dateriorates, forbs and low
'· ~ shru~s increase. Properly managing grazing
: tams and improves range condition.
··Mule deer, wild horses, snowshoe hare. and blue
,. e find habitat on these soils.
..... ~unity development .is limited by steep slopes
'"'IQllow depth to rock.
an 1rn · ..J
• 25
This complex is in capability subcl~.ss Vile, nonirrigat-
ed.
39-Jerry loam, 12 to 50 p~rc;cnt ~lopes. lliis d1;!ep,
well drained, strongly sloping to stcup soil i.3 on moun-
tainsides. Elevation range.s from 7,000 lo 9,GOO !~et. Trfrs
soil formed in alluvium derived from sand::;tom:~. sh:J.!~.
and basalt. The aver3ge annual pr~cipil<ition is c:1bout 20
inches. the average annual (.Jir temperature is ab,)ut 41
degrees F, and tho average frost.free pGriod is less tl1:<n
75 days.
Typically, the surfnce layer i~ dark grayish i:ltown lo<~rn
about 3 inches thick. The sub~oil i'3 ycHowi~h brown and
light brown cobbly clay loam about 37 incho;; !hie~. 11-i'='
substratum is light brown cobbly c!:-)y to a c.l.:-pth of 60
inches.
Included with this soil in m~pping me sin,=i!I arn'.\~; of
Tanna and Dollard soils at lower elev8t!on:;. ·rhese o.r.2r,s
make up 5 to 10 percent of the map unit.
Permeability is slow, and available 'HG!t1~r capacity i~
high. Effective rooting depth is 60 inchc::. or 111<;,re. Svr·
face runoff is slow, and the erosion h:-l<:md i.s moder<ile.
T~is soil is used mainly for limited grezing ::m<l wi!dlifl:'l
habitat.
The native vegetation on thls soil is rn?:inly Garno!?!
oak, bromes, and elk sedge.
When range is in poor con<lition. Kentuc~;y b!uegr.:i:;s,
undesirable weeds, and annual pl<'l.nts am num0rou·s.
Properly managing grazing malntalns and improves
range condition.
Mule deer, elk, blue grouse, gri.iy squirrel, an~ wild
turkey find habitat on these so:I::;.
Community development is litnit<:id by !1igh shrink-~.w~•I
potential, stee:p slopes, and low strength. Building ~ilc:3
and roads need good drainc:1gc. 1 hi::> ~'oil sh1rnps when
saturated or if cut deep.
This soil is in capability subdG.ss Vllo, nonirrig~ttC-d.
40-Kim loam, 3 to 6 percent slopt'!:''-This d00p,
well drained. gently to sloping soil is on anuvlal fan;; anti
benches. Elevation ranges froin 5.000 to 6,000 feet Th is
soil formed in alluvium deri\/cd from sha!,3 Mu ~.~i,nd
stone. The average annual precipits.1lon is abo(it 12.
inches, the average annual 3ir tE:mperat•Jrn is about 4G
degrees F, and the average fro:;:,t-frcc period is ebout
125 days.
Typically, the surface layer is yellowish bmwn or light
yellowish brown loam about 17 inches thick. Th9 \tnrJcr-
lying material is light brownish gr.:iy lo:am to ~ depth of
60 inches. ln places the undorlylng matsri.:011 is str::i~ificd
with fine sandy loam.
Included with this soil in mr:ipi:-ing are small arc :1::i of
Arvada and Olney soils that hJv,3 slopes of 3 to G per~
cont. These areas make up 5 to 15 percsnt or the fi1i'\P
unit.
. P~rmeabmty is moderate. and :.:rvai!able wat~r capac;ty
1s high. Effective rooting dE::pth is 60 inci1cs or rnore.
2 • RIFLE AREA, COLORADO
The nativG vegetation 9n this soi l, because it faces
north and cast, is mainly Gambel oak, serviceberry,
snowberry, and elk. sedge.
When range condition · d€teriorates, shrubs increase.
Properly managing grazing maintains and improves
range condition.
Elk, mule deer, coyote, and grouse find habitat on this
soil.
Use of this soil for community development and as a
source of construction material Is limited by depth to
rock and stE:?ep slopes.
This soil is in capability subclass VIie. nonirrigated.
@-Parachute-Rhone loams, S to 30 percent
slopes;-These gently sloping to steep soils are on ridge
crests and mountainsides. Elevation ranges from 7 ,600
to 8,600 feet. The Parachute soil formed in residuum
from sandstone or marlstone, and the Rhone soil formed
in residuum from hard, fine-grained sandstone . The aver-
age annual precipitation is about 20 inches. the average
annual air temperature is about 40 degrees F, and the
frost·free period is less than 75 days.
The Parachute soil makes up about 55 percent of the
map unit, the Rhone soil makes up about 30 percent,
and soils of minor extent make up 15 percent. The
Parachute soil is mostly on ridge crests, and the Rhone
.. , soil is in gently sloping to moderately sloping areas on
mountainsides.
The Parachute soil is moderately deep and well
drained. Typically, the surface layer is grayish brown
loam about 5 inches thick. The upper part of the subsoil
is very dark grayish brown and brown loam about 13
rches thick. and the lower part is light yellowish brown
extremely channery loam about 11 inches thick. Hard.
,· •!' ~ctured sandstone is at a depth of 29 inches (fig. 9}.
;.,. ." Permeability of the Parachute soil is moderate, and
~i .> · ~lable water capacity is low. Effective rooting depth is
· ·~ .~ 21> to 40 inches. Surface runoff is medium, and the
_-~\ 1el'osion hazard is moderate.
'. · ~':The Rhone soil is deep and well drained. Typically, thEl
part of the surface layer is brown loam about 8
thick, and the lower part is brown sandy clay
about 20 inches thick. The underlying material is
very channcry sandy clay loam about 24 inches
Fractured sandstone is at a depth of 52 inches.
eability of the Rhone soil is moderate, and availa-
Water capacity is moderate to high. Effective rooting
Is 40 to 60 inches. Surface runoff is slow, and the
haiard is slight.
•; c~ with theso soils in mapping are areas of lrigul
· ~ ridgo crests. These areas make up about 10
· of the map unit
SOils are used mainly for grazing and wildlife
:tive vegetation on these soils is mainly needle-
, sedge, and sagebrush.
·------····
81
When range condition deterioral~. forbs c·•id shrt.;~~
increase. Properly managing grazing rn<3intains ~,rid im-
proves range condition. Seeding improve'..> ra1190 in poor
condition where slope is less th.:\n 15 pcrc~nt 1r.t~rmo1~i
ate wheatgrass. slender wheatgr~ss, <'\rtd moun1.ain and
smooth brome are suitable ror sciJ.ding. Prep~ring a
seedbed and drilling the seed are good µracl~C<:::S. rh!·
ducing brush on slopes of less than 15 percent improv<:•<}
deteriorated range, but removing bru;,11 may dam~.go
deer habitat.
Many deer and some snowshoe haro and bluo grouse
find habitat on these soils.
Use or this soil ror community d·~vdcpment or a$ a
source of construction materittl is limited by d~pth t0
rock and steep slopes.
1·his complex is in capability sulJcfaf.s Vie, WJI 1irrigatod.
54-Potts loam, 1 to 3 perce-nt sfop~s. Tt1is 1.k-:::p,
well drained soil is on mesas, benches, c:\nd sid~s of
valleys. Elevation ranges from 5,000 to l,OOCJ rcr.:t. "!"his
soil formed in alluvium de;ivcd fmm sand$!Oil·::i, shvJ1), or
basalt. The average annual prccipit;:ition i~ about 14
inches, the average anm1al alr tempcrJture ls &bout 46
degrees F. and tho average frost·free period is c-,bout
120 days.
Typically, the surface layer i:.:> brown loam abolll 4
inches thick. The subsoil is reddi.;l 1 brown clay lo'.lm
about 24 inches thick. The substr?.tum is p:11kish wi~ite
loam to a depth of 60 inches.
Included with this soil in mapping t'lrn smull areas of
O l ney, Kim, and Ildefonso soils that 11<W0 slopa3 of 1 to
3 percent. Thesa areas make up 10 to 15 porcont of tJ·,o
map unit.
Permeability is moderate, and av<lila~Jle water ec.p~cily
is high. Effective rooting dcpt11 is 60 inr;1'0s Cir m•::.ire.
Sur1ace runoff is slow, and the erosion tiaz:::rd is sligilt.
This soil is used mainly for irrigat(.?ci crcps rmd hay ar;d
for dryland farming, Alfalfa, small grnins, ;;.nd grr.1$S·
legume hay arc grown.
This soil is usually irrigatEJd by flooding. Drop Sliuc-
tures in irrigation ditchos, grass-sd waterways, nnd mini-
mum tillage control erosion. lrrig1.:1,tion wat0r shoukJ bs
carefully managed to avoid piping. Cover crops or stub-
ble mulcl1ing also holp to limit erosion loi.;s,:;s in dry-
farmed ar€las.
The native vegetation on this soil i~ rn3inly wh•::at-
grass, necd!eandthread, and sagcbrusl1.
Pheasant, mourning dove, cottontail rabbit, ~omc mul .~
deer, and SQuirrel find habitat on lhis soil.
Community development and recrct!llon aro limited by
low strength and shrink-swell pot•:nliol. Dwc!ilngs ancJ
roads can be designed to comp•.:.!r.salc for these li111!ta-
lions. Community sewage systems will be rH')Oded if tl1c
population density increases.
This soil is in capability su'oclasscs Ille. irrigated, and
Ille, nonirrigated.
---------1·t------~1,____-
RIFLE AREA. COLORADO
This soil is in capability subclass Vie, nonirrigated.
61-Rhone loam, 30 to 70 percent slopes. This
deep, well drained, hilly to very steep soil is on north-
and east-facing mountainsides and ridges. Elevation
ranges from 7,600 to 8,600 feet. This soil formed in
residuum from sandstone and marlstone. The average
annual precipitation is about 20 inches, the average
annual air temperature is about 40 degrees F, and the
average frost-free period is less than 75 days.
Typically, the upper part of the surface layer is brown
loam about 8 inches thick, and the lower part is brown
sandy clay loam about 20 inches thick. The underlying
material is brown extremely channery sandy clay loam
about 24 inches thick. Sandstone Is at a depth of 52
inches.
Included with this soil in mapping are small areas of
Parachute and Northwater soils. The moderately deep
Parachute soils are on smooth ridge crests and west-
and south-facing side slopes. The Northwater soils are
on north-facing side slopes. ThesQ areas make up 10 to
15 percent of the map unit.
Permeability is moderate, and available water capacity
11 modcrato. Effective rooting depth is 40 to 60 inches.
Surtaca runoff is slow, and the erosion hazard is slight.
· This soil is used mainly for wildlife habitat and limited
pzing.
The native vegetation on this soil, because it faces
"°'1tl and east, is mainly Gambel oak, elk sedge, servi-
~rry. and snowberry. There are small areas of dwarf-
..•. , 1., •aspen. but they are of little or no commercial value.
· When range condition deteriorates, forbs, shrubs, and
·: ky bluegrass increase. Properly managing grazing
,:' -~ ins and improves range condition. :~r-~ ~ doer and some snowshoe hare and blue grouse
habitat on this soil.
ol this soil for community development or as a
of construction material is limited by steep
Areas from which construction material has been
are difficult to reclaim.
soil is in capability subclass Vile, nonirrigated.
~ outcrop·Torriorthents complex, very
This broadly defined unit consists of exposed
~ry stony areas. soils that are shallow to mod-
P over bedrock and small pockets of deep
· l'Ns complex is in the northwestern and north-
Perts of the Area. The complex is on the rock
. · 1~nd colluvial slopes along the edge of Roan
outcrops and soils are very steep to ox-;·~ (fig. 3). Slope ranges from 50 to eo per-
·~Op makes up about 50 to 80 percent of the
· trld T orriorthents make up 20 to 50 percent.
• ents . are along t he upper edge of the
. the T~morthents are between the toe slopes
. . , ·lying exposed bedrock. Commonly, the
35
top of the escarpment is 2,000 to 2.~00 f•.::o t h igfwr lhan
th e toe slopes .
Rock outcrop is mainly Gree n Rivr.;r &l1"le . The loo-:>c
stones are fragments of bedro c k brok<=m frorn th~ es-
ca rpments . The stones are gcnora!ly f!ag stunt:s, 6 tn 24
inc hes wide and 2 to 6 inches thick.
Torriorthents are shallow to m·:idcrat<::>ly d ~t p. Th ~y
generally are clayey to loamy and cont ~\11 vari ~~b ~c
amounts of gravel , cobbles. and stones.
At the lower elevations of thi-:; comple x, t u rl::ico runoff
is rapid and the erosion hazmd is mochm•l<.'. Surf ;1 co
runoff ls very rapid and the emsior' haz<:\rd is zcvc ro on
the exposed bedrock and shallow stcny :;o il s at th'3
higher elevations.
Included in mapping are smoll, belated are::i.s of N ili ill
soils at lower elevations in concave poi:ka ts near the toe
sl opes. These areas make U::1 abQu\ 5 perccint of the
u nit.
The native vegetation is mainly s£1vic e ocrry, lJ~tt<'r·
brush, mounta inmahogany, big soguuw~h. ar irJ w i:~il?tffl
wheatgrasses at the lower ckvations in north-fadng
areas. The native vegetation is bilterbrush, s h~c.ls<::J l e,
Indian ricegrass , big sagebrush. and western w h2at£it~s s
at the lower elevations in soutll-f<!cing c\l OCllJ . At tile
higher elevations. vegetation Is sp<l1se or noni:~:~i~lant 0 11
the exposed bedrock and rocky coHwiul !;IO\'.l"~S.
T his complex has only limited v2 !m~ for gr~•.zi ng. Sam~
sheep can use the browse plants at the fow-er elevations.
Deer, rabbits, and grouse find food unJ cov<.."f' <.1.t the
lower elevations. The south-facing low~r me:is (:),m ;,:n
important wintering area for d6ar.
Green River shale is loco.Hy known as "oil sh.?.le ."
Exposures of oil shale aro €lt higher elevations ln ti'lis
unit.
Extremely steep slopes and rockirn:-:;s !i inil dovcl1Jp-
ment. These limitations can be ov~·rcomc by ap!)ropri :itc
design and constructon.
This complex is in capeibiltly subclass Vl!lo, nonirrig<lt·
ed.
63-Sllas loam, 3 to 12 percent slope~. lhis d0ep.
moderately well drained soil b'; on bo~o111 l~nd of moun-
tain valleys . Elevation ranges from 7,600 to B,300 fed.
This soil formed In alluvium dorivcd m~~inly from s~.r1•j
stone and marlslone. The average ~nnual prncipit:.?.lii:in i:s
about 20 inches, the average annual air tempemture is
about 40 degrees F, and the average frost-frE·e pericd is
l ess than 75 days .
Typically, the surface layer is very daik or3yish brown
loam about 14 inches thick. Tho underlying mat'3ri;:~I is
very dark gray and very dark grayish brown loam to o
depth of 60 inches.
Included with this soil in mapping are smtill areas of
coarse loamy soils and of soils thc.t hav!3 a light co!1,r ed
surface layer .
Permeability is moderate, and a'.lai!ab!e wat€r cap ::tc i t~
is moderate. Effective rooting d(>pth i~ 60 inches or
r~ ·---------------~·----------------~•.__----~~-~~-
I,
RIFLE AREA, COLORADO
1"66-+-Torrlorthents-Camborthida-Rock outcrop com-~ steep. This broadly derlned unit consists of ex-
posed sandstone and shale bedrock, loose stones, and
soils that are shallow to deep over sandstone and shale
bedrock and stony basaltic alluvium. This complex
occurs 1hroughout the survey area. The soils and out-
crops are moderately steep to very steep. Slope ranges
from 15 to 70 percent
Torriorthents make up about 45 percent of the com·
plex, Camborthids make up 20 percent, and Rock out-
crop makes up 15 percent. The Torriorthents are on
foothills and mountainsides below Rock outcrop. The
moderately steep Camborthids are on lower toe slopes
and concave open areas on foothills and mountainsides.
T orriorthents are shallow to moderately deep. They
are generally clayey to loamy and contain variable
amounts of gravel, cobbles, and stones. The surface is
normally covered with stones weathered from the higher-
lying Rock outcrop. South of the Colorado River, basaltic
stones and cobbles are on the surface.
Camborthids are shallow to deep. They are generally
clayey to loamy and have slightly more clay in the sub·
soil than in the surface layer. The surface layer is light
colored. The profile is normally free of stones, but scat·
tered basalt stones, cobbles, and sandstone fragments
are on the surface.
The Rock outcrop is mainly Mesa Verde sandstone
and Wasatch shale. Some areas are covered with basal-
tic boulders and stones. Small areas of limestone out-
crops and exposed gypsum are in the eastern part of the
survey area.
Included in mapping are small. isolated areas ot Ilde-
fonso, Lazear, Ansari, Begay. Heldt. and Dollard soils.
These intermittent areas make up 10 to 20 percent of
· tiis map unit.
1his complex is used for grazing, wildlife habitat, and
1 recreation.
• ' The stones on the surface and the steep slopes make
1
!" ·. · tis complex unsuitable for crops. Some areas can be
• .. ' . ·~ded to pasture by broadcast seeding. Other plant·
; . · 'h..methods are made difficult by the stones and slopes.
. 'ne native vegetation includes wheatgrasses, blue-
,· es_. Indian ricegrass, needlegrasses, bitterbrush,
• ! ~~mmahogany, sagebrush, and an overstory of
· ~IJUll and juniper.
:'•The value of grazing is fair. The vegetation should be
... · ged t.o maintain wood production and limited graz-
Selectively thinning the pinyon and Juniper improves
and provides firewood and posts. Steep slopes,
te to severe erosion hazard, and slow regrowth
affect harvesting and management. ! of .this complex is a prime wintering area for ·~ "abb1ts, coyote, and a few elk also find food and
· on this complex.
. . _is limited by steep slopes and stoniness.
. hnirtations can be overcome by appropriate
. ,. llld construction.
31
This complex is in capabiliiy ~vbclo~;:; Vile, ncninig.Jt·
ed.
67-Torrlorthents~Rock 01.ttcrop .zompi:;"Jx, stt>~p.
This broadly defined unit consists of exposed sand~tono
and shale bedrock and stony soils that ar'9 shallow t•J
moderately deep over sandstone and sh.n.!c and 3!ony
basaltic alluvium. Areas of this complex occr;r thrccgl1cut
the survey area. The soils and ov.tcrops ~-im moo-ar.;;~e!y
steep to very steep. Slope rn.ng0s fror11 1 G t~> 70 percl'.:'nl
Torriorthents make up about 60 porccnt of th is (;Om-
plex, and Rock outcrop makes up 25 pr.:-rc<ml. The Tor-
riorthents are on foothills and mounta!nsidc~~ below tho
Rock outcrop .
Torriorthents are generally c1ayey to lonrny o.nd con-
tain variable amounts of grn.vel, cobbl~:>. wd stones.
The surfacg Is normally cover0d with slon•::.:.s •.:veathert.'d
from the higher-lying Rock ou:crop. South of tho COlorn-
do River, stones and cobbles of has::llt ~re on the £i'Jr·
face.
The Rock outcrop is maln!y Ma-::a Verda sand-:;tone
and Wasatch shale. Some area'i a;e cov8rcd with t'l ~.<)J·
tic boulders and stones. Small ere.is of lirr.~s~o110 out-
crops and exposed gypsum a.re in lhe C?(lst-::rn part c>f tho
survey area.
Included in mapping are 3m:J il lsol::ttcd ariJas of llde-
f onso, Lazear, Ansari, Gaynor, Trld€!!1, and Nihill soi!3_
These intermittent areas make up 10 to 15 pc1co11t e>f
t his map unit.
This complex is used for limlt~d gt:Jtir1g, w:Jcllifc i1ab:-
tat, and recreation.
Because of lho stones on tho suifac~. t;1G Hock O'Jt-
crop, and the steE?p slope, thb compbx is unsu!h:d to
crops.
The native vegetation inctl1d~s whealgr<l $S, bluegrass,
Indian ricegrass, needlcgra-;s, biltcrbrush, sJgebru!>h,
mountainmahogany and an ovurstory uf r!r.yon <ind jur.!-
per.
The vegetation should be mMagcd to rn2.intain wood
production and limited grazing. Selectively tll!nr1in:J Hie
pinyon and juniper improves gm.zing nnd provid~:> fire·
wood and posts. Steep slopes, mod<:r\lto to seven~ ero-
sion hazard, and slow regrowth of tr~cs .::i.lfcct herve-sting
and management.
Most of this complex is a prime winle·ring arc;l. fer
deer. Rabbits, coyote. and a few slk ~l:;o find food a11d
cover on this complex.
Community development is limited by th~.) Rock O\.!t-
crop, steep slopes, and 5tonin'.?sS. This~o limitation3 can
be overcome by appropriate de<:>ign and constru:;ti<Jn.
This complex is in capabiHty subcl,J.ss V!I~. noni1 rigut-
ed.
68-Vale silt loam, 3 lo Ii pcrc('nt slope-:;. This dee-p,
well drained, gently sloping soil is on mesas, tcrr(lc<:s,
and alluvial fans. Elevation ranges from 5,000 to 7,200
fGet. This soil formed in calcareous eolian material. lho
wr.u
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: 1111111'°111111111111111111111111111• 1111111111111111
610928 09/19/2002 12:S4P 81387 P740 n ALSDORF
1 or 1 R 6.00 D 16.20 GARFIELD COUNTY co
SPECIAL WARRANTY DEED
•
Gi-antor(s), M.A Bosely, whose legal address is P.O. Box
26, Woody Creek, CO 81656, County of Pitkin and State
of Colorado, for the consideration of-$ 162,000.00
DOLLARS, in band paid, hereby sell(s) and convey(s) to
Coulter's Pocket LLC, a Colorado limited liability
company, whose legal address is 6509 Hwy, 6 and 24, Parachute, CO 81635, the County of
Garfield, State of Colorado, the following real property in the County of Garfield and State of
Colorado, to wit: ·
T. 7 S., R. 95 W. ofthe 6tta P.M. { 0
Sec. 9: the east 30 acres of the SW 1/4 SW 1/4 and the SE 1/4 SW 1/4
TOGETHER WITH: All ditch and water rights belonging to or appurtenant to dais lands,
if any, including but not limited to water rights in the Shutt Ditch and the Battlement Creek, and,
if any, all of grantor( s) interest in the Shutt Ditch and water priorities Nos. 80 and 100 ,,......
adjudicated thereto. Grantor(s) reserves any and all mineral rights. --L
Also known by street and number as: unassigned on CR 354
with all its appurtenances, and warrant(s) the title against all persons claiming under (me) (us).
Signed this 291\ day of April, 2002.
M.A.
STATEOFCOLORADO }
} SS
COUNTY OF GARFIELD }
Subscribed and sworn to before me this 291
\ day of April, 2002 by M.A. Bosely ..
Witness my hand and official seal.
My commission expires: ~/~&
~-~
Notary PUblic
---·-· ---
'· ,_
' t i --------------
• I . ,
·, .
---
".
I Wl\1111111111111 11111 lllft 11111111111 ftlll l!JJI
6024!8 05/01/2002 01:34P 81351 ~~ ~
1 of 1 R 5.08 D 11.20 GARFI~
SPECIAL WARRANTY DEED
•
Grantor(s), David A. Pickler and Marylyn D. Pickler whose legal address is I
2604 Sak.Ian Indian Dr., #6, Walnut Creek, CA 94595, County of CtJ 7ffr~tt ·
and State of California, for the consideration of --S162,000.00 -[ tJ 0 {"a '------------
DOLLARS, in hand paid, hereby sell(s) and convey(s) to M. A. Bosely, whose legal address is P.O . Box 26. Woody
Creek. CO 81656, County of Pitkin and State of Colorado. the following real property in the County of Garfield and State
of Colorado, to wit:
T. 7 S., R. 95 W. of the 6u. P.M.
Sec. 9: East 30 acres of SW1/4SW1/4 and SE1/4SW1/4
TOGETHER Wlm: AU mineral rights owned by Granton, if any, and all ditch and water rights
belonging to or appurtenant to said lands, if any, including but not limited to water rights in tbe Shutt Ditch and
the Battlement Creek, and, if any, all of granton' interest in the Sbutt Ditch and water priorities Nos. 80 and 100
adjudicated thereto.
also known by street and number as: unassigned on CR 354
assessor's schedule or parcel number: R170088, 2407...093..00...020
with all its appurtenances, and warrant(s) the title against all persons claiming under (me) (us).
ST ATE OF CALIFORNIA
County of CD'Ait--~ G,r..Jt..
The foregoing instrument was acknowledged before me this .J1_ day of ap r·, l , 20 _Q£_. by David A.
Pickler and Marylyn D. PickJer.
1~* • ... ·~&tMetJ\i~~._ -
d: COMM.' 1324449 I
111 NOTARY PUBl.JC.CAUFORNIA l'
S CONTRA COSTA COUNTY ,.,.
~ My Commission Expires OCT. 8, 2005 J. ••••••••••••••
Witness my hand and official seal.
My commission e.,,,ires : \~ "t -oS
u4~,4d~
Nia
Name and Address of Person Creating Newly Oealcd Legal Descri~oo. (§38·33-l 06.S. C .RS.)
No. 900. Rev. 3-!lli . SPECIAL WARRANT¥ DEED (Short Fonn)
----------------·---------·
··: .. -:·:·· • Ch._. s. Keegan
---·---·--------~D
Made this day of March In the year of our Lord
·•
11;.1 one thousand nine hundred and fifty-eight between HENRY H , HER WICK and II
MRS, HENRY H, HERWICK, also known as GERALDINE L. HERWICK i\ i!
·i
11 ii
11 ii
-'· 11
!I
Ii
:1
:
I$
i
of the County of Garfield and State of Colorado, of the ft ret part, and
DAVID A. PICKLER and MARYLYN D . P.ICKLER
.California of the County of Alameda . and State of~, of tJie aecond part;
Wltn-tb, That the eald pan ies of the fu'lt part, for and In consideration of the 11UD1 of
Ten Dollars and other good and valuable consideration --------------..DOLtJLRS,
to the aaid part ies of the ftnt part In hand paid by the uid partlea of the eecond part, the receipt whereof 11
hereby confeped and aclmowledired, ha Ve irranted, ba!Jf&~• aold and conveyed, and by theae. preaente do
pnt, bargain, 11811, convey and conflrm ~t.o the eald partiea of tl\e 18Cond part, not in tenancy m common bu~ in
joint tenancy, the survivor of them, their aaslgna and the heira and aaaigns of such aurvivor forever, all the followmg
described lot or parcel of land, situate, lying and be1nc in the County of Garfield and State
of Colorado, to-wit: The Southeast Quarter (SEf) of the Southwest Quarter (SW·l» and
the East Thirty (30) acres of the Southwest; Quarter (SW!> of the Southwest
Quarter (SW-!) of Section Nine (9), Township Seven (7) South, Range Ninety-
five (95) West of the 6th P. M.; together with all water and ditch right~
belonging or appurtenant to said lands, including all of granters' interest in
the Shutt Ditch and water priorities Nos. 80 and 100 adjud icated thereto.
~.~:"··~~ .... ·.····~
' .
. . . .
. . ~
. '
......... -· ..
To1ether with all and &lnirular the heredltaments and appurtenancea thereunto belonging, or in anywise a_pper-
taining, and the reversion and reveralona, ·remainder and remainders, rentl, luuea and profit. thereof; and all the
estate, right, title, Interest, claim and demand whatsoever of the eald part,ie S of the ftret part, either In law or
equity, of, in and to the above bargained premise., with the hereditamentl and appu rtenancea.
To Have And lo Bold the said premise• above bargained and deacrlbed, with the appurtenances, unto the said
partlea of the BeCond part, the survivor of thom, their assigns and _the helra and u sigua of aucb survivor forever.
And the said parties of the ftrst part, for them aeJVeS, theW.ra, execut.ora, and admlnlatratora, do
i covenant, grant, bargain and agree to and with the said partiea of the second part, t he survivor of them, their assigns
i! and the heirs and assigns of such survivor that at the time of the en.Wing and delivery of these presents, are ii well aelsed of the premisea above convey;d, u of good, sure, perlect, absolute and Indefeasible estate of inheritance,
in law, In fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey
the a:une In manner and form aforesaid, and "that the aarne are free and clear from all former and other granta,
bargains, ulea, liens, taxu, asaenmentl and "lncwnbrances of whatever kind or nature soever, except
i: taxes for the year 1958.
;j
·1 and the above bargained premises In the qu iet and peaceable posseaslon of the eaJ d 11artlee of the second part, the ;I survivor of tbem, their anigna and the hein and aaaigns of •uch survivor, against all and every peraon or persona
ii . lawfully claiming or t.o claim the whole or any part thereof, the u id parties of the lirat part shall and will
II
W ARRA.NT AND FOREVER DEFEND.
In Wltneaa Whereof, The aaid parties of the fin.t part have hereunto set jfeir hands
l · and leal 8 the day and year int above written. ~ 4 ..JI/~~ ii Slped, Baled and I>ellftred ln the Pruenee of j -'---~~-·-·· .. -····--.:.-...... ~:~? ...... ~
:1 -···---------·---·-·--·--·-·--·-·-a~~~
I _______ ..,. ___ ...................... ---·-·-·--··-·-·----·--···--·-···-···--··-··" .. ····-.......... -.... -................................. ~
• J Sat·B·P-R.evlffd
I! ,,
STATB OF COLORADO, } .
Count7 of ... -... Q~!:f~-tl~-~-·-·-~,..··-··-··· llL The fore'iVlng instrument was acknowl-
edged befon me tlm,. __ _h!/. .. ..::;;. .... -...... day of------·~r.i;h --.... ·---·• 1~8-....
by• JJE.N.RX .. H .. _HEID.v.lCK..and..M.B.S.....HENRY .. a -.HERWrcK.... .
...... _.!.l!.Q_JmIDY.n.Jut.OERALD.INE _L •.. .HE.RWlCK ...................................... .
:=::::·-=:~~~~-----~ Notary Public
•If ..Uns la olllolol w np.._...totlft -•I>':,"'""' aomo oad aloo ..-or ~I>' aad for wbom octlns,
WARRANTT DEED TO JOINT TENANTS-Out Weal PrlnUns and stotloael'J' Co., Colorado Sprlnp, Colorado
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EASEMENT AGREEMENI
THIS AGREEMENT made and entered into as of the~ day of ~ i ) , 2002,
by and between Mary Ann Bosely, whose address is P . 0 . Box 26, Woody Creek, Colorado 81656
(hereinafter referred to as "Bosely"); and, David Tonder and Mary Ailll Tonder, whose address is
1104 County Road 3 08, Parachute, Colorado 8163 5 (hereinafter collectively referred to as
"Tonder").
WIINESSETH
WHEREAS, the parties have had the opportunity to be fully and separately apprised and
advised of their respective legal rights, privileges and obligations arising out of the litigation in Case
No. 00 CV 45, in the Garfield County District Court; and
WHEREAS, the parties desire to fully settle, adjust, and compromise all matters, related to
their claims as one against the other in Case No. 00 CV 45; and
WHEREAS, Mary Ann Bosely is the owner in fee simple of the SWY.SE~ of Section 9 and
the NW~NEY. of Section 16, all in Township 7 South, Range 9S West of the 6 111 P.M. and in
possession of the described real property situated in Garfield County, Colorado, by deed recorded
in the Office of the Garfield County Clerk & Recorder in Book 1212 at Page 595 (hereinafter
referred to as Bosely property/lands); and
WHEREAS, Plaintiff Mary Ann Bosely has contracted to purchase the East 400 ft of the
SEt. S£1,t. of Section 8, the West 10 acres of the SWY.SWV. in Section 9, the East 30 acres of the
SW~SWY. in Section 9, and the SEY-SWY. of Sec. 9 . all in Township 7 South Range 95 West of
the 6 1
b P.M. (hereinafter referred to as the Pickler property) from Plaintiffs David and Marilyn
Pickler who arc the owners in fee simple and in possession of the described real property situa
inGarlield County, Colorado, by deed from Herwick to Pickler, l'C':ordcd in the Office of the
Garfield County Clerk and Recorder in Book 307 at Page 3 72 (hereinafter referred to jointly with
the above property as Bosely/Pickler properties/lands).
WHEREAS, avid and Mary Ann Tonder are the owners in fee sim le of Lots 1, 3, and 4 >(
of the Winter Subdivision Exemption Plat, ocate m the NEV.NE 1.-'4 of Section 17, Township 7
South Range 95 West of the 6 111 P .M. by deed recorded in the office of the Garfield County Clerk and
Recorder as Reception No. 449564 (hereinafter referred to as Tonder property/lands).
NOW THEREFORE, in consideration of this agreement and the granting of the easements
hereinafter set forth, it is agreed as follows:
1. Tonder grants and conveys to Bosely a non-exclusive easement thirty-two feet in
"!Yidth~for utilities and access to and from the Bosely/Pickler lands described as
follows;
Commencing at the NW comer of the NEY.NEY. of Section 17, I ownship 7 South
Range 95 West of the 6111 P.M., said point of beginning being situate at the
" • •
intersection of Garfield County Road 308 and the Tonder property;
and continuing easterly approximately 1296 .04 feet along the northerly 32 feet of the
NEY~NEY. of Section 17 and ending at the NE comer of the NEY,NEYa of Section 17,
a.s shown on the map attached hereto as Exhibit "A".
2. Any utilities installed shall be contained within the easement area as described and
shall be installed underground at the sole expense of the owners of the lands
bcnefitted by the easement described above. Any improvements shall be contained
within the easement area as described .
3. The owners of the lands benefitted by this easement shall be solely responsible for
all costs of construction, improvement and maintenance of any roadway, entI)way
or other improvements within the easement area. Tonders shall not be responsible
for any of the cost of construction, maintenance or improvements contemplated
herein. T onders may use the roadway in the non-exclusive easement herein granted
for their own ingress and egress purposes without contribution to the cost of its
construction, maintenance or improvements.
4 . Any roadway constructed in the easement area shall be constructed to the standard
required by the County of Garfield for the residential density it is serving.
Construction of the roadway will occur upon the completion of construction of four
single family dwellings utilizing such roadway.
5. Such easement will hereafter be for private use and not public use, and the
landowners bcncfitted by th.is easement will maintain the road pursuant to a written
road use agreement running with said lands. Such road use agreement will be
prepared by the landowners at their expense and shall be binding upon any future
owners of said lands .
6. Bosely will install cattleguards, utilize gates, or relocate the fence as may be
necessary to secure livestock of Tonder or any future owner of the Tonder lands
described above.
7 . Bosely is permitted to construct an arched entryway at the intersection of Garfield
County Road 308 in the described easement area.
8. Bosely agrees not to develop more than nine agricultural/residential lots from the
lands owned by Bosely/Picklcr except as provided herein. At any t1tne in the 15 year
period following the execution ofthis casement agreement there are more than nine
tracts created from the Bosely/Pickler properties described above, then beginning
with the tenth tract, Tonder will be paid an additional road user fee of $2,500.00 per
tract upon the initial sale of each additional tract created over and above the first nine
tracts. Upon the expiration of 15 years this provision shall automatically tenninate,
EASEMENT AGREEMENT
BOSEL Y end TONOER , Page 2
..
• •
and the property shall no longer be subj ect to such restriction on development.
9 . Bosely shall hold harmless and indemnify Tondcrs from any claims or liability
arising out of or related to the constroction I maintenance of the improvements within
the easement.
10 . The easements granted and conveyed, and the agreements herein shall survive to the
respective grantees, their assigns, heirs and successors, in accordance with the above
provisions .
11. Tonder and Bosely respectively , for themselves, their heirs, successors and assigns
represent and warrant at the time of the granting of the above easements and the
entering of the above agreement they w ere the owners of the respective properties
subject to said easements and each has the right to grant, bargain, sell and convey
said easements, and enter into such agreements .
12. Both parties acknowledge and agree that they have incorporated into this Agreement
their entire and full agreement and understanding. No statement, oral or written, not
incorporated herein shall have any force or effect whatsoever. Neither party is
relying on any representations of the other party other than those set forth herein.
13. The parties agree that the within Agreement shall not be modifiable except by its own
terms, or by operation of law, or by the written agreement of the parties. Subject to
applicable law, the provisions of this Agreement shall not be modified except by the
mutual consent and agreement of the panies expressed in writing and duly executed
with the same formality as this Settlement Agreement.
14. This Agreement shall be construed and governed in accordance with the laws of the
State of Colorado. Should a dispute arise between the parties in regards to this
Agreement, or should either party employ an attorney to enforce their rights, titles
and interest under th.is Agreement, the prevailing party shall be awarded reasonable
attorney's fees and costs incwted therein.
IN WllNESS WHEREOF, the parties hereto have executed this Easement Agreement
effective as of the date and year first above written.
()~A
I David Tonder
EASE EMENT
BOSEl.Y and TONDER, Page 3
04i0A/2002 16:02
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EXHlB\T A
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STA TE OF COLORADO §
§ SS
COUNTY OF GARFIELD §
•
Subscribed and sworn to before me this #~ day of ~ • 2002 by DAVID
TONDER.
Witness my hand and official seal.
My commission expires: f--~.S:a3
STATE OF COLORADO §
§ SS
COUNIT OF GARFIELD §
Subscribed and sworn to before me this ~.i·iAday of_...........,.~=--
TONDER.
Witness my hand and official seat
My commission expires: & ;; {:IJ.3
STATEOFCOLORADO §
§ SS
COUNTY OF GARFIELD §
Subscribed and sworn to before me this ~ay of ~ ,;£~002 by MARY ANN
BOSELY.
Witness my hand and official seal .
My ~ommission e~pires : 2/iiJa&
EASEMENT AGREEMENT
BOSEL Y and TONDER, Page 4
~#.< dta:,L/V
07/30/20 02 01:53 970 -923 1 263
: ~ \81 Hiil llllll lllll lill lllll ll11llHlll llll llll
... 373 17/1312002 11:32A 11317 , •• " ALIDORF
1 of • lit 3' 'ee D e ... GARFIELD COUNTI co
MARY AN NE BI SEL .•
EASEMENT AGREEMENT
-lu .. ~
THIS AGREEMENT~ and entered into as oft.he hi_ day of ~002,
between Dave Wasserman, wboae address ii 666 Dundee Rd. No . 404, N~>tth\x'ook, IL
(hereinafter referred to as "Wasserman"); and, Couher 's Pocket L.L.C . (hereinafter re
"CouJter•s Pocket"); and Mary Ann Bosely, whose address is P. 0. Box 26, Woody Cree
Colorado 81656 (hereinafter re&rred to as "Boselyj.
WITNESSETB
WHEREAS, the parties own adjacent parcels of property; and
WHEREAS, Wasserman owns the East 400 ft of the SE1A SEI/• of Section 8, the
at;reS of the SW'/.iSWV. in Section 9, in Township 7 South. Range 95 West of the~ P.M
County of Garfield, State of Colorado; and
WHEREAS, Cou1ter•s Pocket L.L .C. is the owner of the East 30 acres of the S
in Section 9, and the SE 1/.SW\4 of Sec. 9. all in Township 7 South Range 95 West of 1he
P.M ., County of Garfield, State of Colorado; and
WHEREAS, Mary Aon Bosely is the owner in fee simple of the SWV4SE'/4 of ·
and the NW1/4NE~ of Section 16, all in Township 7 South. Range 95 West of the 6• P.M
CoWUy ofGarfiekt, State of Colorado; and
'WHEREAS, the parties hemo desire to secure access and provide for utilities tx>
their respective properties.
NOW THEREFORE, in consideration the grantq of the easements hereinafter
it is agreed u follows:
1 . Bosely owm a non-exclusive euement pursuant to the Easement Agreeme
entered into the 4• day of April, 2002, by and between Bosely and Toooer
gruu to W11118emW1 an undivided interest in and to the non-exclusive
thirty~two feet in ~ for utilities and ac<:ess to and from the Wasscm11m
property, connnenc:q at the NW comer of the NEV.NEY.. of Section 17,
Township 7 South Range 9S West of the~ P.M., siUd point of beginning
situate at the intersect.ion of Garfield C.ounty Road 308 and the Tonder
and continuins euterly approximately 1296.04 feet &Jons and with the oo
ofNEV..NE 1A of Section 17 and ending at the NE comer of the NEV.NEY6
Section 17, 1ubject to the terms and conditions of said Easement Aareeme!J
April 4a.. 2002, recorded in the Garfield Cieri< and .Recorder's Office in
at Paae 861 as Reception No. 605795 .
~I \J R_t-.) ID ·_
~'-( {'.\ ~ ~ (... ~De f:.L "(
\> .o, 'Oo~ a-t&> ~.o.b'-f ~"-CD <;\eo~<o
PAGE 01
,-,.....:.1_
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~11 3 ~1 ~~e2 01 :53 97 0-9 2 3125 3
I ili11111111111111111111111111111l 1111111111111111
tel373 07/0312112 10:32R 11317 Pte " ALSl>O"f
2 of I R 30.11 D 0.01 GARFlEL.D COUNTY CO
MAR Y At~t~E BOSE L .
2. Wasserman grants to Cou.ltet's Pocket an exclusive easement thirty-two fl
width, fur utilities and access to and from the properties o~ by Coultc
Pock.et as described hereinabove, commenting at the SW corner of the
Wasserman, beins a point approximately 400 feet west of the intersection
Section lines for Sections 8 and 9, Towruiliip 7 South Range 95 West of
P.M., and continuing eastcrty approxinlateJy 732.14 feet along aod with
line of the Wasserman property as described hereinabo\'C, and ending at
corner of the Wasserman property approximately 332 feet east oft.he·
of the Section lines fur Sections 8 and 9, Township 7 South Range 95 We
51t1 P.M . at the point of intersection with the property owned by Coulter's
3. Wasserman gram& to Bosely an exclusive easement thirty-twO feet in wid
utilities and access to and from the propenies owneld by Botely as dncri
hcreinabove, commencing at w SW comer of the Wasserman. being a po
approximately 400 feet west of the intel'8eCtion of the Section lines for S
and 9, Township 7 South Range 95 West of the~ P .M., and continuing
approximately 732.14 fuel along and with the south line of the Wasserman
property as descn'bed hereinabove, and ending at the SE comer of the W
property at a point approximately 332 feet east of the intersection oft.he S
lines for Sections 8 and 9, Town.Wp 7 South Range 95 West of the 6• P.
point of intersection of the Wasserman property and the property owned
Coulter's Pocket.
4 . The owners of the lands de$cnl>ed above for Coulter's Pocket!Bosely
these easements shall be solely respo ns ible for all costs of construction of
roadway/utilities within the easement area.
5 . Such easement will be fur private use and not public use .
6 . The easements granted and conveyed, and the agreements herein shall
the respective grantees, their assigns, heirs and successors, in. acoordance
above provisions.
7 . The panies respectively, for themse lves, their heirs, successors and assip
represent and warrant at the time of the grantilJS of the above easements
emerin@oftbe above agreement they were the owners of the respective pr
subject to said easements and each has the risht to grant, bargajn, sell and
said easements, and enter into such agreements.
8. The parties agree that the within Asreement shall not be modifiable except
own terms, or by operation of law, or by the written agreement of the part
Subject to applicable Jaw, the provisions of this Agreement shall not be
WASSERMAN/COUL TER'S POCKETIBOSEL Y
EASEMENT AGREEMENT, PAGE 2
PAG E 02
. : ' 1\i~·1;1i~1~l11;1ii~1111~1~1.~ill 1111111111111111 MA RV ANNE BOS.
101373 17/03/21e2 10:32A 11317 '81 " ALS~
3 of I R 31.11)0 D e.ee GAltflIELD COUNTY CO
except by the mutual consent and agreement of the parties eKpressed in
an.d duly executed with the same formality as this Easement Agreement.
9 , This Agreement shall be construed and governed in a.c«>rdance with the la
the State of Colorado. Should a dispute arise between the parties in re
this Agreement, or should either party empkly an attorney to enforce t~ir
titles and interest under this Agreement , the prevailing party shall be a
l"easonable attomcy 's fees and costs incurred therein.
IN WITNESS WHEREOF, the patties hereto have et.ecuted this Easement Agr
effective as fthe date and year first abov~ written.
S T ATE OF COLORADO §
§ SS
COUNTY OF GARFIELD §
Dave Wasaennan
Subscribed and sworn to before me this ''f.~ day of ~'-'~
Bo~ly .
Witness my hand and official seal.
My commission expires:_· -~--
WASSERMAN /COULTER'S POCKET/BOSELY
EASEMENT AGREEMENT, PAGE J
--
PAG E 03
STATE OF COLORADO §
§ SS
COUNTY OF GARFIELD §
Subscribed and sworn to before me this __ day of ___ _,
w assen:nan.
Witness my hand and official seal
My commission ex.pircs:. ___ _
STA TE OF COLORADO §
§ 8S
COUNTY OF GARFIELD §
Notary Public
Subscribed and sworn to before me this \15 --; day of ~u\,,,,"1
Bosely as General Manager ofCoulter's Pocket L.L.C ..
Witness my hand and official seal.
My commission expires: ___ _
W ASSERMA.ll{JCOUL TER 'S POCKET/BOSE.LY
EASEMENT AGREEMENT. PAOE 4
Not~
JANET L. HUBS
NOTARYPUBL
STATE OF COLO
PAGE 134
r I •
·" \, ...... • MA RY ANNE E OSEL~
11111111111111111111111 11111111111111111111111111111111
181373 87193/2""2 UJ: 32A 113'7 PU " ALSOORF
5 of I ~ 38.et D e.ee GARFJILO COUNTY CO
970+285-H5313
except by the mutual consent and agreement of the parties expressed in
and duly executed with tt\c same formality BB this Easement Agreemtnt.
9. This A.greemeni shall he conJtrued and governed in accordance with the la
the State of Colorado. Should a dispute arise between the parties in re
this Agreement, or should either party employ a.n anorney to enforce their
titles and intel'e$t under this A[Veernent, the prevailing party shall be aw
reasonable attorney's fees and costs lncurr~ t
IN ~1TNESS WHSREOF, the parties hereto
etfective as f the date and year first above written.
---------------Mary Ann Bosely
, General Mllnft8er
Coulter's Pocket L.L.C.
STATE OF COLORADO §
§ SS
COUNTY OF GARFIELD §
Bosel)'.
Subscribed and sworn to before me this~ day of __ _
Witness my hiuld and official seal.
My commi.~i<>n expires: ___ _
W ASSERMAN/C(>(JI TP.lt'S POc'.KETIBOSELY
f..ASl:!MENT AGREEMENT, PAOE J
Notary Pub~
PAGE 05
P .. OB
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GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BA ITLEMENT PARKWAY
PO BOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
August 26, 2000
Gary L. Watkins
Watkins Realty
PO Box 518
Parachute, CO 81635
Subject: Review of the Watkins Reality SubdiY.ision Application
Gary,
I have reviewed the request made by your company and offer the following regarding the
fire protection plan submitted:
1. The property, descnbed and shown on the attached reference map, is within
the Grand Valley Fire Protection District 's boundaries.
2. We would request that the County Commissioners abide by and enforce the
NFPA 299, Standard for Protection of Life and Property from Wildfire
recommendations as it relates to roads and driveway specifications.
Roads into the Subdivision:
It is the sub-dividers intent to use Co unty Road 354 as the main road into
the subdivision. It is unknown as to who is the actual owner of this road at
present. We request the following pertaining to access/egress:
a) NFPA 299, 5-2.1 Roadways Required. Roadways shall be required
when routes of access serve three or more dwellings. Roadways shall
be designed and constructed to allow evacuation simultaneously with
fire department operations.
b) Width and Vertical Clearance. The road is put back to County
specifications and/or those required by NFP A 299 standards. NFP A
299, 5-2.2, Width and Vertical Clearance. Simultaneous access for
emergency vehicles and the evacuation of residents shall be provided
for by a traveled way of not less than 24 ft horizontally and 14.5 ft
vertically. If two separate, one-way routes are provided, the width of
each route shall not be less than 16 ft.
I I .
c) NFPA 299, 5-2.7, Dead Ends. Every dead-end roadway more than 300
ft in length shall be provided with a turnaround at the terminus having
no less than 120ft outside diameter of traveled way.
d) Additional specifications for shoulders, parking, gate openings and
locking devices shall also apply.
Driveways/Roadways into individual home sites:
a) NFPA 299, 5-3.2 Width and Vertical Clearance. Fire service access,
including bridges, shall be a minimum of 12 ft in width and have a
vertical clearance of at least 14.5 ft over its full width.
b) NFPA 299, 5-3.4 Tums. Fire service access turns shall not restrict
access of the largest emergency vehicle, as determined by the Al-IJ,
likely to be operated on the fire service access.
c) NFPA 299m 5-3.6 Construction. All fire service access, including
bridges, shall be designed and constructed with an all-weather surface
adequate to support the heaviest piece of fire apparatus likely to be
operated on the fire service access as designated by the AHJ.
d) Additional specifications for gate openings, locking devices, easements
Rights-of way, maximum grades and dead ends shall also apply.
e) In addition, where applicable, all driveways shall conform to NFP A
1141.
3. The closest municipal water main or fire hydrant is located on Battlement
Mesa. This is a private water supply syst em and any cost for water use in the
event of a fire will be passed onto the landowner. All home sites will have to
have potable wells drilled, which in most instances are not large enough for fire
protection uses. In the event that a home owners water supply is insuffiecient,
water will have to be shuttled in from other sources. Time delays for set up
and shuttling are to be expected, which may increase the damages to private
property.
4. The Colorado State Forest Service, Grand Junction District, has advised that
there is no longer a CSFS Wildfire guideline. The CSFS has been using the
NFPA 299, Standard for Protection of Life and Property from Wildfire for the
past several years. In addition, they promote the use of "Defensible Space"
and accessibility to properties. Cop ies of materials which may further
define/describe these topics can be obtained from the CSFS or from the
GVFPD.
If the NFP A 299 standard and the recommendations of the CSFS are made apart of the
plat filing, as Mr. Watkins has stated he would do, and compliance is required, the
concerns of the Grand Valley Fire Protection District shall be met. It must also be
understood that this review is given with the understanding that the parcels are being used
as single residence properties and not multi-residence properties, i.e. true subdivisions . If
this is to be the case, then a much more in depth study will need to be done and a year
round fire protection system designed/developed.
• ' I ..
• 'I , I .~ I • •
If you have any questions regarding this review or any other questions concerning the
Grand Valley Fire Protection District, I can be reached at 285-9119.
David A. Blair
SJQAG (9~
District Fire Chief
Grand Valley Fire Protection District
Attachment:
NFPA299
NFPA 1141
cc: Garfield County Commissioners
GVFPD Board files
Parachute/Battlement Mesa Vol. Fire Dept., Fire Chief, Gary Mahaffey
File
' ... •
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24
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29 BLM 28
31 32 33
Pal4
• ({if;//w @. ({jf4 RECEIVED
FFR 1 ~ 2003
GARFIELD COUNTY
BUlLOING & PLANNING
~ (970) 286-7990
C(S_su;J,a.. ~@,,,At'MMJ&
February 12 , 2003
Garfield County Planning Dept
ATT : Tamara Pregl
108 8th Street, Suite 201
Glenwood Springs, CO 81601
~at .fl'tuu,
v.' (). fif00 47 §
@'11~. ?if() 8168§
~ (97o) 286-9104
fl~~ (970) 946-8818
Re : Coulter's Pocket L.L.C . -Subdivision Exemption Application
Dear Tamara:
It was nice to speak with you . I am writing in response to your January 30th correspondence .
1. Enclosed please find 6 copies of the Sk etch Map at the scale of l" = 200'. The scale and
direction are indicated on the Sketch Map .
2 . Enclosed please find printout of well permits issued by the Division of Water Resources.
Jack Pavisich and Kathryn Enyeart well s are located in the quarter/quarter sections
immediately south of the subject property being within 114 mile of the subject property.
Both wells show a yield of 15 . 00 gallons per minute . The Alvin Winter wells are in the
quarter/quarter section to the south/west corner of the subject property and show yields of
15 . 00 gallons per minute and 13 . 00 gallons per minutes and being within 114 mile of the
subject property. These entries should satisfy section 8:42 (D) of the Subdivision
Regulations .
3. Also enclosed are 6 copies of the letter dated Feb . 5, 2003 , from the Grand Valley Fire
Protection District for this Coulter' s Pocket LLC application .
Should you need anything else to complete the review process or you have any
questions/comments, please feel free to call me at the numbers shown above .
Kindest regards,
Billie G . Burchfield
REPORT DATE
Tu e Feb 11 13:56 :22 MST 2003
PERMIT D CTY OWNER INFORMATI ON
ACT IV ITY STATUS
• COLORADO WELLS , APPLICATION~D PERMITS
COLORADO DIVISION OF WATER ~UCES
1ST USE D ANN AREA GEOL W ELL WE LL WTR SEC LOC
108186 5 GAR ENYE ART J WALTER & KATHRYN BOX 244 PAR AC HUTE , CO 81635
NP 06-04 -1979 SA 07-14-1981 45 8 04 -30-1981 0 1.00 GW 15 .00 200 170 100N ,1250W
RECEIVED
I . ~
GARFIE::.LD COUNTY
r:lUILDING & PLANNING
PAGE 1
TWN p
NWNW 16 7S 95W S
REPORT DATE
Tue Feb 11 13:53:41MST2003 •
COLORADO WELLS, APPLICATION~·D PERMITS
COLORADO DIVISION OF WATER RWUCES
PERMIT D CTY OWNER INFORMATION
ACTIVITY STATUS 1 ST USED ANN AREA GEOL WELL WELL WTR SEC LOG
169273 5 GAR WINTER ALVIN R 0926 • 308 RD PARACHUTE. CO 81635
111583 5 GAR GARDNER G R GRAND VLL Y, CO 81635
119545 5 GAR SAVAGEJOHNW 1122-293RD.RIFLE,C081650
119545A 5 GAR SAVAGE ROYE 5953-320 RD RIFLE, CO 81650·
92020 5 GAR PATTON EARLE & MAXINE C ROUTE 1 GRAND VALLY, CO 81635
22935MH 5 GAR GARDNER MR & MRS GEORGE C/O COLLINS DRILLING INC BOX 0516 CARBONDALE, CO 81623
206247 5 GAR YATER ALEX & BRENDA BOX 408 PARACHUTE , CO 81635
52803F 5 GAR YATER ALEX & BRENDA P 0 BOX 408 PARACHUTE, CO 81635-
8517AD 5 GAR GARDNER GEORGE R. GRAND VALLEY, CO 81635
201614 5 GAR RIVELLI BARBARA LOU 421 303 RD PARACHUTE, CO 81635
51470F 5 GAR ALLRED BARBARA L P 0 BOX 6416 BATTLEMENT MESA, CO 81636·
51470FR 5 GAR ALLRED BARBARA L PO BOX 6416 BATTLEMENT MESA, CO 81636-
103600 5 GAR SCHAEFER MICHAEL F RT 1 BOX 35B GRAND VALLEY, CO 81635
211946 5 GAR WEHR GANT LENA ESTATE OF % STUVER & GEORGE PC BOX 907 RIFLE, CO 81650
56566F 5 GAR MONUMENT RIDGE HOMEOWNERS ASSOCIATION % HEINEMAN PETER 19423 N TURKEY CREEK RD STE B MORRISON , CO 80465-LOT
56582F 5 GAR MONUMENT RIDGE HOMEOWNERS ASSOCIATION % HEINEMAN PETER 19423 N TURKEY CREEK RD STE 8 MORRISON, CO 80465-LOT
56583F 5 GAR MONUMENT RIDGE HOMEOWNERS ASSOCIATION % HEINEMAN PETER 19423 N TURKEY CREEK RD STE 8 MORRISON, CO 80465-LOT
NP 04-10..2001 SP 12-13-2001 45 8 A 0 2500.00 TW 15.00 142 BO 1000S 420W SWSW 17
RECEIVED
~n~ ;111q
GARFIELD COUNTY
BUlLDING & PLANNING
PAGE 1
TWN p
7S 95W S
Southwest 1/ 16 Corner Sf!;tion 9
Rebar and (illegible)
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--------664.23'--
8 cn
a a
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Coulter's Pocket LLC
Exemption-Parcel 1
17.4 Acres
\ r-~: ... I .
,,\ \ \ ... q ·\
l,f,.,,,
11_.· .. • (\ \ ~" . "'.I ,, \ ...
,:::""\', ~}\ ''
Coulter's Pocket LLC
Exemption-Parcel 2
Coulter's Pocke1
Exemption -Pare
17.4 Acres I 17.4 Acres
.-------P.JOK 307, PAGE372 ~--
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----·~------~----:--::---:""~~·--=:~-:---·-t""':"'·~-::--=~-~--~-~--""':'~-.~·~·-----;_-~·.~-:~·"""."t---::--~""7-.-·,."'!'"·"l"""'"7":.--~ .. -:::·""':"'---~ ....
32' access/utility ea,$er()ent
I k ·-··~ • ---«~"'--
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I
February 5, 2003
Billie G . Burchfield
POBox475
Parachute, CO 81635
•
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BAITLEMENT PARKW AV
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, Ji,AX (970) 235-97 48
•
Subject: Fire Protection Plan for Coulter' s Pocket, LLC Application
Mr. Burchfield.
RECEIVED
Ff-"R ;., J11,1
BU~FIELO COUNTY
ING & PLANNING
I have reviewed the applicant 's request and have verified that it lies within the Grand Valley Fire
Protection District . The applicant will need to provide the following minimum fire protection
practices as apart of their "Fire Protection Plan".
The options available to you include either a local water supply for each residence or a central
pressurized water supply for all residence as well as fire protection sprinkleTS. Because of the size
of your project, it would appear that the lOGilized watec supply systems (NFP A 1231) and fire
protection sprinkles might be better suited to provide such protection.
The use of sprinklers in new construction is always encouraged, and has proved to be both cost
effective and to have made the critical difference in the "saving of a structure". The key element
of a 130 system is to provide enough suppressant to get the occupants out of the residence. The
system is designed to provide a 10-rninute water supply. In a normal urban setting, with prompt
notification to the fire department, a response and extinguishment can be started during this 10-
minute time frame . However, with a small volunteer fire department, which does not staff fire
station crews, response times can be much longer. Hence, it is hoped the sprinklers provided
enough time for the occupants to leave, but the fire has most likely continued to burn, and after
the lOMminute period of water delivery, the fire may again start actively burning. Fire sprinklers
are not required in structures less than 3500 square feet, however we encourage homeowners to .
consider their value and the benefits that they may provide in the event of an actual fire .
The recommendations of NFP A 1231 are to have a water supply located within 150 feet of a
residence, a 4 W' hydrant connection capable of providing 500 gpm and a capacity to be
determined by the square footage of the residence. After consulting other fire agencies within
Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for
residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500
square feet. Residences over 3500 square feet will need to have both the calculated size storage
tank and a sprinkler system to provide initial knockdown capabilities. As tar as access I egress
requirements & defensible space, the Colorado State Forest Service has recommended using the
NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire
I • •
Protection District, as well as the other fire districts within Garlield County, has adopted this as
the standard within its boundaries .
Other issues to be included and noted in the proposal are as follows:
» If a sprinkler system is installed, the requirements for NFPA 130 will be adhered to . A
minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is
required. The storage tank used for fire protection will be separate from that used for
domestic use. If a homeowner wishes to combine the water supply for both the sprinkler
system and domestic use, the requirements of the code shall be met. Annual inspection I
maintenance and reporting requirements of a sprinkler system are the responsibility of the
homeowner. For structures over 3500 square feet , an approved fire protection sprinkler
system will be required. The sprinkler system is to be supplied from the firewater cistern
(for those structures 3500 square feet or greater). » An agreement to use the water stored in a fire water cistern, in the event of an emergency,
is not limited to the specific residence where it is located and that its use/need is at the
discretion of the fire department.
~ . The water supply (fiie water cistern) is for fire protection only, not to be used for
domestic use. If the homeowner wishes to combine the firewater cistern with domestic
use water, an additional amount of storage will be required to maintain the minimum
required :firewater protection capacities.
» I recommend that the Garfield County Road & Bridge Department verify that an
additional curb cut off of East Battlement Parkway is not needed. The access off of East
Battlement Parkway currently requires a 90-degree turn and then a second and then a third
into the project area. I am not sure that there is enough space to meet all the turning
requirements of our equipment with out coming straight out onto East Battlement
Parkway.
If the above conditions are met and/or made apart of a plat note to be a requirement of the new
owner prior to the issuance of a building application, the Grand Valley Fire Protection District has
no further concerns regarding this project.
lfl can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851.
David A. Blair
District Fire Chief, GVFPD
Xe; Garfield County Building & Planning Depanment
File
February 5, 2003
Billie G . Burchfield
PO~ox475
Parachute, CO 81635
• • GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Subject: Fire Protection Plan for Coulter' s Pocket, LLC Application
Mr. Burchfield,
I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire
Protection District . The applicant will need to provide the following minimum fire protection
practices as apart of their "Fire Protection Plan".
The options available to you include either a local water supply for each residence or a central
pressurized water supply for all residence as well as fi r e protection sprinklers . Because of the size
of your project, it would appear that the localized water supply systems (NFP A 1231) and fire
protection sprinkles might be better suited to provide such protection.
The use of sprinklers in new construction is always encouraged, and has proved to be both cost
effective and to have made the critical difference in the "saving of a structure". The key element
of a 13D system is to provide enough suppressant to get the occupants out of the residence . The
system is designed to provide a 10-minute water supply. In a normal urban setting, with prompt
notification to the fire department, a response and extinguishment can be started during this 10-
minute time frame. However, with a small volunteer fire department, which does not staff fire
station crews, response times can be much longer. Hence, it is hoped the sprinklers provided
enough tin1e for the occupants to leave, but the fire has most likely continued to bum, and after
the 10-minute period of water delivery, the fire may again start actively burning. Fire sprinklers
are not required in structures less than 3500 square feet, however we encourage homeowners to
consider their value and the benefits that they may provide in the event of an actual fire .
The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a
residence, a 4 1h'' hydrant connection capable of providing 500 gpm and a capacity to be
determined by the square footage of the residence . After consulting other fire agencies within
Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for
residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500
square feet. Residences over 3500 square feet will need to have both the calculated size storage
tank and a sprinkler system to provide initial knockdown capabilities . As far as access I egress
requirements & defensible space, the Colorado State Forest Service has recommended using the
NFP A 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire
• • Protection District, as well as the other fire districts wi thin Garfield County, has adopted this as
the standard within its boundaries .
Other issues to be included and noted in the proposal are as follows :
~ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A
minimum flow of 26 gpm with duration often minutes or 260 gallons (see Section 2-1) is
required . The storage tank used for fire protection will be separate from that used for
domestic use. If a homeowner wishes to combine the water supply for both the sprinkler
system and domestic use, the requirements of the code shall be met . Annual inspection I
maintenance and reporting requirements of a sprinkler system are the responsibility of the
homeowner. For structures over 3500 square feet, an approved fire protection sprinkler
system will be required . The sprinkler system is to be supplied from the firewater cistern
(for those structures 3500 square feet or greater).
~ An agreement to use the water stored in a fire water cistern, in the event of an emergency,
is not limited to the specific residence where it is located and that its use/need is at the
discretion of the fire department.
~ The water supply (fire water cistern) is fo r fire protection only, not to be used for
domestic use. If the homeowner wishes to combine the firewater cistern with domestic
use water, an additional amount of storage will be required to maintain the minimum
required firewater protection capacities.
~ I recommend that the Garfield County Road & Bridge Department verify that an
additional curb cut off of East Battlement Parkway is not needed. The access off of East
Battlement Parkway currently requires a 90-degree tum and then a second and then a third
into the project area. I am not sure that there is enough space to meet all the turning
requirements of our equipment with out coming straight out onto East Battlement
Parkway .
If the above conditions are met and/or made apart of a plat note to be a requirement of the · new
owner prior to the issuance of a building application, the Grand Valley Fire Protection District has
no further concerns regarding this project.
Ifl can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851.
David A. Blair
District Fire Chief, GVFPD
Xe: Garfield County Building & Planning Department
File
FAX NUMBER:
PHONE NUMBER:
RE:
• •
GRAND VALLEY FIR.E PROTECTION DISTRICT
1777 SOUTH BATTLEMENT P ·ARKWAY·
P.O. BOX 295
PARACHUTE, CO 81635-0295
970 285-9119, OFFICE
970 285-9748, FAX
FACSIMILE TRANSMITTAL SHEET
FROM:
David A. Blair, District Fire Orief
DATE:
TOTAL NO. OF PAGES INa.uDlNG COVER:
3
SENDER'S REFERENCE NUMBER:
YOUR REFERENCE NUMBER:
0 URGENT D FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
( I V-1.-11 o LO <l ( 7-<-=r-Fa k___ f0 0 t f\""' S' 'Le.) !:::: Vl-1 ,00-y> c 0 S' 0 () .-J a . Yao rLC
U) iT)-1 ;t.GJ;?cZ-1 TD <;u&0,u1stvf /.L.:Vr~'IS. ( J4<1'-<-~ov--S' c_~,<..l'fwri-&6 Jf"
I~ l VJ4-l fk_c_~~5 o?"r oP Ii iArTZ&??A-e-~r~~,...1 .
. 6 "''(ti' & • / ic~~ l,_=/ ~o~
--] ( CONFIDENTIAU1YNOTICE
~ {o.,J ~ 6ittrrlc /V'-v:;...-, /1~c.u 1
THIS FACSIMILE TRANSMISSION AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION
BELONGING TO THE SENDER, WHICH MAY BE CONFIDENTAL AND LEGALLY PRlVILEDGED. THIS
INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM THIS
FACSIMILE TRANSMISSION WAS SENT AS INDICATED A BOVE . IF YOU ARE NOT THE INTENDED
RECIPrENT, ANY DISCLOSURE, COPYING, DISTRIBUTION . OR ACTION TAKEN IN RELIANCE ON THE
CONTEDTS OF THE INFORMATION CONTAINED lN T H IS FACSIMILE TRANSMISSION IS STRICTLY
PROHIBITED . IF YOU HAVE RECEIVED THIS TRANSMISSION JN ERROR. PLEASE CALL (970) 285-9119 TO
AR.ANGE FOR THE RETURN OF THIS DOCUMENT TO US. THANK YOU
' ,
February.5, 2003
Gary L. Watkins
Watkins Realty
PO Box 518
• • GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Subject: Fire Protection Plan for Watkins Realty Subdivision Application
Mr. Watkins,
I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire
Protection District. The applicant will need to provide the following minimum fire protection
practices as apart of their "Fire Protection Plan".
The options available to you include either a local water supply for each residence or a central
pressurized water supply for all residence as well as fire protection sprinklers . Because of the size
of your project, it would appear that the localized water supply systems (NFPA 1231) and fire
protection sprinkles might be better suited to provide such protection.
The use of sprinklers in new construction is always encouraged, and has pro"'.ed to be both cost
effective and to have made the critical difference in the "saving of a structure". The key element
of a 13D system is to provide enough suppressant to get the occupants out of the residence . The
system is designed to provide a 10-minute water supply . In a normal urban setting, with prompt
notification to the fire department, a response and extinguishment can be started during this 10-
minute time frame . However, with a small volunteer fire department, which does not staff fire
station crews, response times can be much longer. Hence, it is hoped the sprinklers provided
enough time for the occupants to leave, but the fire has most likely continued to burn, and after
the 10-minute period of water delivery, the fire may again start actively burning. Fire sprinklers
are not required in structures less than 3 500 square feet, however we encourage homeowners to
consider their value and the benefits that they may provide in the event of an actual fire.
The recommendations of NFP A 1231 are to have a water supply located within 150 feet of a
residence, a 4 Yi" hydrant connection capable of providing 500 gpm and a capacity to be
determined by the square footage of the residence. After consulting other fire agencies within
Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for
residence under 3500 square feet . Sprinkler systems would be optional for residence up to 3500
square feet . Residences over 3 500 square feet will need to have both the calculated size storage
tank and a sprinkler system to provide initial knockdown capabilities . As far as access I egress
requirements & defensible space, the Colorado State Forest Service has recommended using the
NFP A 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire
• • Protection District, as well as the other fire districts wi thin Garfield County, has adopted this as
the standard within its boundaries .
Other issues to be included and noted in the proposal are as follows :
~ If a sprinkler system is installed, the requirements for NFP A 13D will be adhered to . A
minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is
required . The storage tank used for fire prot ection will be separate from that used for
domestic use. If a homeowner wishes to combine the water supply for both the sprinkler
system and domestic use, the requirements of the code shall be met . Annual inspection I
maintenance and reporting requirements of a sprinkler system are the responsibility of the
homeowner. For structures over 3500 square feet , an approved fire protection sprinkler
system will be required. The sprinkler system is to be supplied from the firewater cistern
(for those structures 3500 square feet or greater).
~ An agreement to use the water stored in a fire water cistern, in the event of an emergency,
is not limited to the specific residence where it is located and that its use/need is at the
discretion of the fire department.
~ The water supply (fire water cistern) is for fire protection only, not to be used for
domestic use . If the homeowner wishes to co mbine the fire water cistern with domestic
use water, an additional amount of storage will be required t o maintain the minimum
required fire water protection capacities .
~ I recommend that the Garfield County Road & Bridge Department verify that an
additional curb cut off of East Battlement Parkway is not needed . The access off of East
Battlement Parkway currently requires a 90 degree tum and then a second and then a third
into the project area. I am not sure that there is enough space to meet all the turning
requirements of our equipment with out coming straight out onto East Battlement
Parkway.
If the above conditions are met and/or made apart of a plat note to be a requirement of the new
owner prior to the issuance of a building application, t he Grand Valley Fire Protection District. has
no further concerns regarding this project.
If I can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851.
fJ Q/t
David A. Blair
District Fire Chief, GVFPD
Xe: Garfield County Building & Planning Department
File
'
BILLIE BUR CHFIELD 970 285 9104 01 1 141 0 8 01 :4 1 pm P. 001 • • Billie G. Burchfield
Attorney at Law
FACSIMILE COVER SHEET
Date: January 14, 2003
PLEASE DELIVER AS SOON AS POSSIBLE TO:
Name:
Fax:
From:
Re:
David A. Blair,
District Fire Chief
FACSIMJLE NO . (970) 285-9748
Billie G. Burchfield/Kim Lovlin
Review of the Watkins Realty Subdivision Application
Message:
Transmitted for your information is a copy of a letter dated August 26, 2000 from
yourself regarding the above-mentioned subdivision. We are re-applying only for T.
7 S., R. 95 W. of the 6111 P.M., Sec. 9: the east 30 acres of the SW 114 SW 1/4 and the
SE 1/4 SW 114 to create four (4) 17.5 acre tracts (copy attached). Would you please
update your letter for the subdivision application as described above.
Please contact my office if you have any questions or concerns.
Total nwnber of pages 6 (including this cover sheet ). If you do not receive all of the pages, please
call Kim at the numbers shown below as soon as possible.
IMPORTANT : nns COMMUNICATION rs INTENDED SOLELY FOR THE USE OF THE
PERSONS NAMED ABOVE OR OTHERS AUTIIORIZED TO RECEIVE IT . THIS
COMMUNICATION MAY INCLUDE PRIVILE GED AND CONFIDENTIAL INFORMATION
AND ANY USE, DISSEMINATION OR REPRODUCTION BY UNAUTHORIZED PERSONS
IS ABSOLUTELY PROHIBITED. IF YOU HA VE RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY.
ORIGINAL DOCUMENT(S) WILL () WILL NOT (X) FOLLOW IN THE MAIL
tllattre-.t ~es• • ~O. r&-t 475 • <Pa~..a.u, CokrJ~ 8163 5 • 'l'ekpio• (910} 285-7990 • 'F,q:(970) ZBJ-9104 'Ukp&. (970) 945-8818
BILLIE BURCHFIELD 9~ 285 9104 01/14103 01:41pm P. 002 • •
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
August 26, 2000
Gary L. Watkins
Watkins Realty
PO Box 518
Parachute, CO 81635
Subject: Review of the Watkins Reality Subdivision Application
Gary,
I have reviewed the request made by your company and offer the following regarding the
fire protection plan submitted:
1. The property, descnbed and shown on t he attached reference map, is within
the Grand Valley Fire Protection District's boundaries.
2. We would request that the County Commissioners abide by and enforce the
NFPA 299, Standard for Protection of Life and Property from WJ.ldfire
reeommendations as it relates to roads and driveway specifications.
Roads into the Subdivision:
It is the sub-dividers intent to use County Road 354 as the main road into
the subdivision. It is unknown as to who is the actual owner of this road at
present. We request the following pertaining to access/egress:
a) NFP A 299, 5-2.1 Roadways Required. Roadways shall be required
when routes of access serve three or more dwellings. Roadways shall
be designed and constructed to allow evacuation simultaneously with
fire department operations.
b) Width and Vertical Clearance. The road is put back to Cowity
specifications and/or those required by NFPA 299 standards. NFP A
299, 5-2.2, Width and Vertical Clearance. Simultaneous access for
emergency vehicles and the evacuation of residents shall be provided
for by a traveled way of not less than 24 ft horizontally and 14.5 ft
vertically. If two separate, one-way routes are provided, the width of
each route shall not be less than 16 ft.
BILLIE BURCHFIELD 970 2 85 9104 01 /14/0 8 01:4 1pm P. 008 • •
c) NFPA 299 , 5-2.7, Dead Ends. Every dead-end roadway more than 300
ft in length shall be provided with a t urnaround at the terminus having
no less than 120ft outside diameter of traveled way.
d) Additional specifications for shoulders, parking, gate openings and
locking devices shall also apply.
Driveways/Roadways into individual home sites:
a) NFPA 299, 5-3 .2 Width and Vertical Clearance. Fire service access,
including bridges, shall be a minimwn of 12 ft in width and have a
vertical clearance of at least 14.5 ft over its full width.
b) NFPA 299, 5-3.4 Turns. Fire service access turns shall not restrict
access of the largest emergency vehicle, as determined by the AlU,
likely to be operated on the fire service access.
c) NFPA 299rn 5-3.6 Construction. All fire service access, including
bridges, shall be designed and constructed with an all-weather surface
adequate to support the heaviest piece of fire apparatus likely to be
operated on the fire service access as designated by the AIU.
d) Addit ional specifications for gate openings, locking devices, easements
Rights-of way, maximum grades and dead ends shall also apply.
e) In addition, where applicable, all driveways shall conform to NFPA
1141.
3. The closest municipal water main or fire hydrant is located on Battlement
Mesa. This is a private water supply system and any cost for water use in the
event of a fire will be passed onto the landowner. All home sites will have to
have potable wells drilled, which in most instances are not large enough for fire
protection uses. In the event that a home owners water supply is insuffiecient,
water will have to be shuttled in from other sources. Time delays for set up
and shuttling are to be expected, which may increase the damages to private
property.
4 . The Colorado State Forest Service, Grand Junction District, has advised that
there is no longer a CSFS Wildfire guideline. The CSFS has been using the
NFP A 299, Standard for Protection of Life and Property from Wildfire for the
past several years. In addition, they promote the use of "Defensible Space"
and accessibility to properties. Copies of materials which may further
define/describe these topics can be obtained from the CSFS or from the
GVFPD.
If the NFP A 299 standard and the recommendations of the CSFS are made apart of the
plat filing, as Mr. Watkins has stated he would do, and compliance is required, the
concerns of the Grand Valley Fire Protection District shall be met. It must also be
understood that this review is given with the understanding that the parcels are being used
as single residence properties and not multi-residence properties, i.e. true subdivisions. If
this is to be the case, then a much more in depth st udy will need to be done and a year
round fire protection system designed/developed.
BILLlE BURCHFIELD 97Ql 285 9104 01 /14 /03 01:41pm P . 004 • •
If you have any questions regarding this review or any other questions concerning the
Grand Valley Fire Protection District, I can be reached at 285-9119.
David A. Blair
District Fire Chief
Q Q_ A ~ (cc)tb
Grand Valley Fire Protection District
Attachment:
NFPA299
NFPA 1141
cc: Garfield County Commissioners
OVFPD Board files
Parachute/Battlement Mesa Vol. Fire Dept., Fire Chie( Gary Mahaffey
File
B I LLIE BURCHFIELD • 970 285 9104 01 1 14/08 01:41pm P. 005 • . .
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crg-_[M;a, ~@mo"'·"°""'
February 24, 2003
Garfield County Planning Dept
ATT: Tamara Pregl
108 gth Street, Suite 201
Glenwood Springs, CO 81601
~ (970) 285-9104
[Dlmuoood~ (97o) 945-8818
Re: Coulter's Pocket L.L.C . -Subdivision Exemption Application
Dear Tamara:
I am writing in response to your February 18th correspondence .
Regarding the requirements of 8 :52 see the following :
A. Title documents were provided with original application and four parcels are being
requested .
B. All Garfield County zoning requirements will be met, zoning is ARRD .
C . Legal easements and access to a public right-of-way have been provided with original
application.
D . Provision has been made for adequate source of water by legal well permits and proof of 3
wells within a quarter of a mile of the proposed exemption lands. Sewage disposal will be
septic and leach field for each parcel.
E. All state and local environmental and safety requirements will be met.
F . Provision will be made for any required road drainage improvements.
G. Fire protection has been approved by the Grand Valley Fire Protection District. Impact
fees will be paid upon determination and approval by the Board of County Commissioners
and Planning Commission.
H. All necessary drainage and utility easements have been obtained as shown in the easement
agreements filed with the original application.
I . All school fees, taxes and special assessments are paid current as of this date .
February 24, 2003 • Garfield Planning -Tamara Pregl
Page Two
Regarding the requirements of 8 :60 see the following :
•
A Requested exemption is in conformance with Garfield County Comprehensive Plan.
B . The proposed exemption is compatible with existing land uses in the surrounding area .
Average tracts of lands in the area are from 5 acres to 40 acre tracts utilized as agricultural
and residential rural density. Four parcels of approximately 17 .5 acres to be used as
residential sites and agricultural are consistent with surrounding uses shown in the Winter
subdivision exemption, Pavisich subdivision exemption and Enyeart subdivision
exemptions adjacent to the subject property.
C . There is no municipality within 3 miles of the proposed exemption.
D . Planning Department will obtain any r ecommendations of state or local agencies whose
opinion the Board determines is necessary or appropriate .
E . Soil analysis was provided with the original application .
F . Four lots containing approximately 17 . 5 acres each for single family dwelling units will be
created by the proposed exemption.
G . Due to the large size of the parcels to be created no additional open space is provided for
within the proposed exemption .
H. Each parcel of 17 . 5 acres will have only the number of dwellings permitted by zoning and
county regulations, each with a private drive and surplus area for adequate off-street
parking .
I. Required plat notes will be incorporated into the final plat upon approval .
Should you have any further comments or questions, please feel free to contact me .
Kindest regards,
~~PJ
Billie Burchfield
ragt: i u1 i • •
Fred Jarman
From: Jake Mall
Sent: Wednesday, September 08, 2004 8:50 AM
To: Fred Jarman
Subject: Coulter Pocket
Fred:
The driveway extension that was added on to the access to East Battlement Parkway meets the requirements
requested by the fire district and Road and Bridge. I checked the access twice during the rain this weekend and
there was no drainage onto the Parkway. I received no complaint from Mr. Tonders about drainage onto his
property, which I hope is a good sign. I will be out of my office until the 27th and then again until after the first.
Give me a call on my cell phone and let me know what we need to do to finish this up.
Thanks
Jake B. Mall
Garfield County Road and Bridge Department
9/8/2004
•
INTEROFFICE MEMORANDUM
To: Fred Jarman, Building and Planning Department
From: Scott Aibner -Garfield County Surveyor
Subject: Coulters Pocket Subdivision Exemption
Date: 9/28/2004
Dear Fred,
Upon review of the Coulters Pocket Subdivision Exemption, I have prepared a list of
comments or corrections to be made prior to approval for survey content and form.
1. It would be very helpful in reading the exterior boundary if overall distances
were labeled following the bearing i .e . along the north and south boundaries.
Once these comments have been addressed , the surveyor may prepare the mylar
for record pending further requirements from your office.
cott Aibner
As Garfield County Surveyor
cc Michael Langhorne -Bookcliff Survey Services, Inc.
• •
OCT 0 8 2004 ~ilfie~ ~~
~ (970) 288-7990
CiS-~ ~@»Mn-.O<>m
October 5, 2004
Battlement Mesa Company
Attn: Lynn Shore
73 G Sipprelle Drive
Parachute, CO 81635
~~~
@:' {). @r()(D 47 §
@'5'~ <@() 8163§
~ (970) 288-91W
f!j~{{j'fk,,., (970) 946-8818
HAND DELNERED
Re: Coulter's Pocket Subdivision Exemption
Dear Lynn,
I have been requested to provide Battlement Mesa Company with engineering and provision for
drainage in the Coulter's Pocket Subdivision Exemption. This exemption creates four lots of
approximatdy 17.5 acres each. Access to these lots is via Battlement Parkway. The road and culverts
have been constructed and have diminated the problem of mud flows on Battlement Parkway. Recent
heavy rains have proven that the road construction has fully addressed this problem. I am enclosing an
engineered drawing showing the parameters for the road construction and culvert installations. I am also
enclosing correspondence from Nate Bell of Gamba&: Associates which indicates that a negligible, if any,
increase in runoff is anticipated due to the large size of t he parcels. I am also enclosing provisions from
the Coulter's Pocket Covenants which further provides for drainage control and incorporates water
management and sediment control during construction on the subject lots. I believe these documents
have completdy addressed drainage is :;ues r~ted to t his subdivision exemption.
I would appreciate a prompt response as this subdivision exemption is ready for final approval by
the county. Should you have any questions or comments, please fed free to contact me at the numbers
shown above.
Kindest regards,
Assistant to Ms. Burchfidd
cc: Bosely c---Fredjannan
Water Mete r
Concrete Pa n has been ------_.;JJ
exte nded to north
approximately 3 0 '
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18-irc h cu lvert d irecti ng north side ditch
fto wu nder the existing entrance to the
main drainage on south side of road . Rise
in road over pipe. Culvert grade = 2.15 %
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road side ditches have been constru cted to ca rry flo w to culvert . Ditches a
V-ty pe configu rat ion app roxi mately 12-inch es deep with a steeper grade on the
outs ide edge of the ditches . Th e co nfigu ration of the ditch shou ld allow fo r
adeq uate flo w .
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Flow Line
Existing 12 .. CMP
/n u. Eleu. • 5376.01·
NOTES:
GRAPHIC SCALE JN FEET
I M;>l •Ol)FfCT
CO"l'°""»<TVl\lo.L••HIT
1. Survey and existing conditi ons layou t was provided by Bookcl iff Surveyi ng . inc. of Rifle , CO .
2 . The structures sizes were estimat&d using typical sizes .
3 . Gamba & Associates . inc. is not re spons ible for any inaccuracies in the origi nal data provi ded
nor for an y damage fr om fl oo ding due to undersizing o f drain age structures.
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GA MBA
& ASSOCIATES
CON ::i ULTING ENGINEERS
& LAND SURVEYORS
WWW .OA M •AC NOi" CI: R J NO .COM
PHONE: 970/945-2550
FAX: 970/94 5 -1410
113 NINTH S TREET,
SUITE 2 1 4
P .O. Bo x 1 458
GLENWOOD S P RINGS,
COLORADO 81602-1458
•
July 15, 2004
Billie Burchfield
P .O. Box 475
Parachute, Colorado 81635
RE: Coulter's Pocket Subdivision Exemption
Dear Ms. Burchfield
•
Pe r the request of Maryanne Bosely, we have performed a review of the Coulter's
Pocket entrance reconstruction as well as an assessment of drainage for
development within the lots. The proj e ct consi s ts of 4 lots approximately 17-acres
in size and a road from the East Battlement Parkway to a cul-de-sac for the lots.
We conducted a site visit on July 2, 2004 in order to review the reconstructive
effort for the entrance area onto Eas t Battlement Parkway. Subsequent to the site
visit, Bookcliff Surveying out of Rifle performed a survey of the general area,
which was forwarded to us.
Prior to our site visit, a roadside ditch had been constructed along the south side
of the entrance road that tied into the main drainage culvert leading under the
Parkway. A culvert had been placed under the entrance road draining the north
side of the road to the south and into the same main drainage culvert. At the
location of the culvert, a rise was con structed in the road in order to direct runoff
that may have overtopped the culvert into the main drainage on the south. During
the site visit, the contractor was instructed to create a roadside ditch along the
north edge of the entrance road in o rde r to d ire ct flow from the north along th e
road to the cul vert inlet. The survey indicate s a ditch has been constructed alo ng
the north side . However, we have not visually in spected this ditch. The
reconstructed configuration of ditches and culvert should be adequate to direct the
majority of the flow into the existing drainage structures and away from the Ea st
Battlement Parkway.
The entrance directly adjacent to the Parkway is relati vely flat and small in area,
therefore, a significant volume of runoff should not accumulate and nm ont o the
Parkway. The road to the south of the Coulter's Pocket road accesssing the
Parkway at the same location may have some runoff associated with it that n ;ay
carry sediment into the Parkway .
The development itself con s ists of 4 s ingle-family res id ential lots approxim at e ly
17 -acres in size. The practi c e o f storm water m anage ment requires that rates o f
runoff from various storm sizes do no t increase from what his torically has run off
the site, prior to improvements . These requirements are based on "rates" of
runoff, which is a quantity over a specified time frame . This number is typic nlly
increased by an increa se in impermeable or harder surfaces (i.e. Pavement,
Coulter 's Pocket Subdivision Exemption
July I 5, 2004
Pa g e I of 2
concrete, rooftops) throughout the developed area . However, an increase in the rate of runoff
does not always occur, particularly when dealing with larger parcels such as these. We have
determined on similar projects in the past that not only is there an increase in less permeable
surfaces but there is also an increase in more permeab le areas due to lawns or other more densely
vegetated areas around residences when development occurs on some parcels. Past calculations
on similar projects have indicated that there tends to be a negligible increase, if any, in the ra t e of
runoff due to single-family residential construction on these larger parcels. We would anticipate
a similar situation for these lots as long as the improve ments consist of single-family residential
units of a moderate size with standard accessories such as driveways and minimal outbuildings.
Ev ~n though the rate of runoff may not be increased due to construction on these lots, standard
sto1 ,.1 water management and sediment control practices should be incorporated during
construction to eliminate sediment from running off the si te. The se practice s can include but are
not limited to silt fenci ng, hay check dams and other sediment controlling devices.
If you have any questio ns, please call.
Sincerel y,
Gamba & Associates, Inc .
Nathan J. Bell, P .E. 33401
H:\03415\G A const ru ction review 071504 .doc
Coulter 's Po cket Su bdivision Exemption
July 15, 200 -1
Page 2of2
•
March 22, 2004
David Blair
Mary Anne Boscly
Coulter's Pocket LLC
Box 26
Woody Creek, CO 81656
Grand Valley Fire Protection District
1777 E. Battlement Parkway
Parachute, CO 81635
•
Subject: Fire Protection Plan for Coulter's Pocket , LLC Application
Mr. Blair:
Based on our on site visit with you at Coulter's Po c ket in the fall of 2003, it is our
understanding in order to comply with the fire dist r ict's requirements , we will do a curb
cut, and add an apron north of the entrance of approximately 30 feet. Also , we will move
the stop sign to the north edge ofthe curb cut. Thi s realigned access shall be adequate to
meet the turning requirements of the Fire District equipment without taking access onto
County Road 308 (Battlement Parkway) directly. If this meets your requirements, please
sign this letter and we will proceed. Thank you.
Sincerely,
~-~
Mary A1me Bosely
Noel Richardson
Coulter' s Pocket , LLC e
David Blair £J Q4 ~
District Fire Chief, GVFPD
·· .. '~,-,
(t) ~ .. f Dc~'t L ~\ --(Vt .s~c
I~-
•
Application for Driveway P~rmit
AppllcaJion Date: 11/J. 312003
T~nnination Da~J01200!_)
Disuict: 3
Permit Number:133 Permitu: Muy Ann Bosley
Co1111ty Road Nwnber: 300A /11S~ctor: JaJ.e Mall
Swb-Omtractor:
hereby requ~ts permission Jnd authority fr(\m the Board of County Commissioners tc construct & drivc...vay .\pproach (cs)
on the right--0f-way off of County RoacJ..1.@A. At address of 1586 CR 300. adjacent to Applic.3.nt 's property located on
the .E.ut side of road for the purpose cf obtaining au:ess to property .
Applicant submits herew :th for the consideration and approval of the Boa:d of County c\.~mmissioners. a sketch of the
proposed installation showing all the no;es.sary specification detail inc luding:
l. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed drivcwa~ and angle ofappr1'.!ch .
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating drivcwa)s if more :flan on e approach.
1. Setback dutance ofbuiJding(s) ond other !;tructure i&nprovements .
8. No unloading of equipment on county road. any damage caused to county road will be r<-"paired Ill subdivision
ex.pen<;e .
9 . Responsible for two years mJm the date of completion.
c~neral Proyjsfons
l) The applicant represents all parties in interest., and affmru that the dr iveway approach (es) is to be consttueted by
him for the bona fide purpose of so:uring access to his property and not for the purpos~ of dcir.g business ex
servicing vchicl~ on the road right of way.
2) The applicant shall furnish all tabor and materials. perform all work. and pay all costs in connection with the
construction of the drivcway(s). All work shall be compldcd within thirty (30) day!> of the permit date.
3) The type of construction shall be as <ksignate-d and'or approved by the Board of County Commissioners or their
representative and all materials used shall he of satisfactory quality and subject to inspection and approval cf the
Board of County Commissioners or their representative .
4) The traveling public shall be protected during the installation with propel' warning signs and signals and the Boa.rd
of County Commission<.n and their duly appointed agents and employoe shall be held harmless against any oction
for personal injury or property damage sustained by any r~)O of t.l1e exercise of the Perm rt .
5) The Applicant shall assume responsibility fur the removal or clearance of snow, ice, or sleet upon any port.ion of
the driveway approach (es) even though deposited on the drivcv.ay{s j in the cour.;e of the County snow removal
opcntioos.
• •
. ·i :~ ... ·:\;..~-:· .
·~ )''
~-~-~ls;~ ~vent it beco~s necessary to remove any right-of-'Way fence, tM pO!~ on eCther '\Ide of the entnnee ~hall
. ~ sucely braced befon:: the fence is cut to prevent any slacking of the remaining fence. a.nd all ports and wire
removed shall be tnmod over to the District Road Supervi sor of the Board of County Commissi0ners.
7) No revisions or ~dditiOfls sh41ll be made to the driveway{$) or its appurtemmces 011 the right-of-way without writtm
permission of the Board of County Commissioot'!l."'5 .
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the l3oord of County
Commi$$ioners of Garfield County, Colorado, and the Spocifications, set forth on the attached hereof and
incorporated herein as conditiom hereof.
1. 60ft Driveway width
2. Asphalt or concre1e pad to match existing pad. S<lft granl portion niquired..
3. Work zone s~m requ.ind.
4. Widening emtfog driveway to meet fire IWINhaJI request, adcUtio!W 30ft.
In signing this applicatlon and upon receiving authorization and permissil">n to i.mtaU the driveway Approach (es)
described ha-cin the Applicant signifies that he has read., under51ands and accepts the foregoing provisions and conditions
and agrees to construct the d.rivcway(s) in ar..cordance with the acoornpanyina specification plan reviewed and approved
by the Boa.rd of County Sjommissloncrs. -z ~ • /1 1
Signed: Vtj-11lLC '--""-J. VI'\ ./L,lz ~ ~
Add,_.: Mary Ann Bosley I ~ X d-{o
W»il~~I LO 9.illd5t.
q'70 C)~-~ .. fllD
Permit granted ll/13/l003, subject to the promiom, 1pKiftcaiions and (Ooditioos stipqlated ~reiu.
For Board of County Commissioners' of Garfield County, Colorado :
/-. ,~ b c-;i 1 tv.-L. t. '-< L"'A µ~~
R~entative of Garfield County Roed and Bridge S~ture
t--J T ·~·S 8 2CLG 1 : Cl
• •
. ' --·
Specifica t ions
I. A driveway approach is understood to be that portion of the count)' road right-of wa y betv;ee.n the pavement cd gC'
and tho property line that Is designed 31ld used. for the interchange of traffic betwttn the road~y and abuttin g
property.
2. At any intersection, a ctr.veway shall be restricted for a sufffoient dlWln<:e from the lnteN;ectiM to pl'CSe:TVe the
normal and safe movement of traffic. (Il is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be pr<wided and for rural commercial entrances a minimum o f I 00 feet be
provided.)
3. All entrances and exits siWI be so located and constructod that vch.icle6 approaching or using them will be able to
obtain &d~uate si~ distance In both directions along the county road in order to maneuveT sA.fely and without
interfering with county road traffic .
4. The Applicant shall not be ~itted to erect any sii11 or di spiay material. e~ fbc.f';d °' movabl,..,. on or
extending over any portion of the county road right-of-way.
S. Generally. no more than crne approach shall be allowed an y parcel or property th~ ftontage of ~hicb is less than
one hundred (100) feet . AdditiODlll entrances or exits for parcels hav ing a frootaio in excess of one hundrod I 00)
foct shall be permitted only afta showing of actual conven k occ aod necessity.
6. All driveways shall be so located that the flared portion 11.djacent to the traveled way will not encroach upon
a~joining property.
7. No commercial driveway shall hAve a "idth greater than thirty (30) feet measured at right an gles to the centerline
oftfle driveway except as increased by permissib le radii . No noocorr.mercial drive~ay shRI! have a width greater
than twenty (20) feet measured ot right angles to the centerline of the driveway, except as increued by
permissible radii.
8. The ax.is of an approach to the road may be at a right anale to the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be Jes..<; than sixty (60 ) de~s. AdjuS1moot ~ill
be made according to the type oftJ'ftffic to be served and other physi cal conditions .
9. The construction of parking or servicing areas on the county road right-of~way is specifically prohibiteJ.
Commefciat estllblishments for customtt vehicles should provide off-the-road parkin g facilities .
l 0. The grade of entrance aod exit shall slope downward and away from the road surface at the :;ame rate as the
norm.ti shoulder slope and for a distance equal to the width of the ~houlder but in no case less than twenty (20)
feet from the pavcmeat edge. Approach grades are re!\tricted to not more lha.n ten percent ( 10%i).
11. All driveways and approaches shall be so constructed that they shill not interfere with the drainage system of the
street oc county road . The Applicant will be required to prov ide, at his own expense, drainage 5truCtUrCS at
entrances and exits, which will become an integral part of the ex.isling drainage system . The Board of County
Commissioners or their reprcsentAtive, prior to installation, must approve tha dimensions •.nd t)'J'.>C-'l of al.I dra.lnage
structures.
Note: This permit ~hall be made available at the site where and when work is hein& dooe. A work sbtcb or
drawiag oft.he pro~ driveway(s) met accompa.iy application. No permit .....iJ1 ~ iuuerl without drawin1:..
blueprint, or abtcb.
• .. -... .,,_"-"-"·,. j):/
/--· Y . . . . .
:
. .J
Coulter'~ Pock,~ UC
Box26
Woooy Creek, co 816~
9709234710
970 923 1263
May 5 .• 2004
Steve Anthony
V ~getation Manager
Garfield County, CO
Dear l\1r. Anthony~
This letter is to address~ revegewion, weed ttwiagemcm a.00 soil tnanagcmem plan
l'eGWred m the fuml R.esohrtion for Coulter's Pocke1 in Battlement Mesa_ CO.
In the fall of 2004, we plan to revegetate the disturbed vegetation along the ~· road
bein8 constructed in the summer of2004. We plan to seed the disturbed area with a dry
land seed since the area disturbed does not have irrigation water .
.Regarding the weed l'llaru!.gcmcnt plan, we intend top~ aggressively any evid.mce of
ooxious Weeds whenever we become aware of their presence on I.be property. There is no
evidence ofTAJ1lar'iik or Rmisiao Olive or no>ciou·i1 weeds on the property. The property
has been wicfistw-bed for n long time.
The Homeowners ASSO<:~rtion v.il.l be responsible for the soil manag¢ment and th~ cxpe1isc Of weed cootrol 3.lo1Ji the road.
Sincerely,
Noel Richardson
Project Manager
:o-0115S8?B.~.E. T : 01
• •
06/10/20~4 ~5:5 5
Toi rl'9d 1-111
Freid.
Noel Ridladeon t. lllblllined a Vqegtiou Pbn vi.a a lcacr d-4 MiQ' 5, 2004 The Pl.an ts aa:eptablt
pi:uvidiDg de 1h! moepumon tea1Dty 4cCails llave boOD ~ OQt wttta tills BuilcSU1a Ui&anq or the
~ Atbney'1a6Qe.
701 5 S820.L.6~:0J..
) ?004
MEMORANDUM
TO : JEFF NELSON
FROM: BILLIE BURCHFIELD
RE: COUL TER'S POCKET EXEMPTION
All of your comments were not included as conditions of approval for the subject subdivision
exemption. However, following are my responses t o your Memorandum :
Regarding 1-General Comments : A conformed Plat has been provided to Building and Planning
subject only to revisions requested of the county which I understand are now complete .
~ Regarding 2 -Access Road
2 .1 refers to the rural road construction for a subdivision and not an exemption process and is
therefor not applicable .
2 .2 the access road has been constructed and is adequate to accommodate emergency vehicles .
An engineered drawing has been submitted and has been approved as built by the Fire Chief,
David Blair . See attached correspondence .
2 .3 Storm drainage is included in the road drawing submitted to the county. Additional
provisions have been included in the covenants concerning drainage . Also, there is an engineer
opinion that this exemption will have a negligible impact, if any, on the natural runoff There have
been numerous heavy rains recently and the road and culverts as constructed have eliminated
completely the roadway draining onto Battlement Parkway .
2.4 The intersection has been realigned, curb cuts hav e been completed, and culverts have been
installed per the engineered drawing. Jake Mahl of Garfield County Road and Bridge assisted in
formulating the plan for realignment and has approved of the realignment as constructed .
2 .5 The access road is constructed exclusively within the easement areas and on the Applicant's
property and does not meander onto any adjacent land owners property. Further see above
responses and attachments.
Regarding 3 Domestic Water and Sanitary Sewer
3.1 Well permits have been obtained in the Applicant's name .
3.2 Easements for Well sharing between the lots have been included on the Plat and in a
Declaration of Easements and Well Sharing Agreement. Locations of storage tanks will not occur
until residential sites are developed . Applicant has complied with conditions of approval
concerning storage/fire protection tanks by inclusions in the covenants and easements.
~ (970) !280-7990
CfS-~~ ~®".&n.O<H/1-
July 16, 2004
Garfield County Planning Dept
ATT: Fred Jarman
108 8th Street, Suite 201
Glenwood Springs, CO 81601
~ (97Q) !280-9104
fl~~ (97Q) 940-8818
JUL 1 6 2004
Re : Coulter' s Pocket L.L. C. -Subdivision Exemption Application GAR f1 t:LG CO uNfY
BUILD/NG & PLANNING
Dear Fred Jarman :
Coulter's Pocket L.L.C . has now completed the conditions of approval contained in the April 11 ,
2003 correspondence from your office as follows . As to Paragraphs 1, 3, and 4, Coulter's Pocket L.L.C .
is in compliance with zoning and Colorado Department of Health standards . These standards are also
contained in the form of protective covenants. As to Paragraph 2, Coulter's Pocket L.L.C . obtained an
extension of time to meet conditions of approval and was granted an extension until August 11 , 2004
with submittals from Coulter's Pocket to be provided by July 19th, 2004. All submittals are being made
timely by hand delivery to Garfield County Planning Dept . this date of July 16 , 2004
As to Paragraph 5, the recommendations of the Grand Valley Fire Protection District are
included in the Covenants on page 18, Section 8 .16 . Also attached is a copy of written confirmation
from David Blair, District Fire Chief that the curb cut and apron north of the entrance have been
improved/constructed meeting the requirements of the Fire District.
As to Paragraph 6(A), the drainage and erosion problem related to access onto C.R. 308 has been
remediated with road base and gravel being applied, drainage ditch has been cut and culverts have been
installed as shown on the attached letter report and drawing of Engineer Nathan Bell concerning
drainage in general and specifically with regard to point of access onto C.R. 308 . As to 6(B), the
intersection has been realigned by a 30 foot curb cut, installation of stop sign, and construction of
entrance/roadway. As to Paragraph 6(C), a copy of the driveway permit is attached hereto .
Regarding Paragraph 7, the requested provision is contained in the Covenants on Page 18 , section
8 .15. Regarding Paragraph 8, the Covenants provide for administration of water rights by creation of a
Water Committee, reservation of easements for ditches and laterals, and the Shutt Ditch and laterals have
been located on the final Plat.
Regarding Paragraph 9 (A), these requirements are contained in the Covenants on Page 7, section
3.6(3)(c), also attached is letter plan to Steve Anthony, Garfield County Vegetation Manager and a copy
of a Memorandum from Anthony to Jarman that plan is acceptable. Paragraph 9(B), well permits issued
by the Colorado Division of Water Resources are attached hereto for each well. Paragraph 9(C), four
July 16, 2004
Letter to Jarman
Page2
lots are being created and check in the amount of $800 . 00 is tendered with this correspondence .
Paragraph 9 (D)(l-4, and 7), attached hereto is a copy of well completion reports for both wells from
Shelton Drilling Corp ., pump test reports and logs fr om Samuelson Pump Co . for both wells (4 hours on
one and 7 hours on second), and water quality test results from Grand Junction Laboratories for each
well . Regarding Paragraph 9(D)(5) and (8), language is contained in the Covenants on Page 21-22 in
Section 9 .3 . Regarding Paragraph 9(D)(6), easement s are reserved in the Covenants and contained on
the Plat for shared wells .
Reagrding Paragraph 10 , all easements are sh own on the Plat. Regarding Paragraph 11 , this
provision is contained in the Covenants on Page 15 , section 7.7(k). Regarding Paragraph 12 , all notes
are contained on the Exemption Plat.
As always, should you have any questions or comments, feel free to contact me at the numbers
shown above .
Kindest regards,
0~~~~
cc : Bosely
File
•
March 22 , 2004
David Blair
Mary Anne Bosely
Coulter's Pocket LLC
Box26
Woody Creek, CO 81656
Grand Valley Fire Protection District
1777 E. Battlement Parkway
Parachute, CO 81635
•
Subject: Fire Protection Plan for Coulter's Pocket, LLC Application
Mr. Blair:
Based on our on site visit with you at Coulter's Pocket in the fall of 2003 , it is our
understanding in order to comply with the fire district 's requirements, we will do a curb
cut, and add an apron north of the entrance of approximately 30 feet. Also , we will move
the stop sign to the north edge of the curb cut. This realigned access shall be adequate to
meet the turning requirements of the Fire District equipment without taking access onto
County Road 308 (Battlement Parkway) directly . If this meets your requirements, please
sign this letter and we will proceed. Thank you.
Sincerely,
Mary e Bosely
Noel Richardson
Coulter's Pocket, LLC K
David Blfilr £J Q4j~~
District Fire Chief, GVFPD
Form No.
GWS-25
OFFICE OF TH.ATE ENGINEER •
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg ., 131 3 Sherman St., Denver, Colorad o 8020 3
(303) 866-3581 LIC
WELL PERMIT NUMBER ___ 24_7_9_4_6 _____ _
APPLICANT DIV. 5 WD45 DES . BASIN MD
COUL TER'S POCKET LLC
6509 HWY 6 & 24
PARACHUTE, CO 81635-
APPROVED .WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 9
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION LINES
600 Ft. from South
900 Ft. from West
UTM COORDINATES
Section Line
Section Line
(970) 285-2042
PERMIT TO CONSTRUCT A WELL Northing : Easting :
1)
2)
3)
4)
5)
6)
7)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights . The issuance of this 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 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 18.
Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 35 acres described as that portion of
the SW 1/4 of the SW 1/4, Sec. 9 , Twp. 7 South, Rng . 95 West, 6th P .M., Garfield County, more particularly described on the
attached exhibit A .
The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns , and the watering
of domestic animals .
The maximum pumping rate of this well shall not exceed 15 GPM .
The return flow from the use of this well must be through an individ ual 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 .
This well shall be constructed not more than 200 feet from the locati on specified on this permit.
NOTE: Expired permit nos. 228052 and 184844, were previously issued for this lot.
NOTE: Parcel Identification Number (PIN): 23-2407-093-00-174
NOTE: Assessor Tax Schedule Number: R008666 (totaling 70 acres)
APPROVED
DMW
Recei t No . 95013998 DATE ISSUED 02-26-2003
By
EXPIRATION DATE 02-26-2005
j/ •sheiton Drilling Ccrp •
: N oel Richardson
P .O . Dc•x 10 59
B 1salt , Co. 31621
(970) 927-41 82
Lie .# 1095
Invoice # : C-2120
Date : 5/20/2003
N ame
c/o
A ddre ss
--------------·----
: 15 86 County Road 30 0
C ity, St, Z ip : Parachute Co. 81635
P hone #
Hole Size Depth T ype Cas ing ID
9 .0 40 Steel 6 .5
6.5 245 Steel 5.0
Pe rmit #: 2 4 7945
Location : Battlement Mesa
C asing OD From -To Perfo rated Ft : 30 ft
7.0 40 Es timated : 12 gpm *
5.5 37-245 Static Level : 135 ft
Total Drilled : 245 ft
R ec ommended Pump Set D epth _2 4 0 Ft. Pumping~ GPM
for Pum> Inst allation We Recommend Sa mue lson Pump 945-6309 (Raun Samuel son)
J & M P ump C o 945 -6159 (Rick Holub)
Aqua Tee Pump 984 -0311 (Tom P tzer)
Instructions :
Price Per Foot 245 Feet
Feet
@
@
$ 30.00 Per Foot =
$ Per Foot =
Tota l Footage Charge
$ 73 50.00
$ 0.00
$ 7 350.00
Minfrnum Well Charge (if applicable ) ............................. $ ___ _
Conditions Of Payment: Deduct 15% ($1103) if pad by 5/31/03 pay$ 6247.00
PLEASE READ THE FOLLOWING RECOMMENDATIONS
I. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INST ALLER
TO DETERMINE THE ACTUAL WELL P RODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE
ACTUAL 'NELL PRODUCTION PA.i.~'v1ETERS W'dICH CA.i"\c'NOT BE DETERM.Il-l ED Vv'HILE DRlLLil-IG
2. OUR GUARANTEE IS VALID ONLY IF A LICENSED PUMP INSTALLE R INSTALLS THE PUMPING SYSTEM ! !
3. The l:rndowner is u ltimately responsible for the plugging and abandonment of dry bo les or replaced wells.
according to State Rules and Regulations. Pl ease contact us for details and/or prices.
4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS Of INVOICE DATE. UNLESS PRIOR ARRANGE-
MENTS ARE M ADE . A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST
BILLING.
Please call us if you have any questions .
T HANK YOU
'• /V6 I ~ ~ELL JEST REPORT
Namt ~I. /\ 1Ccu// .g?.6--:: . wf..11_ /112 . A'cfcfriaa _________________________ ~
Date ~---zl ·"'d~ Ttltphon•------------
Wtll Log Dtpth '!:::!:. • -::::> Water l.tvtl ______ _
Cuing Slzt (6'2. Draw Down _____ _
Pump Sttttng ( 3 b Production------
Tt1t Pump / fg flf 13 C.5
DRAWDOWN RICOVIRY
TIME MIN. LEVEL GPM TIME MIN. LEVEL
• ~, ·\ V I i
{-> H .J . 0 ./7_!1·~'JA I 0 ....,'*'," 1 f.f!..-f/ I 1 ~ 01 ... 11 JI;
2 2 : 1JJll '-Id "
3 l"tf,-7 !l.9-3 ;. 't>-~"',?)f°C'J
4 ' . ~S'-1~ 4 12/J/ .... 'Ml
l t ' 1)1\ a J ""•mt. 5 ~ ao-. ~,._
8
. ,,. J fl ? Cl J1i,/ e (•rt-.. z
8 l ~ 1 • t o'/C/ I a I 'It ... .)
~·.oO 10 /tI/'. y~ 10 Jf'1 -r
~· 1CC
\j
12 12
• 15 'lb1·4 ~.1 .~ 15
20 20
( ,. ta \Iii 30 I llJ •°l.'h 30
40 11~·~'11 '' . 40
Lt'~ ~-1, . l l · -w 80
!~
p.1 •" "7 ,,,:11 ·) Y'/ Jl 80
"'· 10 90 ,,?/l-11 fl l
b ,t;O Wtill"tl "II'/. ?
7 . ., v 1tr> I tft .21? .,...,~ -1·1
"\',S O ~'.f'fl 2 h'll . .if; 7.~-... .,.,
, 1 ' • . /'
..
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•· , . . ,.
-..
\ ,..ll:;j
• •
ft !i.: ' ~f ' ' , • , : I ~t ' ' mall I II
JOHN C. KEPHART & CO -
bHANri JUN[Tl[JN lA£uHA l uHlfS
+ Lt;·
-----435 NORT t< AVENUE • PHON li:: (970) 242·76 18 • F AX ! (070) 24:1-7::1 35 • GS!A .. 0 J UNCTI O N . C:OLOS!AOO Rl501 ------·--
Received fro in:
-ANALYTICA L REPO RT -
tJcie l Ri c t-..-..-ds.on
1586 County Read 300
Parachu te . CO 81635
C u•!on>er N o.------------------·---l.•boratory No. ·----·---·----·----·----··---_.S a ·np l~ ____ ._ .. ___ ------------
5/ ..... 1 /03
Date Receivr.d
2215 L ab number-
',3a mp le I D vlel 1 1 . : "20/C<:::
Tot a l Coliform a ~cte ria
1 . 4 ~· mg/1
~2276 L .. ab n L\i:lb er
·:;F<mp i e ID WE:I l ? , S /'.;=:nln::.
7c ta l C c l i+crm B~c te ria
TC 8.;;.ct
1••J1 tral.e
t -11 1:r-i t E>
Dah;; Tes t (.;c~
5/21 /·)'::
6/5/C:.)
5/21 /0 :;
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l 0 c j
Form No .
GWS-25
OFFICE OF THE-ATE ENGINEER e
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg ., 1313 Sherman St., Denver, Colorado 8020 3
(303) 866-3581
APPLICANT
COUL TER'S POCKET LLC
6509 HWY 6 & 24
PARACHUTE, CO 81635-
WELL PERMIT NUMBER --~24~7~9~4~5 _____ _
DIV. 5 WD45 DES . BASIN MD
APPROVED. WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 9
Township 7 S Range 95 W Sixth P.M .
DISTANCES FROM SECTION LINES
600 Ft. from South
2000 Ft. from West
UTM COORDINATES
Section Line
Section Line
(970) 285-2042
PERMIT TO CONSTRUCT A WELL Northing : Easting :
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
LIC
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this 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 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 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 35 acres described as that portion of
the SE 1/4 of the SW 1/4, Sec. 9, Twp . 7 South, Rng . 95 West, 6th P.M., Garfield County, more particularly described on the
attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns , and the watering
of domestic animals .
5)
6)
7)
The maximum pumping rate of this well shall not exceed 15 GPM .
The return flow from the use of this 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.
This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE : Expired permit nos. 228054 and 184846, were previously issued for this lot.
NOTE : Parcel Identification Number (PIN): 23-2407-093-00-174
NOTE : Assessor Tax Schedule Number: R008666 (totaling 70 acres)
APPROVED
DMW
By
Recei t No . 9501399A DATE ISSUED 02-26-2003 EXPIRATION DATE 02-26-2005
Nrunc
c/o
Address
tlt .,.i:l'i 'f·o n Dr 1·1r·-.,.,.. Corp • ...,,,. I\: .\. " "I~
: Noel Richardson
P.O. Dex 10 5 '.)
Basalt, Co. 81 (:21
(97 0) 927-4U 2
Lie.# 109:
-------------------
-----------------·-
: 1586 County Ro ad 300
----~--------------
Invoice # : C-2119
Date : 5/20/2003
Permi t #: 24 7946
C ity , St, Z ip : P arachute, Co. 81635 Lo catio n : Battlement Mesa
Phone#
Hole Size Depth Type C asi ng ID Casing OD
9 .0 40 Steel 6.5 7 .0 ·-
6.5 198 Steel 5.0 5.5
Recom mended Pump Set Depth 190 Ft.
I Frcm -To :
1 0 -40
i 33 -198 i-·
I --
Perforated Ft : 30 ft
Estimated : 15 gpm *
Static Level : 135 ft
Total Drilled :~ ft
Pmnping ~ GPM
For Pump Installatio n We Recommend : Samuelson l 'un 'p 945-6309 (Raun Samuelso n)
J & M Pum , C( 94 5-6 15 9 (Rick Holub)
Aqua Tee P •1mp 9 84-0311 (Tom Platzer)
Instruct ions :
Price P er Foot 190 Feet @
Feet @
$ 30 .0 0 P er Foot = $ 5700.00 --·-
$ Per Foot $ 0.00
Tota l FooLge Charge $ 5700.00
Minimum Well Charge (if applicable) ............................. $ ___ _
Conditions O f Payment: Deduct 15% ($855) if pad by :· 131 _/0_3 ____ _ pay $ 4845.00
PLEASE READ THE FOLLOWING ru:coMMENDATIONS
1. *WE STRONGLY RECOMMEND A VALI D PUMP T EST BE CONDUCTED BY A LICENS E D PUMP INST ALLE R
TO DETERMINE THE ACTUAL WELL PRODUCTION AND YA TER QUALITY . THIS SHOULD ESTABLISH THE
A CTUAL \\'ELL PRODUCTION PARAt\.1ETERS \\Tlll CH CA.i'\INOT BE DETE RMINED WHILE DRILLING
2. OUR GUARAN TEE TS YALTD ONLY TF A LICENSED PUTV1P !}'STALLER INST ALLS THE PUMPING SYSTEM ! !
3 . T he la ndowner is ultimately responsible for the plugging a 1• d a ba ndonment of dry holes or replaced wells.
accord i g to State Rul es and Regulations. Please contact us fo r d e \a ils and/or prices. ·
4. AL L INVOICES DUE AND PAY ABLE WITHIN 10 DAY S.OF INVOICE DATE. UNLF,SS PRIOR ARRANG E-
MENTS AR~ MADE . A 1.5% HANDLJNG CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST
BILLING .
Please call us if you have any questi ons.
THANK YOU
• ·;:•vv~~t'.t~ -~.;~~g~· · ·····.;._;.>. _, ..... -;: :~·
-. ~~r~.·~·> :<:~
: .. · ..... '
May -22; 2003 .
· Noel Richardson ·
. l 586 . County Road 3(1()
ParaeitUte, co s1635
: ..... ~~ __ :, ..
'
•
:··'.·-~...,,. ... -~ .. "ATJ'N.: Ng~-------·-·· __ _ .·--... ·-~···-·---..-· ---_,.::--·.--·~--:--=:---.:....--~ ------··-··---..
. . . . . . . . . .
On May 20, 2003, a well t est was con<f_ucted on a well on.the Coulter 's Pocket Project .
Well #1 . 1."he following informa.tio!l was obtained;
·. Well Depth~-~~---.-----------,...---198 '.
Casing Size----------------------------.7 x S ·. ·s d. . . . . I 1 . 129' 3 5" tan mg water eve ~------------------· .
· . Total-test time-------~----~---·---4 Hours
Drawdown to ---------:,..-------------170' -T'
· ProductiOn· is -----~-------;:... _________ __: __ l3 GPM
.·thinest was eonducted with 1 Hp test pump: Th e well recovered back to ·1:34 ' -o;, in 8
· minutes. If you have any quest ions pl~.ase call me; Raun Samuelson at 970,..945-63 09 .
.. :-_~.-. :::.-·---------· .:·~: ~ -~·-·-· • ..:. -'-:.-... ""l --• -•• --·----.:.... •• --~ .-:...-·.,:-··----.:....-
.. •'
. ... '.
Sincerely; .. .· .
··~·~·
.· · '· Raun E·samuelson
. Samuelson Pump Co .
·Fi.d. 80x 297 ~Glenwood Spri ngs. co s1602. (970) 945-6309. Fa x <970) 947·9448
Water Systems • Sales ,· Service & Installation
. .
M2.l15S820l6 i : 01 : l<JO'.:!.:J d.'..0= :El b002-t:-r -Hl!r
~~!if& {
•
•
I AJ WJLL TJ8T REPORT .
,_ ti!m• alo~ /\tj/t11-/'!'!2;-W//~.L
Addr•H------------------
' l,
I
Datt f-)J.61 __ Telephone __________ _
-----------...,,.......----
Wt 11 Log Depth ii9~
C11lng Sin __ ~,..,.-'!!'--
Pump Setting_,_......, ___ _
T11t P~m.rp I Ill ,?5'.
TIME
TT!1Ti
DRAWDOWN
MIN.
0
1
2
s
4
8
e
8
10
12
l.EVEL QPM
72l:~
191 .. o l 1~
IJ.W .. z>
I /VI'· 7-g,,
I '$''·2J /~,./
~~ Wi-h-
Water Level _______ _
Draw Down _______ _
Production
RICOVl!RY
TIME MIN. I LEVEL
0 177~?
1 11~·/Ri
2 1/$1/f'!~
3 1/¥3-1'¥
4 1f"'5"~ ... I
8 I J~L-Z"
e 111!""-;L
a 17~~ .. o
10
12
18 1" ·• ..._:zi IV' 7-V 15
·:!.;~
r~
'if•-~-"
~o
l '.0~
I I ', 'lO
~:~o
.a (:2 t'
3·, 1-0
3 :J~
~:~'
20
30
~
50
~
90
J 9t· J wl t"3 l.-........_._
11tA ./1UI /I
v:::~·,_>k.
~
rrr-tR.
120 I Ti:f''lJ01'/..,
180 11~()-~f't'
:J '-' o 11 C5'0 ·11 v,.,
JJJdf Mlfr.I 17" IJ • J..Jt-
, "'1169· ,~
~'?
20
30
40
50
80
• •
~-
JOHN C. KEPHART & CO.
b RA N 0 J l.J N [ ! I ~ N l AB u R A I 0 R I f ~
·---435 NORT H AVENUI!'. + PH ONO:; (970) 2 42•7610 t F'Alc:: (9 7 0 ) 243·723$ t GRM~O JUNCTION , CC>LO!l AO O 91501 ----
L.ab <"'lumber
s~mplE' ID
-AN A L)"TICAL REI'OKf --·
Nc;11iii-l Ri c:har-ds:.c;;r,
1586 County Road 3UO
P~r~chu t~, CO Sl635
··----Labora!nry No ..
22n'.i
Well l, 5/'.l (l /1)~';,
Total Col iform Ba ct~r i a
N itriti!!-(N)
L.;;b ru.1mber-
S.:M'10~ E? ID
2276
W&l l 2 , :S/2C /C3
rotal Coliform Ba cteri a (1 col/J.O(lml
hlit rat.e<N >
TC B..:.-'\ct
NitriiiltfI<
N l . trite
Date Ti:~t.ed
5/~21/(l3
6/5/03
5/21/03
!70 lE.£82l1L6 "!: : 01.
1 . 9 1 rr·q /l
0 . (.i(i mq/ l
1oJ~1:.er-
Limits f er P ublic
W•t~r Supp lie3. C~lo.
Dt=-~-:.1:.. of HE'ci l th
must b e 2 ero
l (>
Limit~ for P u b li c
We t er S~~pl ies . Co l o.
Dr~·pt . o -f H&i1 1 th
1 0
1
; l,JO d ..:J d'30 : rn HJOC'-b f -Hnr
To:
Attn:
Garfield County Building and Planning Department
Tamara Pregl
Date: Wednesday, March 12, 2003
Coulters Pocket Exemption Project:
Re: Engineering department review of the subdivision exemption project
Tamara,
I have reviewed the above-mentioned project subm itta l in accordance with section 8:00 of the Garfield County
Subdivision Regulations. I have the following comments and recommendations.
1. General Comments:
1.1. A full size (24"x36") sketch map or maps, showing entire project and adjacent landowners per Gartield County regulations , section
8:00 shall be submitted for engineering review . Map should show all information noted in regulations and additional information
requested per this review.
1.2. My revi ew of the ap plication is hindered due to the quality of maps and information supplied not being adequate for a tho rough
engineering review. All maps and applicable eng ineering information should be re-submitted by the applicant in a form stated in
section 8:00 of the current county regulations . Once received, I will perform a final review of this project. Currently with th e
information submitted, I have the following comments.
2. Access Road
2.1. The access road design and existing conditions shall be improved to meet or exceed county standard 9:35, Rural Access. Du e to the
approximated ADT count I performed. The road surface could be class 6 ABC in lieu of chip seal. The access road should have a
minimum Right of Way of 50 feet per these regulations.
2.2. The access road must be accessible year round for emergency equipment. The design of the grades , curves etc. shall be adequate
to accommodate emergency vehicles. Please submit a design for review of the access roadway showing grades, curves, easements
etc.
2 .3. A site storm drainage plan shall be submitted concurrently with the roadway design for review. This particular project has existing
s\0rm drainage inadequacies that need re111ed 'ed prior to any additionat roadways being inst::illed.
2.3.1.1. All drainage plans shall be approved by battlement mesa development due to the roadway draining onto battlement
parkway currently and into their existing storm drainage system.
2.4. The proposed subdivision access road and existing CR 308, and Battlement Mesa Parkway East create a dangerous intersection .
Submit a detailed drawing sh owing re-alignment of the intersection. Coordinate design with both Gartield County Road & Bridge
department and the owners of the Battlement Mesa Subdivision.
2.5. Access road sketch and the ex isting terrain c:i not ~;:i pea.-to be a ·Nc rkab!.3 design. Ple ase subr.i it a more detailed cra1!vi ng showing
existing topography and limits of excavations and fills. It appears the roadway will meander off the applicant's property onto the
adjacent properties.
3. DOMESTIC WATER and SANITARY SEWER
3.1. Existing well permits are in the former property owne:-'s name. All permits must t;e in the applicanfs nama. submit revised well
permits
3.2. Submit a detailed design of the proposed shared water system. The design should show all existing and proposed easements ,
distribution system location and method. The plan should also show where the storage tanks and the fire protections tanks are to be
located and proper access easements to them for maintenance etc. system shall be designed by a licensed engineer.
3.3. Section 8:42, D one through seven data shall be submitted for engineering review. Due to the location of the subdivision, I
recommend a minimum of a four-hour pump test be completed on the proposed wells of monitoring wells. Test data should be
reviewed by th e Gartield Cuunty Engineering Dept prior to approval of the exemption.
3.4. A water quality report shall be submitted.
3.5. I recommend that the subd ivision potable water system be supplied by the existing Battlement Mesa central water system. Submit a
copy of a letter from battlement mesa with their response to this request. It appears this central system is located just off the north
end of the proposed subdivision.
3.6. I recommend the sanitary sewer system be supplied by th e battlement mesa central system . Please submit a letter stating their input
on this reccmmendation.
Page 1of2
Jtn
144 East Third Street, R ifle Co , 625-6172 ext . 4002
www.qarfield-countv.com , jnelson@garfield-county.com
C:\Documents and Settings\fjannan.GARFIELD-COUNTY\Local Settings\Temporary Internet Files\OLK6Alreview-01.doc
• 4. IRRIGATION
4.1. The site contains an array of existing irrigation ditches . Include all existing and proposed ditches , easements , etc. on the overall
sketch map and re-submit for review. Detail the proposed irrigation ditch distribution method and routing on the sketch plan .
4.2. Supply documentation on the legal owner of the existi ng Shutt ditches and shares per subdivision .
4.3. Submit a letter from battlement mesa stating their input o n the irrigation and water rights and relation to the subdivision . It appears
they ha ve rights in these ditches along with other adjacent landowners .
4.4. Due to the limited amount of irrigation water in th is area and its bearing on the recharging of the aquifer in which the well s will be
pumping from , the irrigation system , existing and proposed must be detailed for successful use of the domesti c water well s within
and adjacent to the subdivision .
4.5. Soils map submitted appears to be for a different location. Submit a new SCS map of the existing site location showing the limits of
the subdivision on the map.
If you have any questions or concerns, please do not hesitate to cal l.
Sincerely,
Jeff T Nelson
Assistant County Engineer
Page 2of2
Jtn
C :\Documents and Settings\fjarman .GA RFIELD-COUNTY\Local Settings\ Temporary Inte rnet Files\OLK6 A \review-01.doc
BB/1 1/2004 08 :53 '3 70285 91 04 BI LLI E G BURC HFI EL D P AG E Ell
f RECEIVED. Billie G. Burchfield
AUG 11 2004 Attorney ar Law
G ·U:lELJ :.-::-~ ·~q .. ~ T f
-L ILOI~.(, & PLAN•'\lG FACSIMILE COVER SHEET
Date: August 11, 2004
PLEASE DELIVER AS SOON AS POSSIBLE TO :
Name: Fred Germain
Garftdd County Building & Planning Deparanent
Fax: FACSIMILE NO . (970) 384 -3470
From : Billie Burchfield/Kirn Lovlin
Re: Coulcer's Pocket
•
Further to your corre8pOlldencc dated August 18, 2003, I understand that the Coulter's
Pocket exemption is currently being reviewed and you will notify me of any additional
inf onnat:ion that you need The review process is expected to be an additional 2-3 Wttks from
today's date. If this is not the case, please notify me tight away. The covenants have been
signed and notarized . Should I proceed with the r ecording of the covenants? I need the
revised or final form of the plat.
Thank you for your assistance in this matter.
Billie
Please contact our office if you have any questions or concerns.
Total number of pages I (including this cover sheet). If you do not receive all of the pages, please
call Kim ac the numbers shown below as soon as possible.
IMPORTANT: IBIS COMMUNlCATION IS INTENDED SOLH Y FOR IBE USE OF THE PERSONS NAMED A.BOVE OR
OTHERS AUTHORIZED TO RECEIVE IT IBIS COMMUNICATION MAY INCLUDE PRIVILEGED AND CONFIDENTlAL
INFORMATION AND ANY USE. l)ls.5l;M!NA TION OR RF.PROD UCTION RY UNAUIBORIZED PEROCJNS IS ABSOLUTELY
PROHIBITED . IF YOU HA VE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY THE SENDER
IMMEDIATELY.
ORIGINAL DOCUMENT(S) WILL () Will NOT (X.X) FOLLOW IN THE MAIL
._,,&.nil 111-• .. o. ~ 411 • "'-'"""' C""-"1116J1 • 'rJq/tow {910)111-1990 • .-11{~10)21J-9J04 ~{Pl'O)Hf-1111
01/10/2005 09: 1 '3 '37El28591 El4 BIL LI E G BUR CHFIEL D PAG E 0 1
, • Billie G. Burchfield
Attorney at Law
' FACSIMILE COVER SHEET
Date : January IO, 2005
Pl.EASE DELIVER AS SOON AS POSSIBLE TO :
Name:
Fax:
From:
Re :
FredjartlWl
FACSIMILE NO. (970) 384 ~3470
Billie Burchfield/Kim Lovlin
Coulter's Pocket
•
Transmitted is the couJt:er•s Pocket Subdivision Exemption Declaration of Water Well
U8e and Maint.enance for your review.
If you have any questions or concerns, please do not hesitate to contact our office .
Total nwnber of pages 7 (including this cover sheet). If you do not receive all of the pages, please
call Kim at the numbers shown below as soon as pos sible.
lMPOll.TANT: THIS COMMUNICATION IS INTENDED SOlELY FOR THE USE OF THE PER.SONS NAMED ABOVE OR
OlliERS AlJTiiORIZED TO RECEIVE IT. IBIS COMMUNICATIO N MAY INCLUDE PRIVILf.GED AND CONFIDENTIAL
INFORMATION AND ANY USE , DISSEMINATION OR REPROD UCTION BY UNAlITHORIZED PERSONS IS AINJLUTElY
PROHIBITED . IF YOU l:LWE RECEJVEDTI:llSCOMMUNICATION IN ERR.OR. PL.EASE NailFY THE SENDER
IMMEDIATELY .
ORIGINAL DOCUMENT(S) WILL (x) WILL NOT() FOllOW IN THE MAil
01/1~/2005 09:19 97 02 859104 • BIL LIE G BURCHFIELD
-·· ·---
COULTER'S POCKET SUBDMSION EXEMPTION
DECLARATION OF WATER WEll USE
AND MAINTENANCE
PAGE 02
THIS DECLARATION is made this _Th_ day of November, 2004, by COULTER.'S
POCKET L.LC.; a Colorado limited liability company ( .. Declarant"), whose address is 6509 Hwy 6
&: 24, Par.ichute, CO 81635.
WHEREAS, Dcclarant is the owner in fee of those real properties described as Parcel I and
Parcel 2, and, Parcel 3 and 4 within the plat of the Coulter's Pocket Subdivision Exemption,
Garfield Countv, Colondo. Said Parcel I and Parcel 2, and Parcel 3 and 4 are referred to
hereinafter collectively as "the Parcels: '
WHEREAS, r:o:c !arant also is the mvne; of 'l wat~r wd!("\\'e}}'.") loc.:tted ()Il Parcell,
permitted under Colorado Division of Water Resources Well Permit No. 247946 (Di.vision 5), for
domestic and irrigation uses of not more than three (3) single family dwellings; and Declarant also
is the owner of a water wcU("Wellw) located on Parcel 3, permitted under Colorado Division of
Water Resources Well Pennit No. 24794.5 (Division 5), for domestic and irrigation uses of not
more than three (3) single family dwellings; and,
WHEREAS, by this Declaration, it is the intent of Declarant to establish a regime
governing the joint use of the Well by the future owners of the Parcels (the .. Ownersw.)
NOW THEREFORE. the Dedarant sets forth the regime governingjoint use of the Well
by the future Owners of the Parcels as follows :
I. The Owner of Pared I and Parcel 2 shall each be deemed to own an undivided one-
half (U2) share of the subject Well Permit No . 247946, Well, and associated
pump, fittings at the Well head, meters (whether existing now or to be installed at
a later time). pumphouse, foot valves, and any pipes or pipelines and any other
structures which are jointly used. The Owner of Pared 3 and Parcel 4 shall each
be deemed to own an undivided one-half (l/2) share of the subject Well Permit
No 24?945, Wdl, and associated pump. fittings at the Well head, meters
(whether existing now or to be installed at a later time), pump house, foot valves,
and any pipes or pipelines and any other structures which are jointly used.
2. No Owner is deemed to have any ownership right in and to any pipe, pipeline or
other structure used or required solely by the Owner of the other Parcel, which
may utilize any portion of the water flowing from this Well and its structures.
This Declaration does not intend to relate to s u ch individually owned or used
rights or structures. Nothing in this Declaration shall be construed to give any
Owner any rights to such non-shared property of the other Owner nor to obligate
any Owner to pay any costs associated with non-shared structures.
01/10/2005 ~9:19 9702859104 e BILLIE G BURCHFIELD • PAGE 03
3. The Owners shall cooperate with each other at all times in all matters necessary to
promote the proper constnJction, completion and functioning and use of the
water system in such manner as to provide to their respective uses an optimum
water supply on demand at all times possible based upon the natural availability of
water. The Owners shall agree to not waste water and to endeavor to use no more
than their respective shares of the available water. At this time it is agreed that no
individual water meters must be installed. If at any time after the date hereof, any
Owner requires that meters be installed, then each of the Owners sh.all install
meters at their individual expense. Waste or over-use shall be deemed to be a
violation of this Declaration for which the non-defaulting Owner Irul}' seek remedy
at law or equity for damages or for injunctive relief, or both. Irrigation uses sh.all
be limited to not more than 112 acre of bwn and garden irrigation on each of Pared
1 and Parcel 2. Unless otherwise agreed by each Owner, the Owner of each Parcel
I and 2 shall use no more than one-half (V2) of the water legally allocated to the
Well (i .e. 7.5 g.p.m.) In the event the water physically available irom the Well is
less than the legally available amount, then each Owner shall proportionately
reduce the consumption of same to the amount actually available. In no event
shall the Well be pumped at a rate exceeding fifteen (15) gallons per minute. Any
household use of the Well water must provide for return flow through an
individual disposal system of the non~evaporative type, retuming the water to the
watershed in which the Well is located .
4 . Deel.a.rant shall be responsible for the initial cost of constructing the Well and
Parcel Owners shall be responsible for cost and constructing an w.iter system, any
water t~ pumphousc and any jointly used pipelines. Following the initial
construction, the actual and continuing costs of operation. maintenance,
construction, extension, upgrading, cleaning, repairing and all other work required
on shared components of this water system to cause the water at the Well to
become and remain available to deliver water to the Owners shall be shared by the
Owners in proportion to their share in the Well. This Declaration shall relate only
to costs incurred after the date hereof. Elrctrical charges for the operation of the
Well shall be shared in proportion to the water allocated to each Owner. No
operational costs will be charged to any Owner until such Owner actually makes a
physical connection to the Well and begins using water from same.
5. Subject to the provisions 0£ Paragraph 4 above, any Owner who has been using
water from this system and at any time elects not to share in costs, necessary
repairs, maintenance, replacement and the like necessary to maintain the Well and
deliver the subject water, shall not receive water from the system. Ac such time as
said electing Owner chooses to resume use of water from the system, said Owner
tT'..3}' do so upon reimbursement to the other user the full cost of said Owner"s
share of such expenditures, with legal interest retroactive to the expenditure date .
. Coulm'1 PocbfSobdMaloa-Excmpdon
DrdaredoD of Water Well Ute and Maintrmn~
r .• ~2
01 /10/2 005 0 9:19 97 02 859104 • BIL LI E G BUR CHFI EL D • PA GE 0 4
6. The Owners agree to cooperate in the futur:c maintenance, operation. repair,
replacement or. improvement of all common facilities . In the event the Owners
arc unable to agree on any required maintenance, repair, replacement
improvement, any Owner sh.all be entitled ro undertake the minimal maintenance,
repair, replacement or improvement n ecessary and essential for proper
functioning of rhe common facilities . In the event an Owner determines to
undertake such work unilaterally, such Owner shall notify the other Owner in
writing. The Owner undertaking the work shall, upon completion, provide the
other Owner with a written statement of work perfonncd and the other Owner's
proportionate shart of the cost of same . In the event an Owner fails to pay the
proportionate share of an y amount due within thirty (JO) days after presentment,
the Owner which has paid such cost and expense shall be entitled to pursue any
remedy available at Jaw or in equity. The Court, in its discretion, may award to the
prevailing party Court costs and attorney's fees incurred.
7. Declarant hereby creates and reserv es p ennanent, non~exclusivc easements across
the portions of Parcel 1, designated as "Well and Utility Easement" and •25 ft. Well
Easement" on the final plat of the Coulter's Pocker Subdivision Exemption, as
necessary and sufficient for the benefi t of the Owners of Parcels l and 2, and,
Parcels 3 and 4 , as users of the Well, pump and common pipeline and treatment
system and structures, and also creates and reserves a non-exclusive casement for
non-shared or individual pipelines conveying water to the respective Parcels over
and across !aid "Well and Utility Easement" and .. 25 ft . Well Easement". Such
easements are particularly described on Exhibit "'A"', attached hereto and
incorporated herein by this reference .
8. Each Owner shall agree to not interfere at any time with the proper use by any
other Owner of its interest in any water structure and shall indemnify and hold
harmless all other Owners and users from any loss or damage or injury caused by
the acts of said indemnifying Owner.
9 . The term hereof shall be perpetual Notwithstanding the foregoing, however, in
the event that a well permit is issued for Pared 2 allowing household uses and the
newly permitted well as drilled produces two (2) or more g .p.m., this Declaration
shall become null and void, and ownership Well and its associated permit and
facilities shall then automatically revert to the Owner of Parcel l.
10 . This Declaration and the coven.ants contained herein are intended to and sruill run
with the titles to those real properties d escribed as Parcell and Parcel 2 within
the plat of the Kelly Subdivision Exemption, Garfield County, Colorado, and shall
be binding upon and inure to the be-nefit of the Owners thereof, and their
assignees or successors.
Co11l~r'1 Pocku SubdMtlon E.umptlon
Declandon.of Wat.et w~u Uae and MalD[e»aDtt
Page)
01/10/2005 09:19 BILL I E G BURC HFIEL ~ PAGE 0 5
11. The laws of the State of Colorado shall govern the validity, effect and construction
of this Declaration.
2004 .
12. This Declaration may not be modified in any manner except by an instrument in
writing signed by the Owners of each of the Parcels .
IN WITNESS WHEREOF, this Declaration is executed this _Tu__ day of November,
STATE OF COLORADO I
~SS.
COUNlY OF GARFIELD ~
The foregoing instrument was acknowledged before me on this _l1a_ day of
November, 2004, by Mary Anne Bosely.
Witness my hand and official seal.
My commission expires: Jo/@ltJU
t
Coulter'• Pocket SubdMalon Eumptlon
Dttlanirton of Watn-Well Utt and Mal.ntcnan~
~·
Bl /1B /20B5 B9:19 97 02 85 9 1. BIL LI E G BURC H FI EL ~ PAGE B5
PARCEL 1
A PARC& oF LAND S11tll\'TE IN T/18 SI/ :ISIVl/-f S~C110N 9. 10lVNSlllP 'i SOUl"ll, RANGE 95\\fESl"OF1'116 G111 rHINCIPl\t
MERJDillN, COUNTY OF GARFll!LD, ST/\1E OF COLORADO, .SAJD PARCEL OF' LAND DI!ING MORE. PARnCULARL Y D£SCRJDED AS
FOLLOWS:
COMMl!NCINO Jl T Till! 50Ul11 H'l!ST COIU'll!R OF ScCTION 9, I\ DLAI t\LUMINUJ.f Cl\P IN PLllCF.; TllENCI! N89°16 ·ss·tr /\LONG 11 If:
soumeRLY LINE OF SJ\ID SEC110N ~" DISTANCE OF 332. J 2 FE.ET TO" RE:fJ/lR AND CAI' LS NO. 3G572 SET"' PU.Cl!, 111£ mu
POINT OF BEOINHll'ICi: TllENCE D~PAR1'1NO Sl\ID SOUTIIF-RL y LINE Noo·oo·oo·1v 1311 .22 n:er ro" POINT ON T11E NOR1111J.RL y
LJNI! OF TllE St/ .2SIVl/'1 OF Sl\ID ScC710N 9, A RED.AR AND CAP LS NO . .JtSS72 SET IN PU.Cl!; TllENC£ NIJ9•40'3Y~ Ill.ONG SAil
No«rlll!Rt YLINE 5fJ 1.20 nnrm A RE.CJAR AND CN' LS NO. 36572 SET IN PLACE; nlENCI! lJEPllUnNG SND NORTI leRL y LINE
soo·19·31·e 1306.13 FEET TOA POINTON 111£ SOUTllE~Y LINEOF SAIDSEC170N 9, "R£lJAR AND CAP LS NO. 36572 Sl!TIN
PLACE; THENCE S89"16'55-w ALONG SAJD SOUTllERLY LINE 588.65FEETro111£ llWe POINT OF lJEOl'NNrNCi SAID PARCEL OF
LAND CONTAINING 17.Si~ ACRES MORE OR LESS.
TOGETHER W/111 AND SUDJECT ro:
I\ 32.00 FOOT WIVE smlf> OF LAND, AS DeSCRIBED IN 13001< 1367 AT PACE IJ9, ilS FILED 11'1Tll 1111! W\RFIE.Lf) COUfll'Y Cl.l!RI(
AND RI!CORDERS OFFICE, FOR 111£ PURPOSE OF INGRJ;SS EGRESS ANO V11L/1Y E!l\St:.MENl' S/11JAT£ INS JI 2SWl /-f Sl!CJlON 9 ,
TOWNSWP 1 SOUTll RANGE 951VESTOF11llZ 6nl P .M., COUNTY OF GARF1ELD, STATI! OF COLOIYUJO.
Together with and Subject to a 25 Foot Well and Waterl ine Easement
-
A PARCl!L DY LAND 2S FEET IN W1DT11 FOR HIE use OF WELL AND \V.Al'ERUNE PLACEMENT AND MAINTENANCE SITVAJE IN 1111
SWl/ 4S lV1/ 4 SEC110N 9, rowNSlllP 7 SOVl'll, Rt\JVGE 95 WEST OF TllE 6TJI PRINCIPAL M£RJDIM, COUNTY OF Q/lRFIELD, STA1
OF COLORADO, SND EASEMENT lJEINCi MORE PAR11CULARL Y DESCRJBC.D i\S FOLLOWS:
COMMENCING ATTllB soum EAST CORNER OF PARC& '·A REBAR AND CAP LS NO. 305i2 SU IN PLACE. TUE.NCC! NOO"J0 '46'\'
195.SS FEET ro me CENTERLINE OF /\1# £.'{}STING WELL AS CONSJRUC1'ED AND IN PU.CB, t11£ TRUE POINT OF' 81!.GINNING. SI\/
EASl!MENT BE/NO A ::15 FOOT RADIUS EASl!MENT FROM THE ceNTER OF' SAID H'f'LL FOR TllE: PURPOSE OF ACCJtSS, REPAIR Ml
MN111ENANCE, {\V11ENCI! nlE NORTll EAST CORNER OF PARCEL J. A RE.OAR AND CAP LS NO. 3'1572 Sl!T IN J•LJ\CE 81.!/\RS
N00"01'S9"W 510.60 FE.ET.)
PARCEL2
A PARCEL OF LAND srTVATl! IN TUE! Sl/ 2S\VJ/4 SI!CnON 9, TOIVNSlllP 7 soon1. R/INOE 95 WI;STOF T/IE (J71{ PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD. STAru OP COLORADO, SAID PARCEL OF LAND DE.ING MORE PARncul.J\RL 1· DESCRIDU> AS
FOLLOWS:
COMMENCING AT THE SOU111WEST CORNER OF SECTION 9, A IJLM l\LUAll/VUM CAP IN PLl\CE; TllE.NCE N&9•J6'55"£ ALONG TIIE
soumeRLY LINZ! OF SND SEC110N 9 J\ DIST.l\NCl!: OF 920. 77 FEET TO A ReB/lR AND CAP LS NO. 365i2 SET IN PLACE, mE 1RU5
POINT OF BEGINNING; TllENCE DEPARTING Sl\ID SOU11 IE.RLY LINE Noo· J 9'3 riv 1306. I J FEET TO A POINT ON TllE NORT11£RL y
LINE OF TUE SI/ :lSW114 OF St\JD seCT10N s>, A REIJAR MD CAP LS N O. 36572 Sl!T IN PU.CE; THENCE NB9•-f6'33·E ALONG SAID
NORTllERLY LlNE 415.62 FEET TO THE SOU17fWEST l/ 16 (:ORNt::R SECnON 9, A RE.BAR /\ND CAP 1LLE0"3LE IN PLACE; 711£NC£
CON11MJING ALONG SAID NORT1lE/ll. Y LINE N89.48'02'E 16S . .SB FEET TO Ii REDAR ltND CAP tS NO . 36572 SET JN PLACZ; t11ENCI
DEPARTING SAID NORTHERL y UNE soo• 19·31-H J 300. 97. F££":'1C A POINT ON 11/E SDUTllERL I'' LINE OF SND SEC110N 9. A RmA
.J\l'DCAP LS NO. 36S12 SETIN PLACE; 111ENCI! S89"1S1'J•WALONG SIUD SOUTllERLY UN£ liO.JB F£lrr TO TIJE WBST II JG
CORNER BETIVl!EN SEC110N 9 AND 16, A REBA/? AND CAP l.S NO. J 6835; mE:NcE CONnNUING ALONG SND SOUTHERL y UNE
S89'16'55"W41 J.03F!ETTO11/E TRUE POINT OF BeGINNING SAID PARCEi. OF LAND CONTAINING l 1.393ACRES AtOR£ OR l.ESS.
TOOETHER W111111.NDSUIJJECTTO:
A 32,0<J FOOT WlDB STRIP OF LAND, AS DC.SCRIBED IN DOOIC 1367 AT PAGE 89, .15 FILED Wffll me GARFIELD COUNTY CLERK
AND RECORDERS OFr-lCI!, FOR TJIE PU I? POSE OF INGRESS EGRESS AND Ut1LITY EASl!Ml!NT SIW!t m IN s JI 2S lV l / 4 sr:.cnoN 9,
1'01VNSlll:'1 7 SOUl'll Rl\NOE 95 \VEST OF 1'/fc 6111 l'.M ., COUNTY OF Gl\RftfLD, SliUE 017 COLORJ\DO.
Together with and Subject t _~a 25 Fo~.!_~ell and Waterline E~~~ent
"'PA(lCEl OP LAND 2:5 FE.ET JN av10n1 F0/7 nu~ USE OF WELL AND IVATE'RLINE PLACEMl!NY /\NV AtAJJ'JlcNl\NCE SITVA1'E IN 111£
SWI /'JSWI/ 4 SECnON 9, TOWNSU/P 7 SOUTll, RANGI! OS WEST OF 11 1£ 6TH PH IN Cl PAL MEW VIM. COU/VTY 01" O.MU'll!LV, STATI
OF COLOIMDO, SAID E.llSEMENT DE/NG MORE PAR11CULllRL Y DESCRJBeD l\S FOtLOtV.S:
cc:.IM.ENCING llTTll8 SOU11l £1\STCORNER OJ" 1'/IRCE.L I, A R£DAR A/ID GAi ' LS NO. 3<J:S 7;/ SET IN rLllCE, 1'111£1'1CIJ NOQ•3o·•cs·w
i9:;.:;:; FE:trr TO '1115 CENTERLJN8 OF NI E.'CJS11NG \VEl.L AS CONSTRUCJI:D AND IN PLACE. TlllJ 1'RUI! POINT OP BEGINNING. SAIC.
£ASEAIENT BEING A 25 FOOT RADIUS IYtSEMEHT l'ROM Tll£ CEH'Jl!ll OF SAJD \VEL.L FOR l"/IE PURPOSE OF .ACCESS; RE:P,\IR AND
MAINTENANCE, (Wlll!NCE Tile NOR11l l!llST CORNER OF PARCEL 1, A REDAR AND CAI' LS NO 36572 SET IN PLACE lleARS .~
Noo·o1 ·sp-w s10.aoFUTJ , Er:h~·~i-f A
01 /10/2005 09:19
i'ARCEL.'J.
97 02 859 l it BIL LIE G BUR C H FI EL ~ PAGE 07
\
. A PARCBL .OF.'LA/'IDSl.JVATEIN nm SJ/2SWJ/·I secnoN 9, TOWNSlllP 7 SOUUi, RANGE 9S \VESTOFrllE: 6111 PRINCIPAL Ml!..RlDlAN.
COUNTY OF GARFrBLD,· STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE P/\/mCULARL V DESCRJBl!D AS F'OU.OWS:
COAIMENCINQ ATTIIE SOU111\VESTCORNl!R OF SECTION 9, .A SLM ALUMINUM CAP IN PLACI!; TllENC£ N89"16'$5"E ALONG nm
SOUTlll!RLY LINB OF SIUD SECTION 9 A DISTANCI! OF IJJI .BO Ft::C!T ro T111! \~ST 11 IG CORNER UIITIVI!EN secnoN SI /\ND 16, "
R£B$ AND CAP LS NO. 16835 JN PLACE; nll!NCE CONT7NUING ALONG SA.ID SOU11 ICRL Y LINE N89" J 5' 16"E 1 '10. l B FE.ET TO A RElJAR
AND CAP· LS NO 36512 SE:T IN PLACE, Tl 1£ TRUE POll'ff OF BE.GIN NrlVG; Tl/ENCE DEPARTING SAID SOUTHERLY UN£ NOO"J 9'31 "\V
1300.'!11 nETTOA POIN'rON TIIE NORT/IERLY LINI! OF ll/~ Sl/2SLVl/of OF SAID Sl!cnON 9,J\ REBl\R AND CAP LS NO. 30572 SETJ1'
l'LACB; T111!NCE N#J9."48'0l"E Al.ONO SAJD NORTI IE.RL Y LINT! 58 I .:lO F£1!:r TO A R£lJll.R AND CAP LS NO. 365i2 Sl!T IN /'LACE; TifENCl.
DEPARnNa SA.ID NOllTHERL y LINE S00" 19'31 "E 1295.43 FEET fO A POINT ON 71 m SOUTllERI. y LINE OF SAID SECTION 9; A R£IJl\R IL
CAP LS NO. 365n.Slrt' IN PV.CE; 11IENeE SB9~15't6"W ALONG SAID SOUTHERLY LINE 581.21 FEET TO 111E TRUE POINT OF 8Evl/'lfllf.
SAID PARCEL OF LAND CONTAINING 17.321 ACP£S MORE OR LESS.
1'0Cllffl lEU Wl111 AND SUBJBCT 1'0:
A 32.00 FOOT MDE STRIP OF LAND, AS DESCRIBED IN DOOi< 136i AT PACE 89, AS FILE.D WTTll mE GARFIELD CO<JNTY CLE.RIC AND
RECORDH:RS-OFFICE, FOR TllE PURPOSE OF INGRESS EGRESS AND UTILITY EllSJ!MENT SIW111E IN SJ/ 25\Vl/4 SECTION O, 70\VNSll
7 SOUTll RANOE 95 WEST OF Tl IE €il'l I P.M., COUNTY OF' 01\RF/el.D, STA rn OF COLORADO.
Together._ with arulSubject to a 25 Foot Well and Waterline Easement
, .. '"" .... -.. ,, ···--.... ···-·-----
A PARCEL or LAND 25 F'E.ET IN WlDTll FOR Tl/I! us~ OF' lvt'Lt AND w ... mRLINE Pl..liCEMcNT II.ND J\f/l.JN11ZNMICE srrvAm IN 1111Z
Sl!l/ 4S\V1/ 4 SEC110N 9, TOWNSlllP 7 SOUTH, RA/'IOE 95 WEST OF TllE 6Tll Pl?INCIPAL ME.RJVll\N, COUNTY OF GARFIEl.D, STA m OF
COLORADO, SND EASEMENT DEING MORE PARTICULARLY Dl!SCRJDE:D AS FOUOWS:
COMMl!NCINC AT TJIF. SOUT11 eAST CORNER OF PARCf.L 3, A REElAR AND CAP LS NO. 36572SET11'1 PLACE; TJJENCe N00"30'J B"IV 80
FEET ro TIIE CEN'l'ERLJNE Or AN EXISTJNG WELL AS CONSTRUCTED AND IN PLllCI!, TllE rnu£ POINT OF nf!GINNING. SNO ~SUtlEf\
BelNa A 25 FOUT RADIUS EASEMENT FROM Tiii! CENTER OF SAID \VF.LL FOR 71/E PUllPOSE OF ACC£SS, R£PAJR AND MAJ/ITlW!\liQ.
(&VHE/llCB me NORTH EAST CORNER OF PARCEL 3. A REBAR Al'D CllP LS NO. 365-r.l SET IN PL.ACE BEARS Noo·o1·so·w491 .0.J F EET
PARCJ:l4 -----
A PARceL OF LAND Sl1l1ATE IN TUE SJ/ 2SIVl/ 4 SECTION 9, 10WNSUIP 7 SOU111, RANGE 95 WEST OF THE 611( PRINCIPAL ME.R.IDW
COUM'Y OF' OARF1ELD, STA TE-OF COl.ORllDO, Sl\JD PARCEL OF LA/fD BElllO MORB PARnCUl.ARL Y DESCRIBED AS ~WS:'.:
. . . '., .. . . ..... .. . . ~ .. _ .. ~ .
Bt:!.tlllVNli'IO J\ 1' THI! sou1 ·11 1/ ·1 CUllH£R OF Sl:.CHO/Y SI; J\ ULM ALUMINUM Cl\P IN PL/ICE,· rt lliNCe S89" I:;· 1o·w ALONG nus
SOUTllERLY tlf!C:: OF' SAJD SECTION 91\ DISTANCE OF SBJ .;13 F'IJ£TTOI\ RE.BAR /IND CAP LS NO. 36572 seTJN PLACE; TllENCE
DE:PllR711iGSl\ID SOUTHeRLY LINE 1'100"l9'31"W 1::195.13 FEET TOA POINTON TJ/E NORTHERLY LINE OFnlB Sl/2SWl/4 OF5/UD
secnoN P, A HEBAR AND CAP LS NO. 36572 SET IN PLACE; TllENCI! N89"48'02"I! /\LONG SAID NORTileRLY LINE 581.31 FEE:TTO nlL
SOUTH Cl!ll'raR 1/ 16 CORNER S£Cl10N 9, A SLM /ILUMINUM CAP IN PLACE; Tlll!NClt DEPARTING SllID /'IORntERLY LINE soo·19'JJ"l
1289.89 FEET TO TllE TRUE POINT OF Bl!OINIVING SAID PARC£l OF' LAND CONT/11/'IJNO 1 i.248 ACRES MORE OR 1.l!SS.
"l'OGl!'l 'llER W1'111 AND SUBJECT 10-
A 32.00 FOOT WJDE STRIP OF LAND, AS DESCRJDED JN DOOi( 1367 AT PAGE 89, /IS FILED 1VlTll TJIE GARFIELD COUNTY CLERK AND
l?ECORDl?RS OFF1CE. FOR TUE PURJ>OSE: OF' !NGRESS EGRESS AND UTILITY F.ASF.MENT !'°IWl\TE IN s 1/ 2SIVJ/4 si::cr.oN 9, TOIVl'ISJ
7 soum RANG/! 95 W£STOrT111!6Tll P.M .• COUN71'0FC/lRFl£lD, STATE OF COLORADO.
T.o~ether with and Subject to a 25 Foot Well and Waterline E~~e_n,t
A PARCEf. OF LAND 25 F.£ET IN \VJD111 FOR TllE US£ OF' WELL AND \VA TERI.INC l'l'1CCMCN1" llND MlllNTf.Nl\NCE SITVATe IN TH£
SEii ·ISlVJ/ 4 SllCTION 9, TOWNSlllP 7 SOUTJI, RANGE 95 \W:S1' OF 1111! 6TJI PRINCIPAL Al£nJD/AN, COUNTY OF OARFIELD, STATE OI
COLORADO, SAID EASl!M£NT DEJNG MORE Pl\RTICULl\RL Y VESCRIDW AS FOLLOWS:
COMMENCING AT TllE SOUTII EAST CORNER OF' PARCEL 3, A REBAR AND CAP LS NO_ 30572 SET IN PLACE; TllENCE N00"30'18"&V 8C
FEE:T TO TllE CENTERLINE OF A/V E.XISTiflO \YELL i\S CONSTRUCTED AND IN PLACE, TUB TRUE POINT OF BEGINNINC. SAID EASEME.
BF.ING A 25 PrXJr RADIUS l':A.Sl!Mt!NT FROM 11/t! CENTER OP 51\JD IVELL l"OR 1711! PURPOSII OF ACCESS. REP/UR AND NAJllTBNANC1
(IVJl1$/iCE 1'11.E liORTJI eAST CVR NEil OF J'ARCl;..I. 3, " R£0AR ,4ND CAJ• LS NO. 36572 s~ IN Pl.l\CE. l3l'.ARS NOO"OJ ·:;o·w .f91 .03 FEE
07/2 2/200 4 1 4 :02 9 7 02 8591 0~ BILLIE G BUR C H F IEL D~ P AGE 01
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Billie G. Burchfield
Attorney at Law
FACSIMILE COVER SHEET
Date: July 22, 2004
PLEASE DELIVER AS SOON AS POSSIBLE TO :
Name : Fred Jarman I Garfield Planning
Fax: FACSIMILE NO. (97 0) 384-3470
From : BILLIE BURCHFIELD
Re: Coulter's Pocket Subdivision Exemption
See correspondence, plat revision reduction, and r evised covenant provi sions.
i Billie Burchfield,
!
Total number of pages 6 (includ ing this cover sheet) If you do not receive all of the pages,
please call Billie Burch.field at the numbers shown below as soon as possible .
RECEIVED
JUL 2 2 2004
GARFIELD COUNTY
BU/LO/NG & PLANNING
•<P.O. ~475 • <Paracfuae, CofDmd'o 81635 • 'fefep liorw (970) 285-?990 • if~(970) 285-9104
B7 /22/2B04 14:02 BIL LI E G BU RCHFIEL D~ PAGE 02
ft.-(970) 286-7990
~-~ ••l<ff ~...,.
9';., (91o) 985-910#
flr.-Jfill-(97Q) 9#.6-88 ~8
July 22, 2004
Ga.meld County Planning Dept
ATT : Fred Jarman
108 gt11 Street, Suite 201
Glenwood Springs, CO 81601
Re : Coulter's Pocket L.L.C. -Subdivision Exemption Application
Dear Fred Jarman :
Pursuant to our telephone conversation of this date, I am faxing you a revisjon to the Review Plat
that was provided in the pact of information I delivered last Friday . The revision is to the plat marking of •
I "centerline of draw". The easterly and southerly portion is the surveyed location of the Shutt Ditch. At
I the point of the Y , the northerly dashed line is a lateral of the Shutt Ditch that provides additional
irrigation water internally between the Coulter 's Pocket tracts.
I am also providing quick reference locations of additional protective language concerning
drainage in the Coulter's Pocket Protective Covenants. See the following provisions:
-Article 7, Owner's Use, subsection 7 .7 (o), (p), (q) and (r)
-Article 8, Other Restrictions, subsection 8 .2 Natural Drainage
I have also made language clarification changes to the Covenants Section 1.4 to be consistent
with lot ownership of domestic wells; Section 7. 7 added (b) - a building envelope provision and to
I
subsection (m) clarified conflict in language for underground/overground electrical service.
As always, should you have any questions or comments, feel free to contact me at the numbers
shown aoove
1:efd CD
Billie G Burchfield ~
cc : Bosely
File
07/22/2004 14 :02 9 7 02 8 59104 • BIL LIE G BUR CHF I EL D • PAGE 03
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9·3r E 1295.43 ' I
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07/22/2 004 14:02 '370285'3104 BILLIE G BURCHFIELD . PAGE 04 •
ARTICLE I
DEFINITIONS
l.1 ·Article" shall me.an Articles ofincorporation ofCoulter's Pocket Homeownu's Association,
lnc. ft1cd with the Colorado &cretary of State, as Artid~ may be amended from time to time,
provided such Articlts sh;Jl not be amwded, changed or i.nterprettd so as to be inconsisttnt
1.2
1.3
-¥-l.4
l.S
1.6
with chis Declaration. ·
.. A!.scssmmt• shall mun and refci: to ;my or all of the Assessments hen:Uuftci: defined:
(a) "Regular as~sment" shall mean and refer to a charge agairut each Lot representing
that portion of the Common Espcn.ses attributable to such Lot as provided for: in this
Dft:lar.uion.
(b) "Sptti~ ~sment" shall mean and refer to a charge against any Lot, dim;dy
atuibutable to such Owner, fot certain coses incurred by the Association or Declarant
for materials or services furnished to such Owner or his Lot at the reque.st of or on
behalf of such Owner. or as a result of any Owner failing to nuinui.n any portion of
his Lot in accoi:dance with the provisions of this Occla.ration, or as a i:csult of the
neghgmct or willful misconduct of :u>y Owner, his employee.1. gut.Sts or invitees, or
fur nccssive use or special ~ of the se"ic~ or facility provided by the Associ:ation,
including, hut not limited to parking, trash removal and mainttnancc of
improvemmts.
( c) .. ~pit~ Improvement Assessment .. shall mean and refer to a charge against any Lot
representing a portion of the cost of the Association for the iruullation, construction,
W\eirpccted repa.ir or replacmmtt of any capital improvancntS, including the necessary
fizrures and personal property rdated theret o. on the Propci:ty upon which the
Association may be required to insulJ. connrucr, repair or repbce .any capiw
improvements as provided in the Dcdai:ation.
"A.\.~iation" shall mean .and refrr to Coului:'s Pock.ct Holl1Ulwners Association, lnc., a non-
profit mutual benefit corpor.uion, incoi:potated under t.he laws of the Sutt of Colorado.
"Association Water· shall mean and refer: to ill water or water rights, ditch or ditch rights,
reurvoir or watef storage rights but shall not include domestic water wdls.
"Board .. shall mean chc Board of Diru:tms of the Association .
•nylaws" shall mean the Bylaws of the As.sociation which have been or will be adopted by the
Board, as such Byl.urs nuy be amended frorn time ro time. provided said Bylaws shall not be
amended, changed or intc.rpreted so :u to be inconsi.ncnt with thi.s Declaration.
COUL TER'S POCKET SUBDIVlSION EXEMPTION
EASEMENTS and COVENANTS, Page 2
07 /22/2 004 14:02 970285 9 104 • BIL LI E G BU RC HFIEL D •
(b) "Location Restrictions -Building I;;nvclQPt"· All ~res of any kind shallbc
constructed or erected on the: northern one-half of the tract or parcel
P AG E 0 5
(c) .. Colors"'. All colon of materi~ which arc to Ix finished shall be painud or naincd in
"muted tones". Bright colors a.re not accepublc. All projections, including flues, vcncs,
guucn, down spouts, and flashings shall mau:h the color of che surface from which they
project or a trim color which is compatible.
( d) .. PirClJlaces :lnd Stova·, No open hearth solid fuel fireplaces will Ix allowed anywheu
within Coultcr's Pockec. One (I) new solid-fuel burning stove as defined by C.R.S. 25-7-
40 l, ~t aq, and the regulations promulgated thereunder. will bt allowed in any dwelling wiir.
All dwelling units will be allowed :111 unrestricted number of natural gas burning stoves and
appliances.
(c) "Waivers". Waivers of any provision of che restrictions set forth in this Article VII may
be requesu:d with submission of plans and specifica tion . There shill Ix a sutcment of reasons
for any rcqur.srtd wa.ivtl' of th~ re5ttictions. The Association shall determine •hethtc anr
requested waivers arc reasonable and permissible in Coultcr's Pocket.
(f) No .storage of new or used consttuction rmterials shall ~ allowed unless in an approved
enclosed .area. except during construction or runodcling periods.
(g) No advertising or signs of any character shall be ett.etcd, placed, pcnnittcd, or maiouined
on any Lot or building except:
(I) A name pl.ate of the occupant and a sueet number not to exceed eighc (8)
square feet.
(ll) "for Sale • signs .
(III) Sigru which the Pim Amendment to the constitution of rhe United States of
America would allow despite restric tion, hut then only those which arc not
large or ovcrlxaring.
(h) ~ch Loe Owner sh.ill u ill times keep his, her, or its propet:ty in a clean, sighdy, and
wholesome condition. Each Lot Owner shall provide suitable re.cepudcs, wirh secured lids or
covers, for the tunporuy storage and collection of refuse .
(i) Propane unks located ;1t Coulr.er's Pock.ct shall be undei:ground, fuUy screened or
en dosed.
(;) All e.xterior lighting •ill ~ the minimum amount ne.ctlSary and all utuior lighting will
be directed inward, to wards the interior of the subd ivi sion, except that provis ions ~r be
nude to allow for safety lighting that goc.s beyond the Lot boundarit.s.
COUL TER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS , Page 14
07/22/2004 14:02 9702859104 BILLIE G BURCHFIELD PAGE 05 • •
(k) All equipment, garbage, or storage piles shall be kept so as to concul them from view of
neighboring Lots and streeu. All rubbish, trash, or garbage shall be ttgula.cly removed from
tht 1..ou and shall not be allowed to accumulate thcn:on.
(I) The nuximwn height of fences shall be silcty (60) inch~. All rail fences and 3 -strand
wire fences shall have a twdve ( 12) inch separation lxtwr:cn the: top two rails or wires. Car.ch
corr:al fences enclosing less than five thou.sand (5,000) square feet of area arc ucmpt from
thtse fencing standards. Ol.1in link fcnco up to six (6) fttt high will be allowed for the
purpose ofkcnnding a dog. A sill: (6) feet high privacy fence may be used to enclose :.a
contiguom uu of not more th.m two thous.and (2,000) square feet when Jocucd .imnkdj.atdy
adjacent to a residence. All new fcnci.ng shall comply with the C..olorado Division of Wildlife
fencing sunduds.
(m) All utilities serving any improvements, (this includes primary residential buildings as wdl
as sccon~ suuctugs such as guest ho~cs, garages, ouchuildings, and storage sheds), shall be
undcrgroun~ uccpt for dectrical Power service.
(n) No further subdivision by e1cmption from the rules of subdivision of any Lot or
combination of Lots cove.red hcrtundcr: shall be pcmiined.
( o) The gudi.ng of the: Locs shill mn:tin as dost to original grade ll possible, and no
ucusive grading shall be done.
(p) No Lol Owner shall ch.mg«: or aJJow material changes in the dr:ainage of w2ccr onto .any
ad1oining Lot, Comm.on Arca, oc casement.
( q) No Lot Owner will cause or allow silucion and subsequent dam.age caused by silutioo
(such as obstruction of ditches), when~ materi;a.I has washed from the offending Lot.
(r) No Lot Owner will cause or allow erosion caused by diversion of any water onto .an a.re.a
not dcsignatr:d for proper dr:ain:age oi: diversion of storm water onto an adjoining Lot or
common easement a.rea .
(s) Upon completion of my improvement or construction on any Lot, the Owner shall to the
greatest extent possible, a.s a minimum, i:estoi:e the Lot to the condition which existed prior t.o
the construction ( uking into account such construction.
(t) AU roadcuu for priv.ate drivcways and all ucavacions and site di3turbances shall be
revegeutcd with native plant materials or other landscape materials within one (I) year of
commcncuncm of construction. Site: disturbance shill be restored, t.o the gre:itest ext.enc that
is practical, to its original condition.
COULTER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS. Page 1.5
• •
DECLARATION OF E ASEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COULTER'S POCKET SUBDIVISION EXEMPTION
THIS DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND
RE.STRIC..!IONS fOR COUL TER'S POCKET SUBDIVISION EXEMPTION ("Declaration")
made this 16th day of July, 2004, by COULTER'S POCKET L.L.C. (a Colorado Limited Liability
Company ("Declarant").
RECITALS
A. Oeclarant is the owner of that certain real property in the County of Garfield, State of
Colorado, described in Exhibit "A" to this Declaration which shall be the property
("Property") under this Declaration.
I3. Declarant deems it desirable to impose general plan for the improvement, development
and maintenance of the Property and to adopt and establish easements, covenants,
conditions and restrictions upon the Property for the purpose of enhancing,
maintaining and protecting the value and attractiveness thereof.
C. Declarant deems it desirable to establish a Colorado non-profit corporation, to be
called Coulter's Pocket Homeowners Association which shall be responsible for the
management and maintenance of the p l anned development referred to herein and
enforcement of the terms of this Declaration.
COVENANTS ANO AGREEMENTS
NOW THEREfORE, Declarant hereby grants, covenants, agrees and declares that the
Property shall be held, sold, conveyed, hypothecatcd, encumbered, leased, rented, used, occupied and
improved, subject to the following limitations, restrictions, casements, covenants, conditions, liens and
charges, all of which arc declared and agreed to be in furtherance of a general plan for the
improvement and development of the Property. All o f said limitations, restrictions, easements,
covenants, conditions, liens and charges shall run with the land, shall be binding upon and inure t o the
benefit of all parties having or acquiring any right, title or interest in the Property or any part thereof
and the successors in interest of such parties, and arc imposed upon the Property and every part
thereof as equitable servitude's which may be enforced by the Oeclarant, its successors and assigns,
each Owner (as hereinafter defined), his successors and assigns, or by the Association (hereinafter
defined), its successors and assigns; provided, however, that no provisions of this Declaration shall
limit, in any way, Dcclarant's construction of improvements on and development of Coulter's Pocket
Subdivision Exemption nor Declarant' right to maintain construction, sales or leasing offices or
similar facilities on any real property in Coulter's Pocket Subdivision Exemption owned by Declarant
(or owned by an Owner with the consent of such Owner), nor Declarant' s right to post signs
incidental to construction, sale or leasing.
•
ARTICLE I
DEFINITIONS
•
I. I "Article" shall mean Articles of Incorporation of Coulter' s Pocket Homeowner' s Association,
Inc. filed with the Colorado Secretary of State, as Articles may be amended from time to time,
provided such Articles shall not be amended, changed or interpreted so as to be inconsistent
with this Declaration.
I .2 "Assessment" shall mean and refer to any or all of the Assessments hereinafter defined:
(a) "Regular assessment" shall mean and refer to a charge against each Lot representing
that portion of the Common Expenses attributable to such Lot as provided for in this
Declaration.
(b) "Special Assessment" shall mean and refer to a charge against any Lot, directly
attributable to such Owner, for certain costs incurred by the Association or Declarant
for materials or services furnished to such Owner or his Lot at the request of or on
behalf of such Owner, or as a result of any Owner failing to maintain any portion of
his Lot in accordance with the provisions of this Declaration, or as a result of the
negligence or willful misconduct of any Owner, his employees, guests or invitees, or
for excessive use or special use of the services or facility provided by the Association,
including, but not limited to parking, trash removal and maintenance of
improvements.
( c) "Capital Improvement Assessment" shall mean and refer to a charge against any Lot
representing a portion of the cost of the Association for the installation, construction,
unexpected repair or replacement of any capital improvements, including the necessary
fixtures and personal property related thereto, on the Property upon which the
Association may be required to install, construct, repair or replace any capital
improvements as provided in the Declaration.
I .3 "A<;sociation" shall mean and refer to Coulter' s Pocket Homeowners A<;sociation, Inc., a non-
profit mutual benefit corporation, incorporated under the laws of the State of Colorado.
I .4 "Association Water" shall mean and refer to all water or water rights, ditch or ditch rights,
reservoir or water storage rights including but not limited to domestic water wells owned by
the Association.
I .5 "Board" shall mean the Board of Directors of the A<;sociation.
I .6 "Bylaws" shall mean the Bylaws of the Association which have been or will be adopted by the
Board, as such Bylaws may be amended from t ime to time, provided said Bylaws shall not be
a.mended, changed or interpreted so as to be inconsistent with this Declaration.
COUL TER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS , Page 2
I.7 "COOA'' means tl1e Colorado Common Interest Ownership Act presently codified at 38-
33.3-IO I, et seq., as it may subsequently be amended from time to time.
1.8 "Common Area" shall mean any and all real property easement interests subject to matters of
record and the improvements thereon, and any personal property, owned or leased from time
to time by the Association for the common use and enjoyment of the Members. The Common
Area consisting of real property easement interests shall be as shown on the recorded plat.
Common Area shall also include any and all domestic irrigation ditches/ structures or
equipment delivering irrigation water Lo each lot in Coulter's Pocket, including any such
ditches/ structures and equipment located in individual lots, excepting therefrom domestic
household wells, and subject to title exceptions of record and the covenants, conditions,
reservations and restrictions contained in this Declaration.
I.9 "Common Expenses" shall mean and refer to the actual and estimated costs of:
(a) maintenance, management, operation, repair and replacement of the common easement
areas that are limited to the access road and irrigation system, to the extent provided
in this Declaration;
(b) management and adminisuation of the Association, including, but not limited to,
bonding of the members of the Board, officers and employees of the Association, and
compensation paid by the Association to accountants, attorneys and employees, for
services bencfltting the Association or Common Area;
( c) reasonable reserves as appropriate;
( d) amounts paid by the Association for the discharge of any lien or encumbrance levied
against the common casements for the access road and irrigation system;
( c) amounts paid or incurred by the Association in collecting assessments pursuant to
Article YI hereof, including amounts expended to purchase a Lot in connection with
the foreclosure of the assessment lien against such Lot;
(£) expenses incurred by the Association for any reason whatsoever in connection with the
common easements for access and irrigation system or enforcement of this
Declaration or any amendment to this Declaration, the Articles, or the Bylaws or in
tl1e furtherance of the purposes of the Association or in the discharge of any
obligations imposed on the Association by the Board pursuant to this Declaration or
any amendment to this Declaration;
(g) maintenance and upkeep of the Lots of the individual Owners, to the extent such
responsibility is expressly assumed by the Association.
I. IO "Conveyance" shall mean and refer to conveyance of a fee simple title, or lease of any part of
the Property.
I. I I "Declarant" shall mean and refer to Coulter's Pocket L.L.C., a Colorado Limited Liability
Company, its successors and assigns.
COULTER ·s POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 3
• •
I. I 2 "Lot" shall mean and refer to each numbered Lot or Parcel now existing or to be created from
the Property described in Exhibit "A" and any additional real property to any time annexed
thereto. The boundaries of a Lot shall be as shown and defined on the original plat map and
on any addition or re-plat map or maps recorded in the Garfield County Records.
I. I 3 "Unimproved Lot" shall be a Lot upon which no improvements have been constructed.
I. I 4 "Improved Lot" shall be a Lot upon which improvements have been constructed.
I.IS "Member" shall mean and refer to every person or entity who holds a membership in the
Association as provided in Article II, Section 2. I.
I. I 6 "Owner" shall mean and refer to Declarant and to any person or entity holding a record fee
simple ownership interest in any Lot which is a part of the Property, including contract
purchasers, but excluding Mortgagees and those having such interest merely as security of the
performance of an obligation.
I. I 7 "Property" shall mean and refer to all the real Property described on Exhibit "A" hereto,
together with any real property annexed thereto in the future.
I.18 "Coulter's Pocket Subdivision Exemption" shall mean all of the Property, and improvements
thereon, now or hereafter subject to this Declaration or any amendment to the Declaration.
ARTICLE II
THE ASSOCI ATION
MEMBERSHIP, VOTING RIGHTS, DECLARANT CONTROI~S
2.1 "Membership". Every Owner of one or more Lots in the Property shall be entitled and
required to be a member of the Association, subject to the voting rights provisions of this
Article II. No person or entity other than an Owner of one or more Lots in the Property may
be a member of the Association.
2.2 "Allocation of Votes". Each Lot shall be allocated one (I) vote in the Association, subject to
Section 2.5 below .
2.3 "No Cumulative Voting". In the election of directors, cumulative voting shall not be allowed.
2.4 "Membership Appurtenant". Membership in the Association shall be appurtenant to and
inseparable from a Lot. Membership in the As sociation may not be transferred except in
connection with the transfer of ownership of a Lot.
COUL TER 'S POCKET SUBDIVISION EXEMPTION
EASEMENTS a nd COVENANTS , Page -l
2.5 "Declarant Control".
(a) Notwithstanding anything stated elsewhere in this Declaration, until the earliest of:
(I) ten (I 0) years after the date of recording of this Declaration in the office of the
Garfield County, Colorado, Clerk and Recorder; (2) sixty (60) days after conveyance
of 75 percent of the Lots to owners other than Declarant; or, (3) two (2) years after
the last conveyance of a Lot by Declarant in the ordinary course of business, Declarant
may appoint and remove officers and members of the Board of Directors of the
Association, subject to the limitations as stated in this section.
(b) Not later than the termination of the period of Declarant control specified in
subsection 2.5( a) of this Article, the Owners shall elect a Board of Directors of at
least three (3) members. The Board of Directors so elected and officers shall take
office upon termination of the period of Declarant control specified above.
( c) Notwithstanding anything to the contrary stated elsewhere in this Section 2.5, by a
vote of 6 7 percent of all persons present and entitled to vote at any meeting of the
Owners at which a quorum is present, any member of the Board of Directors may be
removed with or without cause, other than a member appointed by Declarant.
2.6 "Quorum". A quorum will be deemed present throughout any meeting of the Association is
persons entitled to cast 20 percent of the votes which may be cast for election of the Board of
Directors of the Association are present in person or by proxy at the beginning of the meeting.
A quorum will be deemed present throughout any meeting of the Board of Directors of the
Association if persons entitled to cast 50 percent of the votes on the Board of Directors are
present at the beginning of the meeting.
ARTICLE III
PROPERTY RIGHTS IN THE LOTS AND E ASEMENT ARE AS
3. I "Title to the Lots". The Declarant, its successors and assigns, shall convey fee title to the
Lots subject to current real property taxes, which taxes shall be prorated to the date of
transfer, and easements, conditions and reservations then of record, including those set forth
in this Declaration. No Owner shall be entitled to sever his ownership interest in a Lot from
his membership in the Association, provided that this clause shall not be construed as
precluding the Owner of a Lot from creating a co-tenancy or joint tenancy with other person
or persons.
3.2 "Common Easements". The Declarant, its successors and assigns, hereby grants an undivided
non-exclusive interest in the following easements for the purposes of ingress and egress and
utilities, subject to the terms and conditions thereof, and any reservations of record, including
those set forth in this Declaration and noted o n the Plat , to every member:
COUL TER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS , Page 5
• •
(a) That certain Easement Agreement dated April 4, 2002, entered into between Mary
Ann Basely, and David and Mary Ann T onder, subject to the provisions thereof;
recorded in the Office of the Garfield County Clerk and Recorder in Book 1364 at
Page 86 I; and
(b) That certain Easement Agreement dated April 29, 2002, entered into between Mary
Ann Bosely, and Coulter's Pocket L.L.C., subject to the provisions thereof; recorded in
the Office of the Garfield County Clerk and Recorder in Book I 427 at Page 99 I; and
( c) That certain Easement Agreement dated July 1st, 2002, entered into between Dave
Wasserman, Mary Ann Basely, and Coulter's Pocket L.L.C., subject to the provisions
thereof, recorded in the Office of the Garfield County Clerk and Recorder in Book
1367 at Page 89.
3.3 "Members' Easements of Enjoyment". Each such easement shall be appurtenant to and shall
pass with the title to every Lot, subject to the fo llowing provisions:
(a) The right of the Association to adopt uniform rules and regulations pertaining to the
use of the Common Easement Areas for access roadway and irrigation water systems ;
(b) The right of the Association to suspend a Member's voting rights for any period
during which any Assessment against his Lot remains unpaid and delinquent, and for a
period not to exceed thirty (30) days fo r any single infraction of the rules and
regulations of the Association, provided that any suspension of such voting rights
except for failure to pay assessments, shall be made only by the Association or a duly
appointed committee thereof, after no tic e and hearing given and held in accordance
with the bylaws of the Association;
( c) The right of Declarant or its designees to enter upon the planned development for
purposes of construction of the development and for purposes of making repairs and
remedying constructi.on defects, provi d ed such entry shall not unreasonably interfere
with the use of any occupied Lot unless authori ze d by the Lot Owner.
3.4 "Delegation of Use". Any Member may delega t e in accordance with the Bylaws, his right of
enjoyment to the Common Easement Areas to the members of his family, his guests and
invitees, or his tenants, or contract purchasers who are in possession of such Member's Lot.
3.5 "Waiver of Use". No Member may exempt himself from personal liability for assessments
duly levied by the Association nor release the Lot owned by him from the liens and charges
hereof, by waiver of the use and enjoyment of the Common Easement Areas or by
abandonment of his Lot.
3.6 "General Restrictions". All future Owners o f the Lots by their acceptance of their respective
deeds, covenant and agree as follows:
COULTER 'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS , Page 6
• •
(a) That the Common EasemenLs shall remain undivided, it being agreed that this restriction is
necessary in order to preserve the rights of Owners with respect to the operation and
management of the Property.
(b) The Association shall have a perpetual and non -exclusive easement on all Lots for the purpose
of ingress and egress in connection with the maintenance of and repairs to the access road
easement or the irrigation water system.
(c) The Association shall implement and follow a program of noxious weed control which shall
address the control and elimination of Canadian Thistle and other plant species included on
the Garfield County Noxious Weed List. In general, the weed management plan shall consist
of the following components:
(i) "Prevention and Control". The quick revegetation of disturbed areas with weed free
grass seed and the maintenance of native or introduced vegetation in a healthy,
vigorous condition producing optimum vegetative densities will leave noxious weed
little opportunity to establish. Top soil may be salvaged, however, no stockpiles of
soil/ aggregate will be exposed for 90 days or more without soil cover, any
disturbances of soil will be revegetated within 90 days.
(ii) "Inventory". Each Lot should be inspected to identify any infestations of noxious
weeds. An accurate record should be kept of the application and success of weed
infestation eradication efforts.
(iii) "Eradication". Elimination of noxious weeds can be achieved through:
(I) Mechanical Controls physically remove the entire weed plant or eliminate the
plant's ability to produce seed.
(II) Biological Controls relying on organisms (insects or plant pathogens) to
interfere with weed growth.
(III) Chemical Controls use he r bicides to eliminate weeds. Special care must be
used with herbicides to avoid damage to desirable plat species and to avoid
contamination of ground water.
(iv) An effective weed management program may involve all three (3) methods of
eradication as well as a long term commitment to prevention and control. Assistance
in the development and implementation of a weed management program is available
through the Colorado State University Co-operative Extension Service and from the
Garfield County Office of Vegetation Management. It is the individual Lot Owner's
responsibility according to the Colorado Noxious Weed Act and Garfield County's
Weed Management Plan, to manage any noxious weeds on his or her property. In the
event a property owner fails to effectively control noxious weed on their Lot, the
Association shall have the right to enter upon the Lot and conduct a weed control
program within the area of such Lot.
COULTER 'S POCKET SUBDIVlSION EXEMPTION
EASEMENTS and COVENANTS , Page 7
• •
ARTICLE IV
COVENANT FOR A.._S..SES..SM E N T S
4.1 "Creation of the Lien and Personal Obligation o f Assessments". T he undersigned, for each
Lot within the Property (including any Lots su bsequently added under Article XII below),
covenants, and each Owner of any Lot by acceptance of a deed for that Lot, whether or not it
shall be so expressed in that deed, is deemed to covenant and agree to pay to the Association:
(a) all assessments or charges levied against tha t Lot; (b) all fees, charges, late charges,
attorneys fees, fines, collection costs, and interes t charged pursuant to this Declaration or any
other applicable law. All items set forth in this section, from the time such items become due,
shall be a charge on covenant running with the land and shall be a continuing lien on the Lot
against which each such item is charged. If an assessment is payable in installments, each
installment is a lien from the time it becomes due, including the due date set by an valid
Association, accele r ation of installment obligatio ns. E ach such item, together with interest,
costs, and reasonable attorneys fees, shall also be the join and several personal obligation of
each person and entity who was the Owner of the Lot at the time when the item became due.
This personal obligation shall not pass to an Owner's successors in title unless expressly
assumed by them. No Owner may be exempt fr om liability for assessments by waiver of use
or enforcement of Common Expenses, Associa t ion, Water, or other assets or benefits of the
Association, or by abandonment of Lot or Res idence.
4.2 "Purchase of Assessments". The Assessments le vied by the Association shall be used
exclusively for: Common Expenses; to promote the health, safety, or welfare of the residents in
Coulter's Pocket, or for the benefit of the Cornmon Easements or A<;sociation Water; or for
any other purpose of the Association as those p urposes are specified by the Articles of
Incorporation of the Association (as amended from time to time).
4.3 "Initial Assessmen t ".
(a) The initial assessment for Common E xpenses of the Association shall be fixed in an
amount set by , and made upon the res o lution of the Board of Directors of the
Association.
(b) After any assessment has been made by the Assoc iation, assessments shall be made no
less frequently than annually based on a budget adopted by the Association as
described elsewhere in this Declaration . Assessments may include, without limitation,
allocations for reserves for repair or r eplacement of existing c apital items and
acquisition, construction, and existing capital items and acquis i tion, construction, and
installation of new improvements, all to the extent set forth in the approved budget
upon which such assessment is based.
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EASEMENTS and COVENANTS, Page 8
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4.4 "Date of Commencement of Annual Ao;sessmen t ; Due Dates". The first Assessment for
Common Expenses shall be adjusted according t o the number of months remaining in this
calendar year for which the Assessment is made, if less than a full year. Thereafter, the Board
of Directors shall fix the amount of the Annual Assessment against each Lot at least thirty
(30) days in advance of each Annual Assessment period. Written notice of the Annual
Assessment shall be sent to every Owner subjec t to the Assessment. The due dates shall be
established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth
whether the Assessments on a specified Lot have been paid.
4.5 "Expense Allocation". Except as otherwise stat ed in this section, each Lo t shall be allocated a
fraction of the Common Expenses of the Association in whi ch the numerator is one and the
denominator is the number of Lots then in the Property. Any Common Expense or portion of
any Common Expense benefitting or caused by fewer than all Lots shall be assessed exclusivdy
against the Lots benefitted by or causing the Common Expense.
4.6 "Effect of Non -Payment of Assessments: Remedies of the Association". Any Assessment not
paid within thirty (30) days after the due date shall bear interest from the due date at a rate
not exceed 2 I percent per annum set annually b y the Associations' Board of Directors. In the
even the Board fails to set the interest rate, the rate shall be I 5 percent per annum.
4.7 "Priority of Lien". The lien for assessments wh ich includes all those items specified in item
(a) and (b) in Section 4.I of this Article IV shall have the priority specified in CCIOA which,
as of the date of this Declaration, is codified at Section 38-33 .3-3 I 6(2), C.R.S.
ARTICLE V
BUDGET AND RECORDS
5. I "Books and Records". The Board of Directors shall cause to be maintained a full set of books
and records showing the financial condition o f the affairs of the Association in a manner
consistent with generally accepted accounting p r inciples. All books, records, and papers of
the Association shall be available for inspection and copying by any Member or his
representative during regular business hours a t the principal office of the Association. The
Board of Directors may establish reasonable rules concerning notice to be given the custodian
of the records by anyone desiring to inspect them, and payment of costs or reproducing any
documents requested by any Member.
5.2 "Annual Budget". The Board of Directors shall cause to be prepared no less than annually an
operating budget, balance sheet, and cash flow s tatement for the Association .
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5.3 "Delivery of Budget". Within thirty (30) days after adopLion of any proposed budget, the
Board of Directors shall mail, by ordinary first-class mail , or otherwise deliver a summary of
the budget to all Owners and shall set a date fo r a meeting of the Owners to consider
ratification of the budget not less than fourteen ( 14) nor more than sixty ( 60) days after
mailing or other delivery of the summary.
5.4 "Ratification of Budget". Unless at that meeting Owners representing a majority of all Lots
reject the budget, the budget is ratified, whether or not a quorum is present.
5.5 "Rejection of Budget". In the event that the proposed budget is rejected, the present budget
last ratified by the Owners must be continued until such time as the Owners ratify a
subsequent budget proposed by the Board of Directors.
5.6 "Reserve fund". As part of each annual budget, the Board of Directors shall include an
amount which, in its reasonable business judgment, will establish and maintain an adequate
reserve fund for the replacement of any personal property, fixtures, and improvements
required to be operated or maintained by the As sociation based upon age , remaining life,
replacement cost, and any other relevant factors.
ARTICLE VT
NON-PAYMENT OF J\SS FSC)M E NTS
6.1 "Delinquency". Any Assessment provided for in this Declaration which is not paid when due
shall be delinquent. If any such Assessment is not paid within thirty (30) days after the
delinquency date, the Assessment shall bear interest from the date of delinquency at a rate not
to exceed 21 percent per annum and in additio n to all legal and equitable rights and remedies,
the Association may, at its option, bring an ac ti on at law against the Owner personally
obligated to any the same or, upon compliance with the notice provisions set forth in Section
6.2 hereof, proceed to foreclose the lien (provi ded for in Section 4.1 hereof) against the Lot,
and there shall be added to the amount of such Assessment and interest thereon, all costs
which may be incurred by the Association in the collection thereof, including reasonable
attorneys fees. Each Owner vests in the Association or its assigns, the right and power to
bring all action at law or institute judicial foreclosure proceedings against such Owner or
other Owners for the collection of such delin q uent Assessments.
6.2 "Notice of Claim of Lien". No action shall be brought to foreclose an Assessment lien or
proceed under power of sale as provided in Sec tion 6.3 less than thirty (30) days after the
date a notice of claim of lien is deposited in the United States mail, certified or registered,
postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association
in the office of the County Recorder in the county in which the Property is located. Said
notice of claim oflien must recite a legal description of any such Lot, the record or reputed
Owner thereof, the amount claimed (which may at the Associations' option include interest on
the unpaid Assessment, plus reasonable attorneys fees and expenses of collection in connection
with the debt secured by said lien), and the name and address of the Association as claimant.
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6.3 "f-oreclosure Sale". Any such provided for above is to be conducted in accordance with those
provisions of the laws and rules of the courts of the State of Colorado applicable to the
foreclosure of mortgages and deeds of trust, or in any other manner permitted or provided by
law. The Association, through its duly authorized agents, shall have the power to bid on the
Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same, in the
name of the Association.
6 .4 "Curing of Default". Upon the timely curing of any delinquency for which a notice of claim
of lien was filed by the Association, the officers of the Association are hereby authorized to
file or record, as the case may be, a certificate setting forth the satisfaction of such claim and
release of such lien, upon payment by the defaulting Owner of a fee, to be determined by the
Association, to cover interest, the costs of preparing and filing or recording such release, and
other expenses incurred.
6.5 "Cumulative Remedies". The Assessment lien and the rights of foreclosure and sale
thereunder shall be in addition to and not in substitution for all other rights and remedies
which the Association and its assigns may have hereunder and by law, including a suit to
recover a money judgement for unpaid Assessments, as above provided, all remedies being
cumulative.
ARTICLE VII
OWNER'S USE
7. I "Authority". The Association shall have all rights, powers, and authority specified or
permitted by: 9(a) CCIOA; (b) any other applicable law; (c) this Declaration; and (d) the
Articles and 13ylaws of the Association to the extent not inconsistent with (a), (b ), or ( c).
7.2 "Actions Against Owners". The Association may take judicial action against any Owner to
enforce compliance with any provisions of this Declaration, obtain mandatory or injunctive
relief, or obtain damages for non-compliance and exercise any other right or remedy for
enforcement of this Declaration permitted by l aw. All of such rights and remedies of the
Association shall be cumulative.
7.3 "Conveyance or Encumbrance". The Association shall have the right to encumber, dedicate,
or convey all or any pa.rt of the Association in t erest in Association Water or any other
Association asset. However, no such encumbrance, dedication, or conveyance shall be
effective except in an instrument signed by 75 percent of the Owners, including 75 percent of
all Owners other than Decla.rant, agreeing to such encumbrance, dedication, or transfer which
has been recorded in the Garfield County records. Such an instrument may be signed in
counterparts which shall together constitute a single agreement.
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7.4 "Ddegation of Use". Any Owner may ddegate, subject to any Bylaws of the Association, his
right of enjoyment to the Common Easements and use of Association Water to the members
of his family residing with him, his tenants, or contract purchasers who reside on the Lot
owned by that Owner.
7.5 "Declarant's User". Notwithstanding any provisions herein contained to the contrary, it shall
be expressly permissible for Declarant, its successors and assigns, or any agent contractor,
subcontractor or employee of the Declarant to maintain during the period of construction and
sale upon such portion of the properties as Declarant deems necessary such facilities as in the
sole opinion of Declarant may be reasonably required, convenient or incidental to said
construction and sale, including, but without limitation, a business office, storage area,
construction yards , signs, modd units and sales office.
7.6 Design Review Guiddines. The Association may adopt, establish and publish from time to
time Design Guiddines. The Design Guiddines shall not be inconsistent with this
Declaration, but shall more specifically define and describe the design standards for Property.
The Association may also establish reasonable criteria, including, without limitation,
requirements rdating to design, scale and color , as the Association may deem appropriate in
the interest of preserving the aesthetic standards of the Property. The Design Guiddines may
be modified or amended from time to time by the Association. Purther, the Association, in its
sole discretion, may excuse compliance with the Design Guiddines which are unnecessary or
inappropriate in specific situations and may p ermit compliance with different or alternate
requirements. Compliance with the Association's Design Review process shall not be a
substitute for compliance with applicable gove rnmental building, zoning and subdivision
regulations. Each Tract Owner shall be responsible for obtaining all approvals, licenses and
permits as may be required before commencing construction.
(a) Design Review. The Association shall re view, study and either approve or reject proposed
improvements in the Property, in compliance with this Declaration and the Design Guiddines.
Each application for design review shall include such plans and specifications and other
information as may reasonably be required by the Association. In any Design Review, the
Association shall exercise its best judgement to see that all Improvements conform and
harmonize with any existing structures as to external design, quality and type of construction,
materials, color, location of improvements, height, grade and finished ground devation and all
aesthetic considerations set forth in this Declaration and in the Design Guiddines. The
Association's exercise of discretion in approval or disapproval of plans or with respect to any
other matter before it shall be conclusive and binding on all parties.
(b) Design Review Procedures. The President or other executive officer of the Association
shall preside over all meetings for Design Review and shall provide for reasonable notice to
each member of the Association before any such meeting. The notice shall set forth the time
and place of the meeting, and notice may be waived by any member. The affirmative vote of
the majority of the members of the Association shall govern its actions and be the act of the
Association. A quorum shall cons ist of a majority of the members. Any applicant member
COUL TER 'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Pa ge 12
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seeking a Design Review nevertheless shall be entitled to vote on any action or decision. The
Association may avail itself of technical and professional advice and consultants as it deems
appropriate. The Association shall make such rules as it may deem appropriate to govern such
proceedings.
( c) Design Review Expenses. The Association shall have the right to charge a reasonable fee
for each application submitted to it for Design Review, in an amount which may be
established by the Association from time to time, and recover the reasonable costs and
expenses of any technical and professional advi ce and consultants required to properly
consider the application and to generally defray the expenses of the Association for this
purpose.
( d) Limitation of Liability. The Association shall use reasonable judgement in accepting or
rejecting plans and specifications submitted to it for Design Review. Neither the Association,
Declarant, nor any officer, Executive Board member or individual Association member, shall
be liable to any person for any act of the Association concerning submitted plans and
specifications, except for wanton and willful acts. Approval by the Association does not
n ecessarily assure approval by any governmental authority having jurisdiction.
Notwithstanding Association approval of plans and specification, neither the Association nor
any of its members shall be responsible or liabl e to any Tract Owner, developer or contractor
with respect to any loss, liability, claim or expenses which may arise because of approval of the
construction of the Improvements. Neither the Executive Board, the Association, nor
Declarant, nor any of their employees, agents or consultants shall be responsible in any way
for any defects in any plans or specifications s u bmitted, revised or approved in accordance
with the provisions of the Declaration, nor for any structural or other defects in any work
done according to such plans and specifications.
7.7 "Owner's Use". In addition to the duties stated elsewhere in this Declaration, each Owner
shall have the duty and obligation to perform and comply with the following restrictions to
preserve the overall value of the entire property:
(a) "Size and Material Restrictions of Dwellings". No dwelling shall be erected or placed on
any Lot in Coulter's Pocket unless said dwelling has a ground floor area (exclusive of porches,
garages, and decks) of I 500 square feet or more. No dwelling shall be erected or placed on
any Lot in Coulter' s Pocket unless said dwelling has a total finished floor area (exclusive of
porches, garages, and decks) of I 500 square feet or more. Buildings will be residential in
scale and the use of porches, patios, decks, and courtyards projecting from the principal
building will be encouraged. The minimum allowable roof pitch shall be 8/ 12. Material
for roofs shall be concrete or clay tile, non-re fl ective metal, or asphalt shingles. Exterior
siding must be primarily of natural materials. Siding may be of redwood, cedar, or any wood
properly finished. Natural Stone, synthetic s t one, brick, stucco, or synthetic stucco may be
used for any exterior walls, but masonry wall s must be limited to masonry type for each
elevation . Hardboards and compressed material siding are not permitted, except quality
Masonite lap siding.
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(b) "Colors". All colors of materials which are to be fmished shall be painted or stained in
"muted tones". Bright colors are not acceptable . All projections, including flues, vents,
gutters, down spouts, and flashings shall match the color of the surface from which they
project or a trim color which is compaLiblc.
( c) 'Tireplaces and Stoves". No open hearth solid fuel fireplaces will be allowed anywhere
within Coulter's Pocket. One (I) new solid-fuel burning stove as defined by C.R.S. 25-7-
401, et seq, and the regulations promulgated thereunder, will be allowed in any dwelling unit.
All dwelling units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
( d) "Waivers". Waivers of any provision of the restrictions set forth in this Article VII may
be requested with submission of plans and specification. There shall be a statement of reasons
for any requested waiver of these restrictions. The Association shall determine whether any
requested waivers are reasonable and permissible in Coulter's Pocket.
( e) No storage of new or used construction materials shall be allowed unless in an approved
enclosed area, except during construction or remodeling periods.
(f) No advertising or signs of any character shall be erected, placed, permitted, or maintained
on any Lot or building except:
(I) A name plate of the occupant and a street number not to exceed eight (8)
square feet.
(II) "f.or Sale " signs.
(III) Signs which the first Amendment to the constitution of the United States of
America would allow despite restriction, but then only those which are not
large or overbearing.
(g) Each Lot Owner shall at all times keep hi s, her, or its property in a clean, sightly, and
wholesome condition. Each Lot Owner shall p rovide suitable receptacles, with secured lids or
covers, for the temporary storage and collection of refuse.
(h) Propane tanks located at Coulter's Pocket shall be underground, fully screened or
enclosed.
(i) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of th e subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the Lot boundaries.
(j) All equipment, garbage, or storage piles shall be kept so as to conceal them from view of
neighboring Lots and streets. All rubbish, trash, or garbage shall be regularly removed from
the Lots and shall not be allowed to accumul a te thereon.
COUL TER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 14
(k) The maximum height of fences shall be sixty (60) inches. All rail fences and 3-strand
wire fences shall have a twelve (I 2) inch separation between the top two rails or wires. Catch
corral fences enclosing less than five thousand (5,000) square feet of area are exempt from
these fencing standards. Chain link fences up to six (6) feet high will be allowed for the
purpose of kenneling a dog. A six (6) feet high privacy fence may be used to enclose a
contiguous area of not more than two thousand (2,000) square feet when located immediately
adjacent to a residence. All new fencing shall comply with the Colorado Division of Wildlife
fencing standards.
(1) All utilities, (including but not limited to power lines, telephone lines, and TV cable
lines) serving any improvements, (this includes primary residential buildings as well as
secondary structures such as guest houses, garages, outbuildings, and storage sheds), shall be
underground except for electrical power service.
( m) No further subdivision by exemption from the rules of subdivision of any Lot or
combination of Lots covered hereunder shall be permitted.
(n) The grading of the Lots shall remain as close to original grade as possible, and no
excessive grading shall be done.
( o) No Lot Owner shall change or allow material changes in the drainage of water onto any
adjoining Lot, Common Area, or easement.
(p) No Lot Owner wi11 cause or allow siltation and subsequent damage caused by siltation
(such as obstruction of ditches), where material has washed from the offending Lot.
( q) No Lot Owner will cause or allow erosion caused by diversion of any water onto an area
not designated for proper drainage or diversion of storm water onto an adjoining Lot or
common easement area.
( r) Upon completion of any improvement or construction on any Lot, the Owner shall to the
greatest extent possible, as a minimum, restore the Lot to the condition which existed prior to
the construction (taking into account such con s truction~
( s) All roadcuts for private driveways and all excavations and site disturbances shall be
revegetated with native plant materials or other landscape materials within one (I) year of
commencement of construction. Site disturbance shall be restored, to the greatest extent that
is practical, to its original condition.
( t) All private driveways shall be identified at or near the intersection with the common
access road with the address number to identi fy each Lot. The numerals should be clearly
visible from the road.
COULTER 'S POCKET SUBDIVISION EXEMPTION
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8.5 "Trailers, Single and "Double Wide", and "Modulars"". No house trailers shall be permitted
in Coulter's Pocket except as provided in paragraph 8.4 above. All homes shall be
constructed on a permanent foundation. Modular and/ or factory built homes may be
approved if the design is consistent with the standards for Coulter's Pocket.
8.6 "Burning". No open burning shall be allowed unless supervised by the local fire department.
However, trash or garbage may be burned on th e property only in an approved incinerator and
in compliance with all Garfield County regulations. No coal or other types of fuel which give
off smoke, except wood, gas, or pellets, shall be used for heating, cooking, or any other
purpose.
8.7 "Livestock". No commercial animals, livestock, or poultry of any kind shall be allowed,
raised, bred, or kept at any residence, except that livestock consisting of cows, horses, goats,
pig or sheep may be kept for personal use as lo ng as the total number of animals is four ( 4) or
less . Livestock shall not be kept for breeding o r commercial purposes. Grazing of permitted
livestock shall be done in a manner so as not t o denude vegetation or "graze to dirt" except
that livestock may be contained in a fenced area not to exceed I/ 4 acre per animal which may
be maintained free from grass or vegetation. Chickens and rooster may be kept for personal
use so long as they are confined (not free roaming) and their total number is ten (I 0) or
fewer.
8.8 "Household Pet.c;".
(i) One (I) dog will be allowed for each r es idential unit and the dog shall be required to
be confined within the Owner's property boundaries.
(ii) Pets shall be confined to the Lot of the resident by an above-ground fence; invisible
electric fence attached to a dwelling u n it ; kennel; tether attached to a fixed , immovable
object, the length of which will not allow the dog to trespass on another resident's
1...oL; or a lea.'ih.
(iii) Pets shall be on a leash and under the control of the Owner when off the Lot and not
allowed to run freely outside of the resident's Lot.
(iv) Pets shall not be allowed to chase or molest wildlife or any domestic animals or
person, destroy or disturb property o f another, or threaten public safety.
( v) Residents of each Lot shall be respons ible for assuring compliance with the
restrictions set forth herein of any dog inhabiting their Lot with their permission.
8.9 "Offensive Activities". No noxious, offensive or illegal activity shall be permitted on any Lot
or the Property, nor shall anything be done thereon which may be or become an annoyance or
nuisance to other owners, including, but not l imited to, noxious fumes, smoke, excessive or
continuing loud noises, interference with radio or televi s ion reception , and excessive draining
of water or other effluents onto any adjoining Lot.
COULTER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 17
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8.16 "Vire Protection". Coulter's Pocket is within the Grand Valley f-ire Protection District
(GVf-PD) and all houses built within Coulter's Pocket must comply with the rules,
regulations, and recommendations of the GVf-PD. A water supply shall be located within
ISO feet of a residence and a 4Yz" hydrant connection capable of providing 500 gallons per
minute. The water supply capacity shall be de t ermined by the square footage of the residence.
A storage tank at least 2,500 gallons in size m ust be provided for residences having 3,500
square feet or less. Residences larger than 3,500 square feet must provide adequate storage
and a sprinkler system. Sprinkler systems shall adhere to Nf-PA 130 and supplied from
cistern. Access to and from the all lots and d efensible space shall meet the C.Sf-S NFPA 299
standard, and such access is hereby granted to the Grand Valley f-ire Protection District. The
use of water stored in fire water cistern, in the event of emergency, is not limited to a specific
residence where the cisrem is located and this use and need shall be at the discretion of the
Fire District.
ARTICLE IX
ACCESS, WATER RIGHTS, ANO SEWAGE DISPOSAL ANO EASEMENTS
9. I "Private Road Maintenance and Standards".
(a) Any Private Road in Coulter's Pocket serving two (2) or more Lots shall be
maintained as gravel roads approximat ely twenty (20) feet wide. They shall be
maintained to ensure safety of ingress and egress . The maintenance standards for the
Private Roads are those shown below:
(a) The Private Roads arc to be kept free of pot holes, ridges, "washboards", and
ruts that are severe and pose a danger to those traveling on the road.
(b) Water runoff is to be controlled by regular grading as necessary.
( c) Additional road base is to be b rought in as necessary to meet these standards
or as agreed to by the Lot owners sharing the roads.
( d) In the winter, snow removal may be done by Lot owners or may be contracted
by the Association. The Private Roads may be sanded on any inclines as
determined by the Association.
(b) When any Lot owner (hereafter "Member") determines that the Private Roads are in
need of being rebuilt, repaired, improved, and/ or maintained to the standards
described above, that Lot owner shall notify the director of the road committee (if
none has been elected, then the Presi d ent of the Association). The written
notification shall describe the nature o f the proposed building, rebuilding, repairs,
and/ or maintenance. The President shall call a meeting of the Association not more
than three (3) weeks after receipt of the written notification, and not less than seven
(7) days before the date of the notice to the members. The purpose of the meeting
shall be to determine the need for work and/ or to obtain bids for the proposed work.
Any Lot owner may bring a bid or bi ds . The Lot owners present shall vote on
whether to do the repairs and work; i f they so decide, the Lot owners shall select the
least expensive bid from a competent and qualified contractor. The decisions of
whether the repairs are needed and wh ich bid to accept should be by majority vote of
COULTER ·s POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 19
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(b) Members of the Water Committee shall have the right to enter property of all lots through
which the corresponding ditches pass to do maintenance or construction. Members who are
responsible for said maintenance or construction must give the homeowner where work is
intended to be performed at least three (3) days notice of intent to perform the work.
Whenever poss ible the Water Committee must try to accommodate homeowners so the Water
Committee activities are carried on at times convenient to the homeowners.
(c) Homeowners oflots not now irrigated agree t o co -operate in the construction of new ditches
which will carry irrigation water to as many lots as possible. All lot owners whose lots are
proposed to be crossed by irrigation ditches must agree to the location of new irrigation
ditches prior to construction. Homeowners may not unreasonably withhold approval for a
proposed ditch location if it is the only prac tical location which would allow irrigation water
to reach his lot and other lots downstream.
( d) Ten foot (IO') wide easements shall automa ti cally be created by the construction of new
irrigation ditches by the Association and the locations of these ditches shall be documented by
an amendment to the Declaration which modifies Exhibit "B", a reduced copy of the plat for
Coulter's Pocket, to show all irrigation ditches then in use by the Association and its
members .
(e) In an emergency members may enter upon homeowners property through which any ditches
subject to this Declaration pass to repair a d itch or to mitigate some water or ditch related
problem so as to minimize any damage. In such an emergency no notice shall be necessary to
the affected homeowners.
9.3 "Domestic Water Ownership".
(a) All water rights for domestic water shall be owned by the Lot Owners.
"Individual Wells". Each of Lots I and 2 will share a common well that is identified as Well
Permit No.247946, and Lots 3 and 4 will share a common well that is identified as Well
Permit No.247945, and each Lot shall be entitled to use of the water therefrom for in house
use in one single family dwelling and irrigation of up to one-half an acre of lawn/ garden
subject to the tenns and conditions contained in said Well Permits. All wells for domestic
water drilled or dug by Declarant shall be owned jointly by the Lot owners who receive their
domestic household water supply from the respective wells. It shall be the responsibility of
the Lot owners to obtain the transfer of ownership of said wells be filed with the Office of the
Division Engineer of Water Resources for the State of Colorado. The homeowners shall pay
for such permits and all costs as may be incurred for drilling any additional wells. Regarding
wells shared with other homeowners, all shared well costs shall be borne equally among
the homeowners using shared wells. The h omeowners shall be responsible for maintenance
and operation of shared wells. Water supplies based on use of cistern
COUL TER'S POCKET SUBDIVlSION EXEMPTION
EASEMENTS and COVENANTS, Page 21
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shall use a minimum IOOO gallon tank. Domestic water supply is based on an
assumption of an average of 3.5 people per dwelling unit using I 00 gallons of water
per person per day.
9.4 "ISDS Operation and Maintenance Standards".
(a) All individual sewage disposal systems shall be engineered as specified in Section 9.I.
(b) "Responsibility". The Owner and the party in possession of real property upon which
an individual sewage disposal system is used, shall be jointly and severally responsible
for operation and maintenance of the system unless jurisdiction for responsibility has
been transferred to a public, quasi-public, or political subdivision. The person
denying such responsibility shall bear the burden of proof for such denial upon
esLablishment of ownership or possessor rights in the property served by the system.
( c) "Maintenance and Cleaning". If required by the Garfield County Health Department,
for the purpose of obtaining compliance with rules and regulations; the Owner or user
of a system shall provide for maintenance and cleaning of an individual sewage
disposal system and shall notify the Garfield County Health Department upon
completion of any maintenance work and report to said Department and submit such
evidence of compliance with any maintenance and cleaning schedule in the form and as
the Department requires.
(d) "Monitoring and Sampling".
(i) "Disposal of Waste Materials". Disposal of waste materials removed from a
system in the process of maintenance or cleaning shall be accomplished at a
site approved by local county officials in a manner which does not create a
hazard to the public health, a nuisance or an undue risk of pollution and
which complies with state and local rules and regulations. (See Sludge
Regulations and Solid Waste Regulation).
(ii) "No Discharge is Permitted Which Does Not Comply with Rules and
Regulations". No sewage or effluent shall be permitted to be discharged into
or upon the surface of the ground or into state waters unless the sewage
system and effluent meets the minimum requirements of applicable rules and
regulations.
(iii) "Termination of Use of System". The contents of a septic tank, vault, or
seepage pit, the use of which has been terminated, shall be properly disposed
of whereupon the emptied tank, vault, or pit shall be filled with soil or rock,
or the health officer may require the tank or vault to be removed and disposed
of properly.
COUL TER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 22
• •
( e) In the event that non-compl iant surface effluent or surface discharge occurs from an
ISDS which has not been properly maintained or periodically cleaned, the Association
shall have the right to enter the property and cause to be performed such maintenance
or cleaning. The cost of such maintenance and/ or cleaning along with any fines for
violation of this Declaration shall become an assessment and if unpaid within thirty
(30) days, a lien on the property of the homeowner in violation.
9.5 "Ea..c;ements".
(a) Easements are described on the Plat of Coulter' s Pocket, a reduced copy of which is
shown on Exhibit "B". These easements have been and hereby are reserved for ingress,
egress, emergency access, drainage struc tures and utility purposes (water, sewer,
electricity, gas, cable, 1V, etc.). Easements may also be used for identification signs
and landscaping by the Association.
(b) All parties are referred to the Plat for descriptions of all easements. Easements and
rights-of-way as shown on the Plat are hereby reserved for the benefit of the
Association and for the benefit of each Lot owner in Coulter's Pocket Subdivision
Exemption. This Plat is available from Declarant and each Lot owner may receive a
copy of his Plat at closing.
( c) Each Lot owner has utility easements, the Lot owner shall have the responsibility for
maintenance and construction within the easements shown on the Plat. There may be
further easements filed at a later date under the provisions of the Declaration.
(d) There shall be utility easements along the southerly boundary of all lots in Coulter's
Pocket Subdivision Exemption as shown on the Plat. These easements may be used by
Xcel, Qwest, and any other utility provider for the purposes of distribution of
electricity, telephone, TV cable, gas and other utilities. All such utilities in these
utility easements shall be underground except for electrical power service.
( e) Declarant has certain rights regarding easements and roadways as follows: Declarant
hereby reserves, for itself and its successors and assigns, in all easements and roadways
within Coulter's Pocket Subdivision Exemption an easement for ingress, egress,
emergency access, drainage structures, and utility purposes (water, sewer, electricity,
gas, cable TV, etc.). These easements shall include the right for Declarant and its
successors and assigns to install, opera te, maintain, repair, remove, and replace such
temporary and permanent facilities as Declarant or its successors and assigns may
desire, including but not limited to the installation, maintenance, repair, removal, and
replacement of identification signs and landscaping. These easement rights are for the
benefit of each Lot owner and Declarant and are also assignable by Declarant.
COULTER ·s POCKET SUBDIVlSION EXEMPTION
EASEMENTS and COVENANTS , Page 23
(f) Declarant may, in its sole discretion, assign rights hereunder to third parties. If
Oeclarant assigns or grants easements, there may be no sharing of road maintenance
costs or Declarant may determine a proportion of road maintenance costs to be paid
by grantees.
(g) No Lot owner will misuse, abuse or damage roads, common easements or common
areas.
ARTICLEX
RIGHTS OF LENDERS
IO.I "Relationship with Assessments Liens".
(a) The lien provided for in the Article hereof entitled "Non-Payment of Assessments"
for the payment of Assessments shall be subordinate to the lien of any Mortgage
which was recorded prior to the date any such Assessment becomes due.
(b) If any Lot subject to a monetary lien created by any provisions hereof shall be subject
to the lien of a Mortgage: (I) the foreclosure of any lien created by anything set forth
in this Declaration shall not operate to affect or impair the lien of such Mortgage; and
(2) the foreclosure of the lien of said Mortgage, or sale under a power of sale included
in such Mortgage (such events being hereinafter referred to as "Events of
f-oreclosure") shall not operate to affect or impair the lien hereof. except that any
persons who obtain an interest through any of the Events of foreclosure, and their
successors in interest, shall take title free of the lien hereof or any personal obligation
for said charges as shall have accrued up to the time of any of the Events of
foreclosure, but subject to the lien hereof for all said charges that shall accrue
subsequent to the Events of Foreclosure.
( c) Any Mortgagee who obtains title to a Lot by reason of any of the Events of
foreclosure, or any purchaser at a private or judicial foreclosure sale, shall take title to
such Lot subject to any lien or claim for unpaid Assessments against such Lot which
accrue prior to the time such Mortgagee or purchaser takes title to such Lot, including
liens or claims for a share of such Assessments resulting from a pro rata reallocation
of such Assessments to all Lots within the Property.
( d) Nothing in this Section shall be construed to release any Owner from his obligations
to pay for any Assessment levied pursuant to this Declaration.
ARTICLE Xl
SPECIAL DECLARANT RIGHTS
I I. I "Addition and Withdrawal of Propeny". Additional parcels within the area described in
Exhibit "A", attached hereto and incorporated herein, may be annexed by the Oeclarant
COUL TER 'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 24
-
•
( c) "Term". The provisions of this Declaration shall each constitute covenants running
with the land applicable to all of the Lots, binding Declarant and all persons and
entities claiming by, through, or under it for a period of twenty (20) years from the
date of this Declaration. Thereafter, this Declaration shall be automatically extended
for successive periods of twenty (20) yea rs each, without action by or notice to any
person or entity.
( d) "Amendment". All or any portions o f this Declaration other than the provisions of
Article X may be supplemented, changed, or canceled in whole or in part at any time
by the consent of 67 percent of the Lots evidenced by an instrument in writing signed
by all of the then Owners of the Lots in a manner provided by law at the time for
conveyance of real property, when that instrument is duly recorded in the office of the
Clerk and Recorder of Garfield County, Colorado. Upon recordation in that manner,
any modification of this Declaration sh all be valid and binding upon the Owners of
the Lots and their heirs, personal repres entatives, successors in interest, and assigns.
(e) "CCIOA Controls". Any provision of this Declaration in conflict with the provisions
of CCIOA shall be void and of no effec t.
(f) "Notice". Any notice or demand req u ired or permitted by this Declaration shall be in
writing and shall be sent by United States first -class mail, postage prepaid, to the
address of the Owner of the Lot( s) to receive notice at the address provided by the
Owner for that purpose to the Secretary of the Association. If the Owner fails to
provide an address to the Secretary, notice shall be sent to the address of the Owner
specified in the deed recorded in the Garfield County, Colorado, real estate records by
which that Owner took title and to the street address of the Lot, if any.
(g) "Section Headings". The Section titl es and headings used in this Declaration are for
identification purposes only and shall not be utilized to interpret or construe the
provisions of this Declaration.
(h) "Iurisdiction" In any litigation concerning these casements and covenants, the laws of
the State of Colorado shall be applie d.
(i) "Severability". Invalidation of any one of these covenants or restrictions by judgment
or court order shall not affect any of the other provisions of this Declaration, which
shall remain in foll force and effect.
COULTER'S POCKET SUBDIVISION EXEMPTION
EASEMENTS and COVENANTS, Page 26
•
,.
l . •• .I • •
Legal description of property :
Applicant owns the east thirty acres of the SW114SWV. and SE 1ASWV. all in Section 9, Township 7
So ., Range 95 West of the 61h P.M .. The application is for a well on the westerly 35 acres.
EXH I BIT "A " D ECLARATION OF EA S EMENTS . & COV ENANTS
r'OTJT.'l'P.P •s POr'KP.1' SllBD T VTS TON EXEMP T IO N
Wate r Meter
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Proposed 18-inch ADS-N12 culvert. Minimum grade of 1 %
with 12-inches of cover over crown.
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Direct north sid e ditch flow to a culvert to be constructed under the existing entrance. Culvert
shall be ADS-N 12 a minimum of 18-inches in diameter with a minimum grade of 1.0 % draining
to south side of entrance . Culvert shall be constructed with a minimum of 12 -inches cover over
crown of pipe.
\ \ J "\ Fence Li ne
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Construct road side ditches along both sides of existing gravel drive. Ditches
shall be a V-type configuration a minimum of 18-inches deep by 3-feet wide and
shall be constructed so as to provide positive drainage continuously towards
Battlement Parkway .
Direct south side ditch flow to existing culvert inlet.
Clean existing culvert if necessary .
Existing 12" CMP
Inv. Elev. = 5379.33'
Existing 12" CMP
Inv. Elev. = 5376.01'
40
NOTES :
"
GRAPHIC SCALE IN FEET
1 INCH : 40 FEET
CONTOUR INTERVAL" 1 FEET
80
1. Survey and existing conditions layout was provided by Bookcliff Surveying, inc. of Rifle, CO.
2. A drainage study was not performed for the area that may contribute to flow in the proposed
ditches and culvert. The structures sizes were estimated using typical sizes.
3. Gamba & Associates, inc. is not responsible for any inaccuracies in the original data provided
nor for any damage from flooding due to undersizing of drainage structures . A full drainage
study and flow analysis can be conducted upon request.
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1 B·inch culvert directing north side ditch
flow under the existing entrance to the
main drainage on south side of road . Rise
in road over pipe . Culvert grade = 2 .15 %
• •
~ ~ Fe nce Line
--x--x--x x x----_ •
1
•• _ .• ~.--=-:-~:-=-.~-:-=.x.--:-= x--x--x--x--x--x--x--x--x--_ ... _ ... _ ... _ ... _ .. ---. /// - -f--· - - -_\_ _ -_· ~ -=-· ~ -=-· ~-=-· :..:_-=._· :..:_-=._· :..:_-=._· :..:._ -=-· :..:._-:_· ~ -=-· ~ - - --- - - - -
\ - ---..:::::.-~ - --- - - - - --- -- ---- -- --- ------ -- - ------ -
r--x --x ~ ~ ~x~-k =...:....:x ~· ~ :...=...·x· .:...-=..x ·....:...=,; .:....:....=x·~ :...:....:..._-x .:....:...:_7_·_·_·_7 __:__:_:_~___:._:_· -· · · -· · · -· · · -· · · -· · · -· · ·
Concrete Pan has been -------_,'.//-
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approximately 30 '
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-««-Exi'ting ''! 5379.33' --In v. Elev. -
Existing 12" CMP
Inv . Elev. = 5376.01'
NOTES :
road side ditches have been constructed to carry flow to culvert. Ditches a
V-type configuration approximately 12-inches deep with a steeper grade on the
outs ide edge of the d itches. The configuration of the ditch should allow for
adequate flow .
40 40 80
GRAPHIC SCALE IN FEET
1 INCH "' 40 FEET
CONTOUR INTERVAL "' 1 FEET
1. Survey and existing conditions layout was provided by Bookcliff Surveying , inc . of Rifle, CO.
2. The structures sizes were estimated using typical sizes.
3. Gamba & Associates , inc . is not responsible for any inaccuracies in the original data provided
nor for any damage from flooding due to undersizing of drainage structures .
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Proposed 18-inch ADS-N12 culvert. Minimum grade of 1 %
with 12-inches of cover over crown.
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Direct north sid e ditch flow to a culvert to be constructed under the existing entrance. Culvert
shall be ADS-N 12 a minimum of 18-inches in diameter with a minimum grade of 1.0 % draining
to south side of entrance . Culvert shall be constructed with a minimum of 12 -inches cover over
crown of pipe.
\ \ J "\ Fence Li ne
; .-~ ~·=-~.!.... _ x 1 i x 4\ \x ~""' x ~ x" "' 0 ._,"" x "" \ x~ '/·-/ -~~··-···-'··-·•·-· -·~-···~···'-···~··· ._.,;_.> _, _; -... \ .-;;.-'-------~ _) _ T _ +--;~ -?-;'-7 ~· -J -~....:.:.:-:::;.·-.==-"· ....:.:.:...,-.. .. :.f=°:Z....:.:.:f=
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Construct road side ditches along both sides of existing gravel drive. Ditches
shall be a V-type configuration a minimum of 18-inches deep by 3-feet wide and
shall be constructed so as to provide positive drainage continuously towards
Battlement Parkway .
Direct south side ditch flow to existing culvert inlet.
Clean existing culvert if necessary .
Existing 12" CMP
Inv. Elev. = 5379.33'
Existing 12" CMP
Inv. Elev. = 5376.01'
40
NOTES :
"
GRAPHIC SCALE IN FEET
1 INCH : 40 FEET
CONTOUR INTERVAL" 1 FEET
80
1. Survey and existing conditions layout was provided by Bookcliff Surveying, inc. of Rifle, CO.
2. A drainage study was not performed for the area that may contribute to flow in the proposed
ditches and culvert. The structures sizes were estimated using typical sizes.
3. Gamba & Associates, inc. is not responsible for any inaccuracies in the original data provided
nor for any damage from flooding due to undersizing of drainage structures . A full drainage
study and flow analysis can be conducted upon request.
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1 B·inch culvert directing north side ditch
flow under the existing entrance to the
main drainage on south side of road . Rise
in road over pipe . Culvert grade = 2 .15 %
• •
~ ~ Fe nce Line
--x--x--x x x----_ •
1
•• _ .• ~.--=-:-~:-=-.~-:-=.x.--:-= x--x--x--x--x--x--x--x--x--_ ... _ ... _ ... _ ... _ .. ---. /// - -f--· - - -_\_ _ -_· ~ -=-· ~ -=-· ~-=-· :..:_-=._· :..:_-=._· :..:_-=._· :..:._ -=-· :..:._-:_· ~ -=-· ~ - - --- - - - -
\ - ---..:::::.-~ - --- - - - - --- -- ---- -- --- ------ -- - ------ -
r--x --x ~ ~ ~x~-k =...:....:x ~· ~ :...=...·x· .:...-=..x ·....:...=,; .:....:....=x·~ :...:....:..._-x .:....:...:_7_·_·_·_7 __:__:_:_~___:._:_· -· · · -· · · -· · · -· · · -· · · -· · ·
Concrete Pan has been -------_,'.//-
~ v
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~ I .. "' ""' extended to north
approximately 30 '
CJq
x
I
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-<<<<-"CMP
-««-Exi'ting ''! 5379.33' --In v. Elev. -
Existing 12" CMP
Inv . Elev. = 5376.01'
NOTES :
road side ditches have been constructed to carry flow to culvert. Ditches a
V-type configuration approximately 12-inches deep with a steeper grade on the
outs ide edge of the d itches. The configuration of the ditch should allow for
adequate flow .
40 40 80
GRAPHIC SCALE IN FEET
1 INCH "' 40 FEET
CONTOUR INTERVAL "' 1 FEET
1. Survey and existing conditions layout was provided by Bookcliff Surveying , inc . of Rifle, CO.
2. The structures sizes were estimated using typical sizes.
3. Gamba & Associates , inc . is not responsible for any inaccuracies in the original data provided
nor for any damage from flooding due to undersizing of drainage structures .
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