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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned air-An‘akdrimaidL. r_2(02c1A respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 36r,..6- acre tract of land into Z tracts of approximately Zo'..Z4 . - acres cox, 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 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SEE ATTACHED LETTER SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch .map at a minimum scale of 1"=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; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 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 of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and 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. If 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 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. J. A X300.00 fee must be submitted with the application. Petitioner P 51 - M fling dress lit 5 City State Telephone Number a 0 Recorded at Reception No. lock THIS DEED, Made this WARRANTY DEED 31st day of August 19 89 between A. GUY CROUCH and MARTHA A. CROUCH of the ' County of Texas mem, grantor, and MARTHA ADRIENNE CROUCH whose legal address is P . 0 . and State of ;t. BOOK 771 PACE596 JAN 2 9 1990 GARFIELD State Deo: Fea Bax 5146, Snoa*mass Village, CO 81615 of the County of Garfield W1TNESSET'FI, That the grantor for and in consideration of the sum of Ten Dollars and other good and valuable consideration -- and State of Colorado, grantee, 7X511#11f4S the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed. and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his hairs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: A paroel of land located within Sections 20 and 29, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at Northwest one feet; feet; feet; feet; thence thence thence thence the Northwest corner of the quarter of said N. 89°43'32" W. S. 03057'26" E. S. 10018'21" E. S. 53007'59" W. Section 29, 586.52 feet; 323.60 feet; 104.07 feet; 139.64 feet; Northeast thence N. thence S. thence S. thence S. thence S. feet; thenoe S. 00°27'071" E. 429.76 feet; thence N. feet; thence N. 00046'39" E. 1270.52 feet; thence S. 89°22'15" W. to the point of beginning. Said parcel containing 35.6 acres, one quarter of the 00°16'28" E. 716.57 29°40'42" W. 526.62 31°02'06" E. 445.40 25°53'22" W. 234.53 87026'13" W. 207.50 89°30'11" E. 984.90 10.83 feet more or less. as known by street artd number as: 010b - (vacant land) igAg ular tllehetcditaments arid appurtenances theme) belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and ail the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE A_NI) TO MOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself. his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the en sealing and delivery of these presents, he is well seined of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from ail former and other grants, bargains, sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, reservations artd rights-of-way ' all of record and real property taxes for the year 1989, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of -the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to a!I genders, IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above, A. AS ATTORNEY-IN-FACT STATE OF COLORADO Countyof Garfield I id 4_ _ r h -i . 1 4 r, 4 jia. -1.1 •1, • g I • ; • ori• YM. • i . l CROUCH AS ATTORNEY-IN-FACT 11 1 1 11 lr i The foismgi yi instrument was acknowledged before Rte this 3 i s t by. uli rl4W arms Crouch as Attorney in Fact for A. Guy Crouch and Martha day of August I.19 . 19 trlmiSSion eu ire8 %" . 19 . Witness my hand and official seal, ... f • :i t ' 4 kp r o Avenue 1 'lf in Beaver, insert "City and " 13n �i1 & . Pori IAA WARRANTY DEW Ma Itocoviput t dl 9 GARFIELD COUNTY LGULATORY OFFICES AND PERSON, .__ January 12, 1993 John Schurer Division of Water Resources Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 RE: Crouch Subdivision Exemption Please find enclosed additional information related to a subdivision exemption for a parcel of land northeast of Carbondale, ocated in Sections 20 and 29, T7S R88W) for your review and comment. The applicants are requesting the division of a 35.6 acre parcel into two (2) parcels of 29.1 and 6.4 acres each. The applicants are proposing to share an existing well that serves the existing residence. The well is located on the 29.1 acre parcel. The well was permitted in 1967 (see attached copy of permit) and allows for a maximum of three residences. I have also attached a vicinity map and Assessor's Map indicating the location of the site. This application is scheduled for a public meeting before the Board of County Commissioners on February 8, 1993. I sincerely apologize for the short notice. If you have any questions, please feel free to give me a call. Si Dave Michaelson Planner DHM/dhm 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 December 7, 1992 Board of County Commissioners Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 land design partnership Re: Application for Exemption from Subdivision Regulations Adrienne Crouch Property Dear Commissioners: On behalf of Adrienne Crouch, I respectfully submit the application and supplemental information for Exemption from Subdivision Regulations for a 35.5 acre parcel of land owned by Ms. Crouch. This thirty-five acre parcel is bisected in the southeast corner by County Road 162, isolating approximately six acres from the rest of the property. This exemption is requested to identify this isolated tract as a subdivided lot. The parcel is bordered on the west by County Road 162 (La Casita Road), on the east by a proposed county road right-of-way to serve the Sun Mesa Subdivision and on the south by by the Sun Mesa Subdivision. Sage and oak brush dominate the vegetation of the site. Topographically, the highest area is in the southeast corner which has a gentle westerly aspect. From this platform slopes roll moderately to the west and north. Simultaneous with this exemption application, Ms. Crouch is requesting the relocation of a portion of County Road 162. The present 162 location is on the very door step of Ms. Crouch's residence (La Casita). The house is located on the westerly right-of-way line with the edge of road roughly 15 feet from the residence. It is our understanding that a new county road will be built along the easterly boundary of the Crouch property to serve the Sun Mesa Subdivision. The proposed road will intersect Road 162 immediately north of La Casita. Ms. Crouch proposes to relocate this intersection to a site south of her residence. Even though there is very little traffic on Road 162, this relocation would significantly enhance the safety and quality of the Crouch residence and I believe will result in a safer intersection. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 Crouch Application, cont. 12/7/92 page 2 Obviously some expenditure is anticipated to create the intersection proposed north of La Casita since the old 162 will need to be realigned to create a 90 degree intersection and elevated to properly match the profile of the proposed road. Ms. Crouch proposes to pay the cost of reconstructing Road 162 in the new location only to the extent that these costs exceed the expenditures required for the northerly intersection. It would be built to the minimum county standards for a road servicing two dwelling units. The Crouch residence will take access from the realigned section of 162 (see Sketch Plan). An existing dwelling unit located off the Crouch property will continue to utilize the old 162 Road for access and proposed Lot B may choose between old 162 or the proposed road to Sun Mesa if it is dedicated as a County Right -of -Way. The relocation of Road 162 will require the vacation of a segment of the existing right-of-way and the dedication of a new right-of-way by Ms. Crouch. Water for the proposed lot will be provided by the sharing of the existing well that serves the Crouch residence. The well is located on the remaining 30 acre parcel. The well was permitted in 1967 (see attached copy of permit) and allows for a maximum of three residences to be served. The well has a history of producing ample amounts of good quality water. Appropriate easements for access through Lot A to the well will be provided by the Exemption Plat. Covenants filled with the Exemption Plat will provide for shared use of the well, well permit and water lines. All irrigation water rights will remain with Lot A where the water has historically been used. The Soil Conservation Service soils mapping identifies the exemption property as overlain by primarily two soil types, a Forelle-Brownsto complex and a Showalter-Morval complex. Both complexes suggest that steep slope may be a limitation to homesite development. Lot A is already built on and is gently rolling. Lot B has some areas of steeper slope but there is adequate space for home construction on the more gently sloping areas of the site. Normal site specific soils investigations will identify any shrink -swell potential that might require consideration in the design of the foundation system. Neither the soil type descriptions nor the experience of the present residence suggest any significant limitations to the use of individual sanitary disposal systems on the property. The site will not be threatened by flooding from any major drainage or stream. Deer and elk have historically moved about this area during the winter months and will continue to do so even after the addition of a new home on Lot B. Crouch Application, cont. 12/7/92 page 3 1 believe this letter, the attached Sketch Plan, supplemental information, and check for the application fee of $300 satisfies the requirements of an exemption application. 1 request your review of this data and the setting of a hearing date before the Board of County Commissioners as soon as scheduling allows. Please call if you have any questions. Ronald B. Liston Property Owner: Adrienne Crouch TRANSMITTAL DECEMBER 8, 1992 TO: David Michaelson Planner Garfield County Courthouse Glenwood Springs, CO 81601 FROM: Ron Liston PROJECT: ADRIENNE CROUCH EXEMPTION TRANSMITTED BY: HAND DELIVERY CONTENTS: 3 COPIES OF CROUCH EXEMPTION APPLICATION APPLICATION FEE CHECK FOR $300 land design partnership P.O. Box 517 + Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 SOIL TYPE DESCRIPTION IPTION 44----Forelle-Brownsto complex, 12 to 25 percent slopes. This map unit is on mountain side slopes. Elevation is 6,500 to 7,500 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is'85 to 105 days. This unit is about 50 percent Forelle soil and 35 percent Brownsto soil. Included in this unit are small areas of Tridell soils and basalt Rock outcrop on knolls. Also included are small areas of Mussel and Morval'soils in the more gently sloping areas. Included areas make up about 15 percent of the total acreage. The Forelle soil is deep and wEAll drained. It formed in mixed alluvium derived dominantly from sedimentary rocks. Typically, the surface layer is brown loam about 6 inches thick. The subsoil is clay loam about 24 inches thick. The substratum to a depth of 60 inches Is loam. Permeability is moderate in the Forelle soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff Is rapid. The hazard of water erosion generally is moderate, but it is severe in areas that contain volcanic ash. The Brownsto soil is deep and well drained. It formed in alluvium deritved dominantly from coarse textured, calcareous sandstone and basalt. Typically, the upper part of the surface layer is light brownish gray gravelly sandy foam about 4 inches thick. The lower part is light brownish gray gravelly loam about 7 inches thick. The upper 19 inches of the substratum is very gravelly sandy loam. The next 12 inches is very gravelly loamy sand. The lower part to a depth of 60 inches is gravelly sandy loam. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. I Permeability is moderate in the Brownsto soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used as rangeland or as wildlife habitat. The potential plant community on the Forelle soil is mainly western wheatgrass, bluebunch wheatgrass, Indian ricegrass, Douglas rabbitbrush, and Wyoming big ;brush. Muttongrass, streambank wheatgrass, and gierlat also are included. The average annual "tfuction of air-dry vegetation is about 800 pounds per . ee- If the range condition deteriorates, Wyoming big ebrush, Douglas rabbitbrush, and cheatgrass 1..10trease in abundance. potential plant community on the Brownsto soil is tEiminly needleandlhread, Indian ricegrass, western eatgrass, and Wyoming big sagebrush. Bluebunch Vbotttebrush squirreltail, and scattered Utah ,Olt piper and pinyon pine also are included. The average ;,;garmual production of air-dry vegetation is about 600 re i pounds per acre. if the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, ;t~heatgrass, and annual weeds increase in abundance. :;5uitable management practices include proper 4g azing use and a planned grazing system. If the quality lief range vegetation has seriously deteriorated, seeding needed. The main limitation is stoniness In areas of r'#ee Brownsto soil. For successful seeding, a seedbed le?Pt eiould be prepared and the seed drilled. In areas of the f•Vfgtelle soil, brush management improves deteriorated iildeas of range that are producing more woody shrubs ,�f�an were present in the potential plant community. The 7,t&opo limits access by livestock. The limited accessibility x !paults in overgrazing of the Tess sloping areas. If thls unit is used for homesite development, the zeptain limitation Is the scope. N.3 W,Thls map unit is in capability subclass Vle, rrigated. The ForeIIe soil Is in the Rolling Loam e site, and the Brownsto soil is In the Stony thltls range site. ! " 95—Showalter-Morva! complex, 15 to 25 percent slopes. This map unit is on alluvial fans, high terraces, :. and valley sides (fig. 7). Elevation is 7,000 to 8,500 feet. The average annual precipitation is' 14 to 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 80 to 90 days. This unit is about 45 percent Showalter very stony :loam and 35 percent Marva! loam. The Showalter soil is :An convex areas, and the Morval soil' is in the more concave areas. Included in this unit are small areas of soils that are a`:sifnilar to the Morval soil but have 30 to 50 percent cobbles in the substratum. included areas make up :about 20 percent. of the total acreage. The Showalter soil is deep and well drained. it .,.formed in alluvium derived dominantly from basalt. About 10 to 15 percent of the surface is covered with ;'stones, 5 percent with cobbles, and 5 percent with gravel. Typically,the surface layer is brown very stony foam about 8 inches thick. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches is very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability is slow in the Showalter soil. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The Morval soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Typically, the surface layer is brown loam about 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam. The substratum to a depth of 60 inches is loam. The soil is noncalcareous to a depth of 19 inches and calcareous below that depth. Permeability is moderate in the Morval soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. This unit is used as rangeland or hayland or for homesite development. The potential plant community on the Showalter soil is mainly bluebunch wheatgrass, western wheatgrass, prairie junegrass, Indian ricegrass, true mountainmahogany, antelope bitterbrush, Saskatoon serviceberry, and big sagebrush. The average annual production of air-dry vegetation is about 900 pounds per . acre. The potential plant community on the Morval soil is mainly needleandthread, western wheatgrass, II muttongrass, prairie junegrass, and big sagebrush. The average annual production of alr-dry vegetation is about 1,500 pounds per acre. The main limitation for range seeding or mechanical treatment is the surface stoniness in areas of the Showalter soil. Suitable management practices Include proper range use, deferred grazing, and rotation grazing. Aerial spraying is suitable for brush management. 11 this unit is used for hay and pasture, the main limitations are the surface stoniness, the slope, and the slow permeability in the Showalter soil. Grasses and legumes grow well if adequate fertilizer is used. This unit is very poorly suited to homesite development. The main limitations are the slope, the shrink -swell potential, and the stones throughout the profile. This map unit is in capability subclass VIe, nonirrigated. The Showalter soil is in the Loamy Slopes range site, and the Morval soil is in the Deep Loam range site. SEC. 19 SEC. 30 i SEC. 20 SEC. 29 SCALE 1 200' 12/7/92 planning DESIGN PARTNERSHIP I 18 Cooper Ave. en cod Springs, CO 3-945-2246 4 C OUCH EXEMPTION SKETCH PLAN i i e EXISTING ' ELL oppeox. ocation /11-10T A 28.18 ACRES b section line PROPOSED DR!VEW'Y PROPOSED RELO D COUNTY ROAD 162 //1 1 1 craila • h • •%• +[ 1at1q"g�tiG. - 1.w'i�'fes, �`'4�C" �, '"�• ���1Pi�µ+' s-44�1��p_�.r' Src 1'7 41. — a:, -• _''��FFvv• 'mac" Y2,: i 3 1f r. • " r • li .7 TE OF COLORADO 4—A PERMIT TO USE GROUND WATER APPLICATION FOR: 77-4 PERMIT TO CONSTRUCT A WELL / / OTHER Application must be completed satisfactorily before acceptance PRINT OR TYPE APPLICANT l,, t.I re. e f� Street Address City & State (RPbo tela- k Co 10 Use of ground water LJoIYI el •t Owner of land on which w 11 is located )/9-/ne Number of acres to be irrigated . COUNTY JUL 24 1967 t.: R SCT CU .L. 00 LOCATION OF WELL STATE ENGINEER ( 4 Fre i 4 S , R. *, sec. c;10 Ground Water Basin Water Management District P.M. USE DIAGRAM ON THE BACK OF THIS SHEET TO Legal description of LOCATE WELL. irrigated land Other water rights on this land Owner of irrigated land Aquifers) ground water is to be obtained f ram ESTIMATED WELL DATA Fst. quantity of ground water to be claimed: Est. Max—Yield /o GPM or CFS Est. average annual .amount to be used in acre-feet Storage capacity AF Anticipated start of drilling Hole Dia ter: In. from 0 ft. in. from ft. 196 to ft. to ft. Casing: Plain 2.4n. from O ft. to ?,61 ft. 1 in. from ft. to ft. Perf. 5/2i -n. from (-2.06 ft. to i3oa ft. in. from ft. to ft. PUMP DATA: Type sl, -.)10 HP Outlet Size This application >pjprrved PERMIT NUMBER i7 �bj((�� DATE 1 SS1JE `1l if 2 4 1967• 4 State Eng f -e by Driller` Driller's Address /744/ /0tNo.3 71e,veucocy d /�Ic/ }S (s%a .Gz2Q• L vQLt/ (OVER) Signature of Appll tiP7 CONDITIONS OF APPROVAL This application approved CONDITIONAL PERMIT NO. (Permit good for one (1) year after date of issuance) DATE ISSUED Chairman Ground Water Commission by J-2-66 29 -4S� Index No 40 g IDWD .i- :3 'Tse agistered STATE OF COLORADO DIVISION OF WATER RESOURCr.) OFFICE OF THE STATE ENGINEER. •J MAP AND STATEMENT FOR WATER WELL FILING Know all men by these presents: That the undersigned (.4/ ;2_1 _-C A,de N. claimant(s,), whose address is , City ('2J k )5oti ,i 0, `o states: Claimant(s) is (are) the owner( -s.), of well No _ta,S./..%a 1 _.located as shown on the map below; the total number of acres of land owned by him (them) to be irrigated from this well is work was commenced on this well by actual construction fl{ 4/ clay of ..,, f 19� the tested capacity of said well is /0 (gpin) (ifs), for which claim is hereby made forawles-/yr,_ purposes; that the average annual amount of water to be diverted is acre -ft.; and that the aforementioned statements are made :and this map and statement are filed in compliance with the law. PERMIT NUMBER OCT4 1967, ATM s.Ci COLORADO STATE ENGINEER St -ate of Colorado County of SS // rV Claihiant(s) Subscribed and sworn before me this day of , 19 My Commission expires Notary Public MAP THE WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, OR SECTION LINES BY DISTANCE AND BEARING. feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS- HATCHED. The square below will be used to indicate the Location of the well and the irrigated land. 1 1 1 1 1 1 1 t 1 1 L. 1 1 1 1 1 1 - T--I---r--L- 1 1 1 1 1 1 i l r 1 1 - T - - - .» r - _- 1 1 1 1 1 1 1 1 1 - i-_1_--r-- - 1 1 1 1 1 1 1 s 1 1 ^ _ 4. 11 1 1_ -.1.-.. 1 r 1 1 1 1 1 1 1 1 --..... 4 ... -L--4.-- -4--1---4--__ 1 1 1 1 1 1 I 1 1 1 t I 1 1 _ 3 ..00EPTED FOR FILING IN THE OFFICE DAY OF • 1 4- C 1 mi. WELL LOCATION � j rICJ T '7-30 1/4 S`'1) R. .11714-' County 1/4, sec P M. f Ground Water Basin Water Management District Domestic wells may be located by the following: LOT , BLOCK SUBDIVISION OF THE STATE ENGINEER OF COLORADO ON THIS , 19 State Engineer • WELL LOG • Ground Elevation • Type Drilling LOG AND HLSTORY From To Type of .Material Water Loc. Perf. 0c2? LA/A- . I • Use additional paper if necessary to complete log and :attach. State of Colorado County of ��• 8s } Date Started WELL DATA To ,c Date Completed .T `' <' ' (4, "7 e.7 Hole Did eter: c4 rj in. from 0 ft to ,-.70 ft. in. from ft to ft in. from ft to ft CASING RECORD Cemented from r Plaid Casing Size , kind- �`''�from 1•0 ft Si Z- ; kind ki-1. from fie! ft toZ0 ft. to. 210' ft. Size , kind from ft to ft. ! Percfoyated Casing Size I,- kind_JO` t fromr2/0 ft. to 2.7r) ft. Size , kind from ft. to ft. • = Size.4._, kind • • from ' ft. to ft. TEST DATA ' } Date Tested h7 L ‘ 1 ' . i Type of Pump 1) f t1 Length of Test / )-!I Constant Yield / 0G• P. A1, Drawdown PUMP DATA (To be fill gd ii) ` , ' Type of Pump ,� u' �D Outlet Size / Driven by 1 • t:-lE G .. •• •'•, ] Horsepower 4 `L/ t4Jfi kQ— aIo WELL DRILLERS. STATEMENT e 4zL %C7 being duly sworn, deposes and says: he is the driller of tlie:above.described well, he has reae above,,t ap and statement, knows the content thereof, and the same is true of his own knowledge. Subscribed and sworn to before -nae- this'-.. •. License No Air► Commission expires , 19 ifs, day of , 19 Notary Public FORM TO BE MADE OUT IN QUADRUPLICATE: . Original WHITE (both sides) C Triplicate GREEN Copy must be filed with the State Engineer within 30 -days after well is completed. Duplicate PINK copy is for the Owner & YELLOW copy for the Driller. WI -{ITE FORM MUST BE AN ORIGINAL. COPY ON 8011-1 SIDES AND SIGNED. - PROPERTY OWNERS WITHIN 200 FEET ADRIENNE CROUCH EXEMPTION Obtained from Garfield County Assessor Records December 7, 1992 Crouch, A. Guy & Martha A. P.O. Box 606 Alvin, TX 77511 Garfinkel, Martin 0067 Co. Rd. 162 Carbondale, CO 81623 Razzore, Ronald M. & Rossein, Katha 31 The Grasslands Woodbury, NY 11797 Sterling, Ruth 1529 Sumneytown Pike Lower Gwynedd, PA 19002 Sterling, John M. 0704 Skipper Drive Carbondale, CO 81623 Mineral Rights Owners: Presently being researched by Stewart Title EASEMENT DEED THIS DEED made this /L day of /'/ii- , 1992, between RUTH STIRLING, whose address is 1529 Sumney Town Pike, Lower Gwynedd, PA 19002, (hereinafter "Grantor"), and the County of Garfield, whose address is 109 Eighth Street, Glenwood Springs, CO 81601, (hereinafter "Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, receipt of which is acknowledged, hereby grants, bargains, sells, and conveys to the Grantee, a 60 foot access and public utility easement situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein this reference; The easement herein conveyed is for the sole purpose of locating, maintaining and for the repair over and across the above-described land a 60 foot County Road to be incorporated within the county road system for access for the use of the public and for the location, installation and maintenance of public utilities and private water line. above. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth STATE OF 22-2_71--) ) ss. COUNTY) RUTH STIRLI G Acknowledged, subscribed, and sworn to before me this /0/- day o 1992, by Ruth Stirling. WITNESS my hand and official seal. My Commission expires: C:IFi 1 xSIST1RU N C.3 ED November 3, 1992 Notstiel seer Pat, da L Haaan Notary Ptda ULI-r-1 13:W( EXHIBIT "A" 60 FOOT ACCESS, UTILITY AND WATERLINE EASEMENT (COUNTY ROAD NO. 162A) J`�J f JJLJ I . Uj A strip of land situate in the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, the perimeter of which is described as follows: Beginning ata point on the North line of said West 1/2, whence the North Qu,rrter Corner of said Section 29, a found Brass Cap, L.S. #11204 in place bears N.89°28'26"E., 1266.89 feet; thence leaving said North line S.00653'03"W., 1219.43 feet to the beginning of a non -tangent curve to the right having a radius of 60 feet; thence 175.31 feet along the arc of said curve (chord bears S.O9603'56"W., 119.28 feet) to a point on the south line of said West 1/2, said South line also being the North line of Sun Mesa MD; thence along said South line S.89°21'33"W., 97.00 feet; there N.39°24' 40"E., 86.45 feet to the Southeast Corner of a 0.93 acre parcel as described in Document No. 315718 of the records of the Garfield County Clerk and Recorder's Office; thence along the easterly line of said 0.93 acres parcel N.00°53'03"E., 1271.05 feet to the Northeast Corner of said 0.93 acre parcel; thence along the North line of said West 1/2 N.89°28'26"E., 60.02 feet to the point of beginning, containing 1.968 acres, more or less. .. v'?.•r'^„ >rt.e^,'s a .g. '"y"h . i.."�'-_-ah a a�rr^...€ c:3�i"' t^m;!s?i n;s "qr. RECORDED AT A14 O'CLOCK .M.NOV N 4 fg 7 `R REC * M1LDRED ALSDDRF• COUNTY CLERK 13110X S4S 20 EASEMENT DEED THIS DEED made this 6th day of November 1992, between JOHN M. STIRLING, whose address is 0704 Skipper Drive, Carbondale, CO 81623, (hereinafter `Grantor"), and the County of Garfield, whose address is 109 Eighth Street, Glenwood Springs, CO 81601, (hereinafter "Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, receipt of which is acknowledged, hereby grants, bargains, sells, and conveys to the Grantee, a 60 foot access and public utility easement situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein this reference; The easement herein conveyed is for the sole purpose of locating, maintaining and for the repair over and across the above-described land a 60 foot County Road to be incorporated within the county road system for access for the use of the public and for the location, installation and maintenance of public utilities and private water lines. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF Colorado ss. COUNTY OF Garfield JOHN M. STIRLING Acknowledged, subscribed, and sworn to before me this 6th day of November 1992, by John M. Stirling. WITNESS my hand and official seal. My Commission expires: 11/8/96 CAFILES1STIIILLN.3ED Krerier4, 1992 Notary Public i t isli4: i t }s 4 RAPIRIT "A" 10 Poor )i, 1.111LIi7 MID TIRTIRLDE EMSMI ft tccuu t ROah MO. 142A1 A strip of land situ in the Heat 1/2 of the Northeast 1/4 of the Nort3w eat 1/4 of Section 2i, Township 7 South, Range 17 Mast of the sixth Principal Meridian, Garfield COM1tf, Colorado, the peryeieter of which is det:eited as inflate:: beginning at a point an tba Month lin' of said Bash 1/2, whence the North Comber Corner of said section 23, a found Brass Cep, G.S. 111204 in plan' bears 11.1'9421' 26" t., 1246.0 feet; thence laving said North line N.07.30'05°N., 64.?3 tot to a point ce an exlstiro fence line (mad fence line also bring described in Document No. 401610 of the records of the On: ield C.citp Clerk ami Recor0er''s Mice); thew* along said fence line and fence line a ten:i d M.19'36'47"P., 50.56 feat; thence S.00'53'0344, 15.07 feet to the Northeast Corner of a 0.33 acre parcel of lard as described in Dont No. 315711 of said t)arfleied Courty Clark and Ra der's Office; thence along Mid North line of said hese 1/2 4:.14.28'26" C., 60.02 feet to tha point of beginning, said parcel ct+ntai;►ing 0.012 acxrs, mora or lass. '; RECOROECL 1 O'CLOCK e M. wwy N1 L it EC r q} ( 7 4 MILDRED 4LSDOR1, COUNTY CLERK b! JK 843 rot 22 E SENT,,IgT DEED THIS DEED made this day of /4 t ; , 1992, between RUTH STIRLING, whose address is 1529 Sumney Town Pike, Lower Gwynedd, PA 19002, (hereinafter "Grantor`), and the County of Garfield, whose address is 109 Eighth Street, Glenwood Springs, CO 81601, (hereinafter "Grantee"); WITNESSETH; That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, receipt of which is acknowledged, hereby grants, bargains, till:, and conveys to the Grantee, a 60 foot access and pubIir. utility easement situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein this reference; The easement herein conveyed is for the sole purpose of locating, maintaining and for the repair over and across the above-described land a 60 foot County Road to be incorporated within the county road system fur amass for the use of the public and for the location, installation and maintenance of public utilities and private water line. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF Ite.A-1-144-xl- -) ) ss. COUNTY O`f Acknowledged, subscribed, and swum 1992, by Ruth Stirling. WITNESS my hand and official seal. My Commission expires: G1H Es\sTitUN6.3F, Nweaber 3. 1992 RUTH STIRLING to before me this /� day o Fatal. Wiry filadres werch 7, 1994 Notary Public 27-x992 15:07 EXHIBIT "A" 60 Pyr ACYS, MLITT AND irAT RLIN! ¥. JT (calm ROAD N0. 162h) 9457336 P.03 b Y.K 848 rig 23 A strip of land situate in the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 7 South, Range 87 What of the Sixth Principal Meridian, Garfield County, Woracio, the perimeter of Mich is described as follows: Beginning at a.point on the North line of said West 1/2, whence the North Quarter Corner of said Section 29, a found Brass Cap, L.S. #11204 in place bears N.89d28'26"E., 1266.89 feet; thence leaving said North line 5.00"53'03"W., 1219.43 feet to the beginning of anon -tangent curve to the right having a radius of 60 feet; thence 175.31 feet along the arc of said curve (chord bears 8.09°03'56"W., 1/9.28 feet) to a point on the South line of said West 1/2, said South line also being the North line of Sun Mesa PUD; thence along said South line S.89°21'33"W., 97.00 feet; theme N.39°29140"E., 86.45 feet to the Southeast Corner of a 0.93 acre parcel as described in Document No. 315728 of the records of the Garfield County Clerk and Recorder's Office; there along the i:asterly line of said 0.93 acres parcel N.00°53'03"E., 1271.05 feet tc. the Northeast cozier of said 0.93 acre parcel; thence along the North line of said West 1/2 t£. R9"2&' 26'B. , 60.02 feet to tr;._ point of beginning, containing 1.968 acres, more or less. THIS DEED made this `clay of October,' 1994, between PATRICK GUARINI and LUCII..I .E GUARIN1, .whose' address. ti OSOO•.Ctiuntyry Road'102,` Carbondale; :Colorado. 81623 (hereinafter•:collectively:. referred ;to,,as;0iartior..);,.and .,THECOUNTYw•OF:r,GARFIELD, COU;tRADO (hereinafter}"Orantec"), s M i' fix , , Y.=�s `:;F1 m 0.`HY - k�,. �4 tt ]r t+i 14*�f l ., Y 'fitr9.-1 i -e iiF}_-°At i' f'.% .ft;;.Art 0:i ,.j; '+ WITNESSETH:',ra(tq� �:•tii That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described in Exhibit A, attached hereto and incorporated herein by this reference. TOGETIIP,R with all and singular the hereditaments and appurtenances thereto belonging �_i__ the iow and reversions, .minder and remainders rents, Or in an j�wise appertaining, aar,u the iii B�a.v+� •....... ,,, '.'',.'... -, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the same, the said premises above -bargained and described with the appurtenances, unto the Grantee, his heirs and assigns forever. The Grantor, for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, -his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, EXCEPT as to easements and rights-of-way of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth Leavenworth 6 Caloia 1011 Grand Avenue Glenwood Springs, CO 81601 • 1A : Acknowledged, subscribed, and worn to before me this 2 b day of October, 1494, byIke ".4141Nr 000 PUa OFFICIAL NOTARY SEAL My Commission expi ti G ruins a LIv€r+4 �1 commigivn AVI1LR !�Si rir < CC214654 MY COMMISSION VIP, '�ofF�O AUQ, 26,1996 Acknowledged, subscribed, and sworn to before me this 7.-0 day of October, 1994, by Lucille Guarini. 0NP` a bffICIAL NOTARY SLAL CUnna 0 LLVINI t j s COMMISSION MUMMER IC.i'�","�7Y �X44#66 4 Tr,,. '0 a MY COMMISSIONI OF F%.0 AUG. 25,199 rti 4S: RIGET-01-TAY EASEMENT DESCRIPTION MILLER TO GARTIELD.COIINTY K PARCEL OFILANIrtITUATEDIIt•? THE'FSS%2SWI/470F;SECTTON;20iTTOWNSHIP 7 SOUTH ''RANG$ ' 87WESTy OF.THETSIXTH.PRINCIPAL"MERIDIAN; �.'COUNTY'OF GARFIELD ,; STATE OF 0 COLORADO ;.1 SAID EASEMENT,; BEING ; M0RE' PARTICULARLY DESCRIBEDAS FOLLOWS` F��� J4 . BooW0920Plc;335 oii , r _ - .,. o-;1•A-�y^4 • 17 (THIS.DESCRIPTION IS'`BASEDFON'THE•FIELD'LOCATION OF THE PROPOSED RIGHT-OF-WAY. EASEMENT AND DOCUMENTS OF RECORD) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 20, WHENCE A WITNESS•CORNER TO SAID SECTION CORNER; BEING A GARF-IELD COUNTY SURVEYOR BRASS CAP, BEARS S 02'59'39" W 66.00 FEET; THENCE N 48.56'48" E 2453.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 102, ALSO BEING A POINT ON THE WESTERLY RIGHT- OF-WAY OF SAID EASEMENT, THE TRUE'' POINT QF BEGINNIUQ; THENCE S 37.44'54" E ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 102 86.69 FEET TOA POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID EASEMENT; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY S 20420'46" E• ALONG THE EASTERLY RIGHT-OF-WAY OF SAID EASEMENT 44.76 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 24°31'50", A DISTANCE OF 119.88 FEET (CHORD BEARS S 08°04'51" E 118.96 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 04°11'04" W 13.46 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 725 AT PAGE 152 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY S 89°30'54" W ALONG SAID SOUTHERLY LINE 60.17 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID EASEMENT; THENCE LEAVING SAID SOUTHERLY LINE. N Q4°11'04" E ALONG SAID WESTERLY RIGHT-OF-WAY 18.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 24°31'50". A DISTANCE OF 94.19 FEET (CHORD BEARS N 08°04'51" W 93.47 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20'20'46" W 47.90- FEET; -•-THENCE .CONTINUING -ALONG _SAID WESTERLY RICHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS 110.00 FEET AND A CENTRAL ANGLE OF 46.20058", A DISTANCE OF 88.98 FEET (CHORD BEARS N 02°49'43" E 86.58 FEET) TO THE TRUE POINT OF 8 GINjjHQ; SAID RIGHT-OF-WAY EASEMENT CONTAINS 0.300 ACRES, MORE OR LESS. 7 C:\FILES\STIRLINC.1MS September 29, 1992 BnoxO913 909 RECO4J,0 /0:iv 3'i:L )L 4.M. k•= ( .• 461-1758AUG Z9 f994 AUG 29 199{ MiL,7G;., L$ ;U^.F, ' !� ;tLl) cur f.Lc'RR QARFIELD Stale Doc. Foe QUIT CLAIM DEED RONALD M. RAZZORE and KATHA ROSSEIN, whotie address is 0890 minty Road 'T02� Carbonda ,consideration,; n Shand paid ; Aereby a quie claim ton the ' COUNTY i aT,li ...,}yf4. V$A" ?t._ R. 'fi;r' ��.:x,<!$ ,, tit= r+3 3 '' }r 4::= . #.0010 CARFIELD,` COLORADO,.,:whose. ddress 'ia= 109 -EighthtcStreet, Glenwood Springs, CO 81501, all right, title and interest they may have in and to the following real property in the County of Garfield, State of Colorado, to wit: See Exhibit A attached hereto and incorporated herein by this reference. '1'ne Grantors acknowledge that the Grantee has the power and .+uthgr i ty to acquire the property described above through condemna- tion and the Grantors are conveying• this property in lieu of •nndemna *.ion . DA'I I) this an*►t-day of , 1994. 5'T'..TE or COLORADO ) ss. COUNTY OF GARFIELD Ro Id M. i Kath Rossein Subscribed, sworn to, and acknowledged brfore me thisA4A+L-- day of 1994, by Ronald M. Raxzore.and rhaasse1n. witness my hand and official seal. I... Not Public My commission expires: Th - 9 (ILLLCCCI '�: t.. ,. $1tfiC 15w EXHIBIT A RIGHT—OF-WAY EASEMENT DESCRIPTION RAllORE/ROSSEIN TO GARFIELD COUNTY _k=MICELiWtAND 7SITUATEDTINtTHETSE1"/4SF1I ATOF,'SECTION420, TOWNSHIP ,I•s 4 $ 7tSOUTHRANGE 87 WESTt OFtTKE' SIXTHaFRINCIPAL MERIDIANtCOUNTY OFt, 'OARFIELDr` STATE or"COIOIAADO;AI SDEASEMENT#BEING MORE PARTICULARLY;" '4 DESCRIBED 'AS • FOLLOWS ti ; ` t' .� �.��.Lm°411 3l�'` y, : ...;<, `%- ;a't a .,. k kik i s? . 3 ' t J - (THIS.DESCRIPTION IS BASED ON THE FIELD'LOCATION OF THE PROPOSED RIGHT—OF—WAY EASEMENT AND DOCUMENTS OF RECORD) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 20, WHENCE A WITNESS CORNER TO SAID SECTION CORNER, BEING A GARFIELD COUNTY SURVEYOR BRASS CAP, BEARS S 02'59'39" W 66.00 FEET; THENCE N 53"54'38" E 2325.44 FEET TO A POINT BEING THE NORTHWESTERL'i CORNER OF THAT PROPERTY DESCRIBED IN BOOK 769 AT PAGE 979 OF TH". GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 89°50'54" E ALONG THE NORTHERLY LINE OF SAID PROPERTY 55.7, FEET TO A POINT ON THF E:ASTE:RL'i RIGHT-OF-WM OF SAID EASEMENT; THENCE LEAVING SAID NORTHERLY LINE 5 04°11'04" W ALONG SAID EASTEREY RIGHT-OF-WAY 90.06 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -0F -WAY ALONG THE ARC OF A CURVE TO THF. LEFT HAV.T.NG A RADIUS OF 220.00 FEET AND A CENTRAL ANGLX OF 25°19'43", A DISTANCE OF 97.76 FEET (CHORD BEARS 5 08'28'48" E 95.47 FEET); THENCE CONTINUING ALONG SAID EASTERLY RiGH'T-OF-WA'i S 21°08'40" E 52.65 FEET; THENCE CONTINUING ALONG ,SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC. OF A CURVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 28°02'15", A DISTANCE OF 88.08 FEET (CHORD BEARS S 07°07'32" E 87.21 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY 5 06°53'35" w 128.32 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE 1`O THE LEFT HAVING A RADIUS- OF 170.00 FEET AND h. CENTRAL AX1GLF OF 15°43'18", A DISTANCE OF 46.65 FEET (CHORD BEANS 5 00'58'04" E 46.50 FEET); THENCE CONTINUING ALONG SAID EASTERLY P1HT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING R.ALIES (:F 180.00 FEET AND A CENTRAL ANGLE OF 49°16'28", A I).S A CE :;F 154.60 FEET (CHORD FEARS 5 15°48'31" W 150.07 FEET) ; THENCE- CONTINUING- ALONG SA•I•D- EASTERLY --RIGHT-OF-WAY--S___A.0°26'45" W. :14.09 FEET: THENCE CONTINUING ALONG SAID EASTERLY RICHT-OF-WAY ALC'HG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 24°08'47", A DISTANCE OF 71.64 FEET (CHORD BEARS 5 2E;°22'22" W 71.11 FEET); THENCE CONTINUING ALONG SAID EASTERLY RILHZ-JF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 230.OU FEET AND A CENTRAL ANGLE OF 39°24'36", A DISTANCE OF 158.20 FEET (CHORD SEARS 5 36°00'16" W 155.10 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 55°42'34" W 164.18 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE OF 27°01'39", A DISTANCE OF 127.36 FEET (CHORD BEARS t:. Imu0 J13I'.',Gi9i1 PAGE N0. 2 RAZZORE/ROSSEIN TO GARFIELD COUNTY S 42°11'45" W 126.19 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYITS 28 • 40 35U04,ff 115.46, FE£T;opTHENCEwCONTINUING..,ALONG �x. SAID" EASTERLY °RIGHT-OF-WAY ALONG I,THE ARCZOF 'A''f:CURVEaTO '.THE LEFT HAVING'kRADIUS"0F0''270.0FEET AND'AxCENTRAL ANGLE OF*1.7.°33155 ) ,DISTANCE OF 84.35 FEE'!''(CHORDBEARS'S.19043'57" W 84.00`FEET) TO'A' POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 769 AT PAGE 979; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N B9°18'17" W ALONG SAID SOUTHERLY LINE 60.82 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID EASEMENT; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 09.1.4'06", A DISTANCE OF 55.11 FEET (CHORD BEARS N 13'39'25" E 55.05 FEET) TO A POINT ON THE WESTERL: LINE OF SAID PROPERTY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY N 30°46'54" E ALONG SAID WESTERLY LINE 260.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE. N 52°44'04" E 193.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY. OF SAID EASEMENT; THENCE LEAVING SAID WESTERLY LINE N 56`42'34" E ALONG SAID WESTERLY RICHT-OF-WAY 36.94 FEET; THENCE Cr,NTINUING ALONG SAID•WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A • :RVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 12'05'23", A DISTANCE OF 35.87 FEET (CHORD BEARS • 49')9'5)" E 35.80 FEET) TO A POINT ON SAID WESTERLY LINE; THENCE ..L:•vING SAID WESTERLY RIGHT-OF-WAY N 52°44'04" E ALONG SID i,F.:!1:RILIME 29.56 FEET; THENCE CONTINUING ALONG SAID WESTERLY ;:NF N :1"57'2," E 124.80 FEET TO A POINT ON THE WESTERLY RIGHT -OF - • .1 OF SAID EASEMENT; THENCE LEAVING SAID WESTERLY LINE ALONG SAID w es",'ERL'r RIGHT-OF-WAY THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 06°26'19", A DISTANCE • 25.85 FLET (CHORD BEARS N 37'13'35" E 25.83 FEET); THENCE ::0`ITINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 40°26'45" E 114.09 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE To THE LEFT HAVING A RADIUS OF 120.00 FEET AND A .7:ENTFAI ANGLE OF 11.11'41", A DISTANCE OF 23.45 FEET (CHORD BEARS ,,..34•-50'35" E-2-3,-4-1--FEET-)•-TO-A POINT ON-SAID-wESTERLY--LINE; THENCE I.EANG SAID WESTERLY RIGHT-OF-WAY N 41'53'08" E ALONG SAID WESTER..I..Y LINE 2t.,0 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE N 03.57'16" E 83.11 FEET; THENCE CONTINUING ALONG SAID WESTERLY LIME N 01'5:'45" W 76.46 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID EASEMENT; THENCE LEAVING SAID WESTERLY LINE N 06^53'35" E ALONG SAID WESTERLY RIGHT-OF-WAY 85.81 FEET TO A POINT ON SAID WESTERLY LINE; THENCE LEAVING SAID WESTERLY RIGHT-OF- wAY Ff 09.01'54" E ALONG SAID WESTERLY LINE 51.83 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE N 21°09'33" W 135.46 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE N 03'09'14" E 141.82 E'i:ET TO I11E TRUE -,POINT 0f BEGINNINQ; SAID RIGHT-OF-WAY EASEMENT c.ONTAI}IS 1.904 ACRES, MORE OR LESS. - f, r... ii1± it c Form N . GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial BIdg., 1313 Sherman St, Denver, Colorado 80203 (303) 886.3581 ) MARTHA ADRIENNE CROUCH P 0 BOX 5146 SNOWMASS VLG CO 81615 ( 303)963-1018 uc WELL PERMIT NUMBER 169271 DIV. 5 CNTY. 23 WD 38 DES. BASIN' MD Lot: Block: Filing: Subdiv: EXPANSION OF USE OF EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 20 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 612 Ft. from South Section Line 957 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDff10NS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92.602(3)(b)(11)(A) as the only well on a tract of land of 35.6 acres described as that portion of the SW 1/4 of the SW of Sec. 20, and that portion of the NW 1/4 of the NW 1/4 of Sec. 29, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. 4) Approved for the expansion of use of an existing well, permit no. 31601. The issuance of this permit hereby cancels permit no. 31601. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 6) The maximum pumping rate shall not exceed 15 GPM. 7) 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. 10 3-31-93 OWNER'S COPY APPROVED JD2 State Engineer Receipt No. 0350668 sr DATE ISSUED APR 01 1993 EXPIRATION DATE APR 1 1995 EXHIBIT A DECLARATION OF JOINT USE OF WATER WELL A. DECLARANT The Declarant is MARTHA ADRIENNE CROUCH who is the owner of the following described real property situate in the County of Garfield and State of Colorado, to -wit: A parcel of land located within Section 20 and 29, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at the Northwest corner of the Northeast one quarter of the Northwest one quarter of said Section 29; thence N. 00°1628" E. 71657 feet; thence N. 89°43'32" W. 586.52 feet; thence S. 29°40142" W. 526.62 feet; thence S. 03°5726" E. 323.60 feet; thence S. 31°02'06" E. 445.40 feet; thence S. 10°1821" E. 104.07 feet; thence S. 25°53'22" W. 234.53 feet; thence S. 53°07'59" W. 139.64 feet; thence S. 87°26'13" W. 207.50 feet; thence S. 00°27'07' E. 429.76 feet; thence N. 89°30'11" E. 984.90 feet; thence N. 00°46'39" E. 1270.52 feet; thence S. 89°22'15" W. 10.83 feet to the point of beginning. Said parcel containing 35.6 acres, more or less. TOGETHER WITH all water and water rights, ditch and ditch rights connected therewith or appurtenant thereto. (Property) B. RECITALS The reason and purpose for making this Declaration is premised upon the following: 1. Declarant has obtained from the County Commissioners of Garfield County, Colorado an exemption to divide the Property into two parcels, the same being identified as Lot 1 containing 27.771 acres more or less and Lot 2 containing 5.645 acres more or less. 2. There is presently located and in use a water well on Lot 1 which produces sufficient water for use both by the owner of Lot 1 and the owner of Lot 2 (Water Well). 3. The Water Well is permitted by the office of the State Engineer, Colorado Division of Water Resources under Well Permit No. 169271, a copy of which is attached hereto as Exhibit A and by this reference made a part hereof (Well Permit). 4. Declarant intends to establish by this Declaration the terms and conditions pertaining to the joint use of the Water Well on Lot 1 for the use and benefit of the owners of Lot 1 and Lot 2. C. TERMS AND CONDITIONS OF DECLARATION The terms and conditions of this Declaration are as follows: 1. The use of the Water Well shall be shared by the owners of Lot 1 and Lot 2 in conformity with the terms and conditions of the Well Permit, as modified by this Declaration. 2. Declarant hereby dedicates an easement and right-of-way over and across Lot 1 for the use and benefit of Lot 2 for a water line extending from the Water Well to the property line of Lot 2. The Declarant likewise dedicates an easement and right-of-way on Lot 1 for the use and benefit of Lot 2 for alI appurtenant facilities at the existing Water Well necessary to allow Lot 2 to use and enjoy the water from the Water Well to the extent herein provided. 3. The easements herein dedicated shall be located as follows: a. Appurtenant Facilities. Twenty (20) feet in width, ten (10) feet in all directions from the center of the Water Well. b. Water Line. Twenty (20) feet in width, extending from the Water Well east to a point twenty (20) feet from the easterly boundary of Lot 1; thence southerly along the easterly boundary of Lot 1 twenty (20) feet westerly of the easterly boundary of Lot 1 to County Road No. 162. 4. The water line to be connected to the Water Well by the owner of Lot 2 shall not exceed two (2) inches in diameter and shall be so installed as to not impede or obstruct in any manner the water flow through the existing water line to the residence located on Lot 1. The connection to the Water Well and the construction of the water line leading to the Water Well shall be at the sole cost and expense of the owner of Lot 2 and shall not be commenced until such time as the plans and specifications for so doing have first been approved by the owner of Lot 1. Such construction shall be performed in a good and workmanlike manner as may be prescribed by the State of Colorado and County of Garfield and in a fashion satisfactory to the owner of Lot 1. 5. The use of the water from the Water Well shall be limited to two (2) residential units located on Lot 1 and one (1) residence located on Lot 2 and shall be used for fire protection, ordinary household purposes, watering of domestic animals and irrigation of not more than more than one-half (1/2) acre of home gardens and lawns on each lot. 6. All costs and expenses of operating, maintaining or repairing the Water Well shall be shared by the parties hereto in equal parts. All maintenance and repair shall be under the control and direction of the owner of Lot 1. Notice in writing of all maintenance, repair and costs of operation of the Water Well shall be furnished to the owner of Lot 2 monthly and one-half (1/2) of the total cost thereof shall be remitted by the owner of Lot 2 to the owner of Lot 1 within ten (10) days following date of giving of such notice. In the event the owner of -2- Lot 2 fails to remit the share of the costs and expenses as herein provided within said ten (10) day period, the owner of Lot 1 shall be entitled to give notice to the owner of Lot 2 that unless paid within a period of thirty (30) days thereafter, all water from the Water Well servicing Lot 2 shall be terminated. In addition, interest shall accrue on the amount owed by the owner of Lot 2 at the rate of eighteen percent (18%) per annum which must be paid at the time that all arrearages are due from the owner of Lot 2 to the owner of Lot 1. 7. In the event a Water Well is constructed on Lot 2 in sufficient quantity to supply the in-house needs of the owner of Lot 2., all interest of the owner of Lot 2 shall terminate in the Water Well and Well Permit, and this Declaration shall likewise terminate and be of no further force and effect. To evidence such termination, the owner of Lot 2 shall execute and deliver to the owner of Lot 1 a quit claim deed conveying to the owner of Lot 1 all right, title and interest of the owner of Lot 2 in and to the Water Well, Well Permit and the easements created hereunder. The owner of Lot 1 shall thereupon be entitled to disconnect from the Water Well the water facilities servicing Lot 2. 8. Neither the owner of Lot 1 nor the owner of Lot 2 shall have the right to assign in whole or in part any interest in the Water Well to any third party, nor any interest in the waters emanating from such Water Well. All water from the Water Well shall be strictly limited to the residences located on Lot 1 and Lot 2 for fire protection, ordinary household purposes, watering of domestic animals and irrigation of not more than more than one-half (1/2) acre of home gardens and lawns on each lot. 9. This Declaration shall be a covenant running with the properties the subject hereof and shall extend to and be binding upon Declarant and Declarant's successors and assigns of all kinds. 10. This Declaration may only be amended in writing executed by both of the owners of Lots 1 and 2 and duly recorded in the office of the Clerk and Recorder of Garfield County, Colorado IN WITNESS WHEREOF, Declarant has hereunto set her hand and seal this ciday of June, 1993. -3 MARTHA ADRIENNE CROUCH STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed and sworn to before me this of June, 1993, by Martha Adrienne Crouch. Witness my hand and official seal. Address: My commission expires: -I� 818 Colorado Avenue Glenwood Springs, CO 81801 My Commission expires May 1,19 V 4 day 1y?4 OFFICE OF THE STATE ENGINE Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 ,o,,, Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 1fFj 0 1 1993 +il TATE OF COLOFADO F FELD C;O`=."S.TY January 27, 1993 Mr. Dave Michaelson Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Crouch Subdivision Exemption Sections 20 & 29, T 7 S, R 87 W, 6TH P M Division 5, Water District 38 Dear Mr. Michaelson: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer We have reviewed the above referenced proposal to divide a 35.6 acre parcel into two parcels of approximately 29.1 acres and 6.4 acres. Your letter indicates the property is located in Sections 20 and 29, T 7 S, R 88 W, but the map provided and our records indicate the property is located in Range 87 West. Well permit no. 31601 was issued on July 24, 1967 for domestic use in the SW 1/4 of the SW 1/4 of Sec. 20, T 7 S, R 87 W. The applicant proposes to share this well between the two parcels. This well, permit no. 31601, is valid only for the domestic uses it has historically been used for. If the well has not historically served two single-family dwellings, then the applicant should obtain a new domestic well permit to serve two single-family dwellings. The availability of a domestic permit on this 35.6 acre parcel will be the same as any tract over 35 acres. In order to assure that a permanent water supply will be available on an equitable basis to either lot, we recommend the following: 1. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. Mr. Dave Michaelson Page 2 January 27, 1993 If the above provisions are met, we can recommend approval of this proposal based on a shared well. Please let us know if you have any further questions. Sincerely, J4,,,) S c -Li John Schurer, P.E. Senior Water Resource Engineer JS/jd crouch.rev cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Bruce DeBrine b(h 8211. 9 c�; PROPOSED R--O-W AQI ISmON FOR COUNTY ROAD No.162 SITUATED IN SECTION 20 AND 29, T7 S., R.87 W. OF THE 6TH P.M. COUNTY OF G RFIELD, STATE OF COLORADO SHEET 2 iµ �.xK 'u.-w•u v-�u • .YPry YAK SHEET 3 ACREAGE SIh.4AARY OWNER EXISTING ftOW MILLER 0.418 Ac. * RA2ZORE/ROSSEIN 0.753 Ao. t GARFINKLE 0.000 Ac. * TRUST 0.061 Ac. * RUTH STIRLING 0.857 Ac. * 1.07WL 47789 Ac. * SHEET 4 • PROPQQ R0y( 0.300 Ac. * 1.904 Ac. t 0.152 Ac. t 0.106 Ac. t 1.842 Ac. * 4_.l04Ac_ SCALE' 1" = 200' SHEET 5 femur; ed4 SHEET 6 >ti:•: : $Ki$•..i .�= ...........:::i;s:, s.......... s. .n..........ti .r'ti`':'�:'..... r.:�:ii^•..ct>'.. .w�.r•��. .`fri`7"'�'3�{'', +�,1"L`tiv �. HIGH COUNTRY ENGIIIEERING, ' INC. CONSULTING. ENGINEERS AND SURVEYORS 92$ COOPER AVENUE GLENWOOD SPRINGS. COLORADO 81601 .(303) 945^8676 {EET 1 OF 6 EX1iIBIT "K" 2 900P i-OWG 8/3/92 -.rPSF.I:,-...ca;.e•ar.-I,v..a�n!:.enn...,�.w3�r.awrh....n 4,1 I r�w�•�yr-+-.I$:ur..r :k<iY,�•.:11n �$.fli.. I .. 603K 84-1 f'.CE 28f3 PROPOSED R -0--W AOU1SITION FOR COUNTY ROAD NO.1162 SITUATED IN SECTION 20 AND 29, T.7 S., R87 W. OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SCALE: 1- = SO' PRIOR L & 00117 A, 1411.1114 0500 RD 102 CARBONDALE, COLORADO 01622 RONALD RL RA22011E k KA0A RO090IN . 31 THE GRASSLANDS 150001300Y, )10W 701110 11797 PROPOSED. 60• RIGHT—OF-WAY EXISTING ROAD PINUP L k SALLY A. M1LLZA 0700 110 107 CARBONDALE_ 0O.0RA00 91923 PROPERTY LINE MARTIN GARFINKEL. 0097 162 RO CARBONDALE, COLORADO 81620 HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENWOOD SPRINGS. COLORADO"61601 • .• (303) 948l370 • 51-1' 2 OF 6 MATCH SHEET 90016\16 3 8/3/92 . .5uan.�.. r, ,..u. .� il.�. .r.s i:4:�t.:>s, ysruW.r'��..', ..w• 5..:a.•ll:s:.i..v.:v�,Sbn.....l.-N.v.u,v:�vr. `:.::. xf:l.. Ils,dl.i::�. .. - $cY.Ix 841 ! r. 2 ' :Y • z 1EZHS HDLYY( PROPOSED R -O -W AOUISmON FOR COUNTY ROAD NO. 162 SITUATED IN SECTION 20 AND 29, T.7 S., R.87 W. OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO PROPOSED 60' RIGHT-OF-WAY 'RDMLD I. RAIIORE k SUTRA ROSSEIN 31 THE GRASSLANDS WOOOBIRY. NEW YORK 41.797 NAR71N CARAN%YL 0047 162 RD CARBONO'LC. COLORADO 81023 EXISTING ROAD PROPERTY LINE HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENWOOD SPRINGS. COLORADO 81601 (303) 9468676 SHEET 3 OF 6 MATCH SHEET 4 90016\18ExH.l 3/3/97 .c . _..IWi• �.r Y.a 1:' uny,�...ni. �._ Pa•.•.,:1•rl n:.11 : .7; nr Bt]^x 84.1- PROPOSED R -O -W AOUISMON FOR COUNTY ROAD NO. 162 SITUATED IN SECTION 20 AND 29, T.7 S., R.87 W. OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO MATCH SHEET 3 PROPOSED 60' RIGHT—OF—WAY ^f93[eifTIRE Rih>a RONALD N. RAT70RE k KATNA 0016EW 31 TOE 6RASSLAN05 WOWBGRY, NEW YORK 11797 11AHTW GARFINKEL G067 161 AD CARHONOALE, COLORADO 61623 SCALE: 1" s 50' PROPERTY UNE IRUST P80PERTY HIGH COUNTRY ENGINEERING, INC.. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENIYOOD SPRINGS. COLORADO 81601 (303) 945. 5678 • SHEFr" 4 OF 6 RUM STMLING 1579 SOIANEYrOMN Pi6E LOWER GWYNEDD. PA 19005 L1ARINA A0RlCNNE CROUCH P.p DOY 5146 SN0M1{ASS VILLAGE, CDLCRA00 61912 90016\16EXH.0, /3/92. 1_nmr ,. ..yr _•r r .:,�r.:,tw,r-..,,u...,, ,r, r..:r.. •-P u.,,•;•; nnr,•,, rv._,..m.-,r...r,.. ra � :J'•i�'1, : .. 11131( &OIL prtF2 ) PROPOSED R -O -W AOUISITION FOR COUNTY ROAD NO;162 SITUATED IN SECI1ON 20 AND 29, T.7 S., R87 W. OF THE 611-1 P.M. COUNTY OF GARFIELD, STATE OF COLORADO. SCALE; 1" = 50' AUDI S1IRUN0 1529 SumliErraft Puff LOVER GWYNEDD, -PA 19002 PROPOSED 60' RIGHT—OF—WAY . PROPERTY LINE LARTHA AOR1fNNC CROUCH _0 BOK HOK 314E 51.0O1,41A55 VILLACC. COLORADO 01615 HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 983 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 91601 (303) 945— 6676 SF ' 5 OF. 6 90015\I6EXN.G. 6/3/92 841 FtrE2` 0 MATCH SHEET 5 PROPOSED R -O -W AOUISIiION FOR COUNTY ROAD NO. %62 SITUATED IN SECTION 20 AND 29, T.7 S., R.B7 W. OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO RUTH St UN0 029 SINNESTONN PINE LOWER GWYNEDD, PA 19002 % PROPOSED 6 RIGHT --9E AY U).RTHA ADRR?�NE CROUCH P.0.90% 3141 SNOWSIASS VILLAGE. COLD DO 411613 HIGH COUNTRY ENGINEERING, INC. . CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENWOOD SPRINGS. COLORADO E1801 (203) 945-8676 :ET 6 OF 6 •q . 0_ 2 2 40016\16EXh.,,.YG 8/3/92 Nov i 1994 o's1:4—tato cowry November 14, 1994, David Michaelson Garfield County Planner 108 8th Street Glenwood Springs, CO 81601 Re: Crouch Exemption Plat - Amendment Dear David: land design partnership Attached is a plan showing a. proposed revision to the Exemption plat approved for Adrienne Crouch in 1993. At that time we discussed ways to relocate County Road 162 from the doorstep of Adrienne's residence but the status of the Sun Mesa access road was unresolved. Recently we learned that the Sun Mesa Road or the realignment of County Road 162 was going into construction. Adrienne's hope is that the plat amendment can be OKed quick enough to have the sante contractor construct the realignment of County Road 162-A at the same time. The plan shows an approximate configuration of the proposed alignment of 162-A and the section of the existing 162-A that we request be vacated. The design of the realignment of 162-A is in progress. We hope to have this design completed and cost estimates prepared by the end of this week. Adrienne needs to see the cost estimates before making the final commitment to construct the relocation of the 162-A. The engineered plans wi11 be provided to you as soon as they are avaiable. 1 have informed King Loyd of our proposal but he has not seen any plans, The Contractor will only be on the site for the next ten days or two weeks so we would be appreciative if this could be reviewed by the Board of County Commissioners on the 21st. Please call if you require any other information. Sincerely Ronald B. Liston pc: Adrienne Crouch P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • Fax (303) 945-4066 John Martin Glenwood Springs, CO Lany McCown Rifle, CO Tr si Houpt Glenwood Springs, CO li t o Garfield County BOARD OF COUNTY COMMISSIONERS November 9, 2007 Mark Hamilton 600 East Main St, Suite 104 Aspen, CO 81611 RE: Status County Road 162A Dear Mr. Hamilton: The Board of County Commissioners ("BOCC") has directed that the Chair of the Board tender this letter asking that you attend the BOCC meeting of December 5, 2007 at 10:15 a.m. in order to discuss the current location of County Road 162A. As you are aware, that road provides access to the Stirling Ranch Subdivision and was constructed under the direction of the Stirling engineers. On October 12, 2007, Fred Jarman, Director of the Garfield County Building and Planning Department directed a letter to you requesting a formal response from Becky Stirling or other owners of the Stirling Ranch Subdivision, to allegations made by Adrienne Crouch concerning claims of trespass and improper use of her property. To date, the BOCC have received no formal response from your office. Therefore, in order to advance discussion of this matter, the BOCC has set a public meeting on the above -noted date and time at which they invite your attendance to respond to the allegations of Ms. Crouch. The BOCC notes that approval of the Stirling Ranch Subdivision, at least in part, was conditioned on the proper construction and location of County Road 162A. Your engineers and your attorneys have represented that the road was properly located, and eventually relocated, in a manner that would no longer encroach on the Crouch property. The County Surveyor, Scott Aibner, has publicly confirmed that a small portion of the originally constructed County Road 162A continues to lie upon property owned by Adrienne Crouch. Without an adequate remedy presented by your offices, the BOCC will be compelled to consider vacation of the existing plat for the Stirling Ranch Subdivision. Therefore, please attend the meeting of December 5, 2007 and present your position in order that we can avoid such a drastic remedy. 108 8th Street, Suite 213, Glenwood Springs, Colorado 81601 (970) 945-5004 Fax (970) 945-7785 Mark Hamilton November 9, 2007 Page 2 Thank you for your consideration of our position. We look forward to u er discussions with you on December 5, 2007. Sincerely y D OF CO ONERS OF RFIELO kaw cc: Don K. DeFord, Garfield County Fred Jarman, Building & Plannin Scott Aibner, County Surveyor Adrienne Crouch Louis Buettner, Esq. T:\MyFiles\Corres\Ltr re CR162A 10-9-07.wpd February 13, 2007 Louis H. Buettner 0040 W. Sopris Cr. Rd. Basalt, CO 81621 Garfield County BUILDING & PLANNING DEPARTMENT RE: Letter regarding a property owned by Adrianne Crouch Dear Mr. Buettner, This office is in receipt of your letter dated February 5, 2007 where you allege there are "problems" with a property owned by Adrianne Crouch. To the points in your letter germane to County authority, I offer the following suggestions: 1) You indicate that an Exemption Plat was not recorded. It continually remains the burden of an Applicant (property owner) to record this document and it is not the responsibility of the County. More specifically, Section 8:33 of the Subdivision Regulations provides direction to an Applicant in this endeavor restated here for your convenience: a:3.3 A plat of an approved or conditionally approved exetian shall be presented to the Board for signature within I2tx days of approval. The plat shall include a legal description of the exempted property.. and Exemption Certificate (See Append.)_ the County Surveyor's Certificate . (See Appendix)._ azo a statement_. if. four_(4) .lots. parcels_ or interest have been created on the parcel, that '"COTE: No fia. titer division b:.= exemption. from dentition will be allowed," The plat sha.II be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not siga a plat ofa condition approved. e. crop tin until all co iiti ns of approval have been complied with. 2) You indicate that "abandonment" of an apparent 1913 Right -Of -Way would alleviate issues on your client's property. To that end, the County has a "Road Vacation" regulation that is intended to accomplish the "abandonment" of a County Road ROW. I have included the necessary paperwork with this letter to accomplish such a task. 3) It appears you are requesting to also change the boundaries of your client's property. This would require, as you have noted in your letter, a "Boundary Line Adjustment." The County is not a "party" to this agreement. We do provide assistance to property 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 owners undertaking that task and I have included the paper work necessary for such an action. 4) Finally, it appears your client wishes to pursue a residential development plan for the property. To assist you, I have also included a copy of that application which would be processed through this office. If your client is experiencing problems with the legal descriptions of her property, this office suggests she discuss the issue with the surveyor that performed those calculations which you have explained was High Country Engineering, Inc. Therefore, in order to assist you with your endeavor, I have provided you with the appropriate forms to 1) vacate ROW, 2) process a boundary line adjustment, and 3) subdivide property in Garfield County. Do not hesitate to contact this office should you have any additional questions. Very truly yours, Frean, Building & Plan!' 970.319.6785 Cc County Attorney's Office epartment, Director rod Recorder qty: SET RA LS/22580 mL NOD53'OJ'i scar. FD R/C LS/ r-- rti S 8978'26' W 10.83' 1 r { 7 p.3 Max 76..9. PBG'' 879 S 841' E 805.01' 4I2 IT10N To PIXEL A " a_sos e 0 N 8.978'28" ! 858.6 7/ I I\ if 111, I:1 Ili iff Lij 1 C II H p 93 ACRE PARCEL DESCRIBED f 1H DOCUMENT 1 315718 J ( i I 1 . 1i\1 II \\ 1 x PARCEL A 9.932 .4CRA t .S 89'25W" r 6'37.27' In 1.43 ACRE PARCEL DEScRiam 1N DOCUMENT f 315718 1 1 SET R/C LS/22580 S 89'25'01 " 1P 0 .1,124A a 10 rx�.rca�.i- p.4 PARCEL B ROUSE 0514C. rw,13 PO , SET R/C LSJf22580 N 8930'1!" d 52.87" D R/C LSj112O4 "46'28- s W 4928"9Z R/C tS]1i204 TF]J $ 321d'J.Y 9-895 ACRES2 r PP, 7----- ��l �l 126' ROAD EASEMENT' AS A EJOi1B1r A OF DCCUMetr. I ��arsowa Rain — _- MOW' Fern !) % p r 16724 S R - 6QS0' L - )75.31• srr°D6rr5r V N 89'21'33ue " E BASIS OF BEARINGS 10' UIIUW AND WATER UNE EASEMENT T-APPRIk LOCATION BURIED WATERLINE 71.52' GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 16, 1993 Mr. Ron Liston Land Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: CROUCH SUBDIVISION EXEMPTION Dear Ron: On February 8, 1993 the Garfield County Board of County Commissioners conditionally approved your client's application for a Subdivision Exemption. The conditions approved by the Board are as follows: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 4. The applicant shall submit $200.00 in School Impact Fees prior the signing of an exemption plat. 5. Prior to the submittal of a Final Exemption Plat, the applicant will submit a letter from the Carbondale -Rural Fire Protection District regarding the provision of fire protection to the site. 6. That easements for waterlines and for access and maintenance of the proposed well be included on the Exemption Plat. In addition, each parcel shall receive a deeded interest in the well. 109 8T1-1 STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 Mr. Ron Liston February 16, 1993 Page 2 7. A well sharing agreement shall be provided prior to the approval of the plat and shall be recorded in conjunction with each deed conveying well ownership. 8. Control of noxious weeds are the responsibility of property owner. If you have any questions, please feel free to call. Si Dave Michaelson Planner DHM/dhm GARFIELD CO TTY Fax:970-384-5005 Nov 10 2004 11:15 P.02 Garfield County TY ATTORNEY'S OFFICE November 10, 2004 Ballard Spahr Andrews & Ingersoll, LLP Roger C. Cohen, Esq. 1225 17th Street, Suite 2300 Denver, CO 80202--5595 108 8`" Street, Suite 219 Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 VIA FAX: (303) 382-4604 RE: Adrienne Crouch - County Road 162A Dear Mr. Cohen: I am in receipt of a copy of your letter of November 2, 2004 to the }hoard of County Commissioners regarding County Road 162A. At our last Board meeting, your client, Adrienne Crouch, indicated that she believed there was difficulty with the right -of --way for County Road 162A. Indeed, it was her position before the Board of County Commissioners that the subdivision in question, Stirling Ranch Planned Unit Development (PUD), did not enjoy public access by use of that road. While your correspondence does not indicate that extent of difficulty, it does assert that a portion of County Road 162A is located on Crouch property. Currently, the Board of County Commissioners has been presented with a survey of County Road 162A that demonstrates the location of the right-of-way and the existing paved roadway, together with a depiction of adjoining property ownership. Additionally, the Board has been presented with and accepted deeds for additional right-of-way utilized in relocated portions of County Road 162 and 162A. Those documents do not confirm any of the representations set forth in the second (2°1) paragraph of your correspondence of November 2, 2004. Indeed, the road lying in proximity to the Crouch residence, which I believe is County Road 162, was relocated by a deed and vacation process in 2002, Therefore, through this correspondence, I am requesting that you provide ' all supporting information, including all deeds, plats, title opinionsor other documentation supporting your claim that County Road 162A or other roads utilized by the County lie on property currently owned by Adrienne Crouch. .OARFIELD CO ATTY Roger C. Cohen., Esq. November 1Q,;2004 Page 2 Fax:970-384-5005 Nov 10 2004 11:16 P.03 Y have set your correspondence for discussion with the Board of County Commissioners at approximately 8:30 a.m. on Monday, NOvember; 15, 2004. At this juncture, 1 do not know if the Board will seek privileged legal advice or will conduct a public discussJtDn of these issues. However, in the event that a public dis.r�ussiph ensues, you and your client may wish to be present. If 1. have an opportunity to review the information requested above prior to that meeting, 1 will be in a position to properly advise my Board;. I appreciate your assistance in this matter. Please contact ane at your earliest convenience if you have any questions concerning this process. DKD:pko Sincerely yours, Don K. DeFord Garfield County Attorney co: BOCC Fred Jarman, Senior Planner Malik Hamilton, Esq. (Caloia & Haupt) Ft\MyFi1es\orres\Roger Cohen ze CR 162A.wpd RECEIVED DEC 0 8 2006 BOLDING & LANNrNc EA TA <MAL --- 410 ADQ.:te 013EcroLc4 � .. 1Z ab Z5ololiz_e+ (44 ker Sec..1o 0.2x 1- -- TIA BO L.Lth..WA •StA"± 4-h 1;3-f-0( 14iNi trIA M.1 rebdia 4-1 -NJ 1- LtDoUla A v(LQ..1� a v --CrtolAotA,..) 14;v\ci ;-t-h iv\, •Pc% i\A-1 4,41.0( OVVA <-crift-c-jcsiagrirr-ci sz,4.. Z.004 TO 3Ddd HflodD 3N1 3INab GOBTOT£9b9L6 TO :BO 5BBI/te/Ie 3033525133 BASI 577 P02 DEC 17 '04 10:13 LAW OFFICES BALLARD SPAHR ANDREWS & INGERSOLL, LLP 12E5 t77H STREET, BUTTE E300 DENVER, COLORADO 60202•5596 303.292.2400 F -AX: 303-296.3056 LAWYERS@ SAL.LARDSPAHR. CCM ROGER C. COHEN DIRECT PIALI 303.299.7304 PERSONA. PAX: 303.382.4604 E-MAIL: CDHENRCQSALLARDSPAKR,COM December 17, 2004 Via Facsimile (970-384-5005) Don K. DeFord, Esq, Garfield County, City Attorney's Office 108 — 8th Street, Suite 219 Glenwood Springs, CO 81601 Re: Adrienne Crouch —County Road 162A Dear Mr. DeFord: BALTIMORE, MD PHILADELPHIA, PA SALT LAKE CITY, UT VOORHt et, hIJ WaspumeroN, DC WJLJ Nm N OE On behalf of Adrienne Crouch, this letter . will follow up our correspondence of November 2 and November 12 and our subsequent telephone conference. In order to provide absolute certainty with respect to the encroachment on the Crouch property of County Road 162A, we are obtaining for the benefit of Ms, Crouch a title insurance policy commitment confirming the description of her present property and a survey establishing the location of the Road with respect to her property. -These items should be available iri the next several weeks at which time they will be provided to you and can be considered by your office and the Board of County Commissioners. Until then, it obviously is not useful for the matter to be considered by the Board. I will keep you posted on the specific schedule for the foregoing materials. Thank you. Very truly yours, RCC/jb cc: Adrienne Crouch (via email) Melanie Hansen (via email) CO_DOCS-A #153897 vi /, L December 22, 1992 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Mr. Ron Liston Land Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: Crouch Subdivision Exemption Dear Ron: Your client's application for a Subdivision Exemption, located on the west side of County Road 162, North of Sun Mesa Subdivision, approximately 3/4 mile northeast of the intersection of State Highway 82 and County Road 100, has been scheduled for a public meeting before the Board of County Commissioners on February 8, 1993 at 2:30 p.m. in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return - receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Si y, Dave Michaelson Planner Dl-1Mldhm 109 8TH STREET, SUITE 303 • 945-82121625-55711285-7972 • GLENWOOD SPRINGS, COLORADO 81601