HomeMy WebLinkAbout3.0 Correspondencel,%
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.Ilrne I . 11717:
GAFF'ELD COUNTY
Glade i.: Jr-rdg [*mph'el I1758 I41 Rd.
I'letar Llastler fB Eii47
f;ar'{ i e I d f,r-run tg rl:smmi ssi orrer:=
t];s.r'{i e I d tlcLrn tU f,c,ur. tholrse1[:? Eth 5t. 5te 3Bl
l:;l ent-reod EF,gs, t:B El dB 1
Dear. f,eun tg Csmmi =i aner.s
Irr r'eEptr,nEE ts the r'eqlte=t f,=r sr-rt,Jir.,i=:ir=n far.tIlegoand Ro=ie FEr.r'in's F,r.,:,F,er.tg, t*re r,.rsul,J 1i!te to ExpF.E.=s DLtr.Feasorrs f c,r. he i ng agai nst the :=Llhdi v i =i c,rr ExemF, t i c,n r.e qlrest .
As u.re ar'E to r-rnder:=tandr the Fr'RF,ertg ,fr.Lrned Eig theFer.rin'= ha=: beerr ta:led thr.,rr_rgh the ,Je&r.s aE c,rrE piECe urfFr'aF,ertg and ha.E h'eerr kept that rrag inn the benef it tr,{ Isr,.rer.taxes. The Ferrirr 's a.r.E r.Eqlre=-ting fr-rr.ther. hourses in anar'Ea that theg d,= rr at EUEn ,:,tr,:LlEr:J, I urnder.stan,l ther.e -lrr-.eFr'esEntli1 three seFEr-ate {amilie= lir.ring irr tt.ra ,Jr.,.rellingsth*t is rrrrlg ZtrFrEd =ingle iamiig.
The F*r'r'irr'=: r'efr-lsed tc, :=1rll1 the ':r:'r,rerr a.rrt= th.*t rJ.rEr.p
l"'PFrErr.rEd r'ecErrt13. t,Jhat d':, theg p1a.rr t,: pr_rt L1rl therr
Fr f.':'p e r. t g?
t.li th the {-+ct that ther.E &r.e thr.ee di +{er.En t f ami I i es ntr'a.f{ic iE a hig fact,=r. ert the pr.ir.rate rur-r.,1 sEr.uicing trLrhc'mes. l]:nltrrtle==: rrumtEr' nf tr'ips LIF, arrrJ ,Jutrrn the "tr,a,J r^rith
e!: trEssiue speed, trau=e gEuer'E dam.eqe ts the r.c,a.,J tarhich i=maintairred bg all neight'c,rs erclr-r,Jirrg the Fer.r.in,s becar-rsetheg r'e{ttEe tur cotr tr'r tute to the ma.i r, tence -r.rrd r-rpkeep g,+ ther'aod, filorrg rz.rith a1l the r.enters nf the rJr,*elling=, thepa.=tur'e i= a.isn r.ented ,:lrt {1-r. hor.=es arrd tr,,.ro otherl u*hiclestr'auel r-rp err d d':rr,rrr th* r.oa,J dailg,
Irr adri itiurFr t': the r.Enters ther.e a.r.e the ,Jog= that runat la.r'ge 24 holrr.s a dau. 'f'tru ,:rrr set UL-lLrr.r.,.ratch ,Jailg at*:0ttts.m. uh*n these ,Jng= mar.:e their. r.oim ar.BLlrrd the
ne i ghh*r'hr,tr,d and L$al.iE LrF EuEr.Hc,rre . tJe al one haue I ost tr,,,rocatE Errd tr,rr* r..:rbLit= thr.nugh the lJEF.r.E ,Jlre tc, the=e r.Eamrrrganima. 1s. t.ie hJer-rld hate ttr, e::timate the nurmh,er.of ,Jeer E|-rrJf-rt.rns L'.rhirh ha'-re teen ta.l,;err ,Jot,rrr {L1r. their {urn. seqrer-a. l*ther' rre i ghhc,r's harr,! sEEr'r these dog= chase rrri I dl i {e . Therliuisisrr t:+ t.l itdliie ha:: nE!.'er. L,eerr r-r. lIed cir-re t,: theirrtrtr'rrsistarrtcies *{ the Fer.r.irr .E mnr:,1s.
the
uE ar'
A1c'rrE u'ri th the r'trad mai rr tena.nce ther'p i =: the mat teF uriir'r'igatiorr ditch thsrt EUEr.'J,:,nE ha.= sha.r.e= in. Euer.gpr'inr tn it= openirr';, ther'e Er'e r.rrEEkerrds g{ ,:leaning
JUt{ 0 2 tesz
t
a1,=rr,1 r^3i th ptpe=, i.*.1=h,:,Llt.; srrd C.it ,:ie;.riirrg. i'Jei tl-r *r' time
I'rEt-'m':'rrie'Ei=:'JlUEnb:JtheFerr'irrnEt'r-itti-rer'"rateri';=tll'i'
r_r=*,J L,,.=i tl-ierr r,,rrthr,i-rt i:hq herre+it ,:i arrH tr.r':tr'l':.. Fi1':rrq i.'rlth
the geir-.i:_-t rlea.rr rrrg thete i=:;. 1t,.r-q,J=::Lil'l-rtTrEr'rrr.i.j.tit*rra.rraE d'-te
tc' r.+a.=hL-iLjtE. l-]rr* 3**.'. Il: leg* tntfl,; it Llpari hirrreeii tc L'i-rt-I g
m,:rr.E r.*Et*r. ,i,:,r,,J!.r thi.r, thE ,jitCh rC,r-tI,J l-r arr die 3.rr d ,Ia'r-iSed
e.*.terr=1r,te ,Jam.;.ge, it toc-li.1 tl-r t-EE r/,rE*l.lE tc' r'eL"-lrid, 'rFrEgE
r'EF-:,.ir'= r..,,rer'e ,Jnrr e b.U E'.'rer':JnrrE eliE'=Frt the Fer'r'irr"5'
I + the ,Je,:151':rrr i A nr,i,Je t': 1e t tl-re Fer'r'i rr'5 =r-it'di L'r i de
theif. F,r,:,F,Er.t,J er.ierr ti-r,:'r-J,.Jh ti-r e1e i:: limited tsmr:'Lirrt f'+ i"rater'
f c,r. dcnr*=t i r ,..i* I I =, 1=. tF,e t;.nr-lrr t'J gc,i rrg tc, mei rr ta.i rr 'iFrrj
br'irrg nr-.lr' r',:;.,1 r-lF t': it:=' =t3"rrd-='r'':i::l
gi,.le thi :. =:Er'i frr-l=':r:rrr=r der';''ti':rr e'iid =EE
,l--.n,-*.,fe thr= c,:,i-li':j ':tsr-l5E the ':tl-rer' ta':': p'3"IJEr'E
5i rrcer i:--.1
o
l..l* hnp,g URLI
r,.rl-r.3.t i r r'*Par'-+t I e
irr thi= ':'fmmLlrritg
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Li d rr d Jr-rd tl:a.mF,he i 1
oo
M0 GARFIELD COUATTY
1?48 241 H*ad
I.l+w CasLl+, r]*lora-d+ 81841
lrday 3tt, 191-rZ
Gaffi*ld C*unly C*rnmissiorrer:
1[rJ Eth Sh*et
Gl+n',n,rlod Springs, C+l+radr: 81 801
D+ar Sirs
! a.m a r+si'.I+nl +f th+ sub,iFrisi+n in which the Fenins a.r+ applying f+r a further dFision of their
prr:p+rty. As I undershnd i!, th+y are asking f+ra. continuance of an application lhey shtt+d to
pnlc+ss pr+vi+us t+ A+t 35 which vras creat+d in 1972. lt is my f+eling that[hey should
apply wiifra newapplication and adhere to the lawthat is n+'rv in effect--as anyone else vrould
hav+ to do.
i hav+ +th*rf++lings aboutths rnaterbul'yvillres+rve th+m ftr[h+ m+eting
Thank you
Sincerely,
Ha.ny Muss+ll
Jtil 0 2 t9e2
otlAi 'tA-l at^- )I l'f't-i-t I liLjil'.-I
l.leu Ca.stle, tl+l+rad+ 81847
tvla.y 3lJ, 1!9i
a
r.f a.ffielcl f+ unty C*mm iss ion+ffi
At: Mrs 5mith. Mr. Afua.ny, F,'lr. Ma.ckl+y
109 $th Sf+et
Glen*u+d Springs, C+ fi1801
GAFIFIELD COUNTY
D+a.r Commis-sbn+rs
lam a resident+f an area anciently kn+wn as Haris Flah, which is eastof [he Klein Banch on
the Ea.sl Elk Creek Hr.rad. I ha.'r+ h*en inf+rm+d h,y neighb+rs {n+tth+ F+rinsi thatMr. and Mrs.
Fenirr ar+ a.pplying f+r a. sutr-divisi+n oi Lh+ir prop+fty. I [her+fore wish [o irrform you that I hope
y+u vritlrj*ny this r+qu+st.
I +pp+s+ this suEr-dFtisi+n r+qu*st h*caus+:
1. A sub-dh,isi+n in +urar+a urrruld require th+ drilling of more vlells. Ournellirater is
linrit+d at th+ present tim+ and we +ft+n dmw re,J sand. Fufther d+mancls upon +ur aquifer
'rt+uld caus+ m+re problems.
2. Our r+ad is n+L th* gr+atest in Lh+ ,r,.rrrld. lt is nrainhin+,.l by our Ditch & Eoad
Cornrnif.+e { oi which th+ Fenins d+ not confibul+} +ither by ourselv+s or by purchasing
s*ruic*s to mainhirr il. Addi[i+rralf;+ffic'*r+ulri d+teri+ra[e,the r+ad futth+rand be at+ur
+xp+ns+, n+t the Ferin's.
3. Paslt*nanE of th+ F+nins hav+ caused problems f+r+ur litl+ communi[y by their
reckl+ss drivirrg a.nd by their peE running loose. The Ferin's do n+t liv+ up her+ to c+nfol their
tenarrE.
4. As I un,J+rshn'J if, the F+rin's har'+ been illegal in th+ consFuction +f theirrenhl unit.
in f+ll+wing +xisting z+ning r+gulali+ns, an,J in r+presenting Lheir acr+age and builclings t+ lhe
tlr-iunfl As*+ss+r. lt s+ems [r m+ tha.t a.ppr+ving a. suhr-divisbn requesi rrow,rlc'ultJ appear to
*+nd*rr+ th+ir pa.:;l ai:li+ns.
5. Wh+n +ur l+calc+uenanE +xpired the resiclenE of +urarea fied t+ getthem re-
insht+d. Feffirrs refus+clt+ sign th+m. T-+ me, this s+enr+d as an admissiorrthatthey were in
vi+la.tion t[ rr+t orrly *ur cc:v+na.nfs hut also counhT z+ning regulations.
E. lh+li*'i+, atth+ pr+s+nftim+, ther+ are thr*+ renhls a.lth+ Fenin's: 1) the cabin 2)
upshir= in the hous*. an'I 3J ,.1+wnsh.ir: in th+ h+use. I 'lras und+r lhe impression thaL this vras
a. z+ning vi*la.ti*n, a.ls+.
In c+nclusic;n, i'rwuH add Lhatmi+ wir+ and lpurchas+,J +urpr*p+rty antlhuilt+ur h+m+ rlul in
th+ c+untry 5o'r\€ could +nj+y th* amenities olthe c,iunq.'*. To approi'e a sub-dFiisi+n cleara.nce
firthe F+nins'd+f+aE th+ putp+s* +lcounfy living.
Thanl:. yt:u f+r y{iur c+n5iil+rati+n
I
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r$lr4td:
'JUil'0 2'lw2
H*sp+*trullg
r oo[,t
$0'vl.'vrl\4
f, 'V',/ ro:
/ FRoM:
RE:
t,/,/,?i ,/':,y'i
Conrnlssion
I,
I
ers fftli" I I ti)tilThe Honorable Garfield County
Wi111am and Patrlcla Fuhst (ir, r
The Cleyo and Rosie Ferrin request for subdlvlslon'6f:tlf'tflt1y0l'' it;n''l6ltrf 1iS
ttreir East Elk Creek propertles whlch dlrectty affects
c,ur property as well as our famllyrs quallty of ltfe.
DATE: May 10, 1992
Commlssioners:
I am, in this letter, speaking orrly for mysel f (l^Ii 1l.l am Fuhst)
and my wlfe (Patricla Fuhst). tle adamantly oppose the Ferrinsl
request for exemptlon and urge you to support our view for the
following reasons:
Ferrins have for the past (at least) B years misrepresented
themselves to Garfleld County for personal galn.
a. Ferrins 111-ega1Ly constructed a ttcabtnrt on one of
the parcels belng consldered for exemptlon. No
permlts were obtained for said constructlon.
b. A rental hlstory golng back approximately B or more
years can easily be documented and has been done so
by Michael Watts of the Garfield County Planning
Department.
c.Unttl last year the Ferrins represented ttrls rental
unit to the County Assessor as an rragricultural struc-
turetr for lower tax purposes (contact Steve Rippy to
verlfy) and accordlngly deprlved the county of needed
revenue.
d. Of the 17+ acres and desired 4 parceil^s, the Ferrins
claiml,they have been taxed (knowingly on their part)
on onl-y 2 parcels; a 3+ acre vacant parcel and a 14+
acre parcel wlth one residence and, untll recently,
an rragrLculturat structuretr. Because of thls we feel
that voluntary lncorporatlon of their separate parcels
has occurred and the county should so view lt. other-
wise, it seems as though the Ferrins have, with the
Countyrs blessing, been allowed to rhave thelr cake
and eat lt toor.
The Ferrinst insensitivlty to the qual-lty of life caused
by thelr actions and in partlcular their tenantsr actlons,
on adjacent property owners.
a. We, as well as nelghbors, have redundantly requested
the Ferrtns to te1l thelr tenants and thelr tenants I
guests to please lngress and egress the prlvate drlve
1
2
O
whichservlcesoursubdivlsionlnasafeandcourteous
manner. Such request's have been consl-stently and often
"t.orliatv-ie.,"'"a (several tlmes resultlng ln ca11s
to the strlriif rs <lepartment, creating a drain on county
resources.)
b. The road that servl-ces our subdlvlsion is a prlvate
drlve malntalned by a county registered road company
whlch the Ferrlns w111 not joln or-contrlbute to
(thelr.tenantsmostcertarnlynot).Whlletheyareat
the end of the road and use every lnch of it, all they
contrlbutetolsthedeterloratlonoftlreroad.They
contributenothingtowardsroadmaintenance(lravenot
fot y."t") and we are tlred of maklng sure their renters
and iuests have a nlce road to race by on'
3. Anlmals.
a.TheFerrlnslraveconsistenttyrefusedtorestrlctthelr
tenants as to animats or provide an aPproprlate place
to keep animals; they ha.rl been permltted to run-at-large.
Examples:Thecurrentrenterlntlremal.nlrouseranan
ad In the Glenwood Post for hls two lost dogs; the last
renterinthecablnhadarottwellerthatrantheneigh-
borhoodwiththeFerrlnsIdogsandchaseddeerandelk;
the renter before that had 2 ptt bults who coutd be
seenanywherefromthertcabl"tttgNewCastle'lncludlng
or. y"th in the presence of our 4 year o1d son'
b. The Ferrlns no longer reslde in the neighborhood; they
reside ln the old schoolhouse ln New Castle'
The Ferrlns wllt be comlng before Your hat in han<l' reeking
piousness and humillty to serve thelr own selfish ends' Tl'rey do not
come before you voluntarlly but because they are forced to and wltl
make every effort to put tiretr best foot forward, self-same foot
havlng arrogant.lf o. i"""ttfully klcked every avallable posLerior
ln the county gorurn*"rt and thls neighborhood for years ' To grant
the Ferrlns the exemptlon they are re[uesting ln view of thelr track
record with the "orr,ty and neighbors wlLt send out a wrong slgnal
to every property ovlrr.t ln the County' In llght of a $100 per day
frne the Ferrins could be forced to pay for every day of vlolation
gotng back 8 years, ask.yourselves ri thty are belng honorable or
""arrirrg no oners interest tlut thelr owrl as usual'
o
Mlchael Watts
Steve Rippy
cc:
-2-
Wt111am and Patrlcla Fuhst
o-o
September 6, 1985
'jlt i;,lLt{ .,,^,,,{ t
Alit,rrl, t/trfl^ry*
Mr. Irred Davidson
Principal
ct.trota Sprinqs Elementarlz School
Dear Fred & N.H-D. & Ii. l{embers:
I received your letter with the attached N.H.D. & R' By-L'rt';s
on septempber 5, 1985 and reacl thcnr with interest. I find the
intent of the oig""irution to be basecl upon gooC intentions and
probably for the-requrt"o".,l "i needed improvements to the road
and ditch.
Icidnctfiada.nypl.anfoi-fur:ure.impr:orzern'entso::imledia'l:e
needs established in your ietter ancl am curious about how tire
plans and cost estimaies for impror,'ements have been established
and by whom.
Providingt.hatlamreadingyour',MemberCoplz''correctly,
you are asking a total of s100 .is' tone-hundred dollars and
tiventy-five cents) per *".,tr, ot $L,203.00 annually to be applied
to roacl improvement and snow removal by the members ' Adcitionally
you p]:opose $203.00 (two-hundred and three do]lars and no cents)
per month or $2,436.00 annually to b9 appliecl to ditch improve;nent's"
Therefore, r assume yo, pf"n. ti*" $35 'obb ' o0 dollars worth of
improvements within the ncxt"ye?r'r
As)'oumayknowrrhavepaidwhatlwastoldr{asmyfair
share of the cattle guard and cost for road improvements which
included bull-dozing and clrarrel for the entire ::oad' Additionally'
I have paid $I00.00 to $200.00 (one-hundred to two-hundred dollars)
each year ror-aiicrr repairs. I have also been "Good ole Boy'd"
into a d::y water hole rigl-rt there in New Castle whicir required sor'le
legal assistance for a barl problem
I am reluctant now to invest nearly $600.00-(six-hundred dollars
.rnd no cents) annuall]r in t"-oig"'izati6n where I'm told we donrt
need a lawyer, an6 I don't know what the money is-going to be used
for, by.vrhom, ancl r,vhat Drot;;arnq rj-qhts I iravc'att'houqh Ir11 be
ir.1ri-.g^about 2OZ of the income to the corpus'
you req,estecl that r ""iiry you of my wishe$, and therefore
Lhey are:
1) That an organization of participating members
be ioi*.a,-provicling the need exists' that r'vouId
be entrustecl to o,.,."t for the members those studies
""a
-pii"s reguirecl in order f or sound and log.ical
aeciiions to be niade by the members to irnprove
and protect their rightful properties '
The organization i:e gover:ed by Iega1
provisions by which all members are'served as fairly and impartially as
and ethical
rightfullYpossible.
1
2)
{o
3) The organization be leadered by elected members who
aregovernedbyagreemenLsaStolongtermgoals,
and igree6 to short term needs as established and
requiied bY the menbershiP'
4) Provision be provided whereby members with lorv
fair share percentages may not encumber upon
high fair share percentage membe:: cost that
obviously are not equitable, reasonable nor
needed in the judgement. of the high fair share
members. This is being pointed out since
approximately50softhefairsltare:areowned
by-only 2 (two) out of the 13 (thirteen) members.
P]-easesharemi/concer:n:;witirthemembersandt'I"rankvou
fo:: your letter.
i remain,
o
/:r" .,. ". -*-"'t
R. A. Sininger
1003 W. Oak
Denton, TX 7620L
817-382-3730
FTAS : rC
Cleyo
Shelton
D
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [303] 866-358e
Jlur:re 29,1.992
HAROLD (HAL) D. SIMPSON
Acting State Engineer
o
ROY ROMER
Governor
JUL 2 t9e2
fi
JSljd
ferrin.rev
1.,;l ..."1: ,i _ ,_.:" .- _,",*. , ,: I i
Mr. Andrew McGregor
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
F.E: Cl'eyo Ferrin Subdivision Exernption
Section 18, Twp. 5 S., Rng' 90 W', 6th P'M'
Division 5, Water District 39
Dear Mr. McGregor:
We have reviewed the above referenced proposal to separate L4.21 actes into traro tracts of
five acres each and one tract of.4.21acres. fhe proposed source of water for the east five acre tract
is well permit no. 6g284. The conditions of ,ppro"ut restrict this well to serving one single-farnily
dwe1ling. The applicants seek two additionrf we[r, one each for the west five acre tract and the
4.21 acre tract.
The only time this office can consider recorlmending approval-of subdivisions proposing
additional exempt wells in an aquifer tributary to an over-rpproptiut"d sfieam is when: (I) only
one additiorrul w"ll would be iequired for in-house use or,tv, czl the original parcel ryut.T
existence by May st, tg7z, (3) there has not been a prior subdivision or exemption associated with
the property rir.. frfuy'ii,'tglZ, and (4) there are no conditions on any existing well permits
prohibiting tf," p.oporJa udaltio""l well. Such "exemption" proposals are considered on a one-time
basis only. au otr,Jr proposals calling for additionat wells ,.q.rir. an augmentation plan developed
through the Water Court.
I.lcne cf the rnaterial subm:tted -"vith -Jris proposal indicates the 14.21 acre tract, oi airy
portion thereof, was in existence by May St, tgli. Based on this, we are unable to make
additional well permits available, urrd do not recommend approval of the Ferrin Exemption'
Sincerely,
hl\-/
John Schurer, P.E.
Senior Water Resource Engineer
Orlyn Bell, Division Engineer
Bruce DeBrine
cc:
o Andrvr,t "frlecnyIa
To: The Garfield County Commi=lor,.t=
Attention: Mr. ArbanY, Mrs- Smith, Mr,
109 Bth Street
Glenwood Springs CO 81601
FROM: Rosie B. Ferrin
151 W. Main
New Cast1e Co 81647
7661 t 1 mFi
from Fred Davidson,
is to allow us to
this letter.
MackJ-ey.-.--"--r -- .{..ari{tFa-{e
l
1
IDear Commisioners,
we have received a copy of the letter of opposition
Harry Mussell I Glade and Judy campbel1. This letter
present our side. We appreciate you time in reading
1 . ) Trventy years aelo, when we bought bhe 14.2 acres of f County Rd '
241 ,I{e thought rrre had three (3) parcels of land. out of concern
for the land laws that the colorado congress was trying to passr wQ
hacl our acreage surveyed by Scarrow and Walker to two (2) 5 acres
-"0 one ( 1 ) 4-.2 acres. We recorded our land contracts in March of
tg72. At that timer w€ were sure that we tool< care of our land sub-
division before the new laws took effect. It wasn't til-l 1992' when
we were struggling financiQally to remodel the old New castle school-
house that we discovered the probtems. WilIiam "8i11" Fuhst wanted
to buy our three ( 3 ) acre parlel that was for sa1e. I{e offered to buy
the parcel for $20,000.00. Another prospective buyer offered $30,000'00
The difference in price could make a 1ot of differences in how much
remodeling could be accomplished. we turned down BiIl Fuhst's offer
and accepled the other offer. Bill Fuhst was furious and told Cleyo'
and other people that he had $20,000.00 to make our lives miserable
and unbearabll. We tried hard to ignore him. Wj-th Tom St\u"f '?
hetp, Bi 11 ' s lawyer r w€ lfere inf orrned that Henry Dietz, the original
setier, did not record the legal papers until December of 1972' We
were as shocked as the people invol-ved that tl'ris thing had occurred'
In lg77, af ter we got our iand paid of f , we received tr+o deeds f rom
Henry DieLz. Alsor please note Tom St{uver and the late Mr' Mason
were Henry Dietz,s lawyers at that t imd. One deed read that we had
two (2) p-arcets of land, Parcel 1 and Parcel 2 both of f ive ( 5 ) acres
cach. The other deed read 4.2 acres. We stilt believed at that' time
that we had three (3) parcels of land' Since thenr w€ bought three
(3) more acres of land from Jack Sissom which is now for sale' We
lost the sale of the land because of bhe problems that surround it '
2.) Regarding the main road goinqr into our property, cleyo and T
have invested a lot of money and iime to develop it. By virtue of
being there firstr w€ innerited a wilderness road' Lee Moss and Jesse
Markum can verify this. For five yearsr ds we had the moneyr we re-
moved large boulders from t,he middle of t.he road' We contracted
several cat operators to build the road. Wilmer Kindal1, David
Gibbens, UarlLy Rippy, and two other operators, (we have forgotten
their names) worl<ed for us. I wi.shed T had taken picbures of the
huge rocl<s that were dug out when llre were building the road so ltle
could show them to Judy ancl Glade CampbelI, Fred Davidsonr drld Harry
Mussell. Those people did not witness how bad the road condition was '
When they came into- tfre picture the road was in much better shape '
Y page 2 o
we also created a parking area at the bot,tom of the hill for theneighbors to park in the winter time. We atso widened the roadNo Major improvements have been done on the road since rrre left ourproperties in 1990 to remodel and refurbish the o1d schoolhouse.rn the past we have paid for some of the gravel on the road, evenif we were not members of their road company. Our cancelled checl<swill prove this. We sent the check to Frecl Davidson, the Secretaryr/Treasurer of the neighborhood dj-tch and road company. A1so, cleyograded the main road many times and plowed the snortr off it as ourcontribution for road upkeep. As qood neighbors, he even plowedBill Fuhst and Matt vanHoose's driveways. we did not charge t,hema penney for time or gas expense. fn {:he pastr w€ thanl<ed GladeCampbell for pLowing the snow off the main road. He informecl usthat, he did it, for his son's school bus and not beeause of us.Neverthelessr rr€ gave him gas money. Our cancelled checks are ourevi dence .
We found out later on that Glade Campbell got paid by t,he neighbor-hood road company. rt did not mal<e any difference. we st,il1 ap-preciated Glade's efforts. Many times, Cleyo plowed the snow oifthe main road as our contribution. One year, Cleyo Ferrin did mostof the plowing of snow off the main road. Glade Campbell still gotpaid by the road company. No thanl<s or recognition was given toCleyo. We were hurt, but we accepted the situation that sometimeslife is not fair.
We have requested in the past, that t,he neighbors separate the roadcompany from the ditch company so we coutd join the road companlr with-out giving up our legal rights on our: ditch company. They refuieOt
We are willing to contribute money for road improvements and Cleyois willing plow snory off the road wit,hout getting paid
We used to have a legal ditch company of our own. The members werethe Ferrin's, VanHoose's, Sininger's and Fuhst,s. Due to our busyschedule in remodeling the o1d schoolhouse in New Castle, our ditchcompany remained inactive. Cleyo and f contrihuted $350.00 for theabove mentioned. Pat Fuhst, Secretary/Treasurer, turned over themoney t,o Matt VanHoose. This year, 7992, Matt VanHoose suggestedthat we pay this money to the other ditch company. we agreed to pay
$100.00 for the road maintenance and $250.00 ior the pur-hase ofmaterials and or cat cleaning. As usua1, we did not get any credit
f or t.his. Alsor w€ bought a lot of large pipes f rom Phillip Mi11erfor the ditch. We have the cancelled check.
3-) As far as the dit,ch is concerned, again, by virtue of being therefirst,r w€ inheritea a three (3) mile ditch that was flat as a pineake.The first year we bought t,he land, the grass was brown from 1ack ofwater. It was five years of digging and more digging for Cleyo Ferrin.Lee Moss and,Jesse Markum helped him for one year. After that itwas four years of single-hand@dly digging and piping the ditch forC1eyo. Sometimes our personal friends helped us. We spent our moneyon the ditch happily. When the resb of the neighbors moved in, rrenever asl<ed them for bacl< assesments. Cleyo continued to work on theditch. we were happy to see everyone,s grass turn green. For overten yearsr w€ allowed Fred Davidson to use all of our water to irri-gate his six (6) acres, (only 3 shares of water for him - the other
a
page 3
3 did not have water rights). Many times he rvas able to irrigate
his land first with his water share and all of our water too before
we could irrigate ours. We allowed him to cross our property and
use our water, no charge, just being a good neighbor. As more peo-
ple moved into the subdivision, we needed a 1egal ditch company- We
iecommended to them to hire Tom Stfuver, the lawyer, to form our
ditch company. Several of them opposed a legal ditch company. They
only wanted a neighborhood ditch company. We opposed a neighborhood
ditah company because everyone rias entitled to one vote irrhether he
owned one- (1) acre or seventeen (17) acres. David Gibbensr our friend,
informed us that their neighborhood ditch company landed in court,
(peach Val1ey Ner+ Castle). It cost them tremendous amounts of money.
We did not want history to repeatr so we refused to join the neighbor-
hood ditch company. Ro11ie Dorul-er and Glade Campbell harassed me on
the phone trvo ti*es for not joining their ditch company. Since then,
Fred Davidson has been upset abouL us for not sharing our ditch
rvater with him. Our friends, Lew and June Bottorff, and George and
Imogene Connally are our witnesses for the hard r,rork and time Cleyo
devoted to the ditch. They also helped Cleyo once in a while.
About three years dgo, we hired David Gibbens to do cat worl( on the
ditch. The neighbors tried their best to stop and prevent David
Gibbens from doing cat work. It almost turned into a fist fight
betirreen Cleyo and Rollie Dorvler. Why don't they al1ow us to do cat
wort( on the ditch when rve or.rn over a third of the water rights?
Againr w€ paid for the cat worl( without aslcing the neighborhood ditch
company for a cent. A ferrr years ago, I realized that Cleyo luas
pasiea-sixty (60) years of erg€r and the years had taken their toltr so
f decided to convince my husband to give Matt VanHoose three (3)
shares of water rights because he did not have any lrrater rights
for his land at aII. We aslced Rollie Sininger to sell Matt VanHoose
three ( 3 ) shares of water rights. He refused ! I concluded that
it should be up to us to give Matt and Vonnie VanHoose some waLer
rights. fn return, Matt agreed to help Cleyo wiLh the physical end
of digginE ancl cleaning the clitch. We needed a strong, /ounQ and
aUfe-Uoaiea person to help Cleyo in ditch digging. Matt was a good
choice. Enclosed is a legal document that stated that we gave the
water rights to Matt and Vonnie VanHoose - no charge or money in-
volved
aI
Matt VanHoose is consider
by the neighborhood ditch
credit that he is digging
fn our opinion, CleYo and
three (3) shares of water
the ditch. Because of ou
Cleyo asked Matt to cover
1991. Matt VanHoose agre
the ditch. Gordon and Ju
are helping us with the d
ditch.
ed a "super digger and worker" in the ditch
company. But they have never qiven us
for usr since he is not using the water yet'
I giving Matt and Vonnie VanHoose the
is one of the best things we have done for
r hectic schedule in the o1d schoolhous€r
for him on the ditch work for the year of
ed! This yearr w€ have additional help on
l-ie Wi Lzke, both New Castle f iref ighters,
itch. They helped Cleyo diq and burn the
4.) As far as our dogs are concerned, no one has ever called us to
complain regarding any problems. We would have appreciated it if
"o*Lone did! As soon as we found out about the problemsr w€ Look
our country dogs to the old schoolhouse. Holr come the Division of
page 4
Wildlife was not notified regarding these prolclems if this lras true,
chasing deer and ell<?
5.) As stated in the letters you have, they complained that there
are three (3) families living on our properties. They also stated
that we are no longer occupying the big house. There are only two
(2) famil-ies on the whole ranch. One family lives in the big house,
a father, mother and a daughter. fn the cabin live Dave Carroll and
Linda Culver. The downstairs of the big house is not occupied by
anybody and never has been. ft's used as a storage place for our
p"rsonif belongings. We live in the old schoolhouse in New Castle.
Ne.rer once trave we stayed in the downstairs area of the house since
we left. Does it matce any difference in traffic whether Cleyo and
T live in the big house una Cleyo's daughter and son-in-Iaw reside
in the cabin? anyone in the neighborhood that might be concerned
is welcome to come and checl< the downstairs of the house after re-
questing our permission.
6.) fn the past, the neighbors had problems with our tenants regarding
speeding ancl rlogs. ItIe tool< care of those problems by evicting them,
aftnoug5 T felt that their rights had been violated. In my opinion,
Bill Fuhst had no right to intimidate my tenants by ta1<ing a gun into
the Canyon Club to threaten them l:ecause they lrrere going a 1itt1e too
fast passed his house. My tenants informed me of this incident.
A1so, I believed that Bill had no right to drive three times as fast
just to reprimand my tenants f or clriving a little too fast. Shouldn't
u1 authorily like t,he Sherriff's office handle these problems since
they are better traineci? We now have great tenants living on our
ranch. They respect the rights of obher people!
oo
7.) Gordon and Julie WiLzke are taking care of the ranch' They
free pasture for their horses in exchange for the maintenance of
ranch and helping out in the ditch r,rork. They also took care of
dogs ! They have-helped us a lot on the ditch worl< this year and
st,i11- doing so.
qet
the
our
are
B.) It is unfortunate that Cleyo gets blamed for what "Mother Nature"
has done many times to the ditch. fs it Cleyo's fault when the ditch
breaks due to clogging up because of dirt, rocl<s and leaf accumulation?
Cleyo has not overloaded the ditch at any time because he l<nows of
the consequences. Tn fact, he reminded the neighbors to help him
watch the ditch every day for leaks and brea'l<s whenever the high
waLer increases.
9. ) When we built the ',shed" many years d$or now the "cabin", we
rrere under the impression that we had three (3) parcels of 1and. We
had an emergency wtren Cleyo's daughter got very ill. We were afraid
she lfas dyingl. We made a mistal<e when we did not g'et a building
permit. We ,ere too busy saving our daughter's life and providing
a home for our grandson. They could not afford to pay rent because
her husband was unemployed at that time. Instead of them going on
',we1fare", we accomodated our chilclren, just Iike many other parents
would do when they are in trouble. We hetped nurse our daughter back
to health! We arl willing Lo correct our mistake by getting a build-
ing permit for our cabin. lease help us!
10.) We did not sign the covenant offered to us by the neighbors
page 5
about five (5) years ago because we had friends, Matt VanHoose
and Rollie Sininger, who were getting ready to build their houses.
At that time, Matt VanHoose informed us that, Rollie Dowler and Glade
campbell trespassed on his propertlr and accused him of stealing their
wett water by drilting his own rqell. When the covenant r{as enforced
at that time, "veryote including us violated it. Nobody followed the
rules or conditions as stated in the covenant completely' Most
importantly, we already have county zoning rules to abide by' I don't
believe t,hat the neighbors had any rights to tel1 Matt VanHoose and
Rollie Sininger how, what and where to build their houses when we
a1-ready have a county inspector to supervise the construction. In
my opiirion, it is u.rumerican to tell a person lrhat to do on his
pioplrties as long as he,/she is pbeying the county zoning ru1es.
11.) If Harry Mussell is concerned about the subdivision, how come
he builL his ience on the road easement and his house right next to t'he
road? He has three (3) separate acres of land. Wouldn't it be better
if he'd built his house back up off the roacl like many of usr so the
dust woutd not bother or irritate him and his wife? They only live
in the subdivision during the spring and summer months. He was a
succesful realtor for many years. f am positive he was aware of these
things. T am sorry that any and all of these problems came to t,he
"o*.issioners because we did not intend to be a burden to the county'
These problems nould not have come to a head if lrre hadn't bought, the
old schoolhouse in New Castle. A1t of my life, a1l I've ever wanted
to do is to leave t.his earth a better place to live in than it lras when
I came into it. I guess I am driven to mal<e a big difference in peo-
ples lives, especiaffy the children. My dream is to remodel the old
ichoolhouse so the children can have a safe place to be in day care
for little children Monday thru Friday, teen dance and sports every
Friday night and roller skating on Saturdays and Sundays during the
fall lna winter months. The fulfuillment of my dreams have been a
struggle and a great challenge! Many times, due to t'he stress levels,;
an excruciating pain dominates the atmosphere. I continue to per-
severe in spite of the many setbacl<s l:ecause there are many people
out there coming from different towns encouraging Cleyo and I to
keep up the gooa job of remodeling the old schoolhouse and continue
the activities that are ongoinq! They especially apprecj.ate the fact
that their whol-e family can come in and enjoy the activities and be
able to afford them. These people come all the ruay from El Jebel,
Carbondale, Basalt, Glenwood Spriflgsr New Castle,Silt, Rifte and even
Parachute! They inspire me to keep going on. We are selling our
three (3) acres on EasL Elk Creek so we can afford to mal<e our pay-
ments on the building. I gave twenty-five years of my life in ed-
ucation as a teacher. A11 I want now is to have enough money to re-
model and refurbish the old school-house. There are just' too many
people with fond memories of the old school. I would like to dedicate
Lf,ii building to them. T hope this old building ruil1 still be here
for the next one hundred Years !
Thanks for
us!
your timer co11sideration and your understanding. Please help
S erely ou
I o
. Rosie B. Ferrin Dated
Andnew lVlo G,qo roo
06- 1 0-92
To whom it may concern,
This
lrork
1 etter
done on
is at the reguest of Cleyo and Rose Ferrin regarding
the New Harris Ditch off Co. Rd. 247 in New Castle.
Cleyo, Gordon and I along with tr^ro other f iref ighters spent over
seven hours working at the start of the dit,ch. We cleaned, dug,
and burned it out. This r+as our way of helping Cleyo with his part
of dit,ch maintenance and also gave four firefighters training time.
Gordon and Cleyo have spent many evenings and several Saturdays and/or
Sundays working on the ditch. Since the water has started, Gordon
now does the irrigating for Cleyor ds part of our contract r+ith the
Ferrin's.
If you have any other questionsr please feel free to contact us.
Sin Yrr
r d onR Lzke
Ju ie V. Struth ers-e
P. O.
New
Box 457
Castle CO 81 647
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