Loading...
HomeMy WebLinkAbout1.0 Application• • IS Aw r 2 AAL4c .-)G- z r -,E is1a • • BEFORE 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 (1/L/01,,.1%r,0 41/42.2L25.- /,) SUS respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of i.70,2°1 acre tract of land into c- tracts of approximately ?,741±th acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: T/! �S, 79 ! c /26,,0u'S, Etc �rPT)oJ LS • ice 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 F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. 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 $100.00 fee must be submitted with thealicatio j /0-7o CO',^,T,► go, /0:3 Mailing Adress C2136i"42/44-6- C O S/62-3 City State Telephone Number e • • • ITEM H: EXEMPTION NARRATIVE The 8.74 acre parcel being proposed for exemption is separated from our ranch by County Road 103. It is a small parcel of pinyon/juniper and sage brush that is riot needed as a part of our ranching activities which include grazing, horse boarding, haying and fisheries and wildlife management. • • • ITEM I The previous owner, Lake Ranch Inc. purchased the Ranch on April 7, 1960 from Mr. Robert Long. No new parcels have been created since that time. It appears the parcel has been intact since the late 1800's. • • • • ITEM G. CONNECTION TO COMMLUNITY WATER AND SEWER No connection to a community or municipal water or sewer system is proposed. We plan to use a well and septic system. • • • • • • • February 28, 1989 Mr. Glenn Graham Office of the State Engineer Division of Water Resources 1313 Sherman St. Room 818 Denver, Co. 80203 Dear Mr. Graham: I have made the corrections you recommended on my application and have attached a revised copy without the corrections. They are identical in content. In block No. 3, I am not applying for expanded use of an existing well. I was ,lust referring to the recent legislation that allows for the watering of well user's domestic animals. As for the plat, we are applying for a County exemption. Garfield County notified us that we would reed to have proof of water rights prior to their approval of our exemption. I have called the County planner to discuss this with him, however he will not be in until next week. I will discuss this with him to determine if the county will approve the exemption prior to issuance of a permit. If ;you have any questions please call me at 963-1495. Thank you for your help. Sincerely, William N. Johnson • • • ITEM F. PROOF OF LEGAL SOURCE OF DOMESTIC WATER ON February 27, 1989 we received a letter from the Division of Water Resources indicating that they would not issue a well permit without approval of the exemption by the County. I have attached a copy of my response letter to Mr Glenn Graham of their office. We plan to use a septic system and leech field for sewage disposal. • 1 106— If the range condition deteriorates, Wyoming big sagebrush, cheatgrass, and annual weeds increase. Management practices suitable for use on this unit are proper grazing use and a planned grazing system. Slope limits access by livestock and results in overgrazing of the less sloping areas. Mechanical treatment is not prctical, because the surface is very stony and the slopes are steep. Selective thinning of the pinyon and juniper improves the quality of the understory for grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to limited production of pinyon pine and Utah juniper. The average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. To insure sustained yields and continued use, the kind of wood production should be considered before using management practices such as thinning and clearing. Special care is needed to minimize erosion when thinning and clearing. Thinning generally promotes the growth of understory grasses and young trees. Only less sloping areas of this unit are suited to homesite development. If this unit is used for homesite development, the main limitations are slope and stones in the soil. Erosion is a hazard in the steeper areas. Only the part of the site that is used for construction should be disturbed. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. Removal of gravel and cobbles in disturbed areas is needed for best results when landscaping, particularly in areas used for lawns. Areas in this unit adjacent to hillsides are occasionally affected by runoff, which may also be accompanied by movement of rock debris. Population growth has resulted in increased construction of homes on this unit. This map unit is in capability subclass VIIe, nonirrigated. The Tridell soil is in Pinyon—Juniper Woodland site and the Brownsto soil is in Stony Foothills range site. 1 • • • /06 -- • 1 Permeability of the Tridell soil is moderately rapid. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse textured calcareous sandstone and basalt. Typically, the upper part of the surface layer is light brownish gray moderately stony sandy loam 11 inches thick. The upper 19 inches of the underlying material 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. Permeability of the Brownsto soil is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. moderately rapid, and the hazard of water erosion is very high. This unit is used mainly for livestock grazing andrwildlife Runoff is habitat. It is also used for firewood, posts, Christmas trees, and limited homesite development. The potential plant community on the Tridell soil is mainly pinyon pine and Utah juniper, with an understory of bluebunch wheatgrass, Indian ricegrass, Wyoming big sagebrush, and muttongrass. The potential plant community on the Brownsto soil is mainly Wyoming big sagebrush, needleandthread, Indian ricegrass, western wheatgrass, and scattered pinyon pine and Utah juniper. Other vegetation commonly present in the potential plant community on these soils includes bottlebrush squirreltail, antelope bitterbrush, and true mountainmahogany. The average annual production of native understory vegetation on the Tridell soil is about 300 pounds of air-dry vegetation per acre. The average annual production of air-dry vegetation on the Brownsto soil is about 600 pounds per acre. 2yy zor- 6/85 106--Tridell-Brownsto moderately stony sandy loams, 12 to 50 percent slopes. This map unit is on terrace and mountainside slopes. Elevation is 6,400 to 7,700 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 105 days. The native vegetation is mainly small conifer trees, woody shrubs, grasses, and forbs. This unit is 45 percent Tridell and 35 percent Brownsto. The surface is scattered with 5 to 10 percent stones. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are small areas of Forelle and Evanston soils in less sloping areas of clearings. Also included are small areas of basaltic Rock outcrop and soils that are similar to this Tridell soil but have less gravel and stony. Included areas make up about 20 percent of the total acreage. it The Tridell soil is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from sandstone and basalt. Typically, the upper part of the surface layer is grayish brown moderate stony sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loam 7 inches thick. The upper 5 inches of the underlying material is very cobbly fine sandy loam. The next layer is cobbly sandy loam 11 inches thick. The next 12 inches is very stony fine sandy loam. The lower part to a depth of 60 inches is very stony loamy sand. Hard basalt is common below 60 inches. 'The soil is calcareous throughout the profile. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. 1 • • 34-- The 6-- The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big sagebrush, and Douglas rabbitbrush. Other less numerous plants that characterize this site are muttongrass, Letterman needlegrass, common snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass, Douglas rabbitbrush and annual weeds increase. If this unit is used for homesite development, the main limitation is slope. This map unit is in capability subclass VIe, irrigated, and VIe, nonirrigated. It is in the Deep Loam range site. • /57 1 • • yN -- • The Morval soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Typically, the surface layer is brown loam 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 of the Morval soil is moderate. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. This unit is used for hayland, cropland, range, and urban development. The unit is moderately suited to hay and cropland. The main limitations are stones on the surface, steep slopes, and slow permeability. Grasses and legumes grow well if adequate fertilizer is used. Limiting tillage for seedbed preparation and weed control reduces runoff erosion. If properly managed, this unit can produce 3 tons of irrigated grass hay or 60 bushels of barley per acre. 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, muttongrass, prairie junegrass, and big sagebrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. • 267 1 • fl �1�`� 4/86 95--Showalter-Nbrval complex, 15 to 25 percent slopes. This map unit is on alluvial fans, high terraces, and valley sides. 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 45 percent Showalter very stony loam and 35 percent Norval loam. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. The Showalter soils occupy convex parts of the landscape, and Norval soils are in more concave positons. Included in this unit are small areas of soils similar to this Norval soil which have 30 to 50 percent cobble in the substratum. Included areas make up about 20 percent of the total acreage. The Showalter soil is deep and well drained. Ipercent gravel. The surface layer is brown very stony loam 8 inches thick. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches of the subsoil is very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability of the Showalter soil is slow. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The Norval soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Typically, the surface layer is brown loam 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. 1 PRINTED ON NO. 1000H•8 CLEARPRINT FADE-OUT k <o • • • • ITEM E: SOIL SURVEY AND DESCRIPTION OF SOIL TYPES The following soils information has been provided by Dennis Davidson from the Glenwood Springs office of the U.S.D.A. Soil Conservation Service. There are two soil types found on the parcel. Showalter-Morval Complex, Mapping unit No. 95/X14E. • Tridell-Brownsto moderately stony sandy loam, Mapping Unit 106/20F. • • • • • • ITEM D: ADJACENT LAND OWNWERS The fol l owi nci is a 1 i st of the land owners adjacent to Parcel proposed for exemption: 1. Warren S and Sada Beth Jenkin=_. P.U. Box 104 Carbondale, Co. 81623 2393-242-00-135 2. Stephen H. Callicotte 2369 County Road 103 Carbondale, Co. 81623 2393-242-00-1137 3. Willard K. and L rciinia Cordill 1701 County Road 103 Carbondale, Co. 81623 2393-243-00-195 Recorded at Reception No. ' lock M , corder. QUIT CLAIM DEED Lake Ranch, Inc., a Colorado corporation whose address is 627 West Smuggler Aspen, CO 81611 emmtyrof , for the consideration of , a'rrd $t ate -of - ONE - Dollars, in hand paid, hereby sell(s) and quit claim(s) to William N. Johnson and Marilee R. Johnson, in Joint Tenancy whose address is 816 West Hallam Aspen, CO 81611 � ra�itare4' Sete , the following real P: : 7'15 P-sE 299 GARFIELD JUL 0 1 1987 State Doc. Fee property, in the County of Garfield , and State of Colorado, to wit: A parcel of land in the Northwest Corner of E' SWi of Section 24,Township 7 South, Range 88 West of the 6th P.M., as conveyed to Garfield County School District No. 26, by Deed recorded July 1, 1899 in Book 45 at Page 66 as Reception No. 21858. A strip of land 32 feet in width, in the SE4 of Section 24, Township 7 South, Range 88 West of the 6th P.M., beginning at the NW corner of Lot 4 in Section 19, Township 7 South, Range 87 West of the 6th P.M., and running in a northwesterly direction to and including Mud Springs, as conveyed by Deed recorded May 25, 1917 in Book 100 at Page 576 as Reception No. 57326. .akie-imiewmiii*.etreet-mmwmm6m� with all its appurtenances Signed this /' day of July ,19 87 . Lake Ranch, Inc. T t s STATE Or COLORADO, Countyof Pitkin e foregoing to �rument a as c nowledged before me this //'S day of July, by 4c.) I)• ' as l ' . A f y commission expires 9_/l_ ake Rar h/, ] nc . ITNESS my hand and official seal. E �-r/ V _-,7,3e�' Notary Public 19 "�� t 83. 2-85. QUIT CLAIM DEED (Short form) Bradford Publishing. 5825 W 6th Ave„ Lakewood, CO 50214 — (303) 233.6900 12.85 (1,_; • • • B22 715 PM E29S EXHIBIT A TO QUIT CLAIM DEED FROM LAKE RANCH, INC. TO WILLIAM N. JOHNSON AND MARILEE R. JOHNSON, IN JOINT TENANCY - PARCEL A TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SECTION 24: NE*SWi, N1/2NIsS3ISEh TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. SECTION 19: All that portion of LOTS 3 and 4 described as follows: Beginning at the West Quarter Corner of said Section 19; thence Southerly along the Westerly line of said Section 19 a distance of 1650 feet; thence Easterly on a line parallel with the Northerly line of said Lot 3, a distance of 495 feet; thence Northerly and parallel to the Westerly line of said Lots 3 and 4, a distance of 1650 feet to the Northerly line of said Lot 3; and thence Westerly, along the Northerly line of said Lot 3 a distance of 495 feet to the Point of Beginning. PARCEL B TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SECTION 24: NIIN1SE3%SW'� Recorded at "5.52 ro' lock Reception No. t 3y QUIT CLAIM DEED Lake Ranch, Inc., a Colorado corporation whose address is 627 West Smuggler Aspen, CO 81611 -8eunty bf - , for the consideration of - ONE - Dollars, in hand paid, hereby sell(s) and quit claim(s) to William N. Johnson in Joint Tenancy whose address is 816 West Hallam Aspen, CO 81611 -GOWN ty-af- property, in the ,and Mate -of - corder. r'r 7'15 p^r.E29 i GARFIELD JUL 01 1987 State Doc. Fee and Marilee R. Johnson, Tawl-State- ef-- , the following real County of Garfield , and State of Colorado, to wit: All well rights, water rights and ditch rights appurtenant to the real property described as Parcel A and Parcel B in Exhibit A attached hereto, including specifically, but not by way of limitation, the Harding Spring and Waste Water Ditch, Priority No. 212, for 1.0 c.f.s. and the First Enlargement thereof, Priority No. 449, for 2.0 c.f.s. - +Ase k►ew .asstree�_ with all its appurtenances Signed this / day of July ,1987, STATE OF COLORADO, ss. County of Pitkin The foregoing Inst ument was acknowledged before me this % 8 by{/� `yl ZGe� day of July, as Z My commission expires 9_-//-' 7 p Lake Ranch, nc.1 1 - ,• l - WITNESS my hand and official seal. L_ ' . JI ,, W 3• Rev. 2-85. QUIT CLAIM DEED (Short forth) Bradford Publishing, 5825 W. 6th Arc Lakewood. CO 80214 — (3031 233-6500 Notary Public 12-85 (r7) Reception No. 383 • • e .15 Pe,_E29t r1 corded at 3: 36 o cock BARGAIN AND SALE DEED Lake Ranch, Inc., a Colorado corporation whose address is 627 West Smuggler, Aspen, CO 81611, for the consideration of TEN Dollars, and other consideration, in hand paid, hereby sell(s) and conveys to William N. Johnson and Marilee R. Johnson, Tenancy, whose legal address is 816 West Hallam, Aspen, CO 81611, the following real property in the County of Garfield, and Colorado, to wit: GARrIELD b,JUL 01 1987 tate Doc. Fee The N1/2 of the N1/2 of the SE1/4 of the SW1/4, Section 24, Township 7 South, Range 88 West of the 6th P.M. with all its appurtenances. Signed this /37 day of July, 1987. STATE OF COLORADO COUNTY OF PITKIN SS. valuable in Joint State of Lake Ranch, Inc. By a; -i/ Its /l"�it-7!e_-,,_ /1.ij The foregoing instrument was acknowledged before me in the County of Pitkin, State of Colorado, this day of July, 1987, by C) • as Lake Ranch, Inc. WITNESS my hand and official seal. My commission expires: Notary Public Address e Y, \ r r • EXHIBIT B TO WARRANTY DEED FROM LAKE RANCH, INC. TO WILLIAM N. JOHNSON AND MARILEE R. JOHNSON, IN JOINT TENANCY • B?T 715 P!cE295 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded, March 6, 1943 in Book 73 at Page 217 as Reception No. 148705. (N35SE3, E1/2SH3 Section 24) 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded as follows: RECORDED • March 6, 1943 April 14, 1917 July 1, 1919 November 1, 1919 BOOK/PAGE 73/217 92/365 112/331 112/511 RECEPTION NO. AFFECTS 148705 NhSE4,EhSypt SEC. 24 56996 SNASE4 SEC. 24 66907 SE3SE3 SEC. 24 LOT 4 SEC. 19 68152 LOT 3 SEC. 19 Road Viewers Report, as recorded in the County Records, December 28, 1888 in Book 1 at Page 103 as Reception No. 8169. 3. Easement and right of way for Road, Ditches, Creeks, Powerlines as set forth on Improvement Location Certificate by Scarrow and Walker Dated June 18, 1987. • 8.' 715 P.:E294 • PARCEL A EXHIBIT A TO WARRANTY DEED FROM LAKE RANCH, INC. TO WILLIAM N. JOHNSON AND MARILEE R. JOHNSON, IN JOINT TENANCY TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SECTION 24: NE3%SW3, N3SE4, N1/2N31S3ISE3 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. SECTION 19: All that portion of LOTS 3 and 4 described as follows: • • Beginning at the West Quarter Corner of said Section 19; thence Southerly along the Westerly line of said Section 19 a distance of 1650 feet; thence Easterly on a line parallel with the Northerly line of said Lot 3, a distance of 495 feet; thence Northerly and parallel to the Westerly line of said Lots 3 and 4, a distance of 1650 feet to the Northerly line of said Lot 3; and thence Westerly, along the Northerly line of said Lot 3 a distance of 495 feet to the Point of Beginning. EXCEPTING from the above, a Parcel of land in the Northwest Corner of the WW1* of Section 24, as conveyed to Garfield County School District No. 26, by Deed recorded July 1, 1899 in Book 45 at Page 66 as Reception No. 21858. ALSO EXCEPTING a strip of land 32 feet in width, beginning at the NW corner of Lot 4 in Section 19, and running in a norhtwesterly direction to and including Mud Springs, as conveyed by Deed recorded May 25, 1917 in Book 100 at Page 576 as Reception No. 57326. l ion No. 383350 Recorded at %.5 a g o'clock Recorder. i WARRANTY DEED Lake Ranch, Inc., Grunion, s a Colorado corporation whose address is 627 West Smuggler Aspen, CO 81611 €ewny-of--Statref and o eiforr taieu antleeration of — TE — dollars/, in hand pcianereby sell(s) B7.1. 715 nsE293 GARFIELD $ and conveys) to William N. Johnson and Marilee R. Johnson, in Joint Tenancy whose legal address is 816 West Hallam Aspen, CO 81611 -C-oant, of r411d Stale of the following real property in the Coen y of Garfield , and State of Colorado, to wit: Parcel A, as described in Exhibit A attached hereto also known by street and number as 1698 Road 103, Carbondale, Colorado with all its appurtenances, and warrant(s) the title to the same, subject to general real, estate taxes for 1987, and those reservations, exceptions, easerents and restrictions set forth in Exhibit B attached hereto. Signed this / day of July .19 87 . STATE OF COLORADO, County of Pitkin By (4-Z44 Its regoing instrument was acknowledged before me in the County o Pitkin f Cpjorado, this / 5 T day of July , 19 87 , by 0, �J f/ of Lake Ranch, Inc. mmission expires 9_ q.. 7 . Witness my hand and official seal. , C)ai'e“4iL) '„) I 1 nver, insert "City and." Notary Public Address 1 v. 5-84. WARRANTY DEED (Short Form) Bradford Publishing. WS W. 6th Ave . Lakewood. CO 502(4 — (303) 233-69(X) Recorded at ' S o'clock_p M Reception No 583.1 THIS DEED, Made this day of 1988 ,between Roaring Fork School District RE -1, as successor in interest to The Directors of School Distri No. 26 of Garfield County, Colorado of the Colorado, of the first part, and William N. Johnson and Marilee R. Johnson County of Garfield, State of whose legal address is 816 West of the Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations EM to the said party of the first part in hand paid by the said parties of the second part, ttheerreccepSt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part y of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Garfield Hallam, Aspen, Colorado 81611 County ofpitkiand State of Recorder's Stamp 1b' K ('tom P.3E144 State Doc. Fee and State of Colorado, to wit: All that certain parcel of land situated in the Northwest Corner of the E1/2SW1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. which was heretofore conveyed to party of the first part by that certain Quitclaim Deed dated May 4, 1899 and recorded July 1, 1899 in Book 45 at nage 66 (Reception No. 21858) of the Garfield County real property records. ximilmemancaireielaixedmitibmix TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part y of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first aboveritt n. Roaring Fork School District RE -1, as succespso1 Du in ereat to The Directors Signed, Sealed�and Delivered in the presence of l o coo str to. 6 0 [SEAL] I Garfid�Coun , Corrado 'STITL;OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 24th day of August 19 88,by Ray Ostrom as School Board President of Roaring Fork School District RE -1, as successor in interest to The Directors of School District No. My cgm.missiop expires 26 of Garfield County, Colorado F;i ) m ITNES w � �ihand and official seal. ^ By: Its: ►fes [SEAL] [SEAL] 111"i I :r, • • ,'. o. 962. QUIT CLAIM DEED.—To Joint Tenants.—BradfordPublishing Co.,1846Stout Street, Denver, Colorado (678-6011)-1.78 Berni DeWolfe ,D,(1t1 G My Commission Expires Dec. 9. 1999 Notary Public. 14) • • • PETITION FOR EXEMPTION SUBMITTED BY WILLIAM N. AND MARILEE P. JOHNSON • 1 • March 15, 1989 Mr. Mark Bean Garfield County Planner Garfield County 109 8th St. Glenwood Springs, Co. 81601 Dear Mark: Enclosed is the application for• Exemption to split a parcel 8.74 acres from the Crystal Springs Lake Ranch. It is separated from the ranch by County Road 103. I have also enclosed the $100.00 application fee. If you have any questions please call me at 963-1495. Sincerely, William N. Johnson • ge 216 Recorded at 9 :3° _..o'clock- A M June 2 19 • • Reception No.20.964'....._ ' _ �r.has.....S...... Kee.gaIL —Reco. THIS DEED, Made this 7th day of A pril in the year of our Lord one thousand nine hundred and between ROBERT W. LONG Sixty of the County of Garfield and State of Colorado, of the first part, and LAKE RANCH, INC. , a Colorado Corporation, of the County of Pitkin and State of Colorado, of the second part: DIWI MENT,IRY nano) STATES INTERNAL DETENTE • Y11'E• MILLANM 6. ;. '1',c.. UNITED STX.ES ' I TEa AL RETEST/ I V IN;la L.11N 101 DOCUMENTARY DIRT MhriT.txl' l 1NITEDUSTATINT NTERNAL RE{MSIT WITNESSETH, That the said part y of the first part, fol " and in consideration of the sum of Ten Dollars and other good and valuable consideration, IICrumigrw to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these ERpagcs114S grant, bargain, sell, convey and confirm, unto the said part y of the second part, its kattx and assigns forever, all the following described lot s or parcel s of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The NE4SW4-, N2SE4, NZN S-1SE4 of Section 24, Tp. 7 S. , R. 88 West of the 6th P.M. Also that portion of Lots 3 and 4 of Section 19, Tp. 7 S. , R. 87 West of the 6th P. M. described as: Beginning at the West Quarter Corner of said Section 19, thence southerly along the westerly line of said Section 19 a distance of 1650 eet, thence easterly on a line parallel with the northerly line of said Lot 3, a dis- nce of 495 feet, thence northerly and parallel to the westerly line of said Lots 3 r nd 4 a distance of 1650 feet to the northerly line of said Lot 3 and thence westerly long the northerly line of said Lot 3 a distance of 495 feet to the point of beginning. Together with all ditch and water rights appurtenant to said lands and used in onnection therewith, and particularly, but not limited to all of the Grantor's in- erest in the Harding Spring and Waste Water Ditch and ?he water adjudicated there- °' EXCEPTING AND RESERVING An easement or right of way 32 feet wide from nd including Mud Springs in the E 2SE4 of said Section 24 extending in a southeas- erly direction to the land in said Section 19 adjoining the property herein convey- ed on the South and East. Also EXCEPT tract to School Dist. 26 by Doc. 21858. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in anywise hppertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right,title, interest, claim and .demand whatsoever of the said part y of the first part, either in law !or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Said part;; y of the second part, its /5M2 2srstins forever. And the said part y of the first part, for himself his heirs, executors, and administrators, do es covenant, grant, bargain, and agree to and with the said part y of the second part, its/ 1 iEns, that at the time of the enseal- ing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absoluteand indefeasible estate of inheritance, in law, in fee simple, and ha 5 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 all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soevez; except taxes for the year 1960 due and payable in 1961, all of which the grantee herein assumes and agrees to pay, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,its successors meg and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha % hereunto set his hand and seal the day and year first above written. COLORADO STATE OF MS8.SMIL ') '- County 0f Garfield }ss. .The foregoing. nstrument was acknowledged before me this 30th A. D.-196 by XtOBERT W. LONG. Myconimfssion:explres March 19 (SEAL) • (SEAL) (SEAL) day of April , 19 64 . Witness my hand and official seal. Notary Public. No. 932. WARRANTY DEED.—For Photographic Record. —Bradford -Robinson Pte. Co., Mfrs. Robinson'. Legal Blanks, 182448 Stout St.. Deaver, Colo • • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADOWOOD DR. CARBONDALE COLORADO 81623 303-963-2491 APRIL 9, 1989 MR . GLEN HARTMAN GARFIELD COUNTY PLANNER 109 8TH ST. GLENWOOD SPRINGS, COLORADO 81601 DEAR GLEN.. I HAVE REVIEWED THE PROPOSED SUB -DIVISION EXEMPTION SUBMITTED BY BILL JOHNSON FOR HIS PROPERTY ON COUNTY ROAD 103 IN MISSOURI HEIGHTS. I WOULD LIKE TO OFFER THE FOLLOWING COMMENTS REGARDING THE SUB -DIVISION EXEMPTION, AS BILL AND I HAVE PREVIOUSLY DISCUSSED. ACCESS TO BOTH PARTS OF THE SUB -DIVISION WILL BE ACCESSIBLE TO FIRE TRUCKS FROM THE CARBONDALE FIRE DEPT. IF ANY CULVERTS ARE PLANNED THEY SHOULD BE CAPABLE OF SUPPORTING A 56,000 LB. FIRE TRUCK. RESPONSE TIME TO THE SUB -DIVISION 15 APPROXIMA TEL Y 15 TO 20 MINUTES ON GOOD ROADS. RESPONSE WILL BE FROM THE CARBONDALE FIRE STATION LOCATED SOUTH OF CARBONDALE ON HIGHWAY 133. WATER SUPPLY FOR FIRE PROTECTION OF THE PROPOSED AND EXISTING STRUCTURES (SINGLE FAMILY HOUSES) WILL BE PROVIDED WITH THE WATER CARRIED ON THE FIRE TRUCKS (5,500 GALLONS). ADDITIONAL WATER SUPPLIES ARE AVAILABLE AT VARIOUS LOCATIONS ON MISSOURI HEIGHTS. IF YOU HAVE ANY QUESTIONS FEEL FREE TO CONTACT ME AT 963-2491. SINCERL Y RON LEACH CARBONDALE FIRE PROTECTION DISTRICT CHIEF N?R 1989 I�� GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATION AND PLANNING March 22, 1989 Colorado Division of hater Resources 1313 Sherman St. Room 818 Denver, CO 80203 Attention: Jim MacDanold Dear Jim: Enclosed for your review and comment is a copy of the Johnson application for an Exemption from the Definition of Subdivision. The application is scheduled for a public meeting before the Board of County Commissioners on April 17, 1989. It is requested that we receive your comments prior to the public meeting. If you need anv urther information, please contact our office. Your cooperation in this matter is appreciated. Sincerely, Glenn Hartmann Planner GH/emh encl. 109 8TH STREET, SUITE 303 945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601 VVJR-26-77 THIS FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK INK. • • COLORADO DIVISION OF WATER RESOURCES 1313 Sherman Street - Room 818 Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER 150013 viIllan A ''riles Johnsen WELL OWNER 1\13 1/4, of theSE % of Sec. 24 Box7916 &span Co. 81612 ADDRESS T. DATE COMPLETED April 14, 1988 WELL LOG From To Type and Color of Material 7s e3W R. 6 19 __ HOLE DIAMETER in from to ft Water in from to ft Loc. Use a TOTAL DEPTH dditional pages necessary to complete log. PM in from to ft DRILLING METHOD CASING RECORD: Plain Casing Size & kind Size & kind Size & kind Size & kind Size & kind Size & kind from from from Perforated Casing from from from to to to to to to ft ft ft ft ft ft GROUTING RECORD Material Intervals Placement Method GRAVEL PACK: Size Interval TEST DATA Date Tested , 19 Static Water Level Prior to Test ft Type of Test Pump Length of Test Sustained Yield (Metered) Final Pumping Water Level • PUMP INSTALLATION RET Pomp Make 13? Gould! Type Submersible Powered by Electric Pump Serial No. 13 PN 10412 Motor Serial No. 5)i HP 1 Date I nstal lea April 14, I Pump Intake Depth 45211' Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested April 14, 198 28.30 Static Water Level Prior to Test 2 Length of Test Mrs, Hours Sustained yield (Metered) 20 GPM Pumping Water Level Remarks 62' TOTAL DEPTH DEPTH TO INTAKE W 3 J WATER v > TABLE jW Q 0 CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that the same is trjW f his own knowledge. Signature State of Colorado, County of Garfield Subsc: ibed aridvirdrn, to betore My Comiiiissiall ei(,7ire Notary Pubic me this (9O day of cr LINDA J SCHUEMAKER Cor,imi en E1gres Mar. 20,1980 Gnd Av nue Cci v. od_pri cgs, Co. 81601 License No SS , 19 dX 1050 FORM TO BE MADE Qi r IN &U./ADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be`'filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller. WRJ-S,.Rev. 7& / CO.O RADO DIVISION OF WATE 818 Centennial Bldg., 1313 Sherman St., Derder' , Co ora EC Application muRECEIiOED be complete wHe applicable. Type or print in BL_,Ag_t 10V 1 2 1987 INK. No overstrikes otg3 sum lusipms PERMIT APPLICATION FAMII'Mnal 1 X) A PERMIT TO USE GROUND WATER ( X) A PERMIT TO CONSTRUCT A WELL FOR: ( X) A PERMIT TO INSTALL A PU or erasures unless/ATER RESOURCES ( ) REPLACEMENT FOR NO. initialed. swig�I ( ) OTHER ii -1 :J W WATER COURT CASE NO TTL (1) APPLICANT - mailing address P0011 40.00 u NAME William N. and Marilee Johnson STREET P.O, Box 7916 CITY Aspen Co, (State) TELEPHONE NO 303-920-2365 81612 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield NW %4 of the SE % Section 24 Twp. 7 S Rng. 88 W 6th P.M. IN,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): 15 1 Number of acres to be irrigated: 1/4 Proposed total depth (feet): 150 Aquifer ground water is to be obtained from: C/RYsTAL Spring Creek Owner's well designation Johnson Well No, 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0). (X ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Licensed driller state of Co. Street City (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE 1• 1'T .It COLIC i ; CHG 0,0n r_01 g3 / ITMI 1 • CL -1 EIRZ (Y.'i Basin Dist. Receipt No CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of 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. 1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(II) AS THE ONLY WELL ON A TRACT OF LAND OF 40 ACRES DESCRIBED AS NW 1/4 OF THE SE 1/4 OF SECTION 24), T7S, R88W OF THE 6TH P.M., GARFIELD COUNTY. 2TEUSE LIMITEDTO ORDINARY WATER OWELL HOUSEHOLDPURPOSESINSIDE ONE SINGLE FAMILY THE WATERING OF POULTRY, DOMESTIC ANIMALS, AND LIVESTOCK ON FARMS AND RANCHES AND THE IRRIGA— TION OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS. 3) THE RETURN FLOW FROM THE USE OF THE WELL MUST BE THROUGH AN INDIVIDUAL WASTEWATER DISPOSAL SYSTEM ETRNEOPTHETTWHEHEWAIRUEDTTHESAM STREAM SYSTEM IN WHICH THE WELL IS LOCATED. iUI/-3o 81!7 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 150089 Nov .3.0 1967 EXPIRATION DATE NOV 3 0 1989 BY ID (STATE 3 8 COUNTY �� 1 locrum-rxy INITE—DIFAF-IICE MEMO DATE: April 17th, 1989 TO: Glenn Hartmann FROM: King Lloyd RE: Bill Johnson Drive Way Permit on Co Rd 103 According to my area supervisor, Grant Poplin, there is in fact an existing drive way at that location 1870 County Road 103. However, it is the opinion of Mr. Poplin that the drive way in question is in need of a culvert, and he has advised Mr. Johnson to install same. Thanks, KL L -61) Pr775-177570 11 8P� 1u1��Og�'' - '^"�c- GARHEUD[/}Um.' EXHIBIT "A" 1110 LEGAL DESCRIPTIONS LAT 1 A parcel of land being the N34SE34, NVINS34SE4, NVOISEhSW% and a portion of the NEkSW4 of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian and the westerly 495.00 feet of Lot 3 and a portion of the westerly 495.00 of Lot 4, Section 19, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: (All bearings contained herein are based on a bearing of N.01°47'00"E. between the Southeast corner of said Section 24, a County Surveyor Brass Cap in place and the East Quarter corner of said Section 24, a stone in place.) Commencing at the East Quarter corner of said Section 24, a County Surveyor Brass Cap in place, the True Point of Beginning; thence N.89°54'34"E. along the northerly line of said Lot 3, 495.00 feet; thence leaving said northerly line S.01°47'00"W. 1650.00 feet; thence 5.89°54'34"W. 495.00 feet to a point on the easterly line of said Section 24; thence S.01°47'00"W. 39.13 feet to the Southeast corner of the WiN3i$3$E% of said Section 24; thence N.89°03'40"W. along the southerly line of said N3¢NN.S3iSE4, 2620.65 feet to the Southwest corner of said MiN3fS34SE4; thence N.89°39'28"W. along the southerly line of said N3¢43fSE34S464, 1344.98 feet to the Southwest corner of said N;4N3 SE34SW'3; thence N.01°09'33"W. along the westerly line of said N3SE3SW4 330.67'to the Southwest corner of said NE4SW4; thence N.01°09'33"W. along the westerly line of said NE3ZSW% 298.97' to a point on the southeasterly right -of -Fray of a county road as constructed and in place, said right-of-way being 30.00 feet southeasterly of existing centerline; thence along said southeasterly right-of- way the following eight (8) courses: 1.) along the arc of a curve to the left, having a central angle of 35°31'58", a radius of 237.76 feet, an arc length of 147.45 feet ( chord bears N.53°51'43"E. 145.10 feet); 2.) N.36°05'43"E 227.28 feet; 3.) N.38°02'21"E 187.14 feet; 4.) N.39°19'03"E 249.03 feet; 5.) N.35°16'19"E 146.47 feet; 6.) N.33°09'25"E 172.63 feet; 7.) N.35°13'37"E 95.61 feet; 8.) N.47°17'17"E 101.30 feet to a point on the east -west centerline of said Section 24; thence leaving said right-of-way 5.89°46'42"E. along said east -west centerline 542.63 feet to the center of said Section 24; thence continuing along said centerline, 5.89°46'42"E. 2655.19 feet to the True Point of Beginning; said parcel containing 161.55 acres, more or less. LOT 2 A parcel of land situated in the NE SW3;, of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: (All bearings contained herein are based on a bearing of N.01°47'00"E. between the Southeast corner of said Section 24, a County Surveyor Brass Cap in place and the Fast Quarter corner of said Section 24, a stone in place.) Commencing at the Fast Quarter corner of said Section 24, a County Surveyor Brass Cap in place; thence N.89°46'42"W. along the east -west centerline of said Section 24 3285.90 feet to a point on the northwesterly right-of-way of a county road as constructed and in place, the True Point of Beginning, said right-of-way being 30.00 feet northwesterly of existing centerline; thence leaving said east -west centerline and continuing along said northwesterly right- of-way the following eight (8) courses; 1.) S.47°17'17"W. 43.15 feet 2.) S.35°13'37"W. 103.03 feet 3.) S.33°09'25"W. 172.61 feet 4.) S.35°16'19"W. 143.24 feet 5.) S.39°19'03"W. 247.58 feet 6.) S.38°02'21"W. 188.83 feet 7.) S.36°05'43"W. 228.30 feet 8.) along the arc of a curve to the right, having a central angle of 29°25'46", a radius of 177.76 feet, an arc length of 91.30 feet ( chord bears 5.50°48'37"W. 90.30 feet) to a point on the westerly line of the NE3fS4"4 of said Section 24; thence N.01°09'33"W. along said westerly line 959.84 feet to the northwest corner of said NE%S (being a point on the east -west centerline of Section 24); thence S.89°46'42"E. along said centerline 765.40 feet to the True Point of Beginning; said parcel containing 8.75 acres, more or less.