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HomeMy WebLinkAbout1.0 Application09:59 GARFIELD CO.Y BEFORE THE BOARD OF COUNTY COMMISSIONERS OP GARFIELD COUNTY, COLORADO Eb N n EXEM121'1OhI Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, Subdivision Rao espectfully petitions the undersigned Colorado, to exempt by Resolution the Board of County Cpmrnissioners of Garfield County, of approximately the division of l o acre tract of land into 2 tracts pP 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: . { i o,�,g- chi o n he .urpos-. •f S- •, � Regulations can be served by Section 8 of the Regulations. SUBMU AL REQUIREMENTS: must be submitted with all the following An application which satisfies the review criteria 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 ttobe ttedd, access to a public right-of-way, and any proposed easements for 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 at the deed showing ownership by the applicant, or a latter from the property owners) if othertboef D. Names and addresses of owners applicant; and record of land immediately adjoining and within 200 fest of the proposed exemption, mineral owners and lessees Ofmineral structure owners of record of the property to be exempted, and tenants of any proposed for conversion; and E. Evidence of the soil types and characteristics water oreach lot created, type; of � F. Proof of legal and adequate source of domestic method of sewage disposal, and letter of approval of fire protection plan from appropriate lire district; and proposed, C. If connection to a community of municipal water or sewer to0 9QrVe; and pro P a letter from the governing body stating H. Narrative explaining why exemption is being requested; and 1973 I. It shall be demonstrated that the parcel existed as described on January 1, 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. 3. A $300.00 fee must be submitted with the application. Petitioner C%v Mailing Address 3 Lo City 6 Stam Telephone .• umber rZ�Z-IL-1- TOTAL P.02 ), It Bs 0 yi f 21i. i t i� ''..-:'::;1---- ". - 1 1 1 __, �: �-":„.--:11. ---- j ,t��To iBh I @a 1��� f Re• r I 1�6I-"' 27 - 2E ' - Mountain 1. .1. '--1 . �.1 c. (ma c --..'1,,,--;;..77-..}---7--___:-/7 _ 1 • -.;;, c a a) Se' i 07° 15' 38W. ae 1 t\\ q1 /i^ 11 1 c\..,‘ `11 14' I 13 la"; 4I `bii 1— CRS.e � (l0 pltn 781‘ f9. 2)) 1 13. 1l c24Hanplke'I`191 1 _\\ _16j --4A, -1--LLL v'-1 - � -- I 4e 7t..17CMinShosh ;. 1 9073:...1 '•n26G1 1 <,r-, 23 0 \Cl 27 I - I 47 \.oI - ; _--I— o�� I X134 143 . riZzLY 1, G\� , -CR G- •0-1 - . 5 5 ., V- rizzly —P C o • p I .. 17 R.87W. 16 VA 6054 36•' 31 / 'ori r +588.1 Care A 11C7/1 o )der ! llj F �� a .e 3 /2 Tmlk 1/ f- r // 1 �" I 1 I �oqr AP .� k I •� I .. \} i- C J K. �^ .} 7 \\ 8 / y I� 10 9059:... 11 V2 ,'.I 9 J TO def,,(, 11; ,—�^ p`yr\`�l /�/ I j1 ;�,� 1 \l,\ I � rI---1N N. GRAND MESA -A I -) } r'' '111 +-1 —r \_-.-,I Il 1' �l�\�913T^J I I 13 \\ F Cottonwood Pass 16 �i'1i15 I✓-/ 11 l's /// 13 I 18 17 16 1, • 13 82 80) P. opr I (P,-----.. II : Hopkins�l - ( 11 + / { Res /....f---"..-----),,•-_%._ + -7- ''` - �/ 1 Shoshone 1ISidingl •4')'\ 'a 28 I I f 07'30" 107°00' ATTACFWg '° (:Ar:LC 31 MI • R.86W. '- _ ( X140 @ \ /` 15 Allen ; ''1 ' 1 25:2'1 AS Sq 24 ^ - II 22 f i r' \� �` �� ` I8'1. U 30- / 141 13 _ 1Q / / 17 The Eagle N t o.1 1 .fr d sj. (1 1) O� 27 / 1 t 261 q ' //2s P 74 /i 1 1 ;;) Gobbler; -'�Knob ,tp/7 Cg / 8602 I �(8301/4-1,94�I i L 32 // / // 31 Y4 35 .4(� 36. / t ,-,--,..t.., Northwest 1f / 14 Q� I Tank I 1 a / STANDARD '\ % \� 32 33 \ ' '1 FI RST .1-r.^A1-- .17., (cam �T l t 4' 4. A 1 Lust Tan 1 11 22 -/ ' '` /Consolidated , . - � 17/ 1 11 24 ti Res"41 20 I.4 2i 2211 23 `7 I //Buck:.. � / ll Point •'Q y r o / -1- 8610 ~II 25 _: CI 30 l'* 429 ``., 28 J`ttt. 26 r II 1 -Li- II r+ '— A (1 ��\ 1` '� . /r- 36 )�, 1. 3� 32` Cattle 'Creek_ J-•-'.3 Cem=>� cl 1�— _ u F`Sn� I — — 12 Cobrodo MM 11 College 9 10 33 • 1 Vdn Springs \\\ '23Res ?411 // 1— - ___r__. // 2 I --,,r26 !2s '` �- - 35 9 ••I` X36 QI I` . 4. 4 3 i G; —I o' Gattte Ao 011 133• 44 .� 13 ;, • -+ - 24 4. art 1Jeep / 27 \ 26 (14/".= 4- - t+ ( 34 1 i1.r. PARALLE lil• e zt ;tT - 'a le / .•�.f.-' 1'.1 ° 11 •� I leto , (J.' 1--70,r--- `a-4-- �a. 7 16 + t c': 7 201 20 21 I 22 \ Kiggrn \(Siding) Red Hill 15 3)3,I,I \ • 3 u 23 76 31 I' 32 6 -J, - _Catherine 35 I 36 -Mulford) 8 A Dgr 6273 Carl dale• • „Cem 3 .- 1/// — 6%-'-'-- '--R", � \,.9 mil — Fish)\_ • 1 z,,c- ter\`\ He chert' !I 12 \ ) 7 ( 8 VER • •• OPRI$.4 •Y URre 16 1 14 4 F j r KeIu ti 31 f /t . 92 • 1 33 �\ 34 8562 5 7 oke\ 1 0...') a F►yl 70 12 Basalt \. gpan _0 Rad10 Tower 8 28 16 17 15 14r Rodo - 0 Tower Mina (Siding, 13 18 t• 17 • Saco 16 (1103) 1 GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATION AND PLANNING April 6, 1990 Alice Davis Davis Horn, Inc 300 East Hyman, Suite B Aspen, CO 81611 Re: Stanley Glen Property ATTACHMENT C Dear Alice: Please accept my apology for the slow response to your inquiry regarding the status of Mr. Glen's properties. After discussing the documentation with Mr. Don DeFord, he says that the properties may have merged. Both deeds show Stanley Glen as the property owner and a reference to the Stanley and Ethel Glen Aspen Account. There is no way, based on the deeds, to know that the Stanley and Ethel Glen Aspen Account is a trust account for their children. That and the additional fact that only Stanley Glen is noted in the water agreement. Unless some additional information can be provided, Mr. DeFord does not feel he can opine that these are separate tracts of land. Feel free to call or write to me, at your convenience. Mark L. Bean, Director Regulatory Offices and Personnel MLB/emh enc. 109 8TH STREET, SUITE 303 945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601 Glen SB -35 11/18/96 This property is 10.65 acres in size, located in Missouri Heights, approx. 5 miles east of Carbondale and immediately west of the Eagle County line. The tract is near the top of a relatively steep slope; however, slope of the parcel ranges between 5% and 20%. The tract is largely devoid of any improvements. Adjacent land uses are largely residential, as land in the immediate vicinity of the subject tract has either been previously subdivided or under subdivision consideration in both Garfield and Eagle counties. Approved and proposed subdivision lot sizes range from 1 acre to over 10 acres. This proposal is to subdivide, by exemption, the parent tract into two parcels of approximately 5 1/3 acres each. Staff contemplates that, if approved, both parcels would be developed into single family homesites. The applicants obtained the tract in 1965, and it appears the tract has existed in the same configuration since. Based on this analysis, this request complies with Section 8:52 (A) of the subdivision regulations. Incidentally, this request was received prior to the Board amending the subdivision regulations and was filed under the earlier exemption criteria. This property is within the A/R/RD zone district and both lots are in excess of the 2 acre minimum lot size requirement. As mentioned, the tract lies near the top of a steep slope, however, both proposed lots would comply with the slope requirements contained within the zoning resolution. Both lots would be supplied with water from an existing well known as the Mid -Valley Well #2, sometimes known as the Antonides well. This well is adjudicated for 12 residential taps, of which the applicants own a total of 3 taps. Two of these taps would be used for this proposal, one tap per parcel. The mid -valley well is limited to historic use as of October 15, 1977; therefore, any expansion in use does require administration. To this end, the applicants have recently been granted Basalt water conservancy district water allotment contracts, which should enable the Division of water resources to issue the appropriate well permit. Staff recommends that, prior to any approval, the applicants receive the appropriate permit and become party to a well maintenance and use agreement concerning the Mid -Valley Well #2. The method of waste water treatment is proposed to be the use of individual sewage disposal systems. According to the soil conservation service, soils are generally deep and well to excessively well -drained. These soils are considered to have severe constraints to building site development due to slope and the tendency for cutbanks to cave. When used for ISD systems, the soils are also considered to have severe constraints due to slope and the soil being a poor filter. Additionally, the eagle valley formation underlies the subject tract, which is susceptible to dissolution. For these reasons, staff suggests the inclusion of a plat note requiring engineered building foundations, a grading plan and engineered ISD systems. The parcels would derive their access to County Road 102 via Harmony Lane and an intervening strip of land which is the subject of a recorded easement. The board will recall that Harmony lane and its • public or private status has been the subject of significant discussion in terms of who is allowed to use the road and under what terms. As part of the preliminary plan approval for the Levitt subdivision, located west of the subject tract, the applicant entered into a road maintenance agreement for its pro -rata share in the costs of maintaining Harmony Lane. Staff suggests the proposed lots of the Glen exemption be compelled to enter into a similar agreement, to the extent the County has the authority to make this requirement. If the Board determines this recommendation is within its authority. I mentioned earlier a restriction on the easement granting access to the subject tract requires that all utilities within the easement be placed underground. Staff suggests this is an appropriate requirement and recommends a condition that all utilities be placed underground. In terms of fire protection, the Carbondale and rural fire protection district commented that the applicants develop adequate access for fire apparatus. The district also instructs that a total of $470 be paid to the district in impact fees, prior to approval of a final plat. If approved, all required easements must be shown on the exemption plat, the applicant would be required to pay $200 in school impact fees, for the exemption parcel, prior to final approval. Previously, a participant in the s compelled to make certain improvemen as well as su . _ e me usion of plat notes essentia would be via Harmony Lane. ell presented the Board with a uest that the applicant be r supply line, booster pump and pressure tank, int that the only access to the lots I believe this is the third time this petition has been considered by the Board, who has granted two continuances to allow the applicant time to explore both a road use and maintenance agreement and a well use and maintenance agreement. To date, these agreements have not been executed. Staff suggests that the applicant has not demonstrated provision of an adequate water supply, nor adequate access and recommends either the Board deny the application or grant only one additional extension. 17-97 08:32A TO: Eric • • DAVIS HORN INCORPORATED 215 south Monarch Suite 104 Aspen, Colorado 81611 Telephone - 970_925-5180 970-925-6587 Telecopier TELECOPIER COVER SHEET FROM: Glenn Horn FAX #: RE: Mid Mid Valley Well # 2 CO ,munity Water System Agreement DATE: April 17, 1997 TOTAL # OF PAGES (includes cover sheet): 4 MESSAGE: Transmitted with this FAX is the well agregrement we are seeking signatures. As you cansee,the in the Glen to pay for the water systompimp oveeme mee at this are not capable or willing Nelson and 1 worked out the agreement. Now we just everyone to ign. Call me with questions or comments. for calls for event others time, Herb have to get P.01 which • Staff recommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within theapplication plicioondistated ions ofa approval. t hemeeting before the Board of County Commissioners, shall be considered 2. A Final Exemption Plat shall be submitted, indicating toaublicg-of-way legal and any proposed n of the property, dimension and area of the proposed lots, accessp easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 12e exemptiodays to nsThe Bosent a ard may to the from the date of approval of th (1) year from the original date of approval. 4. That the applicant shall submit $200 in School Impact Fees, for parcel, and pay $235 per lot ($470 total), in impact fees, to Commissioners for signature, grant extensions of up to one the creation of the exemption the Carbondale & Rural Fire Protection District, prior to authorization of an exemption plat. 5. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire ons spread Wildfire Safety Guidelines fordRual described in "Determining Safety Zone Dimensions, Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an individual sewage disposal system design, and a grading and drainage plan prepared and certified by a professional engineer. ich hallbe aAeondp rovemenon of the building shall be constructed in accordance with such measures, permit. "The individual lot owners shall be responsible for the control of noxious weeds." 6. That the recording fees for the exemption plat and all associated ion Plat by the Board of County County Clerk and Recorder prior to the signing of an Exemption Commissioners and a copy of the receipt be provided to the Planning Department. 7 That the exemption plat submittal include a copy tem computer disk of the plat data, formatted for use on the County Assessors CAD ys g. That all proposed lots shall comply with the Garfield 1994 Uniform Bug ding Code, as adopted Resolution of 1978, as amended, and any building shall comply with t Additionally, all utilities shall be placed underground. It • • 9. Prior to final approval, the appropriate well permit shall be issued by the Division of Water Resources, which shall be submitted to the Planning Department for review. 10. That the following provisions be included in the protective covenants governing the exemption parcels: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. L9 L -f%)\-1 t�v'' t Z t, i J U- 1 J u- i r- 1 ,., , IwtUlt, ) /tJ ti' (-- 8 :1�2 A A. Uct `� 1, 1.965Recor ed a o'clock. At., • Page 246 Rocop n 2.31901..... Chas S. Keegan Recorder. FILING STAMP THIS DEED, . Made this 5t11 day of October in tho year of our Lord one thousand nino hundred and sixty-five between WI1\.LIAM O. ANTONIDDS of the County of Pitkin and State of Colorado. of the first part, and STANLEY GLEN Stanley and Ethel .Glen Aspen Account of the County of Milwaukee and State of Colorado, of the second part: WITNESSETII, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, Dol. iAn9, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and convoyed, and by those presents does grant, bargain, Boll, convey and confirm, unto the said party of the second pnrt, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SE SE -SW- of Section 28, Township 7 South, Range 87 West of the 6th P. M. rconta.ining 10 acres, more or less; with all its appurtenances and warrants the title to the same, together with: (1) The right of access to and egress from the real property described herein over and along the existing North-South road which is located at approximately the center line of said Section 28; and (2) The right to use, without charge, water from the well on grantor's adjoining real property to the East by tapping into grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shall Oare cost . of operation and maintenance of the well proportionately aceor•ciln r to their rc,sp ctive US7're. TOGETI[Llf with al[ and singuiar the hcreditf,nionts and appurtenances thereto belonging, or in anywise appertaining, 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 party of the first part, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. TO HAVE AND TO IIOLI) the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And tho said party of the first part, for himself, his heirs, executers, and administrators, does covennnt, grant, bargain, and ngrec to and with tho said party of tho second part, his heirs and assigns, that at the dine of tho cnscnling and delivery of these presents, ho is well seized of tho premises above conveyed, ns of good, sure, perfect, absolute and indefensible 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 aro free and clear from all former and other grants, bnrgnino, ealos, lions, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said party of the second part, Ins heirs and assigns against rill and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, tho plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WIIEItEOF, the said party of the first part has hereunto set his hand and seal tho day and year '••first,anove written. STATE OF COLOItADO F SS. County of &%/e Willra• n . Antonick .."? .1 [S1sAL] l Tile foregoing instrument was acknowledged before me this 5 A. D. is 65 , by WILLIAM O. ANTONIDES. My commission expires (71.4",-v" [SEA L] day of October , 19 . Witness my hand and official seal. Notary PubIlu. No. 932A. 1YAHItAN•l'Y 11IU:U.--For l'Lototrnphlo rtocord.-11 r.dtord•ItoIdnrun r'ty. Ou., nr.:4.4O stout Pt., Dower. Oulunido r 1 • t�.: y amu, ,, u� Itocorded .t '• 4 ..2 ..clock...�..s....M., .....,11 Kew a n. Rncordcr. ,•54p Chas.....S..... , Roco tion . o.. --_ _-•• ,:,i� „ :k IN. DIVA q: dayof June i ��::"s.,>J.", 1 (42,.::),./4';110i -a I DEED, Mado this • 1st _ , �`�r�-, '!ri),:rl,r [�,�1� TIIIsixty-six /,?.. 1j) •. • I . /,tet t�:.. ; in tho your of our Lord ono thousand Wino hundred and y � -_, :4T.,4.‘r.....i.;iii between • WILLIAM O. ANTONIDDS ;:...�+,''; r��!3' County of Pitkin and Stato of �▪ Yi��{t Colorado. of tho firat part, and STANLEY GLEN �i1,.,,.,. r n� . WiSCO11SE11 �� of tho County of Milwaukee and State of;061G1v�y, of the second part: WtTNESSETII, That tho said party of tho first part, for and in consideration of tho sum of Ten Dollars and other good and valuable consideration, ;ASI:QA11% to the said party of the first part in hand paid by tho said party of tho second part,.tho roceipt whoreof is horcl,y , and by thoso sell, v a nc'.u ohashin aaiddparty of tho coconddpart, hisdbairs and assignssents does forever, all the ,followin g sell, convey and confirm, unto described lot or parcol of land, situate, lying and being in tho County of % Garfield and State of Colorado, to -wit: The SW9SI;aSW.9 of Section 28, Township 7 South, Range 87 West of the 6th P. M. containing' l0 acres, more or less; with all its appurtenances and warrants the title to the same, together with: de (1) The right of access to and egress rfrorn the lieaiss loproperty ted atscribe'l herein over and• along the existing North-South approximately the center line of said Section 20; and • (2) The right to use, without charge, into , w r frmthe welliong ginraaentoS'i�.11 adjoining real property to the East by tappinggrantor's watershallbeat used only i for of tine well, pro ortionately ntor andaccordi according eit c e COSI of operation and nI p Cdt•1a i•1pS`itf�rci't;g thereto belonging, or in anywise TOGETHER with all and singular the hcredita c th �„ u �fh, �►11 appertaining, and tho reversion and reversions, romainder and remainders, rents, isauos and profits thereof; in' 1 law all the estate, right, title, interest, claim and demand whatsoever of tho said party of the first part, or equity, of, in and to the above bargained premisos, with the heroditamcnts and appurtenancesurtenancoa, unto the HAVE AND TO IIOLD the said premises above bargained and described, with tho app lf, is said party of the second part, his heirs and asaiGAnt bargai►,, n, dtahe snid greo to and withpnrty of 'tl>o"enid party ofpart, for 'tl,oeseco�ndlpr Nt, executors, and administrators, docs covenant, grant, his hoirs and assigns, that at the timo of the ensealing and delivery of theeo presents, ho is well seized of tho premises abovo conveyed, as of good, sure, perfect, absolute and indofeaaiblo estato of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, coil and convoy tho some in manner and form as aforesaid, and that tho sumo aro froo and clear from all former and othur grants, bargains, sales, lions, taxon, assrssments and oncumbrancea of whatover kind or naturo aoevor. buoi• , 1 Page 555 1 his and tho above bargained premises in the quint and peaceable possession of the said party of tho second` tart his heirss and assigns against all and every person or porsons lawfully claiming or to claim the whole or any p said party of tho first part shall and will WARRANT AND FOREVER DEFEND. e ingularders,number shall include the plural, the plural the singular, and the use of any gondor shall bo applicable IN WITNESS WHEREOF, the said party of tho first part has hereunto let his hand and seal/the day and year Li‘Z.Z(.<1 first above written. i b' WILLIAM O. ANTONIDLS. _•, \104)'1,I••• masion:expiros Februarys 6 ,.Dllt CP STATE OF COLORADO County of Garfield o'ool Le rcgOing inatrument'waa acknowledged before me this 2nd day of June • Witness my hand and official seal. J ,•e ate } 88. li'azn • O. Antoni e s °(!�L�G/o77. • Q :. •'•......•.• OF c • rieli..... 0 0 0.9 68 r t :'lctatL -' [SEAL] Notary Public. • co- .\, w,nit,+iTY nrvn.—P.,+ 1'helo¢nphlo IIilord._11ra+ttord•Itobinon rig. Oo., 1821-1i Mout Bt., D,nver, Colorado 09-21-1995 10: 48RM FF DAIJIS HORN INC:. • 9251215 P.HR AMU WM antITY P.O. BOX 35SS ASPEN, COLORADO 81611 (3C3) 92S 7'1'3Z February 25, 1976 Mrs. Elizabeth E. Grindlay Box 2154 Aspen, Colorado 81611 Dear Mrs. Grindlay: 1 can appreciate your concern to have a written Edefinitindofothe water rights which pertain to the property you have o y yourself in the ert and Mary Donlan, dS well as to the. property retained by Aspen Mesa area. As you know, the well which supplies water to ttheenhhCuSe sold the Donlans i$ a community well set up by Mr. Ante was. the owner of the property. He dedicated this well to have 12 shares. Since Mid Valley Land Companyinherited ojurisdiction os, we feolover htthis t well when the property was purchased from Mr. An right to allocate the shares from this well. Mid Valley Land Company affirms that one share ithe well painsone to the property purchased by the Dnnlens andthatyou have right The house which share in the well for the property retained by yourself. Mr. Story owns, formerly Mr. AntonidiOown home,ter also om thhas owa share. hhowever, At this time the Montgomery house is sin should the need arise, we would feel inclined to provide ua share etfdr the Montgomery property. All other shares at this time v The cost of both the maintenance and operation of are the welly istwto ohbeeborne joinely by the shares in use. At A . being used, the Story share and the Donlrns share, censet of uthently, these two parties should at this time be splitting of this letter to 05and operation of the well, Please give a copy Donlans as it de:Ines their right to a share in the well as well as sets _ out their cost obligations. I hope this letter takes care of any problem which may arise 'concerning water from this community well. Best regards, MID VALLEY LAND COMPANY C. T. Ga' President • .- • • • WATER AGREEMENT The undersigned, WILLIAM O. ANTONIDES, for and in consideration of the purchase of certain real estate by STANLEY GLEN, and certain other real estate by JOIIN H. GRINDLAY and ELIZABETH E. GRINDLAY, hereby agrees that upon payment of each parties' proportionate share of the cost of maintenance and repair of that certain well and 5, 000 gallon tank installed by the said William O. Antonides northerly of the property purchased by Stanley Glen and John H. Grindlay and Elizabeth E. Grindlay and now serving the residence property of William O. Antonides, each of the parties herein mentioned shall be entitled to the following proportionate share of the water from said well and stored in said tank, in the following order of priority, to -wit: First right - William O. Antonides = 2/12ths Second right - •tanley Glen = 2 / 12ths Third right - John H. Grindlay and Elizabeth E. Grindlay - 2/ 12ths G yu-da4i Fourth right - Stanley Glen = 2/ 12ths Fifth right - Ralph L. Antonides = 2/12ths Sixth right - William O. Antonides = 2/12ths All of the parties agree to pay their proportionate share of euuh maintenance and expense for the operation of such water system within thirty days from the date of notice of assessment. Each party shall be permitted to transfer or assign his or her interest, or a part thereof, but only subject to liability for assessment and any failure to pay assessments when due shall work a forfeiture of the right of the party so failing to pay such assessment. The said William O. Antonides, further agrees that each of the parties affected by this agreement, shall have an easement or right-of-way for a pipe line :roil; the line served by the well and tank to the boundary line of the property owrle :, by said party, or parties; provided, the said William O. Antonides shall be permitted to determine the location of said easement or right-of-way so that it will not interfere with the use of the servient estate of the said William 0. Antonides. Failure by any party other than William O. Antonides to use the water right granted, for a period of more than nine months after the installation of such party's water line, or failure to pay the assessments as above noted, shall constitute abandonment of the right and such right shall revert to the owner, or owners, of the William O. Antonides property. Any increase in the size or capacity of the water system by the said William O. Antonides, shall inure to the benefit of the said William O. Antonides, his heirs and assigns and the interest of the other parties above-named shall apply only to the present water system. WITNESSETH my hand and seal this 29th day of September, 1966. APPROVED: -2- N ••<. tAWRENCfi M,'t-t1NCER KNSANCM L. KAEIrT MINCER & K A11ORNEYS Ai.IJI� TELEPHONE; (363) 90S• 3446 February 23, 1990 Frank L. Soderberg RQMax-Mountain View, Inc. 0223 Highway 133 CarbOnda1G, Colorado 41523 '!{7CQLCM69%+VE.,iil1E tot :`' . POST OfFPC15 X 850 • GLENw QIQSPAINGS, CO. 81602 Dear Sody: Atour request, I have reviewed recorded documents and ndrots her the materials concerning the interests of variou$ land Mid-Valley Well No. 1 located in the NWiSEi of Section 28, Township 7 South, Range 97 West of the Gth P.M. These L. documeah nts include a report dated October 1, lcadinromandscorres�et�dance Wright Water Engineers, Iunnc . CivalpActiongNv . 8�Cv7 0 , � an� action received in Cor,�icZ� Ga tY filed in 1980 by Mid -Valley to quiet title to the well. The of this letter is to list the landowners in ers watthefareat who purpose ht tv a have an ownership interest or a. rig well; The well was originally drilled for Bill Antonwdi sin Nin vedb r of 196S, The Lorah report indicates that the5 gpm on a long term basis.owatezwould anda"someflimitadtamounto4f about 15 homes with domestic irrigation. The well was drilled to provide domestic water.far property beingdeveloped by Mr. Antonodies in the SIS} of Section 28 and a smaltract in the NWINV ofk'e Section 33, Township South, Range 87, West in Garfiel d. ,. r- i a z3r:.;�:.nt .$ated Septem- ber prepared ar.d e..r?cuted a water 3 29, 1966, hereinafter referred toaisno the 66 clgthateth'is a copy of which is enclosed. while agreement was ever signed by any of the parties other than Mr. Antonodies, the agreement has been used as at basis forhe thewclaims of the other parties for the right to use On NOvQmber 4, 1966, Mr.Antonodies conveyed 411 of his property in the area to five.i,ndivV$uwho commenCedconveyed devalnpmtnt $ndpeale tto Mid -Valley Land Company which activities. The property has passed through several owners to the various parties listed anilntereetow who, ainathesult we�llQf gzteeright to conveyances, have acquired in� connection with use water from the well for domestic purpose' the development of the various parcels. the names ofhthe auxrent parcels are shown,on the sketch attached owners'. F4P... . 1ja berg .February 23, 1990 page .2 McMeche. Kenneth McMechen and Susan Smithers acquired their property by deed from tutlez-and Susan Cox August 27, 1979. The property was conveyed by Mid -Valley -to to Jacob and Florence Schwartz and included "the right to use, without charge, water from the well on grantor's adjoining real property to the West by tapping onto grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shall share cost of operatiori and maintenance on the well pxcportionally according to their respective usage," Water from the well is currently being used on the property, and it would therefore appear that the McMechen parcel has the right to one domestic tap for this property. Nelson:. Herbert and Carolyn Nelson acquired their property from Robert and Mary Donlan by deed dated February 16, 1979. The property is the west; i of a tract of land acquired by John And Elizabeth Grindley from Bill Antonodies June 2, 1966, and from Midi -Valley September 21, 197Q. These deeds include "the right to use water from the well on grantor's adjoining real property,to the West by tapping canto grantor's existing line, Bach water.. shall be used only for domestic purposes. Grantor and grantee shall share coats of operating and maintenance of the well proportionally according to their respective usage." The deed from Mid -Valley also includes "this right to use will be made available upon the payment to Grantor of.$ 1,000.00 for tap charges p*er additional dwellings." The Grindlays were Listed as owner of a 2/12 share in the 1966 Agreement. The Nelsons are presently using water from the well .and it would appear that'they have the right to one tap for their property. Grindl a Children. Sara, Jonathan and. Lorna Grindley acquired the East o• the Gri,ndJ,ay parcel by deed dated March 23, 1976. This ',parcel would have the same rights in the well as the Nelson parcel. Mid -valley Land Company, by latter dated February 25, 1976 confirmed the interest of thR Grindley! and a copy of this letter is Inclosed. We_. Randall and Jan Weiler acquired their proper'ty_by a deed recorded August 10, 1977. They entered into a written agreement dated Janu,azy , 1989 with Mid -Valley granting them "the right to use water from the well located between the North-South center line of said Section 2B and the Fag1aaGarffeld boundary line in the NWiSEI of said Section 28, for domestic purposes only within one sing1a family dwelling .legated on the wiNniswiSE1 of said Section 28. Said conveyance shall:be on the condition that wailers phare the cost of operation and maintenance of the well Proportionally with all, existing and future. users thereof." Wailers are also granted "the right to use any exinting easements reserved.by Mid -Valley for utility purposes for the cdnstruotiah of a pipelLrie to said well and Weilexs shall bear tho total, cunt Frank L. Sodezberga February 23, 1990 Page 3 1 of construction of any such pipeline, This right was given in exchange for the granting by Welters of certain easements across their. property. It appears that the Well,ers therefore have the right to one domestic tap from the well. Wolfer, Margie Butler WcIfew acquired her parcel by deed reread April 10, 1978, By written agreement dated September 1981, recorded April 1, 1982 in Eagle County, Mid -Valley agreed that she "shall have and be entitled to the use of water from said well and extended pipeline under and across hor proper- ty for domestic purposes for a single family dwelling, with appurtenances, located on the E}NE}SWkSEi of Sectl.on 28 and pursuant thereto Mid,Valley hereby assigns, grants and conveys to Wolfer, her heirs and assigns, the right to one water tap from and onto said pipeline, provided the cost incurred in making such tap and extending the pipeline to said dwelling 'shall be paid by Wolfer. tt is further agreed that only from and after the data of 'tapping on' or connecting and using water from the aforesaid pipeline, Wolfer shall be charged or required to share in the operation and maintenance cast of well and pipeline system peopor'tionally with all existing and future users thereof," This agreement was made in connection with the grant of a utility and other easements from Wolfer to M'id-vailey. It therefore appears that this tract is entitled to one domestic tap. Webb. John Webb acquired hi.s property by deed recorded October 3, 1978. Prior tQ his purchase of the property, Mr. Webb had several discuesions with representatives of Mid -Valley Land' Company concerning water for the property and had entered into an agreement with the Asper, Mesa Homeowners 'iaaoci.ation to receive water from its system, which is separate from the Mid -Valley wall. The Aspen Mein Ne meowners Association later refused to honor this agreement and Mr. Webb entered into further negotia- tions'with Mid -Valley resulting in. the drafting of an agreement allowing Mr. Webb to obtain water from the Mid -Valley well in exchange for the conveyance for an easement across hi.a property. While this agreement was not executed, a four -inch water line wag installed from the existing water line acroez the northerly portion of the Crowe, Weller and Wolfer propert,.es to the Webb property, and Mr. webb paid all or a portion of the cost of ineta1ling this line. It dome not appear that Mr. Webb and Mid -Valley ever reached a firm agreement regarding the number of taps allowed or ownership interest in the. well, prier t, the time Mr. Webb recently conveyed this property. In my.opinion, one of the reasons why no firm agreement was reached was becauee Mr, Webb wanted sufficient water for devtlop- ment of 'several houses on the property (he at times talked in terms of as many as 1 ) while Mid-vazlc'y felt that there should not be more than 4 houses on the. property (One Cor each 10 acre -.J_i i .L '1 l..: l. - ' ''rank L. Soderbea February 23, 1990 Page 4 parcel). Because of the pipeline installed at Mr. Webb's expense and connected to the well, I believe the Webb property has a claim for the right to serve at least 4 houses from the well. Glen. By deeds dated October 5, 1965 and June le 1956, B111 Antonodiee conveyed twenty acres to Stanley Glen. The deeds include "the right to use, witheut charge, water from the well on grantor's adjoining zeal property to the East by tapping onto grantor's existing Zine. Such water 'hall be used only for domestic purposes. Grantor and grantee shall share cost of operation and maintenance of the well preportional1Y according to their respective usage." The 1966 Agrnement gives Glen a 4/12ths proportionate share of the water from the well. While Mr. Glen did not sign this agreement, he has claimed a 1/3 interest in tJu well and has refused to agree to limit this interest to a speci- fic number of residences. Assuming he has a 1/3 interest in the water from the well, he could claim at least four taps, based on one tap for each 1/12th interest in the well, or five taps if thn original capacity of the well was.sufficient to serve 15-t.iomes. Levitt. It is my understanding that Tom Levitt has recently acquired the warhol, Goetz and Crowe properties together with the small tract south of"the Crowe parcel from Mid -Valley. It is also my understanding that Mid -Valley granted him one domestic tap from the well. Mid -Valley expressly reserved water rights in its deeds to Goetz and Warhol, and there is no mention of any water rights included in the deed to Crowe. It would therefore appear that Tom Levitt has one domestic tap in the well: , Other Owners. In the late 1960's, Mid -Valley conveyed various 71 -acre parcels now owned by Cook, PauJ.er and Wagner (two parcels). In all of the deeds.from Mid -Valley the description includes "together with water as needed for domestic purposes." While the owners of the parcels may have a claim Against Mid- , Valley Por domestic water, it would appear they do not have the right to claim their water from any particular well, including the MideValley Well No. 1. It is my understanding that in connection with your purchase of the Webb prepertiee, you and Mr. Marsh acquired all of Mid - Valley's remaining interest in the well. Assuming the well has sufficient capacity to serve 15 residences, it would appear that a total of 6 taps can be claimed by the owners of the Grindley, Nelson., McMschen, Levitt, Weller and Wolfer properties, and up to 5 taps could be claimed by Mr. Glen for USA on his property. This would leave 4 taps available for the Webb properties. The 1979 report from wright Water Engineers indicates 'that this wall had not been did:udi,cated prior to 1979. I checked the ==cords in the Water court, Clerk's ofTice and could not find a 09-21-1995 10: 4TRM FRCt iHk I S HORN I NC I. ill '' Frank L. ode berg Fed,=ary 90 Page S T 1 sting oZ any water rights appurtenant to this well in themost r� would therefore suggest rights I at recent water rights tabulation. of ad�udi,.atin the water 5 YC�A ��I7Y65�+i9a=e the desirability in this well as soon as possible. While I believe 1 have reviewed all of the conveyances made by Mid -Valley which might involve this Well, our office connection with id no its represent Mid -Valley Land Company inbe additions}. recorded or conveyances in the area. There may unrecorded agreements pertaining to this well of which I am not aware. Your! very truly, LMMii enclosures cc: Gerald D. Hartert (w/o encl) SEO-WTR DISI 5 TEL:303-945-5665 DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Department of Natural Resources 5063.1 US. I hay 6 & 24 P.O. pox .196 Cicnwu<, i Springs, CO 81602 Phone. ($03) 945.5665 FAX 1303) 945-8741 • Oct 16 96 12:46 No.002 P.01 Fost-Ir Fax Note 7671 Date/ /L pan t' To . ;j 1111111101 Co,/Dept, immI. Phone * io 0.W `PW J�/�I Phono * Fax * 1.6— J 745 - Fax* May 9, 1996 Mid -Valley Land Company, an Arizona corporation c/o John Power. s, President 13114 Hwy P2 Carbondale, CO 81623 kny Romer t wcrnor larnt•5 S Lochhioul E,;r•(-1,tivc Directo, 1111 D. Simpson yt•�tr Cnpineer CtrIyn ). 11,•11 Division Enginr•r•r Subject: Administrative Review Por Mid Valley Well No 2 (Case No. W-1159 AKA Antonides Well. Permit No. 25703) - Per status review of Mid Valley Well No. 2 the following has been determined: 1) Mid Valley Well No. 2 is limited to the historic use which occurred prior to October 15, 1977, 2) The limit of historic use is two single family dwellings, light lawn and garden irrigation, non-commercial stock and poultry, and fire protection. Historic use is limited to Parcel Identification Numbers: (Garfield County 23 and Eagle County = 19) ) b) c) 23-2391-284-00-074 23-2391-283-00-189 (non-commercial domestic animals ONLY) 19-2391-284-04-003 3) Any additional and expanded use not dated prior to October 15, 1977 is not eligible for compensatory storage releases from Green Mountain Reservoir. 4) All existing and proposed expanded uses not covered by compensatory storage releases must_ be auynented by replacing water to the stream system to prevent injury Co senior vested water rights, :.r) At this Lirne it is encouraged Chat a plan of augmentation be created in water court to cover existing and proposed uses of claimants and parties. having interest in the Mid Valley Well No. 2. I hope this information is helpful regarding the Mid Valley Well No. 2 (Case No. W-1159, AKA Antonides Well Permit No. 25703). Feel free to contact me if you have any questions. Sincerely, Ilwiht M. Whitehead cc Tarn Scott Albert & Denise Prink Orlyn Bell Herbert & Carolyn Nelson ,iota He'rgqui st Anthony & Carolyn Scheer Larry Gepfert Stanley Glen Dave Fox Terri Rogers Tam Cunningham Kirk Scales Ken McMechen Michael & Susan Josephs Ludwig RiLsch Andy Stone & Linda Rafferty The 1993 Thomas W. Levitt Family Trust, c/o Thomas Levitt John Stevenson, Director -VP (Mid Valley Land Co.) WalterSm1Lh, VP (Mid Valley Land Co.) Carol Smith, Secretary -Treasurer ( Mid Valley ),and Co.) dmw: \dwighr.\midval42 • • FITZHUGH SCOTT III ATTORNEY AT LAW 1555 SILVER KING DRIVE ASPEN, COLORADO 81611 PHONE/FAX (970) 925-1216 December 18, 1995 Eric D. McCafferty, Planner Garfield County Planning 109 8th St., Suite 303 Glenwood Springs, CO 81601 Re: Glen Subdivision Exemption water requirements Dear Eric: ,r DE�i9±JJ 99�r�-tri {;;T1' Glen Horn asked me to let you know that we are now ready to proceed with finalizing the review of the exemption request. Enclosed is copy of my recent letter to Dave Fox of the State Engineer's Office, regarding correcting the record on the Antonides Well. I talked to him today, and he promisd me that he would start to work on that request forthwith. I'll keep you posted as soon as I hear from him. cc: G. Horn encl. glenwel2.la Very truly yours, Fitzhugh Scott III FITZHUGH SCOTT III ATTORNEY AT LAW 1555 SILVER KING DRIVE ASPEN, COLORADO 81611 PHONE/FAX (970) 925-1216 November 17, 1995 Dave Fox Office of State Engineer 1313 Sherman St., Room 818 Denver, CO 80203 Re: Mid Valley Well No. 2 (aka Antonides Well), ID # 5583 Dear Dave: Enclosed are copies of Water Court decree in W-1159 for Mid Valley Well No. 2, together with location map (which correctly locates the well according to our surveyor), Permit No. 25703 (which I believe to be the permit for Mid Valley No. 2, despite the location variance etc.), Log and History of Well for #25703 (note reference to 87CW155, indicating that the well was previously covered by a Basalt District water allotment contract, which I know to have been the case), Dwight Whitehead's Memo to Bruce DeBrine of May 7, 1990, and the old Antonides Well Agreement of September 29, 1966. Dwight Whitehead and I are sure that the Mid Valley Well No. 2 and Antonides Well are one and the same. The well was intended to serve 12 residences. Presently, there are three users. Some of the residences in the area, which have tap rights to the well, have already developed their own, exempt domestic wells. I represent the Glen family, which has the right to four taps and owns two 10 acre parcels in the neighborhood, one of which is presently under submission for lot - split subdivision exemption approval with the Garfield County Planning Office. Previously, I obtained exempt, domestic permits for the Glens, Glen Well, No. 1 (#166098), covering the so- called lot -split parcel and Glen Well No. 2 (#166099), covering the other 10 acre parcel. Neither well has ben drilled. Assuming that we succeed in correcting the record of the Antonides Well and are able to tap into the well from a practical standpoint, I would cancel one or both of the new well permits. Based on the above, the Glen family requests that the State Engineer correct the record of the Antonides Well (Mid Valley, No. 2) so that it corresponds to the Water Court decree in W- 1159 and reflects the actual usage and location of the well. Please advise, if any fee is required or if you need any additional information. Thanks for helping us with this request. encls. water\g1 ,seo.lti Very truly yours, 11&I,+k 370 I':'i t► 241) Reception No— 2,;i1.ti14... Ghat) KiI.M4,111 Recorder, PILING STAMP Made this bill . dss of OC'tfll)et' of our Lord one thousend eine hundred sad ki i xt.y -five WII,I.JAM 0, ANrl'ONIDEb r„ = Count f I< o � T'lticin and stat. of Colorado, of the tiro part,.tytd ; ?STAN 14 Y GI.4 N Stanley't�lnd sn P AFa��int Ethel Olen Aa ` of the :cettetr of ; 31 N► A U It tt ;IIsi Stet* of Celetleda, of th* ; rice Par'tt, WV'Nlrit$ 'I'ti,'Oat OOaaald party o the tIrse mtifor andcoite I?oati i�rld''�ttlt3`tr r d�rtiott of the of to the laid party of UP fink part tit i, the said par pf the wend pert,?the .re eIpt whureot is h.r.by 4. . !moi + +ufeemt,wnI aakneirlidplad till. grant , POi tl1 ds.,t ��► r'�d old owi+i.yad 41' by the Soli; convoy iflntl rd fi"cin tutb'thq + ' ` ao eIi gout, bargain, Soli conv yC . fl t �`v o�ta �"nd port, ltli. #elra and nsatgus'fiareser,'all the following dessewed of Igdt t►ituttte, lying ind b*ing is the ittnty of • ttitt]t`Pitglli ',tad Stat. or Colored°, to.wltl $lies 1. '4V ft St'cttint 28, Township 7 South, tillage 87 Wast Of the frill . ),.F, ,j t`•Utltr4tllnit 11) fu't't`ri, more l)i' less; with itll its. appurtenances 111(1 W.ilrrlatits 1114 it) tilt) r4ti►lt+, lugt'IllOr Willi: (l) 'Iii' right fit' at i• 8s (tr and t+ttri from the rrctl Ilrt)I)r+rl ti' tit'-irrit)t,tI ilt`re"ill 0.V1`.4' «Ilii along ilii+.l ht..tilllt North-South meati which i,� toi'itll+il :it ?iii})rlr.�iinatt�l� t.ht' t�a'lilt`l licit` t.)t' $ititl Sort ion 311; anti (2) 't'I►i` right tt, nit!, without t'hai'gt`, %'titer fi'uitt 1ht' wort on grantor's ►ru I ( ()u'I ,\' tl.l Ills 'til uiililtt! rt'al �) l.ilril 1►�' lHlll)Ill)� Illtl).t;i'ililtUl'�r; hXlril jilt., lilll-', SI!i ti waive Ile used only for (Ionics' ir i► ttt'I►t)r;t':;. (.ii•ilntnr nntl t;rilutt�t` iliccih�h��� ��h;1i t t{r;l..i)1' '))�ti•itl icui ;t,uI lilairllt+n:lnt t of Iltt� well I)rt►Ilt►t•tiull;tlt'I•y W Ki with all 1and *singulartthe h rrvo i ditjmenta and appurtenances thereto belonging, or in anywise appetteining, find the reversion and ruveratonn, remainder and meal:tders, rents, issues and profits thereof; and all the, estate, right, tutu, interest, claim and demand whatsoever of the said party of the first part, either in law or enuity, of, in and to the above bargained premises, with the hen+ditamenls find appurtenances. TO RAVE, AND TO 1101.1) the said premiere above bargained and described, with the appurtenances, unto Idle MW party of the socund part, his heirs and assign, forever. And the said party of tht` feral 1».rt, for himself, his heirs, executor*, and administrators, aloes covenant, grant, bargain, mill agree to and with the said poliy of the world part, Itis hairs and assigns, that at the time of the ensenling and delivery of these presents, ho is well suixed of the premise* Mauve conveyed, as of good, +lure, perfect, nbeolutu and indefcssiblu +stat+. of inheritance, hi law, in feu simple, and has good right, full power and lawful authority to grant, bargain, aril and convey the Bann+ bt manner and form as aforesaid, and that tho same are free and clear from all former and other grants, bargains, sales, lions, loses, , as*tsamVnt. and encumbrances of whatever kind or nature soever. and the above bargained premises in the+ quiet and peaceable possession of the said party of the second part, his heir* ;.and ssstgns sgainst all: and +ivory person or hereon++ lawfully claiming or to claim the whale or any part thereof, Our - :0W Muff of She first part shall and will WARRANT it Nit VORFXKR I)EFNNf. Thu singular nurnb.rpball inolud. � !{� til, thaplural the singular, and the use of any gender slain be applicable to all gondvts. ' NKBii WIUUIR01"', the said .party of the first; part has hursuntn sat. his hand and`sagl the day and yearIt The foregoing instrument was acknowledged before ma this id �' . dry `of October w i t,1.,1 r1 M C), AN TONI OES. my cunlnusslun ellplres • ✓ 'v' a' ,!r 10 t 7 . Witness my hand and official scull. ]raiser i'ublle, • Vllil (WSJ APPLICANT lJt t I Vi&. UI 11 IL uI/1! G11.1111L�L.1t COLORADO DIVISION JF WATER RESOURCES 010 Centennial t31do„ 1313 Q11,n St., Denver, Colorado 80203 (303) 080-3501 STANLEY GLEN 603 LONGBOAT CLUB RD LONGBOAT KEY FL 34220 ( 803)383-6543 PERMIT TO CONSTRUCT A WELL • uc WELL PERMIT NUMBER 16 G098 DIV. 5 CNTY. 23 WO 38 DE3. BASIN MD Lot: Block: Filing: Subdiv: ('PROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 400 Ft. from South Section Line 1700 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDrONS 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 th© permit does not assure the applicant that no Injury will occur to another vested water right Or preclude another owner of a vested water right from seeking relief In a civil court action. The construction of this well shall be in compliance with the Water Weil 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. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 10 acres described as the SW 1/4 of the SE 1/4 of the SW 1/4 of Sec. 28, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County. The use of ground water from this well is limited to ordinary household purposes Inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes, 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. 1.1 L1-4 } APPROVED JtJ2 71/Ai B,ef. G„ yin.a Receipt No. 03309398 DATE ISSUED SEP 09 1992 EXPIRATION DATE SFP 09_124_, By NR.14..H1,. 16 Application must be complete where applicable. Typo or print In HJ.AK at5,,Noovarstrikos or erasure: unless Initialed. COLORADO DIVISION OF WATER RESOURCES 1:11l1 CantonItldg., 1313 Sherman St., Denver, Colorado 41103 PERMIT APPLICATION FORM (x) A PERMIT TO USE GROUND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: (x 1 A PERMIT TO INSTALL A PUMP (x 1 REPLACEMENT FOR NO. 1 6609Q ( ) OTHER WATER COURT CASE NO (11 APPLICANT - mailinE address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Snecelpt No. STREET11Q3 T nn.rgboatr C1td17 Rd. CITY 1Jongbv4J-, K y t EL .14229 TELEPHONE NO —9.°3-383-0549 (2) t OQATION OF PR POSTwQ WE __ County Garfield of the LW Y., Section _ 7>a Twp, 7 5, Rng. 87 .1d_ (N,$) (e,w, (31 WATER USE AND WELL DATA fith P.M. Proposed maximum pumping rate (gum) 15 -. Avtrege annual amount of ground water 1/3 to be appropriated (acre-teet): — ---- Number of ecres to be irrigated! 0 Proposed total depth (feat): Aquifer ground water is to be obtained from: 1QQ Owner's wall Ocliynation Glen Well Na., at UNcWaT RToSE�►_s o_QB (x ) HOUSEHOLD USE ONLY • ( ) DOMESTIC (1) ( 1 LIVESTOCK (2) ( ) COMMERCIAL (4) ( 1 OTHER (al L Basin Dist, no irrigation (0) ( ) INDUSTRIAL (6) ( ) IRRIGATION (S) ( ) MUNICIPAL (6) DETAIL THE USE ON BACK IN (11) (4) 1 L Name Licensed Stra6t City - ;160r.cne ^f0. — _ _ic. No. r.caND.T1ONS OF A NROVAL 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. Q PLlC�ATION APPflPY PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY. - TAT5-ENGIIJ . ) 7677-)1E- PfQPQscD (;1„ and the arae oft which the 'water wlll be used must be trig diagram below. Uso the CENTSR SECTION (1 section, , acres) for the well location. + -- --}- -- -F -- -4- — 71' — 14r— 1 MILS. 6200 FELT ----I l 4- .+ l I . F3 6 NORTH SECTION t_IrJ 1 t 1 1 --1— i 1 SOUTH SECTION LINE –r The scale of the diagram Is 2 inches . 1 mile Each small square represents 40 acres. (6) THE WEA,), MUSS' HE LOATED ( w by dista rpm section (inst. S dnn ft from rth or loon) sec. line 300 ft, from sec. lino (OM or wait) LOTBLOCK ..----FILING SUBDIVISION — .4 I (7) TR ' T I. A ■ W LQCAT Owner: ADD] i ca n t No, of acres 10 the only Well on this trnct1 Yes Will this be T' (8) ti3OPOZED CASING PfiQGRAM Plein Casing 7 in, from 0 ft, to 7 5 _ ft. in from Perforated casing 7 in from ft to_ ..,..�ft, 7 ft, to - 100 ft in. from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An aara•foot covers 1 acre of )and.1 toot cleCP 1 cubic foot per reeand (eft) .. _ 449 gallons per minute (gpm) A family pf 5 will roquit• approximately 1 aoro•foot of watt)! n r VIM'. 1 aara•foo , . , 43,550 cuoic lest , . , 325,800 9a, Ions. 1,000 gt,m outripod continuously for one day prpduees 4.42 aare.f•at. (10) IyAND 0 WHICH io ►• W AT Qwnor(s)t See attached Copy i- e W L A A (9) FOR REPLASIMELELLO glvedistance and direction frOm Octwell and plans for plu49ing It: - -- No. of acres; Leoal desdri i AFel prior to 6/72. _ (11) OCTA14,M D_ESCRIPT I of the uta Of around water: Household Use and dornossic walls Must intiicata iype system to be used. SeAtic tank with 1Q_acha. dwellin• - a• • n n_rnmmoT IP — f • • A • 1" •• - (12) used on this land, Including wells, Give Registration ..nd Water Court Case Numbers. Description of land on which used Type or right None Used for (purpose) (13) THE APPLICANT(S) STATE(S) THAT THE INFO—BMA-110N SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. =NATURE QF APPLICANT(5) III • ATTACHMENT \-` Why Exemption is Being Sought Stanley and Ethel Glen acquired the subject site in 1965. The following year, they acquired the adjoining tract. Upon completion of the exemption process the applicant intends to sell one of newly created lots and keep the other one for a member of the family. Jeff Glen, the applicants son, intends to build a house on the adjoining 10 acre parcel. • GARFIELD COUNTY Building and Planning August 17, 1995 Fire Chief Carbondale Fire District 300 Meadowood Carbondale, CO 81623 Dear Sir - Our office recently received an application for subdivision exemption from Stanley Glen, a property owner in the Missouri Heights area. As a part of our review process, we seek your comments on the application which will be made a part of the record. Please review the information and comment to me with any concerns, questions or insight you may have regarding this request. Thank you for your help. If you have any questions or need any more information, please ask. Sincerel Eric D. McCafferty Planner, Garfield County EDMIedm Enclosures 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 ATTACHMENT CI i at `Y n./' i'e10C Y...I...t.... rG •• i:rcoptisn ...2.3.5.4£30 Cnss.....C;.....1 sgan, Itecurder. fL[e rit:rl)., rle this 1st day cf June hi the y.;er of cur Lord one thouea.d nine I:u:,drsd and sixty-six balaa,.a WILLIAM O. ANTONIIJES of the County of Yithin Colorado, cf Lill, tirsi part, and STANLEY GLEN era dtate of Page 555 d' ,c • W iscunsrn--- of the County cf 1Vlilwaukee and St ,a oLXXleX:d`., of the second part: InTNI:S :E1it,'19,at oho said party of tis iia; Laa 'e'er std i.r eeu-iJerutio., .;r the sun: of Ten Dollars and other good and valuable consideration, t; the cafe Harty of the first part in hand paid by t.ho said nasty c_' the r. and :rest, the r__cipt v.hercof is hereby _...__seed cm.. ;.c::nowl.:dged, has granted, Larg,aiued, sold anti cunrey;d, and by theta f:ce:cats does grant, bargain, sell, ccnvsy end centime, unto the said purty c_" t.hu ascend part, ;as heirs and ani' as forever, all the following d;scribed Ict or pat'cei of lend, eltnat;:, !y!, :cd Lin iu thn c;,mly of Garfield and State o1 Colsreec,w-vis: The SW-';SE9`-SWq of Section 28, Township 7 South, Range 87 West of the 6th P.M. containing 10 acres, more or less; with all its appurtenances and warrants the title to the same, together with: (1) The right of access to and egress froin the real property described herein over and along the existing North-South road which is located at approximately the center line of said Section 28; and (2) The right to use, without charge, water from the well on grantor's adjoining real property to the East by tapping into grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shall sham cost of operation and maintenance of the well. nro,ortionately according to their TOGETHER v,ith all and singular the heredite. .1ME,Cdt11Zul f AL thereto belonging, or in anywise appcitaining, and the reversion and reversions, rernairder ,rd recs.:inderi, rants, issues end profits thereof; and all the estate, right, title, interest, claim and decncnd wlinty;alae of the said party of the first pact, either in law or equity, of, in and to the above Largained premien:;, with t..z! hc,:.dltamtns and appurtenances. TO H VL AND TO BOLL the said premises above bergai:;ed and dcseri ied, with the appurtenances, unto the said party of the second part, his heirs and ai:.igca forever•. And the salt, party of the first part, for himself, his hair.:, executors, and administrators, does covenant, grant, harg_in, and agree to and with the said party of tho second part, his heirs and :assigns, that at the time -of the easea!L:g and dcheer' c:' theca prerani.:, he is well seized of the premises above conveyed, us .. good, sure; per?ect, absolute and indefer. ible. estate cf :a,Ler:tuna, in law, in its simple, and has good right, lull power and lawful authority a ,rant, ba_c si:r, :.11 cued coavay the as: a in mar -nu and femn s aforesaid, asd that the Ea'a:c are fres and elea': from all former acid oth.,r grants, bargains, ;alas, liens, taxes, assessments tad encarcbrances of whatever kind or nature server. C, U,,.VO 1S and the above bargained premises in the quiet and peaceable po_,_s.i„n 31 the said party of the sesa::d part, his }:airs and assigns against all and every parson or persona lawfully claimii.E' or to claim the whole or any part thereof, the said party of the first part Shall and will WARRANT RRANT AND i! CRaVls'R DEFEND. The singular number shall include the plural, the plural the singular, and the us'o CY. a.iy gender shall ba applicable to all be::ders. IN' WITNESS WHEREOF, the said party c1 the first pa -t nas heraunto'aat his hand acid teal the day and year lint above vrritten. ," ', ��/,:11'i 7 `/!l (' �' e,'L, ' 1.4EAL William O. Antonides (3:.;Li v/ �wn J /L, cer'bd.4, ti:42 ti • UCC Yage 24 Recap n t __.231401_ �110i Ke corder. 11\ �— FILING STAMP THIS DEED, Made till. 5th day of October in the year of our Lord one tbouaand nine hundred and sixty-five between WIILLIAM O. ANTONIDES of the County of 1'itltln and Stat. of ATTACHMENT Colorado, of the first part, and STANLEY GLEN Stanley and Ethel Glen Aspen Account of the County of Milwaukee and State of Colorado, of the second part: WITNESSETH, That the sold party of the first part. for and in coneiderntion of the sum of Ten Dollars and other good and valuable consideration, DOLLARS, to the Bald party of the first part in hand paid by the said party of the second part, the receipt whereof 1a hereby conleseed and ecknowleJged, has grunted, bargained, sold end conveyed, and by these presents does grunt, bureuin, sell, convey and confirm, unto the s.id purty of the second part, his heir. and ...iglu forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SE.,'ISE,'-SWti of Section 28, Township 7 South, Range 87 West of the 6th P. M. , containing 10 acres, more or less; with all its appurtenances and warrants the title to the same, together with: (I) The right of access to and egress from the real property described herein over and along the existing North-South road which is located at approximately the center line of said Section 28; and (2) The right to use, without charge, water from the well on grantor's adjoining real property to the East by tapping into grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shallhare, cost.of o;n leratiuand maintenance of the well proportionately accnr•t(Iles to thou• rt sIJ 'ctive TOG ET} I:If wt[h all and sin u ar the heretli fitments and appurtenances thereto belonging, or in anywise appertaining, and the rever.iou and reversions, remainder and remainders, rent., iseues and profits thereof; and all the estate, right, title, interest, claim end demand whatsoever of the said party of the first part, either in law or equity, of, In and to the above bargained premise,, with tho hereditament. and appurtonaures. TO HAVE AND '1'o HOLD the said premises above bargained and described, with the eppurlenances, unto Lino aid party of the second port, his heirs and ..sign. forever. And the said party of the first part, for himself, hie heirs executers, and ado umatratora, does covenant, grant, bargain, and agree to and with tho wtid party of tho .round pert, lee heirs and assigns, that at the time of the ensealing and delivery of these present., ho is well seized of the prcntisue above conveyed, as of good, sure, perfect, absolute and indefeasible estate of Inheritance, in low, in fee simple, ane lona good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fond rs aforesaid, and that the same aro free and clear from all former and other grants, bargain., .ale., lions, sizes, aosesements and encumbrances of whatever kind or future soever. and the above bargained premises in the quiet and peaceable poeeession of the Enid party of tho second part, Ina neir. and ou.,igns oguinst all .ltd every person or persona lawfully'claining or to claim the whole or any part thereof, the wild party of tho first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the said party of the lint part has hereunto set his hand and seal the day and year •fint,ci.evc written. STATE OF COLORADO County of 44- e'G `u. / t1/tjb' �.rA1) William' U.Antonio., ISOALI (SEAL; Tow foregoing instrument was acknowledged before me this day of October 65 , by WILLIAM O. ANTONIDES. My communion expires die" �✓ .‘e / } 1p 11 Witness my hand and official *eel. • `......_..........-_._...e .. . N.I.n 1.4,1416. WAIIOANTY Ulil•Urtee rb.t.gn.w. rases..—Unelonl.n.bin.u. 1'4. Cr.. I.r...e 64...4 01., Denver, tmwn,w JUL 25 ":45 10: 5 GAPFIEL' IUHT( • • 144.444 Ai • • 475762 P-4434, P -BRP 03/21/95 0;i: 31 P PG 1 OF 6' • R1=C MIL hllF'D Al' iX)RT (;KF l aT, (rx nY cum ANI) HI:CORDFR 30:00 Agit EEMECiRAIT OP ,►gt:MENT THIS AGREEMENT AND GRANT OF EASEMENT is made this 23.GD day of January, 1995. by and between THE 1093 THOMAS W. LEVtT1 FAMILY TRIM (hereinafter Grantor) and STANLEY GLEN, whose . legal address is 6P3 t.�,nith.hr club xn.l (hereinafter Grantee). Longboat Key, Florida 34228 RECITALS 1. Grantor is the owner of that attain real property located in -Garfield County, Colorado, more particularly described on Exhibit A which is attached hereto and ifteoffx,rxtrtl hertirn t*; this reference (hereinafter Levitt Property). 2. Grantee in the Danner of two parcels of teal property located in Garfield ' County, Colorado, which are ,contiguous to the Levitt Property. The two parcels of teal. property owned by Grantee arc described as follows: i.. SES/.SES/SSW+/., Section 28, Township 7 Soath, Range 87 West of the 6th P.M. (hereinafter the Easterly Glen Parcel); and ii. SW ASEvSW1/4, Section 28, Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Westerly Glen Parcel). Hereinafter, the above described real property owned by Grantee will be referred to individually as the Easterly Glen Parcel or the Westerly GlenParcel, as the case may be, or collectively as the Glen Property. 3. Grantee desires to obtain an easement for certain limited purposes across the Levitt Property for the benefit of the Glen Property, and Grantor is willing to grant such an easement as defined herein and upon the terms and conditions set forth herein. GRANT OF EASEMENT • KNOW ALL MEN BY THESE PREsENTS, that for and in consideration of the sum of Ten Dollars, in hand paid, and in further consideration of the keeping and performance of the promises and covenants contained herein, the sufficiency of which are thereby acknowledged, Grantor does hereby sell, convey and quitclaim unto Grantee, his heirs, successors and assigns, a permanent easement on, along. over and across the following": described premises, to -wit: Post -its Fax Note 7671 To Co./pe Return teF Lawrence R, Omen Delaney dt Halernnb, PLC, P.O. Drawer 790 t3lenw,od Sprirrp. CO 81602 !late # of Pages SZYIEINaggraiiir ri PC:one /.`/YLQ/C71--� ##j��' Fax s x # /r — Fa45 Phon® 1 �. yL c e �1 ;HPFTELT, Jf IT • 475702 f1-934 F' A89 ,1:1 "s I /'.i� na.:31 r' lei, 2 OT. r; 1ZIPTAlk;'; 7,1';0.1" i•fr ,1♦J"aF 1,7M1. Agreenxnt and Oram or Pavement Piga 2 t,r ; A 30 foot wide arrest easement situated in the SW ASSW+/.SE+/. of Section 28, T, 7 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, and being more partkuhrrly described as follows: Beginning at the STA corner of said Section 28, a mbar and aluminum cap in place; thence N. 01°58'49" E. along the North-South centerline of said Section 28 (basis of bearing) a distance of 630.03 feet to the Northwest Corner of it parcel of land described in Book 416 at Page 401 of the Garfield County records, the True Point of Beginning; thence continuing along said centerline N. O1°58'49" E. a distance of 30,30 feet; then* S. 89'52 06" E. 133,87 teet to a point on the centerline of a road as constructed and in place; thence S. 04°22'42" F. 30.08 feet along said centerline;. thence N. 89°52'06" W. 137.21 feet to the point of beginning. The permanent caseme•a conveyed hereby shall be only for the following purposes: 1. For the cronstruction, use and maintenance of a private ingress/egress roadway to the Glen Property. 2. For the construction, installation, use and maintenance of utility lines for the benefit of the Glen Property. The permanent easement conveyed hereby shall be forever subject to the following conditions: 3. The roadway shall be constructed, used, maintained and repaired by Grantee at his sok expense. Grantee shall at his expense and at all times keep said roadway in good, serviceable and safe condition. Grantee shall erect no fences along or across said roadway without the prior written consent of Grantor. Grantee shall landscape the roadway with native material so as to minimize the visual impact of the roadway upon the Levitt property: 4. All -utility lines placed within the easement shall be placed underground and shall be constructed, installed, used and maintained at the sole expense of Grantee. 5. Grantee shall at all times protect, indemnify and save harmless the Grantor from any and all claims, demands, judgments, costs, expenses, and all damage of every kind and nature, made, rendered or incurred by or on behalf of any person or entity whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or entity whatsoever, including, without limitation, the parties hereto and their officers, families, servants and employees, trustees and beneficiaries in any manner arising from or growing out of any net or omission of or by Grantee to property construct, install, operate, use, maintain, replace or repair the easement herein granted. x,r sot 1 '� L 1L ,HrF 1LLL ��IJi1T'r • 4757t2 8--0:t4 F'78R() 03/2i/05 03: ;t I F' PG Oft; Amm n % and Gram of temend Papa 6. It is the intention of the paries hereto that the easement conveyed hereby shall provide ingress/egress and utility line access to A maximum of three (3) single family dwellings. To further this intention, the patties agree: i. The Easterly Glen Parcel sh 1 not be subdivided, resubdivided of otherwise split into more than two () parcels, each of which shall be allowed rt maximum of one (1) single f milt' dwelling, together with accessory uses as allowed by applicable pruvisirits of the Garfield County Zoning Code. ii. Tito Westerly Gien. PAresl Eh 11 not be subdivided, resubdivkled, of otherwise split in Any way and only (1) single family dwelling shall be allowed thereon, together with acee, ty uses as allowed by applicable provisions of Garfield County Zoning Cod . iii. Any dwelling to be construct d upon or any other use of the Glen Property shall observe all appticablf Gatfrrld County Zoning and Land Use Regulation. f 7. The easement granted hereby shall not be deemed to give Grantee exclusive possession of any part of the premises and Grantor shall have the right to make such continued use of the premises as is not inconsistent with the rights granted hereby, 8. 1f any legal action or other proceeding is brought for the enforcement of this Agreement and Grant of Easement or because of an alleged dispute, breach, default of misrepresentation in connection with any of the pr'-'isinns of this Agreement and Grant of Easement, the prevailing party shall be entitled to recover reasonable ,attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which w • such party may be entitled. The covenants, stipulations and conditions of this grant of easement shall extend to and he binding upon the parties hereto, their heirs, administrators, executors, successors and ass;gns. TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances and privileges thereunto belonging, or in anywise thereunto appenaining, and ' All the estate, tight, title, interest and claim whatsoever of the said Grantor, whether in law or in equity, in and to the casement hereby granted. to the only proper use, benefit and behoof.of the said Grantee, his heirs, successors and assigns. 4''S762 B -A34 r -R1 113/2i/K, 03:31P PG 4 or F, and Orem of Easervost <, Pats I rN WITNESS WHEREOF, Grantor has executed and delivered this grim af. eaxment this 25th day of January. 1995. THE 1993 'THOMAS W. LEVI1T FAMILY TRUST STATE OF MISSOURI COUNTY OF JACKSON by as W. Trustee John C. Davis, Trustee The foregoing instrument was acknowledged before me this'Z 5 40 day of „Navin', 1995, by Thomas W, Levitt as Trustee of the 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. My commission expires: Address: 1.1M' 5{,1, )1,c $ fit I DI... SHARON S sH ATIV warARY PUBLIC STATE (7P ViSflOUld MY �EXP.12,1944 NOTARY PUBLIC 1 L clF, 10 RIFF IELD rfT« i,j , .��.� ✓,gym. .�. V. + 4 ' 4 47$762 9-A14 P-192 03/21/96 03:31P PO 5 OF e 'SIAM OF MISSOURI COUNTY Or JACKSON Aprement'Id Orr* of twiefsent PIO y .X The foregoing instrument was acknowledged before me this 1.5 , day of Janaitt! 1995, by John C. Davis as Trustee of The 1993 Thomas W. Levitt Family Trost. WITNESS my hand and official seal, My commission ewires: Address: Ilio -v"AEe } NOTARY PUBLIC 64-- SHAWN SUMO 14OT7R1' MILK "Y M ►tX03 j 17� AVIt�'llltd %0 STANLEY GLEN STATE OF --410z4.41a-, COUNTY OF ›.C5cr, a 14:,. } i The foregoing instrument was acknowledged before me this p2 t3day of January,... 1995..b y STANLEY GE.EN. WITNESS my hand and official seal. My commission expires: Address: BRENDA C. DU BO1S lay Cooom Exp. 5/14A$ Doodad 8r 3sr o, las x:1701,1s 6 --- wawa,. NOTARY PUBLIC JUL -745 10:E -1E, 1PFIEL , ':••i• ,14.741 0,P7 4 . 471f 'Yr• 7A4 -• • , 4,7./„."*.,.; kekr • , .? •.r EXHIBIT A A PARCEL OF LAND SITUATED IN 71111 SWI/4 Sw1/4, THE 111/3 3E1/4 SW1/4, THE W1/2 SW1/4 8E1/4. THE NE1/4 SWI/4, AND IN THE 1t711/4 SWI /4 OF SECTION 28, TOwNSHIP 7 8011TH, RANOE 67 ors,' OF 771E SIXTH PRI -NO -PAL %CRIME, COMITY OF GARFIELD, STATE OP COLORADO; SAID PARCEL BEING Moms PARTICULARLY PEsFRIEED AS FOLLOWS; BEGINNING AT 171E SOV77IWEST coRNER OP SAID SECTION 28, .4 GARFIELD COUNTY SURVEYOR'S BRASS CAP POUND IN PLACE; THEN W89'40'17°1E. ALONG THE SotrtHERLY LINE OP SECTION 28, 997.11 FEET 70 REBAR 8 CAP IN PLACE, LS 1 22580, THE TRUE POINT OP martfq tyg,r • rim N.0323'54-3. 1396.82 PEET 70 AN EXISTINO PENCELINE: THEN NatteeieTirir. ALONG SAID PENCELINE 96.34 FEET; THEY 5.88'51141"E. ALONO SAID FENCELINE 3411.00 PEET TO THE NOR77(WESTERLY LINE OP AN EXISTING 80 FOOT ROAD EASEMENT AS DESCRIBED 711 RECEPTION NO, 394063 OP THE GARFIELD COUNTY RECORDS; THEN 8,00.'00'00"W, 15,65 PEET TO 2713 EAST -WEST CENTERLINE OF THE 5711/4 OF sECTION 28: raw $.89•45'311"E. 38.99 FEET TO T871 SOUTHWEST SIXTEENTH CORNER OF SECTION 28, A REBAR AND ALUMINUM CAP IN PLACE, LS 1 22589; 2711V CONTINUING ALONG' SAID CENTERLINE 5.89'45'38"E, 1084.38 FEET TO A REM 9 CAP IN PLACE, LS 1 22580,; TEEN N. 01'51 '54-E. 435.78 PEET 70 A REPAR 1 CAP IN PLACE. a 1 22580.: MEN 5.8945'38"E. 250.00 PEET 70 .4 POINT ON THE EASTERLY LINE OP sATO r15114 SW1/4 OP SECTION 28, .4 REPAR * CAP 1N PLAcE, LS 1 22580; THEN 5,0151'54N. ALONG THE NORTH-SOL1771 CF.NTERL1NE oF SECTION 28, 435.78 FEET TO THE S011771 CENTER SIXTEENTH CORNER OP SECTION .76 (WHENCE A REPAR AND CAP, Ls * 2376 BEARS N.37•1010.3"E, 1.28 PEE71; 78811 5.09.45F09'g, 105,05 PEET TO THE CENTERLINE 03.4 ROAD AS CONSTRUCTED AND IN PLACE, ALSO EEINO A REBAR 8 CAP IN PLACE, LS 1 22580; THEN CONTINUING ALONG SAID CENTERLINE TIM FOLLOWING NINE (9) COURSE 1) S,01°14 '32"E. 280,08 FEET; 2) $.02-01'43"W. 115,18 PEET; 3) S. 00'39 '22"N. 148,5.4 PEET; 4) S.01'44'39"5, 133.99 PEET; 3) $. 0428 '435. 106.53 PEET: 6) 100.07 8287' ALONG 7711 ARC 08 A CORM TO 71(2 LePT, RAMO A RAD.W5 OP 1475.00 PUT, A CENTRAL ANGLE OF 0353'14" (CHORD BEARS S.06'25228. 100,0$ PUT); 7) 9,08'21'59"E, 67.98 FEET; 81 95.23 PEET ALONG THE ARC 08 .4 CURVE 70 THE glow, HAVING A RADIUS OP 126.84 PEET, .4 CENTRAL ANGLE OF 43'01'06" (CHORD SEARS 5.13'08'34'C 92.01 FEET); 91 S.38`12'03•11. 28.82 FEET 70 .4 MBAR a CAP PLACE, LS * 22590,; 1711IN 5.89'148'28W. 30,74 FEET A MAR & CAP IN PLACE, LS 1 32500,; TEEN ti.0.1•52,4611, 339,19 PEET 70 .4 MAR 1 CAP IN PLACE, LS 8 23580; THEN N.89`58'09"11. 110.00 PUT 70 .4 POINT ON THE NORTH-souTH CENTERLINE OF SAID SECTION 38, A REBAR 9 CAP IN PLACE, 48 1 22580; THEN N.0206'397, ALONG SAID CENTERLINE 49.20 FEET TO A POINT ON 77111 RA81'-WEST CENTERLINE OF THE 5E1/4 SW1/4 OF SECTION 28, A REOAR 9 CAP IN PLACE, LS 9 22580; THEN $.09457105V. ALONG SAID CENTERLINE 2333.02 FEET 70 .4 POINT ON THE NORTH -SOUTH corrsrunor OP TM 5111/4 OF SECTION 28, .4 MAR & CAP IN PLACIS, LS 1 22680; THEN 3,03°23'54mM, ALONO 3.419 CENTERLINE 686,91 FEET TO THE NEST SIXTEENTH CORNER (CROWN TO SECTIONS 38 AND 35, A REEAR 8 ALOMINuN CAP IN PLACE, LS 1 22580; THEN 5.89•40'17"W ALONG' TM SOUTHERLY LINE OF SECTION 26, 374,64 FEET TO THE TRUE POINT OF BEGINNING • SAID PARCEL cONTA1MIm0 37.847 ACRES, MORE OR LESS • • ATTACHMENZ Adjacent Property Owners Thomas W. Levitt, Trustee (North & West) P.O. Box 414740 Kansas City, MO 64141-4740 Kenneth McMechen (East) P.O. Box B El Jebel, Co. 81628 Dakota Partners LLC (South) 2227 Emma Road Basalt, Colorado 81621 4111 FITZFHUGH SCOTT III ATTORNEY AT LAW 1555 SILVER KING DRIVE ASPEN, COLORADO 81611 PHONE/FAX (970) 925-1216 June 29, 1995 Glen horn 215 S. Monarch, #104 Aspen, CO 81611 Re; Glen well permits (Garfield County) Dear Glen: • ATTACHMENT E The two Stanley Glen well permits (#s 166098,9), issued an September 9, 1992 expired on September 9, 1994 because of the fact that the wells have yet to be constructed. Based on my experience, we should not encounter any problems with the State Engineer Office in connection with the new well permit applications. As you recall, these permits were originally issued without any "augmentation" requirements because ttie parcels had been created prior to June 1972. Enclosed are copies of the old permits and the new applications. clieritVtrittorrt.ttr 144 Fitzhugh Scott III i•orrrl Nc; Ut-t-KA.: Ur 1 fit �.i i A L-fV�ifvtirtl �Ws " COLORADO DrVIS101111TF WATER RESOURCES 610 Centennial DIdw., 1313 Qhermo,n St., Denver, Colorado 80203 (303) 868-3581 APPLICANT STANLEY GLEN 603 LONGBOAT CLUB RD LONGBOAT KEY FL 34228 ( 803)303-6543 PERMIT TO CONSTRUCT A WELL uc WELL PERMfT NUMBER 16_6098 DIV. 5 CN TY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th I.M. DISTANCES FROM SECTION LINES 400 Ft. from South Section Line 1700 Ft. from West Section Line ) ) ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS 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. 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. Approved pursuant to CRS 37-92-602(3)(b)(1I)(A) as the only well on a residential site of 10 acres described as the SW 1/4 of the SE 1/4 of the SW 1/4 of Sec. 28, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County. The use of ground water from this well Is limited to ordinary household purposes Inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) 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 t4 the same stream system in which the well is located_ This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED J()2 Owe anyfnwa Receipt No. 03309398 DATE ISSUED SEP 09 1992 By EXPIRATION DATE SEP 09 1.92,_ ,eirt.J.L•ely. 76 Application must be complete where applicable. TyPe or print In ILACK No overstrikes or erasures unless Initialed. COLORADO DIVISION OF WATIwR RESOURCES Stn Cantenneldg., 1313 Sherman St., Denver, Colorado ea PEAMIT APPLICATION FORM (x ) A PERMIT TO USE GROUND WATER (x) A PERMIT TO CONSTRUCT A WELL FOR: (x 1 A PERMIT TO INSTALL A PUMP (x) REPLACEMENT FOR NO. 1 6604 ------- ( ) OTHER — WATER COURT CASE NO (1) APpL10ANT • moiling address NAME _ Bra n1 P,y Ler1 STREETg>aoat C1 CITY. LonILAu41 , FL 34223-- M8lale)7,1e) TELEPHONE No 503-383-6543 (2) LOCATIQiV OF PR ZPLs-E�LL CotimyGarfield S I4 of the 5t,1 'J•, Section _ /P Twp, 7 S, Rng. J7 FOR OFFICE USE ONLY; 00 NOT WRITE IN THIS COLUMN (3) WATER USE AND WELL L DATA Proposed maximum pumping rate (gum) . J. 5 Average annual amount of ground water 1 /.1 to be appropriated (acre•teet); Number of acres to be irrigated: Proposed total depth Oent)' 1 �.— Aquifer ground water is t0 be obtained from: Receipt No. Owner's wail deaignetion _Glen We 11 V N „E USED FOii, (x) HOUSEHOLD USE ONLY • no irrigant n j (5) TH E-' • ' SED ,►/ and the area On whrc t e )eater will be use (twit be r t - on t A diagram below. Use the CENTER SECTION (1 section, acres) for the well location. ()CATION OF THE P —t-• - - - �. WEST SECT1 1 MILE. 0200 FEET ---•-ice NORTH NORTH SECTION LIrkqr. 1 l T -- I x ` � I 4-W-, —+ SOUTH SCOTION LINE 1 4. 1 1 1 (8) HE WE... ►� >3E LOCATD W by .,lite. torn seetiOn inec, drip ft. from sec. fine rl or ►QYtrt) 230 ft. from w —sec. line taii1 Or wail) LOT —BLOCK w SUBDIVISION (7) TR T S A • w L LOCATEP Owner: A0p1 i rant No, of acres 10 �.... Will this be the only well on this tract? Yes The scale of the diagram i5 2 inches m 1 mile Each small s-auare represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An aere•foot covers 1 acre of land.1 loot oeea 1 cubic foot per seoond tcf;) ... 449 *snorts per minute (gem) A family of 8 Wil) require approximately 1 aoro•foot of water oar year, 1 aore.foot , , , 43,580 Cubic teat . , , 320,800 9a11ons. 1,000 epm ovmpad continuously for one day vroduces 4.42 aore.fett. (8) P Plain Casing 7 ;•"• SI in. from 0 ft, to 7 �, f t, in from Perforated caging in from Z1 ft, to— L00 ft. in. from ft. to.— ft, h. to ft, (9) FOR REPLACEMELT_EaLii glvedistance and dirfsctiort tarn of well and plant for pi1,g4 (r it: 00) i; ND Or WHICH ROUJP WATE WILL f IJ,ED: QwrtQr(s): See t-1 craa-ti tzg No. of acres:..... 10 Lr:oal descrixinpel prior to 6/72. ._�.— (11){jETgj�,FD D- $ RIPT1 of the uto of ground water: Household use and dornectio wells must intiit:ata ryNC ut.;;:Yc:u system to be used. Septic tank with 1ey.ch4, dwellin£ (12) -Type or right None • — e.• . e •• - used on this land, Including wells, Give Registration v^d Water Court Case Numbers, Used for (purpose) Description of land on which used (13) THE APPLICANT($) STATE(S)K THAT H T1THE �DGE,INFORMATION SET FORTH HEREON 1S TRUE TO THE BEST OF HIS • SIGNATURE OF AAPL,ICANT(i) •410 ATTACHMENT i -i Why Exemption is Being Sought Stanley and Ethel Glen acquired the subject site in 1965. The following year, they acquired the adjoining tract. Upon completion of the exemption process the applicant intends to sell one of newly created lots and keep the other one for a member of the family. Jeff Glen, the applicants son, intends to build a house on the adjoining 10 acre parcel. Form No. - OFFICE OF .RIE ST• ENGINEER G1l4 6,-- COLORADO DMSI " OF WATER RESOURCES 818 Centennial Bldg., 1313 Shc , ian 3t., Denver, Colorado 00203 (303) 086-3581 APPLICANT STANLEY GLEN 603 LONGBOAT CLUB RD LONGBOAT KEY FL 34228 ( 803)383-6543 PERMIT TO CONSTRUCT A WELL • LIC WELL PERMIT NUMBER 166099 DIV, 5 CNTY, 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 20 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECT1ON UNES 400 Ft. from South SACtion Line 2300 Ft. from West Section Line ISSUANCE OF TH13 PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17, 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the onty well an a residential site of 10 acres described as the SE 1/4 of the SE 1/4 of the SW 1/4 of Sec, 26, Twp. 7 South, Rng. 87 West of the 6th P.M., Garfield County. 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for Irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) 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 i5 returned to the same stream system In which the well is located, 7) This well shall be constructed not more than 200 feet from the location specified on this permit, APPROVED JD2 sue enaipw Receipt No. 0330939A DATE ISSUED SEP 0 9 1992 er EXPIRATION DATE= SEP 0 ,9 NF)•S.R�v 7d• COLUI{AOO DIVISION OF WATER RESOURCES 818 Centenm ng., 1313 Sh•rrnen St., Denver, Colorado 80 PERMIT APPLICATION FORM Applio4tion rut be complete where (X 1 A PERMIT TO USE GROUND WATER applicable Type or (x) A PERMIT TO CONSTRUCT A WELL print In DI.ACK FOR: (X J A PERMIT TO INSTALL A PUMP aIS.No overstrikes REPLACEMENT FOR NO. initialed. or erasures unless (X) OTHER WATER COURT CASE NO. -- (1) APPLICANT - mailing address NAME Stanley 01 Pn Receipt No,...- .......•••••=11611•1110. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN BTREET603 Lonc(boat Club. Rd. - Basin CITY Longboat Key, FL 4 213 _ COUDITIONS OriSPPROj AL (Soule) Mtn TELEPHONE NO. 803-383!61;73 This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the perrnit 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) L,QAIQN O r P R.0S P W E L L County Garfield SE % of the SW - .. %, Section 6th P M' Twp. 7 , Rng, 87 i, t31 WATER USE AND WELL DATA Proposed maximum pumping rate (gprnl __ 15 Average annual amount of ground water 1 / 3 to be appropriated (acre-foot): - Number of acres to be irrigated'..._.._, 0 250 Proposed total depth (feet): Aquifer ground water is to be obtained from: Owner's wall designation ( X) HOUSEHOLD uSE ( ) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) GOMMEfiCIAL {4} ( } OTMER (B1. Glen Well Nn. 2 _ :.. U. . FoR• ONLY • no irrigation (DI ( ) INDUSTRIAL (51 ( ) IRRIGATION (el ( J MUNICIPAL (8) DETAIL THE USE. ON BACK IN (11) (4) PRILLZR .PLICA1'10N APPR V PERMIT NUMBER DATE ISSUED Name T ' d�oda EXPIRATION DATE Strout C;tv -- t tdtsl �n� (.-' g AT go NEER) BY ---- (g) THE' OCATION OF THE PROPOSED ;t'&4. And the arab On w la t e .veter will be used mutt be rAlloted on the diagram below. Use the CENTER SECTION (1 section, acres) tot the well location. + .....�. - — -F ---- ��----- 1 MILE, 5200 PECT---�—tl ± r- +" NQRTN SECT ON LINE NORTH+ 4. - 4- -r 4 - The scale of the diagram Is 2 inches 1 mile Each Small 6Guare represents 40 acres. 4- — 1". (6) PRO Q._5DD CAC1NG PROGE�M• 1 Plain Cas(n2 f7 in from_ 0 ft. to _Z..— .- (9) EOR RFPLAC 1T W SQlvedistance and direction ram of• wall and plans for plugging (6) THE WEL ..1 . :E LOCA • oy a isterotrom section 1 nes, 400 ft. from S mart or mini 1700 ft. from 11 sec, line (..bt or w•tt1 `oc. line LOT BLACK ---FILING ' (7)T LOCATED Qwnor; Applicant No, of acres 10 . WIll this be • SUBDIVISION • T ON W the only well ors this tract? yes w in. from ft Perforated casing 7 in. from 75 ft, to— 100 ft, ih from ft to., ft. WATER EQUIVALENTS TABLE (Rounded Flgvresl An aare•foot covers 1 acre of land 1 foot 040 1 cubic loot off sueend ictal ... 449 cellons per minute I4pm) A family of b wall require approximetoly t bore -loot Of water par year. 1 aore•feot ... 43,560 cubic fot+t ... 328.y00 3allons, .1,C1.1,CM pprn IouMped continuoudry for one day produce& 4.42 ocrc•isat. (10) LAND 9N WHLCH G` • ► m WAT . ED. Ownerfs}; See attached copy of deed creating parcel No. of acres. prior to 6/72. Legal description; (11) Q.eIAILID DIrSCRIPTIQN, of the use of ground water: Household use and domestic wells must indicate type of disposal system to ha used. In hour u ; nn1yc3T1d..xatwr1n4mmav„�rr+1 ..,a44.141a�9 Septid"tank with leach field. - (12) QTHE WATER RIG1-f_TS used on this land, including wells, Give Registration and water Court Case Numbers. Type or right Used for(purpose} Description of land on which used None (13) THu� TO TWENT (S) STATE(SI THAT THE BEST OF HIS KNOWl.I=DGe.INFORMATS4N SET FORTH HEREON IS TR SI NATURE OF APPS.,GANT(. • GARFIELD COUNTY Building and Planning August 2, 1995 Mr. Jeff Deatherage Water Resources Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 RE: Bowers Subdivision Exemption (Sec. 25, T5S R9OW) Flood Subdivision Exemption (Sec. 3, T7S R89W) Glen Subdivision Exemption (Sec. 28, T7S R87W) Dear Jeff Please find enclosed applications for subdivision exemption from Andy Bowers, William L. & Nancy C. Flood, and Stanley Glen. The applicants are proposing to split their parent parcels into smaller parcels through our exemption process. Your office has taken the position that because the County uses the authority provided in C.R.S 30-28-101 (10)(d) as the basis for the process, that any lot approved through the process is an exempt well. The process is set up by the County to require the applicant to prove that they are eligible for a well permit without County approval being in place first. If the proposed applications could be approved without using the previously noted statutory authority by means of having adequate augmentation water or falling under another exempt well criteria, the Board will accept the source of domestic water as being a legal source. Please review the applications as if they were a "minor subdivision"and consider the cumulative impacts of the proposed wells. 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 R • The public meetings before the Board of County Commissioners will be on September 11, 1995 for Glen and Flood and on September 18, 1995 for Bowers. I have included a copy of a sketch plan of the proposed exemption parcels and water documentation for your reference. If you have any questions, feel free to give me a call. Sincerely, l�L Mark L. Bean, Director Building Sc. Planning Department Enclosures