HomeMy WebLinkAbout1.0 ApplicationBEFORE Tit BOARD OF COUNTY COMMI,TONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant 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 Rosemarie Glas respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of Rn + acre tract of land into 5 tracts of approximately _
19 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:
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 of 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 $300.00 fee must be submitted with the application.
Petitioner
QeL"
Rosemarie Glas
2518 County Road 137
Mailing Address
Glenwood Springs, CO 81601
City State
945-4949
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated purpose
of the Subdivision Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County
, Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are m the
process of being obtained; and '
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of Development/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
• •
B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (3)) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
• 1
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oft hr A1iit County of Celt':lr11•and State oftoloratlo,fur the consideration of
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and 1 he State of Colorado,
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1'r)WNnliir 5 SWIM RANr;F Al WEST, ATH r.H.
. ^r.CTION 41 Lot: 1, SyNNh, NWh:;W%
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sr;r'1'Ir)N 11: lets 1 and i. Nr;ysWh, NE%r
TrthlPi'1'Ir. S r'11l111. RAN;;F; F+hy WEST, r'Ill F.H.
SECTI'IN 241 lots 1 And 3
'I'bWNSIIIE gnttni, RAKIE 90 WEST, 5711 r.H.
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roUNTY nF r;ARF1E'LD
STATE of C('LfRADO
Together with any and a].1 well, spring, pond, cescrvoir and .
ait.rh structures, water rights and water resources, appurtenant
ti', used upon or in any way benefitting the above-described real
property including, but not by way of ).imitation, the following
so,, ^i f ir-a 1.1 y described wal_er right',:
A. The warner. Ditch (WD39) Priority No. 143E water right
originally decreed for 0.4 cfs in C.A. No. 1148, on November
7.2, 1995, with an appropriation date. of. June 1, 1889;
P.. The Warner. .Ditch (WD39) Priority No. 291 water right,
originally' decreed for. 4.65 cfs in Case No. W-89, on Novr'm--
her 10, .1966, with an appropriation date of June 1, 1920;
rr. The Lewis No. 1. Ditch water right originally decreed for
0.44 cfs, conditionally in C.A. 1148, on November 22, 1905,
with an appropriation date of June 1, 1895;
D. The. Lewis No. 1. Ditch water right originally decreed for
0.16 cfs, conditior.ally in C.A. No. 1148, on November 22,
1905, with an appropriation date of June 1, 1905;
E. The Lewis No. 1 Ditch (WD39) Priority No. 289 water right
originally decreed for 1.01 cfs in C.A. No. 4:`14, on Novem-
ber 22, 1966, with an appropriation date of June 1, 1920;
F. The Lewis No. 2 Ditch (WD39) Priority No. 1541382 water right
originally decr•rd for. 0.04 cfs in C.A. No. 1148, on Novem-
ber 22, 1905, with an appropriation date of June 1, 1895;
r;. The Lewis No. 2 Ditch (WD 39) Priority No. 290 w'ter ri.gtrl t
originally decreed for 1.1 cfs in C.A. No. 4914, cn Novenmher
1.9, 1966 With an appropriation date of June 1, 1920)
1'. The Buster No. 1 Ditch (WD 39) Priority No. 287 water right
originally decreed for. 1.48 cfs in C.A. No. 4914, on Hovem-
her 10, 1966, with an appropriation date of June 1, 1920;
1. The Possum No. 1 Ditch (WD39) Priority No. 288 water right
originally decreed for 2.14 cfs in C.A. No. 4914, on Novem-
ber 10, 1966, with an appropriation date of June 1, 1920.
Sched: 030083
Dist: 003 Twn: 2119 Sec: 18
F_Name: RICHARD C. 1/3 &
L_Name: JOLLEY
LOUISE 2/3
Address: 1288 - 245 RD
City: NEW CASTLE
Property Street #:
Tax Code: 4147 Property type:
Sub Code: Subdivision:
TT1_Land$: 480
Acres: 118.510
SQ_Ft: 0
Land Actual $: 1,660
Impr Actual $: 6,810
Yr Built: 16 Tax Cert#:
Comments:
Sched: 030006
Qs: 1Blk: 00 Lot: 035
Name_2: JOLLEY, RICHARD C. & MARY
St: CO Zip: 81647
Street:
GRAZING LAND -AGRICULTURAL Tax Ratio: 29.00
TTL_Improv$: 980
Dist: 003 Twn: 2119 Sec: 18 Qs: 1Bl.k:
F_Name: DAVE JR. & COOPER, KATHRYN C.
L_Name: FORCE
Address: 0160 - 160 ROAD
City: GLENWOOD SPRINGS
Property Street #:
Tax Code: 520 Property type:
Sub Code: Subdivision_:
TT1_Land$: 1,450
Acres: 1.490 Sq_Ft: 0
Land Actual $: 5,000
Impr Actual $: 0
Yr Built:
Comments:
Tax Cert#:
Tax Cert Year:
00 Lot: 007
Name_2:
St: CO Zip: 81601
Street:
1 AC TO L/T 5 AC
TTL _Improv$ : 0
Tax Cert Year:
Tax Ratio: 29.00
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NUMBER 12
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11—Begay sandy loam, 6 to 12 percent slopes.
This deep, well drained, moderately sloping to rolling soil
is on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. This soil formed in alluvium
derived from red -bed sandstone and shale. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is red or yellowish red
sandy loam about 10 inches thick. The substratum is
yellowish red stony sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney and Ascalon soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is 60 inches.
Surface runoff is moderate, and the erosion hazard is
severe.
This soil is used mainly for irrigated pasture and hay
and for grazing.
Flooding' and sprinklers are suitable for irrigating this
soil. This soil is droughty and needs frequent irrigation to
mature crops. Controlling the rate of water application
reduces piping and erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush is often necessary to improve dete-
riorated range. Seeding improves range in poor condi-
tion. Crested wheatgrass, western wheatgrass, and Rus-
sian wildrye are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices.
Cottontail rabbit, squirrel, mourning dove, chukar, and
some mule deer find habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by large stones,
seepage, and steep slopes.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
1
17—Cochetopa loam, 9 to 50 percent slopes. This
deep, well drained, rolling to steep soil is on mountain-
sides and alluvial fans. Elevation ranges from 7,000 to
9,500 feet. This soil formed in basaltic alluvium. The
average annual precipitation is about 20 inches, the
average annual air temperature is about 38 degrees F,
and the average frost -free period is Tess than 75 days.
Typically, the surface layer is dark grayish brown loam
about 21 inches thick. In some areas an organic layer as
much as 4 inches thick is on the surface. The subsoil is
brown stony clay loam and stony clay about 24 inches
thick. The substratum is pinkish gray stony clay to a
depth of 60 inches.
Included with this soil in mapping are small areas o'
Jerry and Lamphier soils. The Jerry soils are stony or
the surface and make up 10 to 15 percent of the unit
The Lamphier soil is stone -free and has a cover o
aspen.
Permeability is slow, and available water capacity i.
high. Effective rooting depth is 60 inches or more. Sur
face runoff is slow, and the erosion hazard is severe
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Gambe;
oak, bromes, and elk sedge.
When the range condition deteriorates, forbs an,
shrubs increase. When the range is in poor condition.
Kentucky bluegrass, undesirable weeds, and annua.
plants are numerous. Properly managing grazing main-
tains and improves range condition.
Elk, mule deer, blue grouse, and snowshoe hare finc
habitat on this soil.
Community development is limited by the shrink-swel
potential caused by high clay content, low strength, anc
steep slopes. Building foundations, roads, and sanitary
facilities can be designed to overcome these limitations
Keeping cuts to a minimum and placing them carefully
help to lessen soil slumping. Drainage and structures tc
control runoff from snowmelt help to avoid deep satura
tion of the soil around construction sites and roads
This soil is in capability subclass Vile, nonirrigatec
1 _.
1
• •
19—Cochetopa-Jerry complex, 25 to 50 percent
slopes. These moderately steep soils are on mountain-
sides. Elevation ranges from 7,000 to 9,500 feet. The
soils formed in alluvium derived from sandstone, shale,
and basalt. The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the frost -free period is less than 75 days.
The Cochetopa soil makes up about 50 percent of the
map unit, and the Jerry soil makes up about 40 percent.
The Cochetopa soil is deep and well drained. Typical-
ly, the surface layer is dark grayish brown loam about 21
inches thick. The subsoil is brown stony clay and stony
day loam about 24 inches thick. The substratum is pink-
ish gray stony clay to a depth of 60 inches.
Permeability of the Cochetopa soil is slow, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
The Jerry soil is deep and well drained. Typically, the
surface layer is dark grayish brown stony loam about 3
inches thick. The subsoil is yellowish brown and light
brown cobbly clay loam about 37 inches thick. The sub-
stratum is light brown cobbly clay to a depth of 60
inches.
Permeability of the Jerry soil is slow, and available
water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
Included with this soil in mapping are small areas of
Lamphier, Buckton, and Inchau soils that have slopes of
25 to 65 percent. These areas make up about 5 to 10
percent of the map unit.
These sons are used mainly for grazing and wildlife
habitat.
The native vegetation on these soils la mainly Glambel
oak, elk sedge, and bromes.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, Kentucky
bluegrass, undesirable weeds, and annual plants are nu-
merous. Properly managing grazing maintains and im-
proves range condition.
Elk, deer, black bear, and grouse find habitat on these
sons.
Community development is limited by slope, high clay
content, and low strength. Building foundations, roads,
and sanitary facilities can be designed to overcome
these limitations. Drainage and structures to control
runoff from snowmelt help to avoid deep saturation of
the soil around construction sites and roads.
This complex is in capability subclass Vile, nonirrigat-
ed.
36
26—Farlow-Rock outcrop association, steep. This
broadly defined map unit consists of moderately steep to
steep Farlow soils and Rock outcrop on mountainsides.
Elevation ranges from 8,000 to 10,500 feet. The Farlow
soil formed in residuum from limestone. The average
annual precipitation is about 19 inches, the average
annual air temperature is about 38 degrees F, and the
frost -free period is less than 75 days.
The Farlow soil makes up about 65 percent of the
association, and Rock outcrop makes up about 25 per-
cent.
The Farlow soil is deep and well drained. Typically, the
surface layer is dark grayish brown channery loam about
10 inches thick. The substratum is light gray and pale
brown very channery loam and extremely flaggy loam
about 32 inches thick. Weathered limestone is at a depth
of 42 inches.
Permeability of the Farlow soil is moderate, and availa-
ble water capacity is low. Effective rooting depth is about
40 to 60 inches. Surface runoff is rapid, and the erosion
hazard is moderate.
The Rock outcrop is limestone.
Included in mapping are small areas of Dateman soils,
generally in depressions. These areas make up 5 to 15
percent of the map unit.
This association is used mainly for limited grazing and
wildlife habitat.
The native vegetation is mainly needlegrasses, wheat -
grasses, and serviceberry.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion.
Elk, deer, black bear, and grouse find habitat on this
soil.
Community development and sanitary facilities are lim-
ited by slope and depth to rock. Special design is
needed to overcome these limitations.
Thi.; association is in capability subclass Vile, nonirri-
gated.
SOIL SURVEY
65—Torrifluvents, nearly level. This broadly defined
unit consists of deep, well drained to somewhat poorly
drained, nearly level soils on flood plains adjacent to the
Colorado and Roaring Fork Rivers and their major tribu-
taries. Slope is 0 to 6 percent. The soils formed in
alluvium.
These soils are stratified and vary widely in texture
and depth. The surface layer ranges from loamy sand
and fine sandy loam to silty loam and clay loam. The
underlying layers are generally sandy loam or loam strati-
fied with sand, gravel, and cobbles. In some areas gravel
and cobbles are on or near the surface.
The water table fluctuates between depths of 2 and 4
feet and in some years is near the surface during spring
runoff from snowmelt. These soils are subject to brief,
occasional flooding late in spring and early in summer.
Included in mapping are small isolated areas of Wann
soils that have slopes of 1 to 3 percent. Small areas of
soils that are moderately to severely affected by alkali
are identified by an alkali spot symbol. Small, isolated
areas where water stands at or near the surface all year
are identified by wet spot and marsh spot symbols.
These areas make up 15 percent of the map unit.
These soils are used for wildlife habitat, recreation,
and some grazing.
The native vegetation is mainly cottonwood, willow,
tamarisk and water -tolerant grasses, sedges, and rushes.
In many areas these soils are suited to production of
Fremont cottonwood. The soils are capable of producing
230 board feet of timber per acre from a fully stocked,
even -aged stand of 40 -year-old trees.
Where these soils are accessible, they provide shelter
and forage for livestock.
Mule deer, cottontail rabbit, coyote, bobcat, ducks,
geese, and other native birds find food and shelter on
these soils. Where feasible, planting food plots, trees
and shrubs, and nesting cover enhances the habitat for
upland wildlife. Where the water table is high, open
water for waterfowl and fish can be developed by blast-
ing or by excavating.
These soils have potential for recreation. Wildlife is
abundant, and the nearby rivers can be used for rafting
and canoeing. Community development is very limited by
flooding, the seasonal high water table, and variable
texture. Onsite investigation is necessary.
These soils are in capability subclass VIIw, nonirrigat-
ed.
• •
Before the Board of County Commissioners of Garfield County,
Colorado
Petition for Exemption
I Rosemarie Glas respectfully petition the Board of County
Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of a 80 acre tract of land into 5
tracts of approximately 12 acres each, more or less, for
future conveyance of said parcels to the public.
Petitioner:
Rosemarie Glas
WRJ•5.R•v. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
LORADO DIVISION OF WATER REARCES
818 Centennial Bldg., 1313 Sharman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( x) A PERMIT TO USE GROUND WATER
( x) A PERMIT TO CONSTRUCT A WELL
FOR: ( x) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME
RoseMarie Glas
STREET
P. 0. Box 5172
CITY Aspen, CO 81612
TELEPHONE NO
(sub')
303-945-0660
(Zip)
(2) LOCATION OF PROPOSED WELL
County Garfield
NW % of the NE 14, Section 18
Twp S, Rng R 9 _IL,
tN,S) (E.WI
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet)•
15
3
Number of acres to be irrigated: 1
Proposed total depth (feet): 100
Aquifer ground water is to be obtained from:
Alluvia; gravel
Owner's well designation R. G. well # 1
GROUND WATER TO BE USED FOR;
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(x) DOMESTIC (1) ( ) INDUSTRIAL (5)
(x ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
1 ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
A Colorado licensed Driller
Telephone No.
(State) (Zip)
Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I.D. COUNTY
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WRJ•6•Rev. 76 LORADO DIVISION OF WATER RE•RCES
8 o untennlai Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
Application must
be complete where ( x) A PERMIT TO USE GROUND WATER
applicable. Type or ( x) A PERMIT TO CONSTRUCT A WELL
print in BLACK FOR: ( x) A PERMIT TO INSTALL A PUMP
INK. No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO.
initialed. ( ) OTHER
WATER COURT CASE NO.
(1) APPLICANT • mailing address
NAME RoseMarie Glas
STREET P. 0. Box 5172
CITY Aspen, CO 81612
(State) (ZIP)
TELEPHONE NO 303—QA —n6bn
(2) LOCATION OF PROPOSED WELL
County Garfia1rl
NE 14 of the NE 34, Section 18
Twp. 5 S, ring. 8 9 W bth p.M.
1N,Sl (E.WI
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water
to be appropriated (acre-feet) • 1 1/2
Number of acres to be irrigated: 0
Proposed total depth (feet) • 100
Aquifer ground water is to be obtained from:
Alluvin — Gravel
Owner's well designation R.G. We ll # 2
GROUND WATER TO BE USED FOR;
( ) HOUSEHOLD USE ONLY • no irrigation (0)
( x) DOMESTIC (1) ( ) INDUSTRIAL (5)
( x) LIVESTOCK (2) ( ) IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
A Colorado licensed Driller
(Stat.) (zip)
Telephone No. Lic No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I D COUNTY
(5) THE LOCATION OF THE itrtOPOSED _ WELL and the area on
which the water will be used must .be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
} — -+- — — -I-- — — + — -I- — -}- — -+-
1 .4 1 MILE, 5280 FEET ---)-1
I
i- + + + + + -1- + -F-
1
1 1 1 I
+ _ -i- _ _I NORTH SECTION LINE — + —
I I
±
l
I
I
I .
IX
I
I
- _ _
I
-
I
(6) THLIELL MUST BE LOCATED BELOVV
by.distances from section lines.
250 ft from North sec. line
(north or south)
1100 ft. from East sec. line
(east or west)
LOT BLOCK FILING K
SUBDIVISION
I NORTH
4-
4
T
z
J
z
0
U
W
N
SOUTH SECTION LINE
+ -}- + -1-
I
——+—+--f--
—}-
I
- -�
4 -1-- +
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner -
No. of acres 40 Will this be
the only well on this tract? yPc
RoseMarie Glas
(8) PROPOSED CASING PROGRAM
Plain Casing
7n
in from 4-1 ft to 1Q ft
Fin in from 19 ft to 75 ft
Perforated casing
tt
6 in from 75 ft to 100 ft
in from
ft to t
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre.foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it.
N/A
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Rncr,Mari P (;1 aG No. of acres: 40
Legal description• NF 1 /4 NE 1/A Spr 1R, TSS, R RQW of 6th P M
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
nomest1c use, three (3) tingle family dwellingo, water stork, irrigate one (1) acre
or less. Approved septic system to be installed.
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
N/A
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST HIS KNOWLEDGE.
SI NA TURE OF APPL /CAN Sl
Use additional sheets of paper if more space is required.
11—Begay sandy loam, 6 to 12 percent slopes.
This deep, well drained, moderately sloping to rolling soil
is on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. This soil formed in alluvium
derived from red -bed sandstone and shale. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is red or yellowish red
sandy loam about 10 inches thick. The substratum is
yellowish red stony sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney and Ascalon soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is 60 inches.
Surface runoff is moderate, and the erosion hazard is
severe.
This soil is used mainly for irrigated pasture and hay
and for grazing.
Flooding and sprinklers are suitable for irrigating this
soil. This soil is droughty and needs frequent irrigation to
mature crops. Controlling the rate of water application
reduces piping and erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush is often necessary to improve dete-
riorated range. Seeding improves range in poor condi-
tion. Crested wheatgrass, western wheatgrass, and Rus-
sian wildrye are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices.
Cottontail rabbit, squirrel, mourning dove, chukar, and
some mule deer find habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by large stones,
seepage, and steep slopes.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
17—Cochetopa loam, 9 to 50 percent slopes. This
deep, well drained, rolling to steep soil is on mountain-
sides and alluvial fans. Elevation ranges from 7,000 to
9,500 feet. This soil formed in basaltic alluvium. The
average annual precipitation is about 20 inches, the
average annual air temperature is about 38 degrees F,
and the average frost -free period is Tess than 75 days.
Typically, the surface layer is dark grayish brown loam
about 21 inches thick. In some areas an organic layer as
much as 4 inches thick is on the surface. The subsoil is
brown stony clay loam and stony clay about 24 inches
thick. The substratum is pinkish gray stony clay to a
depth of 60 inches.
Included with this soil in mapping are small areas 01
Jerry and Lamphier soils. The Jerry soils are stony or
the surface and make up 10 to 15 percent of the unit
The Lamphier soil is stone -free and has a cover o
aspen.
Permeability is slow, and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur
face runoff is slow, and the erosion hazard is severe
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Gambei
oak, bromes, and elk sedge.
When the range condition deteriorates, forbs anc
shrubs increase. When the range is in poor condition;
Kentucky bluegrass, undesirable weeds, and annua.
plants are numerous. Properly managing grazing main-
tains and improves range condition.
Elk, mule deer, blue grouse, and snowshoe hare fin.
habitat on this soil.
Community development is limited by the shrink-swel
potential caused by high clay content, low strength, an.
steep slopes. Building foundations, roads, and sanitary
facilities can be designed to overcome these limitations
Keeping cuts to a minimum and placing them careful!
help to lessen soil slumping. Drainage and structures 1+:
control runoff from snowmelt help to avoid deep satura
tion of the soil around construction sites and roads
This soil is in capability subclass Vile, nonirrigated
e
19—Cochetopa-Jerry complex, 25 to 50 percent
slopes. These moderately steep soils are on mountain-
sides. Elevation ranges from 7,000 to 9,500 feet. The
soils formed in alluvium derived from sandstone, shale,
and basalt. The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the frost -free period is less than 75 days.
The Cochetopa soil makes up about 50 percent of the
map unit, and the Jerry soil makes up about 40 percent.
The Cochetopa soil is deep and well drained. Typical-
ly, the surface layer is dark grayish brown loam about 21
inches thick. The subsoil is brown stony clay and stony
clay loam about 24 inches thick. The substratum is pink-
ish gray stony clay to a depth of 60 inches.
Permeability of the Cochetopa soil is slow, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
The Jerry soil is deep and well drained. Typically, the
surface layer is dark grayish brown stony loam about 3
inches thick. The subsoil is yellowish brown and Tight
brown cobbly clay loam about 37 inches thick. The sub-
stratum is Tight brown cobbly clay to a depth of 60
inches.
Permeability of the Jerry soil is slow, and available
water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
Included with this soil in mapping are small areas of
Lamphier, Buckton, and Inchau soils that have slopes of
25 to 65 percent. These areas make up about 5 to 10
percent of the map unit.
These soils are used mainly for grazing and wildlife
habitat.
The native vegetation on these colla la mainly Gambol
oak, elk sedge, and bromes.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, Kentucky
bluegrass, undesirable weeds, and annual plants are nu-
merous. Properly managing grazing maintains and im-
proves range condition.
Elk, deer, black bear, and grouse find habitat on these
soils.
Community development is limited by slope, high clay
content, and low strength. Building foundations, roads,
and sanitary facilities can be designed to overcome
these limitations. Drainage and structures to control
runoff from snowmelt help to avoid deep saturation of
the soil around construction sites and roads.
This complex is in capability subclass Vile, nonirrigat-
ed.
36 SOIL SURVEY
26—Farlow-Rock outcrop association, steep. This
broadly defined map unit consists of moderately steep to
steep Farlow soils and Rock outcrop on mountainsides.
Elevation ranges from 8,000 to 10,500 feet. The Farlow
soil formed in residuum from limestone. The average
annual precipitation is about 19 inches, the average
annual air temperature is about 38 degrees F, and the
frost -free period is less than 75 days.
The Farlow soil makes up about 65 percent of the
association, and Rock outcrop makes up about 25 per-
cent.
The Farlow soil is deep and well drained. Typically, the
surface layer is dark grayish brown channery loam about
10 inches thick. The substratum is light gray and pale
brown very channery loam and extremely flaggy loam
about 32 inches thick. Weathered limestone is at a depth
of 42 inches.
Permeability of the Farlow soil is moderate, and availa-
ble water capacity is low. Effective rooting depth is about
40 to 60 inches. Surface runoff is rapid, and the erosion
hazard is moderate.
The Rock outcrop is limestone.
Included in mapping are small areas of Dateman soils,
generally in depressions. These areas make up 5 to 15
percent of the map unit.
This association is used mainly for limited grazing and
wildlife habitat.,
The native vegetation is mainly needlegrasses, wheat -
grasses, and serviceberry.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion.
Elk, deer, black bear, and grouse find habitat on this
soil.
Community development and sanitary facilities are lim-
ited by slope and depth to rock. Special design is
needed to overcome these limitations.
Thi.. association is in capability subclass Vlle, nonirri-
gated.
65—Torrlfluvents, nearly level. This broadly defined
unit consists of deep, well drained to somewhat poorly
drained, nearly level soils on flood plains adjacent to the
Colorado and Roaring Fork Rivers and their major tribu-
taries. Slope is 0 to 6 percent. The soils formed in
alluvium.
These soils are stratified and vary widely in texture
and depth. The surface layer ranges from loamy sand
and fine sandy loam to silty loam and clay loam. The
underlying layers are generally sandy loam or loam strati-
fied with sand, gravel, and cobbles. In some areas gravel
and cobbles are on or near the surface.
The water table fluctuates between depths of 2 and 4
feet and in some years is near the surface during spring
runoff from snowmelt. These soils are subject to brief,
occasional flooding late in spring and early in summer.
Included in mapping are small isolated areas of Wann
soils that have slopes of 1 to 3 percent. Small areas of
soils that are moderately to severely affected by alkali
are identified by an alkali spot symbol. Small, isolated
areas where water stands at or near the surface all year
are identified by wet spot and marsh spot symbols.
These areas make up 15 percent of the map unit.
These soils are used for wildlife habitat, recreation,
and some grazing.
The native vegetation is mainly cottonwood, willow,
tamarisk and water -tolerant grasses, sedges, and rushes.
In many areas these soils are suited to production of
Fremont cottonwood. The soils are capable of producing
230 board feet of timber per acre from a fully stocked,
even -aged stand of 40 -year-old trees.
Where these soils are accessible, they provide shelter
and forage for livestock.
Mule deer, cottontail rabbit, coyote, bobcat, ducks,
geese, and other native birds find food and shelter on
these soils. Where feasible, planting food plots, trees
and shrubs, and nesting cover enhances the habitat for
upland wildlife. Where the water table is high, open
water for waterfowl and fish can be developed by blast-
ing or by excavating.
These soils have potential for recreation. Wildlife is
abundant, and the nearby rivers can be used for rafting
and canoeing. Community development is very limited by
flooding, the seasonal high water table, and variable
texture. Onsite investigation is necessary.
These soils are in capability subclass Vllw, nonirrigat-
ed.
l�
f
WRJ•S•Rrv. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
CO' RADO DIVISION OF WATER RESOUp'ES
818 nisi Bldg., 1313 Sherman St., Denver, Colora080203
PERMIT APPLICATION FORM
( x) A PERMIT TO USE GROUND WATER
( x) A PERMIT TO CONSTRUCT A WELL
FOR: ( x) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO.
( )OTHER
WATER COURT CASE NO
(1) APPLICANT • mailing address
NAME RoseMarie Clas
STREET P. 0. Box 5172
CITY Aspen, CO 81612
(sate) (Zip)
TELEPHONE NO 3Q3-9L5—D66n
(2) LOCATION OF PROPOSED WELL
County GrIrf i rz,1 rl
NE of the NE 14, Section 18
Twp. 5 S, Rng. 8 9 W 6th P M
(N.S) (E.WI
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water
to be appropriated facre•feet) • 1 1/2
Number of acres to be irrigated: 0
Proposed total depth (feet) • 100
Aquifer ground water is to be obtained from:
Alluvin — Gravel
Owner's well designation R.G. We ll # 2
GROUND WATER TO BE USED FOR;
( ) HOUSEHOLD USE ONLY . no irrigation (0)
x) DOMESTIC (1) ( ) INDUSTRIAL (5)
x) LIVESTOCK (2) ( ) IRRIGATION (6)
) COMMERCIAL (4) ( ) MUNICIPAL (8)
OTHER (91
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
A Colorado licensed Driller
(State) (Zip)
Telephone No. Lic No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. /
Basin Dist.
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY
(STATE ENGINEER)
I.D.
COUNTY
(5) THE LOCATION OF T. PROPtsSED. WELL and the area on
which the water will be used must.be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
••4.--- 1 MILE, 5280 FEET 4-1
-1- -+- -1- + + + + -�
2
J
2
0
1-
U
W
N
1-
N
w
NORTH SECTION LINE
I
1
1
x
I
1
1 i
I
_ 1
I
l
SOUTH SECTION LINE
+ 4- 4
1
m
N
N
m
n
1
4 -4- -I-
I
---
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6W4E WELL MUST BE LOCATED BELOW
by,distances from section lines.
250 ft. from
1100 ft. from
North sec. line
(north or south)
East
(east or west)
LOT BLOCK FILING
sec line
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner RoseMarie Glas
No. of acres 40 Will this be
the only well on this tract? yes
(8) PROPOSED CASING PROGRAM
Plain Casing
7" in. from I1 ft to 14 ft
h" in from 19 ft. to 75 ft
Perforated casing
6"
in from 75 ft to 100 ft
in from ft to `t
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second Icfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it.
N/A
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): n qcsMari p (;1 ac
Legal description:
NE 1/A NE 1/A Sec 1R, TSS, $ RQW of 6th P M
No. of acres: 40
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
nomegtir ttse, three (3) siDg1' fa�t41• li-Ag$, water stock, irrigate one (1) acre
or less. Approved septic system to be installed.
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
N/A
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
RUE TO THE BEST OF HIS KNOWLEDGE.
,
SIGNATURE OF APPLICANTS)
Use additional sheets of pa-- if more space is required.
WRJ•5•Rev. 76
Application must
be complete where ( x) A PERMIT TO USE GROUND WATER
applicable. Type or (x) A PERMIT TO CONSTRUCT A WELL
print in BLACK FOR: ( x) A PERMIT TO INSTALL A PUMP
INK. No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO
initialed. ( ) OTHER
WATER COURT CASE NO
COADO DIVISION OF WATER RESOUS
818 Cen nnlal Bldg., 1313 Sherman St., Denver, Coloraa0203
PERMIT APPLICATION FORM
(1) APPLICANT - mailing address
NAME
STREET P. 0. Box 5172
RoseMarie Glas
CITY Aspen, CO 81612
(state) (ZIP)
TELEPHONE NO
303-945-0660
(2) LOCATION OF PROPOSED WELL
County
Garfield
NW % of the NE 74 Section 18
Twp._ _, Rng R 9 �,
IN,SI (EMI
6th P.M
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 1 5
Average annual amount of ground water 3
to be appropriated (acre-feet)•
Number of acres to be irrigated: 1
Proposed total depth (feet): 100
Aquifer ground water is to be obtained from:
Alluvia; gravel.
Owner's well designation R - G - we] 1 # 1
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(x ) DOMESTIC (1) ( ) INDUSTRIAL (5)
(x) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
1 1 OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
A Colorado licensed Driller
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
G_nr•!DITIONS 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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I•D. COUNTY
(5) THE LOCATION OF TISPROPOSED WELL and the area on'.
which the water will be us dst.be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ — -}- — -}- — — - I- — + — -F — ± —
;4 1 MILE, 5280 FEET ---*1 1I
- + + ± + + + I
I � 1
+
—
— NORTH SECTION LINE + —
I
I
I
x
I
�
= - -IHI 1
I
- -I•- -
I
I
(T+ NORTHw m +
Z D
= N
2 N 1
O m
+ -t-
0o
—+-
w O
r
N
I
4- — + SOUTH SECTION LINE +
I
+ + + -,
+
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6411E WELL MUST BE LOCATED BELOW
,,distances from section lines.
660 ft. from North sec. Zine
(north or South)
1980 ft from East sec. line
(east or west)
LOT BLOCK FILING x
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner RoseMarie Glas
No. of acres 40 Will this be
the only well on this tract?
yes
(8) PROPOSED CASING PROGRAM
Plain Casing
in from +1 ft to 19 ft.
6" in from 19 ft to 7 S ft
Perforated casing
h"
in from 79 ft to 1 nn ft
in from ft to `t
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
N/A
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): RoseMarie Glas No. of acres: 40
Legal description: NW 1/4 NF 1/4 Ser 18, TSS, R 29W of WI p M
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposai
syDomestic used.
three (3) single family dwellings, water stork, irrigate one (1)
acre or less. Approved Septic System to be installed Septir & Teach field
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)
N/A
Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
RUE TO THE BEST OF HIS KNOWLEDGE.
T-l6uA..4-u
SIGNATURE OF APPLICANT/SI
Use additional sheets of paper if more space is required.
w 1
Before the Board of County Commissioners of Garfield County,
Colorado
Petition for Exemption
I Rosemarie Glas respectfully petition the Board of County
Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of a 80 acre tract of land into 5
tracts of approximately 12 acres each, more or less, for
future conveyance of said parcels to the public.
Petitioner:
Rosemarie Glas
7
FEB tl 3 1994
C;ARRELJ (.uUNTY
January 31, 1994
Mr. Dave Michaelson
Planning Dept., Garfield County
109 8th Street, Suite 303
Garfield County Courthouse
Glenwood Springs, CO 81601
Dear Sirs:
I recently received a letter from River Ranch Properties
concerning an application for a subdivision exemption by Rosemary
Glas. I plan to attend your meeting on the 14th of February,
1994 to voice some concerns that I have concerning the proposed
subdivision.
My father, Malcolm C. Jolley, died on 2 June, 1993. One of
his ranches is located in East Canyon Creek (or Keyser Creek as I
know it). At the present time, we are still settling the estate.
I, M. Carter Jolley, am personal representative for the estate
and am voicing the following concerns to this proposal on the
behalf of the estate. Please see attached copy of appointment by
the court.
The estate owns a substantial amount of property bordering
Rosemary Glas. She borders our ranch on the North in Section 18
and on the South on the line between Sections 13 and 24.
Rosemary Glas and the Jolley Ranch have a good relationship.
We both try to be good neighbors and the Jolley's plan to
continue to do so. This letter should not be misconstrued as a
protest to the River Ranch Properties proposal. This letter is
written to voice concerns that we have and want the County
Commissioners, Planning Department, and the subdivision planner
to clarify.
Our concerns are as follows:
1. The subdivision planners gave a description of the
property in Exhibit "A" to be located in Section 19 and
24. After reviewing the application, the sketch in the
application involves property in Section 18. This
matter needs to be clarified. I asked Rosemary Glas
about the property they wanted to subdivide and she
said it was an 80 acre parcel that borders the Jolley
Ranch on the North. This property, after reviewing
-33-
-2 -
maps, is in Section 18. The proposed sketch does not
match the legal description, in my opinion, and must be
clarified.
2. The subdivision sketch, submitted by the subdivision
planner, does not show or make any mention of the
"Keyser Ditch(s)" which crosses the 80 acres to be
divided. It does not show the "Keyser Ditch(s)"
wasteways or spillways. The "Keyser Ditch(s)", which
is part of the Jolley Ranch, dates back to June 1910
and has adjudicated water rights. This ditch(s) has a
"Prescriptive Easement" according to Colorado Water
Law, across the 80 acres to be divided. The
subdivision planner should locate the ditch(s),
wasteways and spillways, on his sketch and propose any
culverts, ditch reinforcements, or any other necessary
constructions to protect the ditch(s) from damaging a
dwelling in the proposed subdivision. Subdividers
shall not construct destructions or interfere with
access or maintenance of the "Keyser Ditch(s)". This
should be done by the subdivision planner and they
should be held liable for any damages caused by the
"Keyser Ditch(s)" due to any misplanning on their part.
The owner of the ditch(s) or heirs or assigners should
not be held responsible. This matter needs to be
clarified and the subdivision planner should show by
sketch the "Keyser Ditch(s)", wasteways and spillways
in relationship to building sites and well sites along
with any necessary proposed ditch culverts or bridges.
3. The county road, which is shown on the subdivision
planner's sketch, crosses the Jolley Ranch for
approximately 1 mile, South to North before it reaches
the Glas property on the North end. At present the
county road maintenance ends at the South End of the
Jolley Ranch where the county has spent a large sum of
money developing a snowmobile parking lot and snowplow
turnaround. The road from the turnaround to the Glas
subdivision has underwent lengthy litigation. In about
"1960", the courts ruled that the gates on both the
South End and North End of the Jolley Ranch, where the
road crosses, should remain open. This made the fences
on the North and South meaningless. At present, it is
open range, but due to increased traffic, we think it
is Garfield County's and/or the subdivision planner's
responsibility to construct and maintain cattle guards
at the South and North ends of the Malcolm C. Jolley
Ranch, where the county road crosses, in accordance
with Garfield County Specifications. If cattle guards
are unacceptable, it will require approximately one
mile of fence on the West side of the County road.
-3 9 -
-3-
4. There is a fence on the East side of the "so-called"
county road crossing the Jolley Ranch. This fence was
built in the late 1920's by my grandfather, Henry C.
Jolley, to keep sheep in irrigated meadows. At the
time the fence was built, the road was a trail and
wagon road. Should the county start to maintain the
road and bring it to Luunty specifications,
considerable damage will be done to the fence, as in
some cases it is built next to the road. Also, damage
may be done to the irrigated meadows due to drainage
problems. Garfield County would be held liable for
these problems as the road was adopted after the fence
was built and the fields were developed. If necessary,
we will pursue every legal avenue available to hold
Garfield County responsible for damages to our fences,
ditches, or irrigated meadows.
In summary, I plan to attend the meeting on the 14th of
February and may bring maps and sketches. I hope we can all work
together. I am not against the subdivision proposal, but feel
property rights of adjacent landowners must be protected at the
same time.
Assuring you of my best cooperation at all times.
enclosures
ccs: Elmer "Buck" Arbaney
Arnold Mackley
Marion Smith
Rosemary Glas
River Ranch Properties
7
M. Carter Jo ley
Personal Representatives
Malcolm I. Jolley Estate
P. O. Box 284
Glenwood Springs, CO 81601
3'.•
STC
4563 111 NW
290 (ADAMS LAKE)
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r %. "•. ISEALI
H JNKLE'Y I . BROWN, II
ZV INIA HRO"11144) 6162101/-'. ISEAL'
RalERTS
C-Tt41S1 .OE' ME _ . I SEA LI
BRINKIEY B. HRCWN TRUST
1'+a(urtem atknnrlmr lbm.mvmrtlu* 12th dayof I4ay
it' 8e 1.' HR1NKIEY M. !31( N1, 11I /WU VIRGINIA HRWWN MODEMS, AS co-Tf& 1DS.. Q'
THE HRINKtn•Y H. 'I31(W 'PRLST
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1't►WN!iItr R stroll, hANi;F. 99 WF.ftT, ;;'111
-SECTION 4: Lnt, 1. S 1NIlh, NWNSW'
SECTION 1 N : NIINFN
ar:r•rIi/N I1: Iota 1 And 4, t !iWl , NW1,NW4, NE4
1''riRt^wir S t":t1111, PANr:F AIS WEST, rmi r.li.
SECT1r'N 21: Lott 1 awl 1
'i'4WNS1(tr c 3r1U'111, RANGE 90 NEST, A111 r.H.
^FY T1oN 24: r',PIW',, NEN. NEVEM
r:)UNTY. Or ' ARF1ELD
STATE .OF CnLr)RADf
Together with any and all well, spring, pond, ,:^servoir And
ditch structures, water rights and water resources, appurtenant
to, used upon or in any way benefitting the above-described real
property including, but n'it by way of limitation, the following
no-cifirnI.ly described water right;,:
A. The Warner. Ditch (WD39) Priority No. 143E water right
originally decreed for 0.4 cfs in C.A. No. 1148, on November
2.2, 1.905, wi.r.h an appropriation date of June 1, 1889;
P
The Warner. Ditch (WD39) Priority No. 291 water right, -
originally' decreed for. 4.65 cfs in Case No. W-89, on Novem-
ber 10, .1966, with an appropriation date of June 1, 1920;
The Lewis tlo. 1. Ditch water right originally decreed for
0.44 cfs, conditionally in C.A. 1148, on November 22, 1905,
with an appropriation date of June 1, 1895;
D. The. Lewis No. 1. Ditch water right originally decreed for
0.16 cfs, ronditior.ally in C.A. No. 1148, on November 22,
1905, with an appropriation date of June 1, 1905;
E. The Lewis No. 1 Ditch (WD39) Priority No. 289 water right
originally decreed for 1.01 cfs in C.A. No. 4.`14, on Novem-
ber 22, 1966, with an appropriation date of June 1, 1920:
F. The Lewis No. 2 Ditch (WD39) Priority No. 154882 water right
originally decreed for. 0.04 cfs in C.A. No. 1148, on Novem-
ber 22, 1905, with an appropriation date of June 1, 1895:
c;. The Lewis No. 2 Ditch (WD 39) Priority No. 290 water ri.gr:t.s
originally decreed for 1.1 cfs in C.A. No. 4914, cn November
10, 1966 With an appropriation date of June 1, 1920:
. 1'. The Buster No. 1 Ditch (WD 39) Priority No. 287 water right
originally decreed for 1.48 cfs in C.A. No. 4914, on .Novern
her. 10, 1966, with nn appropriation date of June 1, 1929;
r.
1. The Possum No. 1 Ditch (WD39) Priority No. 288 water right
originally decreed for 2.14 cfs in C.A. Ho. 4914, on Novem-
ber 10, 1966, with an appropriation date of June 1, 1920.
Sched: 030083
Dist: 003 Twn: 2119 Sec: 18
F_Name: RICHARD C. 1/3 &
L_Name: JOLLEY
LOUISE 2/3
Address: 1288 - 245 RD
City: NEW CASTLE
Property Street #:
Tax Code: 4147 Property type:
Sub Code: Subdivision_:
TT1_Land$: 480
Acres: 118.510
Sq_Ft: 0
Land Actual $: 1,660
Impr Actual $: 6,810
Yr Built: 16 Tax Cert#:
Comments:
Qs: 1B1k: 00 Lot: 035
Name_2: JOLLEY, RICHARD C. & MARY
St: CO Zip: 81647
Street:
GRAZING LAND -AGRICULTURAL Tax Ratio: 29.00
TTLImprov$: 980
Sched: 030006
Dist: 003 Twn: 2119 Sec: 18 Qs: 1B1k:
F_Name: DAVE JR. & COOPER, KATHRYN C.
L Name: FORCE
Address: 0160 - 160 ROAD
City: GLENWOOD SPRINGS
Property Street #:
Tax Code: 520 Property type:
Sub Code: Subdivision_:
TT1_Land$: 1,450
Acres: 1.490 Sq_Ft: 0
Land Actual $: 5,000
Impr Actual $: 0
Yr Built:
Comments:
Tax Cert#:
Tax Cert Year:
00 Lot: 007
Name_2:
St: CO Zip: 81601
Street:
1 AC TO L/T 5 AC
TTL_Improv$: 0
Tax Cert Year:
Tax Ratio: 29.00
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NUMBER 12
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Book#249
Recorded at... 9.140...o'clock.A M. Apr,17 1950 Page '537
Reception iti.7.1828 Chas. $. .Keegan Recorder
THIS DEED, Made.this loth
our Lord one thousand nine hundred and fifty,
day of
between
01*
April, in the year of
CHARLES H. CLARKSON and EVELYN CLARKSON,
of the 'County of Garfield and State of Colorado, of the first part,
end
BRINKLEY B. BROWN,
of the County of Harr18 and State oV IRMR. of the second part;
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of
One Dollar ($1.00) and other valuable considerations,
to the said part lee of the first part in hand paid by the said part of the second part, the
receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and con-
veyed, and by these presents do , grant, bargain, sell, convey and confirm unto the said part y
of the second part,hl8heirs and assigns forever, all the following described lot a or parcel B
of land, situate, lying and being in the
County of Garfield and
State of Colorado, to -wit:
The Northeast Quarter of the Southwest Quarter (NE}SW*),
Lots Three (3 and Four (4), the Northwest Quarter of the North-
west Quarter (NW*NW*) and the Northeast Quarter (NE}), of Section
Nineteen (19), Township Five (5) South, Range Eighty-nine (89)
West of the Sixth (6th) Principal Meridian. Also, Lots One (1)
and Three (3), Section Twenty-four (24), Township Five -(5) South,
Range Eighty-nine and one-half (89*) West of the Sixth (6th)
Principal Meridian. Also, the East Half of the Northwest Quarter
(E*NW*), the South Half of the Northeast Quarter (BANE.), the
North Half of the Northeast Quarter (N*NE*) and the Northeast
Quarter of the Southeast Quarter (NE*SE*), of Section Twenty-four
(24), Township Five (5) South, Range Ninety (90) West of the
Sixth (6th) Principal Meridian.
Together with any and all ditch and water rights belonging
to, used upon or in connection with all the lands above described,
including but not exclusively, the Warner Ditch, taking water
from the
including,
Fork of Canon Creek and its water rights; The Lewis
No. 1 Ditch, taking water from Possum Creek and its water rights,
and the Lewis No. 2 Ditch, taking water from the East Fork of
Canon Creek and its water rights.
Also, together with any and all improvements situate upon the
lands above described, or any part thereof.
No. 832. WARRANTY DEED. —Th. Rasa ord-Bobinaos Pls. Cw tlLa. aoawon'• Lord alar., tttt !tont at. Doom. cola
a
•
Book 2249„
TOOETHEE wwith all and singular the hereditaments and apportenanoes thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, henna and
profit thereof= and all, the estate, right, title, interest, claim and demand whatsoever, of the said
paFt ie e - of the first part either in law or equity, of, in,and to the above bargained premises, with
the hereditaments and appurteuancea... f
TO HAVE AND TO HOLD the said premiaes above bargained and described, with the appurte•
nancea onto Brinkley B. Brown,
the said part 7of the second part , hl s heirs and assigns forever.
And the said Charles A. Clarkson and Evelyn Clarkson,
for them sel vee, thelrheira, executors and administrator,, do covenant, grant, bargain
.and agree to and with the said part xc: of the second part, his heirs and assigns, gas, that at the
time of the enaealing and delivery of these presents '' they are well seized of the premise,
above\ conveyed, u of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee
•
simple, end ha VC good right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form aforesaid, and that the same are free and clear from all former and other
grants, bargain•
s:sales, liens, taxes, assessments and,inonmbrancea of whatever kind or -nature surer.
Except, a= deed of trust given by Charles -H: Clarkson. and Evelyn.,
Clarkeo;-to ..the+ Pubilo:Trustee;'of'aarfield,.Coui;ty, Colorado,, whish'
appears as Document'No.:i159a93, reoordedi'.inxthesoffice of the :<
Clerk and. Recorder of Garfield,' County, C9.grado,: in Book" 224 at
Page 12,;thereot, which deed. oe.,trust: tbs. grantee . herein. assumes
and •agrees;to pay 4. '; a' .
Book 249
and the above bargained p eiiese$ >a9
the quiet and peaceable possession of the said part y of the second parthie heirs and
assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said partes of the first part shall and will WARRANT AND FOREVER DEFEND..
IN WITNESS WHEREOF, The said part lea of the first part ha ve hereunto set their
hand 8 and seal 8 the day and year first above written.
Signed, Sealed and Delivered in Presence of
.� c..�.:.n.. s- .[SEAL)
..... C3.s�t4n4!e -$1 ..........[SEAL]
[SEAL]
[SEAL]
STATUTORY 1CRYOWL!OYCNT. aessioN 1117
STATE OF COLORADO,
County of Gartleid.
The foregoing instrument was acknowledged before me this 10th day of April,
1950 ,by CHARLES H. CLARKSON and EVELYN CLARKSON.
.VrogasAmsyy band. and official Beal.
.o rAfy4opivabiK4s'mires September 3rd,1950.
3 a,{l alb �1
+ se
;, �o1.` Notary Pohl
.iifi
1a��M��1jrr.t jeraon or Demons hue Insert name or names; 1r by glean .0001 n representative or Official eap.clty or es
emery Nen Insert name of ;ewe= 00 executor. attorney -In -fact, or other oap.olty or description; If by officer of
.
t0epar%tl.. then Insert name Of much officer O[ officals, .. the pre.idoot Or other officers Of .nrh corporation...otos it.
United States Forest White River Rifle Ranger District
artment of Service National 0094 County Rd 244
riculture Forest Rifle, CO 81650 s�-v;x
R ie.°
LiAl-ii:ELD COUNTY
Mr. Mark Bean
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, CO 81601-3303
Dear Mr. Bean:
Reply to: 5460/1600
Date: April 4, 1994
We will be unable to attend the continuation hearing on the Glas subdivision
April 5th. Therefore, we are forwarding the following comments for your
consideration.
On Tuesday, March 29, 1994 the Forest Service met with Mr. Rudy Steele and Ms.
Glas at the Keyser Creek Trail. We looked at re-routing approximately 150 feet
of the trail. The section of trail to be re-routed would be from the trailhead
on. The Forest Service does not have any objection to this reroute provided
the following conditions, discussed with Mr. Steele and Ms. Glas are met. The
new portion of trail should be surveyed after it is built. Ms. Glas will
arrange for the construction of the new trail, however the Forest Service will
be happy to come and and meet with her to flag in the exact location. A new
deed will be prepared and signed giving the United States Government a 10 foot
right-of-way. At that point, the Forest Service will terminate the old deed.
If there are any questions please do not hesitate to contact myself or Cindy
Hockelberg at 625-2371.
Sincerely,
TERRY K. WOOD
District Ranger
cc: Mr. Rudy Steele
Ms. Glas
Mr. Mike Mottice, BLM
Caring for the Land and Serving People
FS -6200-28 (7-82)
40.121678
F.
Adjustment, White River
(Stations.)
Rights of Way Admin.
Kaiser Creek Trail
F.S. 'P -D-2
Received
• Aug: 13, 1935
Lands
RIGHT OF WAY DEED
KNOW ALL"MEN BY THESE PRESENTS, That I --Mrs. Rose E. Boland-- of the County of Garfield
State of Colorado, in consideration of one dollar ($1.00) to me in hand paid, and other
good and valuable considerations, the receipt whereof is hereby duly acknowledged, do
hereby grant, bargain, sell and convey unto the United States of America an easement
and right of way, in gross over and across the following described tracts or parcels
of land, situate, lying and being in the County of Garfield, State of Colorado, to -wit:
The N2 NE4 Section 18, T. 5 S. R..89 W., 6th P. M.; and more particularly described as
follows:
A strip of land extending five (5) feet on each side of a line beginning at a point
from which the north quarter corner of Section 18, T. 5 S. R. 89 W., bears N. 38 degree
W., 12.60 chains,
Thence N. 82 degrees E., 1.00 chain.
thence S. 38 " 30minutes E., 2.00 chains
thence S. 77 " 30 " Wi., 2.00 "
thence N. 56 " 30 ' " E., 2.00 "
thence N. 59 "E., 2.00 "
thence N. 55 " E. 1.32 "
thence N. 31 " 30 " E., 1.00 chain
thence N. 60 " 30 " E., 2.00 chains
thence N. 34 " E., 1.00 chain
thence S. 64 " 1., 0.75 "
thence N. 66 " E., 2.00 chains
thence N. 37. " E., 1.00 chain
thence N. 81 " 30 " E., 2.00 chains
thence N. 77 " g., 1.21 "
thence N. 52" E. 1.00 chain.
thence S. 88 " E., 1.00 "
thence N. 47 " E., 1.00 "
thence N. 45 E., 0.75 "
thence N. 21 30 "E., 1.00 "
thence N. 80 " E. 0.69 "
thence N. 37 " E., 1.27 chains
thence N. 10 " E., 0.51 " to the north line of
Section 18, T. 5• S. R. 89 W. 6th P. M., at a point from which the northeast corner of
Sec. 18, bears East 9.60 chains, together with all and singular the rights and privi-
leges thereunto belonging or in any wise appertaining.
Said right of way hereby granted is for the use as a trail by the grantee, its officer
agents and employees, and the public generally.
This grant shall be effective so long as said easement actually shall be used for the
purposes above specified and all rights hereunder shall revert to the owner of the lan
• as soon as the said use thereof shall be abandoned and discontinued.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of August, 1935.
Signed, sealed and
delivered in the
presence of
R. 0. Taylor
Witness
M. J. Mayes
Witness
STATE OF COLORADO )
COUNTY OF GARFIELD
) SS
Rose E. Boland (Seal)- 'rt;,,
I, Marcus J. Mayes, a Notary Public in and for said County of Garfield, State of
Colorado and residing therein, duly commissioned and sworn, my commission expiring
Jan 17, 1987, do hereby certify that on this 6th day of August,'1935, before me
personally appeared Rose E. Boland to me known and well known to me to be the person
described in and whose name is subscribed to and who executed the within foregoing
instrument and acknowledged that she executed the same as her free act and deed and
for the consideration:, uses and purposes therein set forth.
Witness my hand and official seal, at my office in -said County and State the day and/
year in this certificate first above written.
Marcus J. Mayes
Notary i'ublic in and for the
County of Garfield,'State of _
Colorado.
Approved as to execution
W.C.T.
,FILED FOR RECORD SEPT 10, 1935 at E.20 O'CLOCK P. M.
'Walter J.,Frost, Recorder.
Chas. S. Keegan, Deputy
nited States
partment of
•
BAR 2 1 1994
GARFIELD COUNTY
Mr. Mark Bean
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, CO 81601-3303
Forest White River Rifle Ranger District
Service National 0094 County Rd 244
Forest Rifle, CO 81650
Dear Mr. Bean:
Reply to: 5460/1600
Date: March 18, 1993
This letter is regarding the proposed subdivision of the Glas property located
in Section 18, T.5 S., R.89 W., 6th P.M., up East Canyon Creek. While the U.S.
Forest Service is not an adjacent landowner, we have a deeded right-of-way for
the Keyser Creek trail, located on the proponent's property. Therefore, I
offer the following statements for your scheduled March 21, 1994 public
hearing.
The Keyser Creek trail begins in the center of section 18, runs northeast onto
adjoining Bureau of Land Management land and returns to private land. The U.S.
Government holds a deeded right-of-way, Reception number 1.21678�for this trail
on the private lands. The right-of-way is for a well used trail accessing
National Forest. The right-of-way must be protected and the use and enjoyment
of this trail not compromised. The rough sketch map submitted in the
proponent's application appears to place the trail near the building sites.
The current, deeded right-of-way does not allow for a formal trailhead to be
developed. Historically, hikers have parked on the side of the County road, in
the County right-of-way. The road is one-laned at this point. The proposed
sketch map appears to place the access road through the center of the
trailhead. We have some safety concerns with congestion and the parking
situation. We would strongly recommend an additional easement be granted to
Garfield County for a parking area.
If it appears the current trail location would not work with the proposed
subdivision, the U.S. Government would be willing to terminate our deeded
right-of-way under three conditions. First, a new trail alignment must be in a
location that meets the needs of current trail users, and is practical to
construct. Second, the proponent must pay for the costs of construction.
Third, a new deeded right-of-way for a trail and trailhead must be granted to
the United States of America, before any relinquishment would be made.
If you have any questions or desire further information please do not hesitate
to contact Cindy Hockelberg or myself at 625-2371.
Sincerely,
TERRY
Distri
WOOD
Ranger
Caring for the Land and Serving People
FS -6200-28 (7-82)
i
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Rm. 715
Denver, Colorado 80203
Phone (303) 866-2611
FAX (303) 866-2461
Dave Michaelson
Garfield County Planner
109 8th Street, Suite 303
Glenwood Springs, CO 81601-3303
Dear Dave:
Gi4S: r 1a .9_ '
NDEPARTATURALMENT OF
RESOURCES
Roy Romer
Governor
Ken Salazar
Executive Director
Michael B. Long
Division Director
Vicki Cowart
State Geologist
and Director
March 11, 1994
I have enclosed a copy of the Geologic Map of the Southern Part of the Glenwood
Springs Quadrangle for you. Our proposal to the USGS for 1994 is to complete the
geological map of the entire Glenwood Springs quadrangle and the adjacent Shoshone
quadrangle. We will publish the Glenwood Springs quadrangle as a final color map in early
1995. We also plan to digitize the geology on both quadrangles during the fall and winter
of 1994-1995.
We realize that the Cattle Creek quadrangle is a high priority area considering the
continuing population growth and development in that area. Our long range plans include
the geological mapping of the Cattle Creek quadrangle in 1995.
The CGS thanks you and the entire staff at Garfield County for your support of the
geological mapping program.
cerely,
ames A. C i
Chief, Mi rals and Mineral Fuels
i
cc. w/o enclosure: Mark L. Bean
• �-
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area
50629 Highway 6 and 24
P.O. Box 1009
Glenwood Springs, Colorado 81602
March 10, 1994
Mr. Mark Bean
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, Colorado 81601
Dear Mr. Bean:
kv
rAR1.. 1994,
IN REPLY REFER TO:
1785g
(7-880)
In response to the proposed Glas Subdivision located in Township 5 South,
Range 89 West, Section 18, N)NEi4, Sixth P.M. up East Canyon Creek, I offer the
following statements for your scheduled March 21, 1994 public meeting.
Portions of the Glas parcel are adjacent to public lands administered by this
office. Current uses on'the BLM include livestock grazing, wildlife habitat,
and dispersed recreation such as hunting and hiking. The area serves as
winter range for mule deer and elk.
1. Keyser Creek Trail (USFS *1844) traverses along Keyser Creek crossing the
Glas parcel and adjacent Bureau of Land Management lands. A right-of-way has
been granted to the United States of America for the use and enjoyment of this
trail. The USFS, Rifle Ranger District should be contacted to address
concerns regarding this trail and trailhead contingencies as it relates to the
Glas property.
2. The proponent should be aware of the location of property boundaries to
ensure no encroachment occurs on public land. Should any fence construction
be considered along a BLM boundary, the fence standards should allow for easy
passage by big game, i.e. less than 42" in height with a 10" kick space
between the top 2 wires.
3. The proponent should be advised that adjacent public land north of the
Glas parcel has current permits for livestock grazing. Under Colorado
statutes, it is the landowners' responsibility to construct, and maintain in
good condition, a lawful fence protecting their property in order to recover
any damages from trespass livestock.
4. Adjacent public land is open to hunting and other recreational uses. The
proponent should be aware that such recreation uses are allowed on BLM
administered land.
5. The proponent should be made aware that all minerals are reserved to the
United States. Therefore, in the future, mining claims could be located and
mineral leases or permits could be issued. Also, use of building stone,
gravel, or any other mineral material from the property would require a permit
from the BLM.
a •
6. We are not aware of the location of utilities for power, telephone, etc.
to the property. If utilities are proposed that would cross public land, the
utility company would have to obtain a right-of-way from this office. An
environmental document would be completed as a part of the ROW permitting
process.
We appreciate the opportunity to comment on this action. If you have any
questions or need additional information, please contact Jim Byers in this
office at 945-2341.
Sincerely,
/ C 1 V5 W Michael S. Mottice
J v Area Manager
cc: Terry Wood, Rifle Ranger District
•
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
February 15, 1994
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Glas Subdivision Exemption
NE1/4, Section 18, T5S, R89W, 6th P.M.
Water Division 5, Water District 39
Dear Dave:
fE '`2 2 1994
1 S;'4
4
RsDo
Roy Romer
Governor
Ken Salazar
Executive Director
Hal D. Simpson
State Engineer
Thank you for referral for a subdivision exemption located northwest of Glenwood Springs.
The applicant is requesting to split an 80 acre tract into five parcels of approximately 16 acres
each. The proposed water supply source for the development appears to be an on-site wells.
The applicant has submitted two well permit applications to our office, dated January 11, 1994,
Receipt #364460 and 364461, for domestic and livestock uses on 40 acre tracts.
Under current policies and statutes, we may issue a household use only well permit for each
of the five parcels, subject to the following conditions:
1. The 80 acre tract has not been previously subdivided or exempted since 1972. We consider
this a one-time exemption and will not make additional permits available for future splits of
the parcels.
2. Although Mrs. Glas has made application for two domestic well permits, those applications
have not yet been evaluated. If domestic permits are issued for the two 40 acre tracts, Mrs.
Irene Green must submit a request to our office to cancel or surrender the two well permits
and request five household use only permits.
3. The new well permits will be limited to use inside one single family dwelling only. Outside
use for lawn and garden irrigation or livestock will be prohibited. Plat notes and covenants
should reflect this limitation.
4. The applicant should provide proof that an evaporative wastewater system will not be
required. We could not issue the well permit if any evaporative system is required.
Mr. Dave Michaelson Page 2
February 15, 1994
5. The well permit applications must be accompanied by documentation that Garfield County
approved the subdivision exemption. We cannot recommend approval of a permit without
this documentation.
Should you have further questions or comments regarding the water supply for this project,
please contact me at the above address.
DJF/df
cc: Orlyn Bell, Division Engineer
Jim Lemon, Water Commissioner
glas.sub
Sincerely,
David J. Fox
Sr. Professional Engineer
'B 0 3 1994
GARF ELJ CULNTY
Mr. Dave Michaelson
Planning Dept., Garfield County
109 8th Street, Suite 303
Garfield County Courthouse
Glenwood Springs, CO 81601
Dear Sirs:
January 31, 1994
I recently received a letter from River Ranch Properties
concerning an application for a subdivision exemption by Rosemary
Glas. I plan to attend your meeting on the 14th of February,
1994 to voice some concerns that I have concerning the proposed
subdivision.
My father, Malcolm C. Jolley, died on 2 June, 1993. One of
his ranches is located in East Canyon Creek (or Keyser Creek as I
know it). At the present time, we are still settling the estate.
I, M. Carter Jolley, am personal representative for the estate
and am voicing the following concerns to this proposal on the
behalf of the estate. Please see attached copy of appointment by
the court.
The estate owns a substantial amount of property bordering
Rosemary Glas. She borders our ranch on the North in Section 18
and on the South on the line between Sections 13 and 24.
Rosemary Glas and the Jolley Ranch have a good relationship.
We both try to be good neighbors and the Jolley's plan to
continue to do so. This letter should not be misconstrued as a
protest to the River Ranch Properties proposal. This letter is
written to voice concerns that we have and want the County
Commissioners, Planning Department, and the subdivision planner
to clarify.
Our concerns are as follows:
1. The subdivision planners gave a description of the
property in Exhibit "A" to be located in Section 19 and
24. After reviewing the application, the sketch in the
application involves property in Section 18. This
matter needs to be clarified. I asked Rosemary Glas
about the property they wanted to subdivide and she
said it was an 80 acre parcel that borders the Jolley
Ranch on the North. This property, after reviewing
• •
-2-
maps, is in Section 18. The proposed sketch does not
match the legal description, in my opinion, and must be
clarified.
2. The subdivision sketch, submitted by the subdivision
planner, does not show or make any mention of the
"Keyser Ditch(s)" which crosses the 80 acres to be
divided. It does not show the "Keyser Ditch(s)"
wasteways or spillways. The "Keyser Ditch(s)", which
is part of the Jolley Ranch, dates back to June 1910
and has adjudicated water rights. This ditch(s) has a
"Prescriptive Easement" according to Colorado Water
Law, across the 80 acres to be divided. The
subdivision planner should locate the ditch(s),
wasteways and spillways, on his sketch and propose any
culverts, ditch reinforcements, or any other necessary
constructions to protect the ditch(s) from damaging a
dwelling in the proposed subdivision. Subdividers
shall not construct destructions or interfere with
access or maintenance of the "Keyser Ditch(s)". This
should be done by the subdivision planner and they
should be held liable for any damages caused by the
"Keyser Ditch(s)" due to any misplanning on their part.
The owner of the ditch(s) or heirs or assigners should
not be held responsible. This matter needs to be
clarified and the subdivision planner should show by
sketch the "Keyser Ditch(s)", wasteways and spillways
in relationship to building sites and well sites along
with any necessary proposed ditch culverts or bridges.
3. The county road, which is shown on the subdivision
planner's sketch, crosses the Jolley Ranch for
approximately 1 mile, South to North before it reaches
the Glas property on the North end. At present the
county road maintenance ends at the South End of the
Jolley Ranch where the county has spent a large sum of
money developing a snowmobile parking lot and snowplow
turnaround. The road from the turnaround to the Glas
subdivision has underwent lengthy litigation. In about
"1960", the courts ruled that the gates on both the
South End and North End of the Jolley Ranch, where the
road crosses, should remain open. This made the fences
on the North and South meaningless. At present, it is
open range, but due to increased traffic, we think it
is Garfield County's and/or the subdivision planner's
responsibility to construct and maintain cattle guards
at the South and North ends of the Malcolm C. Jolley
Ranch, where the county road crosses, in accordance
with Garfield County Specifications. If cattle guards
are unacceptable, it will require approximately one
mile of fence on the West side of the County road.
• •
-3-
4. There is a fence on the East side of the "so-called"
county road crossing the Jolley Ranch. This fence was
built in the late 1920's by my grandfather, Henry C.
Jolley, to keep sheep in irrigated meadows. At the
time the fence was built, the road was a trail and
wagon road. Should the county start to maintain the
road and bring it to county specifications,
considerable damage will be done to the fence, as in
some cases it is built next to the road. Also, damage
may be done to the irrigated meadows due to drainage
problems. Garfield County would be held liable for
these problems as the road was adopted after the fence
was built and the fields were developed. If necessary,
we will pursue every legal avenue available to hold
Garfield County responsible for damages to our fences,
ditches, or irrigated meadows.
In summary, I plan to attend the meeting on the 14th of
February and may bring maps and sketches. I hope we can all work
together. I am not against the subdivision proposal, but feel
property rights of adjacent landowners must be protected at the
same time.
Assuring you of my best cooperation at all times.
M. Carter Jo ley
Personal Representatives
Malcolm C. Jolley Estate
P. O. Box 284
Glenwood Springs, CO 81601
enclosures
ccs: Elmer "Buck" Arbaney
Arnold Mackley
Marion Smith
Rosemary Glas
River Ranch Properties
•
DISTRICT COURT, COUNTY OF filiRFIELD, STATE OF COLORADO
Case No. 3
LETTERS
IN THE MATTER OF ❑THE ESTATE OF
MALCOLM C. JOLLEY, SR., A/K/A MALCOLM C. JOLLEY, A/K/A MALCOLM CARTER
JOLLEY,
XDeceased ❑Protected Person ❑Minor ❑Incapacitated Person
(Name) M. Carter Jolley, Jr.
appointed or qualified by this Court on - _ LI _ c 1
as:
was
X Personal Representative.
❑ These are Letters of Administration. (The decedent did not leave a will.)
X These are Letters Testamentary. (The decedent left a will.)
O Special Administrator in 0 an informal Oa formal proceeding. These are Letter of Special
Administration.
O Conservator. These are Letters of Conservatorship.
O The protected person is a minor whose date of birth is
O Guardian. These are Letters of Guardianship for
O an incapacitated person. 0 a minor whose date of birth is
Appointment or qualification is by 0 court order. 0 will. 0 written instrument.
0
These Letters evidence full authority, except for the following limitations or restrictions, if any:
Date: 7-1"\-(P)
Certification Stamp
Caren L. Seegrist
(Deputy) Clerk or Registrar of Court
CERTIFICATION
or Certified to be a true copy of the original in my
custody and to be in full force
and effect as of:
,•qC14
ate
y) Clerk of Court
This form conforms in substance to CPC 17.REV.11-91
e •
tl