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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 STC 4563 NW 290 (ADAMS LAKE) 292 293 294 90L 186/ 8400 8600 6z6763 ---6200 15236 limns •%t t. Mkt Ht I'kt;!el' I'kE•41•'tm. That )1kiN1(1J7I i . Bfu9N TtstsT GARIFIELD BateA�D�oe I CO Fe4. '6 .1 1S oft hr A1iit County of Celt':lr11•and State oftoloratlo,fur the consideration of 'ifti •01.1.111f; r4 t`111E:it 7100 AND 'JAI I lJ: 1.Ye4` I11:1001(.141---•—••••••••••••••••••••••-'--.'.._..••--« ......... ti . rami r ..m..mrrr••••rwr.:.�rN.w�rr Dollars, st+ Itond ,Neill, flirt -0,y wel:'_;t14 eoterry to pe•si74Nii1 E: a,,As w'hr,ev irtr& nddrr.o, it P.O. Box 5172 I,t Ihr twtict t:ln,nty a,f i'itki.n 81412 and 1 he State of Colorado, • the followinit real prop, y, sltmite to t he &liar) • ('ming• of Garfield and State of cr•ir,l•r11h., tri .1`rri1i.;tQI) "t•:;?(t31iil"' r1" • wit h .,H Ili, atrp.,t l trnun\^rla. knuwrr ses str,,e!cand nllitik'r 251R 137 fickle, Glenwood Springs, Cr) 81601 titKnr►I s,a.l 1It ine•rcd :hie I n t he' pre.;" flee 141 1.x+4, 1 day of STA I'i: n1 rnt.ok:%DNU, w/. enNrlcid t.itrfie1d Pity ,1988 s-/ .,. _;�._. ...._ :r_.. _._. __m.m..._-- ISEALI BfaNKLEY B. BR:1N, II �m ./ I BA illi 1n 51t ,_-ISEALI AS' C -Tl;l]SMS I . TIM ._..(HEAL) BRINKLEY B. MOIR TRUST r fl,reaotyt ulper i- . 1 r'u aeknoa lydr t 1..-.. i. mr t 111p 12tdt dry of t iu 8t1 1. BRINKLEY B. BI4/411, III /NI] VIRGINIA BArWN HCBERJS, AS CO-TRJ.S1£FS.. CF TBE' BRINKLEY B. BROWN '(_ ItLIST ;mrwmhnaalnn expire. q{t 16 . ft•bq /N''i�tneap my hand and offic official moat. .134 * t7t t.� A Int lL . ,kl ARe ••V .:....... • \a, tel. Nit,\n tNtletu t1A�ii .. !Ilrlslnrr rerM Nr..It. ?d t'u41:.h:nR i'n. .' '1t �Yr • 11 "ixittnrr A" 1'r)WNnliir 5 SWIM RANr;F Al WEST, ATH r.H. . ^r.CTION 41 Lot: 1, SyNNh, NWh:;W% !-II,r:'Tt0N 1ta: NyIEN 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. ! Fr lioN 24: F4NW11, NEN, NEIiSFl1 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 r • ro • "' • d I. 6 • • l_ • 4.• :L: 1 I z ; Adjoining 212 3 \ 1.. —F • •.,,,, 4 •• 04,. V.!• 441: ...'tv ''' -- s; , I ...f.• • i n. ... . t ,..!!•A .: .. • • ...r.- • ' 10t • . .. •„ 1 ... ;,s.. • a•• 0 . ..kb. • 0i.., . .... ...it. . ,.;„ . M. I . . 0110. or.,..ftco co •• „, "1;t,., -II • ..:f.4: ”" . . • • 4, • ' . • J.. • ,. , . .... ay.., •••• •••• ••.• •,1 ^. iik i y : • .Ii • 4 •......,. ••11)..104I ' 4'''''1:..,7:.e:;• .. ....,., ... 1 • 0‘.1 , a • di. • • • , . ' • N Iv . '-'''`. - . 4 p . • , V - .. ' . rAti,,t1 " -4. • .. $ L • • • . • 3f. . • ' 1. • • ' li.4 ;..•:• •-• • :t.ltver.4;- ' , ' --..tt }..4 .. " ' ' .. j'"•• '4." .• Jr / i' : .., -7 ... 4 I 7 fir . ,• . I ...• . . 4- ...., r.e,Irs.i, ,.., ..i.: * . . • t.•••/ ),$.' e•ii. 6' 7.‘ pot 1, , * • , . • i • .. `i.• i • P . '.• • • 1.6. ,4/11.111 .s.':'.• .-...... •• • • 4 , • 4 4 - :*.r - ......1 ia74 ..-•••••• ''..-• - ry •.,41j0 P411 . ?... e4i, rd.? ', it 14 1. ., fr, .. ,,,tel.,..4, , • r, .t. .._, p4.1%. .,,,A1 Z quo. in? o" .7, nla• . . P•Mitrtt.hltifirlatitOrt ' 741,918441.tht 4., 1 0. ' ": ; . : : 4.4- ,I* e • ••,. • 0...to )4;9 . " 7 mt • ! 1.4:11.,rillig• • ..'. .1. ...; a.m. . .1 11 to ...... avi. . 444 24. ,••• 1. 100,[atat..04601.911sap•Or,.:411411.10CsOt.CrOp t 0, apa'. 10.,0 R. 891 44. 90 2•• , • 1 1. I - - - S. V *1 0 1 ,1' .1 ' • • .•. ..iVf• "'•'-• •••• 1., • 1 • 1• •• k 74. •..;- • ". • '6'• • • . , •10..., ••• 1141••. 0- ..• -- 4.....\ -• .... ...-. 0. 7 0- ...... ..... -.aj.. • -. . • • • , • - • 11 • • '''!Z . • • 0 NUMBER 12 UJ UJ • 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 .paJinbaioeds aJow 1i J d ;o slaays leuoilippe asfl fS/1NV017ddV dO 3!!nl V(VQ/S '39031MONNI SIH JO 1S38 3H1 01 3fH1 SI NO31:13H H11:10J 13S NOI1WJ IOJNI 3H1 1VH1 (S)31V1S (S)1NV3IlddV 3H1 (EL) pasn yoIgM uo puel;o uoildy3saO (asodind) Jo; pass 146u Jo adAj V/N •sJagwnN ase3 1Jnoj Ja1eM pue uoile4lsi6aa onto •sllaM 6wpnloui 'puel siyl uo pasn S1H911J 1131VM Id3HlO (ZL) lJLdLJ 4-' 'l ? 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'pas up•xoN wOJ; 1; 099 •Bain( uoiloas woJ; saouelsip'Aq M0138 0314301 381Sf1W 113M 3H1 (9) 'sane or sluasaJdaJ aienbs flews 11oe3 alive = Bayou! Z sl we.6eip ay1 ;o oleos an + t t + + -1 3NI1 NO1133S H1f1OS w z J 0 1- w co F w -t 3N11 N01133S H11:JON -im 1 Vl m 0 1 0 z r z m i -I- + + -}- ls— 1333 0S S.311W 1 •u0ileoo) 113M 342 Jo; (sax)! pye 'uoiloas l) NOII03S 831N33 341 9Sfl •Ano(aq wei6e)p 991 uo paleaipu) aq' lsnw pasn aq II!M JaleM ayl 93!9M uo.eare ayl pue 113M 03S0dO1Id 3H1 JO NOILV001 3H1 (9) 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) 292 'G►5 293 AIRWM7 294 y\ 86�5� x.8400 8000 z 6200 6200- 7085 5800 :7; � r, 0 It -retried etried .• /. c O e'Neek ' P .. M., MAY. 11 1991.. kel•+•t.t+"h V.,39190g 111'44.4111414114". Rerr,rdrr. GARh1E1D MAY 12 19$$ h'ttN , i t. Nt t1 THI..s►- I'NI.41.-\ IN. Chat 11kTN1:117, BRANitBRANTRIsi. eat. Dar i fi $ 'FIs S 1S of t he MI io t bunt r of (;ar' ic• 1.f . and St ale of 1 olorttdn, for t he ronslderation nt TEN so L1.'1i* AN; t•litf:FR • XX10 .AND V/ ILARI.r: Cr>tv`'117F:tt1Y1?f.1W �•.•�•••� •�--••��--•�—••-�•• In hand +wain, h/•rfel+y eel, JO rotiveV to 441+I71ARI l (y1.5 ,..._r_ m....:»... attar lows' athlrenit „ i'.(?. Nix 5172 • Aelp'n, Cblotrtr1r #t412 .114, taitl 1..unt'if pltki.n .nnrl111e•Stilt eotColorado. •!he folio,wintrrrall+rulh:rly,SrtuutrInthe sari lwit; .+i .`1`1r1Y,:.7111:I) "T:?Plliil^ A" 4101 .411 ,(r<nphaltenunr Dollars, finally (.f Garfield and State of ult... t Doi% ►rY •2tret!tand aural.*,' 2518 137 ItGlenwnod Springs, CO 81601 .St$01411 t t1.i ,It I'n rt'ed : his I I: t h!'• ( rt•e+;_Pt1ce n! STAT , 11F COLOR .Y(H 1, t'runt}' "( 1.771 Uarf ield (lad tit may .1988 • 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 my comhunnlnn r) pi rt Atiteht. tb . lNrjQ Werner', my hand and affk•iel pouf. Gleii:e44421 416K- . ry er 1 e, tel\IP;„••.. A�.4'IS,r�.�: 1M 1t yu. root r Y.rw ar „I6.M hul,h oun�t,. a ., i• ,, i..,. .. ., e�i.n7�, n �'n ur 1 "t,XI l t (T A" 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 Th• , •• •••••". • ' I• •••• I I: it' 1 g ... .., •4 IC`, . 4,0 44i• c: , il, • -:. 1 .r..f- . ;.2.3.! ..!'t ... tt ...,....1 , • . " 4 ... : 0 . c . Rio SIC (.(i , - • . i•l! iii••• lei . • •*so is.. et.. ..'4* i • _ a • • ' . ,,,,P: • ••• 414.4! . • .• • ••• • ... '3 , ' I i. 11 { , . l• .... 2 kr04 ,. ... ..2,. . • i . .• t,..,—;—,,,,, . .9 . , i ,.. , , . s. .,.. v... it., / v:,a... • ...:..• ... .....; As. ...*:‘ :: ,, '5. .• i'4,, ..'• 4 ' .• 4* z 4 , s • • .... Sr .,, i . . ‘. 4 4, ./. I • / ry . , 'I' , .. . . • %,.. / - • 7 " F,4 v 6 ' "' , 0*.i .. ' td,, -,q - I. I ' . i .0•••.* • • '4 i> , .• • 7 1 —t- 1. i ; ''''..* i ''3 • Y.iV q f• 7,4 ‘ P4= )4 , I • V .-. 2 .. '7•••• • ° •• • • p....5 --- s - i 4, s 1 2 I r• . • . g I ; 0 Pt "4/. /47/ P. ,R4 4 t• r r.-2 , Ati 2 • fr., . a•ral . • J .. ,- •!4; , 1 .: I .0.71;-..-Iral.,-ra,., -,-&--, -3-a. vat -6 4 'TT;Fillo...t1M-r. 9411417/414cMCI. ow.. •• • ..y. ...... -.• *f• I ...i..._ ., ,..,,,T.A 3•4;4•/ 04 fir/4 S. it4Y. • /4 )9 -.. 444 1.4....S., • • ' . : "• t.,—*".' ."" . '-ar--••••••••45° ‘1._,-".-.^2'—'•I 1.4411 8.(1 :: 1 140,1, zi, r •,4, .. 714 ,4' /4 2 ;11, ss.i 23.... 6 4 •rt, k 4 . Of 3A CO 1.••••.• Fear 444 74. 1 1 • 1 I . I i 14401 X 614P OARF111.0 CO PhD si. totwOop sra,wot 0 it as • . , Adjoining 2123 - 1 - A. 89 w 90W • • 1 14, —F •1 1 1 ' •1 • • 1 1 4 a /1 • 00 v 1.7 .7 NUMBER 12 oz as 0 J oCr' c,z wz I- 0 w < J �-x 0 rip to K.� 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