HomeMy WebLinkAbout1.0 Application•
GARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 201
Glenwood Springs , Co lorado 8160 1
•
Telephone : 970 .945.8212 Facsim ile: 970.384 .3470
www.garfield-county .com
Exemption from the Definition of Subdivision
GENERAL INFORMATION
(To be co mpleted by the ap pl ica nt.)
> Street Address I General Location of Property: /(ooO <!.oun ry . R'7ogJ,
301.p Br t<Ac. hut-l-~o &-f (r;,:3,£
> Legal Description of Parent Property: S E(..:f; Tw~ /(Af(J: 3-f1-'f<, DE~C:
S£l 3: NESC..
> Size of Property (in acres) as of January 1, 19 7 3 : _ ....... '/_.f~"""""~"""""'~~._5"--------
> Current Size of Property to be Subdivided (in acres): ~3~&:"--'tG~'~~~s _____ _
> Number of Tracts I Lots Created Including rema inder of Parent Property: 2..
> Proposed size of Tracts I Lots to be Created In cl uding rema inder of Parent Property:
o Lot#: _L_ containing :l,k.Z'f acre s
o Lot#: _2___ containing B. !3 acres
o Lot #: __ containing acres
o Lot #: __ containing acres
o Lot#: __ contain ing acres
>-Property 's Zone District: --------
>-Name of Property Owner (Applicant):_~&~~· ,c_h~4~~ ....... f-=D'---~k .............. n~c:>__,X'-'---___ _
>-Address : /(pc;o Cf< 30~ Telephone :&7D)285:-7~
> City: -?at. ra.c he.-<:+ e. State : L. 0 Z i p Code: ?/"S}"FAX: ___ _
> Name of Owner's Representative , if any (Planner, Attorney):
>-Address: ______________ Telephone : ______ _
> City : _________ State : ___ Z ip Code : ___ FAX: ___ _
STAFF USE ONLY
> Doc . No .: ________ D a te Su bmi tted : _____ TC Da te : ____ _
.. .-CE~ ~ED ~t·? 2 9 iOTh~
• • a plat of a conditionally approved exempt ion until all conditions of appro.val have been
complied with .
9. The App licant shall be required to submit a paper copy of the plat and proof that all the
conditions of approval have been met to the Building and Planning Department at least
twenty-one (21) days prior to the expiration of the 120-day deadline required for signing the
plat by the Board. Th is is to ensure timely Staff review of the materials submitted as well as
proper scheduling the plat to be signed by the board.
10. Once all of the conditions , if any , have been satisfied , an Exemption Plat shall be
presented to the Board for signature within 120 days of approval . The plat shall include a
legal description of the exempted property , and Exemption Certificate, the County
Surveyor's Certificat e and a statement, if four ( 4) lots, parcels, or interest have been
created on the parcel, t hat "NOTE : No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and Recorder no later than
thirty (30) days after the Chairman's signature. The Chairman of the Board of County
Commissioners shall not sign a plat of a conditionally approved exemption until all
conditions of approval have been complied with .
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge .
Date
Last Revised : 11 /15/2002
6
• •
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and __________________ _
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for ____________ _
____________________ (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amende d ,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for th e
administration of the fee structure .
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing th e
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when the y are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication er cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICAJ."\l"T acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Signature
Date: ?-;z.-tf'-t? _?
Print Name
Page 4
• •
To : Board of County Commissioners
From : Michael Knox
Subject: Exemption from the Definition of Subdivision .
This is the reason I am requesting my property to be exempt from a definition of subdivision .
County Road 306 divides off 8 acres from the main property . w hich does not allow for joint use . The
County Road and Bridge wi ll not allow any cattle guards in the County Road. I am not able to fence off
my property to use it for pasturing cattle. The 8 acres across the County Road would not have water for
live stock .
Thank You,
Michael Knox
P.02 /02 NOU-20-2003 10:23 ll~ATER RESOU RCES 303 856 3589
t-orm No. Ut-t-U.;t:. Ut-I Ht TE ENGINEER •
GWS-25 COLORADO DIV1g· N OF WATER RESOURCES
818 Centennial Bldg .. 1313 Sherman St .. Denver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER ----=-25=-4=0=9-=-8 _____ _
UC
APPLICANT DIV . 5 WD 45 DES . BASIN MD
MICHAEL D KNOX
1600 COUNTY ROAD 306
PARACHUTE. CO 81635-
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SE 1/4 Section 3
Township 8 S Range 96 W Sixth PM
DISTANCES FROM SECTION LINES
1985 Ft. from South
1280 Ft. from East
UTM COORDINATES
Section Line
Section Line
(970) 285-9542
PERMIT TO CONSTRUCT A WELL Northing : Easting :
1)
2)
3)
4)
5)
6)
7)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
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 this permit
does not ensure that no injury will occur to anb ther vested water light or preclude another owner of a vested water right from
seeking relief in a civil court action .
The construction of this well shall be in compliance with the Waler Well Construction Rules 2 CCR 402·2, unless approval
of a variance has been granted by the State oard of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18 .
Approved pursuant to CRS 37·92·602(3)(b)(ll)(A) as the only well on a tract of land of 35 acres described as that portion of
the NE 1/4 of the SE 1/4, Sec . 3, Twp , 8 South , Rng . 96 West, Sixth P .M .. Garfield County , more particularly described on the
attached exhibit A.
The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns. and the watering
~d omestic an jm atS
The pumping rate of this well shall not exceed 15 GPM.
The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is retumed to the same stream system in which the well is located .
This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2447-034-00-070
NOTE: Assessor Tax Schedule Number: R005069
APPROVED
MBC
State Engineer By
EXPI RATION DATE Receipt No. 9501616 DATE ISSUED 11-14-2003 11 -14-2005
TDTAL P.02
• • -
COLORADO DIVISION OF WATER RESOURCES ~~~fVED j Fo rm GWS-4 4 (6/2003 )
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone -info: (303) 866-358 7 main: (303) 866-3581
fax : (303) 866-3589 htto://www .water.state .co .us
RESIDENTIAL Note : Also use this form to apply for livestock watering
AUG 1 z,, '03
Water Well Permit Application ~; !:: R RL SOt J i 'C t~ S
Review instructions on reverse side prior to completing form. ~!\I I' F '"A ., i' i;-,
The fonn must be completed in black ink. {'.l t~".J.A
1. Applicant Information 6. Use Of Well (check aQQlicable boxes}
Name of applicant See in structions to detennine use(s) for which you may qualify Jltl ·'"-/,ap I [) k nl'7 K' 0 A. Ordinary household use in one single-family dwelling
Mailing address (no outside use )
lhnn f /Q ~""::?()(, rx 8 . Ordinary ho usehold use in 1 to 3 single-family dwellings:
City
t:fl.d1l c h, \,(_ +.e j Sta te I Zip code Number of dwe llings: 3
1 (O I ~fo80
Te972:# 1.~--9..c;--C/2.
LtJ Home g a rden/lawn irrigation, no) to exceed one acre:
( ·70) area irrigated 0 sq . ft.'A acre
2. Type Of Application (check applicable boxes) ~ Domesti c animal watering -(non-commercial)
Oil Construct new well OUse existing well D C . Livestock watering (on farm/ranch/range/past ure)
0 Replace existing well 0 Change or increase use
0 Change source (aquifer) 0 Reapplication (expired pennit) 7. Well Data (proposed)
OOther: Maximum pump ing rate j Annual amoun~be withdrawn
3. Refer To (if applicable) /fJ ~wm acre-feet
Total depth I Aquifer
Well permtt # i Water Court ca se# feet I i 8. Water Supplier I
Designated Ba sin Determination # Wei name 0<# I Is this parcel within boundaries of a water service area? 0 YES ~NO
If yes , provide name of supplier.
4. Location Of Proposed Well 9. Type Of Sewage System
Counl/] (' t ~1 A_ 1 /-:{_ 1/4 at the $~1kt..114 Ni?;. liJ' Septic tank I absorpti on leach field ·-I
Section 3 I Tfr~cr~ qf,: D'~ I ~tit"'" D Central system: District name:
D V a ult Location sewage to be hauled to : Distance of well lrom section lines (section lines are typically not property lines) J9f3v FttromONOis ;280 Fltrnm~Eow 0 Other (attach copy of engineering design and report)
F0< replacement wels only-distance and direction from old well to new wen 10. Proposed Well Driller License #(ootional : LI:.C
feet direction 11. Signature Of Applicant(s) Or Authorized Agent Wei location address (if applicable} I The making of false statements herein constitutes perjury in the second
Optional: GPS well location information in UTM format I degree , which is punishable as a dass 1 misdemeanor pursuant to C .R.S .
Required settinas for GPS units are as follows : 24-4-104 (13)(a). I have read the statements herein, know the contents
Format must be UTM
I
thereof and state that thev are true to mv knowtedoe .
Zone must be13 Sign here (Must be original siglature) Date
Northing 7!J~.l&t1L -~ ff/tl-ti3 Units must be Meters I Datum must be NA027 (CONUS) I Easting
'J ~/ r;;,u
Untt must be set to true north I Print name & title ' Were points averaged? 0 YES 0 NO I ll7/1t hat I n k11t?.I-' lar1d o (.,(Jfi e r
5. Parcel On Which Well Will Be Located Office Use Only
A You must check and complete one of the following :
USGS map name ! DWRmapno. I Sulface el ev.
0 Subdivision : Name ! I
Lot Block Filing/Unit Receipt area only
0 County exemption (attach copy of county approval & survey):
Name/# Lot#
D Parcel less than 35 acres, not in a subdivision, attach a deed with metes
and bounds description recorded prior to June 1, 1972
0 Mining claim (attach a copy at the deed or survey):
I Name/# I
D Square 40 acre parcel as described in Item 4 I
~ Parcel of 35 or more acres (attach a metes and bounds description °' surwy) i
0 Other (attach metes & bounds description 0< survey and supporting documents) WE
B . # of acres in parcel I C . Aie you lhe owner of this parcel? WR
3~ i 00 YES 0 NO (if no -ke instruct ions) CWCB
0 . Will thi s be Ill e on ly well on this parcel?
I!."' o"''"::··f =-> --TOPO
----
E . State Parcel 10# (option al): MYLAR
SBS DI V WO BA MD
•
34
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
The steep slopes limit community development. Struc-
tures are needed to divert runoff to minimize gullying and
erosion.
This complex is in capability subclass Vie, nonirrigated.
@.Potts-Ildefonso complex, 25 to 45 percent
s. These hilly to very steep soils are on alluvial
nd sides of valleys. Elevation ranges from 5,000 to
6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost-free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soil makes up about 30 percent.
The Potts soil is in slightly concave positions, and the
Ildefonso soil is in the steeper, breaklike areas.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more . Surface runoff is medium, and the ero-
sion hazard is severe.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium to
rapid, and the erosion hazard is severe .
Included with this soil in mapping are small areas of
Morva! and Lazear soils. The Morva! soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is main ly
wheatgrass, needleandthread, and sagebrush . The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass ,
wheatgrass, junegrass, serviceberry , bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing on the Potts soil maintains and
improves the range condition . Properly managing the
vegetation on the Ildefonso soil maintains wood produc-
tion and ground cover . The value for grazing is low
•
SOIL SURVE Y
because of steep slopes and the tree canopy. Firewood ,
posts, and Christmas trees can be harvested from the
more gently sloping areas .
The Ildefonso soil is suited to production of pinyon an d
Utah juniper. It can produce 9 cords of wood per acr e
when trees more than 4.5 feet tall reach an averag e
diameter (at one foot) of 5 inches. The low available
water capac ity affects survival of tree seedlings. Steep
slopes and the severe erosion affect harvesting.
Mule deer, wild turkey , chukar, gray squirrel , cottontai l
rabbit, and some pheasant find habitat on these soils.
Community development is limited by very steep
slopes.
This complex is in capabil ity subclass VIie, nonirrigat-
ed .
60-Rhone loam, 5 to 30 percent slopes. This deep ,
well drained, gently sloping to steep soil is on mountain-
sides and ridges. Elevation ranges from 7,600 to 8,60 0
feet. This soil formed in residuum from sandstone an d
marlstone . The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the average frost-free period is less tha n
75 days .
Typically, the upper part of the surface layer is brown
loam about 8 inches thick, and the lower part is brow n
sandy clay loam about 20 inches thick . The underlyin g
material is brown extremely channery sandy clay loa m
about 24 inches thick. Sandstone is at a depth of 52
inches.
Included with this soil in mapping are small areas of
Parachute and Northwater soils . The moderately de ep
Parachute soils are on smooth ridge crests and wes t -
and south-facing side slopes. The Northwater soils are
on north-facing side slopes . These areas make up about
10 to 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate . Effective rooting depth is 40 to 60 inch es.
Surface runoff is slow, and the erosion hazard is sl ig ht.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation is mainly brome, needlegras s,
and sagebrush. There are small areas of dwarfed asp en,
but they are of little or no commercial value .
When range condition deteriorates, forbs , shrubs, and
Kentucky bluegrass increase . Properly managing graz ing
maintains and improves range cond ition . Se ed ing and
removing brush improve range on les s sloping areas if it
is in poor condition. Intermediat e wheatgrass, slend er
wheatgrass, and mountain or smooth brome are suitabl e
for seeding. Preparing the seedbed and drilling the se ed
are good practices.
Elk , mule deer, coyote, grouse , and rabbit find hab itat
on this soil.
Use of this soil for community development or as a
source of construction material is lim ited by ste ep
slop es.
32 •
55-Potts loam, 3 to 6 percent slopes. This deep ,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost-
free period is about 120 days .
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 1 0 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high . Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate .
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass-legume hay are grown. Small areas are used for
grazing .
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion . Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
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 improves the range. Seeding im-
proves range in poor condition . Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit , some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink-swell potential. Dwellings
and roads can be designed to overcome these limita-
tions . Community sewage systems will be needed if the
population density increases .
This soil is in capability subclasses Ille, irrigated, and
!Ve , nonirrigated.
Potts loam, 6 to 12 percent slopes. This deep,
rained, moderately sloping to rolling soil is on
, benches, and sides of valleys . Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale; or basalt. The average
annual precipitation is about 14 inches, the average
• SOIL SURVEY
annual air temperature is about 46 degrees F, and the
average frost-free period is about 120 days .
Typically, the surface layer is brown loam about 4
inches thick . The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney , and Ildefonso soils that have slopes of 6 to
12 percent. These areas make up 10 to 15 perc e nt of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium , and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive 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. Prop erly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range . Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for se ed-
ing. Preparing a seedbed and dr illing the seed are good
practices.
Community development and recreation are limited by
low strength, shrink-swell potential, and slope . Dwe lli ngs
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases .
This soil is in capability subclass !Ve , irrigated and
non irrigated.
57-Potts-lldefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys . Elevation ranges from 5 ,0 00
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone , shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost-free period is about 120 days .
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent .
The Potts soil is on slightly concave positions , and the
Ildefonso soil is on the breaks of steeper slopes .
The Potts soil is deep and well drained . Typically, the
surface layer is brown loam about 4 inches th ick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches .
•
RIFLE AREA, COLORADO
Permeability of the Potts soil is moderate, 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 Ildefonso soil is deep and well drained. Typically ,
the surface layer is brown stony loam about 8 inches
thick . The underlying material is white , calcareous very
stony loam that extends to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low . Effective rooting
depth is about 60 inches. Surface runoff is slow, and the
erosion hazard is moderate.
Included with this soil in mapping are small areas of
Olney and Kim soils that have slopes of 3 to 12 percent.
These areas make up 5 to 15 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The nat iv e vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush . The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con-
dition on both soils . Seeding improves range on the
Potts soil if it is in poor condition . Crested wheatgrass ,
western wheatgrass, and Russian wildrye are suitable for
seeding . Preparing a seedbed and drilling the seed are
good practices . Reducing brush on the Potts soil im -
proves the range. Properly managing the vegetation on
the Ildefonso soil maintains wood production and graz-
ing. Select ively thinning pinyon and jun iper improves
grazing and provides firewood, posts, and Christmas
trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches . The low available
water capacity affects survival of tree seedlings .
Mule deer, wild turkey , chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils .
Community development is limited on the Potts soil by
low strength, shrink-swell potential, and slope. Communi-
ty development is limited on the Ildefonso soil by steep
slopes.
This complex is in capability subclass Vie, nonirrigated.
.r<J Potts-Ildefonso complex, 12 to 25 percent ·~. These strongly sloping to hilly soils are on
mesas, alluvial fans, and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. The Potts soil formed in
alluvium derived from sandstone, shale, or basalt. The
Ildefonso soil formed in very strongly calcareous, basaltic
alluvium and small amounts of eolian material. The aver-
age annual precipitation is about 14 inches, the average
•
33
annual air temperature is about 46 degrees F, and the
average frost-free period is about 120 days .
The Potts soil makes up about 60 percent of th is un it ,
and the Ildefonso soil makes up about 30 percent. The
Potts so il is in slightly concave positions , and the Ild e-
fonso so il is on the breaks of steeper slopes.
The Potts soil is deep and well drain ed . Typically , the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches t hick .
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate , and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more . Surface runoff is medium , and th e ero-
sion hazard is moderate.
Th e Ildefonso soil is deep and well drained . Typically ,
the surface layer is brown stony loam about 8 inches
thick . The underlying material is white , calcareous very
stony loam to a depth of 60 inches .
Permeabil ity of the Ildefonso soil is moderately rapid,
and avai lable water capacity is low . Effective rooting
depth is about 60 inches. Surface runoff is med ium , and
the erosion hazard is moderate.
Included with this soil in mapping are small ar ea s of
Morval and Lazear soils. The Morval soils are at the
higher elevations . The Lazear soils are shallow and are
on ridge crests and steep mountainsides . Th ese areas
make up 10 to 18 percent of the map unit.
These soils are used main ly for limit ed graz ing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass , needleandthread , and sagebrush . The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry , bitterbrush , and sa-
gebrush.
When the understory vegetation deteriorates , grasses
almost disappear and forbs and shrubs increase . Prop er-
ly managing grazing maintains and improves range con-
dition on both soils. Seeding improves range in poor
condition in less sloping areas of the Potts soil. Blue-
bunch wheatgrass, western wh eatg ras s, and need-
leandthread are suitable for seed ing . Preparing t he
seedbed and drilling the seed are good practices . Con-
trolling brush on the Potts so il improves rang e that is
producing more shrubs than are normally found in the
potential plant community. Properly manag ing the under-
story vegetation on the Ildefonso soil mainta ins wood
production and grazing . Select ively thinning pinyon and
ju niper improves grazing and provides fi rewood, posts ,
and Christmas trees .
The Ilde fonso soil is suited to production of piny o n and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
wat er capacity affects survival of tr ee seedl ing s.
Nov 25 03 01:06p r;vfpd • 9702859748 • :~
RAND VALLEY FIRE PROTECTION DISTRICT
F J\X NUMBER:
1777 SOUTH BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635-0295
OFFICE: 970-285-9119, FAX : 970-285-9748
FACSIMILE TRANSMITTAL SHEET
FRO M.
David A. Blair, Fire Chief
TOTAL NO OF PAGES INCLUDING COVER:
PHONE NU MBER: SE N D ER'S REFERENCE NUMBER;
RE : YOUR RE FEREN CE NUMBER:
0 URGENT 0 FOR REVIEW 0 PLEASE CO MMENT 0 P LE ASE RE PL Y 0 PLEAS E RECYC LE
NOTES /COMMEN TS:
1bis facsimile transmission and any accompany1ng documents contain infonnation belonging
to t'1e sender, which may b e, confidential and legally privileged. 1his information is intended only
for the use of the individual o r entity to which this facsimile transmission was sent as indicated
above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken
in reliance on the contents of the infonnation contained in this facsimile transmission is strictly
prohibited. If you have received this transmission in error, please call 970-285-9119 to arrange for
the return of this document to us. Thank you.
p. 1
• • GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
NOV 2 5 2003
"'' ~I'
JJl'I I
r' A.NNING
November 25 , 2003
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Garfield County Building & Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Subject : Fire Protection Plan for Michael D . Knox
GCB&PD,
I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire
Protection District. The applicant will need to provide the following minimum fire protection
practices as apart of their "Fire Protection Plan".
The options available to you include either a local water suppl y for each residence or a central
pr t'.ssurized water supply for all residence as well as fire protection sprinklers . Because of the size
of J;our pr oject,, .!t. would appear that the localized water suppl y systems (NFP A 1231) and .fire
protection spriitldes might b~ better suited to provide such protection . ' , ' ' .
The use of sprinklers in new construction is always encouraged, and has proved to be both cost
effective and to have made the critical difference in the "saving of a structure". The key element
of a 13D system is to provide enough suppressant to get the occupants out of the residence . The
system is designed to provide a 10-rninute water supply. In a normal urban setting, with prompt
notification to the fire department , a response and ext inguishment can be started during this 10-
rninute time frame . However, with a small volunteer fire department , which does not staff fire
station crews, response times can be much longer. Hence, it is hoped the sprinklers provided
enough time for the occupants to leave, but the fire has most likel y continued to bum, and after
the 10-rninute period of water delivery , the fire may again start actively burning . Fire sprinklers
are not required in structures less than 3500 square feet , however we encourage homeowners to
consider their value and the benefits that they may provide in the event of an actual fire .
The recommendations of NFP A 1231 are to have a water supply located within 150 feet of a
residence, a 4 Vi'' hydrant connection capable of providing 500 gpm and a capacity to be
determined . by the square footage of the residence . After consulting other fire agencies within
Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement fo r
resid.ence under .3 500 square feet. Sprinkler systems would be optional for residence up to 3 500
square feet. Re~idences over 3500 square feet will need to have both the calculated size storage
t'ank and a sprinkler system to provide initial knockdown capabilities . As . far as access I egress
requirements & defensible space, the Colorado State Forest Service has recommended using the
NFP A 299 standard , Protection of Life and Property from Wildfire . The Grand Valley Fire
• •
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Protection District, as well ~he other fire districts within Garfield !unty, has adopted this as
the standard within its boundaries .
Other issues to be included and noted in the proposal are as follows :
~ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to . A
minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is
required . The storage tank used for fire protection may be separate from that used for
domestic use . If a homeowner wishes to combine the water supply for both the sprinkler
system and domestic use, the requirements of the code shall be met. Annual inspection I
maintenance and reporting requirements of a sprinkler system are the responsibility of the
homeowner . For structures over 3500 square feet, an approved fire protection sprinkler
system will be required .
~ An agreement to use the water stored in a fire water cistern, in the event of an emergency,
is not limited to the specific residence where it is located and that its use/need is at the
discretion of the fire department.
~ The water supply (fire water cistern) is for fire protection only, not to be used for
domestic use . If the homeowner wishes to combine the firewater cistern with domestic
use water, an additional amount of storage w ill be required to maintain the minimum
required firewater protection capacities .
If the above conditions are met and/or made apart of a plat note to be a requirement of the new
owner prior to the issuance of a building application , the Grand Valley Fire Protection District has
no further concerns regarding this project.
Ifl can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851.
00A0~
David A Blair
District Fire Chief, GVFPD
Xe : Developer/homeowner Name
File
• • GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Date
Planner
Garfield County Building & Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Subject : Fire Protection Plan for
~~~~~~~~~-
Planner 's Name,
I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire
Protection District. The applicant will need to provide the following minimum fire protection
practices as apart of their "Fire Protection Plan".
The options available to you include either a local water supply for each residence or a central
pressurized water supply for all residence as well as fire protection sprinklers . Because of the size
of your project, it would appear that the localized water supply systems (NFP A 1231) and fire
protection sprinkles might be better suited to provide such protection .
The use of sprinklers in new construction is always encouraged, and has proved to be both cost
effective and to have made the critical difference in the "saving of a structure". The key element
of a 13D system is to provide enough suppressant to get the occupants out of the residence . The
system is designed to provide a 10-minute water supply . In a normal urban setting , with prompt
notification to the fire department, a response and extinguishment can be started during this 10-
minute time frame . However, with a small volunteer fi re department , which does not staff fire
station crews, response times can be much longer. Hence, it is hoped the sprinklers provided
enough time for the occupants to leave , but the fire has most likely continued to bum, and after
the 10-minute period of water delivery, the fire may again start actively burning. Fire sprinklers
are not required in structures less than 3 500 square feet , however we encourage homeowners to
consider their value and the benefits that they may provide in the event of an actual fire .
The recommendations of NFP A 1231 are to have a water supply located within 150 feet of a
residence, a 4 1h" hydrant connection capable of providing 500 gpm and a capacity to be
determined by the square footage of the residence . After consult ing other fire agencies within
Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for
residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500
square feet. Residences over 3500 square feet will need to have both the calculated size storage
tank and a sprinkler system to provide initial knockdown capabilities . As far as access I egress
requirements & defensible space, the Colorado State Forest Service has recommended using the
• • NFP A 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire
Protection District, as well as the other fire districts within Garfield County, has adopted this as
the standard within its boundaries.
Other issues to be included and noted in the proposal are as follows:
>-If a sprinkler system is installed , the requirements for NFPA 13D will be adhered to . A
minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is
required . The storage tank used for fire protection may be separate from that used for
domestic use. If a homeowner wishes to combine the water supply for both the sprinkler
system and domestic use, the requirements of the code shall be met. Annual inspection I
maintenance and reporting requirements of a sprinkler system are the responsibility of the
homeowner. For structures over 3500 square feet , an approved fire protection sprinkler
system will be required.
>-An agreement to use the water stored in a fire water cistern , in the event of an emergency,
is not limited to the specific residence where it is located and that its use/need is at the
discretion of the fire department.
>-The water supply (fire water cistern) is for fire protection only, not to be used for
domestic use . If the homeowner wishes to combine the firewater cistern with domestic
use water, an additional amount of storage w ill be required to maintain the minimum
required firewater protection capacities.
If the above conditions are met and/or made apart of a plat note to be a requirement of the new
owner prior to the issuance of a building application , the Grand Valley Fire Protection District has
no further concerns regarding this project.
Ifl can be of any assistance , I can be reached at (970) 285-9119, or cell (970) 285-9851.
David A. Blair
District Fire Chief, GVFPD
Xe : Developer/homeowner Name
File
John Martin
Glenwood Springs, CO • •
Larry McCown
Rifle, CO Garfield County
Tresi Houpt
Glenwood Springs, CO
BOARD OF CO UNT Y COMMISSIONER S
November 5 , 2003
Claudia Engelmann
Colorado Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, CO 80203
VIA FAX: (303 ) 866-35 8 9
RE: Knox 35 Acre "Exempt Well" Application County Ro ad 3 0 6
Dear Ms. Engelmann:
During our regularly scheduled November 3, 20 0 3 Bo ard meeting,
we discussed the Colorado Division of Water Resources' p o sition
regarding the thirty-five (35) acre tra c t of land in Garfield
County owned by Michael D . Knox and Raynell J. Knox . The Count y
Attorney's Office provided the Com missioners with c o pies o f the
quit claim deeds, attached to this letter, whereby the County
gained title to the described portion of what is now known as
"County Road 306" or Wallace Creek Road.
Please be advised that it is the position of the Board o f
County Commissioner that the County received only an easement f o r
right -of-way purposes and not the full "fee" title to the land
containing the described roadway . The quit claim deeds grant the
BOCC the right to use the surface of the land "contained with
thirty feet (30') of each side of a center line of a r o ad" as an
easement for right-of-way purposes, including use of the s ubsurface
for support of the roadway. We believe that Mr . and Mrs . Knox own
a thirty-five (35 ) acre of land over which we hav e an easement.
Our County Assessor's records also show this property as a thir ty -
five (35) acre property.
Thank you for your consideration of our opinion . Mr . Knox's
request for Exemption from the Definition of Subdivision is
scheduled before us on D 2003.
By :
CMD/nm
cc : Michael D . Knox
Building and Planning Department
Dwight Whitehead
108 8th Street, Suite 2 13, G le nwood Springs, Co lorado 8160 1
(970) 945-5004 Fax (970) 945 -7785
.J
I' :
I
·I li "
. TO I~A VE A_ND 'PO HOLD 'l'HE SAME, togeth er with all and singular the appurtenances and privileges thereunto b e-
:~~~ or m anY:v1s e t~iereunto app~rtainin g , and all the es tate, right, title, interest and cla_im wh~1J~~,r of the s aid part.~ -7.'J.ll.&!..~~~~~ only proper u se , benefit and b ehoof of the said par~ of the se cond par{,
IN WITNESS WHEREOF, t e said part .. *. of the fir s t part ha ... x.Z.-~~~to .. ~ .......... hand ........ and
seal... ..... the day and y ear first above written. {/ ~ _.,,¥ -
SIGNED, SEALED ~D DELIVERED IN PRESENCE OF \ ............... ' ........... ~[SEAL ]
...................................................................... [SEAL]
·····························································································
...................................................................... [SEAL]
...................................................................... [SEAL] Cou=:T~,~~f " ---1~222~
([1}, 1 ·· · · ···· 7 ~fi ~:;nth;;teaf°'"~d'.doha "byooctlly~at
pers onally known to me to be the p erson ...... whose name........ .. ..................... subw ib ed to the forego -
mg De ed, appeared b efore me this day in p erson, and acknMed,,.ed that .... ~ ................ signed, ~~:l~~~~n!~~~v;;!;~~ sai~ i~~~t ~f writing a s .. ~ .......... fr ee anr?nt:s:
A Do;;?.J:$"d" my I n d.... ~"al, thfa >F day of u~
My commission e ire .................................................... l'.Y../w~/~i!O' ~//
............................... ,
• •
{qq t:>l N o ....................................... . . Q U IT-CLA IM D EED . THEW. H. KIS T l.1'.:A 8TA.T'Y CO •• DllHVl!:R
TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto be-
~oJ:n22g. or in an~se t?ereunto app~rtaining, and all the estate, right, title , interest and cla_im whatso.ever of the said part::tf
~l.r~t ~-~Its1f~ on ly proper use, benefit and behoof of the sa1 d parta.4.. of the second part,
IN WITNE S WHEREOF, t e said part.~···· of the first part had ..... hereuntoEseL .~ ............ hand ........ and
seal... ..... the d ay and year :first above written. /h ./ // / . ·
1i
l NED, SEALEQ.;1.ND DELIVERED IN PRESENCE OF I 0.f.."Zl2:7.. ......... ~.'.:?.'7. ................. (SEAL)
L, 1 , 0 ./41 -// / . . .................................................................... [SEAL) ........... '.J.4 . .L'.Vl/.at:A. ...................................... .
. ..................................................................... [SEAL)
...................................................................... [SEAL)
I STA~~~C LOR~ADO, l ss. I, .. ~&~~z.:/j/4 ...
• COUNT~~···· .......................... (
· .. t:v. ............ ·. .. -~ ... ~ ... ·<"·.-.·."··""""·:::.·.·_:_" .. "/C~ .. ~;~:.: .. ~~.~.1.~ .. ~~-::e .~-~~~~s.~i~~--~~-~-e~~~:. .. ~~~~-~~~-~~.~~
personally known ~'-{;;~e the person ...... whose name ...... ~ ................. subscY!B'ed,t'o th e forego -
i ng D ee d, appeared before me this day in person, and acknowfedged that ...... ~ ............. signed,
sealed and delivered the said instrument of writing as .... ~ ........... free arn;,~oluntary act, for
the u ses and purposes therein se.vf'~ · /,/' ~ ~/' ~ / Giv7~nder my hand and .. ~~4U'.?.7/seal, this .... e.'.". /~ ...... n<w "f ~ ,,u.4
A . D. 19 .... \...1. / ,,,.
• ** Transmit • Conf.Report
P.1
Location Mode
91303 86635 89 / / /ll NORMAL
John Martin
Glenwood Springs? CO
LarryMcCo~
Rifle,CO :
Trtisi Houpt ;
Glenwood Spring$, CO
. !
**
Start Ti me Page Re s ult Note
11/10,15:35 1 '45"
3 * 0 K
Garfield County
BOARD OF COUNTY COMMISSIONERS
November 5, 2003
' Claudi~ Engelmann
Colorado Division of Water Resources
Depart~ent of Natural Resources
1313 Sqerman Street, Room 818
Denver,'. CO 80203
VIA FAX: (303 ) 866-3589
Rif: Knox 35 Acre ''Exempt Well'' Application County Road 306
Dear M$. Engelmann:
'
DY,ring our regularly scheduled November 3, 2003 Board meeting,
we dis.tussed . the Colorado Di vision of Water Resources' positio n
regardling the thirty-five (35) acre tract of land in Garfield
County/ owned by Michael D. Knox and Raynell J. Knox. The County
Attorn~y 1 s Office provided the Commissioners wi t h copies of the
quit <ilaim deeds, attached to this letter, whereby the County
gaineai title to. the described portion o f what is now known as
''Cc:iuntiy Road 3 O 6 11 or Wal lace Creek Road.
~lease be advised that it is the position of the Board of
CountY, commissioner that the County received only an easement for
right•of-way purposes and not the full ''fee" tit.le to the land
containing the described roadway. The quit claim deeds grant the
BOCC :the right · to use the surface of the land "contained with
thirty feet (30 1 ) of each side of a center line of a road" as an
easement .for right-of-way purposes, i ncluding use of the subsurface
for sµpport of the roadway. We believe that Mr. and Mrs. Knox o wn
a th~rty-five (35) acre of land over which we have an easement.
Our County Assessor's records also show this property as a thirty -
five !(35) acre property.
' !Thank you for your · consideration of our opinion. Mr. Knox 's
requ~st for Exemption from the Definition of Subdivision is
sche~uled before us on D
II
!I
!1 i-·
JI
j ! ,:
TO HA VE AND 'PO HOLD THE SAME, to ge ther with a ll and singular the appurtenances and privileges th ereunto b e-
~o~~~ or in anywise ther eunto. appertaining, and all the estate, right, titl e, interes t a nd claim w h~t;~~r of the said part.~
~~~~~~~ only proper us e, benefit and b ehoof of the said par~ of the second par(,
IN WITNESS WHEREOF, tlfe ~:i·~;;~rt .. ~. of the first part h a ... .x.2.-~~~to .. ~ .......... hand ........ and
seal... ..... the day and y ear fir st above written. C/ ~ .,# 1 0~/ /
SIGNED, SEALED ~D DELIVERED IN PRESENCE OF \ .............. ! ........... ~ ..... [SEAL ]
...................................................................... [SEAL]
.............................................................................................
. ..................................................................... [SEAL]
...................................................................... [SEAL]
Oou TY :TA~ ~~ f" !~~~
«. .... ·· ·· ·~·····~···············~ ... ~ .... i~ !Pt said Ooun)y , in th e State aforesaid, do h ereby certify that
I p;..;;~;ii;·i;;;;;;;;·;,,~'~;·~~;;;;;;;. 24' ..•....•....•..•..•..•.. ;~;;;,;i;;;;a·;;·th;·;;;;g;;
mg D ee d, appeared b efore me this d ay in person, and ~ed that .... ~ ................ signed,
sealed and delivered the said instrument of writing as ................................. fr ee an?7nt~
th e ~~~e:~~;:;s lt~ ·n r.t'~?.~g.seal, this . .P-~.day of .l/.~ .................. .
A .D.19/Y.. / /;:/ f-~ _17 /~
My commission e ire~·· ············::::::::::::.:::::::::::~~<?Z.~dD. %//
I
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!
I
I
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(qq :il N o ..................................... . . QUIT~CLAIM D EED. THC w. H , KISTUfl 8 T AT"V co .. Dl!NVl!R
TO HA VE AND TO HOLD THE S.A1.1:E, together with all and singular the appurtenances and privileges thereunto be-
~~n~g: or in anY':vise t~ereunto app?rlaining, and all the estate, right, title, interest and cla.im wh a tso.ever of the said part::tf
~;~~~~t ·~.~I{"/{~r~ on ly proper use, benefit and b ehoof of the said part~. of the second part,
IN WITNESS WHE~{EOF, ;,~::tcl~art.~ .... of the first part ha>.2.' ..... hereuntoEseL .~ ............ hand ........ and
seal... ..... the day and year first above written. /',h ./ /7 / ·
s 10, S~AND DELIVERED IN PRES~NCE OF I ~ . .f..7:J.27. ......... ~.'.:?":/ ................. [SEAL]
'J.2~,r4/~ .# / ..................................................................... [SEAL]
. ,, . .LV.:{/..at:A. ...................................... .
. ..................................................................... [SEAL]
...................................................................... [SEAL]
ll STA~~~' lss. r::£~~ZZ~4 .... COUNT~~ ag:z~ ............... \
' .. /k ..... ;:;t .. ·· . . ... ~ ~ :i~ ~~: in tho ~t::' afo .. ofild, d~b,,oby '."<til~ ~at
persona ly known~t~e the person ...... whose name ...... ~ ................. subscYlli'ed,t'o the forego-
ing Deed, appeared before me this day in person, and acknoJedg,J>d that ...... ~ ............ signed,
sealed and delivered the said instrument of writing as .... ~..<.'.'?'. ........... free an~oluntary act, for
the us~s and purposes therein se~d, ;;;? ~ ?;/ ~ L Giv,.~nder my hand and....... ... ... .. .seal, this .......... /:1¥1 ...... il:w nf 4/ff -
A. D. 19 .... V.. / ,,.
• •
{qq t>l
N o·----··--·-···----·-·-··-··-·--·-······· QUIT-CLAIM DEED.
TO I-IA VE AND TO HOLD TI-IE SAME, together with all and singular the appurtenances and privile ges thereunto b e-
lo -g. or in anywise th.ereunto appertaining, and all the estate, right, title, interest and claim whatso.eve r of the said part:·:<j(
-;1 .fir s t p~~~~;.~t o-t e only proper use, b enefit and behoof of the said part.«.&. of the second part,
,f .. ., ·····-······~·-· · and ass1g o er. /.
IN WITNESS WHEREOF, t e .said part.~ .... of the first part ha~ ..... h ereunto s b~ ............ hand ........ and
s~ea~' ;l:z:l· :~;:A: a:::::L:::E:b:;ep::::;:~ OF II 7~ £/~~ ................ [SEAL~
-v; f /I ,.///!-_;?I ' ...................................................................... [SEAL] ....... .!. ... /..,, .... .<.:C(.t/.at:d'. ...................................... .
.............................................................................................. \ ...................................................................... [SEAL]
I ...................................................................... [SEAL]
CoUNTz~·rn rn f" .. r1&~~2?2/4rn
.. & ...... ~:~~ ••••..•••......••..•••..•• 7fl;~.~ty'. .. ~.~.'S~e .. ~''""'d:.''.'_ .. ~.e~~~~ .. ~.e~~.~~.:~~.~~
:personally known ~'fr~e the. perso1_1 ...... whose name ...... ..k .................... subscyi'f)ed/t'o the f~rego-
mg Deed, appeared b efore me this day m person, and acknow:fedged that ...... ~ ............... s1g n ed ,
sealed and delivered the said instrument of writing as .... ,.,....~ .......... free an~oluntary act, for
the u ses and purposes therein se.vf~ _ , // :;;;i ,_~ ,?/..,£. _ ~ ./
A. D~~~LQnd e r my ha,an~/(1~~ea l, this .....
2
.... ~ ...... day of ...... 74:(~ ....... .
My commission ex1~.keY,<ut.'"o/".·········l.'7,1 .......... ::-r-;""'"1g(. .. ~ -~ -/
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TO HA VE AND '.PO HOLD THE SAME, together with all and singular the appurtenances and privil eges thereun to be
:~~~or in anywise thereunto appertaining, and all the estate, right, title, interes t and claim w~~t;3<)$~,r of the said part.-;-:t;
~.~~~~~~ only proper us e, benefit and b ehoof of the said parw..:r of the second par~
seasl... .. ~Nt;se ~~;~~: Y:Da~r~r~~~~~etp~,~~r~"'';f of the firnt parl ha ~:it~I~~'
IGNED, EALED AND ELIVERED IN RESENCE OF
...................................................................... [SEAL.
...................................................................... [SEAL
...................................................................... [SEAL
COU U :;jf~ m mm f" I~~;M~ <l.'fiar7···~.·.·.·.·.·.·············2ki1£·~7 '..'".'h',s :,af oc""d'..d'..h"'byc"tify .th a
persona lly known to me to be the. p er so i:i ...... whose name ...... ~ .................. sub..roi1ib ed to the f~reg~
mg D ee d, app~ared before ~e. this day m p e rs~n! and ~ed that .... ~ ................ s1gnec
sealed and delivered the said m s trument of wntmg as .................................. free aczd ntai:z:ct, _fo
th e u s~sandpurpo ses th Fe ·ns~'~' .. ~ . ~ Give:q,~der my I n nd ............. : ... ~se a l , this ........ r.£.day of. . .. ~ ................ .
A. D. 19 /..Y.. l / //1 1 #/J 17 f" ~
My commission e ire ~ ........................................ 19 .. /~~~. ~. ~
...................................... 7;Jfi1fl~~ .......... /.14 ..... .
.............................. ~ ... ·v~ ......... .
L day of.0...~~~.f ......... in the year of our Lo r d one thousand nine
")/yf/~;;,7
ate of Colorado, of the first part, anct .....
i.??4-~~%~4 -f;;/?V7~h'J?7 ~ /-<{
.and State olcolorado, of the second part,
~~~~~:4.U~.~~i~Ji-2::::.: ........ .
d by the said part,,..c:~of the second part, the receipt whereof ·
sed, sold, conveyed a nd Qurr-C~-:1)_f..Ji'l9, .andruf...eW3-"'.'...~~~
part.£..e'...d of the second part,~~-..4 ........ ~ alld ~
the said part.;.::~/-of the first part ha . .d. .... in and to
pruate, lying and being in the co un ty of
,,£ /k~·· =gw~u--,,./~_'?f7,;;,.A. ~d/-~.V'I'~ ~ /M t#/7/--///;1;. / ru7i/anu/J-~r£., ~hi
4 ftt-.rtd J~~\ k~n-.11P-/79 -v/ ,,,.~~ ~~~th-/-rf'7~a-/o&/?'J!Jf ~ff; !7 '.1~-~.-k.eW
:h ,__r,c) d,?Uf ·f jf; ~--n-l'W ~Hi/~
~fter--/1.d 0 ,,~'l~ ~9-9 /; ~/2_~ 7i-. -n--<-1' ~ J" Oo ' '?f 2 5 _ S ' / ~td ~
!'.~.u-->_-/' "'/;/ /'f° .8!" ~ ~/.:_, L( CJ ./ ~nc;,
~-nq~ ?{ 1 i ~do '~ d /o. ~J. j~~d~~ ~a j :;17k;_,cryn:4f -ez,,wf; 4~£;?7.l
ogcthcr with all and singular the appurtenances and p r lvileges ther eunto be-
:l all the estate, right, title, interest and claim wh~ty~~,r of the said pa rt.~
Iy p r oper use, benefit and b choof of the said pa n:..c--:;--y · of the second par{, r of the first part ha ~~:]?~;;?.[~~~:;]
I ............ [SEAL]
) :~;$~:
. do h'3 r eby certify th~~ q ;'.;"' '.:''i;:L" ··;:;.··;""~ji••;~~E
-:7. ~. .. . '"":;;;a;;;. ~· ...... ·;>-)'"""'°' '"' ·-·-······ ... rson ...... whose d ~ free "u_,,-,, ~ i~~~f?'.:::~7£~,., 7-'~ r:, , 4:. ...... ..... '1Y>kft:f;,,,4/ifZ, . . .. ~................. M"/;1.d..i.c
:f'l.L .... }f ;_;J;_~' AIJ; ~-at .. /(:;_'._ ....
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... R ECORDER .
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Garfield County
Road and Bridge Department
P.O. Box426
Rifle, CO 81650
Phone-(970)625-8601 Fax-(970)625-8627
Utility Permit Invoice
•
Invoice Number: 112 Invoice Date: 8/20/2003
Bill To: Mike Knox
1600 CR306
Parachute
Utility Permit Number: 112
Utility Permit Footage: 40
,co
Utility Permit Fee: $150.00
Footage times $.25: $10.00
Total Due: $160.00
Please Remit Payment,
Promptly, to the Above Address.
Thank You!
81635 .
• •
COLORADO DIVISION OF WATER RESOURCES ~~~fVE D I Form GWS-44 (6/2003)
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone -info : (303) 866-3587 main : (303) 866-3581
fax: (303) 866-3589 http://www.water.state .co .us AUG 1 4 ·03 RESIDENTIAL Note : Nso use thi s fonn to apply for livestock watering
Water Well Permit Application m.TJ;R RlS Oi!P C f S.
Review instructions on reverse side prior to completing form. ~.;\lf F '"-;~'4 Eli\ .
The form must be completed in black ink. {l; ~ l-i"W"..,;j;,~.
1. Aeelicant Information 6. Use Of Well {check aeelicable boxes}
Name of applicant See instructions to determine use(s) for which you may qualify lt1 : I':. J"a.p_ I D k nt"J 'K 0 A . Ordinary household use in one single-family dwelling
Mailing address (no outside use)
/~on C,Q 3-DG_ 12{ B . Ordinary household use in 1 to 3 single-family dwellings :
City ! State
j z~i(oBS-Number of dwellings: 3 f:H-,, t1 c h, tA. {-p I lo 1(1 Home garden/lawn irrigation, not to exceed one acre : Tel~e# 2-~--9~'1'2-( '70) area irrigated I 0 sq . ft .'A acre
2. Type Of Application (check applicable boxes) RJ. Domestic animal watering -(non-commercial)
l)i{ Construct new well OUse existing well 0 C. Livestock watering (on farm/ranch/range/pasture)
0 Replace existing well 0 Change or increase use
0 Change source (aquifer) 0 Reapplication (expired permit) 7. Well Data (proposed)
OOther: Maximum pumping ral ~ J Annual amou~be withdrawn
3. Refer To (if applicable) apm acre-feet
Total depth ! Aquifer
Well permit# i Water Court case # feet i l 8. Water Supplier i
Designated Basin Determination # I Weltnameor# Is this parcel within boundaries of a water service area? D YES~ NO
If yes, provide name of supplier:
4. Location Of Proposed Well 9. Type Of Sewage System
eoool/7 r t ~I A_ I liE i/-:f_. s J;f" 11'-t.114 114 of the OiiJ' Septic tank I absorption leach field .~ ' Section 3 ! TRip Nor~ I qnge OM 1 Prroiltiran 0 Central system : District name : I 0 i '/,,,
Distance of well from section lines (section lines are typically not property lines ) 0 Vault: Location sewage to be hauled to :
J9t5v FttromO N O{s JZBi> Fttrom~E ow 0 Other (attach copy of engineering design and report)
For replacement wel s only -distance and direction from old well to new well 10. Proposed Well Driller License #(optional): Lr.C
feet direction 11. Signature Of Applicant(s) Or Authorized Agent wen location address(~ applk:able)
The making of false statements herein constitutes perjury in the second
Optional : GPS well kx:ation information in UTM fonnat degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S .
ReQuired settinas for GPS units are as follows : 24-4-104 (13Xa). I have read the statements herein, know the contents
Format must be UTM thereof and state that thev are true to mv knowledoe .
Zone must be 13 Northing
Sign here (Must be original signature) I oate
Units must be Meters m~-:-/ ... ~. 18~~ 1iflt/-03 Datum must be NAD27 (CONUS) Easting ~,,IJIF.JJ'
Untt must be set to true north Print name & title {
We.e points averaged? 0 YES 0 NO lll1A ho.t i n J<flC'r Lar1d O<.A.Y ner
5. Parcel On Which Well Will Be Located Office Use Only
A.You must check and complete one of the following : USGS map name j
DWRmapno. I Surface elev.
0 Subdivision: Name i
Lot Block Filing/Unit Receipt area only
0 County exemption (attach copy of county approval & survey):
Name/# Lot#
0 Parcel less than 35 acres, not in a subdivision, attach a deed with metes
and bounds description recorded prior to June 1, 1972
0 Mining claim (attach a copy of the deed or survey):
I
Name/#
0 Square 40 acre parcel as described in Item 4
~ Parcel of 35 or more acres (attach a metes and bounds desaiption or survey)
0 Other (attach metes & bounds description or survey and supporting documents) WE
B . # of acres in parcel C . Are you the owner of thi s parcel? WR
:3 :S" l)J YES 0 NO (if no -see instructions) CWCB
D . Will thi s be the only weH on this parcel? I IQ. YES 0 NO (if no -li st olher wells)
TOPO
----------·-E . State Parcel ID# (optional): MYLAR
SB5 DIV WO BA MD
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John Martin
Glenwood Springs, CO
Larry McCown
Rifle , CO Garfield County
Tr es i Houpt
Glenwood Springs, CO
BOARD OF COUNTY COMMISSIONERS
November 5 , 2003
Claudia Engelmann
Colorado Division of Water Resources
Department of Natural Resources
1313 Sherman Street , Room 818
Denver, CO 80203
VIA FAX : (303) 866 -3589
RE : Knox 35 Acre "Exempt Well" Application County Road 306
Dear Ms . Engelmann :
During our regularly scheduled November 3 , 2003 Board meeting ,
we discu ssed the Colorado Division of Water Resources' position
regarding the thirty -five ( 3 5 ) acre tract of land in Garfield
Coun t y owned by Michael D. Knox and Raynell J. Knox. The County
Attorney's Office provided the Commissioners with copies of the
quit claim deeds , attached to this l etter , whereby the County
gained title to the des cribed portion of what is now known as
"County Road 306" or Wallace Creek Road .
Please be advised that it is the position of the Board of
County Commissioner that the County received only an easement for
right-o f-way purposes and not the full "fee" title to the land
con taining the described roadway. The quit claim deeds grant the
BOCC the right to use the surface of the land "contained with
thirt y feet (30 ') of each side of a center line of a road " as an
easement for right-of-way purposes , including use of the subsurface
for support of the r oadway . We believe that Mr . and Mrs . Knox own
a thirty-five (35) acre of l and over which we have an easement .
Our County Assessor 's records also show this property as a thirty-
five (35) acre property.
Thank you for your consi de ration of our opinion . Mr . Knox's
request for Exemption from the Def i nition of Subdivision is
schedul ed before us on D 2003 .
By:
CMD/nm
cc : Michael D . Knox
Building and Planning Department
Dwight Whitehead
108 8th Street, Suite 213 , Glenwood Springs , Colorado 8 1601
(97 0) 945-5004 Fax (970) 945-7785
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QUIT-CLAIM DEED , THI!: W. H-KISTLE R STAT'Y CO., DENVl!:R
, TO ~A VE A,ND 'PO HOLD TI-IE SAME, together with all and singular the appurtenances and privileges thereunto be-~~~~ or m anY'."1se t~ereunto app~rtaining, and all the estate, right, title, interest and cla,im wh~~~~,r of the said part~ ~~,r~~~~ only proper u se, benefit and behoof of the said paru.::r of the second par (,
IN WITNESS WHEREOF, t e said parL,:~, of the first part ha .. ,~~nto .. ~, , ..... ,hand ....... , and
seaL. ..... the day and year first above written. (/ '---""'ft -
.,,,,,, .. , ............................................................ [SEAL]
...................................................................... [SEAL]
C.u ,;~46 f" ;~;m~l
if?A 7 ··· ····· 7 ~fi~:m~e~S~'~'"'aid'.doho,.by"''":'~al
pers onally known to me to be the p erson ...... whose name ...... ~ .................. subJ!1'}fibed to the forego-
rng Deed, appeared b efore me this day in person, and ~ed that .... ~ ................ signed,
sealed and delivered the said instrument of writing as ................................ free an~nt~ the~~~e~!~~;:;slthn · ·nr.~~5seal , this.~~.day of.l/.~ ................. ..
A . D. 19/..Y.. /_ _ ~ l/:h-/ _
My commission e 1re ~ ............... ::::::::::::::::::::::::~~?72t...ef'~D. %//
{qq5l N o ...................................... . QUITMC L AIM DEED . THI!: w. H, KISTLER STAT'Y co .. Dl:NYl!:R
. TO ~A VE A_ND TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto be-
~oGn~g or m an~se t~ereunto app~rtaining, and all the estate, right, title, interest and cla_im whatso_e_ ver of the said partq.
~;f ~~t -~-~Jtsf?~r~ on ly proper use, benefit and behoof of the said part~. of the second part,
IN WITNESS WHEREOF, ;ee~:;i~v~art.~···· of the first part had. ..... hereunto s~-~:: .~ ............ hand ........ and
seal... ..... the day and year first above written. //..~ d~ ·
S ED, SEA~E AND DELIVERED IN PRESENCE OF \ ~-····· · · · ····· ······ ····· ......... '.:?:I ................. [SEAL]
C,~ 1 , a /JI -/ ,f' . . ..................................................................... [SEAL] .... JA..~v,aLd. ...................................... .
. ..................................................................... [SEAL]
...................................................................... [SEAL]
STA~~~· l,, r,?~~2'.?j/~ CoUNT~q'A_ !f92~··············· l /
.. /k:. ..... ··· ·· .. «dM ·· -~ ....... ~.·.·.·.·.·.·_·.'."."."."."."."."_:_._. ....... ~~--~;t:.'..~~-~~~--~~::e.~-~~~~~-~~~'--~~-~-~~~~:. .. ~.e~~-~~~-~~-~~ ~ersonally known ~'~e the. persoi:i ······ whose name ...... ~ ................. subsc.rt1i'ed,t'o the forego-
mg Deed, appeared before me this day m person, and ackno-wfedg~d that ...... ~ ............. signed,
sealed and delivered the said instrument of writing as .... ~~ ........... free an~ol untary act, for
the us~ and purposes therein selAM'thd: , /;/ ,;;? ~ ij~ / G1v7~nder my h and and.:,-'.".'/l?:''."a.:v.-a:heal, this ........... /~ ...... 1'1Av of ~ d/./ -
A . D. 19 .... V.. / ,,.
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From: Michael Knox
To: Carolyn M. Dahlgren
Subject: County Road 306 Deed
Fred Jarman (Senior Planner) informed me that I need to send these copies of the original Abstract
of Title showing that Henry B. Gibson and John Gibson, Quit Claim Deeded to the Board of County
Commissioners of Garfield County their part of land that they owned for the County Road right of way.
Page 1 Doc. #36144, shows Henry B . Gibson receiving the land from the United Stated in June 23 , 1898,
Book 73 at page 16.
Page 2 Doc. #89955 , shows where Henry B . Gibson Quit Claim Deeded the right of way for County Road
306 to the Board of County Commissioners in 1913 , Book 133 at page 290.
Page 3 Doc. #80239 , Henry B. Gibson sold this property to H .E . Harrison in 1922, Book 117 at page 557.
I believe that tllis shows that Henry owned tllis property before, during, and after tl1e time he quit claim
deeded the right of way for County Road 306 which runs through the property that I am the owner of. The
map tlmt is attached was plotted by Fred to show the meets and bounds of the quit claim deed. This shows
tl1e deeded property runs through property (070).
I would like for you to review tllis information to see if I am correct, and if tllis is true then I would like to
request that property 070 be considered two separate properties split by Garfield County property . Then
lmve tl1e pennission to file two new deeds.
QU..Ile d any more information please call me anytime at my work phone (250-5778) or home number
(285-9542).
Thank you for your time,
Michael Knox
pl~
•
Kno x, Larry D
12865 County Road 6820
Montrose, CO . 81401
Knox, Dean M , Life estate
Knox, Roger L
2 73 9 County Road 3 06
Parachute, CO . 81635
Knox, Mary and Tracy
2145 County Road 306
Parachute, CO . 8163 5
Kious , Robert L and Rosemary
1895 County Road 306
Parachute, CO . 81635
Brewer, Shirley and Douglas, Palmulia
(JT) PO Box 6178
Battlement Mesa, CO . 81636
Lindauer, Gerald 0 and Zoe E
1898 County Road 306
Parachute, CO. 81635
•
, •
Garfield County
Construction Permit for Installation of Ut ilities in Public Right-of-Ways
Applicant Name: Mike Knox Permit Number:ll2
Address:1600 CR 306
Parachute, CO 81635
Type of Installation: Road Bore
Location and Description of Work: Road Bore at 1600 CR 306; full road width of 40'.; CR.306
Estimated Construction Schedule: Start:8/20/2003 Finish 9/20/2003
Request for permission to make the above installation at the location specified is hereby granted , subject to the following terms,
conditions and special provisions:
1. It is understood that the Applicant will cau se the installati on to be made at no expense whatsoe ver to Garfield County and
that the Applicant will own and maintain the installation upon completion of work
2. The Applicant shall maintain the installation at all time s and agrees to hold harmless the County of Garfield and its
representatives, agents or employees from any and all liability , loss and damage which may arise out of or be cormected with
the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility
cormected therewi th, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to:9/20/2003.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and
warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by
the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after
dark, unless otherwise specified in the Special Provisions below .
5. If the Board of County Commissioners so requires , Applicant shall mark the installation at the designated locations in a
marmer acceptable to the Board of County Commissioners or their Representative .
6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this
installati on, Applicant will do so promptly at its own expense upon written request from the Board of County
Commis sioners . The County will not be responsible for any damage that may result in the maintenance of the county road to
installation placed inside Public Right-of-Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do
so by The Board of County Commissioners because of necessary road construction or maintenance operations .
8. Where the installation crosses the roadway , it shall be encased in pipe of larger diameter and the crossing shall be as nearly
perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking
through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county
road . No water shall be used in the boring, and no tunneling shall be permitted . If boring is not successful then arrangements
should be established with the County for possible excavation methods .
9. Where the installation crosses any ditches, canals or wate r carrying structures , wherever possible it shall be pushed through
and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no
case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water
company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of
the National Electric Safety Code and to such Colorado statues as are applicable . The above-described Road Bore shall be
installed beneath the surface of the right-of-way at a minimum depth of 4' and the disturbed portion of the right-of-way will
~~--------------................ ..
be restored to its original conch. Any backfilling in the roadway shall be ma. six-inch lifts and mechanically ~ped "'
and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel.
11 . Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12 . Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or
their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall
be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures
that will be utilized and shall obtain the occurrence of the Board of County Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at
which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface each.day.
16 . Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the
District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners.
18 . This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant
shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMP ACTION.
TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED
TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER
COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE
APPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER
Special Provisions:
1. Backfill with excavated material or 3/4" road base to 95% with water.
2. All material over 10" must be removed from site.
3. Replace mag chloride to any damaged surface.
In accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing
provisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all
the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF -WAY WITHIN
TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE O F ALL
NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY.
,.
Ga.Id County Road and Bridge Depa.nt
Special Provisions For Excavation of Road Surface and Installation
Utility Permit Number:112
Inspector: Jake Mall
Applicant: Mike Knox
Sub-Contractor:
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by
Applicant. Further, Applicant will remove any frozen material from site .
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A
temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or
availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be
straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that
will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the
seal coat will overlap the existing edge. All Seal coats will overlap edges by a two-foot minimum to insure adequate seal over
the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in
a maximum of five working days, weather permitting.
3 . When possible, all installations should avoid the top edge of a fill slope .
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest
abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimwn separation of 18 inches between
installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 fee t of the working area of the trench,
and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep
livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and
mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified
weed-free seed. Noxious weed control will be ongoing along with re-vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM,
Forest Service.
Garfield County Representative
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H. B. Gibson
to
Board of County Commissioners
of Garfield County, Colorado
•
Dated August 16, 1913.
Acknowledged August 27, 1913 before
Nathaniel A. Wall, Notary Public,
Garfield County, Colorado.
Consideration $1.00.
Conveys: All that part of SEtsE t Section 3, Tp. 8 S., R. 96 W.,
contained within 30 feet of each side of a center line of a road,
beginning at a point whence the corner of Sections 2, 3, 10 and 11
Tp. 8 S., R. 96 W., bears North 46 °47 1 East 159.94 feet;
thence along the center line of the road 56°19 1 West 195 feet;
thence North 89°38' West 454.67 feet; thence North 18°03 1 West
435.5 feet; thence North 3 °49' East 269.9 feet; thence North
12°13' East 135.73 feet; thence North 7°00 1 West 253.75 feet;
thence North 0°05' East 197.26 feet, thence North 16°40 1 West 310.
feet as shown on Map on file in the office of the Clerk and
Recorder of Garfield County, Colorado.
Filed for record January 20, 1925 at 4:Jl6 o'clock P.M., and
recorded in Book 133 at page 290 th e reof.
John Gibson
to
The County Corrunissioners
Garfield County, Colorado
Dated August 16, 1913.
Acknowledged August 27, 1913 before
Nathaniel A. Wall, Notary Public,
Garfield County, Colorado.
Consideration $1.00.
Conveys: All that portion of the NE i SEi Section 3, Tp. 8 S.,
R. 96 W., contained within 30 feet on each side of center line
of road, beginning at a point whence the cotner to Sections 2, 3,
10, and 11, Tp. 8 S., R. 96 W., bears North 46 °47' East 159.94
feet; thence along the center line of the road North 56 °19' West
195 feet; th e nce North 89 °38 1 West 454.67 feet; thence North 18 °03
West 435.5 feet; thence North 3°491 East 269.9 feet; thence North
12°13 1 East 135.73 feet; thence North 7°001 West 253.75 feet;
thence North 0°051 East 197.26 feet; thence North 16 °401 West
310.6 feet; thence North 4°15 1 East 226.7 feet; thence North
20°35 1 West 432.16 feet; thence North 16°461 West 189.52 feet;
whence the above corner to Sections 2, 3, 10 and 11 bears South 25 2 7
East 2631.9 feet; thence along the center line North 37°18' West
279.13 feet; thence North 62 ° West 409.72 feet as shown on map
on file in the office of the Clerk and Recorder of Garfield
County, Colorado.
Filed for record .Tanuarv 20 . 1g 2 '1 ;:i t-6.·18 nlf'lr)('I< PM !:lnrl
10. 37-S
IOC .1124238
I' •
H. E. Ewart
to
The Great Western
Oil Company
•
DEED
Dated Jun e 4, 1901.
Acknowledged June 5, 1901 befor e
Anna G. Channell, Notary Public,
Arapaho e County, Colorado.
Consideration $5.00.
Conveys: All oil or gas locations now or which may hereafter be
made in Garfield County, Colorado, except certain locations now
made as Asphalt Locations in said County, all those certain leases
made, executed and delivered to first party upon l a nds in said
County and signed by David Evans, M. L. Whitmore, S. Cox, E. F.
Kennon, S. B. Streit, H. S. Wayne, James Murray, Margaret Lindauer,
Alice Bail~y, M. K. Wall, Jennie Vier e g, Ed~ M. Tracey, Walt e r S.
Hahner, E. F. Yeoman, A. E. Benson, Thomas Glover, Josephine Rupp,
-----Rupp, M. H. Streit, Sadie B. Streit, B. C. Werhonig, Peter
0 ~ Kearney, J. E. Allison, and all o t her le~s~s ~~resent and aft e r
~ acquired; held or to be held by fi r st party on lands in said Count
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Filed for record September 20, 190 1 at 8:50 o 1 clock A.M., a nd
~ recorded in Book 44 at Page 467 ther e of.
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No. 38-S ~ The Mink Oil Placer Claim LOCATION CERTIFICATE
Doc .11249 31 o Signed: William Pratt, Charles B .
I
0 ~ Brown, William H. Tanney,
~ James Ferington, James Murray,
~ Thomas E. Baily, Clarence Pratt,
America Pratt.
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Dated January 17, 1902.
Date of Location January 4,190 2 .
~ Embraces the NE t sE t Section 3 and the NW t swt of Section 2, Tp. 8
2 S., R. 96 W., 6th P.M.
f-
~Filed for record January 20, 190 2 a t 10:30 o'clock A.M., and
~ recorded in LR Book 1 at Page 340 ther e of.
Ill
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No. 39-S >-United States of America
Doc .1/36144 ~
UNITED STATES PATENT
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to Dated June 23, 1898.
~ Henry B. Gibson
Signed by :the Pr e sident and the
General Land Office Seal a ffix e d.
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~Grants: The S!SW t Section 2, SE t SE i Section 3, Tp. 8 S., R.
~ 96 W., 6th P.M., containing 120 acres.
f-Subject to any vested and accrue d water rights for mining,
agricultural, manufacturing, or o ther purposes, and rights t o
ditches and reservoirs used in connection with such water righes1
as may be recognized and acknowledged by the local customs, l aws
and decisions Of COllrf""~ ::Inn ;:al Cf'\ C11"h;o ,-.t-t-~ +-1-.~ ~.: -1...,_ -.C ,_,_ -
, .51-S Henry
IQC. ef/80239
P4-5~3 ,
H. E.
-·
B. Gibson
to
Harrison
•
WARRANTY DEED
Dated September 5, 1922.
Acknowledged September 5, 1922
before J. E. Sipprelle, Notary
Public, Garfield County, Colorad .
Consideration $800.00 Rev. $1.0
/
Conveys: The E ~SE i Section 3, Tp. 8 S., R. 96 W., except one acre
in N.W. corne r of NE i SE i Section 3, conveyed out by Document
No. 44819, also except the East 330 feet of E ~SE i conveyed out
fo. 52-S
)QC .1/80240
.'
/
I
by Document No. 59191, and also e x cept the West 10 acres of
SE i SE i Section 3, conveyed out by Document No. 70912. Amount of
land hereby conveyed being 49 acres.
Filed for record September 6, 1922 at 8:l4 o'clock A.M., and
g recorded in Book 117 at page 557 thereof.
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H. E. Harrison DEED OF TRUST
to
~ Public Trustee, Garfield
Dated September 5, 1922.
Acknowledged September 5, 1922
before J. E. Sipprelle, Notary
Public, Garfield County, Colorad
Consideration $800.00.
0 County, Colorado
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w ~ Conveys: The E ~SE ! Section 3, Tp. B, S., R. 96 W., except one
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acre in NW corne r of NE i SE i Section 3, conveyedout by Doc. No.
44819, also except the East 330 f e et of E ~SE i conveyed out by
Document No. 59191, and also e x cept the West 10 acres of SE i SE i
Section 3, conveyed out by Docum e nt No. 70912, amount of land
hereby conveyed being 49 acres.
In trust to secure Gr a ntoris note payable to J. B. Wallace
on or b~fore 3 years after dat e for the principal sum of $800.00
with interest thereon at 10% p e r annum, payable semi~annually.
If $400.00 shall be paid on principal on or before December 1, 192
then said not e shall bear interest at 8% per annum .
Filed for record September 6, 192 2 at 8:16 o'clock A.M., and
recorded in Book 137 at page 22 thereof .
1111111111111111111111111111111111111111111111111111 • !89397 10/02/2001 12:41P 81291 P363 M ALSDORF
1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
__________ 'Recorder
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QUITCLAIM DEED
THIS DEED, made this ~"" day of September, 2001
between Dean M. Knox
of the County of Garfield and State
of Colorado , grantor, and
Michael D. Knox and Raynell J. Knox
whose legal address is 1600 County Road 306, Parachute, CO 81635
of the County of Garfield and State of Colorado , gran~e:
WITNESS, that the grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration
DOLl.ARS, the receipt and sufficiency of which is hereby acknowledged, has remiscd, released, sold and QUITCLAIMED, and by these presents
docs remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint
tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any,
situate, lying and being in the County of Garfield and State of Colorado,
described as follows :
See Exhibit #A" Attached Hereto
And Made A Part Hereof
also known by street and number as: 1600 County Road 306, Parachute, CO 81635
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in Jaw or equity, to the only proper use,
benefit and behoof of the grantees, their heirs and assigns forever .
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ge nders .
IN WITNESS WHEREOF, the grantor has executed this deed on the date set fort h above.
STA TE OF COLORADO
County of Garfield
The foregoing instrument was acknowledged before me this
by Dean M. Knox
~
) SS .
)
'1.2_Ht day of September, 2001
1111111111111111111111111111111111111111111111111111
!89397 10/02/2001 12:41P 81291 P364 " ~DORF
2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
PARCEL A
TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 5TH P.M.
Section 3: NE1/4SE1/4
•
EXCEPT that portion described in document recorded as Reception No. 44819 and
in Book 571 at Page 834 and except the East 330 feet thereof.
PARCELB
TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE GTH P.M.
Section 3: Starting at a point 856 feet South along the property line from the
survey pin at the Northeast corner of the SE1/4 of said Section 3 the TRUE POINT
OF BEGINNING, thence South 464 feet, thence West 330 feet, thence North 1120
feet, thence Southeasterly to the POINT OF BEGINNING.
•
' •
December 9, 2003
Michael D. Knox
1600 County Road 306
Parachute, Colorado 8163 5
•
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Exemption from the Definition of Subdivision request
Dear Mike,
As you are aware, on Monday, December 8, 2003, the Garfield County Board of County
Commissioners approved your request to allow for the 8.13 acre portion of your property that is
separated by CR 306 from the remainder of your property to be its own lot which will now be known
as Lot 2 of the Knox Exemption. The Board approved your request with the following conditions:
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. The Applicant shall be required to provide a 1) water well I line easement to be defined and
depicted on the plat and 2) a well sharing agreement that governs the use and maintenance
responsibilities of the well for both lots. The Applicant shall be required to provide and record
these documents as part of the final plat process .
3. That the applicant shall have 120 days from the date of this approval, to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
4. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning
Department that a well test has been completed for the newly created Lot 2 which demonstrates
an adequate pump rate and water quality pursuant to subset a-/below. If the aforementioned
proof is not submitted, the Applicant shall be required to conduct a well pump test that
demonstrate the following points:
a . That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four ( 4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
108 8th Stre et, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-79 72 Fax: (970) 384-3470
• •
e. An assumption of an average of no less than 3 .5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality is tested by an independent testing laboratory and meets State
guidelines concerning bacteria and nitrates.
5. That the following plat notes shall appear on the Final Plat:
a) No further divisions by Exemption from the rules of Subdivision will be allowed.
b) No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
d) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
e) Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield Countyis agricultural operations as a normal and necessary aspect of living in
a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a legal and non-
negligent agricultural operations.
f) All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County.
g) One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries.
6. The Applicant shall comply with the recommendations of the Grand Valley Fire Protection
District which includes, but is not limited to, the following:
a) A water supply shall be located within 150 feet of a residence and have a 4 112" hydrant
connection capable of providing 500 gallons per minute. The water supply capacity shall
2
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• •
be determined by the square footage of the residence, however, a minimum size ofl,700
gallon tank shall be required for Lot 2 per residence under 3,500 square feet.
b) For residences over 3,500 square feet in size a fire sprinkler system shall be installed. For
residences up to 3,500 square feet a fire sprinkler system shall be optional. Fire
sprinklers systems shall be meet the requirements ofNFPA 13D.
c) NFP A 299 standards shall be adhered to for access I egress requirements and defensible
space.
d) Access to the subject lots shall be adequate to meet the requirements of the Fire District
and shall meet all turning requirements of the Fire Districts equipment.
e) An agreement shall be in place, prior to finalization of the Exemption Plat via a plat note
or agreement, between the Fire District and the property owners that the use of water
stored in a fire water cistern, in the event of emergency, is not limited to a specific
residence where the cistern is located and that its use and need shall be at the discretion
of the Fire District.
As required in the county land use regulations and as a result of this approval, you have 120 days
from the date of this approval (until April gth' 2004) to satisfy these conditions of approval and
provide a final exemption plat to the Board of County Commissioners for their signature . If you are
unable to complete these condition s and submit the plat by this date, you may request the Board grant
an extension; however, this request must be made 30 days prior to the original expiration date of
April 8, 2004 to be considered before the Board.
Do not hesitate to contact this office in the event you have any questions.
Very truly yours,
f'fE~,1-"""""""d-Jarm_an_,_AlGE __ lJ:: __ ~r _ann_e_r -~-.,
(970.945.8212)
3
p. 1
Dec 10 03 09:47a gvf'pd • 9702859748 •
..
GRAND VALLEY FIRE PROTECTION DISTRICT
1777 SOUTH BATTLEMENT PARKWAY
PO BOX 295
FACSIMILE TRANSMITTAL SHEET
FROM:
David A. Blair, Fire Olief
COMPANY:
G A-t-(t L'i? 6 1 ! Oi? r
FAX NUMBER J 'f3</ _ J'-1 ?a TOTAL NO. OP 'PJ\GEs lN ~ING COV ER:
PHONE NUMBER: SEND !lll.'S REPER.E.NCE NUMBER:
RE : YOUR REFERENCE NUMBER:
0 URGENT 0 FOR REVIEW 0 PLEil.SE COMMENT 0 PLEASE REPLY 0 PLEASE RECYC LE
NOTES/COMMENTS:
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--7:.. r /'PH/\ -?Zf7 !iv~ :( I ;ft/ft.Jc ;1//11-Qu(i;?-1 I I ~ ,-:!{ C/~ /;f(S t '(th vr--( (; ._. _ Zf{-(j~(]c/ ff{J, If YoUfMur..~ ~y ~U<-'3 C~5'( f:_c:;4;J& C/l-t_(_a
'lb.is facsimile transmission and any accornpany1ng documents contain infonnation belonging ~
to the sender, which may be, confidential and legally privileged. This information is intended only
for the use of the individual or entity to which this facsimile transmission was sent as indicated
above. If you are not the intended recipient, any disclosure , copying, distribution, or action taken
in reliance on the contents of the information contlined in this facsimile transmission is strictly
prohibited. If you have received this transmission in error, please call 970-285-9119 to arrange for
the return of this document to us. 1rumk you.
Dec 10 03 09:47a cr;vf'pd 9702859748
December 9, 2003
•
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285·9748
Garfield County Building & Planning Dept.
109 8•· Street . Suite 303
Glenwood Springs, CO 8160 l
Subject : Fire Protection Plan for Michael D. Knox
•
I have rev iewed the applicant's request and 11ave vertfted that it lies within the Grand Valley Fire Protection
District. The applicant witl need to provide the following minimum filre protection practices as port of the "Fire Protection Pion".
The applicant will provide a 1700 gallon under ground wafer storage tank to be used for lot 2 fire protection . A
9.000 gallon water storage tonk already provided by the Grand Valley Fire Protection District i~ located n e ar
lhe entrance ot lot 2 tho! will provide additional water for fire protection. As tor as access/egress requirements
& defensible space. the Colorado Stale Forest Service hos recommended vsirig the NfPA 299 standard.
Protection of lite and Property from Wildfire.
These ore the terms that Mr. Knox and I have agreed upon lo meet the lire protection concerns for the new
lo ts that wrn be created by this svbdivision .
Dovid A. Blair
District Fire Chief. GVFPD Michael D. Knox
Property owner
p.2
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Garfield County
Y A TTORNEY'S OF FICE
108 8'h Street, Suite 219
Glenwood Springs, CO 81601
Tele : (970) 945-9150
Fax: (970) 384 -5005
March 15, 2 0 0 4
Michae l D. Knox
1600 County Road 306
Parachute, Colorado 81635
Re: Community Well Sharing and Ma intenance Agr e em e nt
Dear Mr. Knox:
The "Community Well Sharing and Maintenance Agreement" is a
document that will be signed by you and Ms . Knox as owners of Lot
No . 1 when you sell Lot No. 2 to a future purchaser, not a document
t o be signed and recorded in the Garfield County Clerk and
Recorder's Office now. Presently, Michael and Raynell Knox own
both pieces of property so the agreement , as drafted, is of no
legal effect . What the County needs to see is a "form of
agreement ", i.e., an agreement with "fill in the blanks"identifying
the future owner(s) of Lot 2 , that will bind the purchaser of Lot
2 and you and Ms. Knox, as the owners of Lot 1, and all future
owners of both lots in perpetuity.
Plus , I note the following: (1) the "Whereas clauses" refer to
a management plan for individual sewage disposal systems , but the
body of the document does not contain provisions re l ated to ISDS;
(2) Paragraph 8 refers to a "treatment system" not referred to in
the Subdivision Exemption Application; (3) The document refers to
"ownership" of the water from the well and the well permit states :
"Issuance of t his permi t does not confer a water right." The
application materials do refer to a separate well on Lot 1 fed by
a spring t o which you and Ms . Knox may own actual "water rights",
but this is not the well to be shared. Well Permit No . 254098
permits the use of a certa i n amount of water for specific purposes.
I urge you to consult with a lawyer to discuss the metho ds of
conveying access and use ri gh t s a n d ISDS and shared well management
obligat i ons to future owner of the Knox Exemption Lots 1 and 2 .
CM ~km
~: Fred Jarman -Sr . Planner
•
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• •
DECLARATION OF WATER WELL USE AND MAINTENANCE
THIS DECLARATION is made this day of __________ _
2004, by Michael D . Knox and Raynell J. Knox ("Declarants") whose address is 1600 County Road
306, Parachute, Colorado 81635.
WHEREAS, Declarants are the owners in fee of those real properties described as
Lot 1 and Lot 2 within the plat of the Knox Subdivision Exemption, Garfield County, Colorado .
Said Lot 1 and Lot 2 are referred to hereinafter collectively as "the Lots."
\\ ..
~ WHEREAS, Declarants also are the owners of a water well ("Well") located on Lot
~ 1 and permitted under Colorado Divjsion of Water Resources Well Permit No. 254098 for the f domestic and irrigations use of not more than three single family dwellings ; and
~ WHEREAS, by this Declaration, it is the intent of Declarants to establish a regime S ~ governing the joint use of the Well by the future owners of the Lots (the "Owners").
\:l NOW THEREFORE, the Declarants set forth the regime governing joint use of the
Well by the future Owners of the Lots as follows:
1. The Owner of Lot 2 shall be deemed to own an undivided one-third
(l/3rd) share of the subject Well permit, Well, water tank, pump, fittings at the Well head, meters
(whether existing now or to be installed at a later time), pumphouse, foot valves, and any pipes or
pipelines and any other structures which are jointly used.
2. The Owner of Lot 1 shall be deemed to own an undivided two-thirds
(2 /3rds) share of the subject Well permit, Well, water tank, pump, fittings at the Well head, meters
(whether existing now or to be installed at a later time), pumphouse, foot valves, and any pipes or
pipelines and any other structures which are jointly used .
3 . No Owner is deemed to have any ownership right in and to any pipe,
pipeline or other structure used or required solely by the Owner of another of the Lots which may
utilize any portion of the water flowing from this Well and its structures. This Declaration does not
intend to relate to such individually 0\:\11ed or used rights or structures. Nothing in this Declaration
shall be construed to give any Owner any rights to such non-shared property of the other Owner nor
to obligate any Owner to pay any costs associated with non-shared structures.
4. The Ovmers shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and functioning and use of the water
system in such manner as to provide to their respective uses an optimum water supply on demand
at all times possible based upon the natural availabil ity of water. The Owners shall agree to not
waste water and to endeavor to use no more than their respective shares of the available water. At
• •
this time it is agreed that no individual water meters must be installed. If at any time after the date
hereof, any Owne r requires that meter) be installed, then each of the Owners shall install meters at
their individual expense. Waste or ov er -use shall be deemed to be a violation of this Declaration for
which the non-defaulting owner may seek remedy at law or equity for damages or for injunctive
relief, or both. Irrigation uses shall be limited to not more than 1/3 acre oflawn and garden irrigation
on Lot 2 and 2/3 acre of lawn and garden irrigation on Lot 1. Unless otherwise agreed by each
Owner, the Owner of Lot 2 shall use no more than one-third (1/3) of the water legally allocated to
the Well (i.e., 5.00 g.p.m.) and the Owner of Lot 1 shall use no more than two-thirds (2 /3) of the
water legally allocated to the Well (i.e. 10 .00 g.p.m.). In the event the water physically available
from the Well is less than the legally available amount , then each Owner shall proportionately reduce
the consumption of same to the amount actually available. In no event shall the Well be pumpe d at
a rate exceeding fifteen (15) gallons per minute . Any household use of the Well water must provide
for return flow through an individual disposal system of the non-evaporative type , returning the
water to the watershed in which the Well is located.
5. Declarants shall be responsible for the initial cost of constructing the
Well system, water tank of at least 1, 700 gallons capacity, pump house and any jointly used pipe
lines . Following the initial construction, the actual and continuing costs of operation, maintenance,
construction, extension, upgrading , cleaning, repairing and all other work required on shared
components of this wate r system to cq,use the water at the well to become and remain available to
deliver water to the Owners shall be shared by the Owners 'in proportion to their share in the Well.
This Declaration shall relate only to costs incurred after the date hereof. E lectrical charges for the
operation of the Well shall be shared in proportion to the water allocated to each Owner. No
operational costs will be charged to any Owner until such owner actually makes a physical
connection to the well and begins using water from same.
6 . Subject to the provisions in paragraph 4 above, any Owner who has
been using water from this system and at any time elects not to share in · costs, necessary repairs,
maintenance , replacement and the like necessary to maintain the Well and deliver the subject water,
shall not receive water from the system . At such time as said electing Owner chooses to resume use
of water from the system said Owner may do so upon reimbursement to the other user the full cost
of said Owner's share of such expenditures with legal interest retroactive to the expenditure date .
7. The Owners agree to cooperate in the future maintenance , operation ,
repair, replacement or improvement of all common facilities. In the event the Owners are unable to
agree on any required maintenance, repair , replacement or improvement , any Owner shall be entitled
to undertake the minimal maintenance , repair, replacement or improvement necessary and essential
for proper functioning of the common facilities. In the event an Owner determines to undertake such
work unilaterally, such Owner shall notify the other owners in writing. The Owner undertaking the
work shall, upon completion, provide the other Owner with a written statement of work performed
and the other Ov.ner's proportionate share of the cost of same. In the event an Owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the Ov.Tier which
has paid such cost and expense shall be enti tled to pursue any remedy available at law or in equity.
2
• •
The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees
incurred.
8. Declarants hereby create and reserve permanent, non-exclusive
easements across the portions of Lot 1 and Lot 2, designated as "Waterline Easement" and "Water
Tank Easement" on the final plat of the Knox Subdivision Exemption, as necessary and sufficient
for the benefit of the Owners of Lots 1and2, as users of the Well, water tank, pump and common
pipeline and treatment system and structures, and also create and reserve a non-exclusive easement
for non-shared or individual pipelines conveying water to the respective Lots over and across said
"Waterline Easement" and said "Water Tank Easement."
9 . Each Owner shall agree to not interfere at any time with the proper use
by any other Owner of its interest in any water structure and shall indemnify and hold harmless all
other Owners and users from any loss or damage or injury caused by the acts of said indemnifying
owner .
10. The term hereof shall be perpetual. Notwithstanding the foregoing ,
however, in the event that a well permit is issued for Lot 2 allowing household uses and the well as
drilled produces two (2) or more g.p.m., this Declaration shall become null and void.
11. This Declaration and the convenants contained herein are intended to
and shall run with the titles to those real properties described as Lot 1 and Lot 2 within the plat of
the K..11ox Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and inure
to the benefit of the Owners thereof, and their assignees or successors.
12. The laws of the State of Colorado shall govern the validity, effect and
construction of this Declaration.
13 . This Declaration may not be modified in any manner except by an
instrument in writing signed by the Owners of each of the Lots .
IN WITNESS WHEREOF, this Declaration is executed this ~Y day of 4u~J_, 2004 .
~iicilaeIB.I<11-0;c
3
•
STATE OF COLORADO
COUNTY OF GARFIELD
)
) SS.
)
•
j} The foregoing instr~ment was acknowledged before me on this ,2 ?~ay of
~o/ . , 2004, by Michael D. Knox and Raynell J. Knox.
Witness my h a nd and official seal.
My commission expires:
CARLA M. KENT
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 9/25/2007
~5"pao7
~~
4
• •
WATER WELL COMMUNITY
SHARING AND MAINTENANCE
AGREEMENT
THIS AGREEMENT is entered into on the date set forth below to be effective
January 6, 2004, by and between Michael D . Knox and Raynell Knox whose address is
1600 County Road 306, Parachute, CO . 81635 , owners in fee of those real properties
described as Lot 1 and Lot 2, Knox Subdivision E x emption, Garfield County, Colorado.
Said Lot 1 and Lot 2 are referred to hereinafter collectively as "the Lots."
WHEREAS, each of the parties and their successors in interest are to be the joint
owners of a water well constructed under Co lorado Division of Water Resources Well
Permit No. 254098 and shall be joint owners of the water well and casing and constructed
and installed and of the water to be diverted by said well system for providing domestic
water for all permitted uses on the respective properties of the parties ; and
WHEREAS , the well and casing and pump shall be utilized by said owners as a
lawful water right; and
WHEREAS, the water well and system required drilling and completion and will
require continuing maintenance and operation, the costs of which must be borne by the
owners and users thereof; and
WHEREAS, the well permit contemplat es perpetual, though not constant, use and
operation of the well, pump and the appurtenant structures ; and
WHEREAS, said owners as parties hereto desire to enter into this Agreement for
the purpose of clarifying respective rights and duties and establishing casements and
procedures for jointly operating the water well and delivering water to the properties of
the owners, for providing a method for equitably di vi ding the water derived from
operation of the system, and for equitably allocat ing the shared payment of costs of
operation and maintenance of the water will and its pump and other structures by all of
the parties ; and
• •
WHEREAS, each Lot will be served by an individual sewage disposal system ;
and
WHEREAS, said owners as parties hereto desire to enter into this Agreement for
the purpose of setting forth a management plan for the operation and maintenance of the
individual sewage disposal systems .
NOW THEREFORE, in consideration of the mutual obligations, promises, and
covenants set forth herein, and the due performance t hereof, and for other good and
valuable consideration, the receipt and suffic iency o f which is hereby acknowled ged ,
including but not limited to the acceptance of the benefits and detriments dreivin g
herefrom, the above-named parties agree as follow s:
1. Lot 1 respective owner shall be deemed to own an undivided two-thirds
(2/3) share of the subject well permit, well , pump , fittings at the well
head, meters (whether existing now or to be installed at a later time),
pump house, foot valves, and any pipes or pipelines and any other
structures which are jointly used .
2. Lot 2 respective owner shall be deemed to own and undivided one-
third (1/3) share of the subject well permit, well , pump , fittings at the
well head, meters ( whether existing now or to be installed at a later
time), pump house , foot valve s and any pipes or pipelines and any
other structures which are joint ly used .
3 . No owners of the Lots are deemed to have any ownership right in and
to any pipe, pipeline of other structure used ofrequired solely by the
owner of another of the Lots which may utilize any portion of the
water flowing from this water well and its structures . This agreement
does not intend to relate to such individually owned or used rights or
structures. Nothing in this agreement shall be construed to give any
party any rights to such non-shared property of other parties nor to
obligate any party to pay any co sts associated with non-shared
structures .
4. The parties shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and
functioning and use of the water system in such manner as to provide
to their respective uses and optimum water supply on demand at all
times possible based upon the natural availability of water. The parties
agree to not waste water and to endeavor to use no more than their
respective shares of the avail able water. Waste or over-use shall be
deemed to be a material breach of this agreement for which the non-
defaulting parties may seek remedy at law or equity for damages of for
injunctive relief, or both . Irrigat ion uses shall be limited to not more
than 10 ,000 square feet oflawn a nd garden on each parcel. Unless
• •
otherwise agreed by each owner, no owner of one of the Lots shall use
more than there share of their water legally allocated to the well (total
of 15 g.p .m.). In the event the water physically available from the well
is less than the legally available amount, then each owner shall
proportionately reduce the consumption of same to their agreed upon
share the amount actually available. In no event shall the well be
pumped at a rate exceeding fifteen (15) gallons per minute . Any
household use of the well water must provide for return flow through
and individual disposal system of the non-evaporative type, returning
the water to the watershed in which the well is located.
5 . Michael D . Knox and Raynell Knox shall be responsible for the initial
cost of constructing the well system, pump house and any jointly used
pipe lines . Following the initial construction, the actual and
continuing costs of operation, maintenance, construction, extension,
upgrading, cleaning, repairing and all other work required on shared
components of this water system to cause the water at the will to
become and remain available to deliver water to the parties shall be
shared by the parties in proportion to their share in the well. This
Agreement shall relate only to costs incurred after the date hereof
Electrical charges for the operation of the will shall be shared equally.
6. Subject to the provisions in paragraph 5 above, any party who has
been using water from this system and at any time elects not to share
in costs, necessary repairs, maintenance, replacement and the like
necessary to maintain the water well and deliver the subject water,
shall ~ neceive water from the system. At such time as said electing
party 9o sed to resume use of water from the system said party may
do so u reimbursement to the other users the full cost of said
party's share of such expenditures with legal interest retroactive to
expenditure date .
7. The owners agree to cooperate in the future maintenance, operation,
repair, replacement or improvement of all common facilities . In the
event the owners are unab le to agree on any required maintenance,
repair, replacement or improvement, any owner shall be entitled to
undertake the minimal maintenance, repair, replacement or
improvement necessary and essential for proper functioning of the
common facilities . In the event an owner determines to undertake
such work unilaterally s~wner shall notify the other owners in
writing, The owner un~ing the work shall, upon completion,
provide the other owners with a written statement of work performed
and the other owners proportionate share of any amount due within
thirty (30) days after presentment, the owner which has paid such cost
and expense shall be entitled to pursue any remedy available at law or
• •
in equity for a breach . The Court, in its discretion, may award to the
prevailing party court costs and attorney 's fees incurred.
8. Michael D. Knox and Raynell Knox hereby grant and dedicate
permanent, non-exclusive easements across that portion of said Lot 1,
and Lot 2, designated as "Well Access and Maintenance Easement" on
the final plat of the Knox Subdivision Exemption, as necessary and
sufficient for this Agreement to be performed for the benefit of the
respective owners of Lots 1 and 2, as users of the shared well , pump
and common pipeline and treatment system." The non-exclusive
easements will be twenty feet in width, as more particularly depicted
upon the Knox Subdivision Exemption Final Plat.
9 . Each party agrees to not interfere at any time with the proper use by
any other party of its interest in any water structure and shall
indemnify and hold harmless all other parties and users from any loss
or damage or injury caused by the acts of said indemnifying party .
10. Notwithstanding the foregoing, in the event that a well permit is issued
for Lot 2 and the well as drilled produces two (2) or more g .p .m. the
provisions of this Agreement related to water well community sharing
and maintenance shall become null and void .
11 . The term hereof shall be perpetual .
12 . This Agreement shall be binding upon and inure to the benefit of the
parties, and their assignees or successors, and the casements granted or
agreed to herein shall be deemed to run with the land and shall
encumber the land of each party for the benefit of the properties of the
parties as described herein .
13 . The laws of the State of Colorado shall govern the validity , effect and
construction of this Agreement.
14 . This Agreement contains the entire agreement among the parties and
may not be modified in any manner except by an instrument in writing
signed by the owners of each of the Lots .
Michael D Knox Date
• •
The foregoing instrument was acknowledged before me on this :Z 9 µ_day of
January, 2004, by Michael D Knox and Raynell Knox .
Wit ness my hand and official seal.
My commission expires : _ __,_~.,_~:::..:c{l--=0,__.,.1 ;;;~~'-"tJ::...cO=---'l,___
CARLA M . KENT
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 9/25/2007
c,uk)JL~
Notary Public
December 9. 2003
•
GRAND VALLEY
FIRE PROTECTION DISTRICT
11n E. BAmEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Garfield County Building & Planning Dept.
109 8"' Street. Suite 303
Glenwood Springs. CO 81601
Subject: Fi"e Protection Plan for Michael D. Knox
•
I have reviewed the applicant's request and have verified that It lies within the Grand Valley Are Protection
District. The applicant will need to provide the following minimum fi"e protection practices as part of the "Fire
Protection Plan".
The appficant will provide a 1700 gallon under ground water storage tank to be used for lot 2 fire protection. A
9,000 gallon water storage tank <*eody provided by the Grand Valley Fire Protection District is located near
the entrance of lot 2 that wt1I provide addifionol water for fire protection. As far as access/egress requirements
& defensible space. the Colorado State Forest Service has recommended using the NFPA 299 standad.
Protection of Life and Property from Wildfire.
These are the terms that Mr. Knox and I have agreed upon to meet the fi"e protection concerns for the new
lots that wil be created by this subdivision.
David A. Bloi"
District Frre Chief, GVFPD
Michael D. Knox
Property owner
'-
• • JOHN C. KEPHART & CO.
GRAN~ JU NCl lON lABORAIORlf~
435 NORTH AVENUE + PHONE: (970 ) 242-7618 + FAX ; (970) 243·7235 t GRAND JUNCTION, COLORADO 81501 -
Re cei ve d f rom:
ANALYTlCAL REPORT -
Mi c.:hael Knm·:
1600 County Road 306
Parachute, CO 81635
4451
C ustomer No.------------
1/9/04
laborato rv No . ___________ Sampl e
1/22/04
Date Received ____ ------------Uate Reported ------
Lab number 4451
Sample ID Well Writer 1/9/04
7AM, s-mp ler: Michael Knox
Nitrate{N> 1 • 14 mg/ 1
0.00 mg/l
Total Coliform Bact~r1a 0 colon1es/100ml sample
Limit f0t-
Pwbl 1 c
S1..tpplies
10
1
must be
less than 1
NOTES: Some bacteria was present, though not coliform, not ~nown to be
h~rmful to drink.
Lab Dir.: Brian S. Bauer
•
Januarv 16, 2004
Mike Knox
1600 County Road 306
Parachute, CO 8163 5
ATTN: Mike
•
On December 4, 2003, a well test was conducted on a well at 1600 County Road 306.
The following information was obtained~
Well Log Depth------------------------170'
Casing Size----------------------------7 x 5
Standing water level---------------------28' -2"
Total test time--------------------5 Hours
Drawdown to -----------------------123' -5"
Production is -----------------5 GPM
This test was conducted with 31. Hp Test pump . This well can produce 7,200 gallons per
day with storage this well could serve three residences for domestic use only, no
irrigation_ The well recovered back to 31' -O" in 70 Minutes. If you have any questions
please caH me, Raun Samuelson at 970-945-6309
Sincerely:
Raun E Samuelson
Samuelson Pump Co .
• • EXHIBIT
A
LEGAL DESCRIPTION -LOT 1
A TRACT OF LA ND BEING A PORTION OF THE NE1/4SE1/4 OF SECTION 3, TO\./NSHIP 8 SOUTH,
RANGE 96 'w'EST OF THE 6TH PM., COUNTY OF GARFIELD, STATE OF COLORADO, LYING EASTERLY
OF THE CENTERLINE OF COUNTY ROAD NO. 306 AS CONSTRUCTED AND IN PLACE AND BEING MORE
PARTICULARLY DESCRIBED AS FDLLOW'$1
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NE1/4SE1/4 FROM W'HENCE THE EAST 1/4
CORNER OF SAID SECTION 3 BE'ARS S.88.10 '0 5 'E. 330.00 FEET , SAID 114 CORNER BEING A
REBAR AND ALUMINUM CAP, PLS NO. 27613; THENCE S.19.28 '59'E. 918.84 FEET TO A POINT
ON THE EAST LINE OF SAID NE1/ 4SE1/ 4; THENCE ALONG THE EAST LINE OF SAID NE1/ 4SE1/ 4
S.01.33 '54'W'. 477.34 FEET TO THE SOUTHEAST CORNER THEREOF ; THENCE N.88 .2 4 '59 'W'.
839.58 FEET ALONG THE SOUTH LINE OF SAID NE1/ 4SE1/ 4 TO A POINT ON THE CENTERLINE OF
COUNTY ROAD NO 306 AS BASED UPON A FIELD SURVEY OF THE CENTERLINE OF THE ROAD EXISTING
AND IN PLACE IN JULY 2003; THENCE ALONG SAID CENTERLINE THE FOLLO'w'ING COURSES1
THENCE N,19• 44'17''w', 7 4.43 FEET ;
THENCE 170.61 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HA V ING A RADIUS OF 340.07
FEET, A CENTRAL ANGLE OF 28.44'42 ' AND A CHORD \./HICH BEARS N.05°21'56'\./, 168.83
FEET;
THENCE N.09.00 '25 'E. 42.19 FEET;
THENCE 203.48 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 402.41 FEET,
I A CENTRAL ANGLE OF 28°58 '17' AND A CHORD 'w'HICH BEARS N.05°28' 43''w', 201.32 FEET ;
THENCE N.19.57'52'\./, 259. 95 FEET ;
THENCE N.11.43'05'\./, 167.37 FEET;
THENCE 161.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 223.90 FEET,
A CENTRAL ANGLE OF 41.13 '01' AND A CHORD \./HICH BEARS N.32.19'35'\./, 157.62 FEET ;
THENCE N.52.56'06''w'. 233.68 FEET TO A POINT ON THE \./EST LINE OF SAID NE1/4SE1/4;
THENCE N.Ol 0 41 '48'E. 108.72 FEET ALONG SAID W'EST LINE TO A POINT ON THE SOUTH LI NE
OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED I N BOOK 571 AT PAGE 834; TH EN CE
S.88°10'05'E. 539.81 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF;
THENCE N.01.49'55'E. 80.67 FEET ALONG THE EAST LINE OF SAID TRACT TO A POINT ON THE
NORTH LINE OF SAID NE1/4SE1/4; THENCE S.8s•1o'05'E, 447.77 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 27.21 ACRES , MORE OR LESS.
LEGAL DESCRIPTION -LDT 2
A TRACT OF LAND BEING A PORTION OF THE NE1/4SE1/4 OF SECTION 3 , TO\./NSHIP 8 SOUTH,
RANGE 96 W'EST OF THE 6 TH PM., COUNTY OF GARFIELD, STATE OF COLORADO, LYING \./ESTERLY
OF THE CENTERLINE OF COUNTY ROAD NO. 306 AS CONSTRUCTED AND IN PLACE AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOW'S :
BEGINNING AT THE SOUTH\./EST CORNER OF SAID NE1/4SE1/4, A REBAR AND ALUMINUM CAP, PLS
NO . 27613; THENCE N.01 •41 '48 'E. 1149.66 FEET ALONG THE \./EST LINE OF SAID NE1/4SE1/4
TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO 306 AS BASED UPON A FIELD SURVEY OF THE
CENTERLINE OF THE ROAD EXISTING AND IN PLACE IN JULY 2003; THENCE ALONG SAID CENTERLINE
THE FOLLO\./ING COURSES ;
i THENCE S.52.56'06'£, 233.68 FEET;
THENCE 161.07 FEET ALONG THE ARC OF A CUR V E TO THE RIGHT HAVING A RADIUS OF 223 .90
FEET, A CENTRAL ANGLE OF 41 .13'01 ' AND A CHORD \./HICH BEARS S.32°19'35'E. 157.62 FEET;
THENCE S.11°43 '05 'E. 167.37 FEET;
THENCE S.19.57 '52'E. 259.95 FEET; ,
THENCE 203.48 FEET ALONG THE ARC OF A CUR V E TO THE RIGHT HAVING A RADIUS OF 402.41
FEET, A CENTRAL ANGLE OF 28.58'17" AND A CHORD \./HICH BEARS s.os·28'43'E, 201.32 FEET;
THENCE S,09·00 '25 'W'. 42.19 FEET;
THENCE 170.61 FEET ALONG THE ARC OF A CURVE TD THE LEFT HAVING A RADIUS OF 340.07 FEET,
A CENTRAL ANGLE OF 28°44 '42 ' AND A CHORD IJHICH BEARS S,05·21'56'E. 168.83 FEETi
THENCE S.19°44'17'E. 74.43 FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4SE1/4;
THENCE N.88.24 '59'\J. 481.26 FEET ALONG SAID SOUTH LINE TD THE POINT OF BEGINNING .
SAID TRACT OF LAND CONTAINS 9 .02 ACRES , MORE DR LESS.