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HomeMy WebLinkAbout1.0 ApplicationIIFNOR T1 IF I!AR F) OF COU NTY COMM ISS1Ot�S OF GAR NINI,I) COUNTY, COLORADO PETITION FOK_IAl:1Y1►PTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garlick! County, Colorado, adopted April 23, 1984 Section 2:20.49, lltc undersigned Rosemarie Glas respectfully petitions the Board olC'ounly Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 11.88 and 672 acre tract of land into twoA2) tracts of approximately - icresx.xtubc more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and delined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: The parcel to be created is divided from the remainder of Applicant's property by natural features and County Road 137, thus prohibiting joint use. SlJl31\II"l"I'nl, IFOt.1IIZI:Ntl:1\l'lS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area ()fall lots or separate interests to becrealed, access to 0 public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Il. Vicinity neap al a minimum scale of 1":=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) utiles, for which a copy of U.S.G.S. quadrangle map maybe used. C. Copy of the (Iced showing ownership by the applicant, or a letter from the properly owner(s) if other than Ilse applicant; and 1). Nantes and addresses 01 owners of record of land immediately adjoining and within 200 feel oldie proposed exemption, mineral owners and lessees of mineral owners of record of the, properly to be exempted, and tenants of any structure proposed for conversion; and I?. Nvidcncc of the soil types and characteristics ()leach type; and N. Proof of legal and adequate source of domestic wafer for each lot created, method of sewage disposal, and letter of approval of Incirprotection plan from tppropriale lire district; and G. IIconneclion to a contntnnily of municipal water or sewer system is proposed, a leper from tI)e governing body staling 0 willingness to serve; and 1 I. Narrative explaining wlty exemption is being requested; and 1. It shall be demonstrated that the parcel existed as described 00 January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January I, 1973. .1. A 1300.00 lee must he submitted with lltc application. Caloia u ,.,+ R_ Light, P.C. Pcliliol r , by Sherry A. Caloia, Esq. 1204 Grand Avenue Mailing Address Glenwood Springs, CO 81601 City 1970) 945-6067 Slate "Telephone Number • • I:, X1 I( - )N APPI .ICA B11.I"I'Y The Board of (:ounly Commissioners has the di:,,yrctionary power to exempt a division of land from lite dtlinition of subdivision and thereby from tlls procedure in these Regulations, provided llle Board determines that such exemption will not impair -pi -defeat lhestatecl purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. following it review or the individual facts ()leach application in light of the requirements of these Regulations, the hoard may approve, conditionally approve or deny all exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, sloes not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of llle Subdivision Regulations. A. No more than a total of torn- (4) lots, parcels, interests or dwelling units will be created liorn any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January I, 1973, and is not a part of ;t recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-ol=way (Stale or Federal highway, County road or railroad) or natural feature, preventing loins use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not beconsidered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield Comity zoning requirements ,vitt he stet; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and 1). Provision has been made for an adequate source of. wit ler in terms of both the legal and physical duality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and I:. All stale and local environmental health and safely reclrrirentcnls have been met or are in the process of being incl; and Provision has been made for any required road or :loan drainage improvements; and G. fire protection has been approved by the appropriate fire district; and I I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is 1;200.00 for each new lot created). PROCT I)URI:S A. A request for exemption shall be submitted to the Board on forms provided by the Gars field County I)eparllnenl of I)evelopntenl/Planning I )ivision. Two (2) colics of the application Wraps and supplemental information shall be submitted. • • 13. The Planning I)ivision shall review theexentption request forco►npleteness within eight (S) clays of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notiliecldi,f the additional information needed. If the application is complete, the applicant shall he notified in writing oldie time and place of the Board of County ('ominissioners steeling at which the request shall be considered. I n cif her case, not it icatton shall occur within fifteen (15) clays of submittal. Notice of the public steeling sh ill he mailed by certified mail, return receipt requested, to owners of record of Iand immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall he postal clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (?0) days prior to the sleeting. The applicant shall he responsible for mailing the notices and shall present proof of mailing at the sleeting. I). Al or within fifteen (15) days of the sleeting, the Board shall approve, conditionally approve or deny the exemption request_ The reasons for denial or any conditions of approval shall be set forth in the minutes oldie meeting or in a written resolution. An applicant denied exemption shall follow lhesubdivision procedure in these regulations. SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT • • CALOIA, HOUPT & LIGHT, P.C. ATTORNEYS AT LAW December 15, 1995 Mark Bean, County Planner Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Rosemarie Glas Subdivision Exemption Dear Mark: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 On behalf of Rosemarie Glas, we are submitting for the County's consideration a subdivision exemption application for a parcel located in Canyon Creek. I have enclosed two sets of the completed application form, maps and supplemental materials. Also enclosed is an application fee of $300. The 11.882 -acre parcel proposed to be created is bounded by Canyon Creek, the County Road 137 right-of-way, and the west boundary of Ms. Glas' Okanela Ranch property. Ms. Glas is proposing the division of this property given its division from her 683.79 -acre Okanela Ranch base property. The natural division prevents joint use of the parcels, and satisfies the criteria of Section 8.52 of the County land use regulations, providing that this type of exemption not count against the County's four -parcel limit. The parcel currently has no improvements, and access would be provided directly off of County Road 137 and/or the Williams Canal Road. Building sites are currently contemplated for the eastern portion of the parcel to be created, below the Williams Canal. Domestic water will be provided by a well protected by an augmentation contract from the West Divide Water Conservancy District. The West Divide contract will be maintained for consumptive use. A copy of the well permit application and application for West Divide contract are enclosed. Wastewater treatment will be by an individual sewage disposal system ("ISDS"), in conformance with state and local regulations. Other utility services can be provided through Public Service Company of Colorado and U.S. West. Also enclosed are maps from the Soil Conservation Service concerning soil types and characteristics. A Letter soliciting comments has been sent to the Glenwood Springs Department of Emergency Services. Its comments will be forwarded directly to the County Planning Office. A list of owners within 200 feet is enclosed. C: \WP51 \DOCS\BEAN 1.1 LT CALOIA, HOLM' & LIGHT, • • Mark Bean, County Planner Page 2 December 15, 1995 With regard to the Williams Canal, the contemplated building sites lie below the Canal, and should not impact it. If necessary, the final exemption plat would contain adequate plat notes to prevent impacts to the Canal and the access road. Frank Herrington of High Country Engineering is preparing a one -acre building envelope consistent with County regulations and we will forward it to you in the near future. If you have any questions or need any additional information, please feel free to contact me or Sherry Caloia. Very truly yours, CALOIA, - •UPT & LIGHT, P.C. amuel J. Light SJL:lin Enclosure cc: Rosemarie Glas, w/enc. C: \W P51 \DOCS\BEAN 1.1 LT IP TION T HALF OF THE NORTHWEST QUARTER GE 90 WEST, CF THE SIXTH PRINCIPAL F COLORADO; SAID PARCEL OF LAND FOLLOWS: ENTH CORNER OF SAID SECTION 24, TRUE POINT OF BEGINNING; THENCE OF SAID E1/2NW1/4 1692.71 FEET 1YON CREEK; THENCE LEAv1NG SAID S 4812'46" E 81.16 FEET; THENCE ANG SAID CENTER LINE: A POINT ON THE NORTHERLY RIGHT - A 60.00 FOOT WIDE EASEMENT; G THE NORTHERLY RIGHT-OF-WAY LEFT, HAVT.G A RADIUS OF 87.50 CENTRAL ANGLE CF 6616'32" T); THENCE. THE FOLLOWING SEVEN iT-OF-WAY LINE: TO THE RIGHT, HAVING A RADIUS OF 83.65 FEET AND A CENTRAL ANGLE CF 7'06'07" W 83.36 FEET) TO THE RIGHT, HAV1NG A RADIUS OF 3911 FELT AND A CENTRAL ANGLE OF 9'00'33" W 35.43 FEET) 10 THE LEFT, HAVING A RADIUS OF 182 68 FEET AND A CENTRAL ANGLE 01;- 9'37'53* F9'37'53" ? 177.79 FEET 0 A POINT ON THE. SOUTHERLY LINE AID NORTHERLY RIGHT-OF-WAY' LINE W 111.91 FEET TO THE TRUE PONT GNTAINING 11.882 ACRES, MORE OR 12 IIII BEARWALLCW 11 ACCESS RD 0 0 N 0 • • BLM ALUM CAP to 0 -t ro 0 CO rn t4, lM� rn II El /' NNWl /4 S' C 24 L2 W -C 1/16 SEC 24 REUAR & CAP \\ FOLD �`iEA1t-3T I1 i l _ J/ I i 1IGT ES: 1) THIS PROPERTY IS SUBJECT 10 RESER\ATIGNS, NE•JTRICIION`..,, C0vE,IANTS AND rASEMENTS OF RECORD 00 Ih1 PLACE. 2) DATE OF THIS SURVEY WAS JUNE 26, 1995. 3) OASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S J0'22'00" E BET',VEEN T11E SYE: QUARTLR LORIIER OF SECTION 24, A BOA AtUTAIfiUU CAP 111 P1 ALE AIiD THE SOUTHWEST CORNER CF' SECTION 24, ,A Bud ALUMINUM CAP 1': PLACE. SURVJYOR'S CERTI=ICATE C3 I, FRANK W. HARRINGTON, DO HEREBY STATE THAT 1 AM A REGISTERED LAND THIS PL: SURVEYOR -ICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT CO1.4VISSH THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE GLAS SUBDIVISION ExEMPTION AS _AID OUT, PLATTED, DEDICATED AND RECORDER SHOWN HERECN, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF THE INFO SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THAT THI THE LOCATION AND DIMENSIONS 0w THE LOTS, EASEMENTS AND STREETS OF GARFIELG SAID SuElOIv1(:!cH AS THF SAME ARE STAK,D UPON THF r',ROU11D I11 EXEMPTION PARCEL 4563 111 N 290 (ADAMS KE1l wl 1292• 293 i V )> 1 i 0. ,. 00... i 66/5 e ec a T -5 1111--1111,1 ky ii,_..i:T7i,_;---; l«�1, i; ) 17 eP f iO 0 J i)1 q i (1 i f - V ER 1S- O1fK ` < ,---_,,...__J\ /00_ ( ( I %i111 6200 1111 -- 7095 17) N �� 5800-1 �_rL`) f\ t_ ! Fly-' ), -- �' l -�-)� GII!('i Organic matter content is high. Surface runoff is , and the erosion hazard is slight. This soil is - cca ally flooded for brief periods between April ;er. pis soil is used mainly for grazing, wildlife habitat, and ed irrigated hay. Good management of water and izer maintains or improves the production of native SOIL SURVEY Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by steep slopes, high clay content, low strength, depth to bedrock and shrink -swell potential. Road con- struction and building foundations can be designed to reduce the effects of shrinking and swelling. A good drainage system reduces soil slumping. This soil is in capability subclass Vile, n at ass,evegetation othis needlegrass,andsmall amounts II of orbs 9 shrubs. /hen range condition deteriorates, dandelion, yarrow, Ditbrush, big sagebrush, and Kentucky bluegrass in - ase. Properly managing grazing maintains and im- ves range condition. Basin wildrye, slender wheat - ss, and western wheatgrass are suitable for seeding. paring a seedbed and drilling the seed re ee good oboes. Fencing protects this more productive s soil is lower than �vestock.soils Reducand �ing bauly con- sh m - Is the water supply for Nes the range. Aule deer, snowshoe hare, elk, coyote, and blue )use find habitat on this soil. floc�in This Lsommunity development is limited by g I is a good source of topsoil. This soil is in capability subclass Vle, nonirrigated. 34—Tanna silty clay loam, 25 to 45 percent slopes. is moderately deep, well drained soil is on mountain - les. Elevation ranges from 6,500 to 7,600 feet. This it formed in material weathered from shale. The aver - 'e annual precipitation is about 17 inches, the average inual air temperature is about 43 degrees F, and the 'erage frost -free period is about 100 days. Typically, the surface layer is grayish brown silty clay am about 9 inches thick. The subsoil is light brownish ay clay and light gray silty clay about 15 inches thick. out . le substratum is light gray channery clay loam ches thick. Weathered shale is at depth of 30 re areas inces. included with this soil in mapping oilard clay and shale outcrop on steep very e pe t enp Mountainsides. These areas make up 0to f the map unit. Permeability is slow, and available water capacity is ;w. Effective rooting depth is 20 to 40 inches. Surface anoff is rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited ;razing. The native vegetation on this soil is mainly Gambel )ak, serviceberry, snowberry, and elk sedge. When range condition deteriorates, orbs and shrubs ncrease. When the range is in poor condition, Kentucky )luegrass, weeds, and annual plants are numerous. Jroperly managing grazing maintains and improves ange condition. Mule deer, wild turkey, and cottontail rabbit find habitat jn this soil. nonirrigated. 65—Torrifluvents, nearly level. This broadly defined unit consists of deep, well drained to somewhat poorly drained, nearly level soils on flood plains adjacent to the Colorado and Roaring Fork Riv rs TThe and thseir sformeda rtnb n taries. Slope is 0 to 6 pe alluvium. widelyin texture These soils are stratified and vary and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam strati- fied with sand, gravel, and cobbles. In some areas gravel and cobbles are on or near the surface. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff from snowmelt. These soils are subject to brief, occasional flooding late in spring and early in summer. Included in mapping are small isolated areas of Wann soils that have slopes of 1 to 3 percent. Small areas of soiis that are moderately to severely affected by alkali are identified by an alkali spot symbol. Small, isolated areas where water stands at or near the surface all year a aare identified by wet spot and marsh spot symbols. These areas make up 15 percent of the map unit. These soils are used for wildlife habitat, recreation. and some grazing. cottonwood, willow, The native vegetation is mainly tamarisk and water -tolerant grasses, sedges, and rushes. In many areas these soils are suited to production of Fremont cottonwood. The soils are capable of producing 230 board feet of timber per acre from a fully stocked, even -aged stand of 40 -year-old trees. shelter Where these soils are accessible, they provide and forage for livestock. Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other native birds find food and sheltereen these soils. Where feasible, planting food plots, and shrubs, and nesting cover enhances the habitat for upland wildlife. Where the water table is high, open water for waterfowl and fish can be developed by blast- ing or by excavating. These soils have potential for recreation. Wildlife is abundant, and the nearby rivers can be used for rafting and canoeing. Community development is very limited by flooding, the seasonal high water table, and variable texture. Onsite investigation is necessary. These soils are in capability subciass Vllw, nonirrigat- ed. RIFLE AREA, COLORADO 1 to 6 percent. The Morval soils are in higher lying areas and haVe slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability no�e moderate.ately Effective andcavailable is water60 capacity is Inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited ging, and some irrigated hay and pasture. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, fords 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. Mule deer, cottontail rabbit, squirrel, anc wit turkey find habitat on this soil. Community development is limited b\ the iarae stones. This soil is it capability subclass IVe, nonirrigated. 14—Chilton channery loam, 6 to 12 percent slopes. This deep, well drained, rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5.000 to 6.500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. 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. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The substratum, is reddish brown, light brown, ano pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Begay and Marva; soils. The Begay soils have slopes of 6 to 12 percent. The Morval soils are in higher lying areas and have slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. 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 15 seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit. squirrel, and wild turkey find habitat on this soil. Community development is limited by slope and large stones. Thio 99!. is in capability subclass Vle, nonirrigated. 15—Chilton channery loam, 12 to 25 percent slopes. This deep, well drained, moderately steep to hilly soil is or alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. 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. Typically; the surface layer is reddish brown channery loam about 12 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Inducted with this soil in mapping are small areas of Begay and Marva! soils that have slopes of less than 12 percent. These areas make up 10 to 15 percent of the mao unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soii is mainly wheat - grass. needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is ir. Door 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 it the less sioping areas. Crested wneatarass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are Good practices. Mule deer, cottontail rabbit, squirrel, and wiid turkey find habitat on this soil. Community development is limited by steep slopes and large stones. Cut slopes should be revegetated im- mediately to reduce erosion and prevent gullying. This soil is in capability subclass Vle, nonirrigated. 16—Cimarron loam, 2 to 12 percent slopes. This deep, well drained, nearly level to undulating soil is in narrow mountain valleys and drainageways. Elevation ranges from 7,500 to 9,000 feet. This soil formed in alluvium derived from basalt. The average annual precipi- tation is about 18 inches, the average annual air tem- perature is 39 degrees F, and the frost -free period is Tess than 75 days. Typically, the surface layer is dark grayish brown loam about 4 inches thick. The subsoil is grayish brown silty 1.1 . n1.'1 ,. , ,< „, i.r. h H . MAY 1 z 1 k'.'" \11 \t \ Its 1nFa 1'I+tii+aA1• 1.11.11 •.1:1•.•1:!7", +11.1 tvN 'T1'! ST GARF1ELD MAY 12 1988 ► r 1_ State Doe. foe $ - (s.< 15 .11111• . oil (t"..,11.1;1 •t 1,1� `I ;11r nI1 nlu,adn, .•• t hf',r,11!ltfI(rlti,n of ..1..\ .i,i..',1: .,,11'n .: XI' 7 r) VA17'A13111 '.:•1111-1-,.11111' IN - 11,11 :I ,111 t, 111 1r1.1 �.,I Arid . till t r) In 1• •'1.1 .In• .11.1 .1 ' I11 r: '•1 i2 Aitts rlt klil ., ,• �, 1• :.:,I ..1-,.1„ ,• :t •i:11r -n 111.• :0.-I1�. 0. :r 1••1:1(� (.;1112 . an.l l 11.• Stator 11f 1• •li 1':Irin, i'larfield il,11111.!.., mid State of. ;1n , '11111.1•r 251q 117 13.,:Id, Glelnaxxi Springs, Cr) 81601 • 1114 "r ;arfir1.d f ay .1988 • '13R.TNKIJ Y 8. BRIZIIN, IT VV1LGTN1A I3PC<t'N RC1E}TS .• r, . .i. . �, Us. ..r 1. unN' 1x'11••••1 Lrt„rr 1,,, 11.. AS CO-TRUSfI.S OF THE -- 1 SEA LI Lot ..._..ISEALI 'SEAM BRTNK13?Y 13. 131R(WN TRUST 12th .1:., t:• Pr' i•, 31JNY•1J7.Y 13. f3HfININ, 111 AND VT!N;TNTA T3141AIN P(I3F1RTS, AS OE-TTZJS12:i•;i CF •?'III; 13P.I -1KTTi 111. lilt N r6 • } r: L J. N-:Int•.-mchand :.ud1. 1.111Ia1•.,r.1. 0_4,eisloc.L N, . • rf1WN.,r I I r r nIrl'iL, PAUI:r. 11 Wrfl , r,'T'II . SCr i' 1 "11 I: I,n!. ' , !'tyNWV , NWL:'WV :.r:r'1'1j1N 1 r' . "rrl'10N 11: 1,0l1 1 ar1'i i, tlrt1:?144, !W'IfiWI, UPI Tr'(01:111P rtnrrTlI, RANGE n1t, WFST, rill P.M. r•t^r"l•1111T , i : kohl 1 And r -'I rtWNr1i 1 r ° ,^.,nrr'1'll. RANGE on WEST, 17,•T'11 r.11. „l.r..l•l fN 21: r r1w'I , rIr'i , ;JF.l1`'r y c'nUN'rl/ or c,APF•1ELh 17•1'A'1F of r•IIr,fPAltll l'nont:tnr with any anti n1.1 wn11, spring, pond, r.nsnrvoir and. r,s watr'r rights an•i water resources, appurtenant t', trh ^• uptnt t .n above-described real - • • nsnd upon or in any way hnrlryf:i.t.t..i.ng l itni.tation, the following y wayof 1.1-nt,n•-ry including, but not h r,.,.ifir illy dnsctjbnri water riraht'.: Thr Warner Ditch (WD39 � Prioris in t y A No. 11148, 7 4 ,wot nt nvrmbtrt trioinal1 decreed for. 2) ls05, wi-rh an apprnprint•.ion date of June 1, 1889; ater right, . 'l'hn •aarnor Ditch (WD39) Priority No. 291 wQ on. right, n) io.inal ly dncrenrl for. 4.65 cfs,in Case No.•W--89ovnm, het' 10, 1956, with an appropriation date of June 1., 1920; '1'hn Lewis No. 1 Ditch water right originally r1ecrend for n.44 cfs, conditionally in C.A. 1148, on November. 2.2., 1905, ••'i! -h an apprr)pr'iat.l.gn date of ,lune 1., 1895; P. •1'►,n f,r'wis rt". T Ditch water right originally decreed for conditionally in C.A. No. 1148, on November 22, 19g5, with an appropriation date of June 1, 1905; E. • 'rhe Lewis No. 1 Ditch (WD39) Priority No. 289 water right originally decreed for 1.01 cfs in C.A. No. 4914, on Novem-. her 22, 1.966, with an Appropriation date of June 1, 1920; r 'rhe r,nwin No. 2 Ditch (WD39) Priority No. 1541382 watnr right r,) i 9i nal l y dncr ,r•d for. 0.04 cfs in 4 mate to. o f. ,June ,l.,on Novem- l,•,r 22_, 1905, with an app. appropriation 'l'hn Lewis tlo. 2 Ditch (Wi) 39) Priority No. 290 watrr rights ,-t.iuinal-ly. dnarnnd for. 1.1 cfs in C.A. No. 4914, on November. 10, 1166 with an appropriation date of June 1, 1920; N. 'l'hn RUster No. 1 Ditch (wD 39) Pri.o(ity .A. No. 287 water nr. i.vi nilly rtnoreod for. 1.48 fs in hr'!r i0, 1.966, with alt appr-,pr.iat'tnn date of J'tno 1, 1920; . f. 'I'Ite Possum No. 1. Ditch ( :u39) Priority ho. 288 wanittl��ntnt. originally decr.nnd for. 2..14 cfs in C.A. No. 4914, 1920. 10, 1nFf,, with an apr opriatinn date of Jnnn 1, • • ROSEMARIE GLAS P. O. Box 5172 Aspen, CO 81612 (970) 945-0660 To Whom It May Concern: I have authorized the firm of Caloia, Houpt & Light, P.C., to act as Applicant with regard to a petition for a subdivision exemption for the property described on Exhibit A (the "Property"); and to execute, deliver, amend, and accept delivery of any and all necessary documents relative to the application for a subdivision exemption to be filed on my behalf. I further authorize said law firm to generally do any and all things on my behalf which the attorneys in their discretion shall deem necessary or proper with regard to such application for subdivision exemption. I understand that this authorization shall be submitted to Garfield County. --(z(_,OLI_ ( Z-7 7 _, q '"--- Rosemarie Glas `� Date C: \ W P51 \ DOCS \G LAS2.1 LT EXHIBIT A PROPERTY DESCRIPTION A PARCEL. OF LAND SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 90 WEST, CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CENTER SIXTEENTH CORNER OF SAID SECTION 24, A REBAR AND CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 01'20'20" W ALONG THE WESTERL" LINE OF SAID E1 /2NW1 /4 1692.71 FEET TO A POINT ON THE CENTER LINE OF CANYON CREEK; THENCE LEAVING SAID WESTERLY LINE ALONG SAID CENTER LINE S 4812'46" E 81.18 FEET; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID CENTER LINE: 1. S 0419'08" E 182.46 FEET 2. S 12'52'03" E 207.11 FEET 3. 5 37'23'50" E 324.01 FEET 4. 5 7612'32" E 52.46 FEET 5. S 37'04'33" E 31.24 FEET 6. S 19'57'44" E 64.46 FEET 7. S 34'49'53" E 95.14 FEET 8. S 16'11'25" E 42.54 FEET 9. S 02'35'19" E 133.27 FEET 10. S 16'19'19" E 41.77 FEET 11. 5 1'40'12" E 88.09 FEST 12. S 24'35'59" E 86.41 FEET TO A POINT On THE NORTHERLY RICHT- OF-WAY LINE OF COUNTY ROAD NO. 137, A 60.00 FOOT WIDE EASEMENT; THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 87.50 FEET, A DISTANCE OF 101.21 FEET AND A CENTRAL ANGLE OF 6616'32" (CHORD BEARS S 32'00'35" W 95.6E FEET); MENCE THE FOLLOWING SEVEN (7) COURSE ALONG SAID NORTHERLY RICHT-OF--WAY LINE: 1. 5 01'0-7'41" E 62.96 FEET 2. ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 291.17 FEET, A DISTANCE OF 83.65 FEET AND A CENTRAL ANGLE OF 16'27'36" (CHORD BEARS 5 0 7'C6'C17" ,v 83.36 FEET) 3. 5 15'19'55" W 114.80 FEE T 4. ALONG AN ARC OF .1 CURVE 10 THE RIGHT, HAVING A RADIUS OF 25.65 FEET, A DISTANCE OF 39.11 FELT AND A CENTRAL ANGLE OF 87'21'16" (CHORD i3=ARS 5 5900'33" W 35.43 FEET) 5. N 77'18'49" W 25.43 FEST 6. ALONG AN ARC OF A CURVE 10 THE LEFT, HAVING A RADIUS OF 227.00 FEET, A DISTANCE OF 182.68 FEET AND A CENTRAL ANGLE OF 46'06'36" (CHORD BEARS S 79'37'53" W 177.79 FEET 7. S 56'34'36" W 124.02 FEET TO A PINT ON THE. SOUTHERLY LINE OF SAID E1 /2NV11 - 4; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WA" LINE ALONG SAID SOUTHERLY LNE 5 88'3/'05" W 111.91 FEET TQ THE TRUE PONT OF BEGINNING; SAID '3A.RCEL OF LAND CONTAINING 11.882 ACRES, MORE OR LESS. OWNERS WITHIN 200 FEET OF PROPOSED EXEMPTION 1. Peter F. and Dorothy M. Simmons Red Canyon Ranch Glenwood Springs, CO 80601 2. W.H.I., Inc. 5986 Financial Dr. Norcross, GA 30071-2949 3. Colorado National Bank, Denver, Trustee Attn: Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601-2931 5. K.E. Williams Rock -N -Pines Guest Ranch 0398 County Road 136 Glenwood Springs, CO 81601 C: \W P5 I \DOCS\GLAS. I LI WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. C• OLORADO DIVISION OF WATER RESOOCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER (x) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ) REPLACEMENT FOR NO )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Rosemarie Glas NAME c/o Caloia, Houpt & Light, P.C. STREET 1204 Grand Avenue CITY Glenwood Springs CO (State) TELEPHONE NO (970)945-6067 81601 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield SEy, of the NW Y.Section 24 Twp. 5 S , Rng. 90 W N,S) iE,W) 6th PM. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 3 Number of acres to be irrigated: 3,000 sq.ft. Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Canyon Creek Alluvium Owner's well designation Glas Well No. 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( X) DOMESTIC (1) ( 1 INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Colorado Licensed Driller (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY • Contract Map ID Date Activated. APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Rosemarie Glas, c/o Caloia, Houpt & Light, P.C. Address 1204 Grand Avenue. Glenwood Springs, CO 81601 Telephone Number 970 / 945 - 6067 Authorized Agent or Representative Sherry A. Caloia, Esq. B. WATER RIGHT OWNED BY APPLICANT Name of Right N/A Type of Structure or Right Well Location of Point of Diversion See Exhibit A -well application description; and Exhibit B -property description Water Court Case No. Well Permit No. Application pending C. INTENDED USE OF LEASED WATER Location of Area of Use SE1/4 NW1/4, Section 24, Township 5 South, Range 90 West (Canyon Creek) -Exhibit B Description of Use Domestic, lawn and garden Number of Dwelling Units 1 Total Acreage 11.882 acres Well Proposed Potable Water System Proposed Waste -Water Treatment System Septic tank and leachfield Projected Monthly Volume of Leased Water Needed in Gallons: N/A Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand gpm D. OTHER REMARKS Application pending with Garfield County for subdivision exemption for the property to be served by the well and contract. 12/15/95 Date Signat • SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT CALOIA, Hourr & LIGHT, P.C. ATTORNEYS AT LAW December 15, 1995 Mr. Jack Jones, Assistant Chief Glenwood Springs Department of Emergency Services 806 Cooper Avenue Glenwood Springs, CO 81601 Re: Glas Subdivision Exemption Dear Jack: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 On behalf of Rosemarie Glas, our office is filing with Garfield County a request for subdivision exemption for a piece of property she owns in Canyon Creek. Ms. Glas proposes to divide from her Okaneh Ranch property an 11.882 -acre parcel bounded by Canyon Creek, the County Road 137 right-of-way, and the west boundary of her Okanela Ranch property. Enclosed is a vicinity map and sketch map indicating the proposed subdivision exemption, and showing other physical features of the property. We appreciate your reviewing this information at you first convenience, and providing directly to the County Planning Department any comments you may have concerning the adequacy of emergency response to this location. Thank you in advance for your assistance. If you have any questions, please feel free to contact me or the County Planning Department. Very truly yours, CALOIA, HOUPT & LIGHT, P.C. Samuel J. Light SJL:lin Enclosure cc: Rosemarie Glas, w/enc. Mark Bean, w/enc. C:\WP5I \DOCSUONES. I LT OWNERS WITHIN 200 FEET OF PROPOSED EXEMPTION 1. Peter F. and Dorothy M. Simmons Red Canyon Ranch Glenwood Springs, CO 80601 2. W.H.I., Inc. 5986 Financial Dr. Norcross, GA 30071-2949 3. Colorado National Bank, Denver, Trustee Attn: Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601-2931 5. K.E. Williams Rock -N -Pines Guest Ranch 0398 County Road 136 Glenwood Springs, CO 81601 C:\WP51 \DOCS\GLAS.1 L1 •Sp -16-96 04:07P AQUA OC SYSTEMS INC 1 9. 984 0312 AQUA TEC SYSTEMS, INC. P.O. BOX 488 GLENWOOD SPRINGS, CO. 81602 TO WHOM IT MAY CONCERN: WELL LOCATION: OKANELLA LODGE, CANYON CREEK, COLORADO THE WELL WAS TESTED AT A PUMPING RATE OF 6.0 GALLONS PER MINUTE FOR 4 HOURS. THIS WELL SHOULD DO IN EXCESS OF 10 GPM. THERE WAS FULL RECOVERY WITHIN ONE HOUR OF WHEN WE STOPPED PUMPING. TOTAL DRAWDOWN WAS LESS THAN 3 FEET DATE OF TEST _9/4/06 APPROXIMATE STATIC LEVEL 69.1 FEET APPROXIMATE PUMPING SETTING 100 FEET THE TEST DATA OBTAINED IS REPRESENTITIVE OF ONLY CONDITIONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT FOR POSSIBLE SEASONAL VARIATION IN THE AQUIFER NOR LONGER PUMPING DURATIONS. ULLY SUBMITTED, STATE LI .NSE #1106 .S.[D-16-96 11:32A AQUA OF SYSTEMS INC JOHN C. KEPHART & CO. 1 970984 0312 GRAND JUNCTION LALfttjpillts. 435 NORTH AVENUE • GRAND JUNCTION, COLORADO 81501 • eceived from: ANALYTICAL REPORT AoLlaTec, Rus. FAX (970)984-0312 PO Box 488 Glenwood Spring, CD 81602 Customer No LaboraWryNo. 245G 9/5/96 Date Received Date Reported S,43Mple Nitrate(N) Nitrite(W) Total LollDater Sample water Okanoll Ludwr!, 9/4/96 4:00, 1411.1, Couoty, by ML, private 0.67 mg/1 0.00 mo/1 (<0.01) 0 coioni/100m1 rnp1e(4..safe) Teted 4or nitrate 9/10/96, nitrite 9/5/96, bacteria 9/5/96. r LI.J/ h4. Bauer- , •;, Sep —16-96 11:32A AQUA 4111C SYSTEMS •-• JOHN C. KEPHART & CO. GRAND iti\CTION LAOAT 435 NORTH AVENUE • eceived from: INC PHONE 242-1818 I[S 1 971 984 0312 • GRAND JUNCTION, COLORADO SI501 ANALYTICAL REPORT AquaTec, FAX (970)984-0312 PO Box 4E38 Glenwood Spring, CD 31602 24a1 Customer No Laboratory No 9/5/96 Date Received Date Reported Nitrato(N) Nitrite(W) lotal Colti-G)cm 86,Lterix.1 E SEMET SEP 1 6 1996 4'11 Y "..2.4LA3 Okan,?.11 Ludt44,,, 9/4196 4:00, Wt11, Cuurity, by ML, private 0.67 mg/1 0.00 mo/1 (<0.01) 0 coioni/1001o1 1 e (IxT,afe) Itited 4 r4itrate 9/10/96, nitritE 9/5/96, bactb.ria 9/5/96. 1 LLI1 ..1.L: L._14 ; h. Bauer '4 JUN 07 '96 04:51PM CHaL, P.L. P.1 SHERRY A. CALOIA JEFFERSON V, HOUPT SAMUEL J. LIGHT Via ,FacainilIg CAwIA, Houpr & LIGHT, P.C. ATTORNEYS AT LAW June 7, 1996 Mark Bean, County Planner Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE; (970) 945-6067 FACSIMILE; (970) 945-6292 Re: Rosemarie Glas tdivsion Exemption Approved by the Board on February 13, 1996 Dear Mark: Rosemarie Glas' subdivision exemption application was approved by the Board of County Commissioners at a hearing which was held in February of this year, Such exemption created one additional lot, such lot being split by natural divisions, My client has not yet been successful in drilling the well and would like an extension of time within which to complete all conditions of approval. It is my understanding that she is entitled to one additional extension. Please let me know when this extension is granted and what the final deadline will be for complying with all conditions. Thank you for your consideration, SAC:lln cc: Rosemarie Glas Bill Bullock G:1WPSI\DOCS\BEAN5.1LT Very truly yours, CALOIA, HOUPT & LIGHT, P.C. Sherry A. C o a • • Form No. GWS APPLICANT OFFICE OF THE S i ATL LNGINEEH COLORADO DIVISI N OF WATER RESOURCES 818 Centennial Bldg., 1313 lipPrnan St., Denver, Colorado 80203 (203) 888-3581 • LIC WELL PERMIT NUMBER DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: ROSEMARIE GLAS 0/0 CALOIA HOUPT & LIGHT 1204 GRAND AVE GLENWOOD SPGS CO 81601- (970) 945-6067 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 2300 Ft. from North Section Line 1700 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #951215RG(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 3,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. APPROVED A JD2 Receipt No. 0394530 DATE ISSUED F t B 1 6 1996 EXPIRATION DATE C B 16 1997 IN REPLY REFER TO: • United States Department of the Interio BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 January 31, 1996 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. McCafferty: (17;15 .....,h.7 -8.8.0-}... In response to your request for comments regarding the proposed Gias Subdivision Exemption located 2 miles north of I-70 off County Road 137, I offer the following statements for your February 13, 1996 public meeting. The northern and eastern portions of the 683.88 acre tract are adjacent to public lands administered by this office. Current uses on the BLM include wildlife habitat, livestock grazing, and dispersed recreation such as hunting. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. Although the nearby public land has current permits for livestock grazing, the proposed 11.88 acre lot does not lie adjacent to BLM. Under Colorado statutes, it is a landowner's responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/BLM boundary is recommended to resolve this use conflict. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public lands are open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation ,s es are allowed on BLM-administered land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 5. The proposed subdivision exemption lies Encroachment of homesites and people on big deleterious effect on game herd populations within deer critical winter range. game winter ranges can have a and health. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at (970) 945-2341. Sincerely, --niJ61_,( Avt9Leis Michael S. Mottice Area Manager r • • Er2 WEST DIVIDE WATER CONSERVANCY DISTRICT P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 Caloia Houpt & Light, P.C. 625-1887 Officers Board of Directors President 876-2821 Kelly Couey Kelly Couey 4745 C. R. 315 4745 C.R. 315 Silt, CO 81652 Silt, CO 81652 FEB 6 1996 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 February 1, 1996 Rosemarie,/Glas c/o She -y Caloia, Esq. 1204 Grand Avenue Glen400d Springs, CO 81601 Dear Ms. Glas: William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Larry S. Axthelm 1002 Cooper Ave. Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed is your approved contract #951215RG(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled. • • Rosemarie Glas February 1, 1996 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, P.E. w/enclosure Sherry A. Caloia, Esq. w/enclosure P.S. The fee for the one acre foot is $110, payable immediately. • Contract No. 951215RG(a) Map ID Nak 208 Date Activate 01/13/96 APPLICATION AND.DATA FORM TO LEASE WATER.FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Rosemarie Glas, c/o Caloia, Houpt & Light, P.C. Address 1204 Grand Avenue, Glenwood Springs, CO 81601 Telephone Number 970 / 945 - 6067 Authorized Agent or Representative Sherry A. Caloia, Esq. B. WATER RIGHT OWNED BY APPLICANT Name of Right N/A Type of Structure or Right Well Location of Point of Diversion See Exhibit A -well application description; and Exhibit B -property description Water Court Case No. Well Permit No. Application pending C. INTENDED USE OF LEASED WATER Location of Area of Use SE1/4 NW1/4, Section 24, Township 5 South, Range 90 West (Canyon Creek) -Exhibit B Description of Use Domestic, lawn and garden Number of Dwelling Units 1 Total Acreage 11.882 acres Proposed Potable Water System Well Proposed Waste -Water Treatment System Septic tank and leachfield Projected Monthly Volume of Leased Water Needed in Gallons: N/A Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Maximum Instantaneous Demand Acre Feet one gpm D. OTHER REMARKS Application pending with Garfield County for subdivision exemption for the property to be served by the well and contract. 12/15/95 Date Signat • • Contract 4 951215RG (a ) Map ID 4 208 Date Activated 01/13/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: Rosemarie Glas, r/n Calma THnnpr R, Tight, PC Quantity of water in acre feet one Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et sec., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use oE water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount ret forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year oE storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point oE -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre -Foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- • 19. Binding Agreement: This'Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. STATE OF COLORADO ss. COUNTY OF GARFIELD APPLICANT:_ By l?l�L�/G �Pi1 APPLICANT DRESS: c/o Caloia, Houpt & Light, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970)945-6067 The foregoing ins'- ' i9 wabya. 'vr dq• ea/CI.C. me on this /s d a y of CPtr•�.ber � y�-/�/ Lt' Witness my hand and official seal. My Commission expires 6/28/99 My commission expires: otary Pu,S is ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERV •IST ATTEST: Secretary President /3/� Date ' This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- WRJ-5-Ruv. 76 Application most be cornplete.where appiicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. EXHIBIT A CCORADO DIVISION OF WATER RESO•ES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( 1 A PERMIT TO USE GROOND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: ( 1 A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO 1OTHER WATER COURT C.ASE NO (1) APPLICANT - mailing address Rosemarie Glas NAME c/o Caloia, Houpt & Light, P.C. STREET 1204 Grand Avenue CITY Glenwood Sorinas CO 81601 (state) (ziPI TELEPHONE NO (970)945-6067 (2) LOCATION OF PROPOSED WELL County Garfield SE', of the My 1/4 Section 24 Two. 5 S Rng. 90 GI 6th P.M. N.Si E.WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 3 Number of acres to be irrigated: 3,000 sq. f t . Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Canyon Creek Alluvium Owner's well designation Glas Well No. 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( x) DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (91 DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Colorado Licensed Driller Street City (State) (LIP) Telephone No Lic. No. FOR OFFICE USE ONLY DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL This web shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D, COUNTY _ (5) THE LOCATION OF THE PR SED WELL and the area on (6) THE WILL MUST BE LOCATED BELOW which the warer will be used must he indicated on the diagram below. by de;ranc es from sects. in line , Use the CENTER SECTION (1 !,et;tlun, rill) .1cr,es) for the weil location ft ', _ 3f)1) trim North . set:. line NORTH1 1 MILE. 5230 FEST ----- NORTH SECTION LINE SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. pfl(th ,,r •.,ifhr • 700 It, rrf3nl West 5e•- litre (Nast ^r .vrtl LOT N. A BLOCK FILING SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED wll Rosemarie Glas No. of acres Will this be the only well on this tract? Yes WATER EQUIVALENTS TABLE (Rounded Figures/ An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second icfs) . 449 gallons per minute (gpml A family of 5 will reouire approximately 1 acre-foot of water per year. 1 acre-foot .. 43.560 cubic feet 325.900 gallons. 1.000 gpm oumpea continuously for one day produces 4 42 acre-feet (8) PROPOSED CASING PROGRAM Plain Casing 8- 5 8 in. from 0 ft. to S0 ft in from ft to ft Perforated casing 8-5/8 in from 80 ft. to 100 ft in from ft to t (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Rosemarie Glas No. of acres: 11 .882 Legal description See attached Exhibit A (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and )Nater Court Case Numbers. Type or right N/A Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIG, A rURE OF APPL ICAN r(S) • • EXHIBIT B PROPERTY DESCRIP TION A PARCEL OF LAND SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 90 WEST, CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CC0MENCING .AT THE WES- CENTER SIXTEENTH CORNER CF SAD SECTIO'.1 24, A FEBAR AND CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 01'20'20" W ALONG THE WFSTERL" UNE OF SAID E1 /2NW1 j4 1692.71 FEET TO A POINT ON THE CENTER LINE OF CANYON CREEK; T-iENCE LEAVING SAID ' ESTERLY UNE ALONG SAID CENTER LINE S 4812'46" E 81.18 FEET; THENCE THE FOLLOWING TWELVE (12) COUPSE=S ALONG SAID CENTER LINE: 1. E 0419'08" E 182.46 FEET 2. S 12'52'03" E 207.11 FEET 3. S 37'23'50" E 324.C1 FEET 4. S 7612'32" E 52.46 FEET 5. S 37'04'33" E 31.24 FEET 6. S 19'57'44" E 64.46 FEET 7. S 34'49'5.5" F 95.14 FEET 8. 5 16'11'25" E 42.54 FEET 9. S 02'35'19" E 133.27 FEET 10. S 1619'19" E 41.77 FEE!' 11. 5 31'40'12" E 88.09 FEET 12. S 24'35'59" E 86.41 FEET TO A POINT ON THE NORTHERLY RICHT- OF-WAY UNE OF COUNTY ROAD NO. 137, A 60.00 FOOT WIDE EASEMENT; THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURE TO THE: LEFT, HA\ANC A RADIUS OF 87.50 FEET, A DISTANCE OF 101.21 FEET AND A CENTRAL ANGLE 00 6616'32" (CHORD BEARS 5 32'00'35" W 95.66 FEET); MENC1= THE FOLLOWING SEVEN (7) COURSE .ALONG SAID NOR1HERLY RICHT-OF--WAY LiNE. 1. 5 01'0'41" E 62.96 FEET 2. ALONG AN ARC OF A CURVE 70 THE P.ICHT, HAVING A RADIUS 00 291 17 FEET, A DISTANCE OF 83.65 FEE i 4';D A CENTRAL ANGLE CF 16'27'36" (CHORD BEARS S 0 7'C6';,7" ,r 83.36FE-ET) .3. 5 15'19'55" w 114.80 FF.E 4. ALONG AN ARC Or : CURVE 10 rHE P;GHT, HAVING A RADIUS OF 25.65 FEET, A DISTANCE OF 39.11 FELT AND A CENTRAL ANGLE OF 87'21'16" (CHORD 3=ARS 5 59'00'3 {" 'w 35.43 FEET) 5. P1 77'18'49" W 25.43 FEET 6. ALONG AN ARC OF .A CURVE 10 THE LEFT, HvlrNG A RADIUS OF 227.00 FEET, A 015 LANCE OF 182.68 FEET AND A CENTRAL ANGLE OF 46'06'36" (CHORD BEARS S 79'37'53" 177,79 FEET 7. S 56'34'36" W 124.02 FEET TO A POINT ON THE SOUTHERLY UNE OF SAID E1 /2NV/1 '4; THENCE LEA\ANC SAID NORTHERLY RICHT-0;0-WA'' UNE ALONG SAID SOIJ THEP.LY L NE S 88 2. /05" w ' 1 1.91 r EET TO THE TRUE PO.N T OF BEGINNING, SAID 'ARCED. or LAND CC.N"a!rnrIC 11 Hr2 ACNES, "AURE 0a LESS. Proposed Weil R 9 1 W 2 - �soo 136 36 /: I:y I •lv -o ter � �' , - - 1(9/'111 I ) 4 =.4 r 0 38(-•')" 26,27.28 J1 °/rew. 1� R9 1W 1 4.y !70 1 ,6 7 -1 1f� 8800 - m --1- � r - 5400 I t k,Cyz i c o 13 AREA A I.. I 'NEW CASTLE 12461 131._1 09-114 5.00 2 r Lit SILT' J1 610, 25 46 ,,-''�"37ii -99�� u I - I 24 23 i1• _ L L 1 16 AREA A„ 19 24 19 - r r I 1 I --r-- -r 1 :I i/200 T' 1- - 6 JB r 2 U 1 J 24 I I'21.Y- 1 I L 1 Il' 12-20-95 i �► DEPARTMENT OF EMERGEKY SERVICES Mr. Mark Bean GARCO Planning Dept. 109 8th Street Glenwood Springs, CO.81601 Dear Mark, Utill 2 1995 Ni-t'=i6L.`v GUUN 1 Y I have been requested to write this letter in reference to the Glas subdivision exemption by Samuel Light. The property in question is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS response will continue as it now does. Because I have limited information on the proposal, it should be made known that if this area is developed, requirements of the Uniform Fire Code may apply. These requirements could include water supply and flows for fire protection, proper access roadways including surfaces, grades and widths, and wildland fire protection measures. At this time I have no objection to the exemption as long as the property owners are aware of the potential fire code requirements. If you have any questions, please give me a call. Sincerely, ack Jones Asst. Chief, Glenwood Springs Dept. Of Emergency Services cc: Samuel Light File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 i _II • SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT CALOIA, Hourr & LIGHT, P.C. ATTORNEYS AT LAW October 1, 1996 Mark Bean, County Planner Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Glas Subdivision Exemption Approval Dear Mark: OCT 0 2 1996 ,ou1V 1 Y 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Enclosed please find a check made out to Garfield County for the school impact for the creation of the additional lot on behalf of Rosemarie Glas. I previously submitted to you a copy of well permit, contract for West Divide water, well pump test showing that the well pumps 6 g.p.m., water tests showing that the water meets the guidelines of the Department of Health, and the final plat containing all of the plat notes as were in your letter of March 19, 1996. Previously submitted at a hearing was documentation that the property has two building sites one acre below the ditch and one acre above the ditch that are less than 40 percent slopes. The building envelopes are shown on the plat. This should take care of the requirement that the 40 percent slope be met. Please let me know if you need any additional items in which to approve and sign the final exemption plat. I understand that there will be recording fees that must be paid. Please let me know the amount of money you will need for recording the final exemption plat. If you have any questions, please feel free to give me a call. Sincerely, CALOIA & HOUPT, P.C. Sherry A. loia SAC:11n Enclosure cc: Rosemarie Glas Bill Bullock GLAS-Bean-ltr-2 " Sam Light is no longer with the firm. The name of the firm is now Caloia & Houpt, P.C. SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT • • CALOIA, HOUPT & LIGHT, P.C. ATTORNEYS AT LAW September 20, 1996 Mark Bean, County Planner Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Glas Subdivision Exemption Dear Mark: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 17141 SEP `2'3. 1996 J LARFCUD COUINIY Enclosed please find a copy of the water quality analysis and a copy of the well pump test for the well that was drilled on the 11 acre parcel approved for subdivision exemption by the county commissioners earlier this year. As you can see from these two reports, the water quality and water quantity is well within the range of wells in this County. I note that your requirement is that you receive adequate proof that the well will be serviceable for domestic purposes, noting that a single family uses approximately 350 gallons per house per day. I note that at 6 gallons per minute the yield of this well is easily well in excess of the 350 gallons per day. However, I am uncertain whether you need additional information or whether this well pump test by the licensed pump installer will be adequate. Frank Harrington also delivered to you a copy of the final exemption plat that I understand you forwarded to Sam Phelps for his review and signature. Please let me know if you need any additional information with respect to that plat as we are approaching the deadline and we would like to make sure we meet all of the final obligations. Please give me a call at your earliest convenience to discuss this matter. We hope to have a final saleable piece of property within the next few weeks. Very truly yours, CALOIA, HOUPT & LIGHT, P.C. SAC:nla cc: Milni Glas, w/enc. Bill Bullock, w/enc. GLAS-Bean-Itr-1