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1.0 Application
c::::----' . . -. e BEFORE TH~OARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION ... - Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(<l) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2 :20.49, the undersigned _ __...L_,.,_a_,_r r,__y,__,.a'-'-'n_,.d-'B..._,a.,_,r-"b'""'a'"'""r=a __,F'--'l~u=e'-'--r _________ res pectf u 11 y pe Li Lions the Board of County Commissioners of Garfield County, Colornuo, to exempt by Resolution the division of 25 374 acre tract of lanu into -~t~w~o __ tracls of approximately_ 18.728 and 6.646 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the lermsare used and defmed in C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations for the reasons stated below: to create two parcels which are now divided by an easement serving neighboring parcels. The easement forms a natural boundary between the parcels and is currently used for access/egress. Independent dwe ll ing units exist on the parcels proposed. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: .: ,, A. B. C. D. E. F. G. H. I. J. Sketch map at a minimum scale of l "=200' showing the legal description of the properly, din1ension and area of all lo ls or separate interests to be created, access lo a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Vicinity map at a minimwn scale of 1 "=2000' showing the general topographic and geographic relation of the proposeu exemption to the surrounuing area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land in1mediately adjoining and within 200 feet of the proposed exempt.ion, mineral owners and lessees of mineral owners of recorJ of the property to be exempted, and tenants of any structure proposed for conversion; and Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and Narrative explaining why exemption is being requested; and It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. A $300.00 fee must be submitted withc t#:;f;Jt::L ~~ ~arry and Barbara Fluer Petitioner 0477 County Road 112 Mailing Address Carbondale, CO 81623 City Stale 303 963 3921 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has lhe discretionary power to exempt a division oflaud from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will notimpairordefeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, condition a lly approve or deny an exemption. An application for exemption must satisfy, at a minimwn, all of the review criteria listed below. Compliance with the review criteria, however, does not en s ure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling uni ls will be created from any parcel, as that parcel was described in the records of the Garfield County Oerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be di vided by exemption that is split by a public right-of-way (Slate or Federal highway, County road or railroad) or natural fe ature, preventing joint use of the proposed trE-cls, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield Cow1ty zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D.' Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and sa fety requirements have been met or a re in the process of being met; and F. Provision has been made for any required roau or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special asses sments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department ofDevelopmenUPlanning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption requestforcompleteness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. lf the application is complete, the applicant shall be notified in writing of the time and place of' the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submi tlal. C. Notice of the public meeting shall be mailed by certified mai l, return receipt requested, lo owners of record ofland immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (3)) days prior lo the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing al the meeting. ' D. At or within fifteen (15) days of the meeting, the lloard shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. i ll\001 Recorded at / / ', j '?{ o'cloc~_Li_M.. NOV 18 198b 1'61..£0 ~~ ~ © \ Rmp<iooNo_._.Ji424_ ~ a·~Reco<de< I THIS INDENTURE, 17th N::lvember BOO~ 699 PtGE323 !I ,1986 ,between Made this da y of IARRY L. FWER AND l3ARBA.RA L. FWER whose address is 15298 Kennedy Road, IDs Gatos, california 95030 part ies of the first part, and the Public Trustee of County of Garfield in the State of Colorado, party of the second part, Witnesseth: THAT, WHEREAS, The said Larry L. Fluer and B:lrbara L. Fluer ha ve executed one promissory note bearing even d a te herewith , for the principal sum of Three Hrmdred payable to the order of whose address is Thousand and 00/100-----( $300, 000. 00 )--------------------Dolla rs, Pitkin Cormty B3.nk and Trust Co. 534 E. Hyrran Avenue, Aspen, CO 81611 after the date hereof, with interest thereon from the date thereof attherateof 9.50 percentperannum ,payable in twenty-three (2 3) consecu'cive nDrrtllly I payrrents of $2,522.60 each, to be applied first to interest, balance to principal , cormencing 12/17/86, and on the 17th day of each rronth thereafter, with the rerraining principal balance plus accrued interest due and payable in full at or before rraturity~ 11/17/88. Payrrents nay be adjusted rronthly to reflect any i ncrease __ irL rh~ FIRn 1>.::is~ rate. AND WHEREAS, Tfie saiCI parT ies of the firs t p a rt are desirous of securing payment of th e 'I I I 11 principal and interest of said promissory note in whose hands soever the said note or any of th e m m a y be . NOW, THEREFORE , The said parties of the first p a rt, in consideration of the premises and for the purpose aforesaid, I 1 do hereby grant, bargain, sell and convey unto the said p a rty of the second part in trust forever, the following d e scribe d property, s itu a te in the County of Garfield , State of Colora do, to wit: Parcels A & B, Bearwald Exemption, plat recorded May 9, 1983 as Reception Numter 341865, Cormty of Garfield, State of Colorado. Togethe r with a right-of-way and easement for road purposes as set forth !I 1' II I in documents recorded 6/10/68 in Book 395 at Page 23 as Reception No . 241103 11 and recorded 9/19/74 in Book 464 at Page 546 as Reception No. 264830. I' RELEASED : JAN 0 9 1989 I 1 also known as street and number. PUBLIC TRUSTEE Gt.i r:F El~ COUJ\ITY TO HAVE AND TO HOLD the same , togethe r with all and singular the privil eg es a nd appurtenances thereunto bel onging: In Tru s t Nevertheless , That in 11 ca se of default in the payment of said note or any of them, or an y part thereof, or in the payment of the interest thereon, according to the te nor a nd effect I i of said note or any of them , or in the payment of any pri or en c umb ra nce s , prin cipal or int e re st. if any . or in case default shall be ma de in or in case of I viol ation or bre ach ofany of the term s , conditi o ns . covenants or ag reement s herein co nta ined , th e beneficiar y he re und e r orthe lega l hold e r of the ind e btedne ss se cured I he re by may declare a viol ation of any of the covenants herein co ntained and elec t to adverti se sa id property for sal e and de ma nd suc h sa le . then. upon filin g noti ce of such election and demand for sale with the sai d party of the second pa rt. who shall upon receipt of such notice of ele cti o n a nd dem a nd for sale ca use a co py oft he sa me to be rec orded in the recorder's office of the coun ty in which said real es ta te is situ a ted . it shall and may be lawfu l for sa id part y of th e seco nd part to sell and dispose of the same (en masse or in separate parcels, as the sai d Public Trustee ma y think best). a nd all the right. title and interest of said pa rt ies of the first part, their heirs or assigns therein, at public auction a t the front door of the Court Hou se. in the Co unt y of Ga.rf ield . Sta te of Col orado , or on said premi ses . or an y par t thereof as ma y be s pecified in th e noti ce of sa id sa le . for the hi ghes t and be st pnce the same will bring in cash, four we eks ' public notice having been previ o usly given of the time and pl ace of su ch sa le. by adverti sement, 1 ! weekly, in some newspaper of general circulation at that time published in said county of Garfield . a copy of which noti ce shall be mailed within ten days from the date of the first publ ication thereof to the said part ies of the first pa rt at th e addre ss herein given and to such per so n or persons appe a ring to have acqu ired a s ubsequ e nt record interest in sai d re al esta te at th e addre ss given in th e rec orded in strument : wh ere onl y the co unty and sta te is ' given as the address then such notice sh all be mailed to the county seat . and to make and gi ve to the purch as eror purch as ers of such prope rt y at such sa le. a certifi cat e or ce rtific ates in writing de scribing such pro perty purchased, and the sum or sum s paid therefor. and th e time when the purchas er o r purch as ers (o r oth e r per so n entitl ed thereto) shall be en ti tied to a deed or deed s t'ierefor, unl ess the same s hall be red ee med as is provid ed by law: an d sa id Pu bli c Tru s tee shall. up on dema nd by the pe rso n or per sons holding the said certificate or certifica tes of purchas e . when said demand is made . or upon demand by the person entitled to a deed to and for the pro pe rty purchased, at the time such dem and is made . the time for redempti on having expired. make a nd ex ecut e to such person or perso ns a de ed or dee ds to th e said property purchased , which said deed or deeds shall be in the ordin ary form of a conveya nce , and s hall be signed. ac kn ow ledg ed and delivered by the said Public Tru stee, as granter, and shall convey and qu it-claim to such person or perso ns entitled to s uch deed, as grantee , the said property purchased as aforesaid and all the right, title , interest , benefit and equity of red empti o n of the pa rties of the fir st I part , rheir heir s a nd ass igns therein . and sh all recite the sum or sums for whic h the sai d pro pert y was sold and shall refer to the po we r of sa le th e rein contli1iCU:-and to the sa le or sale s made by virtue thereo f: and in case of an ass ignm e nt of suc h certificate or certifi cate' of pu rd i;"e · or in ca'c of th e redemption of such propert y, by a subse4ucnt e nc umbran cer. su ch "-'signmcnt or red empti o n sh all al so he referred tu in such deed or deed s ; hut the not ice of sale need not be set out in such deed or deeds and th e said Public Tru stee shall , out of the proceeds or a vai ls of su c h s;de . after fir.I pa ying and rc~1ining all fee s . charges and costs of making said sale, pay to the benefic,iary hereunder or the le gal holder of sai d note the principal a nd interest due on said note according to the tenor and effect thereof. and all moneys advan ced by s uch beneficiary or le gal holder of sa id no te for in surance , taxes and assessments, with interest thereon at 9. 50 per cent per annum . rend erin g the overplu s . if a ny , unto the said part ies of t he fir st 1 pan, ti:eir!egal representatives or assign s ; which sale o r sales and sa id deed or deeds so made shall be a perpetual bar. both in law and equit y, again s t the said part ies of the first part, their heir s and assi gns, and all other person s cla iming the said propert y. or an y part there of. by, i from . through or under sai d part ies of th e first part . or any of them. Th e ho lde r or hold ers of sa id note or notes may pu rc has e sa id pro pert y or a ny part the eof; and tt shall not be obhgato~y upon the purch as er or purchasers at a ny such sale to see to the a pph ca t1on of the purch as e mone y. If a relea se deed be ired , it is agreed that the part J..eS of the fi rs t part , their hei rs or assi gns, wil l pay the expen se thereof. ===============-====-=========-=-=-=-=-====~:::-~--=---~-~-------~ No. 341-A. Rev. '79-DEED OF TRUST-Public Truste<-(with "duc on ,;ale dausc."J-Rcccil-cr 's Cl:iusc-Attornc)"s Fr<~. Bradford Publi shing. 5825 W. 6th Ave .. L.1kcwoo<l . CO 80 "14 -(303) 23:\-6900-6-82 BOOK 699 P~GE324 of the r ... rt. for theins·el ves . and for ,apeir heirs, executors and administrators and agree W to and with the said party of lhe second part .• t the time of the ensealing of and delivery of these And the said pan ies cove nant presents well se ized of !he said land a nd lenements in fee simple, and ha ve good right, full power and lawful authority to gra nt , bargai n. se ll and convey lhe same in lhe manner an d form as aforesaid; hereby fully and absolulely waiving and releasing all rights and claims they may have in or to said lands. tenemenls, and property as a Ho mestead Exemption, or other exemption, under a nd by virtue of any acl on he General Assemblyofrhe State of Co lorado, or as any exemption under and by vinue of any act oft he Uniled States Congress, now exisling or which may hereafter be passed in relation thereto and th at the same a re free and clear of all liens and encumbrances whatever. and the above oorgained property in the quiet and peaceable possession of the said party of the second part. his successors a nd ass igns , against all a nd every person o r persons lawfu ll y claiming or to cl <tim lhe whole or any part I hereof, the said part ies of the first part sha ll a nd will Warrant and Forever Defend. Until payment in full oft he indebtedness the part ies oft he first part shall timely pay all taxes and assessment s levied o n the property; any and all a mounts due on account of princip;J anJ inlcre s t or other s ums on any se niorencumbrance s, ifany; and will keep al l improvement s that may be on said lands insured aga in sl any casualty loss. including extended cover.tgc. in a company or companies meeting the ne t worth requirements oft he benefic ia ry hereof in an a mounl not le ss than the then tol al imkbiedne ss. Each policy sh <JI contain a loss payable clause na min g the benefic iary as mongagee a nd shall further provide I hat the insurance may not be ca nceled upon le ss than ten Jays w1illen no lice 10 the beneficiary. Al the option of I he beneficiary, the original policy o r pol ici es of in s urance sha ll be delivered 10 the be nefici ary 'L' furl her >-ecu1ity for 1hc indcbrcdnc". Should rhe pan ies oft he first part fail to insure and deliver the policies or to pay taxes or assessments as lhe sa me fall due. or to pay any amounts payable upon scnio r cncumhranccs . if any, the beneficiary may make any suc h payments or procure any such insurance, and all monies so paid with interest thereon a t the rate of 9. 5 0 '7o per annum shall be added to and become a part oft he indebledness secured by this Deed of Trust and may be pa id out of the proceeds of the sale of the property if not paid by the part ies of the first part. In addition, and at its option, the beneficiary may declare the ind ebledness secured hereby and thi s Deed of Tru st to be in default for failure to procure insurance or make any of the payments required by this paragraph. If al l or any part of the property o r an int erest therein is sold or tran sferred by First P:irt ies without beneficiary's prior written consen t , exc lu din g (a) the creation of a lie n or encumbrance subo rdinale to this Deed of Tru st, (b) the creation o f a purchase money sec urily intere st for household appliances. (c) a tran sfe r by devi se, descent or by operation of law upo n the dealh ofajoint tenant or(d) the grant of any le ase hold interest of three ye ars or less not containing an option to purchase, beneficiary may, al beneficiary's op tion. declare all the sums sec ured by this Deed of Trust to be immediate ly due a nd payabl e. Beneficiary shall have waived such option to accel erale if, prior 101 he sa le ort ran sf er, beneficiary and the person to whom the property is to be sold ort ransferred reach agreement in writing that the credi1 of s uch perso n is satisfactory to beneficiary and tha t the intere st pa yable on the sums secured by I his Deed of Trust sha ll be a t such rate as be neficiary shall request. AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the same party of the second part or the holder of said note or certificate of purchase. shall at once become entilled to the possession. use and enjoyment of the property aforesaid, and to the rents , issues a nd profits thereof, from the accruing of s uch right and during the pendemcy of foreclosure proceedings and the period of redemption, if any there be; and such possession shall at once be de livered to the said parry of the second part or the ho lder of said note or certificate of purchase on request, and on refusal , the delivery of such possession may be enforced by the said parry of th e second part or the holder of said note or certificale of purchase by any appropriale ci vi i suit o r proceeding, a nd the said party of the second part, or the holder of said note or certificate of purchase, or a n y thereof, shall be entit led to a Receiver for said property, and of the rents, issues and profits thereof. after such default, including th e time covered by forec losure proceedi ngs and the period of red e mption. if any there be, and shall be en titl ed there to as a matter of right without regard to the solvency or insolvency of the part ies of the first part or of the then owner of said property and without regard to the va lu e thereof, a nd such Receiver may be appoinled by any court of competent jurisdiction upon ex parte app li cation and without noticc--nolice being hereby expressly waived--and all rents. issues and profit s , income and revenue therefrom shall be applied hy ""h Receiver to the payment of lhc inJebteunc" hereby "'curcu, according to the law and the orders and direction s of the court. AND, That in case of default in any o( said payments of principal or interest, according to the tenor a nd effect of said promissory note aforesaid, or any of them, or any part thereof. or of a breach o r violation of a ny of the covenants or agre ements herein, by the part ies of the fir s t part, their executors, admi ni stra tors or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the tim e oft he sale, may al once, at the option of t he lega l holder thereof, become due and payable, and the said property be sold in the manner a nd with th e same effect as if said indebtedness had ma tured , and lhat if forecl os ure be made by the Public Truslee, an attorney's fee of the sum of a reasonable arrnunt-_ ~for services in the supervision of said foreclosure proceedings shall be a ll owed by the Public Trustee as a pan ol the cos! offorec!Osu re, and if foreclosure be made tlirough the courts a re asonable attorney's fee shall be taxed by the courl as a pa rt of the costs of suc h foreclosure proceedings. Should any provision of I his Deed of Trust be found to viola le the statutes or court decisions of I he State of Colorado, or of the United States, such provision shall be deemed 10 be amended 10 comply with and conform to such stalutes and decisions . IN WITNESS WHEREOF, The said part ies the d ay and year fir st above written. WITNESS: STATE OF COLOJ3('-DO, , l ".-:·,· ""CCiunt;;,of ·J,_}d_l\ctl~ ss. .... \.,:' L. /) ,,JJ : ~~ \ ... -..... '""> '., .-· r, -. . . ,_). · •. <-· ,, r.lT;i ")·""o ·· .. \ • • •I l • ... -- oft he first part have hereunto se t their hand S and seal ~~~-tr;a_~_[SEAL] Larry L. Fluer ~~~~~~~~~~-,.,--~~~~~~-r-~~~-CSEALJ ~~~~"'-"';~~--=-=-~~=-~~-----11.(SEAL] B3.rbara L. Fluer The foregoing instrument was acknowledged before me this __ {~')~Y-~--------- d ay ot)}J-V--, 19ti. by Tarry L. FJ uer an Ba.rbara L. Fluer Witne ss my hand and officia l sea l. Notary Public. • • • Chen e Northern , •. May 21, 1992 Barbara Fluer 0477 Road 112 Carbondale CO 81623 Consulting En<J iriccrs and Sc1cn 11sts 5080 Roa d 154 G lenwood Springs. Colorado 81601 303 945-7458 303 Rr. 236'.l. E~rs1llJ.!!e { .,~! :pS-1 ,T"'\l IF' e \p F r·'."·~~ .. , ~ "'""' a f,? ' '· ~.... ~. ·i' ~ R -• !-• ;.; I '"'J 1· ··;·; ~~=--·, ~ .. .,~ ~ ~ . ~ ul J I 1\f 0 i l·q\ ) · . V t• I , , ,_ LARRY FLUER, INC . Subject: Observation of Excavation, Proposed Residence, 0477 Road 112, near Carbondale, Garfield County, Colorado. Job No. 4 317 92 Dear Barbara: A5 requested, Chen-Northern, Inc. met with you at the site and observed the excavation on May 14, 1992 to evaluate the soils exposed for foundation support. The findings of our work and recommendations for the foundation design are presented in this report. The work was done in accordance with our agreement for geotechnical engineering services to you, dated May 14, 1992. The building site slopes down to the east at grades of 10% to 15%. The proposed residence will be a one-story wood frame structure over a crawl space. A small mechanical room will be located below the main floor in the northeast building corner. At the time of our visit to the site, the foundation excavation had been cut in three levels from 1/2 to 5 feet below the adjacent ground surface. The materials exposed in the bottom of the excavation consisted of slightly sandy silty clay . Results of swell-consolidation testing perfon;ned on soil samples taken from the site are shown on Fig. 1. The test results indicate that the clays have low compressibility under light to moderate loading. The samples swelled slightly when wetted. The test results are summarized on Table I. No free water was observed in the excavation and the subsoils were slightly moist to moist. Considering the conditions exposed in the excavation and the nature of the proposed construction, spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 2500 psf should be adequate for support of the proposed residence. Wetting of the bearing soils could result in some settlement or heave of the foundation. Footings should be a minimum width of 16 inches for continuous walls and 2 feet for columns. Areas of loose or soft material encountered at the foundation bearing level within the excavation should be removed and the footings extended down to adequate natural bearing material. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should be designed A membe r ol 111e I HIH \group of companies • • • ··Barbara Fluer May 21, 1992 Page 2 .. I .-· to resist a lateral earth pressure based on an equivalent fluid unit weight of 50 pcf. A perimeter foundation drain should be provided to prevent temporary buildup of hydrostatic pressure behind the walls and prevent wetting of the lower level. Backfill placed around the structure should be compacted and the surface graded to prevent ponding within at least 10 feet of the building. The recommendations submitted in this letter are based on our observation of the soils exposed within the foundation excavation. Since we did not conduct subsurface exploration, we have assumed the conditions observed in the excavation represent those within the depth of influence of the foundation. Variations in the subsurface conditions could affect the performance of the foundation. In order to reveal the nature and extent of variations in the subsurface conditions below the excavation, drilling would be required. It is possible the data obtained by subsurface exploration could change the recommendations contained in this letter. If there are any questions or if we may be of further assistance, please let us know. Since r ely, CHEN-NORTHERN, INC. Daniel E. Hardin, P.E. DEH/ec Rev. By: SLP Attachments ~\\\\\\Ulllllll/////t. ~,,,,~ ~'i,)O REG1 ~111~ # ~-v:. •••••••• s1f'~ ~ ,....--v ·• E H •. ·r: ~ •°';irY••X-\. • .4L">• <'::~ ~ ".·~ '0\0 ~ ~ ·~ ~· ~ ~ fc:> 24443 : ~ E •• : ~ -. -~-.-()•. ..,~f§ ~~· ·~;:;: ~ ~··· ··~ ~ ~ (l's .......... ~ ~ ~1111. S!ONAL l~ ~,,,~ 'l11111u111111u\\''''' cc: Pattillo Associates Engineers, Inc. -Attn: Bob Pattillo Chen~ Northern, Inc. ; Moi s ture Content = 13 p e rcent Ory Unit W e ight = 10 7 pct • Sa mple o f : sandy clay c 0 footing grade at north-·-From : (./) c east portion of buildinq area <O 0.. x w I ~ 0 I -t--t-- (c----_ ~ r--,..._ H~-~ c 0 1 1', ·-I ~ v (./) l/l GJ (r-----~ s..... 0.. ~ E 2 "--,_ 0 u Expansion under constant pressure due to wetting 0.1 1.0 10 100 • APPLIED PRESSURE -ksf Moisture Content = 15 p e rcent Dry Unit Weight = 100 pct c Sample of: sandy clay 0 ·-footing grade at south-l/l From : c east portion of building area <O 0.. x w I ~ 0 I -i--t--~~ t--r-c ~ 0 1 ·-""' \~ (./) (./) I\ GJ !'in s..... I' 0.. E 2 ~ 0 u ~ Expansion under constant pressure due to wetting • 0 .1 1.0 10 100 APPLIED PRESSURE -ksf 4 317 92 Chen 0 Northern, Inc. SWELL-CONSOLIDATION TEST RESULTS Fig. 1 Chen-Nor!rn, Inc. • 4 3 17 92 TABLE SUMMARY OF LABORATORY TEST RESULTS SAM PLE LOCA TI ON GRADATIO N ATTERBERO LIMI TS UN CON FI NED NATURAL NATU RAL PERC ENT MO ISTURE DRY PA SSIN O COMPR ES SIVE SOI L OR BU ILD IN G DEPTH CONTENT DEN SITY GRAVEL SANO NO. 200 LIQUI D PLAST IC ITY STRE NG TH BE DROCK TYP E AREA (leet) ("4 ) (pd) ("4 ) (%) SIE VE LIM IT INDEX (!>'II 1%) (%) No r t heast foo Vi ng 13 107 sa ndy c l ay co rn e r ora e ~ So ut heas t too~ing 15 100 sand y c l ay r.or nPr orn P we~t s i e too~ing ara e 9 90 87 sandy c l ay J J. . \'-R-~ o F w ~ DW-"B1. coL9ADO oiv1s.10N oi= WATER REsoLA ·:sRECElVEO . WRJ-5-Re,v.·76 818 Centennial Bldg., 1313 Sherman St., Denver, Colo~a~ 802~ N 2 7 1989 PERMIT APPLICATION FORM 'NATER i€..).Ot.JR CE.S ~ I El'!\UKU.R [XiOO. • plication mus~~ ECEIVED · complete where' (X) A PERMIT TO USE GROUND WATER ap_Plica?le . Type or JUN 1 6 1989 (X) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR : ()()A PERMIT TO INSTALL A PUMP 06 -16-8'? 032472 ! • ·"":"1D C• \mi• ~ .. : I INK . No overstrikes or erasures unless ~ATER RESOURCES ) REPLACEMENT FOR NO .---------)OTHER _____________ r l~Cl_A D_L_it_: 60.0D F'OlJH 60 .00 initialed. S!ATi •ENGINE.ER IJll.:O. WATER COURT CASE NQ, ______ l_ll __ (1) APPLICANT -mailing address CITY_,.£...>«_,_..LC...(,..<4-""-"'.......c..---"""""...14~<-="""""...:::.....---- lStateJ (Zip) TELEPHONE No$Q3 ·-9'6 3-,5.92/ (2) LOCATION OF PROPOSED WELL County G A'i°<F\ h.D 7/to/K/o i/B'l ·" N vJ "'--se-. -5 r: !4 of the -frf: c; %, Section __ '2._~-- Twp . =i S. Rng . <1$'3 . lO (E,WJ _ _,(.,.._Tu __ P .M . (N ,S ) WATER USE AND WELL DATA 'I Proposed maximum pumping rate (gpm) __ \_5 ____ _ '-Average annual amount of ground water to be appropriated (acre-feet):----------- . ...,, Number of acres to.be irrigated:--~------- Proposed total depth (feet): _ __,,3::::.....=.o-=O'--------- A q uifer ground water is to be obtained from : Owner's well designation __ #_[ ________ _ GROUND WATER TO BE USED FOR: "'--( )Q HOUSEHOLD USE ONLY -no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5 ) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) ______________ _ DETAIL THE USE ON BACK IN (11) l°RILLER Name SH ~CToo DK'i l Li a c .. c .0 Stree:J? 0. Bo>< ) CJ 0 City'l3A'SALT Cclo (State) 3/iL.J (Zip) Telephone No . 9~1-38q_5 Lie. No. __ 1)..::........:q'--y-'---- CHE@_I[ .Ci . C'L' FOR OFFICE USE ONLY : iij-(D NOT WRl'tGOtiJ THIS COLU MN ITM 1 -::2-JI1/ CL -1 OA 1671 Receipt No . -.2:l'U, b 7 ---------- Bas i n ------Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to caus e no mc:terial injury to e x isting wa ter r ights . The issuance of the permit does not assure t_he appl icant su \3 o".<.: that no injury will occur to another vested water ',..'.,•..)A right or preclude another owner of a vested water ~p right from seeking relief in a civil court action . ISSUANCE OF THIS PEm.iIT DOES NOT CONFER A DECREED WATER RIGHT 1) APPROVED PURSUANT TO CRS 37-92-602 (3)(b)(II)- (A) AS THE ON LY WELL ON A RESIDENTIAL SI TE OF APPROXIMATELY 26 ACRES DESCRIBED AS THAT POR- TION OF THE NW 1/4 OF THE SE 1~4 OF SECTIO N 23, ~¥NGR~BWREO~A~c~i~ivMDESg~B~~LgNc~~TY, ATTACHED EXHIBIT "A". 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION 1, ORDINARY HOUS EHOL D PURPOSES INSIDE ONE (1) SINGLE FAMILY DWELLIN G AND THE WATER I NG OF THE USER'S NO NCO MMERC IAL DOMESTIC ANIMALS. THE GROUND WATER SH ALL NO T BE USED FOR IRRIGATION OR OTHER PURPOSES. 3) THE RETURN FLOW FROM THE USE OF THIS WELL MUST BE THRU AN INDIVIDUAL WAS TE WA TER DI SPO SAL SYSTEM OF THE NON-EVAPORATIVE TYPE WH ERE THE WATER IS RETURNED TO THE SAME STREAM SYST EM IN WHICH THE WELL IS LOCATED.G'g,(1. l/}j),9 1 APPLICATION APPROVED PER M IT NUMBER J 5·17:1 5 DA T E ISSUED JUL 1 8 ~ DATE --JUL 1 8 199\ -. -a. AJ~ ' ..... --_,, __ . -'J .. ~ ~-(5) THE LOCATION OF THE PR·'·SED WELL arj the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. • --t-,-+ -+.-+-+ -+ . . I I . . ... • , · · ~~--1 MILE, 5280 FEET _ _,. ,•• + + + + + -+- + + I t (6) TH LOCATED'BE·'_OW b distanc es fr o ~~1 "2..q o o i/1°/4'i ~ -,11 0 R.,--V, sec . li n e q "3 5 tp"" ft . from/...,.. ,...J, ('J., ~. S.·:;o,SQljM) \. Z3c o 1/io/&1 fl· ~A:sr sec . line I :2: g'e ft . from (east or west) LOT BLOCK FILING# __ _ + :"+ I + --+ -I NORTH SECTION LINE --. ..... -+ i1 SUBDIVISION ________ _ +-NORTH+ • I + -t-- .. +- I +- . I .u -+-z ~ z I ::> -.) IJ n I -n IJ +· . > --> .. I -+ - I ')( I .. .:-..::: ·+ . ·..::...::· - m l> + (/) ~ (/) m (") ~ -+- 0 z ~ z m Z ~··· + ·I t I I + I ·+ I + +- I . I SOUTH SECTION l;.INE I -+--+ I + · .+ ":: ..L,.,,./' ... ,+ .1n1 .,rf-·() •p·+p"·'_...'-+ + . 1 ,1 . t .. ~! ,.J )·.1...i",.·~'i :..;.. '·' 1..: .. ': 4 • ·v· , .·• .1 J 1 · · ';·~~l _L ~_'.:.:r.~~';:::.1 _l ,·0 ;~:t ;:r?r:-:f.-~~~n;:~'~;F-· .. 1 I _.· :~·.·_" ,.·+;' ·_:/+··, -.'~·1+· ,-!~;~< 'L ~~·~··_-+- • j-: . ·' ' .. . . ·'' . . ; ' .. +. '. . . .. :.: ·:;:The ~~I~ o; ~~~ di :~~a~ is 12, in·~~~~~ ·,·,~i;~~: ' · ' Each smal I square represents 40 acres . WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A fam i ly of 5 will require approxi'mately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet'. : . 325 ,900 gallons. + · 1 + (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: FLv~J< -~"'-=-=------ No. of acres h <.o . Will this be \..~he onl~ well -~n this tract?~ 't._ 5 °"' (8) PROPOSED CASING PROGRAM Plain Casing -, in . from 0 ft . to So ft . sYz... . in. from Sc ft . to :25C ft. Perforate.d casing sY~ in. from '25o ft. to :s~ ft. in . from ft . to ft . (9) FOR REPLACEMEl'JT WELLS give distance and direction from old well and p lans for plugging it: n/t:1 ·1.000 gpm pumped continuously for one day produces 4.42 acre-feet . .;:.-(1_0_)_L_A_N_D_._O_N~W-H-IC-H~G-R_O_U_N_D~W-A_T_E_R~W-l_L_L_B_E~U-S_E_D_:--1.~~~~~~~~~~~~~~~ Owner(s): l~ J\rioJ3A~«ft t\\..)~ R Legal description: "'SAm~_~f\5 5 ~(. ~ Z... No . of acres :--"~=-~=-------- ~ (11) DETAILED DESCRIPTION of'the use of ground water : Household use and domestic wells must indic~te type of disposa l systemtobeused. ~D£~o 0 seWol.O us~ G0)"4 7\u~ WA-""r\£R'ir'Pi l\cnCcv'Y\fYlcc.l!!L \JulS~ Sr PT> c.=rt!Y\K 'fiY'lC_\_t..~"'' Fe.\ w m 'E <t:"'\S Co" Viii>. ~P~ t<;. (12) OTHER WATER RIGHTS used on this land, including wells . G ive Registration and Water Court Cas e Numbe rs. Type or right Used for (purpo se) Desc ription of land on which us ed '/\ J A X ~3) THE APPLICANT(~-): S~~TE(S) THAT THE INFORMATION SET FORTH HEREON IS • TRUE TO THE BE~ ... 0. F HIS K.~~DGE. ~~~~~ SIGNATURE OF APPLfCAtvT(S) l.87 ~ 1 ) 1 ''0 =ddi•icna' choo•e of n ?no ,. ;f n"'lr"HO C'r'"\'lf"n i r ,.n n 11i ,.o n x ' -~ J • • • . . a w y~~~-~,~~ P.O. BOX 1059 BASALT, COLORADO 81621 (303) 927-4182 LICENSE NO. 1095 C.Ati8 Cl tJOALE C o Size Depth Casing l.D. Casing O.D . 391 PERMIT NO. J ')"L/ 71 s= LOCATION C-f< Y S /1 1 I $PB uJ r, S Feet Pert Estimated Capacity Static Level Total Drilled ~----~o~------~tt --~/_3.._.f _____ ~gpm _ __,.._,_~ ________ ft -~ ........ ~--------ft Pump Set Depth 3 JS-@ __,1~1_, ___ gpm. For pump installat ion we recommend: Aqua Tee (Tom) 945-2703 o r Samuelson Pump (Raun) 945-6309 Special Instructions: J/llrJE W E L L L E S T P~«JP E.fJ rt> t2 ETt:'R Mu.J€ ExA<r CY u /! I J TY A fl)/) a !{ A N -11 r y Price per foot : 3 2 tJ @ 'L :.i <e. feet @ $--"-?..~tt~0_0 ______ per foot oo TOTAL$ ..,..g~3~2~0~---- Conditions of Payment (J A I a I µ F y L L 0 0 TOTAL $13 (,, 0 . A 1% handling charge per month w ill be added 15 days from first b i lling. 11 I I I !1 •I 11 I ;I • • .. • .,, ; ' -. ® )S S At .:i ____ r_e_g-'--"-l_.l_r· ________ .n~'·:r.i;.~ .. 1· t'.·:· : .• ;:irr! nt Co1111t'/ C0mmi!3£i<J1H•r·~ tor t: .. 1 ~Lt··i !: t·~.•;n1~·;, ~~r.!.1 ·.r -·~!o , :d:Lt1 .it r!J~ Co11:rn1~~;inner ~: AnnC'x of in C;l1~n·.vn<1<I !::>r>r tn11 .; (Hl Monday th•~ ___ 1_4_ct_;_h:__ ___ \..l.-JY Ma re h 1\. ll. l '1 8 3 t 11 <cc'-' ~:l.' r ·~ !:-' r C's(.: n t : ___ Eu_g=-en_e_"~J_l_m_"_D_r_i_n_k_h_o_t_is_e __________ , C:: :1;111 i :: :' i ... 1 .c r ,_: i :.:i l r ma 11 Larry Velasqu ez , Lo111,;, is s i 1 11.r _. r __ r~·_1a_v_en,,,,__J_._C_e_r_i_s_e ______________ , Cu:nm is s i o' "' r --~E~a~r_l_A_h_o..,d..,e_s _ ___,,.--------------, Count'/ At tu r n e 'f Hildred Alsdorf , Clerk ut tl1 e uo;:irCJ ------------------------ when the following proceedings, among others were haci anu uone, to-wit: Resolution No._8~3_-_so __ _ A RESOLUT!Ol-1 CONCEHNED WI 1H GkJ..NTil~G AN .E.XLMl:"I'IutJ r'R.CM THS c,;1,r'H .. Lu Cut,:._·{ SUBDIVISION REGULATIONS FOH i•J/,l<K ANiJ ClCELIA l.li:..1-.1~t·/r,Li.... WHEREAS , MarK and Cecelia eearwal<.i have tJet11:1un.c<. r.J,,, :....:...~.rri vL 1_\~:ir .1: Commissioners of Garfiel u County, Colorado, tor .:in elu.:::;,.ition tro~. cne ciefinition of the terms "su~division" and "subciivi~et. lanu" unuer C.H.~. 1973, 30-28-101 (10) (a)-(a), as amenced, anci tne St.:t:.uivis1or. RF~9ulati:ir.~ of Lartield Countv, C:iloracio, aciooted January 2, 1~7~, ~nc~iuns ~.0 2 .~1 {d) and 3.0:l.Ol for the oivision of a 64 .l~ ,'!.Cr.: :r;:;c:': ·.:,"?c.c::i').::t. :!.3 follows: that parc~l o[ land as descrlbet.: in booK .:;~~, P d 0~ 1~5 a2 tli~ •. in the Office of the ClerK and Reco -~der or Garriel,; c.;unty, Colorauu int:.:> 2 tracts of approximately 38.82 and 25.37 acr<::!s <:.:.:...:;1, :.1ore: or le:ss, 1.-111 1,;r. proposed divide~ tracts are more particularly Jescribe ci as tallows: TRACT A: A parcel of land situated in tha ~E l/~ ~~ 1/4 at ~ect1cn 2.:;, Township 7 South,"--:-88 We:t of tne Gth Fr1n,..'"'"1 ~:0 .-ici1ari, Cour.':·; of Gnrfie .:.d , S~.:-:tf' ct Color2'•0: ':le2!"'g me·.::~ :'e::-+:~ ...... 11 .~.:1: cescribed as follows: Commencing at the Northwest Corr.er of s&iu ~E l/~ SW .i/~ t~e ~'~~ Point of Beginning; thence l•.o9"t;9•4;:"J:.. 13lti.D'I teet to tne Northeast Corner of said NE 1 /4 SW l/4; ther.ce S.00°15'3~"W. 1284.41 reet to the Southe.::st ~orner er sa1u ,,!:,. .i/.j :::,;,: 1/4; thence S.89.l57'56"W. 1317.78 feet to the Southwest Corner oi: 2 :::..u NE 1/4 Slv 1/4; t h2r.c~ N.00°13'2t,"I:.:. 1281.2:. r~.::t to U1e 'i'i:u0 Point of Beginning; cont.::inir.;; j6.uL ::c:;:~s, un.:: :.;r lc;s.,-.--- Together with a 20 .CO foot access easE:!i.er.t situar.eti in tr,e M·; l/•1 SE l/4 of said Sect10n, lying 10.00 fet-t to ciH.:h siC::e of tr1e following ciescrioed centerl i ne: Cor.imcncin-J at t!1~ No.:tl:ec<;t C'.'r·1e: nf ti ·~ c-'.1 ~/4 '.':L~ l /.: 1:-f. .. Section; thenc~ ~-~;::· >l0'<;7"i•i. oG-1.'.::. fc:...,r. tt• .-.... ~ ..::.c::t::::2.11:•' · _ .. existing right-or-w.:iy and east!ment {Oucu!.1 er.t :~n. ~4110.:l .;s :.i 1.~._., in the Clerk ana Re:co rn er 's G:.t1c".!J t11« !-r::.: ,.,_.j ,~, 0.: L::~·1i::;·,[ .. t!1ence s_20°00'00"\..;. 566 .~:c) i.c c"t; te·~nc~~·--::'c:'" ... 1:."l feet; thence S.53~50'04"·,,_ L>l.6;. i ..... ei:; ciier.c ~ .,.:>0 L·u'~~"1 •• 52-09 feet; thence S.79'47 ':1c"1v. L'.:.::l 1:0(:t; o::~··r . .;t:; '"·;"'>~2'1-l"'..". 5 8 -1 0 fee t ; thenc e tJ • :: fi 0 .; l ' .; '.; ... ,., . i: L • ~ ~. L t; c t ; r. .. ··: ~. :.."·' " • :: to 0 L _' ' ': . : " : .. lOfi.09 teet; th;,11 c0 N.ti0 °•!!'1 :"1 "'i>. 1::0.-~.-. t.:~t ':O ,, !JOU1t. 01: c;,., v.' , S t l in~ 0 ( ::: .J : u M·/ ~ / J ~ L l / .; , t 110 'lo.:· l:lu 111 LI..; • Sul-iject to <t '.:0-0G .:iccess ea~,·i 11 0nt situ~tect in s.:iir. Nf. l/.1 S\·: 1/4, l y ing 10.00 te.:-t to eact, siai;, of tne tallowing nescrib.:,1 centerline: Co;n111en.::in •j. ,1t thP. t"Jrth ·:~1st L·,,~·.-!·~r <)[ t!11• 1\iJ 1.'·! SL l /~ 0[ >;«.i,: Sectio!'"I; tl1C'nCP. s.~l.J 5~'13''1v. lt..:.:..iL i..:o.:t tv ... 1;JUi1.t (;;, !:.i .. , ,;..;:.;t lin~ of s<ii<. ~w 1;4 SC: 1/4, the 'le.Jc Point of £Jeginnir.']; tller,..::e N.150'~u'3'.J"~.;. 163 • .;G te et ; t 11t:11t.:e 1 •• &.;0 ~7'52"1~. 7:>.4L tcet; thence N.t ·1u~:4<.:<;"i,,'. 70.21 l ·~·~t to l!1c ·;·-=rn1inus. • • < • r.1···~ r;~ .... f. 0 .1 /\l:.n s u")''Ct t0 J ;:o Loot · .. c:~l e.:1S1!n 1e nt si tuale:d in ~<"LL l~E: l /~ SW l/~ l·11n<J 1 0 .G O i ee t to e i.J<.:h s ide of th e following dr~sc ri liN1 cc n t<'!r l i :1 •!: Comm•:ri<.:tn•_; .i t t i"! i·,1ort:c ;c.,;::( Corn..:r 01: ti••! r.w l/4 SE l /4 o r: :;.11J :.;.~ct i on; L1.•::1..:" S .S O ~j'OJ"'/o/. l'.J1,1!.•i !J fee t to an ·~;<1st 1 n•; well th0 'l'r11 ·~ 1'0111t <ll u•"1i11ni11ci: tl11:ni.:c N.OO.J4 '4 8 "E. 344.t.4 ic e t to the ·1 0 r:111n u:..;. Also suhjcct to: (1) Rigltt-ot-way eas ement to lloly Cross Electric Association, Inc. rccord eu June 12, l'.:172 as LJocument No. 254095 in Uoo k 432 at Page 10. (2) Right-of-way eas e ment to Holy Cross Electric Association, Inc. recor ded 0ctooe~ 24, 1975 as Document No. 269919 in Book 479 at Pag~ 929. Tract A is allottea five gallons of water per m1~ute from Bearwald Well No. l unuer terms of the adjudication o f Case ~o . 80CW66 of ~ater Di vision No. 5 ~f the District Court. TRACT n: A parc el of land situat ed in the NW 1/4 SE 1/4 of Section 23, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly ~cs..:ribc:u as fo l lows: Commencing at the Northeast Corner of said NW l/~ SE 1/4, tr.e True Pcint of Beg i nning; thence S.Ol0 19'49"E. 347.91 feet to a point on the centerline of an existing right-of-way and ease me nt (Document No. 24 1 1 03 as filed in tGe ClerK and kecoraer's Office); th e nce along said centerline S.J9°20'38"W. 120.42 feet; thence along caid centerline along the arc of a curve ~o the right having a rauLun uf 166.71 t~et an~ a L.2nt:~: :~::-of 3S 0 16'~2" a ciiscance of 1l6.l8 feet (chord be ars 3.:c ~C':!"W. ll.J.35 feet); th ence along said centerline S.74 '37'1G"W. 33 6 .82 feet; thence along said cent e rline along t he arc of a curve to the right, having a radius of 75.49 feet ana a central angle or 34 03'51" a distance of 44.88 feet (chord bears N.88°20'54"\~. 44. 22 teet); thence l ea ·1ing said centerline S. 20"00' OO"W. (a:1d bounded on the ea s t oy Document ~10. 327799) 564. 55 feet; th ..::r.c e s.oa 0 30'00"E. (an d bounded or, the east by Document l~o. 327't S1 7') 168.GO fr E-t to a point on the soutn line of said NW 1/4 SEl /iJ ; thence N.89°21'04 "W. 535.10 feet to tile Southwest Corner o( saia NW 1/4 SE 1/4; th e nce N.00°15'39"E. 1284.41 feet to the Northwest Corner of sa id NW 1/4 SE 1/4; thence N.89°49'42"E. 1235.67 feet to the 1'ruc Point of Beginning; containiny L5.37 ucr es , more or l~ss. S11~ject to a 20.00 toot <1ccess e.:isernent sii:u::\!:.2u i;i 3aid N\~ SE 1/4 ana lying 10.00 feet to eac 11 s1ue ot the following described c en terl ine ; ' '• ..:_, .. Commenciny at th e Northeast Corner of tit ~ NW 1/4 SE l/4 of said Section; th e nce S.42°40'.;7"W. 807.55 teet to tt1e centerline ot an existing right-o(-way and easement (Document ti o . 241103 as t ilc=d in til e 0Cfice of th~ Clerk and Recor der's OJ.'fice) t i 1e ·,ru e Point o[ Beqi n:i ir.·.J; th .:ncP. S .20°0 0 'U O"W. 564 .99 feet; th enct? .'::i .~o -:f2 1 J:"1-1. 7~.0 1 teet ; ti1ence S.:i 3 "~0 '0 4 "W. 1 3 1.ll2 r e ~t; then-:e S.59°08' 14":·1 . 52 .09 feet; thence ~.79°47'3 8 "\v. 4 5.ol reet; thence N.5b 0 32'14"W. ~8.10 teet; thence ~.b0.48' 3~"W. liO.~b feet to a point on the west line of said NW 1/4 SE l/<l the Terminus • Together with a 20. 0 0 (oot access easement situated in t!1e l~E 1/4 SW 1 /4 of sa i d Sc,ction, lying 10.00 tt::et: to Lach Slcie or t l1e following d esc rib ed centerline: • • • • ('r ,.r·:1.···1r_·!11d lt Lii 1• ,,,Jt t:1v1·~St l~O(ll 'l" ()1 s:1iU r~~ L/.:; ~l·. l/•1; t.111 ·r),"(: s .. 1·/':,s •t.1"•,-1. lui'L.l <: 1.,.~t to .:i point on thr: wc..;t Ji:i r: •J L :;,,,.: 1.v; l /-: ~l: 1 /-: 1 ~r:.:· '1c11 1·· i ·•>1:·1 nL u r'."qi n ntn y ; t~:c·n c c N .LfJ ·1 L '_;.'J "\·: • I' "';.~t ·· t'l :··:.:; r.ti -n,_. .. _. 11.1 :·:''.~·1'~L '1 ~"· /:;.111 rt~e t; t11 t:n <...:·__. r1.t ... 8' .. '...-l '~'_,"\i. 7C .:/ J •:·.:L :..:.1J ~:1·' T 1·Cri111111 ::; • . .i.L ::;n t Ot1•:tr1r=r 1•1l:1 .:. 2 0.tlO fo c;t •.;t.:LL '.:.:isc:ment s1tu c1t'"'1 1n t11(~ 1·<L I / ,I :.; ; : ; ,-. : o f ': .1 1 • : "'': c t i o n , l '/ i n q I u • 0 0 r e e t t o e ;1 c; r. s l 'J c u 1. t I it: Eo l l o w111y uescritH.:u centt:rl111e: Cornmenciny .:it t il e t;orti1•!2St Corner ot ttie t.W 1/4 SL l /~ or :;J id ~.~-:t1on; th•!n c :·~ ~.::.L 0 :;3 '0J"~v. 19&u .Ct; l:et ~t to ;,r. ,·,:-:i:::tir.·j , .. ~:J i., the Tru e Point o f 11eginning; thence N.00°J4'4U"l:.. J44 .b4 l e t:t to the Te rminus. Also subject to: (1) Right-of-way easement for road as recorded June 10, 19ufj as Docu111 e nt t.o. 2~ll.OJ. (:i:) Hight-of-way eas e ment to Holy Cross £lectrit.: Association,' Inc., recorded June 12, 1972 as Document No. 2~40Sl5 in [Joo~ .;3 2 at P.Jq e ill. (3) Right-of-way easement to Holy Cross Electric Assoc1.::ti o n, Inc., recorued October 24, 1975 as Document No. 2c9'.119 ir. :.:.o u-< 479 at Page 929. Tract b is allotted five gallons of water per minut e trom Bearwald Well No. 1 unaer terms ot the aajua1c;.ition :1i Case 11 0 . 80CW66 of Water Di vision No. 5 of the District Court. (in the State of Colorado and County ot Garfield); ,1na WHEREAS, the Petitioners have demonstrated to the satist;.iction or t 11 e 3car<l of County Commissioners or Gartiela County, Cu.;.oreiuu, '-'"''-thG proposed division does not tall within the ~urpuse: n[ ~arc i , hLt1cie ~o, Title JO, Culoraao l{evised Statutes i 9 7J, as aGentieu, tor t:ic r 2z1son t ::c.t the impact createt.i does not warrant further suoci\.is1on revi.ew, .:i1:c. WHEREAS, the Petitioners have demonstrated to the satisfaction ot the Bo.:ird of County Commissioners of Garf i eld Cou~ty, Colora d o, tha t the:: is a reasonable probability of locating domestic water on each of saia tracts, that there is adequate ingress c.na egress to said tracts, thc:t tile location of septi.:: tan~:; will be permitteu by tl1e Col <>ra '.'O u 2 ;.;Jrt;ne::;:: 0r Health, that the requested ciivision is not part of an existing or l a ~~e r development and aoes not tall within tne general purposes and int2nc ~r the subdivision regulations of the State ot Colorado and the Countv of Garfield, and should , therefore, be exempted from the riet1ni t ion o~ t n ~ terms "subdivision" and "subuivided land" as set forth in C.K.S. 1973, 30-2'3-10'!. (!OJ (al-(d), as a:nended; NOW, THEREFORE, bE IT HESOLVED that the division of the above described 1:r.'lc:t:'; "1\" and "B" Ero;n tile a60•1~ G4.l:1 acr2 tract is heren•t exer.1pted f~o;n such definitions ana said tract ma '/ o .:: ui•:i•.2..i into t::.:::;t s "A" and "a", all as is more rully ciescribea abo ve , an J s ~iu Giv i ~e~ t~il ct may he conveyed in the torm of such smaller tracts without t u rt n cr ompliance with the atoresaid subdivision statutes ano c '"';i:L,u or:;;; ,:>rovided, h01 •ever, that a copy of the instrument or in:;t...-~H .t!nts 0 r conveyance \·,;n ~r. ce:c()rc..jew s~1 .. 1lJ. u2 lileo with t!~is itcsol:..i ti vn. A'l ·'l'ES'l': UUAi:W OF GA!U'IELD ... ~ -~ .· I • • -~- ·: •• • 1 :-~ ... '\ !.I'-· .•. ) ·. ~ ( ~ : . ~ :· .... ~ ( . •\:'-.-····· \:~·~--·:, :-.. ·~ :: . ',:= -.,.~ .. --·· ,. -, .. , .... I• ·: 'r-: -.. \.· ~:- ... .. - -"l --- :l -l ,, J ) ! ~ ~ i " .1 I ! I ~~~~=~--' ·'' ! , . '· ·.. ..,;""'• . ..:; . . .. .:·.:. ..:· . . ·. N~ 1868 CERTIFICATE OF OCCUPANCY BUILDING DEPARTMENT GARFIELD COUNTY, COLORADO '?>2.. ·issued Without Fee t-'iay 11, 191_2 Permission is hereby granted to __ L_a_r_r_,,_y_F....:l=-u=-e=-r=------------------------- Building Permit No. 3820 Zone District ____________ _ situated at 0477 C.R. 112, Carbondale Lot __ Blk. __ Addition _____ _ for the following purpose Single Family Dwelling Contractor K.B. Walter Construction<StateNatureolOse) TAKE NOTICE No change shall be made In the use of this building without prior notice and certificate from the Building Official. N~ -. ,~\~ 13 .. o Wh ite : Owner Green: Lending Agency Gold: Contractor Yellow : Building Department Pink : Assessor No change in the character of occupancy of a building shall be made without a Certificate of Occupancy -(UBC Sec . 502) CERTIFICATE OF OCCUPANCY BUILDING DEPARTMENT GARFIELD COUNTY, COLORADO \3\ Issued Without Fee September 23 1993 Permission is hereby granted to Larry Fluer Bui I ding Permit No. 44 7 0 ------'--------z-- 0 -. -. __ A_/_R_/_RD _______ _ one 1stnct ____________ _ situated at 0477 County Road 112, Carbondale for the following purpose Si 1 F i . ng e am ly Dwelling Unit Contractor V.G. Construction (StateNatureofUse) Issuance of a Certific a te of Occupancy shall not be construed as an approval of the provi s ions of this code or of other ordina nces of the juri sd iction . Certifica tes pre sum ing to gi ve autho rit y to viol a te or canc e l the provi sions of th is code or of other ordinances of the jurisdiction shal l no t be val id . (UBC Sec . 307(a)). Whit e : Own e r Gree n : Lend ing Ag e n c y Yellow: Lot __ Blk. __ Addition .··· ....... i~~;-~:::<i:: :_'.·- .·-. -; :.~·;--~ :: .::~·~:~ -~. _ .. . . -· ....... _ ..... . ... " .. . . ' '•. ' . .. :.: ·.-·: . --~ st:::.;_/::.~:--.=· ~ ~- f'_;j' ;·. ··_· . \ ._ '\ -~ ~ -=,_~· :.·~ '. •• 0..3 ~;:_,~--L.-t.'-. ~lit .. !Ill .'.,;,, .. ~- .•. ·' '\ :, -= GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 ~lenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT N~ 1987 This does not constitute a building or use permit. System Location _____ au __ 0_4_7_7_C_._R_. _1_1_2_,_C_a_r_b_o_n_d_a_l_e _______________________ _ Licensed I nsta Iler *Conditional Construction approval is hereby granted for a {; otJJ ~eptic Tank or -Aerated treatment unit . Absorption area (or dispersal area) computed as follows: Pere rate of one inch in~ 7 May we suggest: Date b ...-) :l ..., j,.2 FINAL APPROVAL OF SYSTEM : gallon No system shall be deemed to be in compliance with the Sewag e Disposal Laws until the assembled system is approved prior to cover· ing any part. •. ; .$-..... ' '. ' .. -o !- ,-·---------------. 1987 Larry 'Fluer 0477 C.R . 112, $150.00 I 1. May 11, 1 992 R. Bennett Carbondale Department : Pink Copy req·a1remerns:-corme·cnorrro--Jm~wemng or s cru ccares-nu1crppiuv~u-oy-r 11e-ou11crn1y-cmv-L.011rn\ro111.:;tr.:111i:r1 r----·---- automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the perm it. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specif i cations contain ed in the application of permit commits a Class I, Petty Offense ($500.00 fine - 6 months in jail or both .). Applicant : Green Copy Department: Pink Copy . ' l ;.. .... G~DCOUNTY . · ~,¥anitation · ~uilding D Planning 109 8th St. Suite 303 Glenwood Springs , Colorado 81601 T e lephone 303 : 945 -8212 j 625-5571 ~----------------~ N~ 6507 DATE : N ~ 04410 . ' May 11, 1 992 R . Benne t t Clerk ', l 0.2 /28/94 12 :01 Februa1y 23, 1994 Mr. Mark Bean CARBOND ALE F I RE ~ 303 ~63 3932 e Ca1·bondale and Rural Fire Protection District 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 Garfield County Planner J 09 8th . St. Glenwood Springs, CO • 81623 Dear Mark, N0 .380 fJC2 Barbara Fluer stopped at the fire station yesterday and explained the proposed sub-division exemption for her property located off of county road 112 . As I understand it the property would be split into two parcels with no new structures currently planned for either parcel. I would like to offer the following comments to you regarding fire protection for the property . The Carbondale & Rural Fire Protection District will provide service to the property . Access to both parcels is adequate utilizing the existing access road(s). Water supply for fire protection will be provided by the water carried on the Carbondale fire trucks augmented by the district's rural water shuttle program ut ilizing tanker trucks. Response time to the property is currently approximately 15 minutes with both fire and EMS response coming from the Carbondale fire station . If you have any questions feel free to contact me at 963-2491 . Sinctttely , ' (l~-~L Ron Leach , Chief Carbondale & Rural Fi r e Protection Dis trict °"' f) ,~ ~· ~······•'dook .. ,l.\.• ... M, .... J.l!Jl& ... 2 . .L .•... J.9.6.8.......................... Book 3 9 5 i@ ;izJ ~ . 1. ~ I l.~-.O . .!~'!!1•• N•:•l.7.2...... .:-::· ........ ·-.::~Q!l:fi '°':' § .. ,.1'..~ ... -!.!.> .... Rooo"" :_ ~:c;e _ 1 ~ 5 ... I .. ~ -~ Tu1s DEED, Made this 1st day of June FILING STAMP I in the year of our Lord one thousand nine hundred and sixty-eight between CARBONDALE LAND DEVELOPMENT CORPORATION, a corporation duly organized and existing under and by Virtue of the laws of the State of Colorado of the first part, and MARK H, BEARWALD and CECILIA ANN BEAR WALD of the County of and State of Colorado, of the second part: WITNESS ETH: That the said party of the first part, for and ln con- sideration of the sum of Ten Dollars and other good and valuable considerations STATE DOCUMEHTARY nE . JUN 21 1SJbti .. "1 I Ci t.. :'..,!...~--.. ·-- to it in hand paid by the said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, not In tenancy In common but in joint tenancy, the .survivor of them, their assigns and the heirs and assigns of such surVlvor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to-wit: m~~S&~ and E~NE~SWi;, Sec. 23, T7S, R88W of 6th P.M., together with the conunon use of an easement and right of way to be used as a means of ingress and egress from the access road as described in that certain Right of Way and Easement Agreement recorded in Book 3D5 at Page 23 of the Garfield County, Colorado records. The conveyance of the above described property is made expressly subject to the following conditions, restrictions, exceptions and reservations, which shall be construed to be covenants running with the land: 1. Said tract above described shall not be resubdivided into areas of less than 2~ acres. 2. No building other than a single detached dwelling house either with or without a stable, garage, or guest house shall be erected upon said tract or on any smaller tract should said land be resubdivided as provided under Para- graph 1 above. (~_9_NT~NUED ON THE RE_VERSE SIDE) TOGETIIER with all and s ingular the hereditaments and appurtenances thereunto belonging, or In anywis e appertaining, and the reversion and reversions, remainder and remaindcrs1 rents, Issues and profits thereof; and all the estate, right, title, interest, claim and demand whats oever of the eaict party of t he first part. either in law or equity, of, in and to tho above bargained prerajses, with the hereditaments and appurtenances. TO HA VE AND TO HOLD the said premis es above bargain ed and d escribed , with tho arpurtennnce s, unto the said parties of the second p a rt, the survivor of them, their assigns1 and the h e irs and assigns o such survivor forever. And the sa id party of the first part, for itself, its successors anct assigns , doe s covenant, grant, bnrgain and n g r ee to and with the said parties of the second part, the survivor of them, their ass igns and the h eirs nnd a ssigns of such survivord that at the time of the ensealing and d elivery of thes e presents, it Is well seiz ed of tho I!r cmi s es above conveye , as of good, s u re, perfect, absolute and indefea s ible cstnte of inherit ance, in law, in f ee simple, and ha.s good ri g ht full power and lawful authority to grant, bargain, sell and convey the same in manner and form n!orc- said, and that the same are free and clear from all former and ot her grants, bargains, sales, liens, taxes, af!scssments and incumbrances of whatever k ind or nature soeve:i;. except reservations of minerals in previous conveyances, easements and rights of way of a public or private nature, and the 1968 truces payable in 1969 ~hich second parties asswne and agree to pay, and the above bargained pre mises, in the 9ulet and p eaceable p oMess lon of the said parties of the s econd part, the survivor of them, their· a ssign_s and the heirs and a s signs of such survivor, a gainst all and every person or p er s ons Ii lawfully claimin1r ot:'to'~l aim..tl'le. whole or any part thereof, the said party of the first part shall and will W AirnANT AND FOREYEJtP~~Wi;Uj>/.~'\. · IN Wl'l;'N~~}·~H.EREdJ.•;~e 'paid party of the first part has caused Its corporate name to be hereunto sub- . r. ~ • ' ,f,,. I • ~ I I scribed by its : , ·" .-1'" ,;n 1: •. ,..\ ~ Vice-President and itll corporate s eal to be hereunto afiixed, attested by its :f ::; 0 eo-c~ JG, ·: ~retary, the day and year first above written. ' ~. , ... ~ I •• -• c;,~ I ' ; • ...,,, ~-•.• • -"o; ~~~~~~-:~~:·~-~--~-~~~:~~ .. --·~----........ _ ~~J.( -~~.~"'~CL .... ~.__-... ~-/..~J·.·· .. ~.··-.~-··L:::lE ... ~. ~~-~:~_:;_~ .. ~.?.~.?.~=.~~N l .. :-.~ ;, ' v (' ~ ~ ••• : ('\ \ ~~--:--:--~·,_ ~ --. ' • t.J. H . \ 'v .. ;7 -~ -' .. . .•• ,~., •••.•. ' .......... -.I .·.·.. ·'·· B.,. · " ......... · -·-·------.. ----vrc·e=-p .... rd~ STATE OF COLORADO, . . }.11s. · Denver · Ci ty ... .and ... County of ........................... _ ................... .. ,,11 1 ,,;;i.T.h.~.~orcg.oing. l~s~ru~ent was acknowledged before me this ..... ~,\~' ~9 q~4·fY .,,,/·: . , . ·, Yale H. Le~is -.''' ~ ·····~:·~··· ( .,,_ .· . Woody W. Fisher 10th day of June as Vice-Presid ent and as S ecretary of a corporation. /%!.~···· · .. :1. ~,:,;<,. ··~:-";C~B~NDALE LAND DEVELOPMENT CORPORATION, f <JI;{\\. Q \ A: /! f:~ ~ ·~f.,,' '.'.':' · · My notarial comm lesion expires Ju 1 Y 19, 19 71 . ~ X : p t-:< · •: ·<;j : ;;:. ~'-'. Wltneis~ hand and of~lclaya al. · c -= t)'l ··· (ID l. \ . : ~ ~ . . V'Ll.~ ~A·· •. ··_.·r;, .. ·. JA11 ,..} _/? ~ f ;:·.. " , ,.··.(', ~ ... .~<..O<i ,.:?.~.U.B ..... 1 .. 1 i...... . .... ~::-.1 ••.. :::: ......... N~~~--p;i,ji;;: ... ,./,.) ~ ··········· "~... rene a ng 1, • 0 . ('\( ...... ' '!"t,, r.. c ......... " ,,,,,,,,., .... ~"' I=· -.=·c --=·-===-""'--=:==~--,, =7 --=c ·.=~"'''-='·"--=-=-~--"'"'-~. -c-======== ' ' -Bra4.Cord-Bob!Alo11 .rte'. Oo., IUn. BolilD.1011 '• ~ Bl&nk.t, lUHt Btoui St., Dt11nr, Colorado I No 929 W AB.RANTT DBED.-l'n• C:.1'1'9ratlon to Joint T•nanto. Book_ .395 ·~136 .· ,.,,,,. . .!J •.. · .• : . >! .· ... t' :·· 3. No building erected on said lands shall be used for any purpose other than as a private dwelling house .and stable, garage or guest house in connection therewith • . -4. No -mobile-home or temporary structure shall be placed upon or main taincd on the above described lands. 5. There is excepted and resrved to Carbondale Land Developmen t Corporation, party of the first part herein, and to its successors and grantees, a sixty foot easement and right of way over and across the lands herein conveyed, said right of way being for means of ingress and egress to other lands owned by said Carbondale Land Development Corporation in Sections 14 and 23, Township 7 South, Range 88 West of 6th P.M., Garfield County, Colorado, the location of said right of way to be designated by second party herein upon request therefor by party of the first part, but provided further that if second party fails to designate said right of way after sixty days' notice from Carbondale Land Development Corpor~tion that such right of way be designated, then the Carbon- dale Lan.cl pevelopment',..Corporation may designate and establish said s i xty foot right o~ way o;er ·and ~cross the lands herein conveyed. 6. · _rhe easement ~nd right of way as excepted and reserved by party of the first part her~in as .. piovided for in Paragraph 5 above and whether the easement and right ·~f way .}s .~esignated by party of the first part or party of the second part as provided ·for in said Paragraph 5, must be located so as to tie into the South or Southwest portion of the access road as the same is shown on the Easement Agreement recorded in Book 3 05 at Page 23 of the Gar f ield County, Colorado, records, and thence said easement and right of way shall run in a Southerly or Southwesterly direction through the most accessible lands of that portion of the NW~SE!t; lying Southerly or Southwesterly of said access roa~. to the South line of said N1,'l/4SE1/tl. 7. There is excepted and reserved to Carbondale Land Development Corporation, party of the first part herein, and to its successors and assigns, a sixty foot easement and right of way over and across the NW!t;SE!i; of Section 23, Township 7 South, Range 88 West, 6th P.M., Garfield County, Colorado, as shown in the Right of Way and Easement Agreement recorded in Book 3 9 S at Page 2) of the Garfield County, Colorado, records • 0 ~ • t.' . •i ' J 8 ~ I ) , l '·' -\ > . -· • . I e · .. ) (, .. ; . " •.\ ' : · .. ; _. ~ ~ , / 11i \. , • I ' I -,~ . . ) I • Unite~tates Department of the~nter· n __ l~. @)E).~~~~n; ~., ·.. ;APR O 8 1994 ~i ul u • . ., l -,. BUREAUOFLANDMANAGEMENT flt_ .. . _ ! Glenwood Springs Resource Area 50629 Highway 6 and 24 --··-.... ·--·- GAJ=unr~ry P.O. Box 1009 Glenwood Springs, Colorado 81602 Mr. Mark Bean Garfield County Planning Department 109 8th Street -Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: April 6, 1994 1785g (7-880> In response to the request for comments regarding the proposed Fluer Subdivision Exemption located approximately 2.5 miles northeast of Carbondale, Colorado off County Road 112, I offer the following statements for your scheduled April 11, 1994, public meeting. It is my assumption that the 25.374 acre parcel is adjacent to public lands administered by this office. Current uses of the public land include wildlife habitat, and dispersed recreation such as camping, mountain biking, hunting, and hiking. 1. Our land records indicate that Fluer's existing access road on the southern boundary of the parcel lies directly adjacent to public land. The proponent should be aware of the location of property boundaries and roads to ensure no encroachment occurs on public land. Should any fence construction be considered along a BLM boundary, the fence standards should allow for easy passage by big game, i.e. less than 42" in height with a 10" kick space between the top 2 wires. 2. The adjacent public land is not currently being permitted for livestock grazing. 3. The adjacent public land is open to hunting and other dispersed recreational activities by the public. The proponent should be aware that such recreation uses are allowed on SLM-administered land. 4. Ownership of land adjacent to SLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 5. After review of our lands records, there are no federal minerals located within the subject private lands • ........ ------------~- ------... .................... . • 6. We are not aware of the location of utilities for power, telephone, etc. to the property. If utilities are proposed that would cross public land, the utility company would have to obtain a right-of-way from this office. An environmental assessment report would be completed as a part of the ROW permitting process. We appreciate the opportunity to comment on this action. If you have any questions or need additional information, please contact Jim Byers in this office at 945-2341. Sincerely, Michael S. Mottice Area Manager February 23, 1994 Mr . Mark Bean • • Carbondale and Rural Fire Protection District 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 Garfield County Planner 109 8th . St. Glenwood Springs, CO 81623 Dear Mark, MAR 0 2 '994 GARFIELD COUNTY Barbara Fluer stopped at the fire station yesterday and explained the proposed sub-division exemption for her property located off of county road 112 . As I understand it the property would be split into two parcels with no new structures currently planned for either parcel. I would like to offer the following comments to you regarding fire protection for the property . The Carbondale & Rural Fire Protection District w ill provide service to the property . Access to both parcels is adequate utilizing the ex isting access road(s). Water supply for fire protection will be provided by the water carried on the Carbondale fire trucks augmented by the district's rural water shuttle program utilizing tanker trucks . Response time to the property is currently approxi mately 15 minutes with both fire and EMS response coming from the Carbondale fire station . If you have any questions feel free to contact me at 963-2491. Sine ely, ~(_ Ron Leach, Chief Carbondale & Rural Fire Protection District -.,, ... • • • • • Narrative in Support of Subdivision It is proposed to divide existing parcel 8 of the 8earwald plat subdivision , created under Resolution 83 -50 dated March 14, 1983, in such a manner as to create parcels B 1 and 82 with parcel 81 consisting of approximately 18. 728 acres at the northeast corner of existing parcel 8 and parcel 82 containing approximate ly 6 .646 acres . The basis for this request is in agreement with Ga rfield County 's exemption criteria including the fact that proposed parcel 82 is split by an e xisting easement serving as ingress and egress for six or more existing parcels, five of which have existing dwellings . An existing dwelling was constructed on parcel 81 under building permit number 4470 issued in May of 1992, and a second existing dwelling was constructed on proposed parcel 82 under building permit number 3820 issued in October of 1989. The existing road easement for ingress and egress serves both these and neighboring parcels without any restrictions ; that is there are no limitations on the number of parcels to be served on this easement as represented by the deeds for the parcels served. The existing road and easement serving the neighboring parcels creates a defacto boundary use between parcel 81 and proposed parcel 82. The proposed subdivision of parcel 8 does not change the present land use. As structures currently exist on both parcels there is no additional need for sewage disposal , domestic water , drainage or related improvements . Both parcels have a permitted independent sewage disposal system, and both parcels are served by independent domestic water systems . Parcel 81 is served by Bearwald well No . 1 under terms of the adjudication of Case No. 80CW66 of Water Division No. 5 of the District Court, and parcel 82 is served by the well constructed under permit number 154715 issued July 18 , 1989. The creation of parcel 82 is within the limitation of four dwelling units as indicated in the statement of applicability in the petition for exemption . The exis ting permitted structures on both parcels are protected under the services offered by the Carbondale and Rural Fire Protection District. 2/23 /94