HomeMy WebLinkAbout3.0 BOCC Staff Report 08.05.2002• •
Exhibits for Gabossi Exemption Public Hearing held on August 5, 2002
Exhibit Letter Exhibit -· .
(A to Z) "'"• "" . -. .. " •.. , -·" :;;,., ~.-. -.. , ....... ""'""• ~ ..... ·~ ~ •' -..... . -v .,., ~ ··-~ ....
A Mail Receipts
B Proof of Publication
c Garfield County Zoning Regulations
D Garfield County Comprehensive Plan of 2000
E Garfield County Subdivision Regulations
F Staff Memorandum
G Application
H Letter from the Glenwood Springs Fire Department to Garfield Planning
Department dated July 12, 2002.
• • EXHIBIT
F
BOCC 8/5/02
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
PROPERTY LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
STAFF RECOMMENDATION:
I. DESCRIPTION OF THE PROPOSAL
A. Site Description
Exemption from the Definition of Subdivision
Roe and Mary Gabossi, Represented by John
Taufer & Associates
Adjacent to and north of Highway 6
approximately I mile west of Canyon Creek
and three miles east of New Castle, Colorado.
Specifically, the property is located in the NW
'It of Section 25 , Township 5 South, Range 90
West of the Sixth P. M .
61 .5 acre tract known as the "Bowles Ranch"
Individual wells for each lot (one currently
exists)
ISDS for each lot.
Highway 6 and County Road 138
AIR/RD
Approval with conditions.
The site is located adjacent to and north of Highway 6 approximately 1 mile west of Canyon
Creek and three miles east ofNew Castle. The property contains one (1) single family dwelling
and several agricultural outbuildings on the southwest portion of the property. At present,
access to the property is gained via an existing driveway that intersects Highway 6.
The property varies in topography as well as vegetation. The southwestern portion of the
property is relatively flat and contains the existing residence, a large apple orchard, a pond, and
the agricultural outbuildings as well as the old South Canyon schoolhouse. The southeastern
portion of the property consists of a flat area, consisting of approximately 5 acres adjacent to
Highway 6 and the New Creation Church. Apparently, this area was mined for structural fill
material for the construction of I-70.
• •
The remainder of the property contains sloping hillsides that continue to the northern boundary
of the property. The vegetation of the northern sloping areas primarily include pinon pine and
juniper. The Williams Canal traverses the northern portion of the property in an east to west
direction. The areas proposed for building sites have either already been cleared for agricultural
purposes or areas that are relatively minor slopes.
B. Development Proposal
The Applicant proposes to divide the 61 .5 acre property into a total of four smaller tracts which
are as follows:
Newly Created Lots ~· .,
Acres
Lot 1 (Remainder of the parent lot) 20.220
Lot2 34.685
Lot3 3.13
Lot4 3.43
Total 61.5
The property has been historically referred to as the "Bowles Ranch." Lot 1, which currently
contains the single-family dwelling, outbuildings and pond, is currently served by a domestic
well and an individual septic disposal system. All three newly created lots will be served by
individual wells and ISDS. Proposed access to Lots 2 and 3 will come directly from Highway 6
and Lot 4 will have access via a private access easement across Lot 4 from County Road 138 .
[It should be noted, an earlier conditional Exemption from the Definition of Subdivision
request for the same 61.5 acre property into 4 lots was granted by the Board of County
Commissioners on 9/17/01. Subsequently, the Board granted a 1-year extension of the
conditional approval to 9/17 /02. At this time, the Applicant is completing the conditions of that
approval prior to submitting a Final Plat to the Planning Office. If the Applicant has not
presented a Final Plat to the Board of County Commissioners by the time the conditional
Exemption approval expires in 9/17 /02, it will be considered void by default. The Applicant
has indicated to Staff they are completing the conditions for this first Exemption.
The primary reason the Applicant has submitted this second Exemption request is to create a
different lot configuration that would better serve a commercial use on two of the four lots
should a subsequent rezoning request be granted for those two newly created lots . Specifically,
this refers to Lots 3 and 4 of the present exemption plat.
C. Applicability
Section 8: 10 provides the Board of County Commissioners the discretionary power to exempt a
division ofland from the definition of subdivision and, thereby, from the procedure in Sections
3:00, 4:00 and 5:00, provided the Board determ ines that such exemption will not impair or
defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general
public welfare.
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II. RELATIONSIDP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000 , this site is located in Study Area 2
just outside of the 2-mile sphere of influence for New Castle and is defined as "outlying
residential." The density suggested for this area is one unit per two acres. The Applicant proposes
to subdivide the 61 .5 acre property into 4 lots which are all greater than 2 acres . After further
review of the property, it appears there are no significant development constraints or land use
consideration issues according to the Comprehensive Plan maps regarding suitability for residential
development. Staff finds this proposed subdivision i s consistent with the Comprehensive Plan.
III. REFERRALS
The application was referred to the following review agencies for comments :
A. City of Glenwood Springs: No comments received.
B. Town of New Castle: No comments received.
C . Glenwood Springs and Rural Fire Protection District: The Glenwood Springs Fire Department
does not have any problems with this application . Sufficient water storage will be required to
provide adequate fire protection for structures built in this area. As the project moves along the
approval process, the applicants will need to submit a detailed fire protection plan to Glenwood
Springs Fire Department for review and approval, prior to building permit approval. (See
Exhibit B)
D. Garfield County Road and Bridge Department: No comments received
E. Garfield County Vegetation: No comments recei v ed.
IV. STAFF COMMENTS
A. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision Regulations states
that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in th e records of the Garfield County Clerk and
Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public right-of-way (State or Federal
highway, County road or railroad) or natural fe ature, preventing joint use of the proposed
tracts, and the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in 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 ,· For the purposes of definition, all tracts of land thirty-five (35) acres or greater in
size, created after January 1, 19 73, will count a s parcels of land created by exemption since
January 1, 1973."
Staff Finding
The Applicant presented the County with a Warranty Deed, recorded on March 8, 1943 which
effectively conveyed the property to the Bowles who subsequently sold the property to the
present owners: Roe and Mary Gabossi. It appears the property is not part of a recorded
subdivision, was larger than 35 acres as of January 1, 1973, and this proposed action will not
create more that 4 lots. Staff finds this property is eligible for the Exemption from the
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Definition of Subdivision.
B. All Garfield County zoning requirements will be met. The property is zoned AIRIRD which
requires a minimum lot size of 2 acres. The proposed lots will meet this standard.
Staff Finding
The Applicant is proposing to subdivide the 61.5 acre property into 4 lots which are all greater
than 2 acres which complies with the zoning of the property. The Applicant shall b e required to
meet all zoning dimensional requirements for any development proposed for those newly
created lots. Staff finds this proposal is consistent with the current land use zoning
C. Legal and Physical Access: Section 8:52 C states : "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";
Staff Finding
The Applicant is proposing to provide access to Lots 1, 3, and 4 from State Highway 6 which
will front all three lots. The proposed access for Lot 2 will be from County Road 138 . The
Applicant has applied for access permits from State Highway 6 for Lots 1, 3, and 4. Jn addition,
the Garfield County Road and Bridge Department has issued an access permit for the proposed
access from County Road 13 8 to Lot 2 . Staff finds that the proposed lots to be created will
have legal access to a public right-of-way or are in the process of being obtained. Staff has
made this a condition of approval.
D . Water: Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an
exemption unless the division proposed for exemption has satisfied the following criteria :
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 lof';
Staff Finding
Currently, the property contains one well that serves the existing residence. The Applicant
proposes to provide water to each newly created lot with new individual wells. The Applicant
has obtained three (3) well permits (Bowles Wells# 2, 3, and 4) through the Colorado Division
of Water Resources Division 5. The Applicant has also obtained two (2) West Divide Water
Conservation District substitute water contracts and has applied for two (2) additional well
permits through Division 5. These well permit applications have been forwarded to the State
and pending approval.
[It should be noted, in November 1998, the District Court approved an Augmentation Plan that
effectively permits up to six (6) domestic wells serving 30 single-family dwellings on the
whole property. The Applicant has provided a copy of this court ruling in the application.]
Regarding irrigation, the Applicant represents the owners currently hold title to 8.8 shares in
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the Williams Canal Company. This water has historically been used to irrigate the property. A
portion of the irrigation water rights will be allocated to the exemption lots for outside
irrigation use. Staff finds the Applicant has determined that provision has been made for an
adequate source of water in terms of the legal and physical quality, quantity and dependability
to serve each proposed lot.
E. Sewer: "The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria: 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";
Staff Finding
Currently, the property is served by a septic system that serves wastewater generation from the
existing single-family dwelling. The Applicant represents in the Application that the method of
sewage disposal for all four exemption lots will be by means of Individual Sewage Disposal
System (ISDS). Prior to submitting for building permits, percolation tests will be performed on
Lots 2, 3, and 4 to determine the most appropriate sewage disposal system and location for
each lot. Each ISDS will be designed by a professional engineer licensed to practice in the
State of Colorado. Staff finds that the Applicant has adequately represented that provision has
been made for a suitable type of sewage disposal to serve each proposed lot.
F. All state and local environmental health and safety requirements have been met or are in the
process of being met:
Staff Finding
No State or Local health requirements are applicable to the application with the exception of
Colorado Department of Health ISDS setback standards. The Applicant will be responsible for
meeting the required standards and criteria for the location of the wells relative to the
placement of the ISDS systems.
G. Drainage:
Staff Finding
The parcels to be created by exemption, in its natural state is not subject to any drainage or
flooding problems and no drainage easements occur within the area of the parcels to be created.
H. Fire protection:
Staff Finding
The property lies within the Glenwood Springs Rural Fire Protection District. The Applicant
provided a letter from Ron Biggers, District Fire Protection Analyst, indicating that the Fire
District will provide fire protection services for development on all of the exemption lots. In
addition, Mr. Biggers indicated that as development plans for the property become clearer, the
Fire Department will work with the Applicant to develop an acceptable fire protection water
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supply for this property. (See Exhibit B).
The Glenwood Springs Rural Fire Protection District Chief indicated that sufficient water
storage will be required due to the lengthy response time to get to the site and scarcity of water.
The Applicant has committed to submitting a fire protection plan for approval by the
Glenwood Springs Rural Fire Protection District prior to the submission for plans for building
permits.
I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process
of being obtained; and '
Staff Finding
Any required easements (drainage, utility, access, etc.) will be required to be shown on the
final exemption plat. Specifically, the Ap plicant proposes to provide access to Lot 2 via an
access easement across Lot 4. As stated a bove, the Applicant shall record this easement with
the Garfield County Clerk and Recorder's Office as well as depict the easement on the Final
Plat.
J. School fees, taxes and special assessments have been paid.
Staff Finding
Prior to the approval of the Final Plat, t h e applicant will be required to pay the applicable
school site acquisition fee, as adopted by the County, for each newly created lot according to
the calculations I regulations in effect at the time of submission for approval of the Final Plat
(approximately $400.00, subject to change).
V. STAFF RECOMMENDED FINDINGS
I. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. That the meeting before the Board of Cow1ty Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were heard
at that meeting.
3. That for the above stated and other reasons, the proposed exemption has been determined to be
in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application has met the requirements of the Garfield County Subdivision Resolution
of 1984 a.a. Section 8:00, Exemption.
VI. STAFF RECOMMENDATION
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Staff recommends the Board of County Commissioners APPROVE this application for a
subdivision exemption with the following conditions :
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
~v The Applicant shall provide the Garfield County Building and Planning Department with the
approved driveway I access permits for lots 3 and 4 from the State Highway Department prior
to the submission of Final Plat.
3. Because the Applicant proposes to provide access t o Lot 2 via an access easement across Lot 4,
the Applicant shall record this easement with the Garfield County Clerk and Recorder's Office
as well as depict the easement on the Final Plat provided to the Garfield County Planning and
Building Department.
4. The Applicant shall inventory the property for any noxious weeds and provide a map and
management plan to the Garfield County Vegetation Director for approval for any weeds that
are found on the property prior to the submission of the Final Plat.
5. That the applicant shall have 120 days (until 10/17 /02) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption;
6. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat;
7. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
8. The access roadway to the parcels shall be maintained adequately to accommodate the weights
and turning radiuses of emergency apparatus to permit access during adverse weather
conditions.
9. Foundations and Individual Sewage Disposal Systems of all new dwellings shall be engineered
by a Professional Registered Engineer within the State of Colorado.
10. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) All recommendations made by the Glenwood Springs Rural Fire Protection District shall
be followed. In addition, compliance shall be required for the NFPA 299, Standard for
Protection of Life and Property from Wildfire recommendations.
c) No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One
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(1) new solid-fuel burning stove as defied by C.R.S. 25-7-401 , et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
d) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries.
e) Foundations and Individual Sewage Di sposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado .
f) Any new buildings shall avoid areas of natural drainage. Natural drainages shall be
preserved to the maximum extent possible .
g) Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a normal and necessary aspect ofliving in
a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads , livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers , soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a legal and non-
negligent agricultural operations.
h) All owners of land , whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches ,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County.
i) One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries . The
requirements shall be included in the prot ective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final remedy
in worst cases.
11. Prior to the signing of a plat, all physical water supplies shall demonstrate the following points.
These points shall not apply to the existing well on proposed Lot 1 (which is the parent lot):
a. That a four ( 4) hour pump test be performed on the well to be used ;
b. A well completion report demonstrating the depth of the well, the characteristics of the
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aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 3 .5 people per dwelling unit, using 100
gallons of water per person, per day;
f. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
12. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, access to a public right-of-way, and any proposed
easements for setbacks, irrigation, access, or utilities.
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Garfield County Planning Department
109 gth Street, Suite 303
Glenwood Springs, CO 81601
To: Fred Jarman, Staff Planner
Date: 7112/02
•
Subject: Comments on Gabossi Subdivision, exemption application.
EXHIBIT
~
The Glenwood Springs Fire Department does not have any problems with this application
by the Gabossis' to subdivide their property addressed in this application. As stated in the
Petition For Exemption (Fire Protection section), sufficient water storage will be required
to provide adequate fire protection for structures built in this area. As this project moves
along the approval process the applicants will need to submit a detailed fire protection
plan to Glenwood Springs Fire Department for review and approval, prior to building
permits being issued.
Sincerely,
~,r. ~/~/A,fA .
Ronald L. Bigge;;Tr.v---
Fire Protection Anajyst
Cc. Mike Piper
806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 970/945-6040
• •
i
AREA OF PROPOSED LAND USE DISTRICT AMENDl\'IENT --
OUTLYING RESIDENTIAL TO COMMERCIAL J
(EXISTING COMMERCIAL/ LIMITED C /L ZONING
COMPREHENSIVE PLAN AMENDMENT -STUDY AREA 2
OUTLYING RESIDENTIAL TO COMMERCIAL
GABOSSI PROPERTY
•
Garfield County Planning Department
109 8111 Street, Suite 303
Glenwood Springs, CO 81601
To : Fred Jarman, Staff Planner
Date: 7I12/02
•
Subject: Comments on Gabossi Subdivision, exemption application.
The Glenwood Springs Fire Department does not have any problems with this application
by the Gabossis' to subdivide their property addressed in this application. As stated in the
Petition For Exemption (Fire Protection section), sufficient water storage will be required
to provide adequate fire protection for structures built in this area. As this project moves
along the approval process the applicants will need to submit a detailed fire protection
plan to Glenwood Springs Fire Department for review and approval, prior to building
permits being issued.
Sincerely,
~~e ~
Fire Protection Analyst
Cc . Mike Piper
806 COOPER AVENUE GLENWOOD SPRINGS , COLORADO 81601 970/945-4942 FAX 970/945-6040
• • JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture I Land Planning
June 20, 2002
Fred Jarman, Senior Planner
Garfield County Building & Planning Department
109 81h Street
Glenwood Springs, Colorado 81601
Re: Gabossi Exemption -Supplemental Information
Dear Fred,
RECEIVED JUN 2 O 2002
With regards to the Gabossi Exemption application, attached is the following information
that you requested in your letter dated June 19, 2002:
1. Vicinity Map at a scale of 1 "=2000'
2. Attached are two (2) additional well permits ( # 057578 and 0057579) for Lots
3 & 4 respectively. The other three (3) well permits that were submitted with
the application correspond to Lots 1 and 2. The other well permit submitted
with this application corresponds to the original Gabossi Exemption request
that was conditionally approved by the Board last year.
3. A letter from Ron Biggers, Fire Protection Analyst with the Glenwood Springs
Rural Fire Protection District , stating that the district will provide fire
protection for two (2) residential and two (2) commercial lots. In speaking
with Mr. Biggers , he suggested that he would work with the developers on a
fire protection plan once the site development plan is finalized.
4. As I discussed in my application summary, the property qualifies for
Exemption since the property exists as described on January 1, 1973. I have
included a copy of Warranty Deed, recorded on March 8, 1943, conveying the
property to Larry and Dorothy Bowles.
5. The applicant is aware of the fees and will pay the fees upon submission of
the Final Plat.
Please review this information at your earliest convenience and let me know if you have
questions or need additional information.
Sincerely,
J.Q_ t-1:0-
John L. Taufer
SOS Colorado Avenue • Box 2271 • Glenvvood Springs, CO 81602
(S70) S45-1337 e FAX (S70) S45-7S14
GABOSSI EXEMPTION
Scale: l " = 2000'
Jun-06-02 11:5BA Pree.-ion Cut & o~5 ,-gn
= 97w47 9634
Fo rm No . OFFICE OF THE STATE ENGINEER
cw s 2s COLORADO DIVISION OF WATER RESOURCES
B18 Cenli:nniol AlcJg .. ·13 ·1::1 S11c:rman St. Denv1!f, Color<!dO 80203
(30:~) 866 ·Y1ll:
WELL PERMIT NUMBER 057579 .F
A PP \ .!CANT
CONRAD & MARS! IA W/\GNER
5403 CR 1~4
GLENWOOD SPRINCS , CO 81601-
(970) 945 ·0020
PERMIT TO CONSTRUCT A WELL
DIV . 5 WD39 DES . 13ASIN MO
J\PPRQVED WELL LOCATION
GARFIELD COUNTY
SE 1 /4 NW 1 /'1 Section 35
Townsh ip 5 S Rm1ge 90 W Sixth P M
DISlANCES FROM SECTION .LINES
/200 Ft . from North
2380 Ft. frorn West
UTM COORDINATES
SAction Line
Sectior1 Line
Northinn : Easting :
P.01
LIC
~~~~~~~~~~~~~~--~~. ~~~~~~~~~~-------
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be u~•etl in ~aich a way as to cause no malerial injury to existing wciter riglits . The iss1mnce ot this permit
dues not assure the applic~rnt th;:it no injury will occur to annlher vestetl water right or rrecludo ;mother owrier nf a vestoli
w;:i ter right frurn seeking rfiiid in a civil court action .
2) Tho construction of this Wf1 ll ;,h;,ill be in compliance with the Watr.r Well Construction Rules 2 CCR 402-2 . unles s aprrov~~I
uf a v ririance has been grdntec1 tiy lhe State Board uf Exa miners of Water Well Conr.truction ;:rnJ Pumr lnstaJl;:itiur1
C onlr~~cto rs in accorJ<:incc wilh Ruic 18 .
'.l) Approved pursuant to CR!3 :ll 90-137(2) for the construction of ;:,i well . appropriating wounc1 w~1 l er t ributary to the Colorudo
Fl.iver. ar. un ~~ltornate pnint ot divr.rsion to the Avalancho Canal an d Siphon , u11 tho r.ondition th<.it the well shrill lie er pr.r ated
on ly when the: West Divide Water Conservanc::y District's substitute water supply pl<.in . approved by lt1e St;:ite Engineer , is in
r.ffoct. ;:ind when a wator allutmcnt contract betwor.n lhe well own0r <ind tho West Divide Water Conservancy District for lhe
n-!leasc of repl;:icement w<.~ter frorn Ruedi Reservoir is in effect. or under ;rn approved plcin for augrnent;:ition . WlJWCD
co ntr;:ict #0?.0320CMW(a }.
~) The use of ground w;:iter rrom this well is limitr.d lo drinkil1~J and sanitary purposes inside a commercia l busino;,i;, vehir;lc!
w;i sh ing and the irrigaticw, of not more than 5000 square feet (0 .11 of an acre) of hurne g;irdens ;:imJ lawns . All use of th i;,
we l l will bn curtailed unlr.i;s !he wnter allotment contract or a plan for augmentation is in dfec..:l. This well is known a;; l11e
W:;ign er Wr.11.
5) The m;:ixirnum pumping rate of this wr.11 shall not exceed 25 GPM .
ti) Th e average annual amo11nl of ground waler to be appropriated shall not exccod 1.4 ar.re-fect .
7) The owner shall mark thE! well in a conspicuous place with well perm it number(s), no:.~me of the aci u ifer . rinJ court c..:.:ise
number(s) as arrropri;:itr~. Tl10 owner sh<.111 take necessary means and precautions to preserve those markings .
8)
'l)
A tot;:iliLing fluw mr.ter nwc;t be inst;;Jled on this well and maintained i n good working orde r. Pcrrnannnt rec::ords of all
div ers ions must be maiT1 tai11r.d by the well owner (rccurdl'!d <it least anmmlly} anli submitted to the DivisioTI En gi n eer l J[l Un
rr.quest.
T l1is well shall be cunstrur.ted not more than 200 feet fro Ill thP. location specified on this perm i t.
C..L· 301--\~0'i-
3
• • Form No.
GWS-25
OFFICE OF THE STATE .ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 LIC
os7578 F WELL PERMIT NUMBER ________ -
APPLICANT DIV . 5 WD39 DES . BASIN MD
ROC & MARY GABOSSI
1125 PALMER
GLENWOOD SPRINGS, CO 81601-
(970) 945-9373
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 35
Township 5 S Range 90 W Sixth P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from North
1770 Ft. from West
UTM COORDINATES
Section Line
Section Line
PERMIT TO CONSTRUCT A WELL Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS 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 this 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)
4)
5)
6)
7)
8)
9)
Approved pursuant to CRS 37-90-137(2) for the construction of a we ll , 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 we ll owner and the West Divide Wate r Conservancy Distri ct for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation . WDWCD
contract #020328RMG(a).
T he use of ground water from this well is limited to drinking and sanitary purposes inside a comme rcial business , vehicle
washing and the irrigation of not more than 5000 square feet (0.11 of an acre) of home gardens and lawns . All use of this
well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. Thi s well is known as the
Gabossi Well.
The maximum pumping rate of this well shall not exceed 25 GPM .
The average annual amount of ground water to be appropriated shall not exceed 1.4 acre-feet.
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 pre ca utions to preserve th ese markings.
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 le ast annually) and submitted to the Division Engineer upon
request.
This well shall be constructed not more than 200 feet from the location specified on this permit.
~ 30~00Z-
APPROVED
CJE
Receiot No. 9501077
State E ~ · · · . · yA·Y ·3 Q 2002
DATE ISSUED r1 ,, ByEXPIRATION DATE HAY 30 200B
•
5/22/02
John L. Taufer & Associates
P.O . B ox 2271
Glenwood Springs , CO 81602
Dear Mr. Taufer,
•
Your property located on highway 6,one mile wes t of the I-70, 109 exit (C a nyon Creek)
is in the Glenwood Springs Fire Departments ' Fire District. The Glenwood Springs Fire
Department will provide fire protection to this property. The total acreage i s 61 acre s,
divided into 2 residential parcels and 2 commercial parcels.
As your development plans for this property become clearer, the Fire Department will
work with you to develop an acceptable fire protection water supply for this property.
Sincerely,
~;(·· ~
Ronald L. Biggers ~
Fire Protection Analyst
806 COOPER AVENUE GLENWOOD SPRINGS , COLORADO 81601 970/945-4942 FAX 970/945-6040
i'ZO • •
damages the pa rty of th e first part may hov e sustained .
TT IS MUTUALLY t.C:Hl'J•:D , 'fhat time sbal 1 be o f th" essence of this ar;reement, and if' a t any
time the some shull be t e rmin ated in the manner above provided, the party of' the first part
shall have th e rlpht to r e -e nt e r a nd t ake i™nediut e posnession of naid property, and the
party of' the second pa rt hereby agree to inunedi R tely surrender and deliver up the same
peaceably, to the pa rty of the first port, and if the party of the second part shall re-
ma ln• in possession thP,reof after s uch t ermin ation , said party of the second pa rt shell be
rleernP.d p;u i lty o f a forcible detainer of said p ·r emises under the statute, a nd shal l be
,-;111l,iect t .o eviction :mo removal, forcibly or ·Otht-rwi,;e , with or ,without process of law.
t
l\~"l it is further mutu ally vgreed thut oll the 0ovenants and afreemcn t s herein contai n ed
shall extend to and be bindinr; upon the heirs, executors , administrators successors and assi~ns of the re spective pa rties. '
IN WITNl'~SS WHEREOF, The parties hereto have hereunto set their hands and seals the day
and ynar first above written .
Date o.f Payrne nt Paid on
Tnte.rest
Fred Munro
Vernon L . Lehr
Nethu Fl . Lehr
M~~MOHANDUt~ OF PAYMl!:N'l'S
Pai.<l o n
P rincipa l
Pnys Interest A~nunt
to Paid
(SEAL )
(SEAL )
B:alence of·
Principal
!lqcei ved
n y
1"i lt!d J'or rec o rll WH g , J<JI+), ul. 11:00 A. M .• i~td tcr J. Fro<1L, Hecorder "M"
-·---------------------------------------------------------------------------------------
WARHAN1'Y Dli'.ED'-Jo1nt Tenants
THI S DEED, Made th1.s 8t h day of March in Lhe year of our Lord o n e thousand nine hundred
and Forty -thre e between Perry G . Tuttl e , of the County o f Garfield and State of Co lorado,
of' the fir st pnrt, and La l'ry L. Bowles and Dorothy L . Bowles , of the G-oun ty of Garfie ld
and State of c ·o l orndo , of the second par t:
Wl'P~Jfo:SSET!l, That. the suid party of' the first. pa rt, for ancl in consideration o r the sum
o f 'Pen Dri l ll'irs and other vood and valm1ble considerations to the sni.d party of t he
first pa rt in hanrl paid by the said partie s o f the second part, the receipt whe r P.of
i.s hereby conf'essc<l encl acknowl edged , bus g runted, !Dar g ained, sold und conveyed , and by
thase presents does grant , bargain, sell , convey and confirm unto the said parties of t h e
second pnrt , n o t in tenancy in common but in ,joint ten an cy, the survivor of' th em , their
ess:lcns ano the l1eiT"> and ns si.rn~ "p ·;·ic h survi.vor r.-,r'!VGr, cill th e following desr.ribed
l ot~1 or parcel~J o r lr:inrl, s:iutatej lying and bei.n 1' i.n tlle County of Garfield a nd Stflte
or Colorado, to-wit:
All of Lhe Sou then st Qunrte r of the Nortlt1vest Qnarter ( SK~fll'lli) except the Southeast five
acres thereof and all thnt portion of' the Southwe st Quvrter of' th e Northwest Quarter
(SWtNW t ) l ying eas t erly of a broad gulch the center l ine of which is described as
11-<'ro;innin ,o: at a point on the dividinp: line between said Southwest Q.uarte r of th e Northwest
Quarter (SV/,'.NVIU and the No rthwest Quarter of the Northwest Quar t er (NW!NW1~), 575 fe et east
of' the west li ne of Se~. )5 in Tp. 5 South , Range 90 w. of the Sixth Principal Meridian,
thence South 11°5?' West 331 feet, thence South 34°52 ' West 163.5 feet, thence South 28"
52 ' West JA 6 .5 f eet , to n r.edar stump, thence South ~0 37' West 64 feeL to the County
road, thence on same course to the intersection of the South line or tr e Northwest
Qu 9.rter (NV/~) 01' snid Section 35 and al l that portion of the NWt of the N''lt df'Jscrihed 3S
beginning on seid di.vi.ding line 575 f eet east of th e west line of SRid Sectlon l,, thence
EAst o n sai.d divining line 503 fe e t , thP.nce Nbrth 32° West 41(3 feet and thence South 31 ,0
52 ' West 43 2 .6 feet , to th e olace of beginning said last desr.ribed t ract containins 2 .14 acr e~
mor e or les s ; all of said land being situate in said Sec . 35;
/\l so conveys All that part of the Nbrtheast Quarte r of the Northwest Quarter (N:EtNWt), ·
Sec . 35 in Township five (5) South , Range 90 West of the 6th Principal Meridian, described
as beginn i n g at the North Q.uarte r (N ~) Gorner o f said Section Thirty-f ive (35), ·thence
in a Southweuterly c1irer.t1.on to t h e most Westerly intersectiow of' the Canon Creak Ditch
with the Soutl-t line of the Nnrth Helf of the Northwest fluarter (N ±tlWt ) of said Sectio n
35 , thence Eu st on said South 1 ine , to the Southe ast Corn er of said Northeast Qua rt e r of
the rrorthwest Q.uBrter , (NEiNVI ,~) thAnce Nort h ' on the l~us t line of said N'ortheast Qu arte r of
the Northwest Qua rt er (Nl\l;NW~), to the plane of bep,inning; And also gran te rs ' undivided
2/,') interest in and to the Spion Kopp Di.tch No . 91A and in and to wuter priority No.158A
untl Blsn the interest of l"'.rantor in and to the Canon Creek Ditch No. 41 and in and to
water priority No . 58 connected therewith which i s a s uffi cient quanity of water to
irrigaLe all the irrir;e hle lands ebove described as being in the West Half of' the North-
west Quart er (W~NW~) of said Section )5 , Also conveyes , a ll other ditch and ditch ri g,hts,
vmte.r and wat er rights used on or in co n nection with the lands conveyed in this in strum e nt •.
TOCF.'l'l!EP vii.th all nnrl si.n<7UlGr the hereditaments and upp urtenunces thr->reunto bel.~ning,
, _ -_____ ..__..:-~---......... ~ rh n l'•r.nu-.T'~i nn Ann rP.ve tT.: Jns . rem ainder and remainder s .,
TO HAVE AND TO the said premises a ;Jove bargained and ribed, with the
appurtenances, unto the said parties of ,the second pert , the survivor of them, their
assigns, and the heirs and assigns bf such survivor forever . And the said party of the
first part, for himself his heirs, executors , and administrators, do covenant, grant ,
bargain end agree to end with the said parties of the second pert , the furvivor of them,
their assigns and the heirs and assigns of such survivor; that at the time of the
ensealing and delivery of these presents, he is well s eized of the premises above
conveyed, as of good, sure, perfect , abso l ute and indefeasible estate of inheritance
in law , in fee sirruple, end hes good right, full power e nd lawful authority to grant,'
bargain , sell end convey the same in manner and form aforesaid, end that the same ere
free end clear from ell former end other grants, .barg ains , sales, liens , taxes,
assessments and inc.umbranc es of whatever kind or nature soever,
a n d the above bargained premises in the quiet end peaceab l e possession of the said
pa r t i es of the second part, the s u rvivor of them , their assigns and the heius and assigns
of such su r vivor , against a ll and e v ery person or persons lawfully claimine or to claim
the whole or any part thereof, the said party of the first part shal 1 end will
WARRANT AND FOREVER DEFEND .
IN WITNESS WHEREOF , the said party of the first part has hereunto set his hand and seal
the day and year first above written.
Signed , Sealed and Delivered
in the Presence of
STATE OF COLORADO, (
)ss ~
County of Garfield , (
__ P_e_r_r~y_G~·~T~u_t_t_l_e __ (=SEAL)
The foregoing instrument was acknowledged before me thi s 8th day of March A. D. 1943,
by Perry G. Tuttle ~
My commission expires January 4th , 1945.
Witness my hand and official seal .
Mar..cus J. Mayes
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Filed for record Mar s: 1943 at 3:40 o 'cloc k P.M . Walt e r J. Frost , Recorder I -----------------"---------------------------------------~'-=~"":-~:-~::~~~~-~'.~":': ______ j
( SCM-1)
N'eil Por t able C.ircuit
Glenwood Springs , Colo .
SATISFACTION OF CH ATTEL MORTGAGE
RCA Manufac;turing Company , Inc ., a Delaware corporation, does hereby certify that a
certain Chattel Mo r tgage ~earing the date of th~9th day of January , 1940, made and
e x ec uted by Neil Electric Service , of Glenwood Springs, Colo ., as said Mortgago r , to
said RCA Manufacturing Company , Inc., a s Mortgagee,and recorded (or f i led) in the records
of the County of Garfield , State of Co l o . , on the 12th day of January , 1940 , is paid ,
and all title of said RCA Manufacturing CDmpany, Inc ., in and to the property described
in said Chattel Mort g age is re l eased, and the Recording Officer of ,;a i d State and County
is he r eby directed to discharge said Chattel Mortgage of record.
Dated , December 2, 1941 RCA MANUFACTUR ING COMPANY , INC.
RCA Victor Division
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WHL ii Attest: By E . c;. Cahill
MANAGER, PHOTOPHONE DIV1SIO N~-
VI . H •. Lowther
For Secretary
State of N'ew Jersey )
) SS:.
County of Camden )
On this 2nd dav of December , 1941, before me personally came E . C. Capill
. to me known, who, heing by me duly sworn, dl.d depose and say;
That he is the MANAGER , PHOTOPHONE DIVISI ON OF RCA Manufacturing Company , Inc ., the
corporation described in and which executed the foregoin g instrume nt; that he knows
seal of said corporation; that the seal affixed to said instrumenL i s such corporate
the
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•
June 19, 2002
John L. Taufer
John L. Taufer & Associates, Inc
909 Colorado A venue I Box 2271
Glenwood Springs, CO 81602
•
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Gabossi Request for Exemption from the Definition of Subdivision
Dear John,
I am writing this letter regarding the application you submitted to our department regarding the
reque st for an Exemption from the Definition from Subdivision (hereinafter "Subdivision
Exemption"). At this time, the Subdivision Exemption application does not include all required
information per Garfield County Regulations. The application is therefore deemed technically
incom plete and our department will not be able to process the submission any further until the
following information has been provided:
1) Section 8:41 (B) of the Garfield County Subdivision regulations requires that an applicant
shall include a vicinity map on the Plan, at a minimum scale of 1 "=2000', showing the
general topographic and geographic relation of the proposed exemption to the
surrounding area within two (2) miles, for which a copy of a U.S. G.S. quadrangle map
may be used. Your submission does not include a vicinity map at this scale. Please submit
this requested information to the Planning Department.
2) Section 8:42(D) of the Garfield County Subdivision Regulations states that an applicant
requesting approval for an exemption from the definition of subdivision shall provide proof
of legal and adequate water supply for the proposed lots. While it appears you have three
well permits through the Colorado Division of Water Resources, they will expire in October
2002. It is unclear as to the proposed locations of the permitted wells on each newly created
lots. More specifically, it appears the lot square footages indicated on the well permits do not
correspond to the proposed lots indicated on the Exemption Plat. Please clarify these two
issues.
3) Section 8:42(E) of the Garfield County Subdivision Regulations states that an applicant
requesting approval for an exemption from the definition of subdivision shall provide a letter
of approval of fire protection plan from the appropriate fire district. You have submitted a
letter from Michael Piper to Kit Lyons dated July 9, 2001 which does not represent an
approved fire protection plan. Further, I have contacted Mike Piper regarding this letter. It
109 8th Street, Suite 303, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-34 70
JUN-19-2002 11 :22 FROM-DI V5WATERES • 9709458741 • T-070 P.001/004 F-818
STATE OF COLORl\DO
DIVISION Of WATER RESOURCES
WATER DIVIS ION 5
Office of the State Eng ineer
Department of Natural Resources
P.O. Box 396 (50633 U.S. Hwy 6 & 24)
Cl~nwood Springs, Co 81602
Phonet970)94S·5665
FAX (970) 945-8741 (call first)
http://water..stl!te.c;o .us/defau!t.htm
FAX TRANS.MISSION COVER SHEET
Th1MEDIATEDELIVERYTO: rr< ~ ~...--~«-......._
FROM: #~. f4 £.._ r-(/_,.['\ , 'f_c_ "-1...--r_A
NO. OF PAGES (INCLUDING COVER SHEET): Y
INSTRUCTIONS/COMMENTS:
/-tr....-._·~ .#' S---Cfof-r
-IF YOU HAVE PROBLEMS RECEIVING DOCUMENT(S), PLEASE CALL:
DMSION 5 WATER RESOURCES
TELEPHONE: (970) 945-5665
FAX: (970) 945-8741 (CALL FIRST) OR (303) 866-5415
BiU Owens
C011ernor
G(eg E-Wair.her
EKecvt1ve Director
Hal D. Simpson, P.E.
Swre Engi n~r
Alan E. Martellaro
Divi~ion Engirieer
JUN-19-2002 11 :22 FROY!-O!VSY!ATERES 9709458741
FormNQ. OFFICE OF TH.ATE ENGINEER •
T-070 P.002/004 F-818
Gws-2s COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg ., 1313 Sherman St., Denver, Colorado 80203
{303) 866 -3581
WELL PERMIT NUMBER ___ 5::;.:6:;..:,1.::;.01~~----=-F __ -
LIC
APPLICANT D!V. 5 \fl.ID 39 DES. BAS!N MD
lot 2 Block: Filing: Subdlv: GABOSSllVVAGNER EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 35
ROCKY GABOSSI Township 5 S Range 90 W Sixth P.M.
1125 PALMER DISTANCES FROM SECTION UNES
GLENWOOD SPRINGS, CO 81601-
(970) 945-9673
1250 Ft. from North
960 Ft. from West
UTM COORDINATES
Section Line
Section Line
PERMIT TO CONSTRUCT A Wfll
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ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This weU sh~H be used~. such a way as to cause no material injurf to sAisting water rlghts. The issuance of this permit
does riot 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 civii couri aciion.
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 Ex;;1miners of Water Well Const11JciiOr'l and Pump lnstaiiation
Contractors in accordance with Rule 18.
Approved pu~uant to CRS 3 7-90-137 (2) on the condition that this well is operated in accordance with the Bowles. Dorothy
L Estate A ugmentation Pl::tn approved by the Division 5 Water Court in case no. 97CW162. If this well is not operated in
accordance with the terms of ~id decree, it wifl be subject to administration incli.idir'lg orders to cease diverting water.
Approved as a ':.:eH on a resident!a1 s!te of 2 .. 77 ecre(s} described as lot 2. Gabos:silWagner Exemptioni Garfiefd County_
Tills weli is identified as the Bowies Weil no. 2.
The use of ground water from this weii i5 iimited \o ordinary tioosehuld purposes Inside one slngle fa;ni!y dwemr:g. The
ground wat er shall not be used for irrigation or other purposes.
The maximum pumping rate of this well shall not ex~eed 15 GPM.
The annual amount of ground water to be appropriated by this well (Bowles Well no. 2) shall not exceed 0.39 acre-feet.
Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not
exceed 11 . 72 acre-feet.
Tne return flow from the use of this well must be through an individual waste water disposal system of the
nvii -~vapo rative type -.·Jhere the !.•Jater !s ret'...:med to the same stream system in V"!hlch the wen is toc~t~cL
Thls well shall be constructe d not more than 200 feet from the locatior'l specified on this pennit.
Totalizing flow meters must be installed on this well (Bowles Well no . 2) and the Bowies Weii nos. i, 3, 4, 5 & 6 and
maintained in good working order. Permanent records of all diveraions must be maintained by the well owner (recorded at
least annually) and submitted to the Division Engineer upon request.
The owner shall mark the w ell in a conspicuous place with well permit number(s), name of the aqu ifer, and court ca.sa
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
NOTE: Paree! !dennfication Number (P!N}: 23-2123-352-00-126 /9-?"'-.. ?.---
NOTE: Assessor Tax Schedule Number: 040337 (totaling 59.810 acres) ~~ fC~t:>C) (
I APPROVED
IDMW
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c:;r--~ ,r~. ~ \
ey ,. nrT n A ?nn?
I Receipt No. 9500723 "EXPIRATION DATJilV I " "X L..'l,lytW.
JUN-19-2002 11 :22 FROM-D!V5WATERES 9709458741
OFFICE OF TH .. ATE ENGINEER •
T-070 P.003/004 F-818
Form No.
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Shannan St, Denver, Colorado 80203
(303) 8e6-35S1
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WELL PERMIT NUMBER 56102 -F ---~---~~~~~~~~~-
APPLICANT
nn 1 ~
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IVIU
APPROVED WELL LOCATION
GARFIELD COUNlY
SE 1/4 NW 1/4 Sectiori 35
CONRAD WAGNER Township 5 S Range 90 W Sixth P.M.
ii 1 PARK DRIVE DISTANCES FROM SECTION LINES
GLENWOOD SPRINGS, CO 81601-1500 Ft from North
2200 Ft. from west
UTM COORDINATES
Section Line
Section Line
(970) 945-<1076
PERMIT TO CONSTRUCT A WELL Northing: Easting : f ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
UC
I coNomoNs OF APPROVAL
J i) Thi$ weii shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit I does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
I water right from seeking relief in a civil court action.
I 2} The construction of this well shall be in compliance with the Water Wei! Construction Rules 2 CCR 402M2. unless approval
II 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) on the condltron that this weir is operated in accordance with the Bowles. Dorothy
L Est..a~e Augmentation P!an approved by ~he Division 5 Wat.er Court in .case oo. 97GW152 . !fthis we!! is not operated in
a(;Q)(dance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
Approved a5 a wen on a residential site of 20.85 acre(s; described as lot 3, Gabossk'V'v'agner ~emptiori, Garfield Count-;.
This well ls Identified as the Bowles Well no. 3. I •l
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The use of ground water from this well is limited to ordinary household purposes Inside one single family dweiilng. The
ground water shall not be used for irrigation or other purposes.
The maximum pumping rate of this well shall not exceed 15 GPM .
The armua! amount of ground water to be appropriated by this we!! (Bow!el? We!! no, 3) sh«1!! not exceed 0 .39 acre-feel
Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not
e"ceed 11 . 72 acre-feet.
The return flow from the use of this well must be through an individual waste water disposal system of the
noo-evaporalive type: where lh e water is r t:tumed to the same sir eam sysiem in which the well is located.
This well shall be constructed not more than 200 feet from the location specified on this permit
Totalizll'\g flow meters must be installed on this well (Bowles Well no . 3) and the Bowles Well nos. 1, 2, 4, 5 & 6 and
maintained in good working o rder. Permanent records of all diversions must be maintained by the well owner (recorded at
feast annually) and submitted to the Division Engineer upon request.
The owner sha!! mark the we!! in a conspicuous p!ace '\Nith we!! 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 .
~~;~ :::~;;~:~::~~"~~~:~~): ~~~~~:o:~~~;:~810 actes) lo~¥~ o 0 I
I APPROVED
IDMW
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[Receipt No. 9500724 DATE 1ssuE0Ulj f U 4 LUU1 -,EXPIRATJON DAT
J
J UN-19-2002
Form No_.
GWS-25
11~~~1d:~;s;~~~ATE ENGINEER 9709458741 •
COLORADO DIVISION OF WATER RESOURCES
T-070 P.004/004 F-818
818 Centennlal Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ .....;5:..:6:....:.1.:..:03~---__,___F __
r"\I\ t .i;;
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APPLICANT
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Lot 4 !3!oc!<:: F!!i!19 ; Subdiv: GA80SSLll.i'JAGNER EXEMPT!ON
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4 Section 35
CONRAD WAGNER Township 5 S Range 90 W Sixth P.M.
111 lldQI< r'ICll\/C · · · · ""'' '"'"' ~.... DiSTANCES FROM SECTION LINES
GLENWOOD SPRINGS, CO 81601-1200 Ft. from North Section Line
2140 Ft from West Section Line
UTM COORDINATES (970) 945--6076
PERMIT 10 CONSTRUCT A WELL r.iormmg; Easting:
( ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT I H CONDITIONS OF APPROVAL
I 11 This well shall be u$ed in sucil a way as to cause no materiai injury to existing water rights. The issuance of this pennit I doe.s rlOt assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
I waier right from seeking reiief in a civii court action.
j 2) The constllJction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 4-02-2, unless approval
I of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
I 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Bowles, Dorothy
L Estate Augmentation Plan approved by the Division 5 Water Court in case no , 97CW162_ If this we!! is not operated in
accordance with the terms of said decree, It will be subject to administration including orders to cease diverting water_ l •)
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.4;>proved as a \A1e!! on a residentia! site of 17.38 acre{s) described as lot 4. Gahossil'v"Ja.gnci Exemption, Gaifield Count;.
this weli is identified as the Bowle$ Well no. 4.
'fhe use of 9round water from this weii is iimited to ordinary househoid purposes inside one singie famiiy rlwemng. Tne
ground water shall not be used for irrigation or other purposes_
The maximum pumping rate of this well shall not exceed 15 GPM.
The annual amount of ground water to be appropriated by this well (Bowles Well no. 4) shall not exceed 0 .39 acre-feet.
Additionally the combined annual amount of ground watl:lr to be appropriated by the Bowles Well nos . 1 through 6 shall not
exceed 11.72 acre-feet.
The return flow from the use of this well must be through an individual waste water disposal sy$tem of the
non~Japorsth1c type \A.there the nater is iatuined ta the same stn::arn system in which the wen is located.
This well shall be constructed not more than 200 feet from the location specified on this pennit.
Totalizing flow meters must be installed on this well (Bowles Well no. 4) and the Bowles Well nos. 1, 2, 3, 5 & 6 and
maintained in good working order. Permanent reC(lrds of all diversions must be maintained by the well owner (recorded at
least annually) and submittecl to the Division Engineer upon request.
The owner shall mark the well In a conspicuous place with well permit number{s), name of the aquifer, and court case
nornber(s) as appropriate. The owner shall take necessary means and precautions tc preserve these markings.
'
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NOTE: Assessor Tax; Schedule Number: 040337 (totaling 59.81 O acres) / ~ ¥ ~ C?-:7 (
J I A-P-PR_O_V_E_D~~~~--?/1 -7~~~~~-7"/~----~_~·-_~~~~~~~~~~,-.~~~~-~~~ .. ~-d--<l
IDMW l{d C\ .A-7-+=' #-zff A-~
state Engineer n n T' A • nnn.o1 Rv ;; n f' T I\ .4 'lnnt)
l.._R_e_ce--'ip_t_N_o_. 9_5_0_07_2_5 ______ D_A_TE_tS_S_U_E_D_U_li_l _U_4_L_U_U_J __ -,_EX_P_IRA TION DATfJ v l V 1i !.UUL
J UL-26-20 0 2 10 :46 P IT KI N IR ON CO RP.
PITKIN IR. CORP.
7 55 Airport Rd . • PO aox, 1298
GLENWOOD SPRINGS, CO 81602
(970) 945-0703
FAX (970) 945-0212
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9709 45021 2 P.01
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JUL-26-2002 10:4g PITKIN IRON CORP.
LEGAL DESCRIPTION
6) NORTII 45 DEGREES 44'37" EAsT ADISTANCE OF 194 .88 FEET;
7} NORTH 23 D~GREES 33'14" 1,it\S'.r A f;)ISTANCE QF128.60 FEET:
&) NORTH 37 DEGREES 48'14" EAST A DISfANCEOF 135 .68 FEET;
9} NORTH 04 DEGREES 22 •29• EAST A DISTANCE OF 85 .53 FEET;
10) SOUTH 50 DEGREES 44'37" EASf A DISTANCE OF 38.18 FEET;
ll)SOUrH 37 P_aGREES 33'49" EAST A DISTANCE OF 59.61 FEET;
12}SOUTH 35DEGREES15'19.:EAST A DISTANCE 161.50 FEET;
13) SOUTH 31 DEGREES s2·1r RAST A DISTANCE OF 130.89 FEET;
9709450212 P.05
PoUcy No. LTHH23S453
Our Order N'o. GW235453
14) SOUTII 26 DEGREES 55'22" EAST A DISTANCE 62JY7 FEET;
15) soum 20 DEGREES 42'Jt• EAST A DISTANCE OF 84.87 FEET; THEN NORTH 45
DEGREES 21 '31" EAST A DISTANCE OF 1856 .54 FEET TO THE POINT OF BEGINNING.
COUNTY OF GAAFIBLD
sTATE OF COLORADO
JUL-26-2002 10:49 9709450212 P.04
L G Policy No. LTHH235453
l
Our Order No. GW235453
... l:i6Al DESCRIPTION
TIIAT TRACT AS DESCRIB-m,) iNBQoK 208 AT PAGE 170 OF THE RECOR.OS OF GARFIELD
COUNTY, COLORADO AND BEINGATRACT SITUATED IN TI:IE NORTIIWEST QUARTER OF
SECTION 35. TOWNSHIPS SOUTII, RANGE 90 WESf OF THE SIXTII PRINCIPAL MERIDIAN.
BEJNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF. SAID SECTION 35, SAID NORTH QUARTER
CORNER BEING.A 2" IRON PIPE WlTI:l·AN ALUMJNeMCAP BEAIUNG P.L.S. REGISTRATION
#15710; THEN ALONG TIIE EAST LINE OF nrn NQ~TlfWFSI' QUARTER OF SAID SECTION'
SOUTII 07 DEG~ 03'10• EAST A .DISTANCE OF 1870.02 FEET TO THE NORTHEAST
CORNER OF TIIAT TRACT AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 871 AT PAGE 30
OF THE RECORDS OF SAID COurNY; THEN ALONG THE NORTH AND WEST BOUNDARY OF SAID
TRACT THE FOLLOWING THREE COURSES:
1) NOR.11190 DEGREES OO'OO":'WEST A DISTANC.EOF 84.81 FEET;
2) SOUTH 00 DEGREES 40'50" WEST ADISTANCEOF 80.42 FEET;
3) SOUTH 10 DEGREF.S 10'24" BAST A DISTANCE OF 237 .69 FEET TO INTERSECT THE
NORTHER.LY RIGHT OF WAY OF A CbUNTY ROAD AS IT CROSSES THE SOUTIIBAST QUARTER OF
~4l!> NOR~ QUARTER, SAID RIGHT OF WAY BEING 30 FEET NORTHERLY OF THE
CENTERLINE OFSAIO RO.AO As LOCATED BY sURVEY IN JUNE 1993; THEN ALONG SAID
NORTHERLY RIG!IT OF WAY THE POU.OWING FOUR. COURSES~
1) SOUTH 68 DEGREES 56'19" WEST A DISTANCE-QF 119.42 FEET;
2) SOUTH 75 DEGREES 17'17" WEST A DISTANCE OF 119.64 FEET;
3) SOtrrn 79 DEGREES 09'05" WESrA DISTANCE OF 64 _99 FEET;
4): SOU1'H 67 DEGREES03'21. WE5I' A DISTANCE-OF 153 ~83 FEET TO INTERSECT THE
NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NUMBER 6 AND 24; THEN ALONG SAlD
NOR.tllERL Y RIGHT OF WAYTHEFOLLOWING S!KCOU:RSES;
1) NORTH 65 DEGREES 14 '00• WESf A DISTANCE OF 758 .22 FEET;
2) 426.40 FEEt ~NG THE ARC OF A CURVE TO .THE LEFT HA VlNG A CENTRAL ANGLE OF
lZ DEGREF.S 09'16" A RADIUS OF lOl(}.00 FEET AND A LONG CHORD WHICH BEARS NORTH
71 DEGREES 18'3SM WEST A DISTANCE OF 425.00 FEi:rr ;
3) SOUTH 13 DEG{IBES 12'()()" \YF.S't :A.:P.JSTANCE OF 50.00 FEET;
4). 270.72 FEET ALONG THE ARC OF A ·CURVE TOTltE LEFf HAVINGA CENTRAL.ANGLE OF
<YT DEGREES 54'49" A RADIUS OF 1960.00 FEET AND A LONG CHORD WHICH BEARS NORTH
81DEGREF.S21 '35" WEST A DISTANCE OF 270.50 FEET;
5) N0~111 85 DEGREES 19'00" WEST A DISTANCE OF 368.00 FEET;
6) 109.74 FEET ALONG THE ARC OFA CURVE TO THE RIGHT HA VlNG A CENTRAL ANGLE OF
Ol DEGREES 06'2S•. A RADtlJS :OF 5680~00 FEET AND'A LONG CHORD WHICH BEARS NORTII
84 DEGREES 45'48" WF.SI A DlSTANCEOF 109-74 FEET TO A COLORADO DEPARTMENT OF
HIGHWAYS RIGHT OF WAY MARKER; THEN DEPARTING SAID NORTH.ERL Y RIGHT OF WAY AND
ALONG THE EASTERLY LINE OF A PARCEL REFERRED TO AS TIIE MTIBBITS PLACE• AS
DESCRIBED IN DOCUMENT RECORDED IN BOOK 491 AT PAGES 790 AND 791 OF THE RECORDS
OF SAID COUNTY TIIE FOLLOWING 15 COURSES;
1) NORTH 23 DEGREES 00'10~ EAST-A DISTANCE OF 85.51 FEET;
2} NORTH 33 DEGREES41'22"·EASTA :DlSTANcE:QFZ73.31 FEET;
3) NORTH io DE0REES4l'Ol ~··E.ASf:.AD!sTANcEoF126.20FEET;
4) NORTil 18 DEGREES 00·4:6":.BASl:A DISTANCE OF 102.71 FEET;
5) NORTH 89 DEGltEES 42'59" WESTAD!STANCE.Qf :34 .78 FEEf; ... . ·-..
JUL-26-2002 10:47 PITKIN IRON CORP. 9709450212 P.03
Polley No. LTHH235453
Form :AO/ORT
Our Order No. GW235453 .Schedule A Amount $700,000.00
Property Address: 44523 HWY 6 & 24 .;; GLENWOOD SPRINGS, CO 81601
1. Polity Date: April 19, 2001at5:00 P.M.
2 •. Name of Insured:
MARY ANN GABOSSI AND ROC ANTHONY GABOSSI
3. The estate or intenst in th~ land'desoibed'Ol" relen-ed-to in this Schedule and which ls covered by this policy is:
A Fee Simple
4. ntle to the 8tate or interett covered by this policy at tlK date hereof is vested in:
MARY ANN GABOSSI AND ROC ANTHONY GABOSSI
5. The land referred to in this policy is described as follows:
SEE ATIACHED PAGE(S) FOR LEGAL DESCRIPI10N
This Polk'.y valid only if Sclte.dnle B Is attached.
Land Title Gt1arantee Company
Repre:seitting ~Old ~epublic National Title Imurnnce Company
JUL-26-2002 10:47 PITKIN IRON COR P. •
Account: R040337 Account Type:
Tax Year: 2002 Version:
Parcel: 212335200126 Aroa ID:
MBU.evy; 61.&750oo. APR District:
-:ES.timatecl 1"; . • . 696 31 ~--· . . ~ax:... . . . '"7 ... ,~.
• T,tmt "1fll ~~·~from the. m~ recent tax ~1,1·
• 97094502 12 P.02
20020418000
004
A
GA80SSI ROC ANTHONY &·MARY.ANN '' .1 ' SECT~ N.RNG:35-5-90 DESC: ALL
44523 HIGHWAY 6 & 24
GLENWOOD SPRINGS. CO 81601
CONT. 25 .67AC. ALSO A TR OF oesc: LANO IN S2NW CONT
34. 75AC. EXCEPT A TR OESC.871/30 SK.13206 PG:0170
81(:1246 PG:n6 RECPT:579586 BK:1246 PG;m
RECPT:579585 BK:1246 PG:m RECPT:S79ee4 PRE:R040238
I
. _ _J
Gtufiek:I County
6.440
96,900
102-348 · . ·'. .. . .. .
6,440-
95.900
102,340
1 ·~-860
9;430
11.,290
1.860
9,430
11,290
0
0
0
0
59.810
11,290
59.810
11y290