HomeMy WebLinkAbout2.0 BOCC Staff Report 09.20.1999REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
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BOCC 9/20/99
PROJECT INFORMATION AND STAFF COMMENTS
A request for exemption from the subdivision
regulations to create 3 lots and a remainder
parcel.
Robert J. Freeark and Ruth N. Freeark
A tract of land located in portion of Section
22, T6S, R92W of the 6th P.M.; Located
approximately 2 miles south of Silt, off of
County Road 331.
X24. ¢.6
Approximately 603.56 acres
Well permit obtained for shared well between
three new lots.
SEWER: ISDS
ACCESS: CR 331
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in the District B, Subdivisions/Rural Serviceable
areas '/z to 1 mile radius, Moderate Environmental Constraints, as designated by the 1984
Garfield County Comprehensive Plan's Management Districts map. This District is
characterized by lands having public water supply within a half to one mile radius, and by
areas of localized moderate environmental constraints. This designation was do to the
proximity to the Minneota Subdivision south of Silt.
-1-
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site jp. located approximately five (5) miles west of Silt.
(See location map pg. 7 )
B. Project Description: The exemption proposes the division of a 628.46 acre tract of
land into 4 tracts of land: Lot 1 would be approximately 10.36 acres, Lot 2 would be
approximately 5.74 acres, and Lot 3 would be approximately 8.8 acres. The
remainder parcel would be approximately 603.56 acres. The three lots will share use
a new well (permit issued and use individual sewage disposal systems. Access for
all three lots will be directly off CR 331. The remainder parcel will be acce se,d� from
CR 331 via an access easement reserved between Lots 1 & 2. (See Pg.
III. MAJOR ISSUES AND CONCERNS
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 the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In
order to qualify for exemption, the parcel as it existed on January 1, 1973, must have
been larger than 35 acres in size at that time and not part of a recorded subdivision,
however, any parcel to divided by exemption that is split by a public right-of-way
(State or Federal highway, County road or railroad), preventing joint use of the
proposed tracts, and the division occurs along the public right-of-way , 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 1,1973, will count as
parcels of land created by exemption since January 1, 1973.
The applicant has submitted a copy of a deed dated January 10, 1994. There are two
supporting deeds that contain most of the same property, but not all of it. It is not
clear what parcel existed on January 1, 1973. All of the property in the 1961 deed
is included in the 1994 deed, with the exception of 40 acres. The 1973 deed includes
all of the property in the 1961 deed and a substantial amount of additional land. It
appears that on January 1, 1973 that the larger tract (1973) contained the smaller tract
(1961). Then in 1994 the applicant's acquired the equivalent of the smaller tract,
less 40 acres, from the larger tract. The question is what has happened to the
remainder of the tract that existed on January 1, 1973. It appears that for the
purposes of subdivision, the 1961 tract merged with the 1973 tract and then was split
out again, less 40 acres. There needs to be a further explanation of the history of the
tracts of land to determine, how many exemptions the applicant can request.
-2-
A. Zoning: The A/A/RD district allows by right agricultural uses and construction of
a single family home on no less than a 2 acre lot. The lot size proposed exceeds
zoning requirements.
B. Legal Access: Legal access will be provided by CR 331 for the new parcels and the
remainder parcel will access from CR 331 via an access easement running along the
boundary between Lots 1 & 2..
C. Water: The applicant has obtained a well permit including approval of shared well
use between the three new lots. Prior to the approval of an exemption plat, the
applicant will demonstrate that all wells will meet the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) 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;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
7) If any well is to be shared, a water sharing agreement will be filed
with the exemption plat that defines the rights of the property
owners to water from the well.
D. Sewer: All units will be required to install a separate ISDS.
E. State and Local Health Standards. Colorado Department of Health ISDS setback
standards should be verified by an engineer upon location of the individual ISDS on
each lot.
F. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision
exemption and the dog shall be required to be confined within the owners property
boundaries. "
-3-
"No open hearth solid -fuel fireplaces will be allowed anywhere within a
subdivision exemption. One (1) new solid -fuel burning stove as defied by C.R.S.
25-7-401, et. seq., 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" .
"All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision exemption,
except that provisions may be made to allow for safety lighting that goes beyond
the property boundaries" .
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
IV. SUGGESTED FINDINGS
1. 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 County 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 from
subdivision regulations will not harm the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
V. RECOMMENDATION
Until the applicant can demonstrate that the existing parcel qualifies for the maximum
number of exemptions, staff cannot recommend approval. If the applicant can demonstrate
that the tract qualifies for the parcels proposed, it can be approved with the following
conditions of approval:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, 25 ft. wide access to a public
right-of-way, and any proposed easements for setbacks, drainage, irrigation, access
�a(2, . deeeteriki 7' 42r
-4-
or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Site Acquisition Fees for each
exemption parcel.
5. A building permit be approved prior to any regulated construction of any new
dwelling unit.
6. That the applicant, and any future property owners of said property has the
reasonable ability to connect with any municipal or centralized water and/or sewer
system, the subject property owners shall be required to connect to said service and
remove any existing well head(s) and individual sewage disposal systems(s) which
may be located on said property, within one year of the effective date of service
availability."
7. Prior to the approval of an exemption plat, the applicant will demonstrate that all
wells will meet the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) 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;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
7) If any well is to be shared, a water sharing agreement will be filed
with the exemption plat that defines the rights of the property
owners to water from the well.
8. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
-5-
"One (1) dog will be allowed for each residential unit within a subdivision
exemption and the dog shall be required to be confined within the owners property
boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within a
subdivision exemption. One (1) new solid -fuel burning stove as defied by C.R.S.
25-7-401, et. seq., 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".
"All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision exemption,
except that provisions may be made to allow for safety lighting that goes beyond
the property boundaries".
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
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PETITION FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pursuant to C.R.S. (1973) §30 -28 -101(10)(a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended
February 19, 1997, §8:00, ROBERT J. FREEARK and RUTH N. FREEARK, respectfully
petition the Board of County Commissioners of Garfield County, Colorado to exempt by
Resolution, the division of a 628.46 acre tract of land into four (4) tracts of land, one of
which will be approximately 10.36 acres, another of which will be approximately 5.74 acres,
a third of which will be 8.8 acres (the "exempted parcels") and the final of which will be
approximately 603.56 acres, more or less, (the "remaining parcel") from the definitions of
"Subdivsion" and "Subdivided Land," as the terms are used and defined in C.R.S. (1973) §30-
28 -101(10)(a) -(d), and the Garfield County Subdivision Regulations for the reasons state
below.
1. The 628.64 acre, more or less, tract which is the subject of this Petition is
owned by the Petitioners, ROBERT J. FREEARK and RUTH N. FREEARK (See copy
of deed submitted herewith as Exhibit 1).
2. The purpose of this exemption request is to allow residential sale and use of
the lots shown on the exemption plat.
3. The residential improvements on the proposed parcels shall be supplied with
domestic well water from a commonly owned and operated well. (See attached Exhibit 2,
Permit and Pump Test and draft Well -Sharing Agreement).
4. Any improvements to be erected in the future on the parcels shall be served
by individual septic systems.
5. Access to the property to be divided is directly from County Road 331 for the
exempted parcels.
6. Copies of the deeds in the Petitioners' chain of title before and after
January 1, 1973 are submitted herewith as Exhibit 3, demonstrating that the Petitioners'
628.46 acre tract, as it exists presently, was a unified tract as of January 1, 1973.
7. In further support of this Petition, the following are submitted herewith:
a. Proposed exemption plat, including vicinity map.
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f owners of
b. Schedule of names and aaddressesl owners
of record for theoexempted parcels.
rd of lands within
200 feet of the proposed exemption, and miner
c. Soil types and characteristics from USDA Soil and Conservation
Service.
d. Copy of letter to Rifle Fire Protection District.
e. Three Hundred Dollar ($300.00) application fee.
f. Proposed Declaration of Protective Covenants.
8. School impact fees as provided by regulation will be paid upon approval of
final exemption plat.
WHEREFORE, the undersigned request that the Garfield County Board of
Commissioners approve the subdivision exemption. ,
SIGNED this lzday of
Thomas W.'S ver
Attorney for the Applicants
STUVER & GEORGE, P.C.
120 West Third Street
P.O. Box 907
Rifle, Colorado 81650
(970) 625-1887
, 1999.
1 1(111 I\.r-11
RECOR0E0 /'29 O'CLOCK M. REc r 4590,16 pnr.C889 83!9 rn
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MILOREO ALSO RF. GARFIELD COUNTr CLERK
JAN 1 4 1494 =
900906A OSSF 1810-23a
COLORADO JAI 14 1394 i =1
MEPNA GAR►'iELD i N
MOC state (Doc. Fee
5
SPECIAL WARRANTY DEED O % 7
Mobil Oil Corporation of P. 0. Box 26683, Richmond, VA 23261, Grantor, for the I X
consideration of ten dollars and other good and valuable consideration. in =
hand paid, hereby sells, conveys, and quitclaims to Robert J. Freeark, M.D., , DO
and Ruth N.Freeark, of 304 Fairbank Rd., Riverside, IL 60546, as joint =1
tenants, Grantee, all of Grantor's right, title and interest in and to the w
following real property in the County of Garfield, State of Colorado, to wit:
See Exhibit "A" attached hereto and made a part hereof.
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Together with all of Grantor's right, title and interest in and to all
irrigation water, ditch and drainage rights used thereon or appurtenant
thereto, and buildings and improvements of Grantor located thereon and
easements used thereon or appurtenant thereto, and all other
'„appurtenances thereto, if any;
EXCEPTING AND RESERVING unto Grantor, its successors and assigns, the
minerals and mineral rights, not limited to but including oil shale,
kerogen, shale oil, coal, oil, gas, fissionable material and all other
minerals of any kind or nature, whether similar or dissimilar, owned by
Grantor and contained in, on or underlying said real property, if any,
together with the right to enter thereon for the purpose of drilling for
or mining (by underground or surface methods) and removing any and all
said minerals and materials, and the right to use so much of the surface
thereof as may be necessary for such purposes, provided the owner of the )
surface is reasonably compensated for any damage thereto.
THIS CONVEYANCE IS MADE WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND AND J
WITHOUT WARRANTY OR REPRESENTATION OF TITLE, EXPRESS OR IMPLIED EXCEPT GRANTOR
WARRANTS AGAINST THE CLAIMS OF PERSONS OR ENTITIES CLAIMING BY, THROUGH OR
UNDER THE AFFIRMATIVE ACTS OF GRANTOR.
This conveyance is made subject to any and all taxes, assessments,
reservations, liens, easements, burdens, royalties, exceptions, rights-of-way,
encumbrances, roads, ditches, utility lines, and restrictions which may still
be in full force and effect, which are of record, or which an inspection of
the above described real propertyjwould reveal.
Dated this /0�' day of v.fhie ,r, , 19 �`/ .
/(f Z11::'��'dT�fiSln
v1.
Eco:_
17, Y:
TITLE
NT SECRETARY
State of Virginia)
) SS
County of Hanover)
in
Mobil Oil Corporation
BY:
TITLE:
BY:
TITLE:
ATTORNEY-IN-FACT
ATTORNEI IN -FACT
The foregoing instrument was, acknowledged before me this L+ ji day of
•`7.} , 19 (/ 4 by /,., /. r {:� � and
,'.- Attorneys -In -Fact of Mobil Oil Corporation, a New
Yoi`k .4,grPor.
1810-dee.wn51/:i ol-dee.wp
hand and official seal.
(77'(// • /4 /C
Notary Public
/Y 94
enl4i889 4r:840
Exhibit "A"
To Specia Warranty Deed
Of /Qu Day Of v vXr , 19qq
By And Between Mobil OiT Co,poratlon (Grantor),
and Robert J. Freeark, M.D., and Ruth N.Freeark (Grantee)
NORTHEAST UNIT
T6S-R9214-6PM
Sec. 16: SWT/4NWF/4, 44/25W4, U1/45147/4;
Sec. 17: T/ZSE1/4NE1/4, ISWASW4NEV.41
Sec. 21: N-1/2., 1$i/ZSWY/4;
Sec. 22: SW1i4NW1/4*,
less and except the following described tracts of land previously
conveyed, recorded in the official records of Garfield County, Colorado:
A tract of land located in the NW1/4NE1/4 and the NE1/4NW1/4 Sec.
21 more fully described in that certain deed recorded May 26, 1965
in Book 366 at Page 267:
A tract of land located in the NW1/4NW1/4 Sec. 21 more fully
described in that certain deed recorded July 26, 1966 in Book 377
at Page 181.
Together with ditch and ditch rights, water and water rights appurtenant
thereto, including without limitation 3871 shares of capital stock in
The New Multa Trina Oitch Company, a Colorado mutual ditch corporation
and the water adjudicated thereto.
Together with a non-exclusive easement and right -or -way for the
operation, use, maintenance and repair of an existing Multa Trina
lateral irrigation ditch located on a strip of land, 16.5 ft in width,
8.25 ft. either side of the centerline of the existing Multa Trina
lateral irrigation ditch beginning a point at the Divider Gate in
SE1/4NWI/4 Sec. 28, then running 7500 ft. more or, less on portions of
the NEI/4 Sec. 28, and SW1/4SEI/4 and SEI/4SW1/4 Sec. 21 to a point on
the north line of the SE1/4SW1/4 Sec. 21, for the purpose of irrigating
certain lands described hereinabove in Sections 16 and 21 T6S-R92W-6PM,
subject to revision by registered land survey.
Excepting those reservations and exceptions of record contained- in U. S.
Patents, mineral reservations, oil and gas leases, easements and rights-
of-way, and other matters of record pertaining thereto.
Excepting minor boundary and fence location errors (if any) not
materially affecting the intended use of the lands described herein
cumulatively not exceeding 36 acres located along the boundary thereof
which are subject to a third party claim or claims of adverse possession
(if any), and do not materially affect Grantee's intended use of the
lands.
Initialed For Identification
1810-dee.wp5l
//-
AFTER RECORD[NC RETURN TO:
Robert J. Freeark. MD.
Ruth N. Freeark
304 Fairbank Road
Riverside, [I. 60546
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else,i.r the . .I.r ^t
1k1 ode tbi.. 1''tlt
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day of Dt•t ertilwr in the year of our Lord
one thousand nire bundrei and �1stY-111.• h.t„een
ROBERT GLENN ANDEItSt)N and ROSE C. ANDERSON
of the County of Garfield and Stat.- of Colorado. of the ftra part. and
J. ROBB ItOBINSON and GENEIL S. ROBINSON
of the County of Garfield
and State of Colorado, of the second part;
Witnesseth. That the said part 1C of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration, ` '
to the said part ies of the first part in hand paid by the laid parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve grunted. bargained, sold and conveyed. and by these ilresents da
grnnt, hargnin, sell, convey and ronerm nn•,. •'' .n`•1 .,rt,•. of the .eennd n•,r', n•4 1, ten,n- in c-nrmmnn hut in.
joint tenancy, the .unv,vur ,.1; t'.• m. Ih,. r ..' . r . , .. .• •. • T. , . .: t. i•
described lot sor parcel ., of land. situ.;.•. I; a. ,c .n•1 I n;p in the , ••unty Garfield uol State
of Colorado, to -wit; . •-
The SW;NW , SE;SW; and NSW of Sec. 16; SE',NE; of Sec. 17, the
"•'. and Nt_SW; of Sec. 21; the Z',N;NW` of Sec. 22, ail in Tp. 6 S.,'R. 92 West
of the 6th P.M. except an undivided 15/16 interest in and to all oil, gas, min-
eral and petroleum rights fn or upon or under said lands above described, re-
served by previous owners.
_. __ .__ .Toget' er_with . ._undivided 3470/30102 interest in the New. lyfulta Tricia
Ditch and'the water rights adjudicated thereto.
Together with an easement and righf of way from the Dry Hollow Road
Jin a Westerly.drrection over and across the NW;NW of Sec. 22, Tp. t S., R.
192 W. of the 6th P.M. for ingress and egress to the easterly line of the NE;NE;
1tpf Sec. 21, T. 6 S. , _ R. 92 W. of the 6th P.M.
!\-4 Together with all..grazirtg rights appurtenant thezto
10 •-••• ••-10
11 I r.
3:may' F'xlt
Together with all and singular the hereditaments and appnrtenanrn thereto belonging, or in anywise apper-
taining, and the tevenaion and reversions. remainder mad re rn.tne.a,•rint, issues and proata thereof; and all the I�
estate, right, title. interest, claim and•demand whatsoever of the said partie -of the first part, either in law or .1 .
equity. of, in and to the above bargained premises, with the hereditamentirand appurtenance;.
To Have and to Hold the said premises above bargained and described, with the appurtenances. unto the said 1
pmrtiee oL the rewind part, the survivor of them, their aaarglta and the heirs and assigns of such survivor forever.
And the said part ies of the flet part, for themselves executors, and administrators, do -
covenant, grant, bargain and agree to and with the said parties of the aeeond part, the survivor of them, their esalgna
and the heirs and assigns of inch survivo>vthat at the time of the annealing and delivery'of these presents.I�ey a
well aeized'of the premises above conveyed. as of good, lure. perfect. absolute and indefeasable estate of Inhentanee,
to law, to fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey .1
and earns in manner and form aforesaid, and that the same are free nd Clear from all forme!. quid ether grants, �`
bargains, sales, dens, terms aaeaamenta and incumbrances oLwhatever kind or nature aoe►er, sub]eCt 10 aft
ease int for ress axe a ress•from the Dr Ho11gvy Road c iiss the SW NW oLII
•safd ctict 2 ery S evl s. o_vne sub ect to II and Gas Lease re-
corded in Boo 97 at Pag �11 of the Garnet ountO recor
and.the above bargained. premises In the quiet end peaceable possession of the Bald parties of the second part, the .
survivor of them, their assigns and.the heti and assigns of such survive&, against all and every person or persona 1
- lawfully clainiing or to claim the whole or any part thereof. the said part ies of the first part shall -and will •
WARRANT AND FOREVER DEFEND. _
In Witness Whereof, The .aid part ies of the first part ha Vie hereunto set their hand S
sad seal 31u. day and year first above written. n
Signed. Sealed and Del:venni in the rr,•.nn.e ..f _ � �et �i•. �
Ro6er`i C.detuf r\tt [rstill
• Ruse C. Anderson
•
STATE OF COLORADO. l
County of... G.arfield . : _r r "'The foregoing dnstn-ument was acknowt.
°edged before me thla. .Y.i - ..day of . December ... , lg.. 62,
. - tri+..ROBERT GLENN ANDERSQN and ROSE C. ANOERN.:
•
t•`,r • Miasma thy hand and ofd elf4,1..1.. ., •
yy sen nt..ion expire*. ... � ,. 1
i _
....._...._L.Lt l.[.c. �f i._a.'/;e`�/ja[; Nra�/�71�Yblle
rat a stag ta ailing at ._-..4. taawe agar M ass edea w ......V aid al. .asw a"'' .
waaaalrTr Dam TQ rimer sitcoms -01a ter reused masers cu. Q,tre& Odin '
dye.
■aetaid at 4:58 e/deeit_ P V.. April 2O. 1973
R septic. Me -2579°5 E11a Stephens,
Book '.43
Page c91
=.eeeslr.
it
Tag Dry), Yale tea
J. ROBB ROBINSON and GENEIL S. ROBINSON
dyed April 9 ,ip 71
acre coaaty of Garfield end geaea al cobesda,
*ism first part. sed
J. COOKE WILSON, JR. and C. T. GARTH. JR.
Ali( GR[:lii:;lli FIE
of the County of Pitkin and Stats of Colorado, of the ..coed part:
WITNESHETD. That the said part t e Sof the first par. fur and In cnnaiderstion of the sum of
Ten Dollars and other good and valuable consideration
to the said part ie Sof the (Int part in hand paid by the said part ie$ of the second part. the receipt whereof is
hereby confessed and cknow led gad. ha ve granted. bargained, sold and conveyed. and by these presents do
grant, bargain. sell. convey sad ron(irm, unto the said part ie sof the aeeuod part. their
heirs and aaaigns forever. all the following described lot or parcel of land. situate. lying and being in the
County of Gar ie 1d and stats of Colorado. to.wlt:
Townshi); (6) South Range Ninety—Two (92) West Sixth (6t") P.H.
Section
Section
Section
Section
Section
Section
Section
Section
Section
16: SWkNWk, NAISW1t. SEkSW#
17: SEkNEr
19: SEkNEk, E SES, SWkSEk, Lot 4
20: S!SWk, NW SWk, SWkNWk, NEkSWk, SIISEk
2): nsof,SWkSEk, Wk.
22: SW- NWk
28: N, SWk
29: N NkSEk
30: NEk, Lot 1, Lot 2
EXCEPT: Nine acres of Section 29, Tp. 6 S., R. 92 W., 6"
described in Book 43 at Page 98, and also EXCEPT proverty
To:
Public Service Company
U.S.A. Bureau of Reclamation
U.S.A. Bureau of Reclamation
U.S.A. Bureau of Reclamation
U.S.A. Bureau of Reclamation
Garfield Gas Gathering Company
By Documents
Book
377
366
391
382
388
367
recorded in
Page
181
267
320
482
51
598
P.M.
dzed out
Together with all ditch and water rights appurtenant to this
property, including, but not limited to, 4,300 shares of stock,
and an undivided 3470/30102 interest in the New Multi Trina
Ditch Company and the water rights adjudicated thereto.
Together with an easement and right of way for a roadway twelve
feet in width over and across the NWkNWk of Section 27, Tp. 6 S.,
R. 92 W., 6" P.M., as said roadway is now constructed and being
used, to and from the NEkNE':, of Section 28, Tp. 6 S., R. 92 W.
6" P.M. to the County Road; together with an easement and right
of way from the Dry Hollow Road in a Westerly direction over and
across the M'i NWi of Section 22, Tp. 6 S., R. 92 W., 6" P.M. for
ingress and egress to the Easterly line of the NE`,:NEt, of Section
21, Tp. 6 S., R. 92 W., 6" P.M.
TOGETHER with ail and singular the hereditaments and appurtenances thereto belonging, or in enywtae
appertaining, and the reversion and reversions. remainder and remainders, rents, Issues and profits thereof: and all
the estate, right, title, interest, claim and demand whatsoever of the said part i e sot the Sint part, either in law
or equity, of. in and to the above bsrzained premises, with the hereditaments and appurtenances.
No. 163. WARRANTY D.gD—rw rb ....a4 —awed... ?cYYNv ca. 1UUMle sieu,
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•
JUL-12-99 MON 10:59 AM
Form No,
GWS -25
APPLICANT
FAX NO.
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Cantannla( eldq., 1313 Sharman St, Domtar, Colorado 8Q203
(3031 886-3881
P. 01/01
QWNER'S COPY
1095
WELL PERMIT NUMBER 2 0 2 8, +
DIV. 5 CNTY. 23 WD 45 DES. BASIN
MD
Lot: 14 Slack: Filing: Subdiv: DRY HOLLOW RANCH
APPROVED WELL LOCATION
GARFfELD COUNTY
SW 1/4 NW 1/4 Section 22
ROBERT J. & RUTH N. FREEARK
304 FAIRBANKS ROAD
RIVERSIDE, IL 60546
(706)216-3215
PERMiiT TO CONSTRUCT A WELL
Twp 6 S Rng 92 W 6th P.M.
DISTANCES FROM SECTION LINES
2563 Ft. from NORTH Section Line
760 Ft. from WEST Section Linc
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT
CONQiTMONS OF APPROVAI.,
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shal{ lie in compliance with the Water Weil Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3►{b0(111(AI as the only well on a tract of land of 40 acres (less County
Road 331 Hight -of -Way) described as Lot 14, Dry Hollow Ranch division of land, Garfield County. Further
described as: a tract of land being the SW 1/4 of the NW 1/4, Section 22, Township 6 South, Range 92 West
of the 61.h P.M., excepting a 60 foot right-of-way for County Road No. 331 as constructed and in pisco.
4) The use of ground water from this welt is limited to fire protection, ordinary household purposes inside 3 single
family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of
domestic animals.
5) Tho maximum pumping rate shall not exceed 15 GPM.
6) The re -turn flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water Is returned to the same stream system in which the well is located,
7) This well shall be constructed not more than 200 feat from the location specified an this permit.
Post -it' Fax Note 7671
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APPROVED
DMW
Receipt No.
Stzta EnQrw3Qr
DATE ISSUED AUG 0 7 199?
AUG 0 71999
EXPIRATION DA —a
5.5
PV
-1
To (ft)
25
4
p.25
0
100
140
PERF. G : Screen Slot Size
PVC.. .250 --- 45
9.a:ScorPlacement
3. Filter Pack
Materrai :
Size :
Interval :
10. GROUTING RECORD
Matae l
Amount
unsay
Interval
cement
3 sks
16 gal
5.255
Placement
poured
100
Type :
Cepth :
JUL-12-99 MON 04:05 PM
FAX N0. P. 02
July 12, 1999 10:25 AM From: Shelton Drilling Corp. Fax #: (970) 927-3801 Page 1 of 1
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
WELL. PERMIT NUMBER
202877
2. Owner Name(s) : Robed Freeark
Mailing Address : 304 Fairbanks Road
City, St. Zip : Riverside, IL 60546
Phone (708) 216-3215
3. WEI I LOCATION AS DRILLED:
DISTANCES FROM SEC. LINES:
2563 ft. from North Sec. line. and
SUBDIVISION : Dry Hollow Ranch
STREET ADDRESS AT WELL LOCATION :
SURFACE ELEVATION
DATE CQMPLe 1 tU 09/03/97
FOR OFFICE USE ONLY
APPROVAL # GWS31-91-o3
SW 1/4 NW 1/4 Sec. 22 Twp. 065 Range 92W
760 ft from
LOT 14 BLOCK
West Sec. line. OR
FILING(UNIT)
ft. DRILLING METHOD Air Rotary
TOTAL DEPTH 140 ft. DEPTH COMPLETED
140 ft
5. DEO LOGIC LOG :
Depth ype of Motenal (SIZE, Cotor, and Typo)
a
R. HOLE DIAM. (in)
Dirt, Rocks
00140 Wasatch Formation
9.0
6.b
FROM rft)
TO IR)
0
25
25
140
7, PLAIN CASING
CO On)
7.0
Kind
Steel
Wall Sic
From (ft)
.24
V •.25
WATER LOCATED : 45, 60, 80
REMARKS :
11. DISINFECTION :Type : .7Tr—
12 WELLTEST DATA : [) Check Box if Test Data is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level 35 11. Patel -rime Measured 09/03/1997 Production Rate :
Pumping Level : Total ft, Date/Time Measured : 09/03/1997 Test Length :
Amt Used : 2 OZ.
15 gprn
2 hrs.
Remarks
luwr rota mo earomad. ad. nreM rro know u+r n
caons diiiot. int Nat ploy ,vv true to my knoww�Ac4a dvursuaw to .amrt 24.1. 104i td)la 1 GYy. Jw auk": al fa(• eremmcrrf cononuto:
13. pwsuym 1h4 senna aeOtoo Ina n)uauuna4lr AS a tlmt t rrrodemaaror
CONTR CTOR : Shelt•n DrlYtlnr Corp. none : (970 927-4182
.
•
. r► Signature Date 09/04/97
- 1 • • •fir. •
Name /Title (Please Type or Print)
wavne Shelton / President
faro
PROPOSED
WATER WELL COMMUNITY
SHARING AND MAINTENANCE
AGREEMENT
THIS AGREEMENT is entered into on the date set forth below to be
effective , 1999, by and between ROBERT J. FREEARK
and RUTH N. FREEARK ("Freeark"), whose address is 304 Fairbank Road, Riverside,
Illinois 60546, owners in fee of those real properties described as Lot 1, Lot 2, and Lot 3,
Freeark Subdivision Exemption Garfield County, Colorado. Said Lot 1, Lot 2 and Lot 3,
are referred to hereinafter collectively as "the Lots."
WHEREAS, each of the parties and their successors in interest are to be the
joint owners of a water well constructed under Colorado Division of Water Resources Well
Permit No. 202877, and shall be joint owners of the water well and casing as constructed and
installed and of the water to be diverted by said well system for providing domestic water
for all permitted uses on the respective properties of the parties; and
WHEREAS, the well and casing and pump shall be utilized by said owners as
a lawful water right; and
WHEREAS, the water well and system required drilling and completion and
will require continuing maintenance and operation, the costs of which must be borne by the
owners and users thereof; and
WHEREAS, the well permit contemplates perpetual, though not constant, use
and operation of the well, pump and the appurtenant structures; and
WHEREAS, said owners as parties hereto desire to enter into this agreement
for the purpose of clarifying respective rights and duties and establishing easements and
procedures for jointly operating the water well and delivering water to the properties of the
owners, and for providing a method for equitably dividing the water derived from operation
of the system, and for equitably allocating the shared payment of costs of operation and
maintenance of the water well and its pump and other structures by all of the parties.
NOW THEREFORE, in consideration of the mutual obligations, promises,
and covenants set forth herein, and the due performance thereof, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
including but not limited to the acceptance of the benefits and detriments deriving herefrom,
the above-named parties agree as follows:
1. Each of the respective owners of the Lots shall be deemed to
own an undivided one-third (1/3) share of the subject well permit, well, pump, fittings at the
well head, meters (whether existing now or to be installed at a later time), pumphouse, foot
valves, and any pipes or pipelines and any other structures which are jointly used.
hip
ht
2. No owners of the Lots sare ed or
ed to have uired solely bythey �ownergof
in and to any pipe, pipeline or other structureq
another of the Lots which may utilize any portion of tothe
relatewater
t flowing
su h individually owned or
is water well
and its structures. This agreement does not intend
used rights or structures. Nothing in this agreement shall be construed to give any party any
rights to such non -shared property of other parties nor to obligate any party to pay any costs
associated with non -shared structures.
3. The parties shall cooperate with each other at all times in all
matters necessary to promote the proper construction, completion and functioning and use
of the water system in such manner as to provide to their respective uses an optimum water
supply on demand at all times possible based upon the natural availability of water. The
parties agree to not waste water and to endeavor to use no more than their respective shares
of the available water. At this time it is agreed that no individual water meters must be
installed. If at any time after the date hereof, any party requires that meters be installed,
then each of the parties shall install meters at the individual expense of each party. Waste
or over -use shall be deemed to be a material breach of this agreement for which the non -
defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or
both. Irrigation uses shall be limited to not more than 14,520 square feet of lawn and
garden on each parcel. Unless otherwise agreed by each owner, no owner of one of the
Lots shall use more than one-third (1/3) of the water legally allocated to the well (i.e., 5.00
g.p.m.). In the event the water physically available from the well is less than the legally
available amount, then each owner shall proportionately
Inano event shall the wele llbe pumped at
ption of same
to one-third (1/3) the amount actually available
a rate exceeding fifteen (15) gallonsper minute. individual disosaylsystemousehold use of the well water must
of the non -evaporative type,
provide for return flow through anP
returning the water to the watershed in which the well is located.
4. The party first constructing residential improvements on any lot
shall be responsible for the initial cost of constructing the well system, water storage tank
of at least 1,500 gallons capacity, pump house and any jointly used pipe lines. Following the
initial construction, the actual and continuing costs of operation, maintenance, construction,
extension, upgrading, cleaning, repairing and all other work required on shared components
of this water system to cause the water at the well to become and remain available to deliver
water to the parties shall be shared by the parties in proportion to their share in the well.
This agreement shall relate only to costs incurred after the date hereof. Electrical charges
for the operation of the well shall be shared equally, or in the event meters are installed,
in proportion to the water utilized by each party. No operational costs will be charged to
any party until such party actually makes a physical connection to the well and begins using
water from same.
c 1inu y:
5. Subject to the provisions in paragraph 4 above, any party who
has been using water from this system and at any time elects not to share in costs, necessary
repairs, maintenance, replacement and the like necessary to maintain the water well and
deliver the subject water, shall not receive water from the system. At such time as said
electing party chooses to resume use of water from the system said party may do so upon
reimbursement to the other users the full cost of said party's share of such expenditures with
legal interest retroactive to the expenditure date.
6. The owners agree to cooperate in the future maintenance,
operation, repair, replacement or improvement of all common facilities. In the event the
owners are unable to agree on any required maintenance, repair, replacement or
improvement, any owner shall be entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the common
facilities. In the event an owner determines to undertake such work unilaterally, such owner
shall notify the other owners in writing. The owner undertaking the work shall, upon
completion, provide the other owners with a written statement of work performed and the
other owners' proportionate share of the cost of same. In the event an owner fails to pay
the proportionate share of any amount due within thirty (30) days after presentment, the
owner which has paid such cost and expense shall be entitled to pursue any remedy available
at law or in equity for a breach. The Court, in its discretion, may award to the prevailing
party Court costs and attorney's fees incurred.
7. Freeark hereby grants and dedicates permanent, non-exclusive
easements across that portion of said Lot 2, designated as "Well Easement" on the final plat
of the Freeark Subdivision Exemption, as necessary and sufficient for this Agreement to be
performed for the benefit of the respective owners of Lots 1 and 3, as users of the shared
well, pump and common pipeline and treatment system and structures, and also grants a
non-exclusive easement for non -shared or individual pipelines conveying water to the
respective Lots over and across said "Well Easement."
8. Each party agrees to not interfere at any time with the proper
use by any other party of its interest in any water structure and shall indemnify and hold
harmless all other parties and users from any loss or damage or injury caused by the acts
of said indemnifying party.
9. The term hereof shall be perpetual.
10. This agreement shall be binding upon and inure to the benefit
of the parties, and their assignees or successors, and the easements and covenants granted
or agreed to herein shall be deemed to run with the land and shall encumber the land of
each party for the benefit of the properties of the parties as described herein.
11. The laws of the State of Colorado shall govern the validity, effect
and construction of this Agreement.
12. This agreement contains the entire agreement among the parties
and may not be modified in any manner except by an instrument in writing signed by the
owners of each of the Lots.
IN WITNESS WHEREOF, the parties have signed this agreement on
the dates following their respective signatures.
ROBERT J. FREEARK
STATE OF ILLINOIS
COUNTY OF
Date RUTH N. FREEARK Date
)ss.
The foregoing instrument was acknowledged before me on this day of
, 1999, by ROBERT J. FREEARK and RUTH N. FREEARK.
Witness my hand and official seal.
My commission expires:
Notary Public