HomeMy WebLinkAbout2.0 BOCC Staff Report 02.01.1999-xNt13r'r f f,
LA
BOCC 2/1/99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Bryan Edgington
LOCATION: A tract of land located in portions of Sections
25 & 26, T4S, R94W of the 6th P.M.; Located
approximately 10 miles north of Rifle on Hwy.
13, on Government Creek.
SITE DATA: 165 Acres
WATER: Well
SEWER: ISDS
ACCESS: State Hwy. 13
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in District C- Rural Area Moderate Environmental
Constraints as designated by the 1984 Garfield County Comprehensive Plan Management
District Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is currently a working ranch using both the east and
west side of Hwy 13. The western portion of the ranch is open pasture land with the
eastern portion used for both agricultural and residential purposes. (See location map
pg. R4 R
s 1
B. Project Description: The parent tract of land to be subdivided consists of 165 acres
The current proposal indicates the creation of 4 exemption parcels of 4.85, 20, 26 and
114.15 acres more or less. (See proposed map pg. 8+1 ) All Lots are proposed to
share an existing well and to use ISDS. Access is off State Hwy. 13.
M. 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, 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 feature, 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;"
The applicant, has provided sufficient evidence, historical ownership deeds, to
support the granting of an exemption.
B. Zoning: All lots in the proposal meet the criteria of a two (2) acre minimum lot size
as required by the A/R/RD zone district.
C. Legal Access: Legal access will be provided via Hwy. 13, the applicant shall be
required to contact CDOT to determine the location, number and size of driveways,
and to obtain access permits. A 25' wide access easement will be required for Parcel
B as the plat indicates access across Parcel A. No access point has been provided for
Parcel C, or for the remaining property which is assumed to be Parcel D, located west
of Hwy. 13.
D. Water: Water service is provided via an existing spring with two 8' well/spring head
boxes 530' apart located east of proposed parcels A and B on BLM lands with an
established historic use and permitted right-of-way 1,350 feet long and 10' wide and
identified as COC -55127.
Permit Break Down: Permit # 156416
Type of Source: Spring
Uses permitted: Domestic in-house use in two single family dwellings,
watering domestic animals and livestock, irrigation
Historic Draw: 1.0 acre feet
Permitted Draw: 12 gpm 720 gph 17,280 gpd
1
Permit Break Down: Permit # 156417
Type of Source: Spring
Uses permitted: Domestic in-house use in two single family dwellings,
watering domestic animals and livestock, irrigation
Historic Draw: 1.0 acre feet
Permitted Draw: 12 gpm 720 gph 17,280 gpd
The applicant is proposing the use a Joint Water Use agreement from an existing off
site spring, Wilcoxson No. 1, for Parcels A and B. The applicant has right to,
Wilcoxson No. 2, but has not provided a Joint Water Use agreement for Parcels
C and D. It is assumed that Parcel D has in place, agricultural wells for irrigation.
Water service is required to be provided to all lots.
E. Sewer: The existing house has an Individual Sewage Disposal System that is
functioning presently. The remaining lots have adequate area for an ISDS.
F. State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards, which should be verified by an engineer, as suggested by the
previous plat note.
G. Drainage& Geological Hazards: The parcels to be created by exemption, in its
natural state, appears to be suitable for development.
H. Fire Protection: The applicant has included a letter from the Rifle District, who noted
that the property is in the district and can be served. The district also commented on
providing defensible space, construction materials, road construction and posting of
address. (See letter pg. /0 )
I. Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat. Staff recommends that the right-of-way identified
as BLM COC -55127 be indicated on the plat and that a plat note regarding water
service to all lots be included.
School Impact Fees The applicant will be required to pay the $200.00 school site
acquisition fee for each newly created lot, prior to the approval of the final plat.
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
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
. RECOMMENDATION
Staff recommends APPROVAL, 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.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, 25 ft. wide access easement across
Parcel A to Parcel B, and any proposed easements for setbacks, drainage, irrigation,
access or utilities including the water head box and pipeline right-of-way identified as
BLM COC.
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 the
creation of the exemption parcel.
5. The applicant shall abide by the NFPA 299, Standard for Protection of Life and
Property from Wildfire recommendations as it relates to driveways.
a) All driveways shall provide a minimum unobstructed width of 12 ft.
(3.7 m) and a minimum unobstructed vertical clearance of 15 ft (4.6
m).
b) All curb cuts at entrances to driveways or other private ways shall be
of sufficient width to permit safe travel by emergency vehicles at all
times of year.
c) Turnouts shall be designed and constructed every 400 ft.
(122 m) along the driveways length.
d) A turnaround shall be provided at all building or structure sites on
driveways over 300 ft (91 m) in length shall be within 50 ft (15.2 m)
of the building or structure.
e) Where applicable, all driveways shall conform with NFPA 1141.
6. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds on the exemption parcels, is the responsibility of the
property owner."
"One (1) dog will be allowed for each residential unit within an 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 an
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, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries".
R
"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."
"All residential construction shall be consistent with the Colorado State Forest
Service (CSFS) recommendations for construction of homes contained in the CSFS
publication "Wildfire Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments.
All Construction shall also comply with the National Fire Protection Association
1997 Urban Wildland Interface Code ."
7 Prior to the approval of an exemption plat, the applicant will provided the following
documentation regarding the spring:
1) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, suspended solids and
nitrates be submitted to the County.
2) A Joint Water Use agreement for, Wilcoxson No. 1, and Wilcoxson
No. 2, be provided for all parcels. All agricultural wells for
irrigation shall be identified on the exemption plat.
5
t •
JOINT WATER USE AGREEMENT
THIS JOINT WATER USE AGREEMENT ("Agreement") is entered into by and
between BRYAN EDGINGTON and JULIA EDGINGTON, of 642 County Road 346, Rifle,
Colorado, 81650, and KATHRYN S. SNYDER, of 0750 County Road 346, Rifle, Colorado,
81650, (referred to collectively in this Agreement as "the Parties") on the qday of
Fe—oe, 1999.
WHEREA , the Parties each own, will own, or now reside on land in Section 25 and
Section 26, Township 4 South, Range 94 West of the 6th P.M. in Garfield County, Colorado;
and
WHEREAS, the parcels of land occupied by both Parties now use water from two
springs, one of which is designated Wilcoxson No. 1, located in the NW 1/4 SW 1/4 of Section
25, Township 4 South, Range 94 West of the 6th P.M., as more particularly identified and
described in a Registration of Existing Well dated February 9th, 1990, a copy of which is
attached hereto and identified as Exhibit "A"; and the other of which is designated Wilcoxson
No. 2, located in the SE 1/ of NW 1/ of Section 25, Township 4 South, Range 94 West, 6th
P.M., as more particularly identified and described in a Registration of Existing Well dated
February 9th, 1990, a copy of which is attached hereto and identified as Exhibit "B", and
sometimes jointly referred to in this Agreement as "the Springs"; and
WHEREAS, the Parties anticipate that the property described above will be the subject
of a Subdivision Exemption Application before the Commissioners of Garfield County,
Colorado; and
WHEREAS, in connection with the Subdivision Exemption Application it is necessary
for the Parties to demonstrate that each parcel created by the subdivision of the land has
available to it an adequate source of domestic water; and
WHEREAS, in anticipation of the approval of said Subdivision Exemption Application
the Parties now wish to provide for the joint use and sharing of water and expenses with
respect to the Springs for themselves and their successors and assigns;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the Parties agree:
1. Permitted Uses. Water from the Springs shall be used for domestic
household use, fire protection, the watering of domestic animals, poultry, and livestock, and
the irrigation of not more than twenty -thousand square feet of home gardens and lawns. In
addition, both Parties agree to be bound by and to comply with all additional instructions or
restrictions regarding the use of the Springs and water therefrom properly issued by the Office
of the State Water Engineer.
s •
2. Production/Consumption. At the time they were registered the Springs each
produced a natural flow of twelve gallons per minute, which natural flow is collected into a
cistern. No Party or their assignee or transferee will take any steps or do anything which
might damage the Springs or diminish their flow, or interfere with the pipelines, cisterns,
ponds, or other accessories now in place or later installed in connection with the use of water
from the Springs. No Party, assignee, or transferee guarantees that the flow from the Springs
will continue at the same rate, or at all. All of those owners of any parcel of land covered by
this Agreement as described in Paragraph 3 below shall be entitled to consume the water
produced from the Springs in approximately equal amounts, without reference to the acreage
of each parcel or the number of residents or livestock on any parcel. The Parties will
cooperate in the installation, maintenance, and reading of such meters as they may deem
appropriate for the monitoring and measuring of production and consumption of water from
the Spring.
3. Limitations on Use and Distribution. In addition to the limitations on use
described in Paragraph 1 above, neither Party will use or permit the use of water from the
Springs on any lands other than those covered by this Agreement, and will not sell, trade,
barter or exchange any of said output for use off of the lands covered by this Agreement. The
lands covered by this Agreement are described as:
TOWNSHIP 4 SOUTH. RANGE 94 WEST. 6TH P.M.
SECTION 25: SW 14 SW 1/a
SECTION 26: E 1/2 SE 1/ , NW 1/a SE 1/4 , AND THAT PART OF THE
SW 1/a NE 14 LYING SOUTHERLY AND WESTERLY
OF HIGHWAY NO. 13, EXCEPTING FROM THE
ABOVE THOSE PORTIONS CONVEYED FOR ROAD
RIGHT OF WAY PURPOSES IN DEEDS RECORDED
AUGUST 6, 1929, IN BOOK 159 AT PAGE 102,
OCTOBER 6, 1937 IN BOOK 181 AT PAGE 109, AND
NOVEMBER 15, 1951, IN BOOK 262 AT PAGE 36.
Out of the lands described above there is excepted the following described Parcel:
A parcel of land situated in the SE 1/a of Section 26, and in the SW 1/ SW 1/ of Section
25, Township 4 South, Range 94 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado; said parcel more particularly described as follows:
Commencing at the South 1/16 corner between Section 26 and Section 25 a
BLM brass cap found in place, the true point of beginning; thence S 89°50'44"
W along the southerly line of the NE 1/a SE 1/a of Section 26 302.82 feet to a
point in northerly right-of-way of State Highway No. 13; thence along said
northerly right-of-way along the arc of a curve to the right having a radius of
1372.50 feet a central angle of 11°45'03" a distance of 281.48 feet (chord bears
N 30°10"48" W 280.99 feet); thence continuing along said northerly right -of -
2
t •
way N24° 18' 16"W 198.70 feet; thence continuing along said northerly right-of-
way S 65°41'44" W 10.00 feet; thence continuing along said northerly right-of-
way along the arc of a curve to the left having a radius of 1196.00 feet a central
angle of 31°31'00" a distance of 657.88 feet (chord bears N 40°03'46" W
649.62 feet); thence continuing along said northerly right-of-way N 55°49"16"
W 706.41 feet to a point in the northerly line of the SE 1/4 of Section 26; thence
leaving said northerly right-of-way N 89°45'45" E along said northerly line
193.70 feet to the east center 1/16 corner of Section 26 a BLM brass cap found
in place; thence continuing along said northerly line N 89°45'38" E 1341.77
feet to the East 1/4 corner of Section 26 a BLM brass cap in place; thence S
00°05' 18" E along the easterly line of the NE 1/ SE '/a of Section 26 1319.50
feet to the true beginning. Said Parcel containing 23.547 acres more or less.
The parcel described above is identified as Parcel C on the Final Plat of the Edgington
Subdivision Exemption, and is so referred to in this Agreement. Parcel C is excluded from
the applicability of this Agreement. Parcel C obtains or will obtain its water from a well
permitted on February 25th, 1998 as Well Permit No. 208090 to Bryan & Julia Edgington, a
copy of which Permit is attached hereto and marked as Exhibit "C".
4. Installation and Maintenance of Facilities. The Parties shall cooperate
and share equally in the cost of maintaining all facilities now or hereafter installed for the
collection, purification, metering, diversion, control, and distribution of water from the
Springs. The Parties shall agree in advance on the need for, nature of, method, cost, and
contractor to provide any maintenance, repair, or construction work on the water system.
Each Party shall be solely responsible for the maintenance and repair of that part of the system
which is located on their property devoted to delivering water exclusively to their property.
Alterations or improvements to the system made exclusively for the benefit or at the insistence
of one Party shall be paid for by the Party at whose request the alteration or improvement is
made. No Party shall injure, damage, alter, or interfere with the system in any way which
will impair the ability of another Party to receive that Party's share and benefit from the water
system. To the extent necessary to carry out the purposes of this Agreement, each Party grants
to the other the right of access to the others' property, and easements for existing structures
and facilities, and the construction and maintenance of existing or additional structures,
pipelines, and other incidental facilities.
5. Payments. No Party shall be entitled to payment from any other Party for use
and consumption of water from the Springs pursuant to this Agreement. Each Party shall
contribute its share of the cost of any construction, maintenance or repair work done on the
water system within thirty days of the submission by a service provider of a statement for
services or supplies rendered for the benefit of the water system. A Party may contribute their
share of the cost by making payment in money, services, or materials.
6. Ownership, Transfer, Encumbrance. Facilities and structures now
existing or hereafter installed for the purposes of carrying into effect this Agreement shall be
3
t •
owned by the Parties as tenants in common with an undivided interest in the whole. Such
interest of each Party shall be an appurtenance of the land served, and shall not be sold,
transferred, or mortgaged other than in connection with the sale of the Party's interest in the
land served and benefited by this Agreement.
7. Rights on Default. In the event that a Party does not contribute its share of
any cost provided to be shared by this Agreement, any other Party may make such payment on
behalf of the defaulting Party, in which event the Party making the advance shall be entitled to
reimbursement from the defaulting Party, together with interest at the rate of twelve percent
per annum, plus its costs and reasonable attorney's fees incurred in collecting said amount.
No Party shall be entitled to interrupt water service from jointly owned facilities because of a
failure to contribute to joint expenses.
8. Parties Bound; Assignability. This Agreement shall be binding on the
Parties executing below, and on their respective heirs, successors, assigns, and transferees
with respect to those lands covered by this Agreement as identified in Paragraph 3 above. The
privileges, rights, duties, and obligations under this Agreement shall be transferable only in
connection with the transfer of the land served by the Agreement. Any other attempted
transfer or encumbrance shall be null and void and of no effect.
9. Covenants to Run With the Land. The rights, obligations, duties, and
privileges granted and imposed by this Agreement shall run with the land described in
Paragraph 3 of this Agreement.
AGREED TO AND ACCEPTED the date first above -written.
s �
f;
KATH N S. SNYY I R /
4
BN EDGINGTON'
JULIA EDGINGT O N J
rJ vim.
•
STATE OF COLORADO
COUNTY OF GARFIELD
)
)
)
Subscribed before me this Q_1.4 day of
S. SNYDER.
ss.
F J40
Witness my hand and official seal.
My commission expires: . _ o(— ef
te--- "Irt.t. ibt.s
d`! C •••• •� p
��v o Notary Public
`� .. 0 :jc.,.
STATE OF --L01441)0.' pC ; )
STA'1)
COUNTY OF GARFIELD )
Subscribed before me this 07SO day of It, LJAiZ\I
•
, 1999, by KATHRYN
ss.
EDGINGTON.
grih0l/j
Witness my ha>A seal.
My commissic (x
s
B LIQ!
iryy OF COO:* s'
7V COMMISSI
4V 3, 200�otary Public
STATE OF COLORADO
COUNTY OF GARFIELD
, 1999, by BRYAN
)
)
)
ss.
Subscribed before me this 23 day of r",(JA v2 y
EDGINGTON.
Witness my hand and official seal.
My commission expires:
,t,iwr t", �,,lp,,p,.
=NOTA y`���_
('(Lc_ k. .
� �'°UBL1V2I Notary Public
"Y COMMISSION EXPIRES
%Awl, poop
, 1999, by JULIA
5
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, the
undersigned respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of
/t 5 acre tract of land into C5t) "1'""a r tracts of
approximately .( 5! cP� /t ► acres each, more or less, from the definitions
of "subdivision" and "subdivided land' as theierms are used and defined in C.R.S. (1973) Section 30-
28-101 0) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below:
A / Cc ,
G c<e G' �V �t.._s .`.� vc_.... /61.-
44"C.—
�/ /
1 7 (J/te 6 -q c /WO /Z o c.,5
SUBMITTAL REQUIREMENTS:Y
An application which satisfied the review criteria must be submitted with all the
information:
o -�-
following
A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access to
a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities; and
B. Vicinity map 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 U. S. G. S. quadrangle map may be used; and
C. Copy of the deed showing ownership by the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within
200 feet of the proposed exemption, mineral owners and lessees of minerals owners
of record of the property to be exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community or municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; arid -
1.
,— (2
,n/
9
,...__._.--.tap CO -,i
Likaf
I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the
parcel as it exists presently is one of not more than three parcels created from a larger
parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
yZ s7:‘,Q/
Mailing Address
City State
— -- c)5C7
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land from
the definition of subdivision and thereby from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board shall make exemption
decisions in accordance with the requirements of these regulations. Following a review of the
individual facts of each application in light of the requirements of these Regulations, the Board may
approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at
a minimum, all of the review criteria listed below. Compliance with the review criteria, however,
does not ensure exemption. The Board also may consider additional factors listed in Section 8:60
of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling 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 35 acres or greater in size at that time and
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),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, such parcels thereby created may, at the discretion of the Board, not be considered to
have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling
unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
2.
r
l(ll(l((r \\
8 000 B�
8688x\1l
1
J
N
6c
2I
•
RIFLE FIRE PROTECTION DISTRICT
January 13, 1998
Brian Edgington
0642 County Road 346
Rifle, Colorado 81650
Reference: Proposed Subdivision exemption, Highway 13
Mr. Edgington,
The Rifle Fire Protection District has reviewed the
proposed subdivision exemption of property located just
North of Mile Marker 13 on State Highway 13. It is the
Districts understanding that this division will create a
separate parcel of approximately 24 acres. It is also the
Districts understanding that this property would be used
for construction of one, single family dwelling.
The above property is within the boundaries of the
Rifle Fire Protection District. Fire and Emergency Medical
Services will be provided to the area by the District. In
order to assist the District in it's capabilities of
providing these services, we would make the following
recommendations;
1. Defensible space: Vegetation should be removed from
near any structures on the property to provide a safe zone
in the event of a wildland fire.
2. Construction materials: The District recommends the use
of a classified roof covering and non-combustible siding
materials to minimize threats from a wildland fire.
3. Road construction: When constructing the access roadway
into the property, consideration should be given to the
weights of fire apparatus and accessibility during adverse
weather conditions.
4. Posting of address: The address of the property is to
be posted where the driveway accesses the highway. Letters
are to be a minimum of 4 inches in height, 1/2 inch in
width and contrast with the background colors.
As the time comes closer for construction of
structures on the property, the District would be happy to
set down and discuss wildland concerns in greater detail.
Thank you for your cooperation and feel free to contact me
if I can be of further assistance.
District Chief
/0 -
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
•
United States Department of the Interior.
BUREAU OF' LAND MANAGEMENT
Glenwood Springs Resource Arca
50629 Highway 6 and 24
P.O. Box 1009
Glenwood Springs, Colorado 81002
June 30, 1994
Frank and Genevieve Wilcoxson
13370 Highway 13
Rifle, Colorado 81650
Dear Mr. and Mrs Wilcoxson:
P[r!YNHIRl ).
2800
COC -55127
(7-880)
We have determined that the spring headbox and rater pipeline you have on
public land to supply domestic water is authorized under an 1866 federal law
referred to as RS 2339. As such, your project needs no further authorization
by BLM. We will note your right -of -ray on our public land records. Your
right -of -may will be noted as 1,350 feet long and 10 feet ride. If it ever
develops that you need to enlarge your project for any reason it wall be
necessary for you to obtain a new authorization under a 1976 federal law. The
RS 2339 permit can't be used to enlarge your project.
Note your right-of-way has been given the serial number, COC -55127. Please
use this number if you correspond with us about your project. You paid
S175.00 for application processing. This money was collected in error and
will be refunded to you in the near future in a separate letter.
If you have any questions on this matter please contact Bob Gervais at (303)
945-2341.
Sincerely,
�c-b? � k-ee
Michael S. Mottice
Area Manager
S1ATE (...* LL UC)
Gw>hs, RECEn
,on,;, OFFICE OF THE ST•INEER
eye c.r..n<+l s+oa.. 1313 Denver, caa.00 ea2oa.^
• (BOJ) e66358, L • --n 4
rw Lithos u.. Puy
1� —,; •
FOR INSTRUCTIONS SEE REVERSE SIDE *.srr�,
F" C C 90
REGISTRATION OF EXISTING W5
h F"
1,4.--E.., s.L
12-29-89 2:36 p rn1-p
1.
WELL OWNER RECEIVED
032472 60.00
NAME(S) Frank an^ f:annat-i Av.^- Wi lr'oYso'1
LTRGEX P0021
TTL 60.00
Mailing Address 13370 Hwv, 13 FH, II 2 '';'Ci
CHEQUE 60
City, St. ZipRifle, Colorado 81 650 .-- "7:: ,
CHG 0.00
Phone ( 303 ) 625 - 2752 WAIL 1.43111111P.
O
ITM 1 2
c 3 7
n-1 nA8377
2.
WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION Wilcoxson No.1
(4d..0 (CRY) (su,.) • Rip)
IVW 1/4 a v,. SW 1/4, Sec. 25 Twp. 4 ❑ N. or L x i S., Range 94 ❑ E. a L�1 W. 6th P.M
Distances from Section Lines 2,200 Ft. from ❑ N. a
.X. S. Line, 1 ,280 Ft. frim ❑ E. a
X
W. Line.
3.
The well has historically been used for the following purpose(s): Domestic in-house use in two single
family dwellings, watering of domestic animals and livestock, irrigation
4.
Water from the well was first used beneficially by the original owner for the above described purpose(s)
on August 31 , 19 10 .
5.
The total depth of this well is 8 taet.
6.
The pumping rate is 12 gallons per minute.
7.
The average annual amount of water diverted is 1.0 acre feet.
8.
The land area of home lawn and garden irrigated from this well is: less than one_21 Acre or ❑ Square teet.
(Numb. )
described as: a tract of land approximately 160 acres in size within the SE 1/4 Sec. 26
and the SW 1/4 Section 25,T.4S,RJogai Der«)94W. 6th P.M.
or as Subdivision Lot(s) Block Filing/Unit
I (we) have read the statements made herein, know me contents thereof, and state that they are true to my (our)
knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes genii()1
in the second dearee and is punishable as a Class 1 misdemeanor.)
9.
Name/Title type or ra)
Signature iii • -
f� . ,,te,,/�.�j
t'
Date
1lt/ti—v`P9
(Pu..s p
Frank & Genevieve Wilcoxson
FOR OFFICE USE ONLY
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS:
THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT
1) IN ACCORDANCE WITH CRS 37-92-602(5) FOR HISTORIC USE AS INDICATED BELOW AND DESCRIBED IN CRS 37-92-602(1)(b).
2 A WELL PRODUCING 12 GALLONS PER MINUTE AND USED FOR ORDINARY HOUSEHOLD PURPOSES INSIDE TWO SINGLE FAMILY DWELLINGS, FIRE
PROTECTION, THE WATERING OF DOMESTIC ANIMALS AND POULTRY AND LIVESTOCK ON A FARM OR RANCH, AND THE IRRIGATION OF NOT MORE
THAN 4300 SQUARE FEET OF, OME GARDENS AND LAWNS. .m-:-9-s'o
;... a . �L,Neim;..4. - - , Z'?_ FEB (} cl 1990
eiam, Enyinr By t.
Encumberom
Court Case No. Div. Co. WD Basin MD Use
GwS12
,04
vr.JLj
I h I c yr v.dLv%
OFFICE OF THE ST �"iE(NEER G
Bich.. 1313 Sherman Denver, Colorado 80209
row 'J'X u.. sx.y
1 , •rt . _ . ft ► a
c 2 '90
'``.
KIRE ., :;:Ax+: '
.!NATE E 3NEEF
12-29-89 2:35 P .000.0
032472 60.00
LTRGEX P0021
TTL 60.00
6
CHEGtUE 1.CHG 0.00
ITf4 1
CL -1 0A8326 776 if 32-6
antC.ca.nnrl
0031 ee6-3581 D E v =7 Q 10^2,
FOR INSTRUCTIONS SEE REVERSE SIDE0
lic..
REGISTRATION OF EXISTING WEfX4fil
1.
WELL OWNER RECEIVED
NAME(S) Frank & Genevieve Wilcoxson _
�
Mailing Address 13370 Hwy. 13 FEL '. , .-
City, St. Zip Rifle, Colorado 81650 -- i.:,.:.::a
Phone (303 ) 625-2752 IlktAit ' 1'
2.
WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION Wilcoxson No. 2
(Ador...) (may) (Stara) • (
SE 1/4 of to. NW 1/4, Sec. 25 Twp. 4 ❑ N. or ❑ S., Range 94 rrLP)
❑ E. o< L2Lr W. 6th P.M
Distances from Section Lines 1 910 Ft. from ..X
N. « ❑ S. Line, 1 , 810 Ft. frim ❑ E. or
...x. W. Line.
3.
The well has historically been used for the following purpose(s): Domestic in-house use in two single
family dwellings, watering of domestic animals and livestock, irrigation
4.
Water from the well was first used beneficially by the original owner for the above described purpose(s)
on Auqust 31, 19 10 .
5.
The total depth of this well is R taet.
6.
The pumping rate is 12 gallons per minute.
7.
The average annual amount of water diverted is 1.0 acre feet
8.
(('''��
The land area of home lawn and garden irrigated from this well is: less than one 1Acre or LJ Square Leet.
A tract of land approximately 160 acres iit"nbeQ size within the SE 1/4
described as: Ser- inn 2n, anti the SW 1/4 Section 75, T 4c P 94W_ 5th P M_ •
(Local D..atpoon)
or as Subdivision Lot(s) Block Filing/Unit
I (we) have read the statements made herein. know the contents thereof, and state that they are true to my (our)
knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes penury
in the second decree and is punishable as a Class 1 misdemeanor.)
9.
Name/T"rtle (Rom.. typo or per)
Frank & Genevieve Wilcoxson
Signature f
,-,�j�-``�S �Lcq71-0_,41-P-1
Date .L.i ti 4 p
FOR OFFICE USE ONLY
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS:
THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT
1} IN ACCORDANCE WITH CRS 37-92-602(5) FOR HISTORIC USE AS INDICATED BELOW AND DESCRIBED IN CRS 37-92-602(1)(b).
21) A WELL PRODUCING 12 GALLONS PER MINUTE AND USED FOR ORDINARY HOUSEHOLD PURPOSES INSIDE TWO SINGLE FAMILY DWELLINGS, FIRE
PROTECTION THE WATERING OF DOMESTIC ANIMALS AND POULTRY AND LIVESTOCK ON A FARM OR RANCH, AND THE IRRIGATION OF NOT MORE
THAN 43,500 SQUARE FEET OF HOME GARDENS AND LAWNS. 7i7-77,7. 2 --.5‘--
\--... '? -`�
_.�,._
f; 272, . )'%?o,ZZ— EB 0 9 1990
i"'k�' C'�iaf se-,::
Enpin..r --BY :f./ Due
- Court Case Div. Go. WD Basin MD Use
•
JOINT WATER USE AGREEMENT
THIS JOINT WATER USE AGREEMENT ("Agreement") is entered into by and
between BRIAN EDGINGTON and JULIA EDGINGTON, of 642 County Road 346, Rifle,
Colorado, 81650, and KATHERINE SNYDER, of 0750 County Road 346, Rifle, Colorado,
81650, on the day of , 1998.
WHEREAS, the Parties each own land in Section 25 and/or Section 26, Township 4
South, Range 94 West of the 6th P.M. in northwestern Garfield County; and
WHEREAS, both Parties now use water from a spring designated Wilcoxson No. 1
located in the NW 1/4 of the SW 1/4 of Section 25, Township 4 South, Range 94 West of the
6th P.M. ("the Spring"), as more particularly identified and described in the Registration of
Existing Well dated February 9th, 1990, a copy of which is attached hereto and identified as
Exhibit "A", and by this reference incorporated herein; and
WHEREAS, the Parties anticipate that the property now occupied by each of them will
be the subject of a Subdivision Exemption Application before the Commissioners of Garfield
County, Colorado
WHEREAS, in anticipation of the approval of said Subdivision Exemption Application
the Parties now wish to provide for the joint use and sharing of expenses with respect to said
spring for themselves and their successors and assigns;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the Parties agree:
1. Permitted Uses. Water from the Spring shall be used for domestic
household use, fire protection, the watering of domestic animals, poultry, and livestock, and
the irrigation of not more than twenty -thousand square feet of home gardens and lawns. In
addition, both Parties agree to be bound by and to comply with all additional instructions or
restrictions regarding the use of the Spring and water therefrom properly issued by the Office
of the State Water Engineer.
2. Production/Consumption. At the time it was registered the Spring produced a
natural flow of twelve gallons per minute, which natural flow is collected into a cistern. The
natural flow has historically been sufficient to meet the needs for two residential dwelling
units. Neither Party will take any steps or do anything which might damage the Spring or
diminish its flow, or interfere with the pipelines, cisterns, ponds, or other accessories now in
place or later installed in connection with the use of water from the Spring. Neither Party
guarantees that the flow will continue at the same rate, or at all. The Parties shall be entitled
to consume the water produced from the Spring in approximately equal amounts, and will
cooperate in the installation, maintenance, and reading of such meters as they may deem
appropriate for the monitoring and measuring of production and consumption of water from
the Spring.
3. Limitations on Use and Distribution. In addition to the limitations on use
described in Paragraph 1 above, neither Party will use or permit the use of water from the
Spring on any lands other than those covered by this Agreement, and will not sell, trade,
barter or exchange any of said output for use off the lands covered by this Agreement. For the
purposes of this Agreement, the lands covered by this Agreement are described as:
TOWNSHIP 4 SOUTH. RANGE 94 WEST. 6TH P.M.
SECTION 25: SW '4 SW 1/4
SECTION 26: E 1/2 SE 1/4 , NW 1/4 SE 1/4, AND THAT PART OF THE
SW 1/4 NE 1/4 LYING SOUTHERLY AND WESTERLY
OF HIGHWAY NO. 13, EXCEPTING FROM THE
ABOVE THOSE PORTIONS CONVEYED FOR ROAD
RIGHT OF WAY PURPOSES IN DEEDS RECORDED
AUGUST 6, 1929, IN BOOK 159 AT PAGE 102,
OCTOBER 6, 1937 IN BOOK 181 AT PAGE 109, AND
NOVEMBER 15, 1951, IN BOOK 262 AT PAGE 36.
4. Installation and Maintenance of Facilities. The Parties shall cooperate
and share equally in the cost of maintaining all facilities now or hereafter installed for the
collection, purification, metering, diversion, control, and distribution of water from the
Spring. The Parties shall agree in advance on the need for, nature of, method, cost, and
contractor to provide any maintenance, repair, or construction work on the water system.
Each Party shall be solely responsible for the maintenance and repair of that part of the system
devoted to delivering water exclusively to their property which is located on their property.
Alterations or improvements to the system made exclusively for the benefit or at the insistence
of one Party shall be paid for by the Party at whose request the alteration or improvement is
made. Neither Party shall injure, damage, alter, or interfere with the system in any way
which will impair the ability of the other Party to receive that Party's share and benefit from
the water system. A Party may contribute their share of the cost by making payment in
money, services, or materials. To the extent necessary to carry out the purposes of this
Agreement, each Party grants to the other the right of access to the others property, and
easements for existing structures and facilities, and the construction and maintenance of
existing or additional structures and facilities.
5. Payments. Neither Party shall be entitled to payment from the other for use
and consumption of water from the Spring pursuant to this Agreement. Each Party shall
contribute its share of the cost of any construction, maintenance or repair work done on the
water system within thirty days of the submission by a service provider of a statement for
services or supplies rendered for the benefit of the water system.
�5
s �
6. Ownership, Transfer, Encumbrance. Facilities and structures now
existing or hereafter installed for the purposes of carrying into effect this Agreement shall be
owned by the Parties as tenants in common with an undivided interest in the whole. Such
interest of each Party shall be an appurtenance of the land served, and shall not be sold,
transferred, or mortgaged other than in connection with the sale of the Party's interest in the
land served and benefited by this Agreement.
7. Rights on Default. In the event that a Party does not contribute its share of
the any cost provided to be shared by this Agreement, the other Party may make such payment
on behalf of the defaulting Party, in which event the Party making the advance shall be entitled
to reimbursement from the defaulting Party, together with interest at the rate of twelve percent
per annum, plus its costs and reasonable attorney's fees incurred in collecting said amount.
No Party shall be entitled to interrupt water service from jointly owned facilities because of a
failure to contribute to joint expenses.
8. Parties Bound; Assignability. This Agreement shall be binding on the
Parties executing below, and on their respective heirs, successors, and assigns. The
privileges, rights, duties, and obligations under this Agreement shall be transferable only in
connection with the transfer of the land served by the Agreement. Any other attempted
transfer or encumbrance shall be null and void and of no effect.
AGREED TO AND ACCEPTED the date first above -written.
KATHERINE SNYDER
BRIAN EDGINGTON
3
JULIE EDGINGTON
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIV N OF WATER RESOURCES
818 Centennial Bldg., 131 herman St., Denver, Colorado 80203
(303) 866-3581
BRYAN & JULIA EDGINGTON
642 COUNTY ROAD 346
RIFLE, CO 81650
(970) 625-0507
PERMIT TO CONSTRUCT A WELL
t
LIC
WELL PERMIT NUMBER 2 0 8 0 9 0 -
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SE 1/4 Section 26
Twp 4 S Rng 94 W 6th P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from SOUTH Section Line
500 Ft. from EAST Section Line
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
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ±37 acres (40 acres
less Colorado State Hwy 13 ROW of ±3 acres) described as the NE '/4, SE 'A, Sec. 26, Twp. 4 South, Rng.
94 West, 6th P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return 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 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-1919-264-00-026
Assessor Tax Schedule Number: 160215
APPROVED
DMW
Receipt No.
State engineer
DATE ISSUED FEB 2 51998 EXPIRATION DATE FEB 2 5 2000
March 31, 1998
•
Eric W. Walter
Attorney at Law
P.O. Box 98
Glenwood Springs, CO 81602
RAL LAND SERVICES
P.O. Box 1223
Glenwood Springs, CO 81602
Office (970) 945-5804
Fax (970) 945-0960
Re: Township 4 South, Range 94 West, 6th P.M.
Section 25: SW/4SW/4
Section 26: E/2SE/4, NW/4SE/4 and that part of the SW/4NE/4
lying Southerly and Westerly of Highway
Excepting therefrom Rights of Way through Quit Claim deeds with the Board of County
Commissioners and the State Highway Department as filed of record in Book 159, Page
102 containing 5.311 acres, Book 181, Page 109 containing 5.306 acres and Book 262,
Page 36 containing 6.121 acres.
Garfield County, Colorado
Dear Eric:
I have searched the Garfield County Clerk and Recorder's records, using the tract indices of
Stewart Title of Glenwood Springs for the above tract of land from Inception to March 20, 1998
at 8:00 a.m. and find the following:
SURFACE AND MINERAL OWNERSHIP:
Brian P. Edgington and Julia M. Edgington
642 County Road #346
Rifle, CO 81650
100.00%
Acquired by: Quit Claim Deed dated 05-02-97 in Book 1018, Page 18.
Excepting: Above mentioned Quit Claim deeds for R.O.W.
LEASEHOLD OWNERSHIP:
1. The above lands appear to have no current Oil and Gas Lease(s) in effect at
this time.
2. The above lands appear to have no Communitization Agreements or Affidavits
of Production filed of record.
Eric W. Walter
March 31, 1998
Page 2
f
LEASEHOLD OWNERSHIP cont'd:
3. The last lease of record affecting the above lands was dated 07-20-89 in Book
761, Page 246 from Frank and Genevieve Wilcoxson, h/w, to Exxon Corporation
which lease was released by Exxon Corporation by Release of Lease dated 05-29-
92 in Book 833, Page 591.
4. The following oil and gas leases appear not to be released of record: (Please
note that these leases preceded the Exxon lease mentioned above).
(a) Frank Wilcoxson to Sinclair Oil, Book 382, Page 109.
(b) Frank Wilcoxson, et.ux. to John E. Dunn, Book 412, Page 214.
(c) Board of County Commissioners to John E. Dunn, Book 412, Page 51.
We have in the past found errors and omissions that may exist in the tract indices of Stewart Title.
Our book and page chains are conditional upon those tract indices and their accuracy. Our
liability is limited only to the amount paid for this search.
If you have any questions or need additional information, please feel free to call me.
Sincerely,
MINERAL LAND SERVICES
v�
Sheila K Lawson
File No. 1291
aaAdo
• •
EDGINGTON SUBDIVISION EXEMPTION APPLICATION
ADJACENT LANDOWNERS
NAMES AND ADDRESSES
Aaron C. Woodward
HC 30 Box 1
Glenwood Springs, Colorado 81601
Denise Pauling
Warren Bishop
Michael Bishop
13900 Highway 13
Rifle, Colorado 81650
Michael Bishop
P.O. Box 112
McClure, PA 17841-0112
Bureau of Land Management