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HomeMy WebLinkAbout2.0 Staff Report 12.01.1997A19,0/edeo�j BOCC 12/1/97 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: An exemption from the definition of subdivision. APPLICANT: ELW Land Company/Sheila Wills LOCATION: A tract of land located within Sections 3 & 4 T6S, R92W of the 6th P.M.; approximately 0.5 miles northwest of Silt along County Road 231. SITE DATA: 92.264 Acres WATER: Individual/Shared wells SEWER: Individual Sewage Disposal Systems (ISDS) ACCESS: County Road 231 (First Street); easements EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The tract is located in District A - Silt Urban Area of Influence, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981; 1984 Plans). II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject tract is 92.2 acres in size and located approximately 1/2 mile northwest of the Town of Silt, on the west side of County Road 231. The tract is located on a dissected alluvial deposit which generally slopes gently toward the south. The northwestern corner of the tract slopes toward the west, at steeper angles, ending in an intermittent drainage. The majority of the tract is irrigated pasture with an existing single family dwelling, garage and a few outbuildings located in the northeastern corner. B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the tract are generally agricultural and single family residential. See vicinity map, page• to • . C. Development Proposal: The applicant proposes to subdivide, by exemption, the 92 acre tract into four (4) parcels of 3.4, 7.9, 7.9 and 73.0 acres each. The smaller parcel would contain the existing structures and the two (2) 7.9 acre parcels would each be developed with single family residences. At present, the remaining 73 acre tract is not proposed for further development and would retain its agricultural uses. See sketch map, pages is• III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8:52 (A) 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), 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;" Based on the deeds contained in the application and research of County records, the subject tract has been assembled from two (2) separate pieces of property and has existed as a singular tract since August, 1965, when the deed was recorded. See deeds, pages $• it. . Therefore, this exemption petition complies with Section 8:52 (A) of the Subdivision Regulations. B. Zoning: The tract is zoned A/R/RD and all proposed lots are in excess of the two (2.0) acre minimum lot size requirement. Generally speaking, the tract is devoid of natural hazards; however, it appears that the building envelopes proposed for Lots 2 and 3 are designated across the slope and down into the drainage. Staff recommends that these envelopes be redesigned to ensure that no structures are built below the 5600 foot contour interval shown on the vicinity map. This requirement would ensure that no slopes are over -steepened and there would be no danger from a flood or debris flow through the drainage. C. Water Supply: There are a total of four wells on the property, one well has been the historic water supply for the existing residence, one well has been utilized for watering livestock and two (2) wells have been drilled to serve the proposed lots. Except for the stock well, all wells have been pump -tested for four (4) hours duration, producing between 11 and 15 gallons of water per minute, with very minimal drawdown. See pump test results, pages 1 3•ta _. The existing residence would utilize an individual well, lots 2 & 3 would share a well and lot 4 would utilize an individual well. The petitioner has made application to the Division of Water Resources to permit the wells, which must occur prior to final approval. In addition, the petitioner has made application to West Divide Water Conservancy District for water allotment contracts for both new wells., The petitioner has also submitted draft, protective covenants, which contain provisions for joint -use and operation of the well that would be shared. Based on this information, it appears that a legal and physical supply of water will exist for each of the lots. D. Soils/Sewer: The proposed method of wastewater treatment is the use of individual sewage disposal systems (ISDS). According to the Soil Conservation Service soils on-site, where development is proposed, fall into two (2) different classifications. The soil on the steeper -sloped area is classified as Ildefonso-stony loam, with a Potts loam occupying the gentler -sloped areas. When utilized for building site development and the placement of ISD systems, the Ildefonso soil has severe constraints due to slope and the presence of large stones. The Potts soil, when utilized for building site development and the placement of ISD systems, has slight to moderate constraints, respectively. E. Access: Access to Lot 1 would continue to be from the existing driveway and Lots 2, 3 and 4 would be accessed from a shared access and utility easement, located approximately 360 feet south of the existing driveway. Staff: has visited the site and evaluated both access points, and sight distances would be adequate from each. However, staff recommends that the Road and Bridge Department evaluate the access points and, if required by the Department, issue any driveway permits, prior to final approval. The shared access and utility easement should be a minimum of 30 feet in width and designated as such on an exemption plat. F. Fire Protection: The applicant has attempted to receive confirmation by the Silt Fire Protection District; however, has not been successful in these attempts. See letter, page . Staff has checked the boundary of the fire protection district and can confirm that the property is within the District's boundaries. Additionally, staff suggests the inclusion of the standard plat note addressing wildfire mitigation. G. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. H. School Site Acquisition Fees: The applicant would be required to pay the $200.00 school site acquisition fee, per lot ($600 total), for the creation of the exemption parcels, paid prior to final approval. 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. 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. V. RECOMMENDATION Staff recommends APPROVAL of the application, pursuant to 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. 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, drainage, irrigation ditches, access, utilities, etc. 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. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $600.00 in School Site Acquisition Fees, for the creation of the exemption parcel, prior to authorization of an exemption plat. C, 5. That the recording fees for the exemption pland all associated documents( be abe paid ,fw to the County Clerk and Recorder prior to the signing of an Exemption Plat by the rii_ Board of County Commissioners and a copy of the receipt be provided to therivi-n Planning Department. 6. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 7 That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted by Garfield County. 8. Prior to final approval the Division of Water Resources shall issue the appropriate well permits, which shall be submitted to the Planning Department for review. 9. The applicant shall consult with the Road and Bridge Department and shall receive any required driveway permits, prior to final approval. 10. That the proposed building envelopes for Lots 2 & 3 shall be redesigned to exclude development on the steeply -sloped and low-lying portions of these proposed lots. These building envelopes should adhere to, and be located aboveAth16.01L-ferot —contour -_int l as -designated on the U. _ ! , : • 11. That the following plat notes shall be included on the exemption plat: "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owners shall be responsible for the control of noxious weeds." "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined 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 shall 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." "There shall be no more exemptions from definition of subdivision allowed on either parcel created by this approval." 1J1 • II J' 565 5 (7 II II II 11 _II II II II II r i �C. 1,- riQeifiit • , •• ARE' \• 1/ n„ 1 1. 0 1 N+w II •• 5400 '•�•' C o •. TCH WESTERN R1 VP; 70 OO V H. 70 II 5397 APG G. W nn II II II ,• AST,—...II so°. • • 11 LL 4 Fps Lo+ 1= 3 .3 g acre 3 Lot 2: L ci aGrc S 1-0t 3 = q 1 acre, Lit 4.= 13.0o ctcre9 N89'23'49"E W 41 M„fracf :OON WELL 1311.6 SOU Lo L 414 SHE 10.75 ACRES LOT 1 N00'37'54 "W 1318.33' t,' - 7 o SHED v N -A S89'317811, 1313.06' CENTER 1/4 C+A". SEC17AN 4 M..*1 9f .00N Loi 3 SE 4NE1/4 TO AL ACREAGE 9 .264 ACRES 1 L©+ TELEPHONE VAULT TELEPHONE RISER 1r EAST 1/4 CORNER 11 SECTION 4 FOUND STONE (j) o COUNTY ROAD -ti w 1 COUNTY ROAD �588'52'S0"W 1315.80' R—O—W FENCE DRAINAGE CHANNEL SCALE 500'4328"E I 1278.70' rlifCIL4RD SE CORNER SECTION 4 BRASS CAP 1ST & GRAND TOWN OF SILT L 11012,IN SKETCH PLAN NTA_ (:S S(IROMS'/ON CXfZIP77OW State Documentary Fee $34.20 PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Allen R. Koeneke, whose address is 0404 Stagecoach Lane, Carbondale, Colorado 81623 as Personal Representative of the Estate of JOHN CONTO, also known as JOHN H. CONTO, deceased, Grantor, to ELW LAND COMPANY, INC., whose legal address is P.O. Box 10091, Aspen, Colorado 81602, of the County of Pitkin, State of Colorado; WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent and is dated January 16, 1984, which will was admitted to formal probate on February 14, 1995, by the District Court, Garfield County, Colorado, Probate No. 93 -PR -59; m m z-0 m I- mo mm � a m — v w— N 760 GI 0 as uu mom N Cif - 03m� la - 01 WHEREAS, Grantor was appointed Personal Representative of said Estate on February 14, 1995, and is now qualified and acting in said capacity; NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer, and set over unto said Grantee, for and in consideration of Three Hundred Forty Two Thousand Dollars the Real Estate described in Exhibit A, attached hereto, situate in the County of Garfield, State of Colorado, the street address of which is 0969 County Road 231, Silt, Colorado 81652, together with 200 acre feet of Silt Project Water and the Well Rights described in Well Permit - Conto #1, #7689 and Well Permit - Conto #2, #23061; With all appurtenances. Executed March 28, 1997. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. c) 0 c Allen R. Koeneke Personal Representative of the Estate of John Conto, also known as John H. Conto, deceased The foregoing instrument was acknowledged before me on March 28, 1997, by Allen R. Koeneke as Personal Representative of the Estate of John Conto, also known as John H. Conto, deceased. Witness my hand and official seal. _ rr No My commission expires: .3/y/a<6.--- RETURN TO: MASON & MORSE 801 COLORADO AVE GLENWOOD SPRINGS, CO 81601 EXHIBIT A PARCEL 1 The South 10.75 acres of Lot 1; 6th Fs1/4; NS1/4SfiI/! of Section !, Torrnshi6 r SR1 P.H.p. 6 South, Range 92 West of the COUI;TY OF GARFIELD STATP. OF COLORADO PARCEL 1I That part of t_he� the Gp t SW1/4NW1/4 of Section 3, ir�clpal Meridian, lying township 6 South of a county road as constructed est erly of the Westerly' right eof2 West of Section 3, Garfield Count place and way line Y, Colorado Bast of the West line of said described as Follows; Beginning At a Point on the West line of said and 4 (hein section 3, whence the West 1/4 � Township 6 South g the same as the 1 South 144.72Range 92 1/4 corner between sections 3 Peet; g West of the 6th Principal Meridian) bears the Westerly 9 feet along the West line right of way line of of said section 3 to theses 3. 26 degrees said road; a point oil thence S. 19'30 E. 71.55 23 degrees 29' feet along said rt ghtthence S. 14 degrees , S 208.29 feet along to of way line; thence S. g 55 R. 220.96 g said right 00 degrees 58' feet alone Said g of way line; thence S. 21 degrees 48' E. 190.27 feet along right of way Line; 9 a W. 273.61.7 said right of thence S. 10 degrees 03' feet alon way line; thence grass 12' W. 211.02 f Sr said right of way 11ne; 85 de eat along said right of way Section N. the Point of Beginning. 36.5 feet to a point on line; .9 sting, the west line of said COUNTY OF GARFIELD .STATE OF COLORADO „ 1111 11111111111111111111111111111111 111111111111 1111 506510 04/01/1997 05:00P B1014 P181 302 2 of 2 R 11.00 D 34.50 N 0.00 GARFIELD COUNTY CLE 9 - ..a M�. Hook 277 Page 322 Recorded at....1115 o'clock ._, M July 19 .1954 Reception No.196422 Recorder. THIS DEED, Made this eighteenth day of March in the year of our Lord one thousand nine hundred and Fifty—two between of the and - - Roy Dodson and L. M. Cowden — - — — County of Garfield and State of Colorado, of the first part, - -—— JohnH. Conto- of the County oP Garfield and State of Colorado, of the second part; WITNESSETIP, That the said part ies of the first part, for and in consideration of the sum of One Dollar and other good and valuable considerath6hLA to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof le hereby confessed and acknowledged, ha ve granted, bargained, Bold and con- veyed, and by these presents do grant, bargain, sell, convey and confirm unto the said part y of the second part his heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being In the County of Garfield and State of Colorado, to -wit: The South 10.75 acres of Lot One (1); The Southeast Quarter of the Northeast Quarter (SEI NE*); The Northeast Quarter of the Southeast Quarter (NEI SEI) of Section Four (4+), all in Township Six (6) South, Range Ninety-two (92) West of the Sixth Principal Meridian, together with all improvements situate thereon. Also sixty (60) shares of the capital stock of The Farmers' Irrigation Company with rights represented thereby. Reserving to the grantors, their successors and assign an tuidivided one half interest in all of the oil, gas, and other minerals and mineral rights in and under said described land, with the right to prospect for and exploit the same, and use sufficient surface therefor. No. 832. WARRANTY DERD.—Tb.Bradford- SoLlmoo it.. C. Nan,. a.Alw.nY L.YJ Bi.ob, 1814 Stout BR, Denver. Co!, Book 277 A 323 TOGETHER with nII and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, •'Inim and demand whatsoever, of the said part les of the first part either hi law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nnncesnnto — • .. — John H. Canto — — the said part ,Sr of the second part hi s heirs and assigns forever. And the said — - - Roy Dodson and L. M. Cowden — — — — part ies of the first part, for them selves t theiiheirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his Lein and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefensible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grats, bargains, sales, liens, taxes, assessments and ineumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part Yea of the first part shall and will WARRANT AND FOREVER DEPEND. • IN WITNESS WHEREOF, The said part les of the first part ha ve hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered In Presence of � [SEAL] } • , ti,ryi.Piy ../ [SEAL] [SEAL] [SEAL] STATUTORY ACENOWLEDGMENT, SESSION 1927 STATE OP COLORADO, Iss. County of 'G.errie.ld. The foregoing instrument was acknowledged before me this 18th day of March iD 52 a lly Witness my, hand and official seal. ' y eonii is on A:juices January 26 t 1955 \gyp A<<.Ih /7 1 : Nota Public. ?if:h9'nMurrf pjIA Osi e4reofe hero Inner! name or newest E by person acting In repreeentalive or oalclel eap.etty o .tternry- In•fact(;tAootr� Ineett'fi me of je*n se executor, ottorneyIn•faet, or other capacity or description; if by •nicer or corporation, then Invert namo'ot%yich.offlcer or ftipbeyti.the pennant or other oalrent of ouch corporation, naming It. �rt.i. 4'" sj•,' dit.f041,1 •.. i4N�w�1 -jn,N -.y Recorded at. 1 s 30 o' 1ttek... � lr., ... ��f�4�G i w.. ' 1.• :1 ,.. , Reception N231.129.....-- Tuts 23.1.129..,,. Tuts DEED, Made this 31st day bf Mnroh In the year of our Lord tone thousand bins hundred and Sixty-four between of theROBERT L, PRETTl and DOhOTItyy PRETT County o0 � Ioerfield and State of Colorado, of the first part, and of the JOHN CONTO County of and State of Colorado, of to second part, WITNESSETn, That the sold partie&ol the first part, for and In conelderatloh of the gum of Ton Dollars other and by i0td part indict the first parn had gold tho said patty of the second part, tho receipt whereof Is horoby ronfeesed and acknowledged,have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remiss, release, ee11, convey and QUIT CLAIM unto the gild party of the second park, hie helm, successors and assigns, fewer, all the right, title, Intent, claim and demand which the said part les of the first part ha ve In and to the following described parcel of land situate, lying and being in•the County of Garfield and State of Colorodo, to•witt That part of the 3W1N4 of Seotion 3 Township 6 South, Range 92 West of the 6th Principal Meridian, lying westerly of the westerly right of way line of a county road as constructed and in plans and east of the west line of said section 3, Garfield County, Colorado, deeoribed as follows; Beginning at a point on the West line of said eeotion 3, whence the West I-cornerof said section 3 (being the eame as the corner between sections 3 and 4, Township 6, South; Range 92, West of the 6th Prinoipal Meridian) bears South 144.72 fent; thence North 1117,69 feet along the went line of said section 3 to a point on the westerly right of way line of said road; thence S. 26°19'3011 E. 71.55 foot along said right of way line;,thenoe 9. 23°290 E. 208.29 feet along said right of way linei thence 3. 14°550 E. 220.96 feet along said right of way lines thence S. 00°580 E. 190.27 feet along said right of way line; thence 9. 21°}}8t ht, 273.61 foot along said right of way lino; thence 3. 10°031 W. 211.02 foot along said right of way line! thence N. 85°121 W. 36.5 feet to a point on the west line of said sootion 3, the point of beginning. Tho above described tract of land contains 2.79 acres more or leas. There is excepted from the above,deecribed lend any and all interest to all oil, gas and other minerals in,upon or under the above descri land owned by the grantoie herein.' TO !MVR AND TO nun the some, together with all and singular the Ippurtences and privileges thereunto belonging or In onywleo thereunto appertaining, and all the estate, right, Ude, Interest and claim whatsoever, of the geld part les 01 the first part, either In law or tautly, to the only proper use, benefit and behoof of the said part y of the second part, his heirs and aelgne forever. • IN WITNESS WHEREOF, The sold part les of the fleet Dere he ve hereunto set their hand s and Seal s the day and year fleet above written. Signed, Sealed and bellvered lathe Presence of " " ` C. [SEAL] ...SIP C.,.,s llit [SEAL] [SEAL] STATE OP COLORADO, (SEAL] County of Garfield �ee, The foregoing Instrument was acknowledged before me this f 31st A. D. 10 64 , by Robert 2, Pretti and Dorothy 0, • Pratti M eemm[oeloh brpfrea ,19 y h , Witness m ltd 1 rod and official cost.• Note, rubel,. Yk pt 1qQk '' e err^' 9199e9199e. f g No. MM. Quer cGliii lien. —b i • , r _. _ itrl , ' .. eigo ttioa befif it ie 7i�ir�orl`r': P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Ms. Sheila Wills P.O. 10091 Aspen, CO 81612 Z4NCANELL4 4140 4550C14 TES, INC. ENGINEERING CONSULTANTS August 11, 1997 Re: Conto Ranch Property - Wells Pump Test (Wills Exemption) Dear Ms. Wills: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has completed pump tests on the wells located on your Conto Ranch Property. The purpose of these tests were to determine if the wells have sufficient yield to supply up to 3 additional residences for the proposed exempt subdivision of the property. Historically there are two wells on the property; the house well and the stock well. Both the house well and the stock well were pump tested on February 17, 1997. The house well is located in the NE'/4 of the NE'/4 of Section 4, Township 6 South, Range 92 West of the 6th P.M. The well can be plotted 1065 feet from the North section line and 203 feet from the East section line. The stock well is located in the SEA of the NE'/4 of Section 4, Township 6 South, Range 92 West of the 6th P.M. This well can be plotted 1740 feet from the North section line and 1283 feet from the East section line. The location of both wells and property are shown on the attached site map (Figure 1). Conto House Well The depth of the house well was reported in the well permit to be 137 feet; we measured the well to be 133 feet from ground level to the bottom of the well. It could be that some fill has accumulated in the bottom of the well. The level of the existing pump was not measured. The current static water level was measured at 112.3 feet below the top of the casing. At the current water level there is approximately 20.7 feet of available drawdown in the well (133 feet - 112.3 feet). The house well was tested at a pumping rate of approximately 11 gallons per minute (gpm) and was pumped continuously for a period of approximately 4 hours. Drawdown and time data that was collected during the test are presented in attached Appendix A, Table 1 a. Page 1 -13- We also plotted the drawdown vs. time data in the form of a graphical curve for the house well. The drawdown curve is illustrated on the attached Figure 3a As can be seen from Table 1 a and Figure 3a, the well drawdown was approximately 0.17 feet in the first hour of testing and then increased to 0.25 feet by the end of the test at 235 minutes of pumping. When pumped, the well stabilized (remained at a fixed level) approximately 0.17 feet of drawdown throughout the majority of the test. The pumping level at a rate of 11 gpm stayed well above the pump intake during the pumping test and only utilized approximately 1.2% of the available drawdown (0.25 feet /20.7 feet). Based on the current hydrologic conditions it appears that the house well can be pumped at a rate of 11 gpm and remain above the pump intake. February should have been near the lowest water table conditions of the year. Recovery data (water levels) was collected for a 70 minute period after pumping was terminated. The recovery data is presented in Table 2a. The recovery plotted as residual drawdown is shown in Figure 4a. The well had recovered to within 0.02 feet of the original static water level within 7 minutes of stopping the pump. Based on the residual drawdown curve, the well displayed positive recharge characteristics, which means that the well recharged at a rate faster than the rate at which it was pumped. Stock Well Zancanella and Associates, Inc. also inspected and preformed some preliminary testing of the stock well located in the draw west of the ranch house on February 17, 1997. The depth of the stock well is reported in the well permit to be 130 feet deep. Attempts to measure the depth of the well resulted in entanglement of the well probe, therefore an accurate well depth could not be obtained. The well was located near the bottom of an existing coral and as such was in a poor location to be converted to a domestic well. Therefore two new wells were constructed and tested to serve the propose new lots. Summaries of the well construction details and the well test are attached to this report as separate appendices so that the test results of each well can be made available to perspective lot purchasers without confusion. Wills Wells 18,2 Wills Wells 1&2 were developed to serve the three new Tots created by the Wills Exemption. It is proposed that the existing ranch house will be served by the existing well. Lots 2&3 will be supplied from the Wills Well #2 and lot 4 will receive its supply from Wills Well #1. The Wills Well #1 was tested on June 26, 1997 at a pumping rate of 15 gpm . The well was pumped continuously four a 4 hour period. The maximum drawdown in the well was 0.4 feet . The Wills Well #2 was tested on June 23, 1997 and was also tested at a pumping rate of 15 gpm continuously four a 4 hour period. The maximum drawdown in Well #2 was observed to be 1.08 feet. Page 2 It is our opinion that all three of the wells (Conto House Well, Wills Well #1 and Wills Well #2) that are proposed to serve the Wills Exemption are located in the same aquifer. Both of the new wells were pumped at 15 gallons per minute with little drawdown of the water level in the well. The pump test data is documented in Appendix B&C for your files. Water quality samples were taken and analyzed at an independent laboratory for potability (total coliform bacteria) and nitrates. Both of these parameters passed the Colorado Department of Health standards for all three of the wells. We have included the results of the laboratory test for all three wells in there respective appendices. Conclusions The attached Table 1 presents the estimated water diversion requirements for the proposed maximum 4 residential unit development. We have assumed that each residential unit will have 3.5 people, each using 100 gallons per person per day. The irrigated lawn and garden area for each unit was estimated to be 2500 ft 2 for a total area of 0.23 acres. The irrigation consumption requirement was estimated to be 0.52 acre-feet and is distributed over the growing season based on plant demands. We have estimated livestock use at 3 animals per lot, each using 15 gallons per day for a total of 0.15 acre- feet/acre. The irrigation application efficiency was assumed to be 70% resulting in a diversion requirement 0.74 acre-feet/acre. Based on the above assumptions, the peak diversion month would occur in July with a demand of 0.31 acre-feet or 2.3 gallons per minute of continuous flow. The annual diversion requirement is 2.51 acre-feet. The estimated annual water consumption requirement is 0.96 acre-feet, with 0.24 acre-feet attributable to "in house" uses and 0.72 acre-feet from irrigation and livestock. Under current Garfield County regulations, a minimum supply from a well must be 350 gallons per day per residence for an exempt subdivision. The results of the pump test indicate that each of the three well are capable of suppling the needs of the entire four lot's minimum requirements. We recommend that a storage system with approximately 2000 gallons be installed for the two lots that will share the Wills Well #2 to provide a system buffer if the pump fails and to provide for peak demand uses. It is our opinion, based on the existing hydrogeologic conditions, that with proper storage the wells will be capable of serving the development's average domestic, livestock and irrigation needs. During periods of low recharge (like a 1977 dry year), irrigation from the well at the proposed development might require curtailment if seasonal recharge volumes are low. The Conto House Well and the Stock Well are currently permitted as exempt wells registered with the Division of Water Resources under Permit No. 7689 and Permit No. Page 3 23061. An exempt well on a parcel of land greater than 35 acres is limited to serving up to three single-family residences and the irrigation of one acre. Your wells also have a water court decree 79CW161. Additional units may be served by these well or wells through a West Divide contract. We recommend that you obtain a west Divide contract to serve all four of the Tots. You may initially operate under the existing West Divide Substitute which has been approved by the Colorado Division of water resources and Garfield County. However we recommend that you obtain a water court approved augmentation plan as soon as possible. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. "FiCts-,4445 -,a,4zectite.(/14 Thomas A. Zancanella, P.E. President cc: Sherry Caloia L:\974021W ELRPTa.wpd Page 4 1ti E?S'T`1 1 ///»--' /41 (e vi 4 g,,, vti-CsS 14rr24/ 1.1 rT v� Cj v 4e13Fs TjLA,1 .4; kr-e- 144-41-44 Bias ND S /et' v L -74l r Z, A 7"Lo e, f -c r3 LC - /4"14,...1 -1 5 BMJ' S 6 V)06Y-Z, ( (� Li/' TL C\16"-TcAA-r-)v am J) 0, t -6a4 !/,4fL�t/.vL 6(IiC%L-.11i/i i.-m/(,tet [ �� - _ "rf V6-4/11 Ft -6 St1 Y^'1b,. -.a� , G 08..-) 7;7,47Ga-- A 5 S -Co CPL. Z 3 1' � S� 14 7 rQLs'TA La.. NL yL.�►rt.0 o1_, ✓ESA 5:42F/ L. IA L. © / —t b..—' ✓/ i L r S t'Y+-✓'� 4.t L* (mss ✓t'e, -' 4 J JOB NAME: JOB # LOCATION: SHEET OF SALESMAN: BY DATE: 111111111111 IIIHI 1111 1111111 111111131111111111 528541 07/13/1998 02:41P 81077 P549 M ALSDORF 1 of 6 R 31.00 0 0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS THE ELW WILLS EXEMPTION (Garfield County, Colorado) THIS DECLARATION OF COVENANTS is made this $W day of\J 1) , 1998, by ELW Land Company Inc., a Colorado Corporation (hereinafter "Declarant"), ()Avner of the property deserihed helm (hereinafter_ "ELW"); WITNESSETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described as Lots 1, 2, 3 and 4, Wills Exemption, final plat document dated 0'1-13-9 , recorded as Reception No. 5,25 V'2 f the Garfield County Clerk and Recorder (hereinafter the Property or individually as Lot ); and WHEREAS, Well Permit No. 7689, well herein designated as the House Well is to be the source of water for use on Lot 1 and Lot 1 is to be the sole owner and user of the House Well; and - WHEREAS, Well Permit No. 049796, well herein designated as the Wills Well No. 2 (hereinafter "Well No. 2"), is the source of water for Lots 2 and 3, the joint use by Lots 2 and 3, and access to and use of said well across Lot 2 for the benefit of Lot 3 must be established; and WHEREAS, Well permit No. 209312, well herein designated as Wills Well No. 1 (hereinafter Well No. 1) will be the source of water for Lot No. 4; and NOW, THEREFORE, Declarant hereby declares that the Wells shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property, the Well and be binding on and inure to the benefit of any and all parties having any right, title, or interest in each Well or any part thereof, their heirs, successors, and assigns. 1. Water Supply for Lot 1. The water supply for Lot 1 within the Subdivision is the House Well, operated pursuant to Well Permit No. 7689, issued by the State Engineer and the decree entered in 79CW161. The owners of Lot 1 shall be the owner of the House Well as it is permitted. Lot 1 shall be solely responsible to meet all obligations set forth on the well permit. 2. Water Supply for Lot 4. The source of water for Lot 4 shall be Well No. 1, Well Permit No. 209312. The owner of Lot 4 shall be the sole owner of this well and its working as well as Permit No. 209312. 3. Water Supply for Lots 2 and 3. The source of water supply for Lots 2 and 3 is Well No. 2, operated pursuant to Well Permit No. 049796, issued by the State Engineer, and ELW-Dec of Covenants -1 1111111 IIIII 111111 1111 IIIII 1111111 1111 111 11111 1111 1111 528541 07/13/1998 02:41P 61077 P550 M ALSDORF 2 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO pursuant to a contract with the WDWCD. Well No. 2 diversions may not exceed 15 gallons per minute, and may be used only for household purposes for two residences per lot, fire protection, and for the irrigation of home gardens and lawns. A. Easements. Lot 3 and all tenants that lease Lot 3 shall have an easement over Lot 2, 30 feet in width up to and surrounding Well No. 2 and all pump houses, pipelines, storage tank and other workings, of the purpose of access to Well No. 2, as shown on the plat and the owner of Lot 3 shall have free and unrestricted access to Well No. 2, pump, common pipeline valves, and all workings shared in common located on Lot 2. In the event that Lot 2 decides to lock the gate/well house for security purposes, Lot 3 owners and tenants shall be immediately provided with a key and shall not be restricted from accessing the well/pump and workings. The easements shall be for the benefit of Lot 3 sufficient to give force to the provisions of this Declaration, including use of the easement for the maintenance, operation, repair, replacement and improvement of Well No. 2, pump, pipelines, storage tank, appurtenant facilities and water lines as shared in common between the two lots, as shown on the final plat of for facilities as located and/or as are in place. B. Ownership. Well No. 2 and all its appurtenant facilities shall be owned by the Lot owners of Lots 2 and 3. Lot owners of Lots 2 and 3 shall own an undivided one- half (1/2) interest in Well No. 2 and its well permit, pump, and any appurtenant facilities to be used in common by both Lots. The permit shall be put in the name of the owner of Lot 2, as it may change from time to time, and such owner shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be designated as the lot owner to receive all mail and documentation and shall promptly without delay provide copies to the owners of Lot 3. C. Use. In-house use of the water from Well No. 2 shall take precedence over outside lawn and garden irrigation. In the event of shortage, lot owners shall cooperate and shall reduce their uses accordingly to conserve water in times when the Well may not produce adequate amounts, subject to the requirement of paragraph V to install storage. D. Ownership and Maintenance of Well and Water Facilities for Well No. 2. The lot owners of Lots 2 and 3 shall be the joint owners, each owning an undivided one- half interest, in Well No. 2, its pumps, and any appurtenant facilities which are used or capable of use in common by the lots and the WDWCD contract. Each lot owner's interest shall be appurtenant to their lot, and may not be transferred apart from the lot. The two lot owners shall be solely responsible for the well, and to operate, maintain, repair, replace, and improve the Wells, pumps, and any other appurtenant facilities for their mutual benefit. E. Cost of Water Facilities for Lots 2 and 3. The owner(s) of Lots 2 and 3 shall be entitled to each use one-half of the water from Well No. 2. The withdrawal of water from Well No. 2 shall be for uses as permitted by the State. Each lot owner using Well No. 2 shall share the costs of maintenance, operation, electricity, repair, and ELW-Dec of Covenants- 1 -2- 1 111111 11111 111111 111111111I11111I 11111 III VIII 1111 1H1 532of41 0 R731.009D802:41P B1077 0.00 GARFIELD P551 M COUNTYaCODORF replacement of the well, pumps, and appurtenant facilities and the costs of common water lines or other common water facilities, equally. However, if one lot is not hooked onto the well or is hooked on but has not yet commenced service, no electricity costs associated with the daily use of the well shall be assessed against such owner except for the costs of the WDWCD contract and any major repair and replacement costs or legal or permitting costs that may be incurred that will benefit said non -using lot owner. F. Other Expenses. The lot owners shall cooperate for the purpose of completing and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event that the pumping rate of the well becomes inadequate to meet the daily in-house demands of both lots, the lot owners shall purchase and install a storage tank of a mutually agreeable size, but in no event smaller than 1500 gallons, in a mutually agreeable location that can service both Lots 2 and 3. Should any lot owner install or improve the well, pump or pipeline, that lot owner shall be entitled to reimbursement of one-half of the expenses for items that will be used in common when the other lot owner either hooks on to the well or commences service and benefits from said improvements. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners using that Well in writing, with a description of the work and the estimated cost thereof. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' share of the costs. The other lot owner shall make payment as set forth in paragraph 3H, below. G. West Divide Water Conservancy District Contract. Declarant has entered into Water Allotment Contracts with the West Divide Water Conservancy District (hereinafter "the Contract") for water to augment depletions from Well No. 2. The Contract for the benefit of Lots 2 and 3 shall be assigned to the lot owners of Lots 2 and 3 and each shall be responsible for one-half all obligations under the Contract. Such obligations shall be deemed a common expense regardless of whether a lot owner is using Well No. 2. The Contract shall be assigned to the owner of Lots 2 and 3 pursuant to the terms of the Contract, as the owner may change from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be designated as the lot owner to receive all mail and documentation and shall promptly without delay provide copies to the owner of Lot No. 3. Payments due under the Contract shall be made as set forth in Paragraph G, below. H. Payment of Common Expense. Each of lot owners of Lots 2 and 3 shall pay its share of common expenses within 15 days from the time a written statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 30 days of presentment, interest on the unpaid amount shall accrue at 18 percent per annum, beginning 30 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for ELW-Dec of Covenants -1 -3- 1 111111VIII 111N11111111111111111111111N VIII 11111111 528541 07/13/1998 02:41P B1077 P552 M ALSDORF 4 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO payment, water service to the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant owner by certified mail and 30 days notice of termination given. Further, the lot owner that has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 1. Abandonment. In the event that the lot owner of Lot 3 decides to use another well or to drill a new well on his own lot for all or a portion of uses on his lot, he may abandon all or a portion of his claim to Well No. 2. In the event of such partial abandonment, the cost of maintenance, repair, replacement and operation shall be reduced accordingly. In the event of full abandonment of all claims and use of either or both of the Wells by the owners of the Tots on which the subject Well does not sit, which abandonment must be in writing, signed and notarized by the then lot owner, this Declaration shall be voided and shall be of no further force of effect. J. Use of Water; No Waste. Depending on the available supply of water, Lots 2 and 3 within the Subdivision are entitled to irrigate up to and no more than 2,500 square feet of lawns and gardens each. Domestic, in-house uses shall take precedence over irrigation use, and no outside use shall be allowed if any in-house domestic needs not met. The lot owners may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Wells shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Lot owners of Lots 2 and 3 shall use no more than an equal proportionate share of water or 1/2 share each of the water physically available from Well No. 2. 4. Roadway/Driveway Easement. Lot 4 of the Subdivision is and shall be subject to perpetual and nonexclusive easement for a driveway and utility placement no less than 25' in width over and across Lot 4 as shown on the final plat for the benefit of Lots 2 and 3, including use for the maintenance, operation, repair, replacement and improvement of the driveway and installation of underground and above ground utilities. The lot owners of Lots 2 and 3 shall be solely responsible to install, maintain and repair said driveway and shall share equally in all expenses therefor, including but not limited to snowplowing, resurfacing and/or regraveling, and fillingpotholes. In -the -event that one lot owner deems it necessary to- install -the - driveway he may do so at his sole option and request reimbursement of one-half of the cost from the other lot owner. He shall be entitled to use the same procedures as set forth in paragraph 3H for the collection of monies spent and has the same remedies available except that access shall not be denied. Both lot owners shall be required to participate in the installation and maintenance of the driveway including snowplowing regardless of occupancy of the property. Nothing herein shall obligate any lot owner to pay the cost of paving the surface unless paving is required by the County. 5. 600 -foot Spacing. All lot owners herein waive their right to oppose the drilling or E LW -Dec of Covenants -1 1 -4- 111111111111111111111111111111111111111111II111111111 528541 07/13/1998 02:41P B1077 P553 M ALSDORF 5 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO use of a new or existing well by any other lot owner on the basis that such well is within 600 feet of their Well. 6. Resuhdivision. The lot owners of Lots 1, 2 and 3 agree that they will not object to the resubdivision of Lot 4 into additional lots. Lot 4 may be subdivided further by the owner either through exemption, subdivision or other split of land. 6. Covenants to Run. The terms and conditions herein set forth in this Agreement shall run with the property constituting the Subdivision, and shall bind the parties, his successors, and assigns. All parties claiming by, through, or under the parties shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding -on -the parties -or any other persons except in respect to breaches committed during his or their seisin of, or title to said land. 7. Enforcement of Agreement. This Agreement may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this Agreement. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 8. Amendment of Covenants. This Agreement may be sooner amended by the written consent of the holders of the majority of the land affected by this Agreement; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by the holders of the majority of the land is recorded in the Office of the Garfield County Clerk and Recorder. For this purpose, the holders of the majority of the land shall mean the owners of at least 51 percent of the total area covered by Lots 1, 2, 3 and 4. 9. Severability. Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. 10. Enjoyment of the Property. The lot owners shall be entitled to the quiet enjoyment of their property and shall respect the peace of the other party. Both parties agree to refrain from any activity that may constitute a nuisance to the other party. Entered into on the day and year first written above. ELW-Dec of Covenants -I ELW Land Company Inc., a Colorado Corp. By -5- e►laWills, President 111110 11111 111111 1111 11111 1111111 111 111 11111 11111111 528541 07/13/1998 02:41P 81077 P554 M ALSDORF 8 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this 13r1 -1 -clay of 1997, by Sheila Wills, President, ELW Land Company Inc., a Colorado Corp ton. WITNESS my hand and official seal. Ion a tpin k My Commission expires: rpt, 1999 ELW-Dec of Covenants -1 -6- November 24, 1997 Garfield County Building and Planning Department 109 3th Street, Suite303 Glenwood Springs, Colorado 81 601 Re: ELW Land Company purposed subdivision to 2 1997 After receiving for comment a notice of purposed subdivision by ELW Land Company of the old "John Conto" place northwest of Silt, I would like to voice my opposition. After reviewing the sketch plan I note 2 lots are noted as "lot 1". Is "lot 2" 7.912 acres, or 10.75 acres? On the west end of lots 1 (or 2), and 3, an area is blocked out and noted as "Building Env". I don't know what that means, but topography certainly does not lend its self to a building site, since the west facing slope drops sharply into the creek bottom, being the location of the old feed lot. Has any thought been given to the deer population that exists in the length of this creek bottom? Building in this drainage will pressure this local herd even more. When we came to this area 26 years ago, it was a rural, agricultural area. Since then it has gradually been divided into smaller and smaller acreages, allowing the dog and weed populations to grow out of hand. With the recent annexations of subdivisions by the town of Silt, are further subdivisions necessary or desirable? Sincerely, )0J1 -k James C. Roark 6303 County Road 233 Silt, Colorado GARFIELD Go UNT Y Building and Planning Department 21 November, 1997 Mr. Sean Mello, Captain Silt Fire Protection District P.O. Box 70 Silt, CO 81652 RE: ELW Land Company (Wills) Subdivision Exemption Application Section 3 & 4, T6S, R92W of the 6th P.M. a.k.a. 0969 County Road 231 Dear Sean, Pursuant to Garfield County regulations, we must receive confirmation that the above-described property is within a fire protection district and that the district will serve the property. Ms. Wills has requested that I attempt to receive this certification as apparently her attempts have been unsuccessful. If you can provide this certification, please do so at your earliest opportunity. I have enclosed a few items of information for review; if you care to offer any comments or suggest conditions of approval, please do so. If I may be of assistance to you, please do not hesitate to contact this office. Thank you, Eric D. McCafferty Senior Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 SHERRY A CALOIA CALOIA & HOUPT, PC 1204 GRAND AVE GLENWOOD SPRINGS, CO 81601 Dear Ms. Caloia: April 29, 1998 0 117 �Ll1 MAY 41998 1 CALncA R H+li 7c RE: Application Receipt #422038-B; ELW Land Company, Conto Well #1 Roy Romer Governor lames S. Lochhead Executive Director Hal D. Simpson State Engineer Pursuant to the above referenced well permit application and subsequent correspondence from you dated March 27, 1998, this letter shall confirm that the existing well, Conto Well No. 1, can continue to be used for its historic purposes on Lot 1 of the proposed Wills Subdivision Exemption, Garfield County (as described on the sketch plan map you submitted on March 30, 1998). Our records indicate that permit no. 7689 was issued for the Conto Well No. 1 on January 6, 1961 for domestic purposes. An absolute water right for 0.022 cfs for household, yard and garden irrigation and livestock water was decreed for this well in case no. 79CW161. In order to keep the permit file up to date; it is recommended that a change in ownership form (enclosed) be submitted for this permit. The well location (including distances from section lines) should be included on the form to correctly identify the location of the well. Pursuant to your request, the application you submitted to obtain a new well permit pursuant to a water allotment contract from the West Divide Water Conservancy District is withdrawn. Thank you for your cooperation. If you have any questions, please contact Jeff Deatherage of this office and reference this letter and the above receipt number. CML/JD Enclosures) auletter.doc Sincerely, Craig Li Professional Engineer II