HomeMy WebLinkAbout1.0 Application11F,FORN '111F 110ARD OF COUNTY COMMISSIONERS OF
GAT? FIELD COUN'T'Y, COLORADO
1_'!x'1' LLl ON_P O ILEXEN1
Pursuant to C.R.S. (1973) Section 30-282101 (10) (a) - (d) as amended, and the
Subdivision Regulations or Garlield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned Jack T. Evans, Jr. respectfully petitions
the Board of County Commissioners of -Garfield County, Colorado, to exempt by Resolution
the division of 43 .7 5 acre tract of land into 3 tracts of approximately _
3.75, 20 , 20 acres each, more or Tess, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons slated below:
Please see attached letter.
SUBMI'1'1AL REQUIREM NNTS:
An application which satisfies the review criteria must be submitted with all the following
information:
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 0 public right -or -way, and any proposed easements for drainage, irrigation,
access or utilities;
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 0 copy of U.S.G.S. quadrangle map may be used.
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 or record of land immediately adjoining and
within 200 feet or the proposed exemption, mineral owners a nd lessees of mineral
owners of record of llle property to be exempted, and tenants of any structure
proposed for conversion; and
l 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 hre protection plan from
appropriate lire district; and
G. II connection to 0 community of municipal water or sewel'system is proposed,
a letter from the governing body stating a willingness to serve; and
11. Narrative explaining why exemption is being requested; and
1. 11 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 I, 1973.
J. A $300.00 fee must be submitted with the application.
eri'etitionerJack ans, Jr.
48 Morning St.r Dr.
Mailing Address
Parachute, CO 81635
City State
(970) 285-9104
Telephone Number
EXE_M P_"I,ION
APPLICABILITY
Y
The Board of County Commissioners has the discretionary power to exempt a division of laid
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impairordefeat the stated purpose
of the Subdivision Regulations nor he detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with (he requirements of these regulations.
Following 0 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 8:6() of the Subdivision Regulations.
A. No more than a total ()flour (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, at the discretion of
the Board, not he considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
l3. All Garfield County zoning requirements ,vitt be met; and
C. All lots created will have legal access 10 a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and 0 suitable type of sewage disposal to
serve each proposed lot; and
l;. All stale and local environmental health and safety requirements have been met or are
in the process of being met; and
17. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate lire district; and
11. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
1. School fees, taxes and special assessments have been paid.
(The School Impact Fee is 1:200.00 for each new lot created).
PROCFDURFS
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Departnrentofl)evelopmenl/Planning Division. Two (2)copies ofthe
application maps and supplemental information shall be submitted.
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483719 B-954 P-472 09/29/95 04:09P PG 1 OF 2
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER
QUIT CLAIM DEED
THIS DEED , Made this day of September 28, 1995
between
JACK T. EVANS, JR. AND BILLIE G. BURCHFIELD—EVANS
of the
REC DOC NOT
11.00
County of GARFIELD and State of
Colorado of the firstart, and
JACK 'f'. EVANS, J.
REO DER' 8 STAMP
whose legal address is 48 MORNING S'T'AR DRIVE, PARACHUTE, CO 81635
of the County of GARFIELD and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of $10.00
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
to the said part(ies) of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is here-
by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise,
release, sell, convey and QUIT CLAIM unto the said part(ies) of the second part, (their) heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which is said part(ies) of the first part ha(s) in and to the
following described lot or parcel of land situate, lying and being in the County of GARFIELD
and State of Colorado to wit:
SEE EXHIBIT "A'( ATTACHED HERETO AND MADE A PART HEREOF:
also known as street and number VACANT LAND
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or
in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part(ies)
of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part(ies) of the second
part, (their) heirs and assigns forever.
IN WITNESS WHEREOF, The said part(ies) of the first part ha(s) hereunto set their hand and seal the day and
year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORAD i/r1
County of ell
The foregoing instrument was acknowledged before me this day ofSept2Tilber' 28, 1995
,i,4c,„ T E— ,
My conmission.expir•es,,
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVE:•#400' -',
•
DENVER, COLOR* `80206. T '
,19 .Witness my hand and official seal.
(SEAL)
(SEAL)
(SEAL)
Notary P
COMPUTER QUTT"CLAIM DEED JACK T. EVANS, JR.
Escrow # GW220178 Title# GW220178. 48 MORNING STAR DRIVE
PARACHUTE, CO 81635
Ili
-48.3719 B-954 P-473 09/29/95 04:09P PG 2 OF 2
EXHIBIT A
ALL OF THE NW1/4 OF THE NW1/4 OF SECTION 10 AND A PORTION OF
THE SW1/4 OF THE NW1/4 OF SECTION 10, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1316.52 FEET BEARING S. 89 DEGREES 19' 35" E. TO A
BROKEN, CHISELED LAVA STONE WITH A SCRIBED "X" ON THE NORTH
SIDE AND "1/16" SCRIBED ON THE SOUTH SIDE, AS DEPICTED ON THE
MORRISANIA MESA MAP AND ACCEPTED AS THE NE CORNER OF THE
NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1320.42 FEET BEARING S. 00 DEGREES 02' 30" W. TO THE
SOUTHEAST CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 250.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 456.00 FEET BEARING S. 00 DEGREES 02' 30" W. TO A
REBAR AND CAP L.S.
THENCE 169.00 FEET
REBAR AND CAP L.S.
THENCE 360.71 FEET
REBAR AND CAP L.S.
THENCE 217.00 FEET
REBAR AND CAP L.S.
THENCE 631.76 FEET
5933;
BEARING N. 89 DEGREES 26' 34" W. TO A
5933;
BEARING N. 47 DEGREES 56' 42" W. TO A
5933;
BEARING N. 00 DEGREES 02' 30" E. TO A
5933;
BEARING N. 89 DEGREES 26' 34" W. TO A
BRASS CAP FOUND WITH NO INSCRIPTION --ASSUMED TO BE THE SW
CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1323.07 FEET BEARING N. 00 DEGREES 08' 23" E. TO THE
POINT OF BEGINNING, ALL IN SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
483717 B-954 P-465 09/29/9: 04:08P PG 1 OF 2
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11,00 7.00
FILING STAMP
REC DOC NOT
THIS DEED , Made this day of Sir 28, 1995
between
HUGH PFOBT AND JE NNIE E. PPC?ST ESTATE TRUST
of the County of
Colorado, of the first part, and
JACK T. EVANS, JR. AND BILLIE G. BURCHFIELD—EVANS
and State of
whose legal address is 48 MICRNINC4 STAR DRIVE
PARACHUTE, CO 81635
of the County of '.ihRFIELD and State of Colorado, of the second part**� 70, 000.00 )
WITNESSETH, That the said party of '.he first part, for and in consideration of the sum of
SEVENTY THOUSAND DOLLARS AND 00/100THS
ideratioo to the said party of the first part in hand paid by the said parties of the
is her, y confessed and acknowledged, has granted, bargained, sold and conveyed, and by
in, sel'., convey and confirm unto the said parties of the second part, their heirs and
in comm but in joint te_na^n�c_Y, all the following described lot or parcel
County of GARFIELD and State of Colorado, to wit:
and other good and valuable cons
second part, the receipt whereof
these presents does grant, barge
assigns forever, not in tenancy
lying and being in the
SEE EXHIBIT "A" ATTACHED NEP' = AND ?ADE A PART HE1 F :
also known as street number VACANT
TOGETHER with all and singular the
the reversion and reversions, remainder
interest, claim and demand whatsoever o
above bargained premises, with the here
TO HAVE AND TO HOLD the said premi
the second part, their heirs and assign:
and administrators, does covenant, gran
and assigns, that at the time of the en
conveyed, as of good, sure, perfect, ab-
right,
bright, full power and lawful authority
that the same are free and clear from a
encumbrances of whatever kind or nature
EXCEPT GENERAL 'TAXES AND AST
SUBJECT TO EASEMENTS, RESER1
RE CRD, IF ANY;
and the aboved bargained premises in the
them, their assigns and the heirs and a
or to claim the whole or any part there
singular number shall include the plura
genders.
IN WITNESS WHEREOF, the said party
written.
of lana,
,ereditaments and appurtenances thereto belonging, or in anywise appertaining, and
and remainders, rents, issues and profits thereof; and all the estate, right, title
the said party of the first part, either in law or equity,of, in and to the
taments and appurtenances.
!s above bargained and described, with the appurtenances, unto the said parties o.
forever. And the said party of the first part, for himself, his heirs, executor,
bargain and agree to and with the said parties of the second part, their heirs
paling and delivery of these presents, he is well seized of the premises above
elute and indefeasible estate of inheritance, in law, in fee simple, and has goo,i
grant, bargain, sell and convey the same in manner and form as aforesaid, and
former and other grants, bargains, sales, liens, taxes, assessments and
:oever•`
aSSIMirS RIR IIEE YEAR 1995 AND SUBSEQUENT' YEARS APID
NTT ONS , RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF
quiet and peaceable possession of said parties of the second part, the survivor of
signs of such survivor, against all and every person or persons lawfully claimin,;
the said party of the first part shall and will WARRANT AND FOREVER DEFEND. -h,-
the plural the singular, and the use of any gender shall be applicable to all
of the first part has hereunto set his hand and seal the day and year first above
Signed, Sealed and Delivered in the Prence of
STATE OF COLORADO
County of
GARFIELD. ss.
The foregoing instrument
a
(SEAL)
HUCE1 PFOBT AND JENNIE E. PFOUI' F3I'ATE TRUST
)(—Z (SEAL)
was acknoi4ledged before me this day ofB ptbai 28, 1995
by GLENN ALLEN PFOBT, TRUSTVE FOR HUGH PFOBT AND JE IE E. PFOBT ESTATE TRUST
My commission expires )
3/`'
,..Witness'my,hand and official seal.
(AA.,(
(SEAL)
Notary P
Form WDJT WARRANTY DEED - To Joint Tenants
GW220178.220178 GW220178
JACK T. EVANS, JR AND
BILLIE G. BURCHFIELD-EVANS
48 MORNING STAR DRIVE
„PARACHUTE, CO 81635
WARRANTY DEED
THIS DEED, made this P:.1—day of due, 1970, between
Hugh Pfost and Jennie E. Pfost, Grantors, of the County of Adams
and State of Colorado, and Leonard Pfost of the City of Sterling,
County of Loudoun, State of Virginia, as Trustee. Grantors irre-
vocably give and convey to the Trustee, his successors, and the
,beneficiaries under the Trust Agreement of Ilugh Pfost and Jennie E.
'Pfost dated 22., 1970, all the following described parcels of
land, situate, lying and being in the County of Garfield and State
of Colorado, as more fully described in the attached.
Together with all and singular the hereditaments and
appurtenances thereto 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, claim and demand whatsoever of the said Grantors, either
law or equity, of, in and to the above conveyed premises, with
the hereditaments and appurtenances and water and mineral rights.
To have and to hold IN TRUST NEVERTHELESS, for the
fourteen grandchildren of the Grantors.
In witness whereof, the Grantors have set their hands
/9vv1t
and seals this „7, -----day of -444+1,e, 1970.
STATE OF COLORADO
SS.
COUNTY OF ADAMS
OI�G�
HUGH PF
IE E. 947/ PFO 6,
24-cz
J ST
The foregoin instrument was acknowledged before me this
/ds'
2Z dayof
, A.D. 1970, by Hugh Pfost and Jennie E. Pfost.
My commission expires
My Commisslcn ev,irc3 f):,. 1, , 72'3
Witness my hand and official seal.
Notary Public
Book 352
Page 526
23,24, 25, 55, and the East
Tracts 5, 6, 7, 11, 12,portions of Tracts 28
3 acres of Tract 29, and those p
and 29 not previously conveyed by the Morrisania to the recorded Fruit
and Land Company, all according
plat
of MORRISANIA RANCH, together with 124 shares of
the capital stock of the Morrisania Water Supply Company
and together with all other w eabove t er andaands,rights
or any part
g
with or appertaining to th
thereof, together with the right to
27nsapdcplace pipe under -
a cistern in
the Southeast corner of Tract N
ground to Tract No. 25, and the right of passage to said
cistern at any time and all times.
All of the Northwest Quarter of the Nobe westNortQwest era and
that part of the Southwest Quarter ofpoint 687 feet West
of its Northeast corner; thence described as follows: Beginning ie South 217 feet; thence South-
easterly 363 feet to a point 419 feet West of the East line
of said Southwest Quarter of the Northwest
ttQuartet r ander
4566 feet South of the North line of saidpointo a
of the Northwest Quarter; Jillardce Eamast 169 es landfeet 250 tfeet West
on the West line of the
of the East line of said Southwest Qh line of said Southwesttst _
Quarter; thence North to the Nor
Quarter of the Northwest Quarter;
thence West to the point
of beginning, said part containing about 3 3/4 acres, all
in Section 10, Township 7 South, Range 95 West of the Sixth
Principal Meridian.
The Northeast Quarter of the Southeast
off Quarter Sixh of
PSecip 1
tion
4, Township 7 South, Range 95 W
Meridian.
The West Half of the Northwest
Quarterf the S95tWeSttof
Quarter of Section 3, Township 7South, Range
the Sixth Principal Meridian, EXCEPT about 9 acres1�on-
41
veyed to Willard Eames by deed dated September 6,
and described as beginning at the Southwest
the Southwest Quarter
e
East Half of the Northwest Quarter
of said Section 3; thence a little West of North to a point
in the bottom of the gulch about 25et Westhe of ath largene spring,
which is located about 75 feet Souththence due North to the
Southwest Quarter of said Section 3;
North line of said Southwest Quarter; thence East to the
Northwest corner of said East Half of the Northwest Quarter
of the Southwest Quarter; thence South to the point of beginning,
together with the right to have the overflow and drainage
from said spring follow its present natural course down said
gulch, as was reserved by said deed to Willard Eames, to-
gether with all water and ditch rights belonging with or
appertaining to all of the above said lands, or any part thereof,
This description is attached to and forms a part of the Warranty Deed
from Hugh Pfost and Jennie E. Pfost., Grantors, to Leonard Pfost,
T, -„tee. dated 22 Jxsrre , 970.
Page 1 of One Page
SCHEDULE B
Beneficiaries
The Hugh Pfost and Jennie E. Pfost Trust has been
created for the benefit of the Grantors' fourteen grandchildren
listed below:
Susan Joyce (Pfost) Kravig,
Norman Wesley Pfost, Box 77, Karval, Colorado 80823
Jerry Richard Pfost, Box 77, Karval, Colorado 80823
Thomas Dewey Pfost, Box 77, Karval, Colorado 80823
Jack Leonard Pfost, Box 77, Karval, Colorado 80823
Douglas Marc Pfost, Box 77, Karval, Colorado 80823
(The above six children are the children of Jean
Wesley Pfost, the deceased son of the Grantors.)
/
Cathy Ann Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
Allen Lee Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
(The above two children are the children of Glenn
Allen Pfost, son of the Grantors.)
Stephen Wayne Metcalf, 96 Everett Drive, Security,
Colorado 80911
Dwight Glenn Metcalf, 2552 West Cheery Lynn, Phoenix,
Arizona 85017
Ronald Gail Metcalf, 1580 South Kirkwood Road,
Westward Motel, St. Louis, Missouri 63127
Rebecca Louise (Metcalf) Emerick, 198 Shore Road,
Old Greenwich, Connecticut 06870
(The above four children are the children of Eileen
Adelaide (Pfost) Metcalf, daughter of the Grantors.)
Laura Ellen Pfost, 701 South Birch Street, Sterling,
Virginia 22170
Martin Leonard Pfost, 701 South Birch Street, Sterling,
Virginia 22170
(The above two children are the children of Leonard
Pfost, son of the Grantors.)
+F F 1 DA` 1 T
(for Property of Trust.)
SPATE or COLORADO )
COUNTY OF )
Glynn Allen Pfost , of lawful age, being first duly Sworn,
upon oath deposes) and say sJ'
1. Affiant(s) is/are (one of the) trustees of the hereinafter named
trust and as such has/have authority to execute and to record this affidavit,
2, "...Hugh Pfost and Jennie E. Pfost Estate Trust
is the name of a4Trust wh�cl�'imay% acuire, convey, encumber, ie
deal
with interests in re•a1 property in said name. aSe, an�oth_rwfse
3. The names and addresses of all the trustees who are represented
by such name are:
NAME ADDRESS
__�lerin_A��en Pfost_� _ 2520 0 318 Road, Grand Junction,
Colorado 81506
4. Any one utd e;e;xec6�ax)< of the above-named trustees or any of
the following other persons or entities may convey, encumber, lease or otherwise
deal with any interest in property acquired or held in the name of said trust:
None
175' D
5. This affidavit is executed and recorded pursuant to the _pr,o,�isionS.
of Title 38, Article 2U, Section 165 of Colorado vised St tute•s.19.�3; -a�s�:amergded.
.
G1 Pnn... I `.
tiant s)
Subsc ed and sworn to before me this Cc day of
My commission expires: WITNESS MY HAND AND OFFICIAL SEAL
�i
- i
Not. y Pub lc
WRJ-5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
Application must
be complete where
applicable. Type or
print in BLACK
INK No overstrikes
or erasures unless
initialed.
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME ✓ACK
STREET la /f!?/pA//A/G ,(779A7
CITY /19-4196/74Z/7:_/4-- LC.) /ZSc---
(State) (Zip)
TELEPHONE NO ?U R5 9102%
(2) LOCATION OF PROPOSED WELL
County ARF/GL/%
/VW 1/4 of the NeL1 1/4 Section /0
Twp �, Rng 93 LL, 771
(N,S) (E,W)
P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) lJ
Average annual amount of ground water
to be appropriated (acre-feet)'
/3
Number of acres to be irrigated:
Proposed total depth (feet) : /.5-0
Aquifer'ground water is to be obtained from:
ALL aWd/17 Tj/fl/TA�V TO L_JLO.Qf/la Al./4W
Owner's well designation EV/41/vS b)FLL Ah.
GROUND WATER TO BE USED FOR:
(X) HOUSEHOLD USE ONLY - no irrigation (0)
( 1 DOMESTIC (1) ( ) INDUSTRIAL (5)
( 1 LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
04,) OTHER (9) EXF12i/67--
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
Basin Dist.
CONDITIONS OF APPROVAL
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
ID COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+- -}- -+ - +-+- -+' _ _ -.}- - -+
4�— 1 MILE, 5280 FEET
i- -i- + + + + --h +
1 , t
4- . — 4 — +
1 1
A_NORTHH + I
+ 4— — -}-
1 1
+ SOUTH SECTION LINE
-}- + + + -I- + -} - +
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
.5-4() ft from NOkTff sec. line
(north or south)
/00O ft from WEST sec. line
(east or west)
LOT BLOCK FILING #
SUBDIVISION
-}-
- 4-
-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (Os) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: TACK 7: EvANS .T1.
No. of acres ZQ Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
b in from c2 ft to SQ ft
in from ft. to ft
Perforated casing
in from Jr: ft to /.5D ft
in from ft to ft
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): JF 1 k' r ` No. of acres: .--)26/
Legal description: EAST'2 of /1/6/74, OF Nei/ %Y, JC C, 1(0 /a�JN.tffi� %�� iC.4�t/G� gr.?. O 4
F 71/
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
}we eel? ciE'L,0 /WI L L'A/yIdeLY p)/T#
S�TATI� r i/VL d U/V7 Y 577171/,¢�x�
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
RUE TO THE BEST OF HIS KNOWLEDGE.
ATURE OF APPLICANT S)
Use additional sheets of paper if more space is required.
N.
RTH SECTION
LINE
•
e
I
1
1
to
m
z
o
1
w
to
W.--
1
— —}— — --
I
l
1
— 4_ -
I
I
-+
°z
r
- m
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
.5-4() ft from NOkTff sec. line
(north or south)
/00O ft from WEST sec. line
(east or west)
LOT BLOCK FILING #
SUBDIVISION
-}-
- 4-
-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (Os) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: TACK 7: EvANS .T1.
No. of acres ZQ Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
b in from c2 ft to SQ ft
in from ft. to ft
Perforated casing
in from Jr: ft to /.5D ft
in from ft to ft
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): JF 1 k' r ` No. of acres: .--)26/
Legal description: EAST'2 of /1/6/74, OF Nei/ %Y, JC C, 1(0 /a�JN.tffi� %�� iC.4�t/G� gr.?. O 4
F 71/
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
}we eel? ciE'L,0 /WI L L'A/yIdeLY p)/T#
S�TATI� r i/VL d U/V7 Y 577171/,¢�x�
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
RUE TO THE BEST OF HIS KNOWLEDGE.
ATURE OF APPLICANT S)
Use additional sheets of paper if more space is required.
WRJ-S-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ► REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME �Ck T Vfr'N� t/K
STREET 4g. 7174,47/2/Z/116
�Tf�iQ
CITY �.�/� }��UT� 2n Z/g_3S
(State) (Zip)
TELEPHONE NO Y?D -;- 3 - /x/051
(2) LOCATION OF PROPOSED WELL
County
A/Zd Y. of the AUL) 1/4 Section /O
Twp. / Rng, /S 67771-- P.M.
(N,S) (E,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) /5—
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated:
Proposed total depth (feet): /57)
Aquifer'ground water is to be obtained from:
.9tc p y uirr TiA til ;, 'yo.�s.�a
ra / o 1/1/,E,‹Owner's well designation E'Vi7ivs' L2)5L4
GROUND WATER TO BE USED FOR:
( .) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
(X) LIVESTOCK (2) (X) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
(X) OTHER (9) EXE/YI,07--
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name L /C.E41 SE.O
Street
City
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
CONDITIONS OF APPROVAL
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I D COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
— —+--}-- -+ — + — -�-
`! 1 MILE, 5280 FEET
T
9
NORTH SECTION LINE
•
- - -{- - —�
SOUTH SECTION LINE
m
D
N
N
m
n
0
z
r
z
m
-L
--4-
4 4-
-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
-F-
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
ft from N6Rr// sec. line
(north or south)
1.16 ft from ij)6.. " sec. line
(east or west)
LOT BLOCK FILING #
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: 7-/9d.TF>r',t.cs Z.
No. of acres aL Will this be
the only well on this tract? YES
(8) PROPOSED CASING PROGRAM
Plain Casing
in from ft to 5Z ft
in from ft to ft
Perforated casing
in from .5Z' ft to kr() ft
in from ft to ft
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(4): TAS/< 7T gVfi,5/S" VK. No. of acres: v2O
Legal description: LI).6757— Z of THE 11/ ()A- LJ7Y, SEC. log /0c4thcW,2 9Jodi /QO.t/ez-tr4J. GF_Z7%'
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
,54,077e, L0.E0,44
AND 24ej„/7-y
(1, c)/71/)4 Y GO/7774 __5-7777-
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
TURE OF APPLICANT(S)
/6 -iT .s—
Use additional sheets of paper if more space is required.
WRJ-5-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ► A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME
STREET ' p O%D, 'AJ//V CS 3"T'R
CITY biXA! /[JT,' en ig3 5 -
(State) (Zip)
TELEPHONE NO
990-,2$5=9/0
(2) LOCATION OF PROPOSED WELL
County (..)f70Q/IGiC7
.S j,) '/ of the /V Lf) '/< Section // 1(9
Twp 7 , Rng 9.S 111.,i 7,4 P.M.
(N,S) (E,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) /
Average annual amount of ground water
to be appropriated (acre-feet) • 1( 3
Number of acres to be irrigated:
Proposed total depth (feet): 150
Aquifer`ground water is to be obtained from:
/. L U1SIm T /L?LJ7 A Y Ta. CQ c�" 4/9no '�t/ i v4—
Owner's well designation i ViQ US cvELL. /(�. 3
GROUND WATER TO BE USED FOR:
(X) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
(X) OTHER (9) EXEi92P%
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
L
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
CONDITIONS OF APPROVAL
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I D COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
��— 1 MILE, 5280 FEET _7I
NORTH
-I- +
+ + + 1- +
— +
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
/3-00 ft from
(),e7- fi sec. line
(north or south)
ft from L&��S% sec. line
(east or west)
LOT BLOCK FILING
SUBDIVISION
-4- -
4
-f- + 4 t -}- -I- -I-
� I �
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: •7—ACX 7 Evh9Ns <Tk
No. of acres -3. 75- Will this he
the only well on this tract? YFS
(8) PROPOSED CASING PROGRAM
Plain Casing
in from 0 ft to .�� ft
in from ft to ft
Perforated casing
6 in from .50 ft to /SQ ft
in from ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old welt and plans for plugging
it:
(10) LAND
-O -N WHICH GROUND WATER WILL BE USED:
Owner(s�): \T !K T EVJ.Ls 7; No. of acres• .3. 75—±
Legal description• 3.%S,e�,PE.s /N ThE SG(1 14' D�,4' L.S /6, 2&JN,Str'//, 7S0.,, / r-sJ aF.lf/
(11) OETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
S.'Pr7C 7 ,'' /.5 -4 -em //)fit /1_6,-,-7/24v G<1.77,44 Sri -
f�/V.D L� [//1/TV 1SrAWl0F.7Lt S
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
NONE.
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
I�r'� GGA—,pro
ATURE OF APPLICANT(
Use additional sheets of paper if more space is required.
rvVn In AC..1'VIM L1111C
1
— — —a
N
m
I
Z,
.71
0
P
•
1-
w—
- .
1
— —}– —
1
---
--1
I z
— 4- — _m
IIC
le/1111.0
errTIn1U
1 1
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
/3-00 ft from
(),e7- fi sec. line
(north or south)
ft from L&��S% sec. line
(east or west)
LOT BLOCK FILING
SUBDIVISION
-4- -
4
-f- + 4 t -}- -I- -I-
� I �
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: •7—ACX 7 Evh9Ns <Tk
No. of acres -3. 75- Will this he
the only well on this tract? YFS
(8) PROPOSED CASING PROGRAM
Plain Casing
in from 0 ft to .�� ft
in from ft to ft
Perforated casing
6 in from .50 ft to /SQ ft
in from ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old welt and plans for plugging
it:
(10) LAND
-O -N WHICH GROUND WATER WILL BE USED:
Owner(s�): \T !K T EVJ.Ls 7; No. of acres• .3. 75—±
Legal description• 3.%S,e�,PE.s /N ThE SG(1 14' D�,4' L.S /6, 2&JN,Str'//, 7S0.,, / r-sJ aF.lf/
(11) OETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.
S.'Pr7C 7 ,'' /.5 -4 -em //)fit /1_6,-,-7/24v G<1.77,44 Sri -
f�/V.D L� [//1/TV 1SrAWl0F.7Lt S
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
NONE.
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
I�r'� GGA—,pro
ATURE OF APPLICANT(
Use additional sheets of paper if more space is required.
Li .//._ /,
,. `�w
°> (' 34 520500 1
0
ii
T. 6 S.
T. 7 S
4373
4372
27'30"
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C7
4370
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4369
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702/
lote,
14
74001
79/8
473.23'
S 89'19'35" E
STONEWALL
S 8919'35" E
POI J4EE
1316.52'
131E
.76'
N 8926'34' W
631.76' .
GATE
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limos NO „+„ -- 3NOIS
141210N NO „911 l„ '301S
1n
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a
2
u1
01
O
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N 8926'34" W
169.00°
M„OU0.00 S
N 8926'34' W
250.00'
0« ado uNnoo
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(Joins sheet 14)
483717 B-954 P-466 09/29/95 04:08P PG 2 OF 2
EXHIBIT A
ALL OF THE NW1/4 OF THE NW1/4 OF SECTION 10 AND A PORTION OF
THE SW1/4 OF THE NW1/4 OF SECTION 10, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1316.52 FEET BEARING S. 89 DEGREES 19' 35" E. TO A
BROKEN, CHISELED LAVA STONE WITH A SCRIBED "X" ON THE NORTH
SIDE AND "1/16" SCRIBED ON THE SOUTH SIDE, AS DEPICTED ON THE
MORRISANIA MESA MAP AND ACCEPTED AS THE NE CORNER OF THE
NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1320.42 FEET BEARING S. 00 DEGREES 02' 30" W. TO THE
SOUTHEAST CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 250.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 456.00 FEET BEARING S. 00 DEGREES 02' 30" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 169.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 360.71 FEET BEARING N. 47 DEGREES 56' 42" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 217.00 FEET BEARING N. 00 DEGREES 02' 30" E. TO A
REBAR AND CAP L.S. 5933;
THENCE 631.76 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
BRASS CAP FOUND WITH NO INSCRIPTION --ASSUMED TO BE THE SW
CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1323.07 FEET BEARING N. 00 DEGREES 08' 23" E. TO THE
POINT OF BEGINNING, ALL IN SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
TOGETHER WITH:
THE NE1/4 OF THE SE1./4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE
95 WEST OF THE SIXTH P INCIPAL MERIDIAN.
ALSO TOGETHER WITH:
THE WEST HALF OF THE Nv1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 7 SOUTH, RANG'. 95 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EXCEPT 9 ACR1:S, MORE OR LESS, CONVEYED TO WILLARD
EAMES BY DEED DATED SETEMBER 6, 1941, (SHERIFF'S DEED FILED
FOR RECORD SEPTEMBER 6. 1963 IN BOOK 352 AT PAGE 524 AS
RECEPTION NO. 222695) :ND SAID PROPERTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS ('AP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1279.77 FEET BEIRING N. 00 DEGREES 13' 33" W. TO A
BRASS CAP MONUMENT FOUI:) AND PROPERLY MARKED AS THE SW CORNER
OF THE NW1/4 OF THE SW2/4 OF SECTION 3, BEING THE POINT OF
BEGINNING;
THENCE 1280.84 FEET BEI'2ING N. 89 DEGREES 25' 16" W. TO THE
SW CORNER OF THE NE1/4 )F THE SE1/4 OF SECTION 4;
THENCE 1292.10 FEET BEAA.RING N. 00 DEGREES 11' 05" W. TO THE
NW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1290.37 FEET BE1ING S. 88 DEGREES 53' 12" E. TO A
BRASS CAP MONUMENT FOU/,A) AND PROPERLY MARKED AS THE NW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3;
THENCE 76.46 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
REBAR AND CAP L.S. 5933;
THENCE DUE SOUTH 75.00 FEET;
THENCE 1338.98 FEET BEA,.ING S. 25 DEGREES 20' 47" E. ALONG
THE WESTERLY LINE OF SALD 9 ACRES CONVEYED TO WILLARD EAMES
TO A REBAR AND CAP L.S. 5933;
THENCE 658.25 FEET BEAR[NG N. 89 DEGREES 25' 16" W. TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
T464vire.• (W%946 -6'6't6'
With& gativ#uW
bolo rd4 orzud Alia i`ezei uz�
6'02 ,_rarul JQ,oenae, delete 806
✓ale /mood c9 /60
October 27, 1995
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Petition for Exemption
To whom it may concern:
gay.• /970945-62967
I represent Jack T. Evans, Jr. Enclosed please find a
Petition for Subdivision Exemption for a parcel of property
owned by Mr. Evans, to be subdivided into three parcels, one
being 3.75 acres and two being 20 acres each. Mr. Evans intends
to sell the 3.75 acre parcel as a single family homesite. One
of the 20 acre sites will be used for Mr. Evans personal
residence, retaining the second 20 acre site for an additional
single family residence, grazing, or any other permitted use.
However, in light of the fact a subdivision exemption is only
granted once, Mr. Evans would like the 40 acres subdivided, in
the event he wishes to sell one of the parcels, or both, in the
future.
Also enclosed you will find the items listed as the
submittal requirements on the Petition.
In accordance with item F, it is Mr. Evans' intent to use
a septic system as a method for sewage disposal.
The deed received by Mr. Evans contains a legal description
which was prepared by a Surveyor to more adequately depict the
metes and bounds of the property. There has been no change to
the property from the pre -1973 legal description. It is as it
existed on January 1, 1973. The deed attached hereto from 1970
contains other parcels which are not contiguous to each other or
this parcel and therefore, not one of more than three parcels
created from a larger parcel. Hence, it is my opinion this
property meets the requirements for subdivision exemption.
All Garfield County zoning requirements will be met.
Each lot will have legal access to County Road 301 as
depicted on the attached survey.
Garfield County Planning Department
October 27, 1995
Page 2
Well permit applications have been made for each parcel and
a septic system shall be the method for sewage disposal. It is
acceptable to have this exemption approval be conditioned upon
a physical water source. A test hole has been drilled on one of
the 20 acre parcels and it is an adequate water source.
All state and local environmental health and safety
requirements have been or will be met.
Road or storm drainage improvements are not necessary as
the parcels are adjacent to the County Road and adequate
improvements are already in place.
Fire protection has been discussed with Ed Baker of the
Grand Valley Fire Protection District. He expressed the
District's concerns regarding a fire break, access to the
property, nearest hydrant location and a source of water for use
by the District in the event of a fire. Mr. Evans believes
these issues have been addressed on the property and approval
for fire protection has been requested.
Taxes have been paid. There are no special assessments and
the School Impact fee shall be paid as required.
It is requested that two copies of the Notice to be posted
be provided as proper notice should be posted on both sides of
the County Road.
The property owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, mineral owners
and lessees of mineral owners of record of the property to be
exempted, and tenants are as follows:
Jack T. Evans, Jr.
48 Morning Star Drive
Parachute, CO 81635
Donald R. Moore
75 310 Road
Parachute, CO 81635
Battlement Mesa Partners
5575 DTC Pky., Ste. 300
Englewood, CO 80111-3021
Leslie R. and Olive Libby, Trustees
Jewell P. Family Trust
5082 Live Oak Blvd.
Live Oak, CA 95953-9790
Garfield County Planning Department
October 27, 1995
Page 3
Gaylord J. and Phyllis L. Henry
P.O. Box 1062
Rifle, CO 81650
North Star Foundation
3059 103 Road
Carbondale, CO 81623
Grace A. Savage
Joan L. Savage
5953 320 Road
Rifle, CO 81650
Donald Alvis Hulse
Leland Hulse, Allison Estate
Jean Bernice Johnson
130 Manhattan Dr.
Boulder, CO 80303
(mineral owners)
Barrett Resources Corp.
1125 17th Street, Suite 2400
Denver, CO 80202-2044
Cecil Gardner
P.O. Box 425
Parachute, CO 81635
Sincerely,
Billie G. Burchf.J-ld
1
January 3, 1996
GARFIELD COUNTY
Building and Planning
Ms Billie Burchfield -Evans
Attorney -At -Law
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
RE: Evans Subdivision Exemption
Dear Billie -
On Tuesday, January 2, 1996, the Garfield County Board of County Commissioners conditionally
approved your petition for an exemption from the definition of subdivision. The approval is subject
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.
2. 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, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for signature,
from the date of approval of the exemption.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of
all exemption parcels.
5. That, if the lots are to have individual wells, the applicant receive an approved well permit
from the State Engineer's Office for each lot to be created prior to the signing of an
exemption plat or, if the water supply is to be shared, then the applicant shall receive an
approved, domestic well permit from the State Engineer's Office and shall draft a legal water
sharing agreement. Additionally, if the shared well is used, the exemption plat shall legally
describe a 20 foot radial access/repair/maintenance easement around the well and a 10 foot
centerline easement for he water supply line.
6. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate
supply in both quantity and quality exists for the lots to be created. Additionally, excavation
permits from County Road and Bridge, shall be necessary if the water supply line for the
shared well system will necessitate the disturbance of a County Road. Criteria for
demonstrating the quality, quantity and dependability of a well or a shared well system:
a) A well be drilled and a 24 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the static
•
109 8th Street, Suite 303
945-8212/285-7972
Glenwood Springs, Colorado 81601
water level;
c) The results of the 24 hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge shall be submitted to the Planning
Department,
d) A written opinion of the person conducting the well test that this well would be
adequate to supply water to the number of proposed lots and be submitted to the
Planning Department,
e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day,
f) If the well is to be shared, the provision for individual water storage tanks of no less
than 1000 gallons for each proposed lot (required at time of building permit
application);
g) A discussion of the mechanical components of the shared well system to include the
pump, water supply line, storage tank and other components (for shared well
systems);
h) A legal, well sharing agreement which discusses all easements and costs associated
with the operation and maintenance of the system and who will be responsible for
paying these costs and how assessments will be made (for shared well systems);
i) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
That the following plat notes be included:
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"The minimum defensible space distance 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."
"This exemption was approved based on the use of a central well and shared water
system. There is no assumption that a household use only well will be a dependable
water supply. Any purchaser of a parcel of land that was created by this exemption
reserves the right to use the proposed central water supply."
"The shared well system approved for this exemption requires a minimum 1000 gallon
water tank be installed at each lot. This shall be done at time of building permit
application at the expense of the building permit applicant. If a central tank is to be
used, the sizing shall be a minimum of 1000 gallons per lot created and served by the
central water system"
The control of noxious weeds shall be the responsibility of the landowner.
9. That the applicant shall receive written approval by the Grand Valley Fire Protection District
and shall adhere to the recommendations made by said district.
10. The applicant shall receive any necessary driveway permits from the County Road and Bridge
Department, prior to signing of an exemption plat.
l 1. If/When a transportation impact fee is adopted by the Board of County Commissioners, all
lots created will be subject to paying the fee, which will be paid at time of building permit
application and paid by the building permit applicant. If a building permit is issued prior to
the adoption of a transportation impact fee, the applicant will not be required to pay the fee.
These conditions must be satisfied prior to a the signing of an exemption plat. If you have any
questions regarding these conditions of approval or if you need additional time to satisfy these
conditions, please do not hesitate to contact this office. The Board has the authority to grant
extensions, of up to one year from the date of original approval, if requested by the applicant. You
must request an extension prior to the expiration of condition #3.
Sincerely,
Eric D. McCafferty
Planner
:EO—WTR DI'J 5 TEL : `03-945-5665 Dec 13 95 12:27 No .002 P.02
Form.No. OFFHGE OF THE STATE ENGINEER
GWS -25 COLORADO DMSiON OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman $t.. Denver, Colorado 80203
(303) e1343 -35x1
APPLICANT
JACK T EVANS JR
48 MORNING STAR
PARACHUTE CO 8i635-
(970)285-9104
PERMIT TO USE AN EXISTING WELL
LIC
WELL PERMIT NUMBER S 825 -
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: 6ubdly:
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 10
Twp 7 S RANGE 95 W 6th P.M.
DISTANCES FROM SECTION LINES
566 Ft, from North Section Line
369 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmONS QF APPROVAL
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 43.82 acres described as
that portion of the NW 1/4 of Sec. 10, Twp. 7 South, Rng. 95 West of the 6th P.M., Garfield County, being more
particularly described on the attached exhibit A.
4) Approved for the use of an existing well, constructed as a monitoring and observation hole under file #MH -26743.
5) The use of ground water from this well Is limited to ordinary household purposes inside three (3) single family
dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the
irrigation of not over one (1) acre of home gardens and lawns.
6) The maximum pumping rate shall not exceed 15 GPM,
7) The return flow from the use of this 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.
This well shall be located not more than 200 feat from the location specified on this permit.
y, /a- J-'1 h
APPROVED
JD2
& to Engineer
Receipt No. 0392638A
DATE ISSUED DEC 0 7 1995
+rVIS ON COPY
EXPIRATION DATE DEC 0 7 1997
SEO-WTR DIV 5
TEL:303-945-5665 Dec 13 95 12:26 No.002 P.01
STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
1,U633 U.S. I Iwy tr & 24
(;lenw<md Springs, CO 81602
Phone (303) 945-5665 Roy homer
Ccwmw
FAX (303) 945-8741
Iarrres S. Director Wellhead
t
Creartive DDirectorr
DATE:
HAI
State Engineer
FAX TRANSMISSION COVER SHEET Oripl0
Division Engineer
TRANSMIT TO FAX NUMBER:
IMMEDIATE DELIVERY TO:
FROM:
i 7
NO. OF PAGES (INCLUDING COVER SHEET),:
INSTRUCTIONS/COMMENTS:
rgt
3 72 e B .47
t t 4/;'. 3723g Z,.li .s
^ / � --( .
A ,S
3738,. F38 r C—_.
j t,-4 TO
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If you have problems receiving transmission of documeflL (s) , please
call 945-5665.
UIv1SION 5 WATER RESOURCES
OUR FAX NUMBERS: (303) 945-8741 or (303) 866-5415
crE 1
Evans 12/18/95
This 43.75 acre property is located on Morrisania Mesa, approx. 3 miles east of parachute at hte
intersection of CR 301 and 310. The tract slopes gently from south to north and Battlement Creek
transects the southwestern corner. It appears the majority of the property is currently used for
agriculture and reminder of the land consists of native vegetation of grasses, asage and inion and
juniper trees. Large pieces of basalt rock are scattered across the tract.
It appears the primary land use in the vicinity is agriculture and a number of single family homes are
also located nearby.
The petitionaer proposes to divide by exemption the 43.75 acre tract into three parcels of 3.75, 20.0
and 20.0 acres each. The smaller parcel created would be sold as a single family homesite, one of the
20 acre parcels would be retained for development by the petitioner with the rmaining parcel currently
not scheduled for developemtn.
Deeds submitted with the application indicate the tract existed prior to january 1, 1973, and therefore
appears to compy with section 8:52 of the subdivision regulations.
The property is within the A/R/RD zone district and all lots are inexcess of the 2 acre minimum
requirement.
The applicant is proposing individual wells for the parcels to be created and has applied for the
necessary permits. It appears that two household use only permits and one domestic permit have
been applied for. Staff assumes that these permits will be denied by the State Engineers's office, as
only one domestic well would probably be allowed on this tract. Based on this assumption, it would
be necessary to share a domestic well and the applicant would be required to develop a well sharing
agreemnt and have all easements noted on an exemption plat. Furthermore, if this is to be ashared
well, staff recommends that either a 24 hour pump test be performed or a professional engineer and
a qualified hydrologist establish a water supply plan for the parcels. Additionally, permission from
road and bridge would be necessary for a crossing of a county road. Staff recommneds the water
information be presented prior to fianl authoriziation of an exemption plat.
The method of water treatment is specified to be the use of individual sewage disposal systems. Soils
on-site carry moderate to severe ratings concerning the use of ISD systems. Staff recommends a plat
note be included to address these limitations.
It appears that access to the lots to be created is directly from CR 301. staff recommends the
applicant apply for and receive driveway permits from road and bridge prior to the signing of an
exemption plat.
The applicants have discussed fire protection with the Grand Valley Fire protection district, however,
no letter of approval was supplied with this application. Staff recommends the applicant follow the
suggestions made by the district nd, additionally, a plat note should be included to address wildfire
mitigation. G L1;v i / £-G�ItI (; /> 16 l %EI\
The applicant will be required to pay the $200 school impact fee, per lot, and will be required to show
all required easments on an exemption plat.
Based on these findings, staff recommends approval of the application, subject of the listed
conditions.
* cc' G 6COAKrs v
cc1iikiztc 4v,/p i l PC tAil i1 l
cria /14
Evans (Continued from 12/18/95) 1/2/96
This proposal was originally heard on Dec. 18 and was continued primarily because staff had not seen
the well completion and test report presented by the applicnat's agent at the time of the original
meeting. I have reviewed this information and offer the following commnets.
It appears water was located at an interval between 130 and 140 feet below the surface in a confined
aquifer consisting of gravels. A pump test was undertaken confirming a production rate of 10 GPM
for 2 hours. It appears that an exempt, domestic permit was issued for this well, permit number
191825.
Section 8:52 D of the subdivision regualtions explicitly states that, as a condition of approval,
"Provision has been made for an adequate source of water in terms of both the legal and physical
quality, quantity and dependability." Given these requirements, staff recommends approval subject
to complying with the following criteria, prior to signing of an exemption plat:
1) A well be drilled and a 24 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion report demonstrating
the depth of the well, the characteristics of the aquifer and the static water level;
3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and
information showing drawdown and recharge shall be submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this well would be adequate to
supply water to the number of proposed lots and be submitted to the Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons
of water per person, per day;
6) If the well is to be shared, the provision for individual water storage tanks of no less than
1000 gallons for each proposed lot (required at time of building permit application);
7) A discussion of the mechanical components of the shared well system to include the pump,
water supply line, storage tank and other components (for shared well systems);
8) A legal, well sharing agreement which discusses all easements and costs associated with the
operation and maintenance of the system and who will be responsible for paying these costs
and how assessments will be made (for shared well systems);
9) The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria and nitrates.
Since this list basically assumes a shared well system, as is the case with this proposal, staff
recommends an additional plat note be required stating: "This exemption was approved based on the
use of a central well and shared water system. There is no assumption that a household use only well
will be a dependable water supply. Any purchaser of a parcel of land that was created by this
exemption reserves the right to use the proposed central water supply." This provision is necessary
due to the possibilty an applicant could present an approved exemption plat to the Division of Water
Resources and receive household use only well permits, which were not considered as the water
supply for the lots to be created.
A44--6 X6112
be& L q AIQD 2
DECLARATION OF EASEMENTS AND COVENANTS
Garfield County, Colorado
The undersigned, Jack T. Evans, Jr., (hereinafter
"Declarant"), being the sole owner of certain real property
located in Garfield county, Colorado, described on Exhibit A,
attached hereto and incorporated herein by this reference, having
caused the same to be divided into three (3) parcels, as
described in Garfield County Resolution No. 9'-Z3 (hereinafter
the "Subdivision") recorded the /7,r,, day of .4,4i2
1996, in Book 97y at Page _394/ as Reception No.
4'9 /4 ',3 , Garfield County Records, hereby declare and
acknowledge that all property within the Subdivision is and shall
be subject to the following Easements and Covenants:
ARTICLE I
WATER SUPPLY AND RESTRICTIONS
1. Domestic Water Supply: Domestic water supply for all
parcels shall be derived from the Evans Well No. 2, which is the
subject to Well Permit No. 191825, issued by the State Engineer
pursuant to C.R.S. § 37-92-602(3)(b)(II)(A). The rate of
withdrawal from the Evans Well No. 2 may not exceed 15 gallons
per minute, and the water produced therefrom may be used only for
ordinary household purposes inside three (3) single family
dwellings, fire protection, watering of poultry, domestic
animals, and livestock on farms and ranches, and the irrigation
of not over one (1) acre of home gardens and lawns.
2. Conveyance and Assignments: Evans Well No. 2 and
appurtenant facilities are currently owned by the declarant, and
the permit for Evans Well No. 2 is currently in the name of the
Declarant. At the time of conveyance by Declarant of Parcel 1,
2, and 3, the Declarant shall quit claim and assign to the
purchasers of each such parcel an undivided one-third interest in
the Evans Well No. 2, the well permit therefor, the pump and
appurtenant facilities. The permit shall remain in the name of
the owner of Parcel , as they may appear from time to time, and
such owners shall be responsible for subsequent assignments and
amendments to reflect ownership. The owner of Parcel shall be
the owner designated to receive correspondence related to such
well permit.
DECLARATION OF EASEMENTS/COVENANTS
1
3. Ownership and Maintenance of Evans Well No. 2 and Water
Facilities: Each parcel owner shall be the sole owner of water
facilities which are used solely by that parcel. Pursuant to the
conveyances made as set forth in paragraph 2 above, the lot
owners shall be the joint owners, each with an undivided one-
third interest in the Evans Well No. 2, the pump, and any
appurtenant facilities which are used in common by the parcels.
Each parcel owner's one-third interest shall be appurtenant to
such parcel, and may not be transferred apart from the parcel.
The parcel owners shall be responsible for operation,
maintenance, repair, replacement, and improvement of the Evans
Well No. 2, the pump and any other appurtenant common facilities.
4. Costs of Water Facilities: The owners of each of
parcels 1, 2 and 3 shall entitled to one-third of the withdrawal
of the Evans Well No. 2, for individual use, and shall be
responsible for paying one-third of the costs of maintenance,
operation, repair, replacement and improvement of the Evans Well
No. 2, the pump, and appurtenant facilities. The costs of common
water lines or other common water facilities shall be borne
equally by the owners of the lots using such facilities. The
parcel owners shall cooperate to enter into mutual agreements for
the completion and payment of the costs of any maintenance,
operation, repair, replacement, or improvement of common
facilities. In the event the parcel owners are unable to agree
upon any required maintenance, repair, replacement, or
improvement, any parcel owner shall be entitled to undertake the
minimal work necessary and essential for proper functioning of
the common facilities. In the event a parcel owner determines
to undertake such work, he shall first notify the other parcel
owners in writing. The parcel owner undertaking the work shall
upon completion provide the other parcel owners with a written
statement of the work performed and the other parcel owners
proportionate share of the costs.
5. Payment of Common Expense: Each parcel owner shall pay
its proportionate share of common expenses within 30 days from
the time a statement of expenses is presented for payment. In
the event a parcel owner fails to pay its share within 60 days of
presentment, interest on the unpaid amount shall accrue at 12
percent per annum, beginning 60 days from presentment. In the
event a parcel owner fails to pay any amounts due with interest
thereon, within six months from the date of presentment for
payment, water service to the delinquent parcel shall be
discontinued. Further, the parcel owner which has paid such
costs and expenses shall be entitled to pursue any remedy
available at law or in equity for a breach of this Covenant, and
shall be entitled to reasonable attorney's fees incurred to
obtain and execute on any judgment for collection.
DECLARATION OF EASEMENTS/COVENANTS
2
6. Easement: Each parcel is and shall be subject to
perpetual and nonexclusive easements as set out in the
subdivision plat, sufficient to give force to the provisions of
this Article, including a ten foot centerline easement for the
water supply pipeline and a 20 foot radial easement around the
Evans Well No. 2 for the construction, operation, maintenance,
repair, replacement and improvement of the Evans Well No. 2, the
pump, and any appurtenant common facilities and water lines.
7. Use of Water, No Waste: Domestic, in-house use shall
take precedence over irrigation use and no outside use shall be
allowed if any in-house domestic needs are not met. The Evans
Well No. 2 shall be used in accordance with the well permit and
any lawful orders of the Water Commissioner, division or state
engineer. No parcel 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 Evans
Well No. 2. Unless otherwise agreed, no lot shall use more than
one-third of the water physically available from the Evans Well
No. 2.
8. Construction Requirements: Each parcel owner shall
install and pay for a minimum 1000 gallon storage tank, or larger
as may hereafter be designated by Garfield County, for service to
each single family dwelling. Each parcel owner will have a
licensed engineer design necessary elements of each parcels
addition to the common water supply facilities. _
9. Individual Wells: Declarant may, at Declarant's
option, apply to the State Engineer's office for approval for in-
house domestic use only of Evans Well No. 1 (Test permit No. MH -
27342); Evans Well No. 2 (permit no. 191825); and Evans Well No.
3 (Test Well Permit No. MH -27341). In the event that Declarant
obtains approval of the three permits for household use only on
each of the three parcels in the Subdivision, Declarant may, as
owner of all parcels, repeal this Declaration in total, and
convey to each parcel owner the permitted well located on each
parcel.
ARTICLE II
GENERAL PROVISIONS
1. Covenants to Run: The Covenants herein shall run with.
the property constituting the Subdivision, and shall bind the
Declarant, his successors, and assigns. All parties claiming by,
through, or under the Declarant 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 restriction herein shall be personally
binding on the Declarant or any other persons except in respect
to breaches committed during his or their ownership of said land.
DECLARATION OF EASEMENTS/COVENANTS
3
2. Enforcement: The Covenants may be enforced by any
parcel owner by an action for damages or for injunctive relief to
restrain or mandate any action required by these Covenants. The
prevailing party in such action shall be entitled to reasonable
attorney's fees and costs.
3. Terms/Amendment of Covenants: These Covenants shall
remain in effect for a period of twenty-five years, and
automatically shall be continued thereafter for successive
periods of ten years each, unless all three parcel owners in the
Subdivision affirmatively vote to repeal or amend, all or any
portion, of these Covenants at any time prior to the expiration
hereof; provided, however, that no repeal or amendment shall be
effective until an instrument setting forth such action, signed
by all parcel owners, is recorded in the Office of the Garfield
County Clerk and Recorder.
4. Severability: Should any provision of these Covenants
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.
IN WITNESS WHEREOF, the Dec arant, as the owner of all lands
described, has executed this day of
STATE OF COLORADO §
COUNTY OF GARFIELD §
ss.
41.Z, , 1996.
J:CKT. E A S,
17/7L__
a CLARANT
Subscribed and sworn to before me this Zyp day of //P,','L
1996.
Witness my hand and official seal.
My Commission Expires:
Notary Public
t1I?1 t4crk'9)
DECLARATION OF EASEMENTS/COVENANTS
4
GRAND VALLEY
FIRE PROTECTION DISTRICT
P. 0. Box 295
Parachute, Colorado 81635
(303) 285-7630
December 28, 1995
Garfield County Planning Department
109 8th Street, Suite 300
Glenwood Springs, CO 81601
RE: The Jack Evans Exemption
To Whom It May Concern:
Per a request of Debby Sanderson of the Law Office of Walter Brown, the
Grand Valley Fire Protection District has reviewed the Jack Evans Exemption.
It is our understanding two parcels of land will be subdivided. Approximately
52 acres will be subdivided into four lots and 43 3/4 acres into three lots.
The Grand Valley Fire Protection District requests that all structures be
separated from native trees (pinyon/juniper) by a distance of four times the
height of the surrounding native trees or 100 feet. Also a source of water
for fire trucks (to pump from) is helpful. We understand a pond is planned
on proposed subdivision. Access to all structures should be sufficient for
a 45 foot truck to turn around.
If there are any questions please contact me.
Sincerely,
Ed Baker
Asst. Fire Chief
cc: G. Mahaffey, Chief
GARFIELD COUNTY
Building and Planning
May 8, 1996
RE: Evans Subdivision Exemption, located in a portion of Section 10, T7S, R95W of the 6th P.M.
Dear Jeff,
Pursuant to our conversation yesterday and as you requested, I am providing additional comment on
the water supply for the above-mentioned exemption from the definition of subdivision.
The applicants originally specified the water supply to the three (3) parcels, which would be created
by the approval of this request, to be a shared, exempt domestic well, on a tract in excess of 35 acres.
However, it was stated by the applicant that, upon approval by the County, the applicants would
convert the exempt, domestic permit for three (3) household -use only well permits, that would (most
likely) be issued by the State Engineer's Office. This proposal essentially put the County in the
position of reviewing and approving a water supply that was never intended to be used as the actual
water supply and, it was my opinion, that the County Commissioners should not be in this position.
In other words, what was approved by the Commissioners is the water supply that was stated within
the application, that being the shared system with an exempt, domestic well permit.
The petitioners (and many others) were essentially using a loop -hole in the procedure that, upon
approval by the Commissioners, the petitioners could then be issued household -use only permits, by
the SEO, as they would be considered exempt (i.e. a pre -1972 subdivision). In response to this,
language was developed, that specifically stated that what was reviewed and approved by the
Commissioners was a shared well system and if an applicant wanted to convert the exempt domestic
permit, then there was no assumption that individual, household use only wells would be an adequate
supply, simply because that information was not presented, nor was it necessarily reviewed.
In the Evans case, the petitioner included within the application the intention of converting the
exempt domestic permit and further agreed to drill and pump -test the individual wells, in a good -faith
effort, to demonstrate that a physical water supply existed for the future, household -use only well
permits. Although this would not be the prescribed manner, it would appear that, devoid of other
criteria, this would be acceptable. Therefore, in this case, and assuming that the State Engineer's
Office agrees with this rationale, it would appear the issuance of household -use only well permits
would be acceptable. Of course, this analysis or approval makes absolutely no decision of material
injury to senior water rights on the part of Garfield County, nor do we assume there will always be
an adequate, physical water supply for the long-term.
If I may be of further service, do not hesitate to call.
Sincerely,
(C_
Eric D. McCafferty
Garfield County Planner
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
WRJ-5-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
RECE
PI0V o 6'95
v A ;+ Fi-isouRCES
5:1AfE coLOtt
(1) APPLICANT - mailing address J
NAME Zhvie TEV.VA.15 ViQ.
STREET 4/g. 7174R/y//Z-16 E...5 -729R
CITY
(State) (ZIP)
TELEPHONE NO
?'2D — A 05=1/0 r`
(2) LOCATION OF PROPOSED WELL
County 14t?F/"
'% of the AJtLJ h, Section AO
Twp. , Rng. !L5 l/J ,
IN,SI E,W)
P M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) /5 -
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated:
Proposed total depth (feet): /3-6
Aquifer ground water is to be obtained from: }�
AzuY/air/ 7 AvTf9/ZY TD L'6CeX/Pi14Pf1vAr.<
�V/9iv/
$ DUEL C /(/o •2
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
(}c) LIVESTOCK (2) (X) IRRIGATION (6)
( ) COMMERCIAL (4) c( ) MUNICIPAL/(8
(X) OTHER (9) EXE/YJ�7.—g7 / 7,2"f�& �1)I/ b)
DETAIL THE USE ON BACK IN (11) l
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
(4) DRILLER
Name Z /C)E/11,5:0
Street
City
(State) (ZIP)
Telephone No. Lic. No
Receipt No. 39c S `J
Basin Dist.
CONDITIONS OF APPROVAL
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.
PPLICATION APPR
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
1.413 TR#392835114695 180,(
:IAL., WATER RESOURCES
/02 -%- Y5
BY
(STATE ENGINEER)
ID
COUNTY 2-3
r
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water will be used must be indicated on the diagram below,
Use the CENTER SECTION (1 section, 640 acres) for the well location.
f T 1-
-
— —
I
NORTH+
T"
III
+ +
1 MILE, 5280 FEET �)
1 NUHTH
SECT IUN LINE
WEST SECTION LIN
•
I
I I
1
I
— — -I--
— _.m
>
N
—I
cnm
m
0
5
Z
r_
m
-4-
+
-1-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres,
+
- 4
(6) THE WELL M .T B LOCATED BELO\.
by distances to `` ;.r lines.
/I V V ft -1,.�; ,'? NORTH sec. line
j� 3d "1
�`� ft frr m
LOT
BLOCK
(north or south)
sec. line
(east or west)
FILING
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner:.%AC.,(/ 71/4 -it
No. of acres ,/
the only well on this tract? r.s
is be
(8) PROPOSED CASING PROGRAM
Plain Casing
in from ft to .r) ft
in from ft to
Perforated casing
(c in from 5O
in from
ft
ft to /sA ft
ft to
ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHI
Owner(s) : /� '
Legal description.... -
GROUND WATER WILL BE USED:
Ev,4N. s
No. of acres: i/-10 5f'2 i—K'
/V4)/1/!J%Y, SEe, JO %tishrao � So, /Q,O�r/GE9,S"41�1 CF 07/ 4
(11) DETAIL . 1 DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. /I,d,71/("G v all? -5.-27377Z.
,4A/ ' 2/7 S72;,�,o4nJ
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
TURE OF APPLICANT(S)
Use additional sheets of paper if more space is required.
District: III
Road: 301
Permit #: 049-95 D
GARFIELD COUNTY
APPLICATION F O R DRIVEWAY PERMIT
Application Date 10-18-1995
I, EVANS, JACK (herein called "Applicant"), hereby requests
permission and authority from the Board of County Commissioners to construct
driveway approach(es) on the right-of-way of Garfield County Road Number 301
adjacent to Applicants property located on the NORTH side of the road, a
distance of .5 MI mile(s) from FROM INT OF CO RD 310 for the purpose of
obtaining access to PRIVATE RESIDENCE
Applicant submits herewith for the consideration and approval
of the Board of County Commissioners, a sketch of the proposed instal-
lation showing all necessary specification detail including (1) front-
age of lot along road, (2) distance from centerline of road to
property line, (3) number of driveways requested, (4) width of pro-
posed driveway(s) and angle of approach, (5) distance from driveway
to road intersection, if any, (6) size and shape of area separating
driveways if more than one approach, and (7) setback distance of
building(s) and other structures or improvements.
GENERAL PROVISIONS
a
FIRST: The Applicant represents all parties in interest, and affirms
that the driveway approach(es) is to be constructed by him for the
bona fide purpose of securing access to his property and not for the
purpose of doing business or servicing vehicles on the road right-of-way.
SECOND: The Applicant shall furnish all labor and materials, perform
all work, and pay all costs in connection with. the construction of the
driveway(s) and its appurtenances on the right-of-way. All work shall
be completed within 30 days of the Permit date.
THIRD: The type of construction shall be as designated and/or approved
by the Board of County Commissioners or their representative, and all
materials used shall be of satisfactory quality and subject to inspec-
tion and approval of the Board of County Commissioners or their
representative.
FOURTH: The traveling public shall be protected during the instal-
lation with proper warning signs and signals and the Board of County
Commissioners and their duly appointed agents and employees shall be
held harmless against any action for personal injury or property
damage sustained by reason of the exercise of the Permit.
FIFTH: The Applicant shall assume responsibility for the removal or
clearance of snow, ice or sleet upon any portion of the driveway ap-
proach(es) even though deposited on the driveway(s) in the course of
the County snow removal operations.
SIXTH: In the event it becomes necessary to remove any right-of-way
fence, the posts on either side of the entrance shall be securely
braced before the fence is cut to prevent any slacking of the remain-
ing fence, and all posts and wire removed shall be turned over to the
District Road Supervisor of the Board of County Commissioners.
SEVENTH: No revisions or additions shall be made to the driveway(s)
or its appurtenances on the right-of-way without the written permis-
sion of the Board of County Commissioners.
EIGHTH: Provisions and specifications outlined herein shall apply on
all roads under the jurisdiction of the Board of County Commissioners
of Garfield County, Colorado, and the Specifications, set forth on the
attached hereof and incorporated herein as conditions hereof.
SPECIAL CONDITIONS
MUST GRAVEL AT LEAST 100 FT FROM COUNTY ROAD
RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION
NOTIFY RON WEST UPON COMPLETION OF DRIVEWAY
In signing this application and upon receiving authorization and
permission to install the driveway approach(es) described herein the
Applicant signifies that he has read, understands and accepts the
foregoing provisions and conditions and agrees to construct the drive-
way(s) in accordance with the accompanying specification plan reviewed
and approved by the Board of County Commissioners.
Witness: Signed:
(S ature of Applican
(Address)
�j�1�-� n�,��n n (Telephone Number)
PERMIT GRANTED THIS I Q DAY OF 04.��'�-'L" 19 �E3, SUBJECT TO THE
PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATED HEREIN.
For Board of County Commissioners of Garfield County, Colorado
BY:
SPECIFICATIONS
1. A driveway approach is understood to be that portion of the high-
way right-of-way between the pavement edge and the property line which
is designed and used for the interchange of traffic between the road-
way pavement and the abutting property.
2. At any intersection, a driveway shall be restricted for a suf-
ficient distance from the intersection to preserve the normal and safe
movement of traffic. (It is recommended for rural residence entrances
that a minimum intersection clearance of 50 feet be provided and for
rural commercial entrances a minimum of 100 feet be provided.)
3. All entrances and exits shall be so located and constructed that
vehicles approaching or using them will be able to obtain adequate
sight distance in both directions along the highway in order to maneuver
safely and without interfering with highway traffic.
4. The Applicant shall not be permitted to erect any sign or display
material, either fixed or movable, on or extending over any portion
of the highway right-of-way.
5. Generally, no more than one approach shall be allowed any parcel
or property the frontage of which is less than one hundred (100) feet.
Additional entrances or exits for parcels or property having a frontage
in excess of one hundred (100) feet shall be permitted only after
showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent
to the traveled way will not encroach upon adjoining property.
7. No commercial driveway shall have a width greater than thirty (30)
feet measured at right angles to the centerline of the driveway, except
as increased by permissible radii. No noncommercial driveway shall
have a width greater than twenty (20) feet measured at right angles to
the centerline of the driveway, except as increased by permissible radii
8. The axis of an approach to the road may be at a right angle to the
centerline of the highway and of any angle between ninety (90)'degrees
and sixty (60) degrees but shall not be less than sixty (60) degrees.
Adjustment will be made according to the type of traffic to be served
and other physical conditions.
9. The construction of parking or servicing areas on the highway
right-of-way is specifically prohibited. Off -the -road parking facil-
ities should be provided by commercial establishments for customers'
vehicles.
10. The grade of entrance and exit shall slope downward and away from
the road surface at the same rate as the normal shoulder slope and for
a distance equal to the width of the shoulder but in no case less than
twenty (20) feet from the pavement edge. Approach grades are restricted
to not more than 10 percent (10%).
11. All driveways and approaches shall be so constructed that they
shall not interfere with the drainage system of the street or highway.
The Applicant will be required to provide, at his own expense, drain-
age structures at entrances and exits which will become an integral
part of the existing drainage system. The dimensions of all drainage
structures must be approved by the Board of County Commissioners or
their representative prior to installation.
NOTE: This permit shall be made available at the site where and when work is
being done. A work sketch or drawing of the proposed driveway(s) must accompany
application. No permit will be issued without drawing, blueprint, or sketch.
<+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+>
SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION
PERMIT #: 049-95 D PERMITTEE: EVANS, JACK
INSPECTOR: SUB -CONTRACTOR:
1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT
IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE. FURTHER,
ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE.
2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH
A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH
COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX
ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK
TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE
ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR
SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL CUT OF THE PATCH WHICH
WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO
FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE
UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION.
ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE
WORKING DAYS, WEATHER PERMITTING.
3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE.
4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM
BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT, OR WING
WALL.
5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT
WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE
BOTTOM OF THE CULVERT.
6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED
DAILY TO WITHIN 100 OF THE WORKING AREA OF THE. TRENCH, AND SHALL BE
BARRICADED WITH WARNING DEVICES AFTER DARK.
7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH
A GRASS AND CLOVER MIXTURE EITHER BY BROADCASTING OR DRILLING, WITH SEED
MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL
BE PERFORMED. USE ONLY CERTIFIED WEED -FREE SEED. NOXIOUS WEED CONTROL
WILL BE ONGOING ALONG WITH REVEGETATION.
8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS
IF OTHER.•ERMITS ARE REQUIRED, I.E., BLM, FOREST SERVICE.
FOR GARFI LD COUNTY
BY / VANS, JACK
(PERMITTEE)
Garfield County Road & Bridge Department
P.O. Box 2254
Glenwood Springs, CO 81602
Phone: 970-945-6111
Fax: 970-945-0934
King Lloyd, Supervisor Today's Date: 10-18-1995
Please remit for the following permit(s):
Name:
Address:
City:
Phone:
PERMIT(s) #t: 049-95 D
EVAN.S, JACK
48 MORNING STAR
PARACHUTE
2_85-9104
Utility Cut Permits -#'s:
Driveway Permits -Ws:
Over Size Permits-##
Fr -am:
Date of Issue 10-18-95
Bond Holder:
ST: CO ZIP: 81635
To: - Total Utility
From: 049-95 To: 049-95 Total Driveway
From:
Over Weight Permits -Ws: From:
- To: - Total Over Size
- To: - Total Over Weight
Fax/Administration Charges:
TOTAL DUE -> ->
Please 'u. Permit Ws On Check
Paid ? (Yep, or No) Check 44:2A53
15.00
For Garfield County:
. 00
15.00
. 00
. 00
.00
WELL COMPLETION AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
WELL PERMIT NUMBER : M'I-26743
OWNER'S NAME (S) : Jack Evans
Mailing Address : 40 Morning Star Dr.
City, St.,Zip : Parachute , Co . 81635
Phone : (970) 285-9104
WELL LOCATION AS DRILLED :
DISTANCE FROM SECTION LINES :
SUBDIVISION :
STREET ADDRESS AT WELL LOCATION :
;;rni.r l] r C;rll
APPpi)VAI 1 V i;11•:"11 -0i1
NW 1/4 NW 1/4 Sec. 10 Twp. 75 Range 95W
Ft. From Sec. Line. And Ft. From Sec. Line. Or
LOT : BLOCK : FILING (UNIT) :
GROUND SURFACE ELEVATION ft.
DATE COMPLETED 10/17/95
TOTAL DEPTH :
DRILLING METHOD :
150 ft.
Air Rotary
COMPLETED DEPTH : 150 It.
GEOLOGIC LOG:
r)cplh
000-130
130-140
140-150
HVLt L1IAM, (In)
HWM(111
Typo of M: it ' : i1 ('.'!i!c. (. 1ni. and TYPc')
9.0
0.0
c 1(tt)
Volcanics Rocks, Clays
Gravel
6.5
30
30
150
Wasatch Formation
7. PLAIN CASING
MOO
W:11 d -r
rn m(n)
Tu Ifl)
7.0
5.5
Steel
PVC
0.240
.250
0.0
20
30
130
PERF. CASING : Screen Slot Size :
5.5
PVC
.250
130
140
WATER LOCATED : 130-140
REMARKS:
11. DISINFECTION : Type : HTH
$. 1-ut.:.r I'a'.).
Material :
Size
Interval :
10. GROUTING RECORD :
Y. Ila..r1lac: rn-rt
Type :
Depth :
M:dcilnl
Arom0
r)a c:iIy
InIrrr. d
P1;loomor1
cement
3 sks
6 g/sk
10-30
poured
Arrlt. Used :
1 oz.
12. WELL TEST DATA : [) Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level : 110 It. Date/Time Measured : 10/17/95 Production Rate : 10 gpm.
Pumping Level : Total ft. Date/Time Measured : 10/17/95 Test Length : 2 hrs.
Remarks :
ii—, .da...om.rn.qi.— 6.1—�IrmlL.—,IL—.wni. —L J tli ihwym„nny Lm..A..1„.(r-m.,S— ..;.44 In4(13)p)(.r —4.,,d.....—...u.r,. . ,l.....,,,d,.,p� “”'
,: pun h blc E s cla::1 miulcmcenor.) 927.4182
Phone (9
70)
CONTRACTOR : Shelton Drilling Corp. No. 70)
Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic.
Name /Title (Please Type or Print) Signature Date
Wayne Shelton / President 10/26/95
WELL AGREEMENT, COVENANT AND EASEMENT
THIS AGREEMENT is entered into by Jack T. Evans Jr., owner
of real property located in Garfield County Colorado, as legally
described on Exhibit "A" attached hereto and incorporated herein
by this reference, for the benefit of the future owners of any or
all of the parcels described, as follows:
WHEREAS, Jack T. Evans Jr. is the owner of the real property
herein described and has petitioned for an exemption from
subdivision as provided by law and desires to have three parcels
described created from one;
WHEREAS, Jack T. Evans Jr. desires to provide a legal and
physical water supply for one single family dwelling, household
use only, for each of the three parcels to be created by the
exemption from subdivision.
NOW THEREFORE, Jack T. Evans Jr., does hereby agree,
covenant and grant the following:
1. Each of the three parcels created by the petition for
exemption from subdivision shall have a ten foot pipeline
easement as shown on Exhibit "B" attached hereto and incorporated
herein by this reference.
2. Each parcel shall be entitled to run a pipeline to the
Evans Well No. 2, permit No. 191825, located 566 feet from the
North line of Section 10, and 369 feet from the West line of
Section 10, all in Township 7 South, Range 95 West of the 6th
P.M. and to take water therefrom for household use only, in one
single family dwelling, on each parcel.
3. That this Agreement shall constitute a covenant that
shall run with the land from this date forward, unless and until,
a legal and physical water supply other than Evans Well No. 2 is
obtained for each parcel. At such time as a legal and physical
water supply has been obtained for each of the three parcels,
this agreement, covenant and easement shall terminate, expire and
be forever released.
Witness my hand this day of , 199
Jack T. Evans Jr.
PARCEL 1 PROPERTY DESCRIPTION
A PARCEL OF LAND BEING ALL OF THE WEST1/2 OF THE NW1/4NW1/4, A PORTION_ OF THE
EAST1/2 OF THE NW1 /4NW1 /4, A PORTION OF THE NW1 /4SW1 /4NW1 /4 AND A PORTION OF
THE NE1 /4SW1 /4NW1 /4 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 95. WEST OF THE 6TH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NW1/4 OF SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF T}1E 611-1 PRINCIPAL MERIDIAN A BRASS CAP FOUND IN PLACE AND
PROPERLY MARKED; THENCE ALONG A STONEWALL. THE NORTHERLY LINE OF THE NW1/4NW1/4
OF SAID SECTION 10 S89'19'35"E 661.44 FEET; THENCE LEAVING SAID LINE
S00'00'00"E 1376.38 FEET TO A POINT IN THE CENTERLINE OF COUNTY ROAD 301;
THENCE ALONG THE CENTERLINE OF SAID ROAD S84'47'57"W.33.08 FEET; THENCE
LEAVING THE CENTERLINE ciF COUNTY ROAD 301 N00'02'30"E 57.95 FEET TO A POINT
ON THEI SOUTHERLY LINE OF THE WEST1/2 OF THE NW1/4NW1/4 OF SAID SECTION 10;
THENCE ALONG THE SAID UNE N89'26'34"W 631.76 FEET TO A BRASS CAP FOUND IN
PLACE WITH NO INSCRIPTION ACCEPTED AS THE SOUTHWEST CORNER OF THE NW1/4NW1/4
OF SAID SECTION 1o; THENCE LEAVING THE sOUTHERLY UNE OF THE WEST1/2 OF THE
NWI/4NW1/4 OF SAID SECTION 10 ALONG THE WESTERLY UNE OF THE NW1/4NW1/4 OF SAID
SECTION 10 N00'08'23"E 1323.07 FEET TO THE POINT OF BEGINNING. �.
SAID PROPERTY CONTAINING 20.17 ACRES AS DESCRIBED.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL 2 PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE EAST1/2 OF THE NW1/4NW1/4 AND THE ,
NE1/4SW1/4NW1/4 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6Th
PRINCIPAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NW1/4NW1/4 OF SECTION 1VTQWNSi11P 7
SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN A .LAVA STONE' FOUND IN PLACE
WITH THE TOP BROKEN OFF A CHISELED X ON THE SOUTH SIDE' AND 1,'16 ON ,THE t4CTR'[H
SIDE ALSO DEPICTED ON THE MORRISIANA MESA MAP; THENCE ALONG THE -NORTHERLY :UNE
OF 1HE NW1 /414W1/4 OF SAID SECTION 10 N8919'35"W. 855.08 FEET; THENCE LEAVING
•
SAID UNE SO0'00'00"E 1376.38 vt.t.I TO A POINT. IN THE CENTERUNE.'OF COUNTY,
ROAD 301; THENCE ALONG THE CENTERUNE OF COUNTY ROAD 301 N84'47'57"E 405.75
FEET; THENCE LEAVING THE CENTERLINE OF COUNTY ROAD 301 N00'02'30"E 13.91 s FEET
TO A POINT ON THE SOUTHERLY LINE OF THE EAST1/2 OF THE NW1/4NW1/4; THENCE ALONG
SAID UNE S89'26'34"E 250.00 FEET TO THE SOUTHEAST CORNER OF THE NW1/4NW1/4
OF SAID SECTION 10; THENCE LEAVING SOUTHERLY UNE OF THE EAST1/2 OF THE
NW1,'4NW1/4 ALONG TME EASTERLY UNE OF THE NW11'4NW1/ 4 OF SAID SECTION 10
I•IOO'02'30 E 1320.42 FEET TO THE POINT OE BEGINNING.
SAID PROPERTY CONTAINING 20.17 ACRES AS DESCRIBED.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL 3 PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NW1,14SW1,'4NW1/4 AND THE NE1/4SW1 4NWL 4 OF
SECTION 10, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6Th PRINCIPAL MERIDIAN MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A POINT IN TIE CENTERUNE OF COUNTY ROAD 301 WHENCE THE NORTHWEST
CORNER CF THE NW1, 4 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 95 WEST ,BEARS
3820'10 "ti 71 .75 FEET; ;THENCE 300'02'30"W 442.09 FEET; THENCE
1189'26' 4';'; 160.00 FEET; THENCE N47'56'42"W 360.71 FEET; THENCE •
N00'02'30"E 159.05 FEET TO A POINT IN THE CEN IE UNE OF COUNTY ROAD 301;
THENCE ALONG THE CENTERLINE OF COUNTY ROAD 301 N84'47'S7"E 438.83 FEET TO THE
POINT OF BEGINNING.
SAID PROPERTY CONTAINING 3.48 ACRES AS DESCRIBED.
COUNT; OF GARFIELD
STAVE. Cr C01.0iRADG
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CO
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Form No,
GWS -25
AQPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg„ 1313 Sherman St, Denver, Colorado 80203
(303) 886-3581
JACK T EVANS JR
48 MORNING STAR
PARACHUTE CO 8163.5-
(970)285-9104
PERMIT TO USE AN EXISTING WELL
LIC
WELL PERMIT NUMBER 197825
DIV. 5 CNYY, 23 WD 45 DES. BASIN MD
Lot Block: Filing: Subd►v:
APPROVED WELL LOC TION(
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 10
Twp 7 S RANGE 95 W 6th P.M.
DISTANCES FROM SE TION LINES
566 Ft. from North Section Line
369 Ft. from West Section Llne
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmoNS 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 37-92-802(3)(b)(II)(A) as the only well on a tract of land of 43.82 acres described as
that portion of the NW 1/4 of Sec. 10, Twp. 7 South, Rng. 95 West of the 6th P.M., Garfield County, being more
particularly described on the attached exhibit 'A'.
4) Approved for the use of an existing well, Constructed as a monitoring and observation hole under file #MH -26743.
5) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family
dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the
Irrigation of not over one (1) acre of home gardens and lawns.
6) The maximum pumping rate shall not exceed 15 GPM.
7) The return flow from the use of this 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.
8) This well shall be located not more than 200 feet from the location specified on this permit.
la -x-13
From: Wayne Shelton To: Jao< Evans
Date: 1416186 rime: 14:06:01
Pape 1 of 1
WELL COMPLETION AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER.
WELL PERMIT NUMBER : MH -26743
OWNER'S NAME (S): ,Jack Evans
Mailing Address : 40 Morning Star Dr.
City, St.,Zip : Parachute, Co. 81635
Phone: (970) 285-9104
C.F°F.F,CVI urw1.,r)
WELL LOCATION AS DRILLED : NW 1/4 N\v 1/4 Sec . 10 Twp. 7S Range 95W
DISTANCE FROM SECTION LINES : Ft. From Sec. Line. And Ft. From Sec. Line. Or
SUBDIVISION : LOT : BLOCK : FILING (UNIT) :
STREET ADDRESS AT WELL LOCATION :
4.
GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary
DATE COMPLETED : 10/17/95 TOTAL DEPTH : 150 ft. COMPLETED DEPTH : 150 ft.
5. GEOLOGIC LOG:
H0,Lt L'IM., III,)
1-I10M rtt)
10 (it
r),•7ii
Tyw „rM,II,rl,II ,1„,, „„iTyp)
9.0
0.0
30
000-130
Volcanics Rocks, Clays
6.5
30
150
130-140
Gravel
140-150
Wasatch Formation
7. PLAIf`J CASI'•JG
c r, 0,0
r n,d
w 111.;1,,
r,,,,,, (r1)
Too)
7.0
Steel
0.240
0.0
30
5.5
PVC
.250
20
130
PERF. CASING : Screen Slot Size :
5.5
P.
.250
130
140
`,WATER LOCATED : 130-140
REMARKS :
FII1?r I'a, :Y:.
Material:
Size
Interval :
J, I'a,:Y...r 1'laC9riWit
Type :
Depth :
10. GROUTING RECORD :
M. 11
.:L,,,unl
r),,,,i'
1117Hw 11
Pt ICOMcnI
cement
3 sks
6 q/sk
10-30
poured
11. DISINFECTION : Type : HTH Amt. Used : 1 oz.
12. WELL TEST DATA : [ ] Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD : Air Compressor
Static Level : 110 ft. DatelTime Measured : 10/17/95 Production Rate : 10 gpm.
Pumping Level : Total ft. Date/Time Measured : 10/17/95 Test Length : 2 hrs.
Remarks :
.,.w nd d�.ea»,n.rd. rrnuh Kerwin iuu)bm rv+ih»iamlwuly lh,,.nl , l I lIllwv inwl,nw wwvk wl.di�w (ru.uinun f;wi Jlnu144Ifl47.l)(n)i.hR alw nu Yinq l 11 wee»TT knl nlahT Il. pwr1 r'L«ww.r mdlwiJ imd
:llnl;l OIC O”, OCIO':: 11111 (ICm COnor.j
CONTRACTOR : Shelton Drilling Corp. Phone (970) 927.4182
Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095
Name / Title (Please Type or Print)
Wayne Shelton / President
Signature
Date
10/26/95
WELL COMPLETION AND TEST REPORERT
STATE OF COLORADO, OFFICE OF STATE ENG
WELL PERMIT NUMBER
FOR OFFICE USE ONLY
OWNER'S NAME (S) :Jack Evans
Mailing Address :40 Moriing Star Dr .
City, St., Zip : Parachute , Co . 816 3 5
Phone : ( 970) 285-9104
1/4 NW 1/4 Sec . 10 Twp. 7 S
ELL LOCATION AS DRILLED NW From Sec. Line. And Ft. From
DISTANCE FROM SECTION LINES : Ft. LOT : BLOCK
SUBDIVISION
STREET ADDRESS AT WELL LOCATION DRILLING METHOD
APPROVAL * GWS31-91-03
GROUND SURFACE ELEVATION
DATE COMPLETED : 01/26/96
5. GEOLOGIC LOG:
Depth
000-115
WATER LOCATED : 115 — 15 8
6. HOLE DIAM. (In)
FROM (ft)
7. PLAIN CASING
OD (in)
Wall Size
PERF. CASING : Screen Slot Size
8. Filter Pack
Material
Size
Interval :
REMARKS:
10. GROUTING RECORD
Material
Amount
11. DISINFECTION : Type HTH lemental Form.
12. WELL TEST DATA . [ 1 Check Box If Test Data Is Submitted On Supp
TESTING METHOD :Air Compressor production Rate 15 gpm.
Static Level 8 5 ft. Date/Time Measured :0 1 / 2 6 /9 6
Pumping Level • Total ft. Date/time Measured :01/26/96 Test Length . 2 hrs.
From (ft)
9. Packer Placement
Type
Depth :
Amt. Used : 2 oz.
Interval
To (ft)
Placement
poured
Remarks : "t""`coo° x and
1 rave real the statements made herein and know the contents thereof. and that they are true to m y knowtedfle. (P uant to Section 24-4.104 (13tta1 CRS.Phone o}ate92ts c41 82s QennY ,
is puresnaMe as a class 1 misdemeanor)
CONTRACTOR : Shelton Drilling Corp. No. (970)
Mailing Address : P.O. Box 1059 Basalt, Co. 81621
Name / Title (Please Type or Print)
Wayne Shelton f President
Date
02/01/96
FEB- 7-96 WED 11:09 AM SHELTOirI DRILLING CO
FAX 10, 9709273801
WELL COMPLETION AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
1.
WELL PERMIT NUMBER
3.
4.
OWNER'S NAME (S) :Jack Evans
Mailing Address :40 Morning Star Dr .
City, St., Zip : Parachute , Co . 81635
Phone : ( 970) 285-9104
FOR OFFICE UCE ONLY
APPROVAL # GWS 31.91-03
WELL LOCATION AS DRILLED : SW 1/4 NW 1/4 Sec . 10
Twp. 7S Range 95w
DISTANCE FROM SECTION LINES : Ft. From Sec. Line. And Ft. From Sec (UNIT)
Line. Or
FILING
SUBDIVISION : LOT . BLOCK : )
STREET ADDRESS AT WELL LOCATION :
GROUND SURFACE ELEVATION
ft DRILLING METHOD : Air Rotary
DATE COMPLETED : 01/30/96 TOTAL DEPTH :
5. GEOLOGIC LOG:
Depth
000-100
100-157
157 ft. COMPLETED DEPTH : 157 ft.
6. HOLE DIAM. (In)
FROM (ft)
TO (ft)
Type of Material (Size, Color. and Type)
9.0
0.0
Hard Volcanic Rocks
Volcanic Rocks, Clays Some Gravel
6.5
26
26
157
7. PLAIN CASING
OD (In)
Kind
Wall Size
From (ft)
7.0
Steel
0.240
5.5
PVC
.250
0.0
17
To (ft)
26
117
PERF. CASING : Screen Slot Size
5.5
PVC j .250
117
157
WATER LOCATED : 95 — 157
REMARKS:
8. Filter Pack
Material:
Size
Interval
10. GROUTING RECORD
Material
cement
Amount
3 sks
9. Packer Placement
Type :
Depth :
Density
6 g/sk
Interval
5-24
Placement
poured
11. DISINFECTION : Type : HTH Amt. Used : 2 oz.
12. WELL TEST DATA : [) Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor
Static Level : 95 ft. Date/Time Measured :01/30/96 Production Rate : 10 gpm.
Pumping Level : Total ft. Date/Time Measured :01/30/96 Test Length : 2 hrs.
Remarks
in the saond degree and
I have read the statements made herein and know the contents thereof, and that they ere true to fry knowrodge. (Ptr^>uent to Section 24-4104 (13)(e) COS the making or terse statements const4utes pehury
is plryairehe as a class 1 rrnsdernearar.)
CONTRACTOR : Shelton Dulling Corp. Phone (970) 927-4182
Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095
Name / Title (Please Type or Print) Signt
Wayne Shelton I President
Date
02/01/96
WELL COMPLETION AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
WELL PERMIT NUMBER :
S NAME ( ) .Jack Evans
Mailing Address :40 Morning Star Dr .
City, St, Zip : Parachute , Co . 81635
Phone : ( 970) 285-9104
ELL LOCATION AS DRILLED :
DISTANCE FROM SECTION LINES :
SUBDIVISION :
TREET ADDRESS AT WELL LOCATION :
FOR OFFICE USE ONLY
NW 114 NW 1/4 Sec . 10 Twp.
Ft. From Sec. Line. And
LOT : BLOCK
GROUND SURFACE ELEVATION it
DATE COMPLETED : 10/17/95 TOTAL DEPTH:
5, GEOLOGIC LOG:
Depth Type of Material (Size, Cour, aged Typo)
7S Range 95w
Ft. From
Sec. Line. Or
FILING (UNIT) :
DRILLING METHOD : Air Rotary
150 It
B. HOLE D ANL (In)
COMPLETED DEPTH : 150 ft
FROM (11) TO (fl)
000-130
Volcanics stocks, Clays
9.0
0.0
6.5
30
30
150
130-140
140-150
Gravel
Wasatch Formation
7. PLAIN CASING
OD (In)
7.0
5.5
K1n4
steel
PVC
Wail Stze
0.240
. 250
Ftnm (R)
0.0
20
To (f1)
30
130
PERF. CASING : Sc een Slot Sze :
5.5
PVC
. 250
130
140
WATER LOCATED : 130-140
REMARKS:
11. DISINFECTION : Type : HTH
6. Fitter Pack
Material :
Size .
Interval :
9 Packer Ptecamenl
Type
Depth :
10. GROUTING RECORD:
Material
Amon
cement
3 sks
Density Menai
6 g/sk 10-30
Placement
poured
Amt Used :
0z.
12. WELL TEST DATA : [) Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor
Static Level : 110 ft DatelTime Measured :10/17/95 Production Rate : 10 glom.
Pumping Level :Total ft. Date/lime Measured :10/17/95 Test Length : 2 hrs.
Remarks :
I hi,* Nal {h0 7 dikTicU R.e. Iw.ln RM . I1,R =Um% traeof, uv] wa C,q
CONTRACTOR: Shelton Drilling Corp.
Mailing Address . P.O. Box 1059 Basalt, Co.
Name /Title (Please Type or Print)
Wayne Shelton / President
CUR CO rtry &,O 410PC. (A+,Iiwi ro E kaon 14+104 (131(x) CRH. Rhe rt..tra of flaw mnenwr%s mrzstlhen WAr) in t to neoord Wpe a end
Phone (970) 927-4182
815'21 Lic, No. 1095
Date
10/26/95