HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-lOl(lO)(a)-(d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 2:20.49, the undersigned
FAYE B. FAAS, respectively petitions the Board of County Commissioners of Garfield County,
Colorado, to exempt by Resolution the division of a 36.58 acre tract of land into two (2) tracts of
approximately 10.85 and 25 .73 acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-lOl(lO)(a)-(d) and
the Garfield County Subdivision Regulations for the reasons stated below:
SEE ATTACHED LETTER
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following information:
A. Sketch map at a minimum of 1" = 200 ' showing the legal description of the property,
dimension and area of all lots or separate interests to be created, access to a public right-
of-way, and any proposed easements for drainage, irrigation, access or utilities.
B. Vicinity map at a minimum scale of l" = 2000' showing the general topographic and
geographic relation of the proposed exemption to the surrounding area within two (2)
miles, for which a copy of U.S.G.S. quadrangle map may be used .
C . Copy of the deed showing ownership by the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within 200
feet of the proposed exemption, mineral owners and lessees of mineral owners of record
of the property to be exempted, and tenants of any structure proposed for conversion;
and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community of municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve .-NOT APPLICABLE; and
H . Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973, or the
parcel as it exists presently is one of not more than three parcels created from a larger
parcel as it exists on January 1, 1973. '
J. A $300.00 fee must be submitted with the application.
Faye B. Faas -Pet1t1oner
214 Eighth Street. Suite 300
Mailing Address
Glenwood Springs. Colorado 81601
City State
(970) 945-2823
Telephone Number
11.\UtS l l'l\A.'ill'l:ll"llllN.l:X M
Reception No .... ?.a±';'z,:~
Recorded at ...... ~-~-... ,,-,]. ·1 i ..... , .
--··------·-.. ---·· -· -.. -· .
Tms DEED, Made. this 7th
1978 , between BARTON PORTER,
201, New Castle, Colorado
,;~·:: d ,!\.pr ·']
whose ;;..]dress is l'. (,,
81647
of the County of GD 1 ~jc..!.d ,, .. , :·t··
Colorado.ofthcfirstpart,and FAYE B. L'~.·,.s . <'In unrr::!rr.;,~,;
woman, ..
whose ]eg"al address is 559 Avenue A, l , ._: ' · I : : ~; l)
Cou11 Ly ·ii
-·--~-=----·~=--=--=========
l ·:ECUJ!TlEH':-; S'L\ ;,JP
I ~ ' :·;, . ., r.-'":J l .
'-·~ :::;::-:::--:-" ... -.·-·.-.... ' ·-..
l l li t (' ----·
90277
of the
WITNESSETH, that the said par~ Y
TEN AND N0/100-~~-----~------·
i -'! · .. '_,. .•. ': c·m ,:id(;r:.1ii 0n of the r.uni 0f
··· ··· ---·---·-------------------------------lJOLLARS .
to tht: said partY of the first part in .li :.;·:.r! 1·::i1l \,~ tl11• ~:ai 1l "'" .j, .. ., oft:.:-!.·::rn111i j1a rt, tli e: receipt ,.,\,~r co f i ~.
hereby confessed and acknowledged, ha S u ·:oi,-·,.,], k;i·;::iin<·•l. ~,,,~:.:-.I rc1nvPycd , and hy these present~ do es
grant, bargain, sell, con~ey and confirm unt:i i h:· ~:1 i:! p:~ r~i ·.·~ of l h:· ·;:,-.. ~id p :: rt, t.hr.ir hr.ir~ an cl nssi~n s forr.vcr, not.
in tenancy in common but in joint tenanc~;, ali t11<' ioi10Y:ii1i.: dcs -.'ribr·d J.:; or parcel of land, situa._te, lying nnd
being in the .. · Count> C\f Garfield and State of Colorado, to wit:
All that part .of the NE!t;NW~ of Secion 32, Township 6 South, Range 90 West of
the 6th P.M •. , lying Northeasterly of the Northeast right of way line of County
Road No. 312, together with, but not _limited to, the following list of water
.rights: Priority #119 6 cfpm 44.88 gpm
Priority #172H 15 cfpm 112 gpm
Priority #172G 25 cfpm 187 gpm
also known as street and number
TOGETHER with, all and .singular the hereditaments and appurtenances thereunto belonging,· or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim a'lld demand whatsoever of the said partY of the first part, either in law or
··equity, of, in and to_ the above bargained premises, with the hereditnments and appurtenances .
TO HAVE AND TO HOLD the said premises above barsraincd and ckscribcd, with the appurtenances, unto the said
parties of the second. part, their heirs and assign s for e ver. And thl' Haid p:i rt y of the first part, for him
sel . f his heirs, executors, and ndrnin is trntors do es cov enant, i.rrant, bargain and agree to and with
the said parties of the s _econd part, their heirs and assigns, that at the tim e of the ensealing and delivery of these pres-
ents she is .. well 'seized of the premises above conveyed, as o! gv(•d, sure, perfect, absolute and indefeasibl e
. _estate of inheritance, inla~,-iri fee simple, and ha s g·ood r ight, full power and lawful authority to grant, bar-
gain, sell and convey "the ·same in manner· :mil fo:-ni afor !'~:\id , and t•~~t :he sarTil' arc fr!!r' and clear from all fonner
-and other grants, bargains, sales, liens, taxes,-01£~.•.'!:r.a ;cn ~ :11H l t·nr u ~d·i: .. ·',.of \•:ha tt·yer kind or nature soever.
ii j:
1! ii
\i I ~
:;
I '
nnd the above bargained premises in the quiet nn1J'pcac~abi c p ossess io n ri[ the said parti es of the second part, their
h_eirs and assigns, against all and every pe1 ·so11 01 · pt•rso;i ,: Ja wfu l i :>' cl:ii ;;1ir.~ or ,t o claim th <· whole or a11y purt there of,
the said party of the first part shall and will W /\.f,P.A NT AJ\'JJ FOHEVEn DEFEND .
IN WITNESS WHEREOF the said vurt y uf t!"· firsl p:.11 ·L li:i s hereunto set his hnnd ancl
seal the day and year first above written .
Signed, Sealed and Delivered in the Presence of
. ,
I
!
!. ' /. .//) --·;· ~-.
'_. ; .:.:...c-:.-......... ::/'. .. ?':.l·:-:'.LJ..'.,ry~·-·· ... [SEAL]
I BARTON PO RTE R ,.
I
I
...................................... [SEAL]
1
1
I
j
ST ATE OF COLORADO
. r .
................................ County of .... G~.r.U.~J..~L. ...... J ·
The forei;Ding instrument was acknowleJi.:-\'<i hft:n: ::H • t !· : ..
. 19'J~ . by Barton Porter
. My commissi-on expires M ' . . '19 Witn·.·~~ ,, .. ~-
. -,y_ CQffiffilSSIOO expires /' pri/ ?O ' r . --
•' I ,_~,, 1 .J I~
.................................... [SEAL] I
i
I'
i ·
day of :· .. ~ •. ri·t:·""···.. I __ ,.~ 0-,o..1 -·o '·· ..
.~ I.', ,::. ·, I , , , '( "· . ·. I
! :,nd nnd official se;y-fv· 'J~~,;~ ~/ v • I
: ···.: ~-: .-r ~/ h' • \ I
' \·
I • ·-·.<' :. I I l 0 \ , .: I!
, .' '-· •• : • 1 Nolllr)' l'u bli-.:
". • ( "'-•'' I I
-. ( .. '"' ,. ,1:.
··,,, ./. • ..J t\ \ \ ,,,·
1 1 ~ \\\I I " tt:=;:=:=~:;=::=:=::::==::::::~=:===========================================::======================·=··=··="=·~·:~·~=·:~;:~.~~;~~=~~=·==-1:
f'o. 921 . ViARRANTY DEED To Joint Tenants. --Uradfur.I J'11U !i ,i;i r1L· 1.: ..... lr'.'..!·~·41'j !--~,.::1 :·!r~'-·t., Dc·n\·c r, Colorado ff1 j'J .~O ll i -5-77
Faas Exemption 3/12/96
The property i/question is a 36 .5 acre tract located approx . 7 .5 miles southeast of New Castle along
County Road 312 . The tract lies within the Garfield Creek valley, near its confluence with Belodi
Creek. The valley is dissected with a number of drainages creating irregular slope across the tract;
however, slope does not appear to be a limitation to development on this property. Vegetation
ranges from deciduous trees and shrubs in the creek bottom, to sage and annual grasses . There are
a few existing, presumably agricultural, structures on the property.
Adjacent land uses are chiefly agricultural, with a number of single family homes scattered in the
vicinity .
The applicant proposes to divide, by exemption, the 3 6 . 5 acre tract into 2 tracts of approx . 10 . 8 and
25 . 7 acres each. A narrative included with the application indicates an earlier exemption petition was
approved, creating a parcel southwest of CR 312 .
Deeds submitted with the application indicate the petitioner purchased the tract in question in 1978 ;
however, the split is requested based on Garfield Creek creating an impediment to joint use of the
tract. It is sta:ff s opinion that Garfield Creek does not create a sufficient impediment to joint use of
the property; however, in light of recent and historic decisions by the Board regarding the use of this
criteria, staff would leave the decision to the discretion of the Board.
The property is within the NR/RD zone district and all proposed lots are in excess of the two acre
minimum lot size requirement.
The applicant proposes to serve the 2 lots with a shared well, currently permitted for household use
only . In discussions with the Division of Water Resources, it appears this well is a domestic well and
if it is to be shared, the applicant must apply to the Division for an amendment to request the full use
of the well, before the well may be legally shared . Additionally, the applicant would be required to
demonstrate an adequate physical supply of water and record wellhead and well supply line easements
prior to the authorization of an exemption plat.
The method of waste water disposal is proposed to be the use of individual sewage disposal systems .
According to the Soil Conservation Service, there are 4 different classifications of soils, and most
soils are considered to have moderate to severe constraints to building site development and ISDS
placement. Staff recommends a plat note address these limitations .
Access to the 2 parcels would be from county road 312, with parcel 1 having direct access to the
county road and parcel 2 would require access easements .
No letter from the appropriate fire district has been received indicating this property is within a
particular response district. Staff suggests that prior to any final approval, the appropriate letter from
the appropriate district be received and made a portion of this file . Furthermore, staff suggests the
inclusion of a plat note addressing wildfire mitigation .
Any and all additional easements will be required on an exemption plat, the new lot created by this
request will be subject to paying the $200 school impact fee and upon adoption of road impact fees,
the new lot created by this proposal would be subject to that fee .
Today we received a petition regarding this proposal, which in summary, is generally not in favor
of the request and suggests the applicant undergo full subdivision review .
If the Board, in its discretion, feels that Garfield Creek creates an impediment to joint use, staff would
recommend approval of this petition, subject to the listed conditions.
S. DEPAHTMENT OF AGRICULTUHE
b'O'IIL CQNSERVAT ION SEHV I C E e
R. 91 W.jR. 90 W. •
',' ·) ''··
'.'.'R J.;.Re v 76
•
OLORADO DIVISIC JF WATER R EAlJ RCES
Centr.nnial Bldg., 1313 Sherman St., Denver, ~rado 80203
PERMIT APPLICATION FORM ------·---··-~--·-····----------
/\l'p i 1c .111 c111 111 u:.l
be cornµl.:te where
app l1 ca1Jlc. Ty pe o r
pr int ir1 ~~!\(t:_
!.G.!:":c l'Ju J ve r·st r ii-.es
{i i i ;;~1~~.:r t '.$ unlv:;s
l A PERMIT TO USE GROUND WATER
X1 A PERMIT TO CON STRUCT A WE LL
·-·s . ' -• .... -~ f \.
. ·--' '
<;;:. 1 I/\ PERM I T TO I NST/\LL /\PUMP
i 'lEl1 LJ\CEMENT FOl1 NO._--··---··--
ll ll[i.,l 1·d . )U r Ii LI\ -------------------
1.'/AT E I~ COURT CASE NO·---·-···
(1) !'\PPL I CANT -mailin!J Jd drc ss
N.C.ME --~ave 3 .. i ;'aas ---------------
ST REET 777 0 c o u n tv Road 112
CITY Ne·.·: Cas tl"'., Colocaco 816_'-_.~7 __
(5 t.1ln) (lip)
TELEPH ONE !'JO . --~9_8_L_,' -_2_1_8_8 _______ _
(2) LOCATION OF PROPOSED WELL
• Coun ty ___ G~a~r"-. _,_f_,,i,__,e"--. =1-'-"'ri~------------
NE NW _____ ·'.o f til e _____ %, Section 12
Twp. __,.,6 __ -~ . R ng __ __2.Q__ W __ 6_t_h __ P M
I E. I'll
(3) WATER USE AND WELL DATA
Proposed m;iximum pumping r <Jte (gpm) -----"-1-"-----
A ve r <1ge <Jnnual amount of gr ound wate/r
to be ;ipµropr1atc d (acre -fe et): 1 1_2 acr e feet
Nur11l1er of acres t o be irrig;,ited : ___ o~n~e __ a_c_r_f_.~----
lo o ', f'1oµo sed lot;,il dep!h !feet): ____________ _
1\quifer ground wJter is t u be obtained from :
Faa~:; Owner's we ll desi9nation --------------
GROUND WATER TO BE USED FOR:
( _)HOUSEHOLD USE ONLY · no irrigation 10)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK 12) ( ) IRRIGATION (61
I ) COM!\·1ERC I A L (4) ( ) MUNICIPAL (8)
)OTHER 19) ________________ _
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
N;i rrn: __ :_1,~_o_u_n_t _a_i_n __ D_r_1_· _l_l_i_n-",._~_C_o_. _____ _
s ireet ___ S_0_6_2 __ 1_1 l road
Ci 1 v C 1 o1w: o o cJ SD c in£ s , Co 1 o .
(S t.1tc) ! 7.10 )
Tele pilor i t: :'lo. _9Lc S -:_~~L~S __ l_ic No._ 69! _______ _
FO n O FF I CE U S E Of~L Y: DO NOT WRITE IN THI S COL.U Mi;
()7J 7 U'o-C,
Receipt No .-'----/ __ _
Bas in ______ Dist.
<;:__QJ~l_DITIONS_OF APPROVAh
This we ll 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 .
APPROVED PURSUANT TO CRS 1973, 37-92-602
( 3) ( b) (II) AS THE ONLY WELL ON A TRff T
OF 35 ACRES OR MORE DESIGlTATED AS ~
ACRES IH t( c ;.;/ /ii tv l1c I 5 E (". 3 .2 J
T.-b 5 .> ;2, 9 o u,; .. ,,. . b P. 1'1 ,
APPROVED FOR DOMESTIC USE, INCLUDING THE
IRRIGATION OF NOT OVER ONE ACRE OF HOME
GARDENS AND LAIVNS.
APPLICATION APPROVED
PERMIT NUMBER --::1~0~1~8=-c..7_1 ______ _
DATE ISSUED s E p 13 1978
EXPIRATl~TE SEP 13 1980
---~~~f,~i~--
BY (/?: (/,~d~z .ti __ .c/-_e---____ _
,r) ~/ s·-' :5 : D . J COUNTY ~· ____ _
(5) tHE LOCATION OF Tl a ROPOSED WELL and th e ar cil o n
whi c h th e water will be use d must be inuic atcd o n the diagram be l ow.
Us e the CENTER S ECTIO N (1 se c ti o n. 640 ac res) for th e w ell l o c <1ti o n .
+ -t--+ -+---+---+---+
I.( ___ 1 MILE, 5280 FEET----~I
+ + + + + I T +
I
-I-
i
+
-I
I
.i
(6),EWELLMUST BE l,,.OCATED BELO \fl{
b y d i sta nces f ro m sec ti on l i n es.
---~:~9-._ ft. f ro m 1'J 0 r th ~c c. l i~11:
;:?.:Z 'J'/~-. (n o r t ll or so u .tt1)
..l +.BB 1t1 ;sT Ea s-t-_____ ft . f ro m sec , l inL
(C.J !it o r we~t)
LO T_ ______ B L OCK ___ FILING# __ _
I
+ -1· NORTH SECTION LINE I SU BD IVI S I O N ------------f 1-----~-~~-~------~ --
+NORTH+ w _ z
-' I z
0
-!-I--u w
(/)
I-
(/)
-1 ,?! +-w ,.,: ::: -
I
I
0
I
+
I
I
I
·-t-
I
I
T m
l>
(/)
~
"! (/) m
r --~--!
I Z -~ -~ m
+ -
+
.J _ I ···\ ·
I
+ I
I
----1 -· I· + + I :
SOUTH SECTION LINE
I
+
I +
+
---1-
I
+ -+· I ' · l· + -1-
I I
I
+ + -+ --1 --·--j-
Th e sc ale of th e di agram i s 2 i n c he s = 1 mil e
Each sm all squ ar e repr ese nts 40 acre s.
I ·
WATER EQU I VALENTS TAB L E (R o unded Figures)
An ac r e-f oo t cove r s 1 acre of land 1 fo o t cl eep
1 cul.J1c f oo t pe r seco nd (el s) . . 44 9 gal lo n s p er m i n u t e (gp ml
A family o f 5 wi ll r eq u ire ap proxi m a t ely 1 acre·f oot o f wa t er p er year .
1 ac re -f o o t . . 4 J,5GO cub i c f ee t . . 325.900 gil llons.
1,000 gpm o ump ed continu o u sly f o r o n e d ay pr o d u ces 4.4 2 ac r e-f eet .
(10) LAND ON WHICH GROUND WATER WILL BE USED :
(7) Tl~/\CT ON WHICH WELL WILL BE
LOCATED Ow n er F a ye .tJ , , Faa s
N o . o f acres S + . W ill this be
i.es t he o n l y we ll o n thi s tr act) _________ _
(8) EBQPO ~ED~ASJ N ~ PROQRAM
Pl a i n Casing
in . f rom 0 It. to 80 f t.
in . f rom 80 ft . t o 10 0 f t.
P N fo r a t !~d cas ing
_____ in . fr orn It. to f t .
·---·-·-~·-· lrl. f ro 111 ft. to ft.
(9 ) FOR R EPL A CEME~JT WELLS givcdist<i nce.
an d direc t i o n fr o m old wel l and p l an s for p l u gg in g
i t:
--------·----·
fa ye "· Faa s 35 + Own er(s). N o. of acres:-----''--"'--------
L eg ol d es c r i p t ion NE 1 /4 ,NvJ 1 /1+, S ect . )2 , 'l'o ·..v n . 6~ l\2ne:e 9o:v , of th e 6th 1-';\'; l viD!'
(11) DETAILED DESCRIPTION o f
1 t 11 ~~1 u ;}11i 1 y ;~~nS 2Jercq l~1Js ~-r :'~ld::~~~~cl joi1;est i c wel l s mu st indicat e typ e o f di sr os JI .
syst em to be usr.d. l iou s ehold, l a vm a nJ g a r d en L ~;_L!J ~>~LlJ~r __ ._. _____________ _
~ep t i c l'a n k
(12) Q.Ifil_fi__WATER RIGHTS u sed o n th i s l and , i n cl u d in g wrl ls. G 1 v t ~ Rr:qi'.c;1r :1tio11 <i 11rl \\/,1w r l.0 11rl C 1se l\lu rnbe r s .
T y r e o r right U sed fo r (ru rpose) D rs rript io n of l and o n w h ich u ser!
t-r i o r i t v 1 1 9 , l 7 2 11 , l 7 2_j_· ---'i"-'r'--"-r-"i'"'FI.c.,_-a=-'t'-'i=-o~n'------
==========================-~========================------·-==.:::· ----· ----
(13) THE APPLICAl':JT(S}. STATE (S) THAT THE IN F ORM .ll.T I ON sc:r FO R TH HE H EON !S
TRUE TO THE ' 8 °EST ·aF HIS KNOWLEDGE .
c__. /' ( ----··· ./
____.,c_/_, '---R ""'·· ., /' !"" ,.:::_,.:::-£. -~ /. .f ~ ( //:, /-!' rJ ,
SI C.V A T U RE O F AP_PLI C AN TISJ
FAYE 8. FAAS
214 8TH STREET, STE 300
GLENWOOD SPRINGS, CO. 81601
(970) 945-2823
January 19, 1996
Mr. Don Zordel
New Castle Fire District
5033 335 Road #120
New Castle, Co. 81647
Re: 7550 County Road 312 (Garfield Creek)
Dear Mr. Zordel:
This letter is for the purpose of requesting a letter of approval from the fire district for the
property referenced above.
The legal description of that property is: NE1/4,NW1/4, SECT. 32, T6S , R 90W LYING
NORTHEAST OF COUNTY ROAD 312 . -35 acres
I am applying for an exemption to create two parcels to be split by Garfield Creek. One parcel
containing approximately 10 .85 acres und the other 25 .73 acres . A diagram is attached
showing the proposed division.
Your response is appreciated.
~~
FayeB. Faas
+ • I
I
I
I
I
I
I
I
I
I
I I /
I I
I
---
e /
/
/
/ o')
/ -v<::'
\-'-. / :t> .. ,4-.c.,~'+
/ <:P ~ "" .. ~ c.,C.·
/ ~ ....
/ 1.,'°
I
I
I
I
I
~A ... ~
<!'" ~·
~
NOO"OO 'OO"E
J10.4
/
/
/
0 lJ
CD 0 (JI
}> l
Q 0 " "' (1) +
........
I
~
/
,/
,/
..L..--
.fi.""' "'
-. .. c;..~ .....
z .. -.. c:.!~ E:'~
()
" "' ;;-
.:i. 5 ·
"
0 -..
0
0 .,
::,,
<>
Q
,/
N oo-00 ·00~£
257 .76"
CJ)
(D
0
•
G-J
N
.~t'"c:,..r:...~ e qC:... q'-"
'1.'>· .....
z
fTl
~
~
~ z
~
~
~
~
NOO"OO"OO"(
1009.s.l
u N
(JI
-..J 0 (.,I
}> l
n 0 i>
(II (1) +
........
I
N
Noc-00·00·£
'4 95.46.
"' ~g
..., d o o 8 ~
VJ
0
0
CD
I
I
I
I
FAYE B. FAAS
214 8TH STREET, STE 300
GLENWOOD SPRINGS, CO. 81601
(970) 945-2823
January 19, 1995
Board of County Commissioners
GARFIELD COUNlY COURTHOUSE
109 Eighth Street
Glenwood Springs, Co. 81601
Re: Application to split by natural feature or exemption -7550 County Road 312
Dear Commissioners:
Pursuant to the Garfield County Subdivision Regulations, I respectfully apply to the Board of
County Commissioners for the right to divide the above referenced parcel into two, consisting of
10.85 acres and 25.73 acres.
The two parcels are naturally divided by Garfield Creek, as shown on the sketch map enclosed
with this application.
This property has been owned by the applicant since 1978, a copy of the deed is enclosed.
There has been one division, either by natural feature or exemption since 1973. That being the
parcel lying southwest of County Road 312 .
There is a permitted well on this property, a copy of which is enclosed with the application.
The proposed lots will be served by a ISDS waste water system. No connection to a community
water or sewer system will be sought for the property. Access will be from an existing drive
off County Road 312. An easement through parcel 1 will be granted to parcel no. 2.
Your attention to this application is appreciated.
~~~ ~aas
Enclosures
FAYE B . FAAS
214 8TH STREET, STE 300
GLENWOOD SPRINGS, CO . 81601
{970) 945-2823
REFERENCE: APPLICATION FOR EXEMPTION -7550 COUNlY ROAD 312, NEW CASTLE, CO .
0 1 5 KIRBY BROMLEY
7518 312 ROAD
PROPERlY OWNERS WITHIN 200 FEET
NEW CASTLE, CO. 81647
0 4 2 HAROLD C. & ARL YS N. HANSEN
35448 HWY 47 N.W.
CAMBRIDGE, MN. 55008-7563
0 4 1 BERNARD LONG
7700 312 ROAD
NEWCASTLE, CO. 81647
0 1 1 DONALD TRISCH
P.O. BOX512
KERRVILLE, TX. 78029-0512
0 1 2 THEl..D6. COOK
P.O. BOX392
GOLDEN, CO. 80402-0392
0 4 6 BLANCHE RICHEY
1171 MEMORIAL DR. APT. 17
HOUSTON, TX. 77024-7223
0 5 0 PERRY & MARY RODREICK
5435 311 ROAD
NEW CASTLE, CO. 81647
0 5 6 LONNIE, ALICE & STACEY SCOTT
251 EMMA ROAD
BASALT, CO . 81621-8309
1 4 9 GERALD & KATHERINE RICHARDSON
7398 312 ROAD
NEW CASTLE, CO. 81647
SEO-WTR DIV 5 TEL:303 -945 -5 665 Mar 0 1 96 16:17 No.002 P .01
Toe . Sr;", 3TATE ott COLORADO . Co.!Dept.
Phone# Phone # "f tf.) ,)~
Fax#
.,, •• IS-7 4
1J1 J :>herm;,n :.rre<:t, Koom 818
Ocnvef, Colora do 80203
rhonc (JOl > 866· )5111 December 22, 1993 Roy Romer
Covrmor FAX (303) 866-3589
POLICY MEMORANDUM 93-4
KcnS•lau• c x«vtive Di,ect<>t
H•I 0 . Si"'PiOn
Slate Enginttr
SUBJECT: Use Restrictions for Permits Issued as the Only Well on 35+ Acres
The following standards are adopted as policy to provide for the consistent evaluation and
conditioning of applications for new well permits and requests to amend the use of existing wells
approved as the only exempt wen on a tract of 35 acres or more under the provisions of Section
37-92-602(3){b)(ll). Only wells outside designated ground water basins are affected.
. '• ~ ,.
This policy becomes . effective January 1, · ~-994 and st:tall be mqd~ed . or revoked only in writing.
1.
2.
New wall permits approved pursuant to Seetion si-s2-6o2(3)(b)(li)(A) as the oriry well on
a tract of 35 acres or more and for use as described in 37-92-602(1)(b), shall be
conditioned. to ,provide for all the us~ d~orl.bed fn "1at ·Sl!bs~ctiq_ry •. incll~ding .use .in up
to three (3) $1ngl~fam!ly dwelllngs, r~ardl~~ Qf ~e~~r,,9r~nol~~ ~pllcant r~qyest~d
any speclfiq ,n.umb~r of:qwel!ing un~s ,Qr,_m.l :tf\e.omer uses: .•. Pr9ylq~ that if the only. use
requested ·is. wate~ing .of..livestoek <:>n. a farm)~.r~rancti ,suet) .. pennltwlll . lirriited .the use to
only watering . of liv~stocf5 oo a fa(ro or (8Q_qh._,. ,. ; ·,: . · .. >.. ·>· .. , , .. _,. . :
• : :_ •••• :: •• '.:,,_.-;~; ·;:··~;.·:··. ';~.\\• 1. :·-; • :'\. :,1. . .·. · ... · .
Requests to amend existing well permits, 'Issued under the provision of Section 37.92.
602(3)(b)(IQ(A) (or 602(3)(b)(ll} J as the only well on a tract of ~5 acres or more, to allow
use for all or any of the uses described In Subsection 37-92-602(1)(b), including use in
up to three stngte-famlly dwellings, shall be approved provided the documents Indicated
below are submitted. No fee shall bo charged for this ser.vl~ .. A request lo amond is
appropriate any time the condition of approval° \)ses are less than or not specific to the
use desired .. . .. · ...
··' .. -
a. A letter, signed by the . ~piicant, requesting the permit amendment and
addressing the uses desired. · ·
b. If the applicant for tha amendment is not the original applicant of record in the
Division's files, an application for a change In ownership/address (Form No. GWS-
11) and a copy of a deed showing that they are the owner(s) of the 35+ acres
described In the existing well permit.
c . A legal description of the 35+ acre tract, if that information has not already baen
provided.
tf.,P d . .f 'f--ct1~ D. Simpson
State Engineer
HDS/SPUsl
SEO-WTR DI V 5 TEL :303-945-5665 Mar 01 96 16:1 8 No.002 P.02
Policy 93-4 .
Decemt>er 22, 1993
., 2
CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 934
PROBLEM
A procedure adopted in 1981 or 1982 required all permits, approved under the provisions of Sections
37-92-602(3)(b)(ll) as the only well on a tract of 35 acres or more , to be limited to serving ona slngle -
famlly dwelling unless specifically indicated otherwise in the appiication. This has resulted in additional
work and expense for the Division , and additional expense for the well ownors when applications for
extended use of the existing wells were required.
DISCUSSION
The existing p rocedure was a response to a belief that If we did not limit use on these 35+ acre tracts
to only one dwelling, a ·prollferation of divisions ·of land would occur from counties exempting :certain
divisions of land . This would result . !n an .Increased potential for Injury to other water rights in
overappropriated systems ~ · · · · · : · .-, · · · •, .. ' ,'·: .. : ....... < ., -
It has been the Division 's 'experlence that our restrictions did not result in a reduction of the number of
divisions ofl~nd that were 'oecurrlng;·and that our proeedure only forced wen Owriers to apply for permits
to extend the use.'ofthelr exlsting ·wells ;.whlch:.WOtJld 'then be appi'oved 'sl11ce 'the·DIVisiori did not find
that there ·was'·sUffielerit e'Videnee of ln)ufy'\o'o'Ver'OOme·the presumptions asprOVided In Section 37~92-
602(3)(b)(ll)(A). This uttlmately only resulted In Increased work for the Di\iisioh In approving well permits
whose c;x>st is not fully funded by the well permit application fees.
:.· ... ·''·. ;. -~_ .. : :.:'': __ ··.-:.~b :.::.c:·. ::·:;. ·. . ·.1
: .
SOllJTION .
:-· :·.
Ttiree ~optipns ai:>pear to be available. ·,·
1.
2.
3 .
. ;,
Continue the current procedure of limiting to one dwelling, unless otherwise requested,
and require filing of an application to e.><Pand the use of the well .
Establish a new policy that wlll allow app"roval for up to three single family dwellings, for
all new permits approved for domestic type use on 35+ acre tracts, and will allow for
amending exlst1!19 permits . .
Revoke the current procedure concemlng new well permits, but do not adopt a new
policy.
RECOMMENDATION
The Second option appears to be the most reasonable since It provides clear direction to the staff and
public, and reduces costs.
('
e e
GARFIELD COUNTY
Building and Planning
March 12, 1996
Ms. Faye Faas
214 Eighth Street, Suite 300
Glenwood Springs, CO 8160 I
RE: Faas Subdivision Exemption
Dear Faye,
On Tuesday, March 12 , 1996 , the Board of County Commissioners conditionally approved your
petition for exemption from the definition of subdivision . The approval is subject to the following
conditions, which must be completed prior to the authorization of an exemption plat:
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 . The Board may grant extensions of up to one
( 1) year from the original date of approval.
4 . That the applicant shall submit $200 .00 , per lot, in School Impact Fees for the creation of
all exemption parcels .
5 . That the following plat notes be included :
"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 ."
"Upon adoption of road impact fees by the Board of County Commissioners , the lots created
by this exemption shall be subject to paying the fees, paid at time of building permit
application, paid by the building permit applicant."
"This exemption was approved based on the use of a central well and shared water system .
I 09 8th Street, Suite 303 945-8212/285-7972 Glenwood Sp1-iugs, Colorndo 8160 l
There is no assumption that a household use only well will be a dependable water supply .
Any purchaser of a parcel ofland 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 either an individual water
storage tank, minimum capacity of I 000 gallons, be installed at each lot or a central storage
tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central
water system . This shall be done at time of building permit application at the expense of the
building permit applicant."
"Soil conditions on the site may require engineered septic systems and building foundations .
Site specific percolation tests at the time of build ing permit submittal shall determine specific
ISDS needs on the site."
"There shall be no more splits, by exemption , on either lot created by the approval of this
exemption request."
6 . The control of noxious weeds shall be the responsibility of the landowner .
7 . 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 . Criteria for
demonstrating the quality, quantity and dependability of a well or a shared well system:
a) Both wells be drilled and a 4 hour pump test shall be performed on each;
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
water level ;
c) The results of the 4 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 I 00
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 independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
8. That the appropriate fire district respond stating its approval of the exemption request and
additionally identifying the parcels as being within its emergency response district.
9. That, prior to final approval, the Planning Department shall receive a response from the
Division o f Water Resources stating that the well in question is permitted to supply water for
up to three (3) single family dwellings.
If you have any questions regarding these conditions, please do not hesi t ate to contact this office.
Sinc erely,
~/0
Eric D. McCafferty
Garfield County Planner
WE THE UNDERSIGNED OBJECT TO THE REQUEST FOR A SUBDIVISION
EXEMPTION FOR PROPERTY OWNED BY FAYE FAAS, PRACTICALLY
DESCRIBED AS A PARCEL LOCATED APPROXIMATELY SIX MILES
SOUTHEAST OF NEW CASTLE ( ON CTY. RD 312).
The currently existing size lim it of 35 acres was put
into force to limit the impact of subdivisions in regards to
roads, water and environmental issues. Increased traffic on
County Road 312 will necessitate increased maintenanc e and
improvements to provide an adequate roadway.
By granting this exemption, the path would be defined
for other land owners in the area to follow suit, and the
domino effect of development would threaten the open space
concept and further the financial plight of Garfield County.
Therefore, we feel that if this exemption is to be
granted, the full Sudivision Review Procedure should be
adhered to, such that all interest e d parties, i.e residents,
landowners a nd county officials will be aware of the total
impact of this and other small acreage subdivisions on the
overall county land use plan.
Therefore, we the undersigned urge the Commissioners to
deny the "Request for Exemption" and require Faye Faas to
undergo a full Subdivision Review Process to ensure the best
use of county resources.
7 /di 9' 4' <I 3/;.z_
/V~?J c ·~!'J;l/,z. c~ . .ji/£ 1;17
97a 9,£L/-,:t#3a
lq .. QJ,~--
bc.ef)\0-. L 1 N~ £,ch<\-J..sv--)
T ~ 1 /3 c /!. -:;( I )...
ff:;~~
~b -Y--a !fo « ,d J L~
JYe,ud!a.s rJ e7 <Ba, ~h '17 -s/;/f"
~----------------------------------~--------
~oJri7li~
/VI I c ha-e: L L M J ftJ u fP<--J/z:t_
1,19~ 3/-'l.-/?q, IVf!.,u) CaS/J e CcftJ
qgg _qcfi3 3-,11 -c;t
/3r 1aUJ77/?~~.
d~d) fd cfOCJ-~J>
3D3-C/3~-9</33 -7 -//-9C-
..... ,...
FAYE B. FAAS
214 8TH STREET, STE. 300
GLENWOOD SPRINGS, CO. 81601
(970) 945-2823
·,""'·+ . ' .·· ... -. ... ,.._,_ .' ' ' .• 'l h .•.
November 4, 1996
Mark Bean
Garfield County Planning Department
109 Eighth Street
Glenwood Springs , Co . 81601
Re : Faye Faas Exemption No . 1, Brannan Exemptions No.1 and No. 2
Dear Mark:
I would like to request an extension of thirty days to complete the documentation required for
the three exemptions referenced above. The final survey plat for one exemption has not been
finalized by the surveyor. Also, the samples sent to the laboratory were sufficient to conduct
one test only, and a second water sample must be subm itted to perform the nitrate test. An
extension until December 4th would be appreciated.
Yours truly, { _
e-fe;::c~e_/
Faye B. Faas
,
/> /.
!.f -. ;,
.~·
!/
i /I . :.J -.' /. -.~ ' .,
SCHENK, KERST & deWINTER, P.C.
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Mark Bean
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 8I601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 94 5-2440
June 19, 1996
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Faye B. Faas
~ JUN 2 0 1996
Subdivision Exemption of a 36.58 acre tract of land into two (2) tracts of
approximately 10. 85 and 25. 73 acres each
Dear Mark:
On behalf of Faye B. Faas, we would request~~ extension of time for an additional 120
days to complete the subdivision exemption docume1!\ation for this property . The surveyor
employed by the Applicant has not completed the fi\al survey plat. The Commissioners
extension will be certainly appreciated . \
JRS/clh
cc: Faye Faas
11 :\JRS IF AAS\DEAN .2
FAYE B. FAAS
214 8TH STREET, STE 300
GLENWOOD SPRINGS, CO. 81601
(970) 945-2823
November 22, 1996
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Stree t
Glenwood Springs, Co. 81601
Re: Faas Subdivision Exemption No. 1
Dear Mark:
Enclosed are the following items required for final approval of this subdivision:
1) Final Plat
2) Results of well test performed by Samuelson Pump Co.
3) Amendment to well permi t No. 101871
4) Letter from Donald L. Zordell Chief, Burning Mountain Fire Protection District
5) Results of water quality testing done by Grand Junction Laboratories
6) Well Sharing Agreement
7) $400.00 School Impact Fee
I believe this completes the requirements of the Garf ield County Planning Department.
Sincerely, ~5~
· Faye B. Faas
cc: John Schenk
• SAMUELSON PUMP CO. INC.
WATER SYSTEMS P.O .. BOX 297
GLENWOOD SPRINGS
COLORADO 81602
SALES, SERVICE & INSTALLATION
945-6309
Faye Faas
214 8th St. Suite 300
Glenwood Springs, Co. 81~01
Attn; Faye
June 16, 1996
Qn June 10, 1996 a well test was conducted on a well at
7550 County Rd. 312. The following i nformation was obtained;
Well Depth------------------320'-0"
Casing size-----------------5"(PVC)
Standing water level---------13'-7"
Drawdown @ 5 gpm-----------65'-7"
Total Test time-------------24 hrs.
Production is greater than----5 gpm
This test was conducted with the existing pump and related
equipment This well will deliver mo r e tha>: 7200 gal. per day
and could supply additional houses. The well recovered back
to 13'-8" in 35 min. after pumping for 24 hrs. This would
indicate a total production much greater than the pumping rate
of the test. If you have any quest i ons please call me Raun
Samuelson at 945-6309.
Sincerely
Raun Samuelson
Permit No. 101871
Faye B. Faas
Page 2
Pursuant to Policy Memorandum 93-4, the conditions of approval of permit no. 101871 are changed
to:
1) Tiris 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
36.24 acres described as that portion of the NE % of the NW % of Sec. 32, Twp . 6 South,
Rng. 90 West of the 6th P.M., Garfield County, lying northeasterly of the northeast right-of-
way of County Road No. 312.
4) The use of ground water from this well is limited to fire protection, ordinary household
purposes inside three (3) single family dwellings, the irrigation of not more than one acre
of home gardens and lawns, and the watering o f domestic animals .
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well m'.lst be through an individual waste water
disposal system of the non-evaporative type where the water is returned to the sa me stream
system in which the well is located.
7) Tiris well shall be located not more than 200 feet from the location specified on this permit.
J]) (c -;)._<;-1 l
e .. ·
: Burning Mountains
Fire Protection District
' r '" • . ' . .
Board
Ross Talbott -Chairman
Joe Montover
Norm Brown
Tom Voight
Gordon Witzke ·
September 28, 1996
SUBJECT: EXEMPTION
TO WHOM it MAY CONCERN:
Box236
Silt, CO 81652
'
Don Zordel -Chief
Stu Cerise -Assist. Chief
...
This is to inform you that the property at 7550 County Road 312 is within the Burning Mountains
Fire Protection District and we do provide fire protection to same. It should be noted that due to
distance from the .fire stations response time Will be slow.
Burning Mountains FPD
t
JOHN C. KE.ART & CO.
GRANO JUNCllON lAHORAlORlfS
-------435 NORTH AVENUE • PHONE 242-76 18 •
Received from:
ANALYTICAL REPORT
Fay e Faas
94 5
214 8 th S t
GRAND JUNCTION, COLORADO 81501 --------
Gl e nwood S pr ings , CO 8160 1
3 076 water Customer No ·------------Laboratory No·------------Sample ___________ _
1 1 /1 3/96 Date Received __________________ _ 11 /20/96 Date Reported ___________________ _
S amp l e
Ni tr a h ? <N)
3076
2 45 Rd.
2 02 6
\). 25 ff1 g/ 1
3077
335 Rd .
4039
0 .78 mg/l
I 3078
3 1 2 Rd.
7550
0 .5 4 mg /l
!'JOTE ~ Thi ~=.; ·:=;.=:trnp 1 e '·Jou l d be con~=.; id E·1 ·-· eel '1 ~;a-f E? 11 f 01··-di'-i 1-·, kin CJ , Etc: c or-· din q
to Colorado Dept. of Healt h guidelines. Wate r must h ave less than one
D:i. i--e c:: Luc-:.
e
JOHN C. KEPHART & CO.
GRAN~ J~NCllON lABORAIORlfS
-------435 NORTH AVENUE • PHONE 242-7618 •
Received from:
ANALYTICA L REPORT
Faye Faas
9 45
2 14 Bth St
GRAND J UNCTION , COLORADO 8 1501 --------
Glen wood S prings, CO 81601
29 1 8 wa ter
Customer No·------------Laboratory No·------------Sample ___________ _
10/16/96 10/29 /96 Date Received __________________ _ Date Reported __________________ _
Sample
Total Col ifot-m
Bc\C:t.E'r-i c\
2918
4039 --335 Rd
Ne1-J Cast 1 e, CO
0 colonies/100ml
2919
· / 7550 -312 Rd
V Ne1-J Castle, CO
0 c olonies/100ml
~,j UTE; Tht::.1 ·::;;:-? ~:,a.1iipl.i0?~:;; i:'l f -E· cc:in~;;ic:ltc:~1· .. f~d ''~;af t-:•'' for-cJr -inkin i], ;;-;c:c:ot-·din~1 to
Colo~ado Dept. of Health guidelines . Water mu s t have les s than one
colony coJifor-n-1 b . .=..ct.E·1 r-ia to bt:.· c:c;n·::oidt::'l'·r~d ··~:;,:::-1-ft-:·. ''
502~75' B-1003 {~.J~S 12911996 10: OSA PG 6 OF 10 (;
DECLARATION OF WELL-SHARING AGREE1\1ENT
THIS DECLARATION OF WELL-SHARING AGREEMENT is made and entered this
__ day of December, 1996, by FA YE B. FAAS (hereinafter "Declarant"), WITNESS ETH:
WHEREAS, Declarant is the owner of certain real property in Garfield County,
Colorado, more particularly described as follows:
ALL THAT PART OF THE NE 1.4NW!Ji OF SECTION 32, TOWNSHIP 6
SOUTH, RANGE 90 WEST OF THE 6TH P.M., LYING NORTHEASTERLY
OF THE NORTHEAST RIGHT OF WAY LINE OF COUNTY ROAD NO. 312;
(the "Property"); and
WHEREAS, Declarant has received the approval of Garfield County to create from the
Property two (2) lots to be known as Parcel Nos. 1 and 2 , as depicted on the Faas Subdivision
Exemption Plat recorded on , 1996, as Reception No. in the
records of the Clerk and Recorder of Garfield County, Colorado (hereinafter the "Exemption
Plat") ; and
WHEREAS, the description of said Parcels are as follows :
PARCEL 1
A TRACT OF LAND SITUATED IN THE NEIANWIA , SECTION 32 ,
TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING
NORTHERLY OF THE CENTERLINE OF GARFIELD CREEK, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH Yi CORNER OF SAID SECTION 32; THENCE
ALONG THE EAST LINE OF SAID NE 1.4NW!Ji S .00°00'51"W. 869.18 FEET
TO THE CENTERLINE OF SAID GARFIELD CREEK; THENCE ALONG
SAID CREEK CENTERLINE THE FOLLOWING TWENTY-TWO (22)
COURSES : N .53°30'03"W . 21.04 FEET; S.66°48;'17"W . 84.74 FEET;
N.49°30'27"W. 96.23 FEET; N .23°36'36"W . 102.19 FEET; N .37°14 '47"W.
48 .60 FEET; N.49°14'48"W. 44.01 FEET; S .66°19'36"W . 55 .76 FEET;
N.66°31'47"W 43.42 FEET; S .84°26 '00"W. 195.45 FEET; N.25°58 '29"W.
46.62 FEET; S.88°12'18"W 96.42 FEET; N.45°21'03"W . 47.87 FEET ;
N .81°32'37"W. 83.49 FEET; S.32 °09'43"W. 51.34 FEET; N .81°35 '11"W.
49.04 FEET; N.00°58 '19"W . 109 .84 FEET; N .55°50'32"W . 59.80 FEET;
N.44°39'52"W. 136.99 FEET; N.67°45'52"W. 163.50 FEET ; N.35°17'26"W.
86.33 FEET; N.19°59'44"W. 40.24 FEET ; N.43°01'37"W. 132 .02 FEET TO
THE WEST LINE OF SAID NEYINW!Ji; THENCE ALONG SAID WEST LINE
N.00°0l 'lO"E. 138 .91 FEET TO THE NORTHWEST CORNER OF SAID
ll:VllS\FAASl l'i\ASt:XTI . WSA 1
502575 ( ---B-1003 P-836 1~/1996 10:05A PG 7 OF 10
NE1ANW1A; THENCE ALONG TtlE NORTH LINE OF SAID NE 1ANW1A
S.89°48'36"E. 1319.25 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 17.821 ACRES AS DESCRIBED .
PARCEL 2
A TRACT OF LAND SITUATED IN THE NE1ANW 1A, SECTION 32,
TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING
SOUTHERLY OF THE CENTERLINE OF GARFIELD CREEK, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
GARFIELD CREEK AND THE EAST LINE OF SAID NE1ANW1A FROM
WHICH THE NORTH 1A CORNER OF SAID SECTION 32 BEARS
N.00°00'51 "E. 869.18 FEET; THENCE ALONG SAID CREEK CENTERLINE
THE FOLLOWING TWENTY-TWO (22) COURSES: N.53°30'03"W . 21.04
FEET; S.66°48;'17"W. 84 .74 FEET; N.49°30'27"W. 96.23 FEET;
N.23°36'36"W. 102.19 FEET; N.37°14'47 "W. 48.60 FEET; N.49°14 '48"W.
44.01 FEET; S.66°19'36"W. 55.76 FEET; N.66°31'47"W 43.42 FEET;
S.84°26'00"W. 195.45 FEET; N.25°58'29"W. 46.62 FEET; S.88°12'18"W
96.42 FEET; N.45°2l '03"W . 47.87 FEET ; N.81°32'37"W. 83.49 FEET;
S.32°09;43 "W. 51.34 FEET; N.81°35' 11 "W. 49.04 FEET; N.00°58 ' 19"W .
109.84 FEET; N.55°50'32"W. 59.80 FEET; N.44°39'52"W . 136.99 FEET ;
N.67°45'52"W. 163.50 FEET; N.35°17'26 "W . 86 .3 3 FEET; N.l9°59'44"W.
40.24 FEET; N.43°01'37"W. 132.02 FEET TO THE WEST LINE OF SAID
NE 1ANW1A; THENCE ALONG SAID WEST LINE S.00°01'10"W . 295.40
FEET TO THE NORTHEASTERLY RIGH T OF WAY OF COUNTY ROAD
#312; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY THE
FOLLOWING FIVE (5) COURSES: S .27°28'42"E. 302.02 FEET; 185.31
FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 1170.18 FEET, A CENTRAL ANGLE OF 09°04'23" AND A CHORD
WHICH BEARS S.32°00'53"E. 185 .11 FEET; S.36°33'05"E. 177.81 FEET ;
333.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 866.63 FEET, A CENTRAL ANGLE OF 22°03'58" AND A
CHORD WHICH BEARS S.47°35'04"E. 331.70 FEET; S .58°37'03"E. 194 .65
FEET TO THE SOUTH LINE OF S.PJD NE1ANW1A; THENCE ALONG SAID
SOUTHERLY LINE S .89°49'33"E. 564.61 FEET TO THE SOUTHEAST
CORNER OF SAID NE 1ANW1A; THENCE ALONG THE EAST LINE OF
SAID NE1ANW1A N.00°00'51 "E. 455 .32 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAINS 16 .3 93 ACRES AS DESCRIBED.
WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. 2,
pursuant to Colorado Division of Water Resources Approval No . 101871; and
11 :\IRS\FA....S f>..\St:\TLWSA 2
1
(-
502575 . B-1003 P-837 12/20~96 10:05A PG 8 OF 10
WHEREAS , the Well may provide up to 15 gallons per minute of water to be shared by
Parcel Nos. 1 and 2 for ordinary household purposes, fire protection, the watering of poultry,
domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens
and lawns.
NOW, THEREFORE, Declarant hereby makes , declares, and establishes the following
covenants, conditions, restrictions, and easements (the "Agreement") concerning the future
ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant
facilities , and related matters . From this day forward , the Property shall be held, sold and
conveyed subject to this Agreement.
1. Ownership of Appurtenant Facilities. The owners of Parcel Nos . 1 and 2 shall
each own an undivided one-half interest in and to the Well, pump, a common water storage tank
of not less than 2,000 gallons in capacity, meters , and associated facilities for the withdrawal
of and storage of water from the Well. In lieu of a common watr.r storage tank , the owners may
agree in writing to the use of individual water storage tanks on each parcel, which tanks shall
each be a minimum of 1,000 gallons in capacity. The owner of Parcel No. 2 shall be the sole
owner of the pipeline necessary to deliver the water from the Well to any residence located on
Parcel No. 2 . The owner of Parcel No . 1 shall be the sole owner of the pipeline from the
aforesaid well to any residence located on Parcel No . 1.
2. Easements . Subject to a reservation for the benefit of the other owner of a Parcel,
Declarant shali convey to each buyer of a Parcel the nonexclusive easements as shown on the
Exemption Plat for the installation , operation and maintenance of a water pipeline for the benefit
of the respective owners of Parcel Nos. 1 and 2. Should any owner desire a more specific legal
description of the alignment of the pipeline and easement , such owner may , at such owner's sole
cost and expense, survey the pipeline alignment, and the owners agree to execute any necessary
quit claim deeds in order to accomplish such purpo se .
3. Operation, Maintenance and Repair Costs. Operation , maintenance and repair
costs associated with the Well, the pump, meter, common water storage tank (if any) and
associated facilities for the withdrawal and use of water from the Well shall be shared equally
among the owners of Parcel Nos. 1 and 2. The owners of Parcel Nos . 1 and 2 shall be solely
responsible for the costs of maintenance, operation, repair, and replacement of any facilities used
solely by that owner, including individual service lines. The owners agree to cooperate in any
maintenance, operation, repair, replacement, or improvement of common facilities . In the event
the owners are unable to agree upon any required maintenance, repair, replacement, or
improvement, either owner shall be entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the common
facilities. In the event a owner determines to undertake such work unilaterally, such owner shall
notify the other owners in writing. The owner undertaking the work shall upon completion
provide the other owners with a written statement of the work performed and the other owner's
proportionate share of the costs of same.
4. Operational Costs. Each owner shall install at such owner's own expense a meter
on such .owner 's individual service line to measure water use . The monthly cost of power to
3
502575
. . (-
'B-1003 P-838 . 12/20/1~ 10:05A PG 9 OF 10
operate the Well shall be divided among the owners of Parcel Nos. 1 and 2 in proportion to the
amount of water each owner used during the preceding month.
5. Payment of Common Expenses. The owner of Parcel No. 2 shall be responsible
for collection each owners' share of common expenses. Each owner shall pay such owner's
proportionate share of common expenses within 30 days from the date a statement of expenses
is presented for payment. In the event a owner fails to pay such owner's share within 30 days
of presentment, interest on the unpaid amount shall accrue at twelve percent (12 3) per annum,
beginning 30 days after presentment. b the event a owner fails to pay any amounts due with
interest thereon, within 60 days from the date of presentment for payment, the 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 Agreement.
6. Use of Water. Each owner s1i.all be entitled to use such owner's undivided
one -half interest in the water right for any use authorized by the well permit. Irrigation use shall
be limited to no more the 21,780 square feet of lawn and garden on each Parcel.
7. Waste. No owner shall waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
Unless otherwise agreed to among the owners of Parcel Nos. 1 and 2, no owner shall use more
than one-half of the water physically available at the Well.
8. Fees. Each owner shall also bear such owner's own att orneys' fees incurred in
the implementation of this Agreement. However, in the event litigation is necessary to enforce
the rights of the owners hereto, as between themselves, the prevailing owner in such litigation
shall be entitled to reasonable attorneys' fees and costs of suit actually incurred.
9. Binding Effect: Covenant to Run with Land . This Agreement shall inure to the
benefit of and be binding upon the respective owners, their heirs, devisees, executors,
administrators, assignees, transferees, and successors in interest. Upon execution by the
Declarant, this Agreement shall be recorded in the records of the Garfield County Clerk and
Recorder's Office, and shall run with the lands upon which the Well is used.
IN WITNESS WHEREOF the Declarant has executed this Declaration on the day and
year first written above.
II: \JJl.!\f AA.S\F AASEXTI . '4'5 A 4
_ 5El,25~5 ' B-1003 1:~~9 12/-1996 10:05A PG 10 OF 10
STATE OF COLORADO )
) !:S.
COUNTY OF GARFIELD )
1 /I/eve m he,-
Acknowledged, subscribed, and sworn to before me this ~a !!f: day of Deeember, 1996,
by Faye B. Faas.
WITNESS my hand and official seal.
My Commission ex_pires : SN I CJ q
Notary Public (_
/l:'JRSl f AA.S\FAASEXTl . 'A'SA 5