HomeMy WebLinkAbout2.0 BOCC Staff Report 02.21.1996• •
BOCC 2/21/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Tamera Duplice
LOCATION
A tract of land located in Section 12, T6S,
R92W of the 6th P.M.; approximately two (2)
miles east of Silt, south of Interstate 70, along
the I-70 frontage road.
SITE DATA: 10.0 Acres
WATER: Shared well
SEWER;_ Individual sewage disposal systems
ACCESS; 1-70 Frontage Road
EXISTING ZONING: A/I
ADJACENT ZONING: All
1. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within District D - Rural Areas/Moderate Environmental
Constraints and District F - Floodplain/Severe Environmental Constraints, as designated by
the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 10.0 acre tract is located south of Interstate 70 and north of
the Colorado River, approximately two (2) miles east of Silt. The tract is quite level,
pasture land, and is currently devoid of improvements, except for an existing well.
An access road and the Lower Cactusyalley Ditch run along the southern property
boundary. See vicinity map, page " .
B. Adjacent Land Uses: The area is predominantly agricultural; however, there are a few
single family homes scattered in the vicinity.
Proposal: The applicant requests to subdivide, by exemption, the 10.0 acre tract into
two (2) parcels of 4.0 and 6.0 acres. See sketch map, page ' 6 '
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (t) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
• •
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable;"
It appears the subject property was created, in 1979, from a larger tract by an
approved exemption. Research by staff has not been able to uncover a Resolution for
this exemption; however, the Planning Department does have a file and
correspondence indicating the approval of the request, creating three (3) parcels of
10, 10 and 22 acres. A check of Assessor's records indicates no other exemptions
have been sought on any of these lots; therefore, it appears this request complies with
Section 8:52 (A) of the subdivision regulations. See deeds and supporting
information, pages /.."/
B. Zoning. The subject property exists within the A/I zone district, which designates a
minimum lot size of two (2) acres. All proposed lots are in excess of this minimum
lot size requirement. Given the location of the subject property, floodplain maps were
consulted and, it appears the property is not within the floodplain of the Colorado
River.
Water: The applicant intends to use a shared, exempt domestic well that is permitted
for use in only one (1) single family dwelling. See permit and supporting information,
page 104. D In discussions with Division of Water Resources, it appears that, in
order to secure a legal supply of water, this well must be guaranteed with a West
Divide water augmentation contract, if it is to be shared. Additionally, if the contract
is issued, the well must be tested for four (4) hours and the applicant will be required
to comply with the additional water policies listed later in this report.
D. Sewer/Soils: The method of waste water treatment is proposed to be the use of
individual sewage disposal systems. According to the Soil Conservation Service, soils
on-site are predominantly of the Wann sandy loam classification, characteristically
deep and somewhat poorly -drained. When used for building site development and
placement of ISD systems, these soils are considered to have severe limitations,
chiefly due to excessive wetness. Staff suggests a plat note be included to address
these limitations.
Access: It appears access has been granted to he 10.0 acre parcel by the Colorado
Department of Highways. See permit, page ` . Both proposed lots would
be accessed from this singular access point; therefore, it will be necessary to develop
easements for the access.
F. Fire Protection: A letter from the Burning Mountains Fire Protection District has
been submitted wit the application, indicating the property is within the fire district.
See letter, page . Staff recommends the inclusion of a plat not to address
wildfire mitigation.
Easements: Any required easements for drainage, utilities, access, water supply, etc.,
will be required to be shown on the exemption plat.
School Impact Fees: The applicant will be required to pay school impact fees of
$200, for each lot created by this exemption.
Potential Road Impact Fees• Upon the adoption of a road impact fee, the lots created
by this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant. This provision shall be included as
a plat note.
IV. SUGGESTED FINDINGS
That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
• •
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends the public meeting be continued to allow the petitioner time to complete
the water supply information, which shall include a favorable decree from the State Engineer's
Office, if necessary, and the issuance of West Divide water contracts for augmentation water.
Upon the applicants satisfactorily demonstrating the above, staff recommends APPROVAL of the
application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
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.
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. 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 either an individual
water storage tank, minimum capacity of 1000 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."
"Prior to issuance of a building permit, the owner of each lot shall prepare and submit
a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan
prepared and certified by a professional engineer. All improvements shall be
constructed in accordance with such measures, which shall be a condition of the
building permit."
• •
"No further divisions by exemption from definition of subdivision will be allowed."
6. The control of noxious weeds shall be the responsibility of the landowner.
7 The applicant shall receive any necessary driveway permits, for each lot created, from
the appropriate authority.
8. 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) A well be drilled and a 4 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 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 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.
•
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'Filed for record the day of . A_p 19 , at o'clock. 1,
'Receptldn No. RECORDER.
uy
DEPUTY.
THIS DEED , Made this day of
between
GEORGE F. FIELDS
of the
June 01, 1994
County of GARFIELD and State of
Colorado of the first part, and
TAMERA D. DUPLIGE
FILING STAMP
1219 116 ROAD
whose legal address is GLENWOOD SPRINGS_ CO 81601
of the County of GA{RFIELD and State of Colorado, of the second part.
WITNESSETH, That the said party of the first part, for and in consideration of the sun of (****$42,000.00)
FORTY TIDO THOUSAND DOLLARS AND 00/1001115
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot
or parcel of land, situate, lying and being in the
County of GARFIELD and State of Colorado, to wit:
BEE EXHIBIT "A" ATTACHED HERETO AND MAE A PART HEREOF:
ALSO CONVEYED, WL'1'II0UT WARRANTY, A 60 GPM WELL.
also known as street number VACANP LAND
TOGETHER with all and singular and 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 party of the first part, either in law or equity,of, in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the said party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the sane are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever;
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1994 AND SLJHSEQUENT YEARS, AND SUDJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party
of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seat the day and year first above
written.
STATE OF COLORADO
County of
GARFIELD
c. fes;
(SEAL)
_(SEAL)
ss• - (SEAL)
The foregoing instrument was acknowledged before me on this day of June 01,
by GEC 1GE F. �FIELDB. 1994
My commission exp'iros'Drcf nber 23, 1996
Witness my hand and official seal.
•
•
a�K
4
C
Notary public
Form WD WARRANTY DEED For Photographic Record
GW2604.2604 GW2604
I
7 -
EXHIBIT A
A TRACT OF LAND SITUATED IN PART OF GOVERNMENT LOT II AND
PART OF THE NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY,
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12;
TIIENCE S. 62 DEGREES 47' 05" W. 2612.70 FEET, TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 70, THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGIIT-OF-WAY LINE THE FOLLOWING
COURSES AND DISTANCES:
N. 77 DEGREES 03' 30" E. 64.38 FEET;
THENCE S. 83 DEGREES 38' 59" E. 106.00 FEET;
TIIENCE N. 77 DEGREES 03' 30" E. 912.20 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S. 00
DEGREES 31' 02" W. 720.63 FEET;
THENCE N. 57 DEGREES 24' 21" W. 316.38 FEET;
TIIENCE N. 80 DEGREES 53' 53" W. 850.06 FEET;
THENCE N. 14 DEGREES 50' 20" E. 215.92 FEET TO THE TRUE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
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• •
GARFIELD COUNIY
BUILDING AND PLANNING
April 13, 1994
George Fields
3220 1loward Court
Clition, CO 81520
Dear Mr. Fields:
Based on the Garfield County board of Count yCommissioners minutes ofSeplember 10, 1979,
it appears that the Board approved an exemption from the definition of subdivision to create
three tracts of 10, 10 and 22 acres from a 42 acre parcel owned by John Peterson. For some
reason, no resolution was ever put into the Planning Department files or the Board's files to
verify the action. Regardless, it is apparent that the 10 acre tract you purchased from Mr.
Peterson is one of the 10 acre tracts approved by the Board in 1979.
Based on the above statements, this ()filet can issue building permits for structures allowed in
the Agricultural/Residential/Rural Density zonedistrict. lfyou have any additional questions,
you nay call or write to this office.
Sincerely,
4, -(‘‘.4 ---
Mark L. Bean, Director
Building and Planning
M t_ B/sa
Post -It' brand fax transmittal memo 7671
To
Ac
peps
Phone 4
Fax Oe
res a " ,'7 7 i.2_
1098TH STREET, SUITE 303 • 945-02121625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 8160
I
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wuJ•s-Rcv. IE ' —.-------- ='o':^c,.-.--+�J-G.�.•.�wLl14J 'Cr -
1
Application must
be complete whetre
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
8113 l Bldg., 1313 Sherman St-, Denver, Colorauu ,..-103
fi G 0 19-/:,
PERMIT APPLICATION FOAM
(>‘,;) A PERMIT TO IJSE GROUND WATER
( ) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
F'JATER RESOURCh L
gun:- NGItlEEII \ LC L1 V `3
JUN 0 6 1979
REPLACEMENT FOR NO
) OTHER
WATER COURT CASE NO
!%ATER RESOURCE£
EAU !.7iGII)
r
(1) APPLICANT - mailing address
NAME C lz z�—� �' j:_s r` -)
STREET CP? l Lc /
CIT Y/IA'ucj� t r1�Lth,4�r' liz( Lr r/
(State) (zip)
TELEPHONE NO. -
(2) LOCATION O1= PROPOSED WELL
t � 1
County At. 14' /_ 1 L
i/�' N VI �
/t I•r/, of the '/. Section 1 ,t"r
Ir1.S) tE.41/1
P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) /25 -
Number of acres to be irrigated: _JVG_IL`--
Average annual amount of ground water
to 110 appropriated (acre-ft:ct):
Proposed total depth (feet):
Z0 -EL
Aquiler ground water is to be obtained frorn:
Owners well designation c-'� 0
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
(%C) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
l 1 OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name 1, I{• C-' )? Sl'.c . C1. r� ) o )
Street
City
(State) (Zip)
Telephone No Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No % (J 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.
APPROVED PURSUANT TO CRS 1973, 37-92-602
FOR `1'IIE WATERINNG OF LIVESTOCK ON A FAR1(
OR RANCH.
APPLICATION APPROVED
PERMIT NUMBER
108197
DATE ISSUED J U L 0 21979
EXPIRATION DACE l J U L 02 .19E1 .� µ
!ATE ENGINEER)
BY
COUNTY ��
•
Pump Make
Type
Powered by
Pump Serial No.
Motor Serial No.
Date Installeo
Pump Intake Depth
Remarks
WELL TEST DATA WITH PERMANENT PUMP
Date Tested
Static Water Level Prior to Test
Length of Test
Sustained yield (Metered)
Pumping Water Level
Remarks
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of
pump installation described hereon; that he has read the statement made hereon; knows tthe well he nt
thereof, and that the same is true of h(s own knowledge.
\\ iJ content
HP
Hours
— GPM
LB
4 J WATER
>' U ;
COLORADO DEPARTMENT OF HIGHWAYS
STATE HIGHWAY ACCESS PEPNIIT
r1E PERMITTEE;
George F. and tat Jorie H. 'fields
2215 Bennett Averw&
Glenwood Springs, CO 81.601
r„y4,
No/IAP/Side: 1701''/90.20/R
local Jurisdiction: Garfield County
Dist/Sectlon/Patrol 30210
DO I Permit No.: 39004.2
Permit Fee: $25.00
Dale of Transmittal 5-18-90
is hereby granted permission to construct and use en UUCOSS to the state highway et the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing
authority it at any time the permitted access and its use violate any of the terrns and conditions of this permit. The use
01 advance warning and construction signs, hashers, barricades and Naggers are required at all limos during access
construction within State right-ol-way in conformance with Ihu MANUAL ON UNIFOFIM TRAFFIC CONTROL
Devic:Es, Part vi. The issuing authority, the [Japer Intent and their duly appointed agents and employees shall be held
hat rrrlr.ss against any action for personal injury or property damage sustained by reason of the exercise oI the permit.
.0CATI0N
On the south bide of State Highway I-70 Frontage, a distance of 1056
feet east from Mile 1'osc 99.
4CCESS TO PROVIDE SERVICE TO:
single family rusideice.
0TH -1 TERMS AND CONDITIONS:
See Attached Sheet ,
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Not Reda 1 red_ -• -- -.-_- Delo Title
Upon the signrn—g of thip perrrrit the errni(lea aprdes to the lernls and conditions and relerenced attachments contained
lerein. All construction shall be completed In an expeditious and safe manner and shall be finished within 45 days from
Initiation. The permitted access shall be completed In reorlianco with the terms and conditions of tho permit prior fo
being used The permIttee shall notify_ J i nl YUdS t
with the Colorado Department of Highways in
1.2) -- _. _..
at least 48 hours prior to commencing construction within the State Highway right-of-way, al 2286
Tho person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have fu . v hority to ecce tho permit and all It's terms and conditions.
Permlttea (X)
Dater--,� Z442770'
"'his permit is not valid until signed by a duly authorilad represontative of the Stale Department of Highways.
STATE OF COLORA 0,0 VISION OF I I-1VyA1S
ROBERT z1.LEVEF HIEF EN {V
By (X)
Date
5-23-90
Title
(Date of Issue) Access Commit tee
Admlra'istL acot-
111 0ls l aUTIVN.
Ill quired,
1 G ylrici IQri➢inAll
Applu_nnl..
7 Stall 14uvl
Make :opu:9 416 no( c:.luly fur.
local n.lurnnly pr,olo:
k11C,F Pau,, 'nc Enlrinc•„,
Wm
Fruvloua CJ I on6 81 V QLeolelo end will n?I bu u6tl
001 r f in,., I l
Lit
• •
-5-:.TED WELL and the arca on
which the water will be used mL Indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
• I-- — - I-- — --I- ---
I{
f —t— +
I
NOR fH+.
A
lrr
J
z
0
U
ill
tn
ul
1 MILE. 5290 FEET
+ _I_
NORTH SECTION LINE
I I
f
I I
SOUTH SECTION LINE
i -
I
- }- - - -}- — — -I- —
The scale of the diagram k 2 inches - 1 mile
E;:h small smear: represents 40 acres.
t
F
}
WATER EQUIVALENTS TABLE (Rounded Figures)
An ucre•lool covers 1 acre of land 1 loot deed
1 cubic loot per second (cis) ... 449 gallons per minute (9pm)
A )amity 01 5 will require. approximately 1 acre•lnnl n1 wa1Cr per year.
1 a,:re•luut ... 4:I;,GO centre feet :12:.,91)0 gallons.
1,000 gptn dumped continuously (or one day produces 4.42 acre -leer.
(6) T' `:LL MUST BE LOCATED BELOW
by - ..:es from section lines.
J D ft. from
r?'/[/ sec. line
(nurtn or 'Guth)
ft from _ <t',—
(east or west)
LOT BLOCK
SUBDI VISION �p
FILING a
ire_
sec. line
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: -> 4'. )77 t'
No. of acres " Will this be
the only well on this tract? c.
y(8) PROPOSED CASING ROGRAM
Plain Casing
/- in Iron) f Il. to It.
in from ft to ft.
Per forated casing
in from 1 ft. to /' ft.
in from ft to �t
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICI-1 GROUND WATER WILL BE USED:
Owner(s): /7 77 1 �(��11 f�,�� C'� ��
Legal description: 1 to (' I 2 L or 2_ /1 1., N (a
No. of acres:
(11) [ETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system w ho used.
1..1 ,t >il �� �— hCG Tn "r/_
(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 TI -IE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
SIGN474uRE OF APPLICANTS)
( '
/3 -
Use additional cls•
f paper if more space is required.
• •
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07/93OFFICE
STATE OF COLORADO
OF THE STAT► -NGINEER
1118 Cantainid Bldg., 1313 S. .an St. Dar%V'ar, Colorado 110203
(303) 966 3Sa 1
For Ortios l},w only
ry�( 1, „
I t 1 / { ,
ff YYY !! f
PRIOR TO COMPLETING FORM, SEE INSIHUCT1ONS ON REVERSE SIDE
OCT 1 1 '94
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMfT, LIVESTOCK TANK OR EROSION CONTROL DAM
WATER. -^ r6
STh T``d t
cncb.
1.
NEW OWNER
NAME(S) iQyyri. .v),:t b.,. D. l,c
Mailing Address ..... ..Q.- / I L Rci
City,St. Zip 10 6-
Phone (_303. ) .94/5-/e//3
2.
THIS CHANGE IS FOR ONE OF THE FOLLOWING:
VI
I
WELL PERMIT NUMBER l -2.7.8..D-. 0
LIVESTOCK WATER TANK NUMBER
EROSION CONTROL DAM NUMBER
3.
WELL LOCATION: COLINTY((>> \ (- CL \C-- OWNER'S AOect k
t3.'�.lf'.lr
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LIVESTOCK TANK OR EROSION CONTROLDAMLOCATION: COUNTY /� (/Q
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The
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above listed owner(s) say(s) that he (they) own the structure described herein.
existing record is being amended for the following reason(s):
Change In name of owner.
9 121 Change In mailing address.
I Correction of location.
6.
I (we) have read the statements made herein, know the contents thereof, and state that they are true
to my (our) knowledge.
[Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in
the second degree and is punishable as a class 1 misdemeanor.)
Name/Title (Please type or print)
Signature
Date
Np! I
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(L , , ,,O,..,•0
U/%
I / FOR OFFICE
ACCEPTED AS A CHANGE IN OWNERSHIP
AND/OR MAILING ADDRESS.
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USE
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ONLY
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j NV 0 3 1994
Stat. Enji„..,
Court Casa No. Div. Co.
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Dear Mt 1)onlatt:
Tht: t %VaS L1C1t11/,(;(1 (11CZI1Cl1) 1111 Me111011:11 dirC 021.(..:11(1
;Ina LP. pt.!ttlp lur:1;itz•.tiott jLitit)L.;.
\v:is pl,tced in the. \\'.l1 ;Ind jetto.1 rot..1 L'ottitlitiowi period or otic howr and
lo sGt ;t,\ It) utt;lit hours at it tllI1 Jtii 111(; pi IcpuLticki IIIlia 10111
01101111V 110111i 11;1(1
'11 1111'' A (\"' "kir 1)111011 ICL \VA.; con'llielcd A11(1
produkx,d 21) !.p.111
a 2 loot .Irakvdowti.
1.11 C011C1111011 111:i1 111(..; 11itiiiJ1L k.:11 -1112 11.1‘...
\VC11 NV111 1110(1111:C 11111111110111 01 15 'ptut on a colitintiow: basis.
No gitaraillcu:; oi tvarrantics arc.; uNprcssccl 01mipliccl iu hc Lnh (II time am' Ircalimill
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Thank V011 101111C. 01)1M11111111\' 10 1V011, 101 VOW.
Nittecreiv.
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SAIIMUELSON PUMP CO. INC.
P.O. [30X 297 WATER SYSTEMS
SALES, SERVICE & INSTALLATION
945-6309
GLENWOOD SPRINGS
COLORADO 61602
Tammy Dupl.i.ce
1 21 9 County Road 1 1 6
Glenwood Springs, Co. 131601
Atten : 'Tammy
May 14, 1994
On May 4, 1994 a well test was conducted on a well located
near Silt, Co. off frontage road near the river. The following
information was obtained;
Well depth 50'-0"
Casing size 7"(steel)
Standing water level 2'_0"
Drawdown to pump intake
Production is
4 gpin
Hardness 27 grains/gal
Iron 3.3 mg/1
pH 7.5
If the information on this well is correct the well has
silted in and lost production due to non use. I would recommend
that a driller be brought in to clean the well back to bottom
and redevelop the well. In addition it may need to be acid
treated if the development does not work. The well should then
be retested_ The current production would be only enough for
a single residence. If you have any questions please call me
Raun Samuelson aL 945-6309_
Sincerely;
Raun Samuelson
I
r /4
• •
WELL -SHARING AGREEMENT
THIS AGREEMENT is made and entered this day of
199 , by and between Tamera D. Duplice
(hereinafter "Developer"), and
(hereinafter_ "Buyer");
W I T N E S S E T H:
WHEREAS, Developer is the owner of certain property located in
Garfield County, Colorado, described as a tract of land situate in
Section 12, Township 6 South, Range 92 West of the 6th P.M., more
particularly described on Exhibit A attached hereto, and Developer
has received approval from Garfield County to create therefrom
Parcel Nos_ 1 and 2 as depicted on Exhibit A attached hereto; and
WHEREAS, a water well (hereinafter "Well") has been
constructed on Parcel No. , pursuant to Colorado Division of
Water Resources Approval No. , which will provide up to
gallons per minute of water to 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; and
WHEREAS, Buyer has entered into a contract with Developer to
purchase Parcel No. , subject to this Agreement;
WHEREAS, the parties by this Agreement desire to set forth
their understanding concerning the future ownership, maintenance,
operation, repair, replacement, and use of the Well and appurtenant
facilities, and related matters.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the adequacy and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Ownership of Water Right. Pursuant to a Quit Claim Deed
from Developer to Buyer of even date herewith, Buyer owns an
undivided one-half interest in and to the right to withdraw water
from the Well.
2. 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, meter, and associated facilities for the
withdrawal of water located at the Well. The owners of Parcel Nos.
1 and 2 shall each own an undivided one-half interest in the
pipeline which delivers water from the Well to the point at which
the individual pipelines which deliver water to the residence on
Parcel No. 2 and the residence on Parcel No. 1 diverge. The owner
• •
of Parcel No. 2 shall be the sole owner of the pipeline from the
aforesaid point of divergence to the residence to be constructed on
Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of
the pipeline from the aforesaid point of divergence to the
residence to be located on Parcel No. 1.
3. Easement. Developer shall convey to Buyer a nonexclusive
easement in the general vicinity of that shown on Exhibit A
attached hereto for the installation, operation and maintenance of
a water pipeline for the benefit of the owners of Parcel Nos. 1 and
2. Should any party desire a more specific legal description of
the alignment of the pipeline and easement, such party may, at its
sole cost and expense, survey the pipeline alignment, and the
parties hereto agree to execute any necessary quit claim deeds in
order to accomplish such purpose.
4. Operation, Maintenance and Repair Costs. Operation,
maintenance and repair costs associated with the Well, the pump,
meter and associated facilities for the withdrawal 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 party, including
individual service lines. The owners of Parcel Nos. 1 and 2 shall
share equally in the cost of maintenance, repair and replacement of
that section of the pipeline which they jointly own. The parties
agree to 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 parties are unable to agree upon any required
maintenance, repair, replacement, or improvement, either party
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 party
determines to undertake such work, he shall notify the other party
in writing. The party undertaking the work shall upon completion
provide the other party with a written statement of the work
performed and the other party's proportionate share of the costs.
5. Operational. Costs. Each party shall install at its own
expense a meter on its individual service line to measure water
use. The monthly cost of power to 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.
6. Payment of Common Expenses. The owner of Parcel No. 1
shall be responsible for collecting each parties' share of common
expenses. Each party 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 party fails to pay its share
• •
within 60 days of presentment, interest on the unpaid amount shall
accrue at 10 percent per annum, beginning 60 days from presentment.
In the event a party fails to pay any amounts due with interest
thereon, within six months from the date of presentment for
payment, the party 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, and shall be entitled to reasonable
attorneys' fees actually incurred to obtain and execute upon a
judgment for collection.
7. Use of Water. Each party shall be entitled to use its
undivided one-half interest in the water right for any use
authorized by the well permit. Irrigation use shall be limited to
no more than 14,520 square feet of lawn and garden on with each
Parcel.
8. Waste. No party shall waste water, and each party 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
party shall use more than one-half of the water physically
available at the Well.
9. Fees. Each party shall also bear its own attorneys fees
incurred in the implementation of this Agreement. However, in the
event litigation is necessary to enforce the rights of the parties
hereto, as between themselves, the prevailing party in such
litigation shall be entitled to reasonable attorneys' fees and
costs of suit actually incurred.
10. Binding Effect Covenant to Run with Land. This
Agreement shall inure to the benefit of and be binding upon the
parties, their heirs, devisees, executors, administrators,
assignees, transferees, and successors in interest. Upon execution
by the parties, 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.
11. Complete Agreement. This document embodies the entire
and complete agreement of the parties on the subject matter herein.
No promise or undertaking has been made by any party, and no
understanding exists with respect to the transaction contemplated,
except as expressly set forth herein. All prior and
contemporaneous negotiations and understandings between the parties
are integrated and merged into this Agreement.
12. Amendment. This Agreement inay be amended from time to
time by the owners of Parcel Nos. 1 and 2 in written form and
executed in the same manner as this Agreement.
• •
IN WITNESS WHEREOF the parties have executed this Agreement on
the day and year first written above.
STATE OF COLORADO
COUNTY OF
) s s .
DEVELOPER
Tamera D. Duplice
BUYER
Acknowledged, subscribed, and sworn to before me this day
of 199 , by
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO
COUNTY OF
SS.
Notary Public
Acknowledged, subscribed, and sworn to before me this day
of , 199 , by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
zo-
APR 27 'y4
02:44 PM BIGHORN CONSIROC11O11
COLORADO DEPARTMENT OF HIGHWAYS
STATE HIGHWAY ACCESS PERMIT
'HE PERMITTEE;
Geo><ge F. and Marjorie M. Fields
2213 Bennett Avenue
Glenwood Springs, CO 81601
- No/MP/Side: 170F/99.20/R
Local Jurisdiction: t;a-ffel d Count y
Dist/Section/Patrol 30210
DOH Permit No: 3900/+2
Permit Fee: $25.00
Date of Transmittal: 5- 1.8-90
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing
authority it at any time the permitted access and Its use violate any of the terms and conditions of this permit. The use
et advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFOHM TRAFFIC CONTROL
DEVICES, Pat t VI. The Issuing authority, the Department and their duly appointed agents and ernployees shall be held
harmless against any action for personal injury or properly damage sustained by reason of the exercise 01 the permit.
On the south side of State Highway I-70 Frontage, a distance of 1056
feet east from Mile Post 99.
.OCATION;
4CCESS TO PROVIDE SERVICE TO:
Slagle family residence.
OTH"i TERMS AND CONDI710N5:
See Attached Sheet
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Upon the
By (X) -Not
------� Date _ Title _
signing of this pr
permit the permittee sees to the terms end conditions and referenced
Required
attachments Contained
Herein. All.construction shall be completed In an expeditious and sa(e manner and shall be finished within 45 days from
Initiation. The permitted access shall be completed Inmord
e terms and conditions of the permit prior to
9 PermIttee shall notify beim used The encs with th
y -----
with the Colorado Department of Highways In __
at least 48 hours prior to commencing construction within the State Highway right-of-way, at _ 6 5 2286
Tho person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have fu sr� horny to acce the perr t and all It's terms and conditions.
Permittee (X)
This permit is not valid until signed by a duly authorized representative of the State Department of Highways.
STATE OF COL.ORApO, D VISION OF H,
ROBERT LEVEE HIEF EN
By (X) '
1VY DISTAiBUTtvN.
Date 5-23-90 Title Admin'isti•ator,
(Date of Issue) Access Commit tee
Hequired. Make op u9 as nocea5aty fur•
1 Disrricl (OripnAI) LoCai A•.Nhonty inapCplur
2 Applic.nnt — MICE Patrol I rdlric Enputru,
Sialf Pun
43.? -
Drevloua tdtuons pip Ouaoleto end w111 not bu ub9
DUH rung IL
bit
Board
Ross Talbott - Chairman
William Moutover
Sean Mello
Tom Volght
Gordon Witzke
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
January 22, 1996
To Whom It May Concern:
Don Zordel - Chief
Stu Cerise - Assist. Chief
This is to inform you that the property located on River Frontage Road, T6S, R92W, SW1/4 of
NW 1/4, Section 12, West of 6 PM., is within the 13urning Mtns., Fire District.
Thank you,
Donald L. Zordel, Chief
Burning Mtns., FP1)