HomeMy WebLinkAbout1.0 Application,
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Ci/\lZFll'.LD COUNTY. CO LOIZ/\DO
PET I TIO N_.r:n1LEX 12M l~rlON
Pt1rst1<t11l lo C.!Z.S. (llJ73) Sectio11 30-28-101 (10) (a) -(d) as amended. and the
St1bdivisio11 l~CG11L1lio11s ol 'Garl"1cld Co1111ly, Co lor<1do, adopted April 23. 1<)8t\ Sect ion 2 :20.49,
d L · K Jackson 1. 11 .. t hc 1111dcrsiG11ed _Cg.x.ter T. Ja_ckson an ouise van · respect 11 y pel1l1ons
tl1e Hoard 01·cou11ly Co11llnissin11ers ol'Carlicld Cou11 ly, Colorado. to exempl by Resolution
[ hc di visio11 ol' 313. 91 i\CIC t ri\cl ol ' la11d i11 to 4 [ li\C[S or approximately ------/and-2-97. 69 -----
2 .17t2•80f11. 248acres each, !)10!e or le ss , l'rom the dclinilions or 11 S\ibdivision" and
"st1 bd iv i ded I and" as l he l er ms <l re t1sed ii 1 HI deli 11ed i 11 C. R .S. ( 197]) Seel ion 30-28-10 I (I 0) (a)
-(d) a11d the Garlicld County Suhdivisio11 l(q_\t1latio11s for the reaso11s slated below:
See Narrative explaining requested exemption, attached.
S lJ IHvl ITI'/\ L n.1'.Q lJ I IU'.Tvtr'.NTS:
/\11 application which Sitlislies the review criteria mt1sl be submitted with all the following
information :
!\. Sketch map al i\ minil\lul\l scalc or 1"=2 00' showing the legal d es cription or the
propnty , di1llcllsioll <11HI i\ll'.i\ 01'<111 lot so r se parale i11l eres ts lo he created. access
lo il public rigllt -ol'-way. i111d a11y proposed ease!lle11ts !'or drni11age. irrigation.
i\cccss or utilitie s;
ll. Yici11ily llli\j) i\l i\ 111i11illllll\l SCi d e or I "=2000' ~i11owi11g til e general topographic
a11d geoD,rapilic relatio11 ol· tl1 c propo sed exemption to th e surro t111ding area
wit ll i 11 two (2) mi !cs. rm wil ich a copy or U.S. G .S. cp1ad ra 11 gle map may be u se d.
C. Copy or· the deed sliowillg ow11ership by the applicant, or a leller from lhe
properly owner(s) ii' oilier than the applic;rnt; and
D. Names and addresses 01· ow11ers ol' rec or d or land immediat ely adjoining and
wit Iii 11 200 l'eet o I' the propo se d ex cm pl ion . mi llera I owners and lessees of mineral
ow11crs 01 · record 01· 11\c property to he exempted. and te nants or any st ructure
propo se d f'or convcrsio11; ii IHI
r: 1'.vidcnce 01· tl1c soil lypcs and cliar:ictcristics or each typ e; and
1: Proor or legal :\lld atbp1alc source or domestic waler for each lo t created,
lllCI hod or sewitgC di ~;posal, and letter or apprnvitl of' lire prot ec tion plan f'rom
<tppropri:ilc lire distri c t; itnd
G. l I' co1111ect io11 to a col\1 1111111ity or mt11li ci pal water or se wer system is proposed.
a letter l'rnm the governi11g body statinD, a willingness t o serve; and
I I. Narrative explai11i11g wl1y exemption is being reques ted; and
I. ll sli<tll liedemonslrated that tile parcel existed as described on January I. 1973
or lilt: parcel as it exist~; pres e ntly is one or nol more than three parcels created
f'n11n il largcr parcel as it existed on .lanllary I , I 97J .
.I . ;\ $300 .00 l'ee 11H1sl he st1lrn1ittcd with the application.
_Lg_~\ 2 o ,,.., \.( . :-:s;;-o c.\ .. ...q,;;, •'\
Petitioner, Louise van K. Jackson
P 0 Box 27
Mai Ii ng Address
Glenwood Spgs., CO 81602
City S tate
(970)945-6746
Telephone Number
J\PP!.ICJ\ Bl LITY
Tlte Hoard ol'Co1111ly Com1nissio11ers ltas lite discretio11ary power to exempt a division or land
rrnm ll1e ddi11itio11 ol ' Slilldivisioll illld llterehy l'rolll !lie procedure in these Regulations,
provided the lloard d<.:ll'.rmines tit al s11cl1 exemption will llol impair ordel·eal tileslaled purpose
or the Subdivisioll l~cg1ilalions 110r he dt.:lrimc11tal lo tile general p11blic welrare. The Board
Sltiill 111iil;e CXl:illplio11 dt.:cisiOllS in ilCCOrditnce witlt tile requirements Of' these regulations.
1-;-ollowing ii revit.:w ol' tlic irnlivid11iil 1'i1cts or l:ilCll application ill Jigl1t or llle requirements or
these l(egulations, lite Jloard may ilpprove, conditionally approve or deny an exemption. J\n
application !'or cxe111ption must s;1lisl·y, itl a mi11imum, all o['tlie review crileria listed below.
Compliilnce with t lie review crilcriil, however, does not ens me exempl ion. Tile Board also may
co11sidcr additiollal l'itctors listed ill Sectio11 8 :W or the Subdivision l~egulations .
J\. No more lltall ii total or1'011r ('I) lots, parcels, interests or dwelling 11nits will be created
f'rorn any parcel, ;1s lltitl piircel was described in tile records or the Garf'ield County
Clerk illld l~ecorder's CXlicc on .lalluary I, I 97J, and is not a parL or a recorded
subdivision; however, i111y p;1rcel lo be divided by exemption that is split by a public
rigltt-of'-wity (State or Fcdcr;il liiGilway, County road 01· railroad) or natural feature,
preventing joi11l use ol' tlte proposed lrilcls, alld lite division occurs along the public
rigilt-ol'-\vay or 11;1tm;il fl'.iltme, suclt parcels thereby created may, al the discretion or
lite lloard, !lot becollsidercd to ltavc hec11 created by exemption with re[.\ard to tile rour·
('I) lot, p;1rn~I. interest or dwelli11g 1111il li111it;1tio11 otl1crwise ;1pplici1hle;
IL All G;1rficld Cotinly zo11i11!.\ req11irtrnc11ls will be met; ;ind
C. All lots crci1ll'.d will li;1ve k!_\ill ;1cctss to a public rigltl-ol'-wi1y and any necessary access
eascrnc11ts have hccn obtained or are in tile process or being obt:1ined; and
D. Prnvisio11 ltas hce11 made !'or ;111 ;1deq11ale scll1rce or waler in terms of' both the legal and
pltysic;tl quality, quantity ;11HI dependi1hility, and a s11ilahle type orscwilge disposal lo
serve eacl1 proposed lo!; ;11HI
I·: J\11 slate i111tl local e11viro11111e11li1l ltealtlt a11d s;11'ety rcq11irc1ne11ls liilve been met or i\re
in lite process or hei11!.\ 111et; ii IHI
1:. · Vrnvisio11 l1i1s hce11llli1de1·or i111y rcq11ired road or slorn1 clrninagc improvements; and
G. Fire protection ltas been approved by llie appropriate !ire clislricl; and
11. A11y necessary drainage, irri!.\itl io11or11lility casernc11ls Ii ave hecll obtained or are in the
process ol' hei11l\ oh1ai11ecl; i111d
!. School rces, laxes and speciiil asscss111enls llnvc been paid .
(The School lmp;1cl 1:ec is ~;·200.00 !'or eaclt new lot created).
Pl~OCED UI~ r:s
A. A req11est f'or exe111plio11 sltall he s1dm1illecl to lite Board on l'orms provided by the
c; ii rlield Cot 111 t y Depa rl 111e1 It ()('I )eve lo pmen l/Pla n ni nl\ I.) i vision . Two (2) co pies or l he
application 1naps and supplemental information shall be submitted .
n. The Planni11g Divisio11 sliall rev iew tlicexernplion reqt1esl for completeness williin eight
(8) dilys ol' sttb111itlal. 11 · i11co111plele, tile application shall be withdrawn from
COtlsidtratio11 illld the ilppliCiltlt l\Otiried ol' the addiliOllill inrormalion needed. ff lhe
itpplication is co111pkte, lite appliciillt shall be noliricd in writing or Lile lime and place
or tile noilrd or Cot1t1ty Cotn111i~;sio11ers 111celing al which the request shall be
considl.'.rcd . 111 ci l Iler case, tl() l i l i cit l i () n sllil II ()CCIII' within ri n ce n (I 5) dil ys or Sll bm i l la I.
(: Notice or t llc ptthlic tncclitig shit II bc mililed by ccrtilled mail, return receipt requested,
lo OWtlet'S ol'rccord ol'li11lll itl\lllediillely ad_joi11 i ng illld Williin 20() feel or tile proposed
exe111ption, lo mi11eri1I ow11ers <11HI le ssees ol' minernl O\Vllers or reeord or Lile land
proposed i'nrexe111plio11, ilild lo [l.'.llillllS o(';i11y strt1el11re propo sed for conversion. the
exe111plio11 ~;itc sllidl be posted clci irly illld conspirnously visible rrom il rrnblic right-or-
WilY wilh 11otice signs provitbl by tile Pliln11it1g Division . J\11 notices shall be mailed al
leasl lirteet1 ( 15) <tnd not more t llitn thirty (JO) days prior to the meeting. The applicant
shall he responsible !'or mililing the notices and shall present proor or mailing al the
meeting.
D. AL or witl1i11 lirtcen (15) dily~; or the 111eeli11g, the Board shall approve, conditionally
approve or dc11y the exe111plio11 rcqttesl. Tile reasons for denial or any conditions or
itpprovitl shall he sel l'orlli i11 tile rnintttes ol'the meeting or in il wrillcn resolution . J\n
itpplicilnl denied cxe111plion shit II l'ollow tllesuhdivisio11 procedure in these regulations.
NARRATIVE EXPLANATION
OF PETITION FOR SUBD I VISION EXEMPTION
OF CARTER T. JACKSON AND LOUISE VAN K. JACKSON
This narrative is provide d fo r the purpose of explaining why
the exemption is being requested. However, there will also be
provided a discussion of the various items submitted with the
Petition and an explanation of how those items meet all of the
submittal requirements and the review criteria of the County's
exemption regulations.
For many years, one of the Petitioners, Carter T. Jackson, has
been a member of the Board of Directors of Holy Cross Electric
Association, Inc. Mr. Jackson and the other Petitioner, his wife,
Louise van K. Jackson, are in the process of putting into effect a
plan by which most of the Jackson Ranch will be placed in a
conservation trust to preserve it as open space. However, three
parcels are not included in this conservation plan. One of those
parcels is adjacent to the Holy Cross headquarters facility, five
miles south of Glenwood Springs, and lies west of Highway 82 and
South of, and adjacent to, Holy Cross' south boundary. This parcel
(Parcel 3) is 11.248 acres. Petitioners are negotiating to sell
the northerly 3. 65 acres of this parcel, and Parcel 1 of this
exemption application, to Holy Cross. The 3.65 acres adjacent to
the south boundary of the Holy Cross property, lying west of
Highway 82, will be sold and transferre d pursuant to a boundary
adjustment affidavit, but only if Holy Cross is successful in
having it rezoned. Parcel 1 must receive a subdivision exemption
from Garfield County before it can be sold and transferred to Holy
Cross.
Holy Cross Electric Association, Inc. is one of the fastest
growing rural electric utilities in the country. Consistent growth
within its service territory has put pressure on the company to
expand. Carter T. Jackson, as a long time director of the company,
is aware of this situation and is also aware that his land is the
most convenient and available land onto which the company can
expand, being adjacent to the company's headquarters facility.
Storage and employee housing are particular problems that will have
to be addressed by the company as its physical plant expands.
In addition, because the Petitioners are placing most of their
ranch in a conservation easement, and thereby greatly reducing its
market value, sale of these lands to Holy Cross is needed in order
for the Petitioners to recoup some of its losses resulting from the
conservation easement. Holy Cross is offering a fair price to
acquire these lands, and, if accepted, Petitioners will make up
some of their losses.
Parcel 2 is the family residence of the Petitioners. This is
being exempted from the remainder of the ranch in order to exclude
it from the conservation easement, thus preserving Parcel 2 for the
Jackson family now and in the future.
In regard to the exhibits submitted herewith, the following
comments are appropriate:
Exhibits A, A-1 and B are self-explanatory.
Exhibit A-2 provides the means of access to Parcel 3.
Exhibit C is a demonstration that review criteria "A" has been
met and that no more than a total of four lots, parcels, interests
or dwelling units will b e created by this exemption request since
January 1, 1973.
Exhibits D and E are self explanatory. However, it should be
noted that since sewage from Glenwood Springs is available to
Parcel 1, and since Holy Cross or any other possible purchaser may
elect to tap onto the City sewage system (see below), the need for
soil type evidence as to Parcel 1 is diminished.
Petitioners are proposing that the exemption as to Parcel 1 be
granted based on domestic water being available from the City of
Glenwood Springs and its willingness to serve that parcel as
indicated by Exhibit F-2. However, evidence of an alternative
source of water through a commercial well is also provided because
Petitioner would like to have the option to elect to provide water
by a well and sewage disposal by means of an approved septic system
because of the great expense that may be involved in extending the
City water and sewer service to Parcel 1.
As to Parcel 2, proof of the Petitioners' domestic well is
provided, and for many years an acceptable septic system has been
in use on this parcel.
Exhibit F-2 should satisfy submittal requirement "G"
concerning the provision of a letter from Glenwood Springs
indicating its willingness to serve Parcels 1 and 3 with water and
sewer service.
As to review criteria "B", the primary zoning requirements
that need to be met at the present time concern the minimum lot
size and Parcels 1, 2 and 3 meet that criteria, being in excess of
2 acres each and the buildable land on Parcel 1 consisting of an
area or areas in excess of one acre each with a slope of less than
40%.
Parcels 1, 2 and 3 each have legal access to a public right-
of-way. Parcel 1 is adjacent to, and has access onto, Red Canyon
Road and also onto a frontage road on the east side of Highway 82.
Parcels 2 and 3 each have access directly onto Highway 82.
As to review criteria "E", "F" and "H", such matters are not
applicable to these two parcels at this time.
As to review criteria "G", please see Exhibit F-4.
Finally, all requested fees are included or will be paid at
the appropriate time.
Comments Regarding Subdivision Regulations,
Section 8.60 with regard to Parcel 1
The Petitioner has reviewed the "Additional Considerations'' in
Section 8.60 of the Garfield County Subdivision Regulations and has
the following comments:
Based upon preliminary discussions about this Exemption
request with the Planning Department, which raised no issues
regarding the Comprehensive Plan, and based upon the uses of
surrounding land for commercial and multiple family purposes, which
are consistent with the intended uses of Petitioner's prospective
Buyer, Holy Cross Electric Association, Petitioner concludes there
should be no problem meeting the criteria of 8.60 A and B.
As to Section
Exhibit F-2, which
willing to assist
supplying water and
8. 60 C, the applicant has produced a letter,
indicates the City of Glenwood Springs is
in the development of Parcels 1 and 3 by
sewer services.
As to Sections 8.60 D, E and F, these are subjective criteria,
the interpretation of which is up to the County Planning Staff and
the Commissioners. Soils information has been provided on Parcel
1. See Exhibit E.
As to Section 8.60 G, the narrative explains that this
Exemption facilitates the creation of a large open space area
consisting of most of the remaining Jackson ranch.
As to Section 8.60 H, this is a 2.80 acre parcel of which over
75% is useable land. Sufficient area exists for on-site parking
for any use intended by Petitioner's prospective Buyer, Holy Cross
Electric Association.
"1 •
List of Exhibits to Petition for Subdivision
Exemption of Carter T. Jackson and Louise van K. Jackson
EXHIBIT LETTER
A
A-1
A-2
B
c
D
E
F-1
F-2
DE SCRIPTION
Sketch map with a scale of l" = 200'. Note
that such sketch map is directly attached to
the Petition on legal size paper and is not of
the required scale. However, loosely attached
with the Petition are several sketch maps of
the required scale.
Legal descriptions of Parcels 1, 2 and 3.
Private Way License.
Vicinity map with a scale of l " = 2000 '.
Three warranty deeds are attached which include
the entire Jackson Ranch. These are: Warranty
Deed dated May 2 , 1955 recorded in Book 285 at
Page 238 of the Garfield County records;
Warranty Deed dated July 8, 1955 recorded in
Book 286 at Page 126; and Warranty Deed dated
October 9, 19 6 7 recorded in Book 3 8 8 at Page
548.
A list of the names and addresses of owners of
record of land immediately adjoining, and
within 200 feet of, the proposed exemption
properties. Owners of mineral interests are
also included.
This is a six pag e exhibit which includes soils
maps from the Soil Conservation Service, with
the subject properties circled, and the number
of the soil type noted on the map. Also
attached is an e x planation of each soil type.
This is a Decree in Water Division No. 5, Case
No. W-1169, concerning the well which serves
the Carter Jackson Residence, Parcel 2.
This is a letter from the City of Glenwood
Springs to Hol y Cross Electric Association
verifying that Holy Cross has the right, under
certain water and sewer line extension
agreements with the City, to tap onto the City
water and sewer systems to provide water and
sewer service to Parcels 1 and 3, and that the
City is willing to serve.
. , ,.
EXHIBIT LETTER
F-3
F-4
DESCRIPTION
This is a letter and attached documents from
Resource Engineering, Inc. providing evidence
that, for an alternative source of water to
Parcel 1, Holy Cross will have the ability to
obtain a commercial well permit by contracting
for replacement water with the Basalt Water
Conservancy District.
This is a letter from the appropriate fire
district concerning fire protection service to
Parcels 1, 2 and 3.
••••• REStJURcE• •••• ••••• ••••• ••••• E N G N E E R N G N c
()--(Y!vJv
c, , 8 e> C--<.---
Nov ~ Garfield County Commissioners
Garfield County Courthouse
1 09 8th Street
Glenwood Springs CO 81601
RE: Holy Cross Electric/Parcel 1 Jackson Property
Dear Commissioners:
0 1 3 1995
~i-.i.·r rt:.LU
00tif.f.f1 OC'.i!i~~~t~
At the request of John Kemp acting on behalf of Holy Cross Electric , Resource
Engineering, Inc. investigated the potential for developing an on-site well as a reliable
physical and legal water supply to serve Parcel 1 of the Jackson Property (see attached
map). Following are our conclusions based on the investigation.
LEGAL WATER SUPPLY
Parcel 1 lies within the boundaries of the Basalt Water Conservancy District (BWCD).
Further, it is in Area A of the BWCD which is included in the Substitute Water Supply Plan
approved by the State Engineer. It is our opin i on that Holy Cross Electric could obtain a
water service contract with the District to provide the legal basis for a water supply to
serve eight residential units (employee hous i ng) or any other reasonable domestic,
commercial or industrial use.
PHYSICAL WATER SUPPLY
Parcel 1 is located east of Highway 82 approx imately 1 ,200 feet from the Roaring Fork
River. It is about 1 /2 miles downstream from two test wells drilled and pump tested for
the City of Glenwood Springs in 1 987 . Both wells were completed in alluvial deposits
below Maroon Formation Colluvium at depths o f approximately 1 50 feet. Both wells were
very good producers. Wright Water Engineers (WWE) concluded that the test wells were
located in an old river channel of the Roaring Fo rk River and stated that a mun i cipal well
field could be developed in this area.
Based on the WWE report It is our opinion that a domestic well can be developed on Parcel
1 at a depth of 100 to 150 feet. No guarantee can be implied howeve r , and w e
recommend that a test hole be drilled.
In summary, we believe that there is a high probability that an adequate legal and physical
water supply can be developed from a well on Parcel 1 of the Jackson property, located
in Section 26, Township 6 South, Range 89 W e st, 6th P.M., Garfield County, Colorado .
Respectfully submitted:
ne, .E .
Water Resource Engineer
PSB/mmm
577-1.0 jkholy.577
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax (970) 945-11 37
L
---------------------------
APPROX .
110 ACRES
S8'0 '29"W
212·
NOT54'28"W
_,__ 291.30 '
~N69 '59'37"E
382 .99'
APPROX.
170 ACRES
2765 -6"
I
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I i I I
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1163'-7" I 14 08.-2 ..
j I I I i
I I
25 25 -5" ----------1 :--=-------__J --J L 1048'-8" __ -'I
JACKSON PROPERTY
NOTE ALL DIMEN SIO NS ARE APPROXIMATE.
N
DEPARTMENT OF EMERGENCY
11-8-95
Mr. Mark Bean
GARCO Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Mark,
EMS • FIR E • RE SCU E
GAAf rc:LD COUN I Y
In reference to the property parcels 1 and 2 owned by Carter Jackson, be advised that both
pieces are within the boundaries of the Glenwood Springs Rural Fire Protection District and fire
and EMS response will continue as it now does. The property owners should be aware that if
development occurs, requirements of the Uniform Fire Code may need to be addressed.
If you have any questions or need further information, please give me a call.
00~~~
,,,hajJones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: Bob Ballinger, Holy Cross
File
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
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SOS" 49'4 1" W
369.53'
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APPROX.
11 .248 ACRES
I
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PROPOSED
EXEMPT IONS MAP
SCALE 1'' = 200'
\
JACKSON PROPERT Y
APPROX.
143 ACRES
I , ___ _
RED /CANYON
I ROAD
~
N07°54'28"W
291 . .30 '
~ \ ~N69"59"37"E I .382 99'
', APPROX.
\ 2.80 ACRES
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8
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APPROX.
170 ACRES
\
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\
" ?J S81·2.3'48"w \ ·::o
183.41' .
\
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\
190.16'
S82"56'30"W \ I
S8o· 40 '07" w ""'
2 9 4 .45, ~ ''---r-r-;r:T/
P.O.B.
S85°18'57"W
177.75'
S22"29'47"E
.362 .24 '
APPROX.
2.17 ACRES
EXHIBIT A
', N15°48'W
\
25.20'
I NS 1°23'21'' E
186 92'
\
\
\
..
EXHIBIT A-1
To Jackson Property Exemption
Legal Descriptions
Parcel 1
A tract of land situate in Section 26, Township 6 South, Range 89 West of
the 6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the West quarter corner of said Section 26
bears N. 27°40'42" W. S44.81 feet; thence N. 8S 0 36'48" E. 324.74 feet; thence S.
07°S4'28" E. 291.30 feet; thence S. 69°S9'37" W. 382.99 feet to the east right-
of-way line of Colorado State Highway No. 82; thence 34.73 feet along the arc of
a curve to the right, having a radius of 2162. 00 feet, a central angle of
00°SS'l4", and subtending a chord bearing N. 04°0S'2S" W. 34.73 feet along said
right-of-way line; thence N. 08°24'14" W. 9S.20 feet along said right-of-way
line; thence 210.48 feet along the arc of a curve to the right, having a radius
of 2172.00 feet, a central angle of OS 0 33'09", and subtending a chord bearing N.
01°38'46" E. 210.40 feet along said right-of-way line; thence N. 06°31'16" E.
SS. 9S feet along said right-of-way line to the point of beginning, containing
2.80S acres more or less.
Parcel 2
A tract of land situate in Sections 26, 27 34 and 3S, Township 6 South,
Range 89 West of the 6th Principal Meridian, being more particularly described
as follows:
Beginning at a point whence the northwest corner of said Section 35 bears
N. 8S 0 18 'S7" E. 177.7S feet; thence N. 80°40'07" E. 294.45 feet; thence N.
82°S6'30" E. 190.16 feet; thence N. 81°23'48" E. 183.41 feet to the west right-
of-way line of the Denver and Rio Grande Western Railroad; thence S. 15°48'00"
E. 2S.20 feet along said west right-of-way line; thence S. 81°23'21" W. 186.92
feet; thence S. 82°56'58" W. 190.52 feet; thence S. 20°12'42" E. 228.88 feet;
thence S. S8°36'33" W. 274.20 feet; thence N. 22°29'47" W. 362.24 feet to the
point of beginning, containing 2.171 acres, more or less.
Parcel 3
A tract of land situate in Sections 26 and 27, Township 6 South, Range 89
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at the east ! corner of said Section 27; thence S. 86°S9'29" E.
31.21 feet along the north line of the SW ! of said Section 26 to the westerly
right-of-way line of the Denver and Rio Grande Western Railroad; thence S.
07°38'00" W. 4S8.28 feet along said west right-of-way line; thence 98.63 feet
along the arc of a curve to the left, having a radius of 1960.08 feet, a central
angle of 02°S2'S9", and subtending a chord bearing S. 06°11'31" W. 98.62 feet
along said west right-of-way line; thence S. 80°51'00" W. 826.90 feet to the
center of the Roaring Fork River; thence N. 08°49'41" E. 369.53 feet along said
river center; thence N. 1S 0 09'1S" E. 248.6S feet along said river center; thence
N. 08°2S'37" E. 100.31 feet along said river center to the north line of the SE !
of said Section 27; thence S. 88°29'24" E. 720.S6 feet along said north line to
the point of beginning, containing 11.248 acres more or less.
..
EXHIBIT A-2 ~
\ Contract No .~~~~~~~~~~
\
PRIVATE WAY LICENSE
ENT, Made and entered into this l3th day of November A.D. 19 92 ,
by and bet en ; HE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of
the State o elaware, hereinafter called the "Licensor" party of the first part,
and CA RTE R T . JACKSON and LOUISE van K. JACKSON , h usba n d and wife , mailing
address P . 0 . Box 27 , Gle nwood Springs, CO 8 1 602
hereinafter call e d the "Licensee" party of t h e second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and
agreements of the Licensee her e in containe d and upon the terms and conditions
hereinafter set forth, hereby licenses and permits the construction, maintenance and
use of the Private Way or private ways here i nafter described (hereinafter called
"Private Way") across the right of way and track or tracks of the Licensor as h e r e in
spe cified, to wit:
A 1 6 fee t wide p r i v ate fa rm road crossi n g at grade extending westerly at r igh t
angles ac r oss t h e 1 00 feet wide rig h t of way a n d main track of Licensor 's Aspen
Bran c h at Mi l e Post 364+1 0 7 6 ' nea r Gl e nwood Springs , Garfield Cou n ty, Colorado,
withi n th e swt of Section 26 and t h e SEt of Section 27, all T6S -R89W , 6th P .M.
This License is expressly condi t ioned u pon the p e rformance by the Lic e ns ee
of all and singular t h e cove nants and agr eeme nts her e inafte r s e t forth to be by
said Licensee kept and performed, each of said c ovenants and agre e me nts being h e r e by
made a condition; and it is also her e by stip u l a ted th a t a waiver by the Lic e nsor of
a ny breach of any condition shall in no way i mpair the right of the Licensor to
avail itself of any subsequent breach of the s ame or any othe r condition.
PRIVATE WAY as and wherever said term i s employed herein, shall mean a way
for trave l for pedestrians, vehicles, impleme n ts and live stock . Licensee agr e es
said Private Way shall be used for the following purpos e and for no other , to-wi t:
Ingress and egress to TesideHee1 bar n s and pastu r es .
And said term shall include such grad i ng, approaches , planking, ditch e s,
drains, tiling, drain boxes, culverts, cattle guards , wing fenc e s and fences, gat e s
with proper hinges and lat ches, raising of telegr aph, telephone and signal wires for
proper clearance, and such signals, bells, sign post and signs and other safe ty
devices as shall in the particular instance be required by the Li censor, or which
may now or hereafter be prescribed and require d by any law, State or Fe d e ral, or by
any order of any officer or regulatory board, St ate o r Federal, having jurisdiction
over such matters.
The foregoing License is subject to all outs tand i ng superior rights (including
those in favor of telegraph and telephone comp a nies, lessees of said right-of-way
and others) and the right of th e Licensor to r e new and e xt e nd the sam e .
1. If th e Licensor shall e lect t o construct said Privat e Way or a
portion thereof, and sh a ll so notify the License e, the Lic e nsee agrees to pay to the
Licensor, in advance, such sum of money estimat e d to be $-0-, as shall be necessary
to construct such portion or all of said Priva te Way , inc luding t he cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall furnish material for, and co n struct said Priva t e Way at the sole
cost and expense of the Licensee, in such manner and according to such plans as the
1
CTJ
LvKJ
Licensor may deem best for the safety and proper protection of the t r ack, roadbed
and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such addi t ional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor, said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor: and at all times keep said
Private Way in a good state of repair: the Licensor , however, shall have the right,
if it so elects, at any time, though it shall be under no obligation whatever to do
so, to make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct:
and in the event the Licensor at any time elects to repair or reco n struct said
Private Way, the Licensee shall, upon presentation of estimates, advance such sum
of money as the Licensor may deem necessary for such repair or reconstruction, or
upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3.
of $ -0-'~*>''
The Licensee agrees to pay to the Licensor, in advance, the sum
, as consideration for l i cense and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal, or any officer or regulatory board or commission, State or
Federal, having jurisdiction, shall require any alterations, changes or improvements
of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection, signals or warnings, the same shall be constructed,
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
5. The Licensee shall not enter upon the premises for th e purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of eme r gency when
work is necessary to avert loss or damage to property. All work of construction,
maintenance, operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted
use of the tracks and property of the Licensor as to operation, maintenance,
renewals or possible new construction by the Licensor.
6. This License shall not be deemed to give the L i censee exclusive
possession of any part of the premises described, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and operat ed at the
place of construction of such Private Way, and nothing shall be done or suffered to
be done by the Licensee at any time that shall in any manner impair the usefulness
or safety of said track or tracks of the Licensor or of any track or impr o vement to
be hereafter constructed. The Licensor shall have the right at any and all times
hereafter. to construct, maintain and operate such additional tracks, structures and
2
improvements where said Private Way is to be constructed and across the same, as it
may from time to time elect; and in case of any change at any time in the
arrangement, construction or plan of the Licensor's tracks, or in case of the
construction of any buildings or improvements by the Licensor, said Private Way
shall be altered or entirely removed by the Li censee at the sole cost and expense
of the Licensee, in such manner as may be necessary to conform to the tracks,
building or improvements of the Licensor as so changed, altered or improved, and if
the Licensee shall fail to do any of the things in this paragraph enumerated, the
Licensor may do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect, indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor, demands, judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any injury to or death of any
person, or damage to property of any person or persons whomsoever, including the
parties hereto and their officers, families, servant s and employees, in any manner
arising from or growing out of the construction, maintenance, operation, repair,
extension, renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove the same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the right of supervision by the
Licensor of the location, installation, operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right, nor the approval
or failure to disapprove, by the Licensor of the location, installation, operation
and maintenance of sa i d Private Way, nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations of the Licensee contained in this paragraph or a release
therefrom, or from any other obligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
8. If the Licensee shall fail to locate, construct, operate,
repair, extend, renew or remove said Private Way in accordance with the terms of
this License and to the entire satisfaction ·of the Licensor, or shall fa i l to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of said Private Way, or shall fail to adjust the said Private Way to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee, this Agreement shall at the option of the
Licensor be void and of no effect; and this Li cense shall cease and the Licensor
shall have the right to remove said Private Way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. Any notice herein provided for shall be sufficiently given and delivered
if mailed in an envelope properly stamped and addressed to the Licensee at the last
known post office address, or if no address is known, at the post office nearest to
the place where the said Private Way is located.
9. Non-use of such Private Way for the purpose for which it was
originally constructed, continuing at any time for the period of one year, shall
constitute an abandonment of this License. Unless so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice given by either party to the
other party not less than sixty days in advance of the date of such termination; but
it is understood that if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor, of the right of way for
railroad purposes, this License shall immediately cease ipso fac t o.
3
..
10. Within thirty days after the termination of this License
howsoever, the Licensee at Licensee's sole expense, shall, if the Licensor so
desires the Licensee to do, remove the said Private Way (including all approaches,
planking, gates, and all other structures constructed in connection with said
Private Way) and restore the premises of the Licensor, including all right-of-way
fences, to a condition which will be satisfactory to the Licensor, and if the
Licensee fails so to do, the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removal, and such removal
shall not prejudice or impair any right of action for damages or otherwise which the
Licensor may have against the Licensee.
11. (This paragraph le ft blank intentionally .)
CTJ LvKJ
12. The covenants, stipulations and conditions of this Agreement
shall extend to and be binding upon, the Licensor, i ts successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and
the term "Licensee" used herein shall be held to include such persons,
copartnerships or corporations as are mentioned herein as of the second part. The
Licensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
ATTEST:
4
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
Vi ce President
Licensee, Carter T . Jackson
Licensee, Louise van K. Jackson
EXHIBIT B
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EXHIBIT D
Names and Addresses of Record Owners adjoining
or within 200 feet of Exemption Parcels 1, 2 and 3
Sue L. Graham and James B. Lowell, III
P 0 Box 1808
Glenwood Springs, Colorado 81602
Charles L. Davis and Michael L. Davis
48 Glenwood Avenue
Carbo ndale, Colorado 81623
Jeanne Louise Soulsby
0797 115 Road
Glenwo o d Springs, Colorado 81601
Denver and Rio Grande Western Railroad Co.
913 Franklin St., No. 505
Houston, Texas 77002-1713
Names and Addresses of Owners of Mineral Interests
Cecelia Woods
1010 Garfield
Carbondale, Colorado 81623
Johanna Terry
1021 Blake Avenue
Glenwood Springs, Colorado 81601
EXHIBIT E
RIFLE AREA, COLORADO
subsoil is sandy clay loam, and the substratum is foam
and very gravelly loam. Bedrock is shale and sandstone.
Ascalon soils are on moderately sloping to strongly
sf oping alluvial fans and mesas. They are deep and well
drained. The surface fayer is fine sandy loam, and the
subsoil and substratum are sandy clay foam.
Minor in this unit are Tanna soils, Torriorthents, Cam-
borthids, Badland, and Rock outcrop. Tanna soils are on
the strongly sloping to very steep mountainsides. Bad-
land is on the very steep mountainsides and hills. Tor-
riorthents, Camborthids, and Rock outcrop are on the
steep to very steep hills and mesa breaks.
This unit is used for grazing and wildlife habitat. It
provides cover and food for deer, elk, rabbits, grouse,
doves, and chukars . The understory vegetation is sparse
in most areas and is dominated by pinyon and juniper.
Livestock grazing must be carefully managed to prevent
deterioration of the desirable understory vegetation. Deer
and elk feed in these areas of sparse vegetation in
winter. Community development is limited to a small part
of · this map unit. Steep slopes and stoniness are the
main limitations.
8. Bucklon-lnchau-Cochetopa
Shallow to deep, well drained, moderately sloping to
steep soils on mountains and alluvial fans
This map unit is mainly in the southwestern part of the
survey area. The soils formed in alluvium derived from
sandstone, shale, and basalt. Average annual precipita-
tion is 18 inches, and average annual temperature is
about 40 degrees F.
This map unit covers about 5 percent of the survey
area, or approximately 30,000 acres. This unit is about
40 percent Bucklon soils, 25 percent lnchau soils, 20
percent Cochetopa soils, and 15 percent soils of minor
extent.
Buckfon soils are on ridges and mountainsides. They
are shallow and well drained. The surface layer is loam,
and the substratum is clay loam and loam. Bedrock is
sandstone.
lnchau soils are on mountainsides and ridges. They
are moderately deep and well drained. The surface layer
is loam, and the subsoil is clay loam. Bedrock is sand-
stone or shale.
Cochetopa soils are on mountainsides and alluvial
fans . They are deep and well drained . The surface layer
is foam, the subsoil is stony clay loam or stony clay, and
the substratum is stony clay.
Minor in this unit are Jerry, Morva!, and Tanna soils.
Jerry and Morva! soils are on mountainsides and mesas .
They are deep, well drained, and loamy. Tanna soils are
on mountainsides. They are moderately deep and well
drained.
. Almost all of this unit is used for grazing and wildlife
:. habitat. Bucklon soils have fair potential for grazing and
~·wildlife habitat. lnchau and Cochetopa soils have good
:~.
7
potential for grazing. All of the soils in this unit are poorly
suited to community development. Steep slopes, depth
to bedrock, and high shrink-swell potential are the main
limitations.
9. Jerry-Lamphler-Cochetopa
Deep, well drained, moderately sloping to steep soils on
mountains and fa'ns
This map unit is in the north-central and northeastern
parts of the survey area. The soils formed in mixed
alluvial and colluvial material derived from sandstone,
shale, and basalt. Average annual precipitation is about
18 inches, and average annual temperature is about 40
degrees F.
This map unit covers about 18 percent of the survey
area, or approximately 114 ,000 acres. This unit is about
30 percent Jerry soils, 20 percent Lamphier soils, 15
percent Cochetopa soils , 20 percent Dateman, Farlow,
and Etoe soils, and 15 percent soils of minor extent.
Jerry soils are on fans and mountainsides. They are
deep and well drained. The surface layer is loam, the
subsoil is cobbly clay loam , and the substratum is cobbly
clay.
Lamphier soils are on fans and mountainsides. They
are deep and well drained. The surface layer and sub-
stratum are loam .
Cochetopa soils are on fans and mountainsides. They
are deep and well drained . The surface layer is loam , the
subsoil is stony clay loam and stony loam, and the sub-
stratum is stony clay.
Dateman, Farlow, and Etoe soils are on mountain-
sides. Dateman soils are moderately deep and we ll
dra ined. Farlow and Etoe soils are deep and we ll
drained .
Min or in this unit are Detra and Bucklon soils. Detra
soils are on mountainsides. They are deep and well
drained. Bucklon soils are on ridges and mountainsides.
They are shallow and well drained.
This unit is used almost entirely for grazing and wildlife
hab itat. A few small areas of gentle sloping soils are
irrigated. The main crop is native hay . This unit has good
potential for grazing and wi ldlife habitat. The main con -
cerns in management are proper control of grazing, fenc-
ing, range reseeding, and brush control. The unit is
poorly suited to community development. Steep slopes
and high shrink-swell potential are the major limitations.
The unit has good potentia l for wildlife habitat. Deer, elk,
mountain lion, grouse, rabbits, and squirrels are
common.
Broad land use considerations
The Rifle Area covers approximately 630,000 acres in
Garfield and Mesa Counties, Colorado . Nearly all of this
land is privately owned. It is used mainly for range ,
wildli fe hab itat, irrigated pasture, and irrigated crops.
12
brown Sandy clay loam about 30 inches thick. The sub-
stratum is very pale brown sandy clay loam to a clepth of
60 inches.
Included with this soil in mapping are small areas of
Olney and Potts soils that have slopes of 1 to 6 percent.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 60 inches. Sur-
face runoff is medium, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated hay and pasture
and some crops. Some areas are used for grazing and
wildlife habitat.
Corrugations are the main method of applying irrigation
water. Sprinklers are also suitable . Steep slopes cause
erosion to be more rapid on this soil than on less sloping
Ascalon soils. Minimum tillage, cover crops, contour til-
lage, and grassed waterways help to control erosion.
Drop structures are needed in irrigation ditches.
The native vegetation on this soil is mainly need-
leandthread, wheatgrasses, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition,· undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush also improves the range. Seeding
improves range in poor condition. Pubescent wheat-
grass, western wheatgrass, and big bluegrass are suit-
able for seeding. Preparing a seedbed and drilling the
seed are good practices.
This soil has potential as habitat for cottontail rabbit,
squirrel, pheasant, mourning dove, and wild turkey.
Steep slopes and frost action limit community develop-
ment. Cuts and fills should be minimal , and drainage is
needed for roads and structures.
This soil is in capability subclasses IVe, irrigated, and
Vie, nonirrigated.
7-Ascalon-Pena complex, 6 to 25 percent slopes.
These moderately sloping to hilly soils are on sides of
valleys and alluvial fans. Elevation ranges from 5,000 to
6,500 feet. The soils formed in alluvium derived from
sandstone and shale. The average annual precipitation is
about 14 inches, the average annual air temperature is
about 48 degrees F, and the average frost-free period is
about 120 days .
The Ascalon soil makes up about 65 percent of the
complex, and the Pena soil makes up about 25 percent.
The Ascalon soil is on the less sloping , somewhat con-
cave parts of the landscape, and the Pena soil is on the
steeper, convex parts.
The Ascalon soil is deep and well drained . Typically,
the surface layer is brown fine sandy loam about 5
inches thick. The subsoil is brown and yellowish brown
sandy clay loam about 30 inches thick. The substratum
is very pale brown sandy clay loam to a depth of 60
inches.
SOIL SUAVE
Permeability of the Ascalon soil is moderate, and ava 1
able water capacity is moderate . Effective rooting dep t
is 60 inches. Surface runoff is medium, and the erosi o
hazard is moderate.
The Pena soil is deep and well drained . Typically, t h
surface layer is about 12 inches thick. The upper part c
the surface layer is dark grayish brown stony loam, an 1
the lower part is dark grayish brown very stony loarr-
The substratum is very pale brown very stony san d
loam to a depth of 60 inches.
Permeability of the Pena soil is moderate, and avail c;
ble water capacity is low. Effective rooting depth is 6 r
inches. Runoff is slow, and the erosion hazard is mode r
ate .
Included with these soils in mapping are sma ll areas o
Olney and Potts soils that have slopes of 6 to 12 pe r
cent. These areas are on small, isolated mesas an c
make up 5 to 10 percent of the complex.
This complex is used mainly for wildlife habitat an c
limited grazing.
The native vegetation is mainly needleandthread .
wheatgrasses, mountainmahogany, and sagebrush .
When range condition deteriorates, forbs and shrub s
increase . Properly managing grazing maintains and im -
proves range condition. When the range is in poor cond i-
tion, seeding is practical. Areas must be carefully select -
ed to avoid the concentration of stones . Pubescen t
wheatgrass, western wheatgrass , and big bluegrass are
suitable for seeding . Preparing a seedbed and dri lling th e
seed are good practices . Controlling brush improve s
areas that are producing more woody shrubs than ar e
normally found in the potential plant commun ity , but con -
trolling brush may damage deer habitat.
Cottontail rabbit, squirrel , pheasant , mourning dov e ,
wild turkey, and some mule deer find habitat on thes e
soils.
Community development is limited by the steep slope s
and frost action in the Ascalon soil and by steep slope s
and stones in the Pena soil.
This complex is in capability subclass Vie , nonirrigated .
8-Atencio-Azeltine complex, to 3 percent
slopes. These nearly level to gently sloping soils are on
alluvial fans and terraces. Elevation ranges from 5 ,000 t o
7,000 feet. The soils formed in mixed alluvium derived
from red-bed shale and sandstone . The average annual
precipitation is about 14 inches, the average annual air
temperature is about 47 degrees F , and the average
annual frost-free period is about 110 days .
The Atencio soil makes up about 45 percent of the
map unit, and the Azeltine soil makes up about 45 per-
cent. Exposed areas of gravel make up about 1 0 percent
of the unit.
The Atencio soil is deep and well drained. Typically,
the surface layer is dark reddish gray sandy loam about
11 inches thick. The upper part of the subsoil is reddish
brown gravelly sandy clay loam about 12 inches thick ,
.. .
· d the lower part is brown gravelly sandy loam about 5
frriches thick. The substratum is sand, cobbles, and
,_gravel to a depth of 60 inch_es. . . .
.!:''Permeability of the Atencio soil 1s moderate, and avail-
; able water capacity is low. Effective rooting depth is 60
·inches or more . Surface runoff is slow, and the erosion
hazard is slight.
~, The Azeltine soil is deep and well drained. Typically,
'ihe surface layer is reddish gray gravelly sandy loam
about 8 inches thick. The underlying layer is reddish
brown gravelly sandy loam about 1 O inches thick. The
substratum is calcareous sand , gravel, and cobbles to a
depth of 60 inches or more . .
Permeabil ity of the Azeltine soil is moderately rapid ,
and water capacity is very low. Effective rooting depth is
about 60 inches or more. Surface runoff is slow, and the
erosion hazard is slight.
These soils are used mainly for grazing and crops.
Alfalfa, small grains, potatoes, and grass-legume hay are
the main crops.
.. This soil is irrigated mainly by flooding . Grassed water-
-ways and minimum tillage prevent serious erosion. Cover
_crops or stubble mulching in dryfarmed areas also
reduce erosion .
~·.The native vegetation on these soils is mainly wheat-
. grass, sagebrush, and needleandthread.
) When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
·managing grazing maintains and improves range cond i-
tion . Seeding improves range in poor condition . Crested
wheatgrass, western wheatgrass, and Russian wildrye
are suitable for seeding . Preparing a seedbed and drilling
the seed are good practices. Reducing brush improves
the range.
Pheasant , dove, rabbit, squirrel, and some deer find
food and shelter on these soils, mainly in areas of crops.
Use of this soil for community development or as a
source of construction material is limited by the large
stones. Special design is needed for septic tank absorp-
tion fields because of seepage and the possibility of
polluting ground water.
This complex is in capability subclass IVs, irrigated ,
and Vis, nonirrigated.
9-Badland. This broadly defined unit consists of
steep and very steep, nearly barren land dissected by
many intermittent drainage channels that have cut into
the soft shale and sandstone of the Green River Forma-
tion and into the soft shale and siltstone of the Wasatch,
Mancos , and Mesa Verde Formations. Badland occurs
throughout the suNey area, mainly on steep foothills and
,·~mountainsides that have outcrops of shale or sandstone .
L~ About 85 percent or more of the area is unvegetated .
,: The water erosion hazard is very severe, and erosion is ft "'''ct" . {a rve .
\-t•
13
Ab o ut 15 percent of this map unit is small , isolated
areas of Lazear, Tanna, and Dollard soils. These soils
have o nly a sparse plant cover, mainly scattered pinyon
and juniper. The value for grazing is very limit~d . The
trees provide a little protection and cover for livestock
and wildlife .
Bad land is unsuitable for community development.
Bad land is in capability subclass VIiie, nonirrigated .
10-Begay sandy loam, 1 to 6 percent slopes. This
deep , well drained, nearly level to gently rolling soil is on
alluvia l fans and sides of valleys. Elevation ranges from
5,000 to 6,500 feet. This soil formed in alluvium derived
from red -bed sandstone and shale. The average annual
precipit ation is about 14 inches, the average annual air
temp erature is about 48 degrees F, and the average
frost-fr ee period is about 120 days. .
Typically, the surface laye r is red or yel_lo_w1sh red
sandy loam about 14 inches thick. The subsoil 1s yellow-
ish red fine sandy loam about 10 inches thick. The sub -
stratum is yellowish red stony sandy loam to a depth of
60 inches .
Included with this soil in mapping are small areas of
Olney and Ascalon soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is moderately rap id, and available water
capacity is low. Effective rooting depth is 60 inches.
Surfac e runoff is slow , and the erosion hazard is moder-
at e.
Thi s so il is used mainly for some irrigated pasture and
hay and for grazing . Small acreages of wheat , barley ,
and oats ·a re grown .
Fl ooding and sprink lers are suitable for irrigating th is
so il. This so il is droughty and needs frequent irrigation t o
matur e c rops. Controll ing the rate of water application
reduc es piping and erosion .
The nati ve vegetation on this soil is mainly wheat-
grass , needleandthread, and sagebrush .
When range condition deteriorates, forbs and shrub s
increase . When the range is in poor condition , undesira-
ble weed s and annual plants are numerous. Properly
managing grazing maintains and improves range cond i-
tion . Seed ing improves range in poor condition . Crested
wheatgras s , western wheatgrass, and Russian wil _dry e
are suitabl e for seeding . Preparing a seedbed and drilling
the seed are good practices.
Cottontail rabbit, squirrel, mourning dove, chukar, and
some mule deer find habitat on this soil.
Use of t his soil for community development and as a
source of construction material is limited by seepage ,
large stones, and excess fines .
Thie soil is in capability subclasses Ille, irrigated , and
IVe , nonirrigated .
11-Begay sandy loam, 6 to 12 percent ~lope~.
This deep, well drained, moderately sloping to rolling soil
..
•
~~-------------.......... • •
14
is on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. This soil formed in alluvium
derived from red-bed sandstone and shale. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 48 degrees F, and the
average frost-tree period is about 120 days.
Typically, the surface layer is red or yellowish red
sandy loam about 10 inches thick. The substratum is
yellowish red stony sandy loam to a depth of 60 inches .
Included with this soil in mapping are small areas of
Olney and Ascalon soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low . Effective rooting depth is 60 inches.
Surface runoff is moderate, and the erosion hazard is
severe.
This soil is used mainly tor irrigated pasture and hay
and tor grazing.
Flooding and sprinklers are suitable for irrigating this
soil. This soil is draughty and needs frequent irrigation to
mature crops. Controlling the rate of water application
reduces piping and erosion.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush is often necessary to improve dete-
riorated range . Seeding improves range in poor condi-
tion . Crested wheatgrass, western wheatgrass, and Rus-
sian wildrye are suitable for seeding . Preparing a
seedbed and drilling the seed are good practices .
Cottontail rabbit, squirrel, mourning dove , chukar, and
some mule deer find habitat on this soil.
Use of this soil tor community development and as a
source of construction material is limited by large stones,
seepage, and steep slopes .
This soil is in capability subclass IVe, irrigated and
nonirrigated.
12-Bucklon-lnchau loams, 25 to 50 percent
slopes. These moderately sloping to very steep soils are
on ridges and mountainsides. Elevation ranges from
7 ,000 to 9,500 feet. These so ils formed in sandstone
and shale residuum . The average annual precipitation is
about 18 inches, the average annual air temperature is
about 40 degrees F, and the average frost-tree period is
less than 75 days.
The Bucklon soil makes up about 55 percent of the
map unit, and the lnchau soil makes up about 35 per-
cent. The Bucklon soil is on the more steep, convex
parts of the landscape, and the lnchau soil is on the
slightly concave parts .
The Bucklon soil is shallow and well drained. An or-
ganic layer is on the surface in some areas . Typically ,
SOIL SUR V
the surface layer is dark grayish brown loam abou t
inches thick . The underlying material is dark gray 1
brown clay loam and grayish brown loam about
inches thick . Shale and sandstone bedrock is at a de ~
of 15 inches.
Permeability of the Bucklon soil is slow above bE-
rock. Available water capacity is very low. Effective ro :
ing depth is about 10 to 20 inches . Surface runoff
medium, and the erosion hazard is severe .
The lnchau soil is moderately deep and well drain E-
An organic layer is on the surface in some areas . Ty
cally , the surface layer is grayish brown loam abou1
inches thick. The upper part of the subsoil is dark gr c:
ish brown and yellowish brown clay loam about
inches thick, and the lower part is yellowish brown gr c
elly clay loam about 18 inches thick . Sandstone a:
shale bedrock is at a depth of 36 inches.
Permeability of the lnchau soil is moderate above be
rock, and available water capacity is moderate. Effect i
rooting depth is 20 to 40 inches. Surface runoff
medium, and the erosion hazard is severe .
Included with these soils in mapping are small areas
Cochetopa, Cimarron, and Jerry soils . The Cocheto ;
and Jerry soils have slopes of 25 to 50 percent. T
Cimarron soils are in small drainageways and ha
slopes of 2 to 12 percent. These areas make up 5 to ·
percent of the map unit.
These soils are used mainly for wildlife habitat a:
limited grazing.
The native vegetation on these soils is mainly Gam t
oak , elk sedge, and bromes.
When range condition deteriorate s, forbs and shru .
increase. When the rang e is in poor condition , Kentu c
bluegrass , undesirable weeds, and annual plants ar e r
merous . Properly managing grazing maintains and i
proves range condition .
Mule deer, elk , snowshoe rabbit , squirrel , and bL
grouse find habitat on these soils .
Community development is limited by steep slop E
depth to rock, and low strength.
This complex is in capability subclass Vlls , nonirrig <
ed.
13-Chilton channery loam, 3 to 6 percent slope
T his deep, well drained, gently sloping soil is on a ll uv
tans and sides of valleys. Elevation ranges from 5,000
6 ,500 feet. This soil formed in alluvium derived from re
bed shale and sandstone. The average annual precipi t
tion is about 14 inches , the average annual air tempe r
ture is about 46 degrees F, and the average frost -f n
period is about 120 days.
Typically, the surface layer is reddish brown channe
loam about 13 inches thick. The substratum is redd i!
brown, light brown, and pink very channery sandy 10 2
and very cobbly sandy loam to a depth of 60 inch e
Included with this soil in mapping are small areas
Begay and Morval soils . The Begay soils have slopes
~------------------··
EXHIBIT F'-1
JN Tlff, DT:/l'HJCT CGUR'l JN /\ND FOR
\·//\'rEil DIVISTO~l :;o. 5
fi'l'J\Ti~ OF COLORJ\DO
CJ\SE NO. 'vi-1 Hi9 Well No.
IN 'rHr: i·WrrER OF TllE )
J\PPLICJ\TION FOR )
. 1·/,\Ti·Jl HIGIIT.'.:; OF CARTER T. )
JACKSON & LOUISE VAN K. JACKSON)
IN TiiE R01\RING FORK )
RULING OF THE REFEREE
HIV~R OR ITS TRIBUTJ\RIES ) ABSOLUTE DECRi'.:E FOR
UNDEH GROUND WJ\TER RIG!iT.S
TRIBUTJ\RY I~~OLVED: )·
)
) IN GARF I ELD COUN'rY
And the Referee h~ving made the investigations required
by Article 21 of Chapter 148, C.H . .S. 1963, as amended docs hereby
mo..ke the followin8 ruline 1 to wit:
This application was referred to the Water Referee of
Water Division ·No . 5 on the 12th day of July , 1971_.
l~ Name of Applicant
· Address
Carter T. Jackson & Louise Van K. Jackson
Carbonda le , Golorado
2. The name of the structure is Jackson Hel 1 No. 2.
3. The Le Gal description of the struc'ture is: The wel 1 is locc:t ted
in the NE~SE~ of Section 27, T. 6 s., R. 89 W. of the 6th
r ·.M. at a point whence the Southeast Corner of said
Section 27 bears S. 19°03'.20 11 E. 2035.84 feet.
4. The depth of 'the well is 140 feet •.
5. The date of initiation of' appropriation is June 28 , 1962.
6. The amount of water claimed is O. 06 7 cubic foot per
second of time.
7. The use of the water is domestic.
8. The State Engineer's number is 12980.
9. The Priority date is June 28, 1962.
10. The date of the application was June 29, 1972.
It is the rulin5 of the Referee that the statc~cnts in the
applicntion are true nnd thr1t the abo'lc dc0cribcd water riGi1t is
approved and ~ranted the indicat,ed priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this rulinc shaJl become
effective upon filinG with the Water Clerk, subject to Judicial review
as provided by law.
d Done at the City of Glcm1ood Sprin8s 1 Colorado thi.s
Z 2. ?::!_ dny or £6vcc1>2 B1~ &-, 197-V.--
C)_:;'d.U~ f!-r::,,____
--a::,fc;r 1~1:r(~r~t~ .
Wntcr D1vn~10~ No . 5
State of \C'olorndo
f [;:~;:~~~~~
[DELANEY /,f\D lJALCOMB
_. ......... -----------~
-------------------·
EX HI BI T F-2
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'
November 6, 1995
Kent Benham
Holy Cross Electric Association
3799 Highway 82
Glenwood Springs, CO 81601
Dear Kent:
The City of Glenwood Springs is prepared to supply water and wastewater service to your expansion
properfy pur s u ant to the water line and sewer line extension agreements executed by the City, Holy Cross
Electric Assoc iation and Mr. Kurt Wigger in 1993 and 1994 .
The properties described lie immediate ly south of the ex is tin g o perations center for Holy Cross, and to
the east, across Highway 82 from the southerly expansion parcel. These land s are included in the refund
area provided for in the extension agreements. The expans ion parcels will r equ ire an amendment to th e
lega l description of the existing pre-annexation agreement prior to the actua l extens ion of serv ices. T hi s
s hould present no problems.
If yo u have any questions or concerns regardin g thi s issue, ple ase contact us .
Very truly yours,
l<<l~~uCM_J
Robin Mi llyard
Public Works Director
XC: Mike Copp
Larry Thompso n
B uddy Bums
806 COOPER AVENUE GLENWOOD SPRINGS, COLO RADO 8 1601 97n;9J .:;_ 7 :::.-;:::. i::,, v. 0 ·' :c-.., '"'~
...
1·55l5RES~URCE• EXHIBIT F-3 ••••• •••••ENG NEER NG NC
Garfield County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs CO 81601
RE: Holy Cross Electric/Parcel 1 Jackson Property
Dear Commissioners:
November 7, .1995
At the request of John Kemp acting on behalf of Holy Cross Electric, Resource
Engineering, Inc. investigated the potential for developing an on-s ite well as a reliable
physical and legal water supply to serve Parcel 1 of the Jackson Property (see attached
map). Following are our conclusions based on the investigation .
LEGAL WATER SUPPLY
Parcel 1 lies within the boundaries of the Basalt Water Conservancy District (BWCD).
Further, it is in Area A of the BWCD which is included in the Substitute Water Supply Plan
approved by the State Engineer. It is our opinion that Holy Cross Electric could obtain a
water service contract with the District to provide the legal basis for a water supply to
serve eight residential units (employee housing) or any other reasonable domestic,
commercial or industrial use.
PHYSICAL WATER SUPPLY
Parcel 1 is located east of Highway 82 approximately 1,200 feet from the Roaring Fork
River. It is about 1 /2 miles downstream from two test wells drilled and pump tested for
the City of Glenwood Springs in 1987. Both wells were completed in alluvial deposits
below Maroon Formation Colluvium at depths of approximately 150 feet . Both wells were
very good producers. Wright Water Engineers (WWE) concluded that the test wells were
located in an old river channel of the Roaring Fork River and stated that a municipal well
field could be developed in this area.
Based on the WWE report It is our opinion that a domestic well can be developed on Parcel
1 at a depth of 100 to 150 feet. No guarantee can be implied however, and we
recommend that a test hole be drilled.
In summary, we believe that there is a high probability that an adequate legal and physical
water supply can be developed from a well on Parcel 1 of the Jackson property, located
in Section 26, Township 6 South, Range 89 West, 6th P.M., Garfield County, Colorado .
Respectfully submitted:
ne, .E.
Water Resource Engineer
PSB/mmm
577-1.0 jkholy.577
Consultin g Engineers and H ydrolog ists
909 C o l orado A v enue • Glenwood Springs . CO 81601 • (970) 945-6777 • Fax (970) 945-11 3 7
I
!
\
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PROPOSED
EX EMPTIONS MAP
SCALE 1" = 200'
JACKSON PROPERTY \ ~
APPROX.
143 ACRES
" 2. ' \ 9i '
~
\ ~
" c
\ c.:
S8 1'23 '48"W
183.4 1'
S82'56 '30"W \
190 . 16'
~
p 0.8.
s55·15·5rw
177 .75'
APPROX .
2 . 17 ACRES N58' 36' 33" E
274 .21'
------.
NOT54'28"W
291 .30 '
\
~N6 9 "59'37"E
382 .99 '
A.PPR OX.
;; 8 0 ACRE S
APPROX .
170 ACRE S
\
-, \ :..,
~ \ ;-n
\
\
\
\
\
', N15'4 8'W
\
25 .20'
'N81'23'2 1''E
186 .92 '
\
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• EXHIBIT F-4 ··~
~ DEPARTMENT OF EMERGENCY SERVICES
November 22, 1995
Mr. Mark Bean
GARCO Planning Department
109 8th Street
EMS • FIRE • RESCUE
Glenwood Springs, Colorado 81601
Dear Mark,
*
In reference to the Exemption parcels 1, 2 and 3 owned by Carter Jackson and shown on the
attached Exemption Map (reduced copy), be advised that all three parcels are within the boundaries
of the Glenwood Springs Rural Fire Protection District, and fire and EMS response will continue
as it now does. The property owners should be aware that if development occurs, requirements of
the Uniform Fire Code may need to be addressed.
If you have any questions or need further information, please give me a call.
9?7~ ~ck Jones, Assistant Fire Chief
Glenwood Springs Department of Emergency Services
cc: John L: Kemp, Atty., Holy· cross Electric
File
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 ... . ~ ....
,.
0
P ROPOSED
EXEMPTIONS MAP
SCALE 1" = 200'
\
JACKSON PROPERTY
APPROX .
143 ACRES
,!--__ _
RED; I :,!.;\/YON
J"\
E .1
~i
: SE.s-.36 · 48'' w
~2 4 .7 4 '
------
N07'54 '28''W
291 .30'
\\ ~N69'59'37"E
382.99'
AP PROX .
L BO ACRES
\ c
£ \ '£
,_ \ ?
\ ~ " ~ \ -\ \ rp \ s
" \I:' ("'\ \
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" c
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APPRO X.
170 ACRES
\
\
\
\
S81 '2.3 '48"w \
P.0.8 .
S85' 18'57"W
177.75'
APPROX .
2 .17 ACRES
18.3 .41'
\~--
N58'.36 '.3.3"E
274 21 '
'N81'2.3'21''E
186.92'
\
\
\
WATER LINE EXTENSION AGREEMENT
THIS AGREEMENT made this/e~day of May, 1993, by and between THE CITY OF
GLENWOOD SPRINGS, COLORADO, a home rule municipality (hereinafter the "City"),
KURT WIGGER (hereinafter "Wigger"), and HOLY CROSS ELECTRIC ASSOCIATION
(hereinafter "Holy Cross");
W I T N E S S E T H:
WHEREAS, the City owns and operates a municipal water system which provides water
service within the City limits and certain adjacent areas, pursuant to the Glenwood Springs
Municipal Code (hereinafter "City Code"); and
WHEREAS, Holy Cross is the owner of certain real property located south of the City
limits, which property is more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference (hereinafter "Holy Cross Property"); and
WHEREAS, Wigger is the owner of certain real property located south of the City limits,
which property is more particularly described in Exhibit B, attached hereto and incorporated
herein by this reference (hereinafter the "Wigger Property"); and
WHEREAS, Wigger currently receives City water service through a two-inch line which
extends across the Roaring Fork River to his property , but which service may be inadequate to
provide-Ji.re flows; arid
WHEREAS, Holy Cross and Wigger desire to have City water serv ice at their respective
properties; and
WHEREAS, the City is willing to provide municipal water service to both the Wigger
Property and the Holy Cross Property, pursuant to the City Code and the terms of this
Agreement; and
WHEREAS, Wigger and Ho ly Cross have agreed to undertake construction and
installation of a water line extension and appurtenant facilities using a 12-i nch line, which will
allow the City to provide municipal water service to the Wigger Property and the Holy Cross
Property, as well as, in a manner consistent with the C ity Code, to other existing properties and
potential future developments in areas currently located south of the City limits; and
WHEREAS, the water line extension (hereinafter "Project") wi ll commence at the
southern terminus of the City's existing water facilities, located on the east side of the Roaring
Fork River in the vicinity of the Rosebud Cemetery, then southerly along the County Road 154
right-of-way, then along a private right-of-way terminating at the north boundary of the Holy
Cross Property; and
C:\FlLES\WIGGER.2AG
May 6 , 1993
WHEREAS, the parties have agreed to a construction schedule for the Project, to a
funding mechanism which ensures the costs of the Project are appropriately apportioned and
reimbursed, and to related matters; and
WHEREAS, the parties desire to set forth their agreement in writing.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the adequacy and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Installation of Buffalo Valley Line Ex tension. Wigger and Holy Cross shall install
a 12-inch water line from the southern terminus of the existing City water lines, which point is
located in the vicinity of the Rosebud Cemetery, southerly along the County Road 154 right-of-
way, and across other necessary rights-of-way, to the north boundary line of the Holy Cross
Property. Wigger and Holy Cross shall also install all necessary appurtenant facilities, as
provided in the Project plans and specifications. Payment and reimbursement of Project costs
shall be pursuant to Paragraphs 4-7, below.
2. Project Plans and Specifications. The Project shall be completed in accordance
with the Project plans, contract documents and specifications, prepared by Schmueser Gordon
Meyer, dated April 1993. Upon completion of the final engineering and design plans for the
Project, Wigger and Holy Cross shall forward these plans to the City, which shall approve or
disapprove the plans in a timely fashion. In the event the City disapproves the plans, the City's
engineer shall meet with the engineers for Wigger and Holy Cross to formulate alternatives
necessary to implement this Agreement. The parties agree that time is of the essence to secure
agreement on the final plans and specifications. The Project plans must conform to the City
Code and City specifications for similar water line extensions. Upon approval, the parties shall
execute in triplicate a document clearly specifying the approved plans and specifications to
provide all parties certainty as to the agreed upon plans and specifications .
3. Warranty. As required by City Cod(! Section .080.040.030, Wigger shall warrant
all Project facilities which are conveyed to the City pu rsuant to this Agreement for a period of
one (1) year from the date the City Engineer certifies in writing that the Project conforms with
the approved specifications and plans, and with any duly approved change order, the certification
date for which shall also be known as the acceptance date. Specifically, but not by way of
limitation, Wigger shall warrant that any and all facil ities conveyed to the City shall be free of
any defects in materials or workmanship for a period of one (1) year.
4. Costs of Project. As of the date of execution of this Agreement, the estimated
cost of the Project is $247,241.00 for labor and materi als, and $6,500 for engineering costs.
Wigger and Holy Cross agree to pay the total actual costs of the Project, subject to the
limitations below and to the Reimbursement provisions in Paragraph 6, below. "Project costs"
shall include all costs of construction, surveys, engineering and design, inspection,
administration and other necessary cos ts, but shall no t include legal fees , which shall be paid
C :\Fll..ESIWIGGER.2AG
May 6 , 1993 -2-
according to Paragraph 17, below . The estimated Project cost of $253, 741.00 shall be allocated
as follows:
A. $30,000.00 Holy Cross nonreimbursable tap and system improvement fee, and
fee credits. (See Paragraph 5, below).
B. $30,000 .00 Wigger nonreimbursable tap and system improvement fee, and fee
credits. (See Paragraph 5, below).
C. $95,000.00 Holy Cross reimbursable costs contribution to be repaid by future
water users according to Reimbursement provisions in Paragraph
6, below .
D. $98,741.00* Wigger reimbursable costs contribution to be repaid by future
water users according to Reimbursement provisions in Paragraph
6, below.
TOTAL: $253,741.00
*NOTE: Dollar amount of this category is subject to adjustment based upon final actual
costs. Wigger shall pay any increase in actual costs over $253,741.00 estimate.
Holy Cross' obligation for Project costs shall in no event exceed $125,000.00.
· 5. Holy ·cross/Wigger Nonreimbursable F ees and Fee Credits. In consideration of
their respective nonreimbursable contributions of $30, 000. 00 each (See Paragraph 4. A. and 4. B.,
above), Wigger and Holy Cross shall receive credits for such amounts against any current or
future water tap fees the City levies pursuant to City Code Section 080.040.0lO(c), and any
current or future water system improvement fees the City levies pursuant to City Code Article
080.060. However, these credits shall be appurtenant to and apply only to the Holy Cross
Property and the Wigger Property described , respective1y, on Exhibits A and B. The City
agrees that Wigger had, prior .to the exeet1tion of th is Agreement, City water service for his
existing restaurant in an amount equal to 13.4 EQR. Therefore, the credit received by Wigger
pursuant to this. Paragraph shall apply only to water service in excess of the 13.4 EQR existing
service level, and only the fees associated with the increase in the level of service resulting from
the expansion of the restaurant currently under construction shall be deducted from the credit
established herein. Wigger and Holy Cross shall not be required to pay the surcharges imposed
pursuant to Paragraph 6 .
6 . Holy Cross/Wigger Reimbursable Costs . The City agrees that Wigger and Holy
Cross shall be entitled to recoup a portion of the Proj ect costs, as such Project is intended to
provide for a transmission line to service large areas currently within the City limits, or areas
which will potentially be within the City limits. The City further agrees that reimbursement is
appropriate as Wigger and Holy Cross will install an oversized line in respect to the needs of
C:IFILE.SIWIGGER.2AG
May 6, 1993 -3-
their properties. The reimbursable costs contributions of Holy Cross ($95,000 .00) and Wigger
($98, 741.00, or higher amount based on actual costs) shall be paid as follows:
A. City Funds. Subject to budgeting and appropriation as part of the City's 1994
budget (which shall be a condition precedent to any obligation on the part of the
City), the City agrees to pay Wigger $30,000.00 and Holy Cross $30,000.00,
which amounts shall be credited against each party's respective reimbursable
costs, as provided for in Paragraph 4 .C. and 4.D., above, and which amounts
shall be payable on or before June 1, 1994. If the City fails to appropriate said
$60,000 .00 and/or pay Wigger or Holy Cross said $60,000.00, or any portion
thereof, on or before June 1, 1994, the balance of such amount not paid shall be
added to the reimbursable costs due Wigger and Holy Cross as set forth in
Paragraphs 4.C . and 4.D., above, and shall accrue interest from the date of
acceptance of the project in acco rdance with Paragraph 6.E. The City
affirmatively states its present intention is to budget and appropriate the amount
provided for in this paragraph in fisc al 1994. In the event that the $60,000 is not
budgeted and paid in fiscal 1994, the City shall annual ly thereafter consider
budgeting and appropriating the balance not paid, together with interest.
B. Reimbursement Zone Surcharges. W igger and Holy Cross shall also be entitled
to recoup their reimbursable costs through the collection of surcharges levied on
users of the Project water line and appurtenant facilities. For purposes of this
recoupment, there is hereby established a Reimbursement Zone which consist of
all property east of the Roaring Fork River and south of that east/west line
-corresponding to the southern terminu s of the City's existing water line facilities
located in the vicinity of the Ro sebud Cemetery . Surcharges for this
Reimbursement Zone shall be as follo ws:
C :\RLES\WIGGER.2AG
May 6 , 1993
(1) Taps. For each new residential water service tap and each new residential
fire hydrant tap that utilizes the Project water line, any extension thereof,
or any exten~ion of an extension thereof, the person or entity requesting
such tap shall pay a surcharge of $4,500 per EQR and $4,500 for each
fire hydrant tap. For each commercial tap (other than a commercial fire
hydrant tap), or tap for other water uses that utilizes the project water
line, any extension thereof, or any extension of an ex tension thereof, the
person or entity requesting such tap shall pay a surcharge of $4 ,500 per
EQR; provided, however, that in no event shall the total surcharge due for
such a tap exceed $30,000. For each new commercial fire hydrant tap
that utilizes the Project water lin e, any extension thereof, or any extension
of an extension thereof, the person or entity requesting such tap shall pay
a surcharge of $20,000.00 . For purposes of this surcharge, a
"commercial hydrant" is one which primarily services commercial
property, regardless of whether residential use is associated with the
commercial property. All references in this paragraph to EQR shall be as
-4-
established by the City Code.
(2) Extensions. In addition to any surcharges due and payable under
Paragraph 6.B.(1), any person or entity seeking to extend to the south or
to the east from the Holy Cross Property the Project water lines shall pay
a surcharge of $30,000.00, and shall pay a surcharge of $20,000.00 for
any extension connecting to an extension of the Project water line.
(3) Surcharge as an Additional Charge. The parties acknowledge that all
surcharges established herein shall be in addition to City tap fees and
system improvement fees, and shall be collected by the City for Wigger
and Holy Cross, and shall be payable directly to Wigger and Holy Cross
as provided in Paragraph 6. C., below.
(4) Surcharge Payment Nonrefundable. All surcharge payments provided for
herein, once paid, shall be nonrefundable.
C. Collection: Establishment of Water Line Extension Reimbursement Fund.
Wigger and Holy Cross shall establish a joint interest-bearing checking account
which shall be called the Water Line Extension Reimbursement Fund Account
(hereinafter "Fund"). At the time the City collects the first half of its system
improvement fee (as provided in Ci ty Code Section 080.060.050) for any tap
made in the Reimbursement Zone, and at the time of commencement of
construction of any extension, or any extension of an extension of the Project
·line, it shall collect the appropriate surcharge, ·as established above, payable
directly to the Fund. Holy Cross and Wigger, as managers of the Fund, shall
perform an annual accounting of all surcharges deposited in the fund, and shall
present such accounting, along with a statement of the outstanding balance of
reimbursable amounts, to the City for its approval. The City shall have full
access to all the records of such a~count. When Wi~ger ~d Holy Cross have
recouped all of their rei mbursable costs, together with accrued interest, they shall
close the Fund account and promptly forward the remaining balance, if any, to
the City, and all reimbursement surcharges provided for herein shall terminate.
Holy Cross and Wigger shall, on a quarterly basis, distribute monies in the Fund
to Wigger and Holy Cross in proportion to their contributions to the total
reimbursable costs of the Project. For example, if, as a result of actual
contributions by Wigger to the total project costs, Wigger has paid 55 % of the
total reimbursable costs and Holy Cross has paid 45 % of the total reimbursable
costs, quarterly distributions shall be made based upon such ratio. All
withdrawals from the Fund shall require the signature of both Holy Cross and
Wigger.
D. Time of Collection: Surcharge as Lien. The Reimbursement Zone surcharges
shall be due in the same manner as the City's system improvement fees, as
C:\F1LES\WIGGER.2AG
May 6. 1993 -5-
provided in City Code Section 080 .060.050. Furthermore, such surcharges shall
constitute a perpetual lien upon the respective property until paid, and such lien
may be enforced as provided in City Code Section 080.010.100 ~@.:.
E. Interest. Wigger and Holy Cross shall be entitled to simple interest at the rate
of 5% per annum calculated and compounded every twelve (12) months following
acceptance of the water line project by the City . For example, if the total
reimbursable costs are $120,000 and , in the first twelve (12) months, $30,000 in
surcharges are collected, the balance of the end of such twelve (12) months is
$90,000; at which time 5 % interest shall be added to the remaining balance, (i.e.
$94,500) and a similar calculation shall be made each year until all reimbursable
costs, together with accrued interest have been paid. In the event the City fails
to pay $60,000 to Wigger and Holy Cross as provided in Paragraph 6.A., such
amount shall become part of the reimbursable costs set forth in Paragraphs 4.C.
and 4 .D ., and interest shall accrue as provided in this Paragraph.
F. Certification of Actual Costs. Upon completion of the Project, Wigger and Holy
Cross shall certify the total actual costs of the Project for review and approval by
the City. Upon request, Wigger and Holy Cross shall provide the City with
canceled checks, invoices and all other documents evidencing actual costs. Once
approved by the City, Wigger's rei mbursable costs shall be calculated and
approved by the City.
G. Reimbursement Term . The parties agree that Holy Cross and Wigger's right to
obtain reimbursement for Project co sts and the City obligation to impose and
collect the surcharges provided for herein shall expire at such time as Wigger and
Holy Cross recoup their full reimbursable costs, but in no event later than twenty
(20) years from the date of acceptance by the City of the Project water line, and
on such date, any remaining balance due to Wigger and Holy Cross shall be
deemed a contribution of such amoun ts by Wigger and Holy Cross to the City.
7. Prepayments. Holy Cross, Wigger and the City shall have the right, individually
or collectively , to negotiate for prepayment of any surcharges required for taps in the
Reimbursement Zone. If such prepayment is made, the surcharge shall be deposited in the Fund
upon receipt. If Wigger or Holy Cross collect a p repayment , they shall, as fund managers,
provide notice to the City that such surcharges have been paid , and specifically identify which
properties are benefitted by such prepayment. Such prepayment shall be nontransferable from
the property for which it was originally paid. Wigger and Holy Cross shall not, without the
consent of the City, enter into prepayment agreements with regard to property outside the City
limits.
8. Conveyance of Facilities. Within fifteen (15) days of acceptance of the Project,
Wigger and Holy Cross shall execute a quit-claim deed to the City conveying any interests they
have in the Project facilities. Wigger and Holy Cross shall also execute a bill of sale conveying
C :IFILESIWIGGER.2AG
May 6. 1993 -6-
to the City, free and clear of all liens and encumbrances, the 12-inch transmission line and all
appurtenant water facilities not used solely for their respective properties. Wigger shall provide
the City with lien waivers from all contractors, subcontractors and material suppliers. Holy
Cross and Wigger shall also assign to the City all private easements they acquire in order to
carry out the terms of this Agreement, which easements shall be subject to the approval of the
City attorney. Once conveyed to the City, subject to the warranty provisions of Paragraph 3,
the city shall be solely responsible for operation, maintenance, repair and replacement of Project
facilities, permits and easements owned by the City. Wigger and Holy Cross shall be solely
responsible, at their costs, to obtain a right-of-way permit from Garfield County and any private
easements. The permit obtained from Garfield shall name the City as the ultimate owner of the
facilities to be installed. Acceptance of the Project by the City shall not occur prior to the City's
receipt of written verification from Garfield County that all terms of the right-of-way permit
have been satisfied. The parties acknowledge that the proposed contractor for the project has
obtained a right-of-way permit (Permit No. 040-93U) from Garfield County for the project.
Wigger agrees that he, in conjunction with the contractor, shall be solely responsible for
compliance with permit conditions and shall hold the City harmless against any claim by the
County arising out of said permit.
9 . Change Orders. To facilitate completion of the Project and installation of the
facilities in accordance with the law, rules, and regulations of the City, Wigger and Holy Cross,
and their contractors and agents, may propose reasonable change orders, and shall provide all
parties to this Agreement notice of and a copy of the same. Within two (2) days, or such lesser
period as maybe required under the circumstances, of receiving notice and a copy of the change
order, all parties must either approve the change order or propose an alternative which will not
result in unreasonable delay . Any suggested alternative shall be subject to City approval. If the
parties fail to approve the change order or suggest an alternative within two (2) days, the
contractor may proceed with the change . The costs of all approved change orders shall be
considered part of the Project costs .
10. Project Control. Wigger shall be responsible for the construction of the Project,
in cooperation with the City and Holy Cross; provided, however, that Wigger shall execute any
contracts associated with the Project solely in his naine. Nothing herein shall be construed to
modify the provisions of Paragraph 9.
11. City Control of Water Tap and Extensions. The City shall retain sole and
absolute discretion concerning the extension of water taps from the Project water line and the
sole and absolute discretion to allow or disallow further extensions of the Project water line.
Holy Cross and Wigger's only right concerning such taps and extensions shaH be the right to
collect surcharges, as provided for herein.
12. Inspections. Wigger shall, as part of the Project costs, employ a registered
professional engineer to conduct inspections during construction, as frequently as may be
necessary, as determined by the City and Wigger. The City may undertake, at its cost, such
inspections as it deems appropriate. To facilitate City inspections, Wigger's engineer shall keep
C :IFILESIWIGGER.2AG
May 6, 1993 -7-
the City engineer regularly apprised of the status of the Project. Wigger's engineer shall, upon
completion of the construction, furnish the City with a reproducible copy of as-built drawings,
together with written certification that the Project was completed in substantial conformance with
the approved plans and specifications and any approved change orders.
13. Additional Water Line Easements. Holy Cross and Wigger agree to convey to
the City without charge an additional water line easement across their respective properties, in
a location to be mutually agreed upon, and consent to which shall not be unreasonably withheld,
to allow the City to extend the water lines to the west, and, in the case of Holy Cross, to the
south. For this purpose, if Wigger or Holy Cross desire to build additional structures on their
respective properties, they shall consult with the City and locate and convey such easement to
the City. All easements established under this Paragraph shall be subject to an obligation on the
City to repair and revegetate disturbed areas.
14. Temporary Use of Existing Water Line. The City agrees that, until completion
of the Project and acceptance by the City, Wigger may continue to use the existing two-inch
water line to provide service to the Wigger Property. Wigger's connection to the two-inch line
shall be severed and disconnected upon Wigger's connection to the Project water line, which
shall occur immediately upon Project completion.
15. Pre-Annexation Agreement. As required by City Code Section
080.040.030(C)(l)(e), and pursuant to C.R.S. §31-12-121, Wigger and Holy Cross agree to
immediately annex their properties to the City when el igible for annexation and upon request by
the City. The provisions of this paragraph may be specifically enforced by the City .
16. Force Majeure. If by reason of force ma jeure any party is unable in whole or in
part to carry out its obligations under this Agreement, it shall not be deemed in breach during
the continuance of such inability or during any other delays which are a di rect consequence of
a force majeure inability, and the time for completion of such obligation shall be extended to
cover such delays. The term "force majeure" as used herein shall mean , without limitation, the
following: Acts of God; strikes, lockouts, or other industriaf"disturbances; acts of public
enemies; orders or restraints of any kind of the government of the United States of America or
any of its departments, agencies, or officials, or any civil or military authority; insurrections;
riots; landslides; earthquakes; fires; storms; droughts; floods ; explosions; breakage or accident
to machinery, transmission pipes, or canals; or any other cause of event no t reasonably within
the control of the party claiming the force majeure and not resulting from its negligence. The
parties agree, however, to remedy with all reasonable d ispatch the cause or causes preventing
them from carrying out their obligations under this Agreement; provided, however, that this
requirement shall not require the settlement of strikes, lockouts, and other labor difficulties.
17. Attorneys' Fees. Each party shall bear its own attorneys' fees incurred in the
design and construction of the Project and in the implementation of this Agreement. However,
in the event litigation is necessary to enforce the righ ts of the parties to th is Agreement, as
between themselves, the prevailing party in such litigation shall be entitled to reasonable
C:\FILES\WIGGER.2AG
May 6, 1993 -8-
attorneys' fees and costs of suit actually incurred.
18. Complete Agreement. This Agreement constitutes the entire and complete
agreement between the parties and any modification or amendment hereto shall be evidenced by
a writing signed by the parties.
19. Binding Effect. This Agreement shall be binding upon and inure to the benefit
of the parties, their heirs, successors, grantees and assigns.
20. Authority. Each person executing this Agreement represents and warrants that
he has been duly authorized by the party which he purports to represent to execute this
Agreement and has authority to bind said party to the terms and conditions hereof.
21. Notice. All notices required under th is Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-two (72) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to City of
Glenwood Springs:
-with copy to:
Notice to Kurt Wigger:
With copy to:
Notice to Holy Cross
With copy to:
C:\FILES\WIGGER2AG
May 6. 1993 -9-
cl o City Manager
806 Cooper Avenue
Glenwood Springs, CO 81601
·City Attorney
806 Cooper Avenue
Glenwood Springs, CO 81601
5011 County Road 154
Glenwood Springs, CO 81601
Walter E. Brown, III, Esq.
1120 Grand Avenue
P. 0. Box 2010
Glenwood Springs, CO 81602
cl o General Manager
P . 0. Drawer 2150
Glenwood Springs, CO 81602
John Kemp, Esq.
905 Grand Avenue
Glenwood Springs, CO 81601
IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate original
on the day and year first written above .
C :\FJLES\WlGGER.2AG
May 6 , 1993
By
By
Mayor
HOLY CROSS ELECTRIC ASSOCIATION
anager
KURT WIGGER
-10-
EXHIBIT "A'' TO WATER LINE EXTENSION
AGREEMENT
1?arcel No. l .-A tract of land situate in the ~~ 0£ seeti~ 27 ~ ·.Tp. 6-s. I ~
a·9 fl. ;-bt:h-P .M. , and mre fully deScrli::e:l as follc;w.): Beginning at the East
Quarter Corner of said Sec. 27; thence N; 2 54' W. 796. 72 ft. along the F.ast
of said Sec. 27; thence S. 67 19' w. S67.S7 ·ft. to the center of the P.oaring F
River; thence s. a 27' E. 439".ll ft. along the center of the Poaring Fork River;
and the.nee S.)~ijS 2 1 E~· 777 ft. to the point o! beginning, containing l.1.37_acres
-~t:e er~less, together with any and all ~rovements situate thereupon•,-~~?
No. 2 ~-:Ibat part of the SW.~ of Section 26, T. 6 s., R. 89 w. of the ··Offi E':M.
Iymg Westerly of the Westerly l.iJlS of tbe right of way of the tenver and Rio
Grande l'lest:ern Railroad Carpany. Together with MY and all easenents and rights
of way api;:urtenant to said above described land incluiing the rights of way
described in Dx\.:ment No. 169887 in .Book 245 at Page 210 and in ~t No.
169889 in Book 245 at Page 213, as recorded in the office of the Clerk and
~rder of_ GarfieJ.t?-~ty, ColOrado. · · · · --
STATE OF COLORADO
COUNTY OF GARFIELD
·:
: .. ·
•
"EXHIBIT B"
WATER LINE EXTENSION AGREEMENT
A e:ac: o! land •it~4ted in t~~ Zl/2~T/4 c! S~tioa l7 1
'!'ownch.i.p & a<luc.!'1, liUtnq• 8~ We:sc o~ t!le 6t~ Pdnc:!.pa1
He~idi~n, l'.:4~!l•ld Coun~~, Stat~ o! Colorada, dc~c=ib•d
'
\ad bec;tnn.i.nq ~c: c::~me:-Nq. 1 ?:idnq a p-ol.nl: wl\•no• t..'i•
.!!~u1t Ou.at"-:4:" CQrne:-o~ ~&id S~:!cin 27 bea.r.s s. 12•1;• !:. 1U,.036 te•C1 t:.!le:'lcis s. 3!.ll' w. 30 1 .111
ie•C eo Co:~e: Ne. •1 t~~nc~ S. ss•21• W.·11.2~ f••t ~o
C:.OC'no:-No. 3.; thenc:~ N. 6a•o:z• w. 93.09 l•ec:. ta c.or:ier
No .. .C1 t.he:ice N ... ·41•07• W'. 68.2l ta~~ ta C::oC':•r lto. ''
t hc~c:• N. .C_. • 0 :i • ff. 1 4 9. t 1 l ••<: to C:o r:i• = No. '1 1:.henc:c ·
H. 6J•1s• ~. 11,.41 f!~t to Cor~e~ No. 11 t~ance
N. 51•20•. E. :~2.53 ~aec to t.'\e Was:edf ri'Iht:~f~ay
· l.i:ie o! !or:ue~ st.a.ta Siqnway !lo. al (pC' or to · '
\) r~onJS:::-uc:~!on and raallqnm~~c t.'l•r•o~ b:r Pt'ojec: lto.
SOllO (i) &# d•sc:ib.& lQ Ccc~m~~I: No. 177~SJ r•~rdad in
• -t:.!le cc.nee ol! ~· Cl.ed: and -~•<:ordet', c:ar!iel4 coun1:7,
Colori1do) to Corner No. a: th~nc• S. !S.07' I. 100.00
~··~ Ll.oAq t:h• al)oTc de~c~ib~ Wes~crly ~i9ht~:-...ay l.l.~•
ol tor:nar seac• ai9nvay ~o. a~ Cp~!ot' ~o rec~ns~ruc~ig~
and reali~cm•nt) to Corn•r He. 91 t h.nee s. 53·~1· ~.
~5.~0 !••C a.lon~ t!l• aboY• d•1c~ib•d We~terly
r"ight:•~l•W&? line C~ to r:l2ei:" .!l:&t• lighway ?le. 82 (prJ.or
to racoc~t~uc~ion and rea.liqn.mentJ to Co~~•r ~o. 10;
ti-i.nce s. 3g·~o·J~· z. 22.78 l•e~ t o COrn•r ~o. 1, t.ha
point ol _~e<Jinn!ag.
STATE OF COLORADO
COUNTY OF GARFIELD
GARFIEL ~COUNTY SURVEYOR~ OFFICE
GARFIELD COUNTY PLANNING DEPT .
109 EIGHTH STREET
GLENWOOD SPRINGS, CO .
81601
ATTN: MR. MARK BEAN, DIRECTOR
JULY 5, 1996
RE: COUNTY SURVEYOR REVIEW OF THE JACKSON SUBDIVISION EXEMPTION PLAT
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING:
1) THE WRITTEN DESCRIPTION OF PARCEL 1 RECITES THE INFORMATION FOR CURVE 1 AND THEN
THE CALL FOR N.08DEG.24'14"W. 95.20 FEET ALONG THE EAST RIGHT OF WAY FOR HIGHWAY #82
WHILE THE PLAT SHOWS THE INFORMATION IN REVERSE .
2) A STATEMENT OF BASIS OF BEARINGS MUST APPEAR ON THE PLAT. IF A PREVIOUS SURVEY
WAS USED TO PREPARE THIS PLAT, THEN AT A MINIMUM THIS PLAT SHOULD RECITE THE SAME BASIS
OF BEARINGS AS USED FOR THE PREVIOUS SURVEY.
3) THE DATE IN THE COMMISSIONERS CERTIFICATE IS 1995 . THIS SHOULD BE CHANGED TO
1996.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO GIVE ME A CALL.
CC :
JEROME GAMBA, P.E.L.S.
JEROME GAMBA AND ASSOC .
113 NINTH ST.
GLENWOOD SPRINGS, CO .
81601
SENT VIA FAX: {970) 945-1410
COUNTY FILES
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 81601
(970) 945-13 77, Ext . 2510
SINCERELY ;
/~
AS GARFIELD COUNTY SURVEYOR
Samuel Phelps
G arfi el d County Su rveyor
Private Office
214 E. Eight h St reet , Ste . 210
G le n wood Sp ri ngs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565
GARFIEL ~COUNN SURVEYOR~ OFFICE
PLAT REVIEW INVOICE
ATTN: MR. MARK BEAN
DIRECTOR, GARFIELD COUNTY PLANNING DEPT .
109 EIGHTH ST .
GLENWOOD SPRINGS, CO.
81601
PLAT NAME: JACKSON SUBDIVISION EXEMPTION
DATE OF REVIEW : JULY 3, 1996
PLAT REVIEWED BY: SAMUEL PHELPS
DESCRIPTION OF SERVICES :
REVIEW PLAT SUBMITTED TO COUNTY.
1 HR . @ $40.00 P/H
JULY 5 , 1996
$40 .00
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT YOUR CONVENIENCE.
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 8160 1
(970) 945-1377 , Ext . 2510
Samuel Phelps
G arfiel d County Surveyor
AS SURVEYOR
Private Office
2 14 E. Eighth Str eet , Ste. 210
G le nwood Sp rin gs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565
f • -
Mark Bean
LAW OFFICE OF
JO HN L. KEMP, P.C.
905 GRAND AVE ., SU ITE 2
GLENWOOD SPRINGS . COLORADO 81601
TELEPHONE : (970) 945-2223
FAX : (970) 945-2376
April 29, 1996
Garfield County Planning Director
Garf i eld County Planning Off ice
Garf i eld County Courthouse
Glenwo o d Springs, Colorado
Re: Holy Cross/Carter Jackson Exemption
Dear Mark:
HAND DELIVERED
I am herewith enc l osing a copy of a Lease obtained by Holy
Cross from the Denver and Rio Grande Western Railroad . We believe
this puts us in compliance with Item 7 of your letter of February
23, 1996. The point where the water and sewer lines leave the
Jacks o n property (Parcel 3) and crosses under the railroad right-
of -way is 10 ft. south of the north line of Parcel 3 along the east
line . This will be shown on the Exemption Plat.
Please review the Lease at your earliest convenience and let
me know whether , in your opinion, this condition has now been met.
It has been my pleasure to be of service to you.
JLK/jtk
Enc .
Very truly yours,
-:,~1 :J ¢;;::~
J ohn L. Kemp
cc : Mr . John McClenahan, HCEA
Form C.S . 3-100 Approved as to fonn by General Counsel Man:h 23, J 993
Revised: Dcccmber 4, 1992
IN CONNECTION WITH:
SEE DIC C tV ,;{e e:=-B-z:
Page 1 of 4
AUDIT NO. Z/?;+ 3 3 RELMIS: WAB-364 .11
UNDERGROUND PIPELINE
(SEWER -WATER -STORM DRAIN -ETC.)
LEASE
No . 1 \?.J.3 .:L
LEAS EE
No. 3t..iD~¥'
THIS AGREEMENT, made this 2nd day of April, 1996, by and between SOUTHERN
PACIFIC TRANSPORTATION COMPANY, a corporation, and THE DENVER AND RIO
GRANDE WESTERN RAILROAD COMPANY, a corporation, hereinafter collectively referred
to as (Li censor), and HOLY CROSS ELECTRIC ASSOCIATION, a corporation, address : P .O.
Box 2150, Glenwood Springs, Colorado 81602, (Licensee);
WITNESSETH :
1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct,
maintain and operate, subject to the terms of this Agreement, a 4-inch water pipeline and a 4-inch
sewer pipeline withi n a 12-inch st eel casing (herein called "structure"), at or near Glenwood Springs,
County of Garfield, State of Colorado, in the location shown on the attached print of Drawing G-663,
sheets 1through3, dated March 25 , 1996 .
This grant is subject and subordinate to the prior and continu ing right of Licensor, its
successors and assigns, to use all of its pro perty in the conduct of its business , Licensor reserving full
rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate
existing and additional transportation, communication, pipeline and power facilities upon, over and
beneath it s premises.
2 . Ident ifying Markers : Markers in form and size satisfactory to Licensor shall be installed
and constantly maintained by Li ce nsee at Licensor's property lines or such locations as Licensor shall
designat e and shall be relocated or removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty by Licensor t hat there are no subsurface installations .
3 . Costs : Upon execution hereof, Licensee shall pay Licensor Four Hundred Seventy Five
Dollars ($4 7 5) partially to defray cost of handl ing .
In addition, as monetary consideration for the rights herein granted, Licensee shall pay to
Licensor the sum of Twenty Five Hundred Dollars ($2 ,500).
Licensee shall bear the entire cost of constructing, reconstructing, mai nt aining and operating
said structure on Licensor's premises . Licensee shall re imburse Licensor for all cost and expense to
Licensor in furnishing any materials or performing any labor in connection with such work, including,
Fonn C.S. 3400 Approved as to fonn by General Counsel March 23 , 1993
RC'<is ed : December 4, 1992
Page 2 of 4
but not limited to, installation of falsework and other protection beneath or along Licensor's tracks,
and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary .
4. Construction and M ai ntenance : Said structure shall be constructed, reconstructed and
maintained in accordance with plans approved by Licensor . Approval by Licensor shall not constitute
a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations
applicable thereto. All work upon or in connection with said structure shall be done to Licensor's
satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the
construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's
premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense . If
required by Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day
and hour it proposes to do any work on said structure.
Licensee shall cooperate with Licensor in making any tests Licensor requires of any
installation or condition which in its j udgment may have adverse effect on any of the facilities of
Licensor. All costs incurred by the test s, or any corrections thereafter, shall be borne by Licensee .
No change shall be made by Licensee in the commodity being conveyed through said structure
without Licensor's prior written approval. ·
5 . The rights herein granted are subject to the rig hts of Licensor (or anyone acting with the
permission of Licensor) to construct, reconstruct, maintain and operate fiber optic and other
telecommunications systems (systems) in, upon, along, across and beneath the premises and
rights-of-ways of Licensor including the premises through which said structure shall be constructed .
Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses
which either may incur which expenses would not have been incurred except by reason of the use of
the premises by Licensee, its agents, employees or invite es including relocation costs or any damages
incurred by such owner due to injury to the system(s).
' Licensee, at lea st five (5) days prior to performing any digging activ ities on the premises of
Licensor, must call 1-800-AT-FIBER (available 24 hours) to receive a Qwest Communications
Corporation control number. Licensee will be advised if a telecommunications system is buried
anywhere on or about the premises of Licensor in the location where Licensee will perform such
digging activities . If there is a telecommunications sys te m, Licensee will be advised as to the owner
of the telecommunications system and provided in structi ons on arran ging for a cable locator and will
be advised whether relocation or other protection for the telecommunications system is required prior
to beginning any work on the premises of Licensor.
6 . Li censee agrees to and shall indemnify and hold harmless Licensor, its officers , agents, and
employees from and against any and all claims, demands, losses, damages, causes of action, suits, and
liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related
thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or
---------~----ll:l'll>-'!Jlll:!'!---------·~--~---... ----· .. -· ... ---·
..
Form C.S. 3~00 Approved as lo form by General Counsel March 23, 1993
RC"\<iscd: December 4, 1992
Page 3 of 4
in connection with any work done, action taken or permitted by Licensee, its subcontractors, agents
or employees under this Agreement. It is the express intention of the parties hereto, both Licensee
and Licensor, that the indemnity provided for in this paragraph indemnifies Licensor for its own
negligence, whether that negligence is active or passive, or is the sole or a concurring cause of the
injury, death or damage; provided that said indemnity shall not protect Licensor from liability for
death, injury or damage arising solely from the criminal actions of Licensor, its officers, agents and
employees .
The term "Licensor" as used in this section shall include the successors, assigns and affiliated
companies of Licensor, and any other railroad company operating upon Licensor's tracks .
7. Condemnation: In the event all or any portion of Licensor's premises shall be condemned
or taken for public use, Licensee shall receive compensati on only for the taking and damaging of said
structure. Any compensation or damages for taking said premises or Licensee's interest therein
awarded to Licensee shall be assigned by Licensee to Licensor.
8. Termination: This Agreement may be terminated by either party hereto by giving thirty
(30) days' written notic e to that effe ct to the other party and Licensee shall thereupon remove said
structure and appurtenances and restore the premises of Licensor to Licensor's satisfaction failing
which Licensor may arrange to do so at Licensee's expense.
If Licensee makes default in respect to any covenant or condition on Licensee's part hereunder
and fails to correct such default withi n thirty (30) days' after receipt of notice from Licensor so to do,
Licensor may forthwith terminate this Agreement by notice to Licensee.
9 . Environmental Protection: Licensee shall, at its expense, comply with all applicable laws,
regulations, rules and orders regardless of when they become or became effective, including, without
limitation, those relati ng to health, safety, noise, environmental protection, waste disposal, and water
and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor.
\
Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise
from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise
of the rights granted hereunder, Licensee shall immediately notify Licensor and shall, at Licensee's
expense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor
or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by
Licensor is concerned) and any governmental body having jurisdiction in the matter. Licensor may,
at its option, clean Licensor's premises; if Lic en sor elects to do so, Licensee shall pay Licensor the
cost of such cleanup promptly upon the receipt of a bill therefor. Licensee agrees to release,
indemnify and defend Licensor from and against all liability, cost and expense (including, without
limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as
a result of Licensee's breach of this section, or as a r esul t of any such discharge, leakage, spillage,
emission or pollution, regardless of whether such liability, cost or expense arises during the time this
Agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely
and exclusively by the active negligence of Licensor, its officers, agents or employees .
'• Form C.S . 3~00 Approved ;u to form by General C ounsel March 23 , 1993
Revised: December 4, 1992
Page 4 of 4
10. Contractors: No work on Licensor's premises shall be commenced by any contractor for
Licensee until such contractor has entered into Licensor's standard Contractor's Right of Entry
agreement covering such work.
11 . Non-assignability: This Agreement is not assignable, in whole or in part, by Licensee
without Licensor's prior written consent.
12 . Liens: Licensee shall pay in full all person s who perform labor on said premises for
Licensee, and will not su ffer any mechanics' or materialmen's liens to be enforced against Licensor's
premises for work done or materials furnished at Licensee's instance or request. If any such liens are
filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any
judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse
so to do, Licensor shall have the right to pay any amount required to release any such lien or liens,
or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee
shall be liable to the Licensor for all costs, damages, and reasonable attorney fees, and any amounts
expended in defending any proceedings or in the payment of any said liens or any judgment obtained
therefor.
13 . Said structure shall be installed in accordance with minimum requirements of Form CS
17 41, also attached and made a part hereof ·
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
duplicate the day and year first herein written . ·
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
WITNESSED BY:
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
By ~~22/bd./~
(Ti6{D Manager-Contracts
LICENSEE
By __ A~~~ .. _...,.,.,~~~
(Title) 68in4<:::;,~ 1....
___________ .. _.,._.,.w-...cw-ww""w;""z '"'""'""'*mrn ...... -...,FO~.Wt"'l-""'.!'!".'!"'""''-iE'.,...•·-• --·~asr+o;nMw ......... ,_L_'olW'iil,w;-;.;;.·,...· _,.,.., ... ..._ , .. 4
••
:
INFORMATlON BY APPLICANT
APPLICANT TO FILL IN ALL INFORMATION LINES OR N/A IF IT DOES NOT APPLY.
PIPE LINE CARRYING c::::J . FLAMMABLE OR HAZARDOUS SUBSTANCES
(SEE RAILROAD STANDARD C.S. 1742 I
CllJ NON-FLAMMABLE SUBSTANCES
(SEE RAILROAD STANDARD C.S. 1741)
c::::J CULVERT ____________ _
APPLICANT DOING BUSINESS AS: f1Ho1YIWALJJ I CORPORATION !tj I PARTNERSHIP Tl I PUBLIC AGENcTfl
DATE' - -March_J _,_199.§_ ----- ------ - - - - - - - - ----- - - - - ----
APPLICANT _HOLY._CROSS_!:LECTRl_C~~OCIAT!.Qli,_ l_N~_ - - - -- --'-- - - - - - - - - - ----
ADDRESS -P._Q.__prawer_215Q_ _____ ----- - ------------ - ------
CITY --_Glenwood_?@~~ ------ --STATE -Colorad<L - - --ZIP -_81602 -- - ---
CONTACT PERSON -BoQ_Ball_igg~ ----- - - - - - - - - -PHONE -_27.Q_-~2_:5491... - -----
COUNTY OF PROJECT _GJ!_rfield_ ------- --- - - - - ---------- - ------
BASE ANO MERIDIAN ___________________________________ _
TOWNSHIP _6_5Ql.lth ______ RANGE __ 8_2 _.H~t-______ SECTION __ l.6 ________ _
FACILITY _ ~~r-__________________________________ _
PURPOSE -To _§_e.[Yfi_fJJ..tfilLGQ.~tnict.i&n-9!L~SJ... fil~ ...Q_f_!:!.i..g)11[9y_8.2.. -- ----- - -- - ---
rs AN EXISTING PIPELINE CROSSING TO BE A3AN00NED OR REMOVED CUE TO THIS PROJECT? ----------- -HS 0 NO !De
DISTANCE TO PERMANENT RAILWAY STRUCTURE -0 mil_e_!!lark_g__r_3 6 4+57Q_'._ ----- - --- - ----- ---
ANGLE OF CROSSING WITH TRACKS 90 --------------------------------SOIL CLASSIFICATION ______________ PIPE SLOPE OR GRAD I ENT ____________ _
CONTENTS TO BE HANDLED _. _. ________ • ___ • ___ •• __ • __
NOMINAL DIA.'IETER _ • _______ • _________________ • __ _
PIPE MATER I AL -•• _ ••••• _ ••• _ •• ____ • _ • _ • _ • _ • ___ _
SPECIFICATICN A.~O CRACE _ •••• ___ • _. _. ___ •• __ • ___ •• _
WALL THICl<NESS • _ ••• _ ••••• ___ ••• __ •••• _____ • _. _.
OPERATING PRESSURE/MAXMIUM TEST PRESSURE ----Yelarnine_ --
MINIMUM YIELD STRENGTH Of PIPE _ ••• ___ • __ •• _ •• ___ • _ ••
TYPE OF JOINT AND OUTSIDE DIAMETER •• _._ ••• _._._.·. __ ._
COATING l.IATERIAL _ •••• ___ •• _ •••• _. __ •••• __ • _. _. _
!.<ETHOD Of INSTALLATION._ •••• _. __ ._ ••••• __ ._ •••• __
LOCATION OF BORING OR JACKING PIT FROM CENTERLINE OF TRACK •••
LEHGTH OF CASING (ACTUAU _ ••• _. ___ •• __ • __ • __ ••••• _.
DISTANCE OF CASING PERPENDICULAR FROM CENTERLINE OF TRACK ••••• L
VEllTS' NUM8ER --_SIZE_. _DISTANCE OUT FROM CENTERLINE •••• L
DISTANCE TO SHUT-OFF VALVES O.~ EACH SIDE OF R/Wo ••• _ •• __ •• L
BURY' BASE OF RAIL TO TOP OF CASING _. _. __ ••• _ •••••• _.
BURY• ROADWAY DITCH ES _ •• __ • __ ••••• _. _.: •• _. _ ••• _
C A RRIER PIPE CASING PIPE
sewer -41,-------12 11 ·steel
-cast-------Schedule 40 __ _ = as r~ired = = = = as r~ired~I -~~~ired___ -~~------
-2SQ__PSI _J_ ]_,')Q_PSI_dip
_ as _r_e_illlire_Q_ _ _ _ _as _!:_e~irede'nt;.~sJ~~)
_as~~U~---_asE~ired __ _
_ as _Le~ire_Q_ _ _ _ _ NA ______ _
_ install_'!!'ithinJ!r_y .t)Origg _______ _
~. minimum ~5 +:t · ------------lOoft. ____ _
20 ft. minimum R -20f't-:-minimum--
-NA - - - - ---. R -NA 7"" --:-: •• ~ - - --= SO ft. if re~ir~ R = 50 ft. if requ:fr~
_ _2 ft!_minimum -------------
TYPE. SIZE AND SPACI N G OF INSULATORS OR SUPPORTS • __ •• __ •• ___________________ _
SEALS AT ENDS OF CASING' BOTH ENOS _L _ ONE ENO_ -TYPE rubber boot
CATHODIC PROTECTION - -_}lot _re_gµjJgQ._ -----=---_ -=------:--------.------
CASI HG FILLER -- - - -Ji.one_ - - - --- --- - --~ ~~ ~ ~ ~ ~ -=--~-=--~ ~ ~ ~ ~~-=---.:::
LONGITUDINAL PIPELIHES
{
DISTANCE FROM TRACK CENTERLINE ••• -.-••• _ .' •••••• _.. L ____ -
DEPTH OF BURY TO TOP OF PIPE._ •••••••• _ •••• __ ••• MIN. ____ _
HEIGHT FROM BASE OF RAIL TO TOP OF PIPE ••••• • • • • • • • • • MIN. ____ _
MAX.-----
MAX. ____ _
R
FlAMMABLE SUBSTANCE PIPELINE' CLASS LOCATION _____ DESIGH FACTOR ____ _
IF PIPE OR CASING DIA!.€TER IS GREATER TNAH 3'·6" APPLICANT SHAl.L SUBMIT ENGll<EERING. PLAHS. CALCULATIONS, SPECIFICATIONS. ANO SOILS REPORT.
APPROXIMATE DATE WORK WILL BE DOl<E _3_t.Q__ ~ars _!!l:i,_gimum. _Quite .£9SSibly_ 10 to 20 yeras.
l.llNIMUM OF ~ DAYS NOTICE REQUIRED PRIOR TO ENTRY FOR CDHSTRUCTION
UNDGlGROUND FIBRE OPTIC CABLE w:r BE LOCATED OH RIGHT-OF-WA'!'. CONTACT S.P. TELECOM AT (BOO) 2B3-42J7 TD VERIFY LOCATIOH AHO PRIOR TO DIGGING.
. -.
. INFORM A Tl ON BY RAJ LROAO
RAILR OAD CORP . -~{i,~-------------------
STATION NAMEW~E'N~-S~IN~S t ~-= =-·-_ ---_____ -= = == =
ROUTE NO. __ A___ MP _Jjz_lf_,J _____________________ _
MAIN LINE_--=-:::: ___ -~ ------' ________ ----_
BRANCH LINE _..E.~EN_B_E_A_t!C ____ -==------_ ------= == =
OTHER--=---2e>o-Sb-----------------------· --ENGl~EERING STATION __ ±_ __ - - _ _ _ -· ----- - -_
DISTANCE LEFT __ .,. _20_'._ ______ --;;-ISTANCE RIGHT __ •s~~ --------
VAL.SEC. _J.:S·~--SHT _ _] ___ = --------
. I NO. OF TRACKS CROSSED ________ _ PROPERTY TITLE •
JOINT FACILITY LINE TES 0 HO gj
RAILROAD INSPECTION REOUIREO ' YES ~ HO 0
CONGRESSIONAL Gi't ANT 0
RAILROAD Et.SEMEHT 0
FEE
FRAl<CHISE
0
0
ESTIMATED COST -----------
PHONE CALL FOR INSPECTION' (_?Qj_ J ~J..'4 . .::.~':!2_(R.~ GIU.TIE}(f!E2:)
R~G I ON _93.5~ _
DRAWING NO . _fz ~_3 = _ = = = = = = ~ = = = = = = = = -----------
S!iEET NO I vf I ---------- _
DATE _mAfZC.1:L°f!5_,_!3._C)(,, ====-------------------------------------------
UNDERGROUND SIGNAL OR COMMUNICATI ON LINE INVOL VED .•••••• -••••••••• -• -• --
flBEROPTIC LINE IHYOLYED . _ • _ •• _ • _ •• _ ••••• _____ •• __ •• _ ••••••••• _ •• _
SHORING PLAN AND CALCULATIONS R£0UIRED PRIOR TO CONSTR'JCTION. ----••••• -•• -
YES 0
TES 0
YES 0
NO~
NO~
NO~
R:.:rc:R=.:HCE TO ASSIGNED BLANKET AGREEMENT HO . ____ - - - - - - --- - - - -__ _
(<)
~,
,__ .... w
-'
iB
,__
G
"'
4" galvanized pipe w/HCEA name, address,
FOR UNDERG RO UND PI PELINE
I ~PRO J ECT flAR~ER R(OUIRED and .use affixed.
-----------------------------------------
R /W I ·
I /'fENCINEEH:NGSTATION '.2ro-t5b
'"'"' ~(, .....
liaabotltloodoooooobd
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:t b111~f18JJ CouNT'/
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L_ ____________ -?-:--------------R /W
. FOR UNDERGROUND PIPELINE ~PIPELINE ~ I
PROJECT MARKER REO'JIREO _/ !
I
I
4" galvanized pipe w/HCEA name, 1 HORTH
address, and use affixed. PLAN OF PIPELINE ·
HO SCALE
*IF ENGINEERING STATION OR MILE POST UNl<NOWH , GIYE THE DISTANCE ALONG TRACK
FROM RAILROAD STRUCTURE OR CENTERLINE OF PUBLIC STREET CROSSING.
As required -will be calculated by
certified engineer.
SOUTHERN PACIFIC LINES
DATA REQUIRED FOR PROPOSED
PIPELINE ACROSS OR ALONG
RIGHT OF WAY
FORM C.E.:. 41708, SHEET I REVISED JAN. II. 1994
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INFORMATION BY APPLICANT
...,P'\.ICNlT TO '1LL ltt All. 1,.,-0.lMA.TlOtf Ll"(J Olt: JUA. IF IT DOCS NOT N"'M.Y.
PIPE LlllE CARRYlllO c=J FUMMABU: OR HAZARDOUS SUBSTANCl:S
( ICC ltAllAOAD ITAJIOAllO C..I. tHt 1
CiD NON-FUMMABLE: SUBSTANCl:S
( S([ llAll.A0'-0 STANOMD C.I. llCI )
c::::::::J CULvtRT-------------
APPLICANT DOING BUSINESS AS: I"'""'"'"''-I J I «>lfo•rn°"-iXJ I t AATJ<(u"" I I ~..COlci[J
om-'--~~ ~~WX:TRTC...SsOC"illiON-wc':-- - - - - - - - - - - - - -- -- - - - -
Al'Pl.ICAHT F --o--- -u---- ---.L. -- - - - - - ----- - --- --- --- - -"""'''' c:;fe; ~~e!:.. L~ ______________________________ _
CITT---~~~r.!."ll!L ____ ----SU.I'"[ ..f'?.lo~_E.-----t,, __ a!.§cg __ --- -
C<>HTACT "'·"'°" - -J!.a.ll~r-- ----- - - - - - - --•KOH( ...2.7.Q:21~a9.l. - - - - - - -
COltHTY OF rrto..CCT _G!._rf_!e.!_d_ - - - - - - - - - - - - - - -- -- - - - - - - --- - - - -
~(-~~~------------------------------------,._... .. ~~!\_ ______ •....cc_....11.'LJl~L-------sccrio•..lL----------
r•ca.1rr ~'lt.e.r.. _ ------____ ------'---____________ ---·--_
""'Po$! _!o_JI~ ~l.Jlut ~~IL QA Yli...J!J,.d.e_gLi!191!Y'l.Y. fil _____ .;_ - -- _ - --_ -. .
]S A1' (XfS1Ut0 fllP£l.ttitC CADSSJxl TO a( .t.aA."100.lt(O O'l MMOVED tlJ£ TO T>US JtAG.1€.CT7 ...... • • .... •. 'rU 0 "° .XJ
DUU.NCC TO ,Dllt.U.l'(PfT fltAIL\lfAT STft~°olt.C -!Y ~ A8~~ ~,!!i_70~ -_ -______ ---__ -__ -
Ull.( or CltOS SIM C titrTK lfltACl.S - --- - - - - - - - - -- - --- --- - - - - - ------
SOfL ClASSWlCATlOfC --------------Plf'C S\,OPIE OR ~A/JJ('llllT-------------
C4,.,Rl£1t ,.11"'£ CASl..C Plf'< Hater · _.iii'_______ ,.,,. ~, ... ·~ t .. CoN10t11 TO 8(. H~[O _ .... _. _ .................................... .
l('OJ.tlKJ.t.. OtAMCT£1t _ ....... _ ... _ ......... _ ........... _ ....... -....... -:we::::::: :g~___;g~of:O:-~ -~~~~·:~:.:·.;-:-_ :"~::::::::::::::::::::::::::::::::::::::: : ~~k:eK: = = ::' ~ ~h~ ::;n.'.e
f'IP'( "'4101Al.. -• -• -... -• • ............. ,. .... _ ..... • .......... _
o.-.C ... A.T lltO f'•ES!UAE/MAXM IV'ol TEST ,,.USU"( •• _ ...... _ .. _ .... __ • _ !_!! ~u.~ _ _ _ .·
MUi1MVW l'IE\.O SUEHCnt Of P'rt"C ............... _. _ • _. _............ _ ~ ~~Y:e.!_ _ _ _ _ ~ _re_g:µg-~ (1~'<'-!! f1114,.V*
T~f'( Df IDUi'T Al<) OUTS roe D•AMCTCR - ----.... ---.. - - -.. -.. -- -~ ~tt.ei!. - - - -~ _!.e:gµ!!~ - --~:oG:;==~~l~;.~~=:::::~:: :::::: ::: :::: ::: == =~rf~===== =~a:~===== lOC~TION,, ao•1w.c Oii J.Ao:N'I PIT n1ow C'(Plj(M,.&'f't( Of TJt&C'K...... -}9 _ft..:_ ~gi_ ~i~ ------ -- - -- -
LOtetH or eAt•M'I t..cruM..> .. _ .. _ .... ___ ..... _ .. __ • _ .... _ .... __ .... · _LOO f_t .. ____ _
DtST.llfrt Of C.UUfC ,[ ... ,.[~LR n~ow: COlfT~LIH[ Of n ua. ..... -• l. -~ J.t.!-- - - -- . • -29 :It..!.. _. - - - -
YOIT,, M\.I .... ( ... _ -_sn(_ .. _OIS'l.-..C:C OUT TJIOW CDITO'Li ..C L as r~ired " AS r~1re<J .
0.J TtllCtlOS"UT-OFFVM....Y(.SOJC(.t.OtSIDCOlft,.... ----... -soTt. -----.-soft.-----
attfl rr U.J[ or ftA.1L TO TOP Of' CASll'tG • -.. -.. • .. .. ... • -9 ft .. -.rn1wrun-- - - - --- - - - -···-··········--·· -w.------------------~~ ~:;::: E ~~T;.-··;~;;:.; -~i;,;.-.-::;.;.:::::: ~ "'; ~~;~ = = = = = = = = = = = = ==
~:~:::,.:: T~c:e:.-=. -=:::. -=--=--:: ~-::-=.-=.-=-:. ~~-=--=-~~ -=.:: ::::. ::. ::::.:.::.::.:.::.::.::.::.::. ~
{
DISTAIO<t rrtO<I TUC>: C-'WTPl.IMC • _. ·-.............. L _ 11.!1_ --~ _ .:JiA._ _ ...:_
LOtl"T\JDtffJJ.. r,,.n.1wa: OO"tM M 8UfU lo TOfl OF ,,,.( -............. -:-:: -..... --- - - -........ lto'OC _ ~-- -""4.Jt. -~ --
KElal! f.lOM 84SC Of" RAIL TO TOP or ,.Jr £ ... - --.. -.............. lriCIK._ ~ - - -J.U.X. -JA_ _ -.,
n.«.M\U.al.E strasr~ r1Pn~ a.•n l.OCAT10H_ .Ml\_ --O('lf(i>( TACTOR - -_MA,_
1r rll-t. °" OUttf 0U.l4!:TO. JI OfttA.ra TtiM s ·-&· Alrt.KU<T SH .... l . SVIMIT [MQ..CEftfM' f"UkS.. c.&i.Cvc...lnottS, SP(ClflCUIOtft. JUd SOllS lttfOftT.
...... ~~XIWU( OU( WOK WILi. N: 0011( 2:.:.!~5J~i::! ~~'!':!"'..:. _Ju_!t.!._~"~LlO to 20 .years_
klkr....,~ Of J OAYS ttOTIC( lt(QUllt(O fl'.IOR TO (NJllT fOlt COHSU\ICT10K
fJM>Ut°'••'C) ne"c Of'TIC CML( "4A.'r K lOC .. llO 0« l'.K:ttl-<>r-w..r. COJrii.lotl '·"· TO..£COU •l (1001 tn-n.u ro l'CAJf"T lOCATI0.111 AKO P'RIOfll TO o~···
INFORMATION BY RAILROAD
•A•lOOAD <Ofo.fl _{)_8-'._!tl_,_ _,':C_ ~,,---..i.-------------·---_
STUIOI< ~-!L.'7:§!:!_ '";!.!"_2_t_t:S.l..:~+.S:-~--·------------- ---;;t_ ROUTll'O.JJ~--W Ji_:'f._..Ji _____________________ ~
M4114 llMC -=-A,--~-- ---__. ___ - - ------------- -HAllC~ I.II<! ~;!:_ ~ ~ ~ !3.:"...£~ -____ ~ ________________ ~
~~---------------------------------['..,IN(01•< SfA~--Z.._J)_Q_t.5_4._ _____ -------:o----- ------
OISTNIC(,';~Ll-C ----- ---- - -OUTAK( ll104T ~-- ----___ -- _
~Al..SCC. >L..J) ____ IHT .l.-----
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MO. or 'TftAO<S CllOHE.O '..L - -- - - - -- .
JOIHT F'ACll.11T ll.wt: YU 0 ltO ~
.... .._,.OAD llUH:CllO" '9:COUlft!O I 'rU e-fCO D
(STfMATEDCO.ST ..:.., _________ _
PllOf'DTY TITl! I
C'OkGllt:CSSIOffAL c;11:.ur
ftAl\.ltOAD !'A.S[KMT
0 ru
0 f14UIC1'IJC
.... OHtc.u.r ....... moo .. ,3~-L. Jl.Jl:...=~~!.}-e.J.' 'i-1 11:/t-6C-
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\*OCA:c::fliOUMO S'ff;"tJJ... Ofll COloNUNICATIOH llH( UCYOl.VC.0:. _ ... • ...... -.......... -....... -.. -.. .. • 'rtS 0 HO ~
r 1&lJllOl'llC Ll)ll[ ut'l'Ol.l1D. -................. -........ -....... -..... ·: ...................... -........................ -Y£'S 0 ltO ~__..;c1
Sff OfU k C ru ... AMO C.IJ..CVLA1t0flt1: ll[OVtll!O ""'°iC TQ C'O•sttWCn°". -- -... --... -... -..... -YIEt 0 lllO ~ H (")
RULR£..C( TO AS:SICM<O lk,..&HJC.(l "°'ll£C~T JrO. - - - - - - - - - - - - - - -- - -- -
4" 'J<I l V Ani>ed .Pc ipe V /llCEA Da.Jte r addre.ss,
• r~::#~~R,:.u:,~ and type of use
------------------V-:-----------a::ixed.
.,,, I _·/*£••U'£Vl•H4 STAll<>• ']._OOf$6 .
';:)
..... V\
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•ile aarlter 364•570'
I • A/W ---:o::;-.:-'f~,-~.;7:~=----~-. -----
FD« IJMOO.CAO.,._. t . .
. I .
I ' 4" 9alvanl•ed pipe v/llCKA na-, ' . -'
a ddres", and type of use affixed. PlAH OF PIPELINE
"'° J,(J.l,(: •
~ * 1F [)IC$).'.L[AING STATION O« ... u: ,.OST \IHMf0"1t Ci t"( TH( OtSTA#C[ ALO..C TftAC1(
ntoM aA.tUIOAO .ST~TUA( OA CO<J'Dlllff; Of" PVM.IC n,.a:r CIOSSlNO..
As required -will be calculated .by
e<0rU fied ell<Jineer. ·
SDUTI-IERN PACIFIC LINES
. DATA REQUIRED FOR PROPOS(O
PIPELINE ACROSS OR AlOHG
RIGHT Of WAY
-·
FOR!A C.E;, 41708. S ~CET I R(VIS(O U~. •-1994
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Holy ·cross Electric
Glenwood Springs, Colorado
Aspen Spur
Mile Marker 364+570'
,.__ ____ 20' min. 20' min.
364+570'
6 . 025'
i.-~~1>-'
9'
6'
min .
I
1 2" CASING
PIPE
WEST
11.845'
4 11 CONDUITS
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L SCOPE
Pipelines included undH theH specifications ore those
installed to carry 5leom. \ioler or any non-flammable subsl~nce
.,,hich from its nature or pressure. r.iight cOUH dor.icge if
ucoping on or in the vicinity of roil..,oy properly.
2 . GE.HERAL REQUIRHlEHTS
o. Pipelines under roih1cy tracks shall be encased in a
lorqH pipe or conduil called lhe cosing pipe as indicated
in Figure I. Desi9n shall be based on superimposed load
due lo roil'Woy (Cooper E-80) loadin9 w1lh applica ble
impact in comoinction .,,jrh internal pressure, external
loads .and inslallclion loads .
b. Cosin9 pipe may be or.iitted under the follo.,,ing conditions
pro~idin9 lhol open lrenchin9 is approved by !he Chief
Engineer.
(I) Under industriol !rods. end under slo"" speed branch
line trocb in paved cily slreels where line pres su re
is less !hon 100 psi. The pipe joints ore lo be of
leokproof conslruclion and the pi;:ie rnoleriol shell
safely withstand the cor..binolion of internet pressure
and exlerncl loads. Joints shall be rnechcnicol or
welded type.
(2) For non-pressure H"'er and slorm drain crossings under
li)hl traffic brcnch lino 'Where lhe pipe slrenqlh is
capable of 'Withstondinq railway locdinq.
c. Pipelines shall be localed. where procticcble. to cross
frocks al opproximolcly ri9ht angles lhcrelo but
preferably or not less than 45 deqrees. and shall not be
placed within culverts nor tinder rcil..,oy bridqes.
Pipelines shill! preferably be installed under tracks by
dry boring or jocking.
d. Pipelines laid lonqiludinolly on railway righls-of-woy
shall be loccted as lo: os proclicoblc from any 1r ocl<.s or
other important structures. If localed within 25 feel of
the center line of any !rod or '"'here !here is danger of
dcmcge from lccko~e lo any brid<Je. bui l dinq or lo
st.rucrure. the carrier pipe sholl be encased or of S?cciol
de.si9n os approved by the Chief En9ineer.
3 . CARRIER PIPE
a. Carrier line pipe and joints shall be of occepled mol"iol
and construction as O?provcd by the Chief En9ineer. Pipe
material t1nder and adjacent l o frocks 01e to be capable of
supportinq a minir.ium of 3600 pounds per square fool for
cover heights of 30 Ice! or less. For hci9hrs greater than
30 feel, suprortinq 'Weight ,hall be increased -.
proporrionote y. The pipe shall be laid -..:ith suffkienr
slack so lhol it is nol in tension. '.
b. P!ostic pipe in o coiing is en occe?loble r.ioleriol ii ii
is PVC or Hic;h Density Polyelhylenc and r.iinimum schedule
'TO . lnlcrnol prc351.:ro nor lo exceed 100 psi.
3 . CARRIER PIPE. (continued)
c. Ouclile Iron Pipe in a cosing is acccploble os (ollo \.l s
Closs 52 for diomei ·c,, of 4' lhru 10'
Clcss 53 for diemetHs o( 12' t hru 14 •
Cress 54 for diameters of 16' I hru 18 •
Closs 56 for diameters of 20' I hru 24 •
d . Reinforced Concre t e Pipe is acceptable if it is CloB V.
Minim u m of Closs Ill RCP is acce;iloble for longiludinol
pipe localed 45 feet or more from the ccnlcrlinc of track.
e. Vitrified Cloy Pipe (ASTM C-700) in o casing' is occeploble
if ii is exlro slren9lh 'Wilh joinls per AST/.! C-425 and
base::! on a load factor of 1.5 . Longiludinal vitr i fied cloy
pipe as descr i bed abo v e is acceptable uncased if backfill
1s compacted to motch density of adjacent soil.
~. CASING PIPE
Cosing pipe end joints shell be of !eokproof conslruclion.
co~o':ile ol \.l ilhstcndin9 roilwoy load i ng (C ooper E-80). minimum
!iZe lo be determined lro.-:i Tobie I and 2. Tobie 2 indicc t cs o
r..i .1imum thic!<ncB based tl?on superimposed locd s o~ly and ii is
the responsibilily of lhe installer lo provide o c o sin9 \.lhich is
c:lec;uolc for !he loads that res ulr during inslollo!i on. If
oddilionol troc)\.s ore conslrucled in the f u ture, the co s inq
sholl be extended corresponc in)ty by the pipeline o\.lncr .
Steel cosing pipe to hcve a minimum yield stren9I~ of 35.000
pi. When c o sing 1s ins!clled .,,ilhoul bcne.lir o: o p101ective
cooling. and said cos i n9 is not cothodicclty protecte d. the wall
thicl<.ncss shown in table 2 shall be increased to the near est
~t endord si zc which is o minimum of 0.06 3' gre al ~r i hon the
1:-.icl<.r.ess sho'.<n, except for dicmelcrs less than 14". Cosing
dislcnccs sho.,,;i in Fi9ure I ore r.ieosured perpendicular lo the
Ir aci-.
5 . CONSTRUCTION
o. Cosing sha ll be so construcled as to prevent leol<-oge ol
any subslcncc from the cosing rhrouqhout ils length eJ.ccpt
of ifs en~s. Cosin9 shell be so inslollcd as to prevent
!he forr.iolion or a 'Wofcr.,,oy under !he railway . \.lilh on
even beorin9 throu9h ifs lcn~th. and shall slope to one
end (except for longitudiool occupancy).
b. lns!ollorion by open trench melhods shall comply wirh
Installation of Pipe Culverts. Americcn Rait...,~y
Engineering Association (AREA) Manual for Roil'Woy
Engineering. Chapler I, Port 4.12 •
c . Ory bored or jocked instollalions shall hove a bored hole
diomeler essentially lhe scme as lhe outside diameter o f
the pipe plus lhe lhickness or lhe protective coating . If
voids should develop or ii th~ bored dic~eler is g:eoler
than Jhe outiicc diomeler of lhe pipe (includin9 coolini;l
by mo r e !hen one inch. lhe space shell be filled by
9routin9 or olher remedial measures as c;iprovcd by the
Chief EnsincH. Boring operolions s ~all nol be slopped ir
suc:i sloppoge would be detrimental to the rc i lrood .
c .s.
1741
l 0 f 2
5. CO~ISTRUCTION (continued)
d : Tu nneling o;ierol i ons sh al l be conducled as opproHd by l~e · ·
Chief En9ineer. If voids ore caused by the tunnelin9
operations. !hey shall be filled by pressu1e ~routb9 or
by olher approved methods which ·.,.ill provide propM
s1.:;ipor r.
e . Void bef.,,een casing and carrier pipe lo ·be fill~d wilh
send in oil hi9h pressure inslollatio n s . Void lo be
per I icily f i lled in ol h crs as d irecte d 'by t h e Chid
En;ine:r. ·
f. Excc·1etions and bore pirs shall be a minimum distance al
t....,cnly feel from !he cen l uline of t~.e nearest frock .
Shoring plcns and calculations may be re;ui red lo be
sub mil I cd prior lo cons I ruction per AREA manual and
SP supplemenl.
q . Fibre Optic coble lines may be on the right-of-way. t h e
o p plicent she ll coll (800)283-4237 lo delermi ne i f f i ber
o ?tic ccbles ore preicnl. Applicant shall cell prior lo
digging lo verify location and arranqe inspection .
6. PROITCTION AT END OF CASING
The ends of tile ccsi119 ore lo be suilobly sealed 09cinsl lhc
enlrc.1ce of forcig~ r.iote1icl, but ore not to be tighlly secled .
S 0 U THE RN PAC I FI C LI NE S
COMMON STANDARD
Pl PE LINES
NON-FLAMMABLE SUBSTANCES
OR ALONG RIGHT OF WAY
FOR
ACROSS
NO SOLE ADOPTED t.?R. 20. 195~
RC:VISEO J!::. I. 1990
• ..
7. OE.i'lll o;: ll<SrALLA 'ilOll
Reftr lo Figure I for rninir.:urn ccver c e plhs for pipeline crossinqs .
P i pelines lcid lon9iludinolly ori rcil'WC)' riqhls-of-'Woy, 45 feel o r l ess
from cenlerline of Ired• . .3hol·I be buried n~I leS3 thon 4 feel fror:i <;round
surface lo lop of pipe. Where pipel i ne is laid r.iore !hon 45 feel fror:i
centerline of lroci~. r.iinirnum cover shall be cl lees! 3 feel .
8 . SHUT-Off VALVES
Accessible erner9ency shul-of f vclves !hell be ins lolled 'Within cf f ecli v e
dislonces eoch side of the ro i l-way cs aqrecd lo by lhe Chief Enqieer
and the pipel i ne cornpony. Where pipclino ore provid~d .,,ilh c1,;fornclic
conlro l 3folion3 of focolion3 end 'Wilhin di,Jcnco approved by the Chi ef
Engineer. no addi1ionol volves shall be required.
9. APPROVAL Of PLANS
PI on s for pr op o se d ins I o II c Ii on sh o II be sub mi II e d I o R e qi on o I E :i c; in e er
and r.oust rneel the approval of the Chief. E.-.ginecr before con3lruclio.-.
begins. Plcns shell be drown lo scclc show i ng relolion of pro;>osed pipt. line
1 o r o ii-., o y Ir o ck s. on g 1 e of c r o s 'i r. g. r.ii I c F o s I 1 o c o Ii on or r o i I w o y .s u r v e y
slolion. righ t s-of-way arid gcnercl layout of lrcci<.s ond reilwoy fc c :l ilies .
Plans shall ir.clude all app1..:rlencnl features of Jhe pipe line. such cs
volvo. mcnhole.s, venls, cc~ing. e:c .• foc.oled on rodwoy p r o;ier ty .
Cross Hclion or profile shell show pipe fine and op;:urlcnonl fcc:ures
as to the tracks end surrounding c;round.
The e;i.eculion o( the 'Work on rcifwoy righls-of-...-cy shell be st:!>jecl
lo the in3peclion ond. direclion of the Resioncl En9inccr or hi' authorized
re ?resenlolive . · -
The plans !Sholl conloin the dole thol j3 required on the oppl i colion form
(C .E. 41708. SH. II. The o;iplicolion form shall be com;iletely filled in .
10. EXECUTION OF WORK ·
The Pipeline A9recmcnl end Conlroclors Ri9ht 'of Entry Agreement shall
be iu l ly executed before ony 'Work 'Will be allo·...-ed on railway ric;hl-of-woy.
The execution of the 'Worl<. on roil.,,oy ric;hls-of-way, including the
:supporlinq of tracks, :sholl be subject lo lhc inspection and ~ircclion
of lhe ·Re9ionol En9ineer. A minimum of 5 days no lice lo railway b
required prior to entry on risht-of-way" (or construclion.
Table 1
Table for 0 et er mining Minimum Size of Casing
TY?E or CARRIER PIPE ANO STYLE Or JOINT
NOMINAL SEE:L OR PLASTIC NOMIN~L A't/'llA DUCTILE l::?SN I '1i£LOED
SIZE MINIMUM NOMINAL SIZE TYTO~ I BELL-SPIGOT I Y.::NA.'llC:..l 1 S TC:C:L
MAINLINE
BRANCH LINE
INDUSTRY
"'O .,
E
'£.OF TRACi< ct OF TRAC K
_12·-o·_
s·-o·
9 '-0 '
I I =-1 ~ I I I
~~ :'.:A :<:A _1_ -. ~:~~ BASE OF RAIL I '(2 /"'
=== ~ ~ ~ ~I·-··-·-•~~··~ =· .,,.,.,...._,._ . ..-..•~··~ DITCH
~ ~
""' -< -1 1 1·1= 1·-·11-11-· =···= :=>•11=·111=::a 1•1=u·=·· ~ ..
~IT -~1;:;u..::;1~1 _, 1 _, ~· 1 5 1~:~~ _ ~ "r :i \()'f ;n'r ...-'f · cAs1NG PIPE I "''? s
b I ;Z================~~~~~~===f P
-12·1 s-· :.. I I l!Z ~ LENGTH OF CASING PIPE m
Y.C. FIPC:
El:.TRA STilO llG
·. Casing Requirements
Figure 1
Tab I e 2
Ste el Casing
(Casi;)g wilh Protective Cocl i n9l
NO,\UNAL I MIN. WALL NOMl.'U.L I MIN. Wj,LL
DIAMETER THIC:<N E:SS DIA!,fETER THIC:<,'IE:SS
(inch e s) (inchn) (inch:s) (inc~<sl
CARRIER SIZE: OF CASING CARRIER MINIMUM NO!AINAL SIZE Or CASING I'\' 8 UNDER I o .18a· 44-8. 45·1 0 .594'
3/4' 2· 4' ro· 10' I 12 ·
1· 2 1/2' 5· 14· 14' 1 15 ·
I 1/4' 3' a· 16' ·-16" I 16'
I l /2' 3 112· 10· '18' -20· I 20'
2· 4' 12· 22' I 22' I 22·
2 1/2' 4 1/2' 14' 24' I 24' I 2b'
3· 5• 15· 26' I 26' I 2a·
3 112· s-18' 26' I 28' I 30'
4 ' e· 20· 30' I 30-I :s2-
5· 10· 24-35-I 35· I 35·
30· I I
35• I
I a· 10· 15·
I 10· 14' 18"
I 12' 15-20· 8. 22-
I 14' 18" 24· I
I 15· 20 -26" I
I 1a· I 28"
I 20· I 24' 30-I
I 2. 4. I 25· 32· I
I 2s .. I 32' 34· 8. 3 6'1
I 30' I 35· 38' I
I 36' I 40" I
I 42" I 42' I --
0 .219· 49· I
o.2so-so· I
o.2a1· 52' I
0.312' 54 ' I
0.344-5 5 · a ss· I
o.3z5· so· I
0.406' 62' I
0 .4 38' 6 4-I
0.469' 65" 8 68'1
o .s oo· 10· I
0.531" 72' I
0 .56 3' I
0 .62 5"
0.655"
o .5ea·
0.719"
o .1so·
0 .781"
0 .813'
o.ee.4·
0 .875•
0.905'
0.938 '
S 0 U THE RN P. AC I FI C LI NE S
COMMON STANDARD
PIPE LINES
FOR NON-FLAMMABLE SUBSTANCES
ACROSS OR ALONG RIGHT OF WAY
NO Set.LE :.ooP E u t.?R. ~o. 1!!5)
P.~VISEO Jt.N . I. 19!!0
Mr. Mark Bean
LAW OFFICE OF
JOHN L. KEMP, P.C.
905 GRAND AVE , SUITE 2
GLENWOOD SPRINGS . COLORADO 81601
TELEPHONE : (970 ) 945-2223
FAX : (970) 945-2376
May 7, 1996
Garfield County Planning Office
109 8th Street, Room 303
Glenwood Springs, CO 81601
Re: Holy Cross/Carter Jackson Exemption
Dear Mark:
r T:_:J u~!.~.~:J2f\.'.z,~~~::·_--rn
j ~:"i f~Alt1a 1996 ~Lil
L .. '-~~ ..... ·-,~-_. ...... -... , .. ______ ... ---J ·t.._":J
c .~~--t ·;t.;1-.L • . .:..:o:..J?'.ffY
I am herewith enclosing two Private Way Licenses from the
Denver and Rio Grande Western Railroad Company for entry into the
Carter Jackson property. Private Way License No. 30947 covers the
access into Parcel 3 as shown on the Exemption Sketch Map. The
other license, No. 23614, is the entry into the main Carter Jackson
residence on Parcel 1.
The first of the above licenses, No. 30947, was submitted to
you with the other documents in order to obtain the exemption, and
prior to the hearing. However, the copy submitted to you did not
contain the contract number, nor was it signed. Also, because of a
misunderstanding on my part, it was represented to you as being the
license for entry into the Carter Jackson residence on Parcel 1.
Also, at that timer I was under the misunderstanding that one
Private Way License Contract covered both crossings. That,
however, is not the case.
Therefore, if you will please go by the statements and
contract numbers in the first paragraph of this letter, everything
should now be in order. This should serve to put your fil e s in
good order as well. Both crossings will be shown on the Sketch
Plat which is now being prepared by Gamba and Associates.
Thank you for your cooperation.
ruly~
ohn L. Kemp
JLK/jtk
Enc.
cc: Mr. John McClenahan, HCEA
Carter Page, Gamba & Assoc.
Contract No. 3 0 9 4 ? ·~
PRIVATE WAY LICENSE
THIS AGREEMENT, Made and entered into this 24th day of November · A.D. 1992 ,
by and b.etween THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of
the State of Delaware, hereinafter called the ."Licensor" party of the first part,
and· CARTER T. JACKSON and LOUISE van K. JACKSON, husband and wife, mailing
address: P. 0. Box 27,' Glenwood Springs, CO 81602
hereinafter called the "Licensee" party of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and
agreements of the Licensee herein contained and upon the terms and conditions
hereinafter set forth, hereby licenses and permits the construction, maintenance and
use of the P rivate Way or private ways hereinafter described (hereinafter called
"Private Way"} across the right of way and track or tracks of the Licensor as herein
specified, to ~it:
·A 16 feet wide private road crossing at grade extending westerly at right angles
across the 100 feet wide right-of-way and ma i n track of the L i c~nsor's Aspen
Branch at Mile Post 364+1076' near Glenwood Springs, Garfield County, Colorado,
within the SWt of Sec. 26 and/or the SEt of Sec. 27, T6S-R89W, 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
of all and singular the covenants and agreements hereinafter set forth to be by
said Licensee kept and performed, each of said covenants and agreements being hereby
made a condi t ion; and it is also hereby stipulated that a waiver by the Licensor of
any breach of any condition shall in no way impair the right of the Licensor to
avail itself of any subsequent breach of the same or any other condition.
PRIVATE WAY as and wherever said term is employed herein, shall mean a way
for travel for pedestrians, vehicles, implements and live stock. Licensee agrees
said Private Way shall be used for the follow i ng purpose and for no other, to-wit:
Ingress and egress to residence.
And said term shall include such gradi ng, appro~ches, planking, ditches ,
drains, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates
with proper hinges and latches, raising of telegr aph, telephone and signal wires for
proper clearance, and such signals, bells, sign post and signs and other safety
devices as shall in the particular instance .be required by the Licensor, or which
may now or hereafter be prescribed and required by any law, State or Federal, or by
any order of any officer or regulatory board, State or Federal, having jurisdiction
over such matters.
The foregoing License is subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right -of-way
and others} and the right of the Licensor to renew and extend the same.
1. If the Licensor shall elect to construct said Private Way or a
portion thereof, and shall so notify the License e , the Licensee agrees to pay to the
Licensor, in advance, such sum of money estimated to be $-0-, as shall be necessary
to construct such portion or all of said Private Way, inciuding the cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall furnish material for, and construct said Private Way at the sole
cost and expense of the Licensee, in such manner and according to such plans as the
1
Licensor may deem best for the safety and proper protection of the track, roadbed
and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such additional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor, said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor; and at all times keep said
Private Way in a good state of repair; the Licensor, however, shall have the right,
if it so elects, at any time, though it shall be under no obligation whatever to do
so, to ·make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct;
and in the event the Licensor at any time elects to repair or reconstruct said
Private Way, the Licensee she.11, upon .. presentation of .es.timates, adve.nce such sum
of money as the Licensor may deem necessary for such repair or reconstruction, or
upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3.
of $ -0-***
The Licensee agrees to pay to the Licensor, in advance, the sum
, as consideration for license and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal, or any officer or regulatory board or co=ission, State or
Federal, having jurisdiction, shall require any alterations, changes or improvements
of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection, signals or warnings, the same shall be constructed,
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
5. The Licensee shall not enter upon the premises for the purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when
work is necessary to avert loss or damage to property. All work of construction,
maintenance, operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted
use of the tracks ·and property of the Licensor as to operation, maintenance,
renewals or possible new construction by the Li censor.
6. This License shall not be deemed to give the Licensee exclusive
possession of any part of the premises descr i bed, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and op e rated at the
place of construction of such Private Way, and nothing shall be done or suffered to
be done by the Licensee at any time that shall in any manner impair the usefulness
or safety of said track or tracks of the Licensor or of any track or improv ement to
be hereafter constructed. The Licensor shall have the right at any and all times
hereafter to construct, maintain and operate such additional tracks, structures and
2
. . • ·-·--.. .:--.~ . ..,,._ ... ,, __ l .. !i\ ___ ·-· •.• 3 ..
improvements where said Private Way is to be constructed and across the same, as it
may from time to time elect; and in case of any change at any time in the
arrangement, construction or plan of the Licensor's tracks, or in case of the
construction of any buildings or improvements by the Licensor, said Private Way
shall be altered or entirely removed by the Licensee at the sole cost and expense
of the Licensee, in such manner as may be necessary to conform to the tracks,
building or improvements of the Licensor as so changed, altered or improved, and if
the Licensee shall fail to do any of the things in this paragraph enumerated, t he
Licensor may do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect, indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor, demands, judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any injury to or death of . any
person, or damage to property o f any person or persons whomsoever, including the
parties hereto and their officers, families, servants and employees, in any mann e r
arising from or growing out of t he construction, maintenance , operation, repair,
extension, renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove the same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the risht of supervision by th e
Licensor of the location, installation, operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right, nor the approval
or failure to disapprove, by the Licensor of the location, installation, operation
and maintenance of said Private Way, nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations of the Licensee contained in this paragraph or a release
therefrom, or from any other obligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
8. If the Licensee shall fail to locate, construct, oper ate,
repair, extend, renew or remove said Private Way in accordance with the terms of
this License and to .the entire satisfaction ·of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of said Privat e Way, or shall fail to adjust the said Private Way to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee, this Agreement shall at the option of the
Licensor be void and of no effect; and this License shall cease and the Licensor
shall have the right to remove said Private Way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. Any notice herein provided for shall be sufficiently given and delive red
if mailed in an envelope properly stamped and addressed to the Licensee at the last
known post office address, or if no_ address is known, at the post office nearest to
the place where the said Private Way is located .
9 . Non-use of such Private Way for the purpose for which it was
originally constructed, continuing a t any time for the period of one year, shall
constitute an abandonment of this License. Unless so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice give n by either party to the
other party not less than s ix ty days in advance of the date of such termination; but
it is understood that if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor, of th e right of way for
railroad purposes, this License shall immediately cease ipso facto.
3
I •••···· •·:*".\'444 .. ' :~
,· ..
/
/
/
./
/
/'
10. Within thirty days a f ter the termination of this Li cense
howsoever, the Licensee at Licensee• s sole expense, shall, if the Licensor so
desires the Licensee to do, remove the said Private Way (including all approaches ,
planking, gates, and all other structures constructed in connection with said
Private Way) and restore the premises of the Licensor, including all right -of-way
fences, to a condition which will be satisfactory to the Licensor, and if the
Licensee fails so to do, the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removal, and such removal
shall not prejudice or impair any right of action for damages or otherwise which the
Licensor may have against the Licensee. ·
11. (This paragraph left b lank int entionall y .) c:..r \
CTJ
\.... \,..) \.C :S ,
LvKJ
12. The covenants, stipulati ons and conditions of this Agreement
shall extend to and be binding upon, the Licensor, its successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs, administrators ,
executors, successors an_d assigns of the Li c ensee (as the context may admit), and
the term "Lice~see" used herein shall be held to include such persons,
copartnerships or corporations as are mentione d herein as of the second part. The
L·icensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
"ATTEST:
·~~U«~
Ray 7dBeard
.4
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
.-' --...,\
_;:> ' /-'o~-· ~--:6 -~-· r ~~~ ~..;,---<-
'i:1censee, Car ter T'--_.J a ckson
L~u ·"" • \,,ha \< -~e\-.A..Q'I
Licens e e, Lo ui se v a n K. Jackson
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23614
Form 3362 <Rev. UO> Contract No ...... ---···'···························-~-': ... .
PRIVATE WAY LICENSE
THis. AGREEMENT, Made and enter:ed into this . · 28th .day pf August .A. D. i9 63 •
by ~d :be~e~n THE DENVER AND Rio· GRANDE WESTERN RAIµlOAD COMPANY, a corporation of the State of
Delaware. 'ii~rclnatte~ ~ed the "Licensor'' party of the first part, and . CARTER T. JACKSON, D. v .M.' an
individual ·Of Box 27, Glenwood Springs, Colorado
hereinafter called the "Licensee" of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and agreements of the Licensee he~ein
contained and upon the terms and conditions hereinafter set forth, hereby licenses and permits the construction,
maintenance and use of the private way or private ways hereinafter described (hereinafter called "private way") across
the right of way and track or tracks· of the Lic~nsor as herein specified, to wi.t:
. A 16-foot wide private road cros.sing 13:~ grade
. extei:iding northeasterly at right. angles across ·:the 100-foot
wide right of way and the Aspen ~ranch ma~n o ,t~ck of the
'Licen8or at Mile Post 364+3100 fe.et, ~ar R~:~on, aa:r:rield county, Colorado, as· shown on the attached map
No.· R-134
This .license is expressly conditioned upon the performance by the Licensee of all and singular the covenants and
agreements hereinafter set forth to be by said Licensee kept and perforined, each of said covenants and agreements
being hereby ·made a condition ; and it is also hereby stipulated that a waiver by the Licensor of any breach of any
condition shall"in Iio way impair the right of the Licensor to avail itself of any subsequent breach of the same or any
other conditon.
PRIVATE WAY as and wherever said term is. employed herein, shall mean· a way for travel for pedestrians, vehicles,
implements and live stock. It is expressly stipulated that the private way is to be a strictly private one and is not in-
tended for public use. ·
Access to private property.
And · said term shall include such grading, approaches, planking, ditches, drain, tiling, drain boxes, culverts, cattle
guards, wing fences and fences, gates with ·proper· hinges and lat ches, raising of telegraph, t e lephone and signal wires
for proper clearance, and such signals, bells, sign post and signs and other safety devices as shall in the particular
instance be required by the Licensor, or which may now or hereafter be prescribed and required by any law, State or .
Federal, or .by any order of any officer ·or regulatory board, State or Federal, having jurisdiction over such matters.
The foregoing license is subject to ·an outstandillg superior rights (including those in favor Of telegraph and
telephone companies, lessees of said right -of-way and others) and the right of the Licenso r to r e new and extend the
same.
1. If the Licensor shall elect to contruct said private way or a portion thereof, and shall so notify the Licensee,
the Licensee agrees to pay to the Licensor, in advance, such sum of money estimated to be $ • as
shall be necessary to construct such portion or all of said private way, including the cost of all necessary material
and the transportation thereof and the cost of all labor and superintendence. If the Licensor s hall elect not to construct
said private way, the Licensee shall furniSh material for, and construct said private way at the sole cost and expense
of the Licensee, iri such manner and according to such plans as the Licensor may deem best for the safety and proper
protection ·of the track, roadbed and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the .excess shall be returned .to the Licensee, if such
am~u;it should not be sufficient to cover . the : expense of work d one .bY the Licensor, the Licensee shall pay such
additional amount to the Licensor on demaild. ·
2, The Licensee shall." at the sole cost and expense of the Licensee, maintain, repair, and reconstruct, whenever
necessary and when required so to do by the Licensor, said private way and all its appurtenances in accordance with
plans and in manner satisfactory to the Licensor; and at all times keep said private way in a good state of repair;
----------------
U>e Licensor, however, shall have the right, if it so elects, at any time, though it ·.shall b·e under no obligation whatever
to qo so, to make necessary or proper repairs or to reconstruct said private way notwithstanding the ·obligation of
the Licensee to maintain, repair and reconstruct, and in the event the· Licensor' at any tlme.'eleds to repair :or re-
construct said private way, the Licensee shall, upon presentation of estimates, advance. sucli sum of money as ·the
Licensor may deem necessary for such repair or reconstruction, or upon bill being rendered for work already done
the Licensee shall reimburse the Licensor for the cost of such repair or construction. The optional right of th~
Licensor to make repairs or to reconstruct said private way shall in no manner or .degree relieve . the Licensee ·from
responsibility to the Licensor · or to other persons or corporations for the failure of .the · Licen.see to properly .main~
tain or reconstruct said private way, or any structure which the Licensee agrees, as aforesaid to maintam ·or re·~
construct. ·
3 . The Licensee, at the Licensee's expense, shall keep the flangeways at said private way clean and free from
dirt, rocks and other material, and shall not foul or permit. the fouling of any track of ·the Licensor, or permit any
condition which will interfere with the safe operation of locomotives, cars or trains over said private way.
4. The Licensee agrees to pay to the Licensor, in advance, the sum of $
license and permit herein granted.
, as consideration for
5. ·If at any time after the installation of said private way, any law, State or Federal, or any officer or regulatory
board or commission, State or Federal, having jurisdiction, shall require any alterations, changes or improvements of
said private way and of its appurtenances, as herein defined, or any additional safeguards, protection, signals or
warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein
provided with respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
6. The Licensee shall not enter upon the premises for the purpose of constructing said private way nor for the
purpose of repairing or renewing the same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when work is necessary to avert loss
or damage to property. All work of construction, maintenance, operation or reconstruction shall be done by the
Licensee in such manner as to cause ·no interference with the constant, continuous and uninterrupted use of the tracks
and property of the Licensor as to operation, maintenance, renewals or possible new construction by the Licensor.
7. This license shall not be deemed to give the Licensee exclusive possession of any part of the premises
described, but the Licensor shall have unimpaired right to retain its track or tracks as now owned and operated
at the place of construction of such . private way, and nothing shall be done or suffered to be done by the Licensee at
any time that shall in any manner impair the usefulness or safety of said track or tracks of the Licensor or of any
track or improvement to Qe hereafter constructed. The . Licensor shall have the right at .any and all times hereafter
to construct, maintain and operate such additional tracks .. structures and ·improvements where said private way
is to be ·constructed and across the same, as it may from time to time elect; and· in· case of any change at any time
in the arrangement, construction. or plan of the Licensor's. tracks, or in case of the construction of .any building~. or
improvements by. the • Licensor, said private way shall be altei:ed or entirely removed by the Licensee at the sole
cost arid · expense of the Licensee, in such manner as may be necessary to conform to the tracks, buildings or
improvements of the Licen5or .as so changed, altered or in1proved, and if the Licensee shall fail to do any of the
things in this paragraph · enumerated, the Licensor may do or cause the same to be done at the cost of the Licensee.
8. The Licensee assumes the entire burden and duty of keeping the gates at said private way locked when
not in use, and the sole duty and burden of preventing the use of said private way by any persons, firms or corpora-
tions, other than those mention.ed herein for whose benefit said private way is licensed;· and assumes all liability
for damage to or destruction of property, injury to or the death of persons resulting from the use of said private
way by persons other than those for whose b enefit said private way is licensed, or resulting from the failure on the
part of the Licensee to keep the gates closed and locked and the said private way and all of its appurtenances in
safe condition.
9. The Licensee shall at all times protect, indemnify and save harmless the Licensor from any and all claims,
demands, judgments, ·cost, expenses, and all damage of every kind and nature made, rendered or incurred by or in
behalf of any person or corporation whatsoever, in any manner due to or arising out of any injury to or death of
any person, or damage to property of any person or persons whomsoever, including the parties hereto and their
o fficers, f,amilies, servants and employees,. in any manner arising from or growing out of the construction, main-
tenance, ,operation, repair, extension, renewal, existence, use or removal of said private way, or the failure to prop-
e rly construct, operate, maintain, renew or remove the same, and from all costs and expenses, including attorneys'
fees coniiected in anywise with the matters and things contained in this agreement. Neither the right of supervision
by the ::Licensor of the location, installation, operation and t he maintenance of said private way, nor the exercise
or fai~u're to exercise said right, nor the approval or failure to disappr·ove, by the Licensor of the lo cation, installation,
operatibn and maintenance of said private way, nor the election of the Licensor to . construct or reconstruct the whole
or any:: part or to repair said private way, shall be deemed a waiver of the obligations of.the Licensee contained in this
parag.raph or a release therefrom, or from any other obligation of this agreement. resting upon said Licensee that is
hereiribefore or hereinafter expressed or implied.
1·0. If the Licensee shall fail to locate, construct, operate, repair, extend, renew or remove said private way
in atcordance with the terms of this agreement and to the entire satifaction of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal or removal of said private way,
or shall fail to adjust the said private way to any changes made by the Licensor; or ·shall in any respect fail to keep
anp perform any of the conditions, stip ulations, covenants and provisions of this agreement to be kept and performed
by the said Licensee, this agreement shall at the option of the Licensor be void and of no effect; and this license
.sl5all cease and the Licensor shall have the right to remove said private way and restore the right of way and
ptemises of the Licensor at any time th ereafter at the sole exp ense of the Licensee. Any forteiture hereunder may
bie claimed by the Licensor without notice to the Licensee. Any notice herein provided for shall be sufficiently given
~nd , delivered if mailed in an envelope properly stamped and addressed to the Licensee at the last .known post office
address, or if no address is known, at the post office nearest to the place where the said private way is locate d .
11. Non-user of such private way for the purpose for which it was originally co n structed, continuing at any
time for the period of one year, shall constitute an abandonment of this license. Unless so abandoned or terminated,
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i \J ~· i f : ... ,.,., r, t,..j S ;.(\; C C:.< f ,-O:!·•-.t · (. p6 J.I~µ,· r~ !r GU u1·' .
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as h.e.;elriab,;v~·· or. i;:~~b,'{.'fi~r'."'i:o~ded;·'~iicense and agreement shall remain In full :force and effect until _ termi-
nated by written notice given ·~ .either party to the other party not less than sixty days in advance of the date of such
termination; but it is understood that if at any ·time the mainenance and operation of said private way shall be incon-
sistent with the use by the Licensor, of the right of way for railroad purposes, this license shall immediately cease
ipso facto. · ·
12. Within thirty days after the termination of this agreement howsoever, the Llcensee, at Llcensee's sole expense,
shall, if the Licensor so desires the Llcensee to do, remt>ve the said private way {including all approaches, planking,
gates, and all other structures constructed in connection with said private way) and restore the premises of the
Licensor, including all right-of-way fences, to a condition which will be satisfactory to the Llcensor, and if the Licensee
fails so to do, the Licensor may do such work of removal and restoration at the expense of the Licensee: In the event
of the removal of the private way as in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removeal, and such removal shall not prejudice or impair ·
any right of action for damages or otherwise which the Licensor may have against the Licensee.
13.
14. The covenants, stipulations and conditions of this agre ement shall extend to and be binding upon the
Licensor, its successors and assigns, and shall extend to and be· binding upon the Llcensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context .may admit), and· the term "Licensee" used herein
shall be held to include such persons, copartnerships or corporations as are mentioned herein as of the .second. part.
The Llcensee shall not assign this license or any interes t therein directly or indirectly, nor incumber the .same
without the written consent of the Licensor first had and obtained. ·;-
IN WITNESS WHEREOF, the parties hereto have caus ed these presents to be duly executed the day and year
first hereinabove written.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, Licensor
By
·~~--~---··················
carter T. Jackson,~-~-".{Jir;··
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