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HomeMy WebLinkAbout3.0 Conditions of SatisfactionBoard of Garfield County Commissioners Glenwood Springs, Colorado Dear Lady and Gentlemen: 14913 Highway 82 Carbondale, Colorado 81623 February 24, 1994 Re: Hunt Exemption Plat Parcels 6 and 7 Boundary Line Adjustment Apparently, due to a survey error, there is a strip of land approximately 100 feet in width, which is described in the land in Parcels 6 and 7 of the Hunt Exemption Plat, which overlaps the land in the tract owned by Judy J. White, which is northerly of Parcels 6 and 7. Enclosed is a copy of the Hunt Exemption Plat. The cross-halched area approximately reflects the area in the survey conflict between White and Hunt. We have hired Scarrow and Walker to survey the location of this area. To resolve the problem of this overlap, we desire to transfer to Judy J. White that portion of our Parcels 6 and 7 which is overlapped by her survey. We request approval to amend Parcels 6 and 7 of the Hunt Exemption Plat and as soon as we have obtained the survey from Scarrow and Walker,, we will submit the appropriate affidavit and execute a quit claim of the overlapped land in favor of Judy J. White. Your approval of this amendment of the Hunt Exemption Plat by this proposed boundary line adjustment is requested. Respectfully submitted, . Richard Hunt Shirley . Hunt 14913 Highway 82 Carbondale, Colorado 81623 April 11, 1994 Board of Garfield County Commissioners Glenwood Springs, Colorado Dear Commissioners: Re: Hunt Exemption Plat and Amended Hunt Exemption Plat Parcels 6 and 7 Reference is made to our letter of February 14, 1994. We have obtained the appropriate survey of the Amended Hunt Exemption Plat. Today, we contacted Judy J. White and attempted to explain the situation to her. We told her that the deed to our land overlapped the land which she owned and that we desired to quitclaim the overlapped land to her and that it would cost her nothing. We asked her to sign the requisite affidavit relating to a boundary line adjustment. She adamantly refused to sign the affidavit. Since it is obvious that we cannot deal with Judy J. White, and since we desire to eliminate this overlap, we request authority to record the enclosed Affidavit signed by us which explains the overlap together with the enclosed Disclaimer, Relinquishment, and Quitclaim Deed. We wish to emphasize that since this deals only with an overlap and that not only will the overlap be eliminated but there will be no isolated or segregated parcel created, and therefore there is no possibility that Garfield County will be required to issue any building permits other than what it would be required to issue for the already existing parcels of land. The effect of the quitclaim deed simply quiets title in Judy J. White as to any claim of ours to the overlapped land. J. Richard Hunt 2 Jz.„, Shirley' M. Hunt Uu. iJ 1 U 1 HERBERT S. KLEIN RICHARD B. CROFT' •,lo Wmitlsd In FIo dI 1 LAW OFFICES OF HERBERT S. KLEIN PROFE88IONAL CORPORATION 401 NORTH MILL STREET SUITE 209 ASPEN. COLORADO 01811 (303) 926-8700 TELEGOPIER (303) P26-3077 July 31, 1990 Mr. Don DeFord Garfield County Attorney's Office 109 Eighth Street, Suite 300 Glenwood Springs, Colorado 81601 Re: Hunt Exemption Subdivision Dear Mr. DeFord: • Ll This letter is being prepared to confirm our telephone discussion of July 23, 1990, with regard to the escrow recording of the plat of the above referenced subdivision. As you may remember, this firm represents an owner of property which is adjacent to one of the parcels to be created in said subdivision. The County's approval of the subdivision is contingent upon the subdivider obtaining an easement through that adjacent property to the subdivision parcel which it abuts. No other subdivision parcel requires the easement nor will be serviced by the easement. In exchange for the granting of the easement to the subdivider by the adjacent property owner, the subdivider has agreed to sell the serviced parcel to the adjacent property owner. Because the parcel cannot be sold to the adjacent property owner until the plat has been recorded, and because the adjacent property owner's conveyance of the easement is conditioned upon the sale of the serviced parcel to the adjacent property owner, an escrow closing is necessary. The escrow agent will hold in escrow the approved and recordable plat, the easement from the adjacent p.operty owner, and the conveyance deed from the subdivider to the adjacent property owner, and record all documents only after approval by all parties. I understand from our discussion on July 23, 1990 that the approved original plat can be delivered from the County to the designated escrow agent who will then have the authority from the County to record the plat after the escrow agent has also received the easement and conveyance deed described above. Although you and I have discussed this on the telephone, the parties are reluctant to enter into a written agreement pertaining to same until we have received some written confirmation from the County that the above procedures are acceptable to the County. For that reason, I am preparing this letter to contain an acceptance line to be signed by you as the written confirmation requested by the parties. Of L L . Vi J 1 LJ Steve Whipple July 31, 1990 Page 2 • course, if you would prefer to confirm these procedures in Some other manner, we will do whatever we can to satisfy your needs. However, if you find the foregoing acceptable, please execute the acceptance provision contained an the copy of this letter and return it to my office at your nar.]_ieet convenience.** Thank you for your cooperation and assistance, and if you have any questions regarding the foregoing, please da not hesitate to contact me. ACCEPAED THIS - �I. ` . 1 'on ord, Gar ie& County Attorney BY Very truly yours, HERBERT S. KLEIN PROFESSIONAL CORPORATION By: Richard S. Croft DAY Fd , 1990 \whipple\07 co: Steve Whipple **It is specifically understood that approval of the exemption pla referenced herein shall be subject to all other terms, conditions and regulations as set forth by the Board of County Commissioners in their approval of this exemption. The foregoing agreement, whereby the executed original exemption plat will be held in escrow shall come into force and effect only upon compliance with all of the other requirements which must be met prior to execution of the exemption plat. Goaf, r��s�� • JOHN D. LAWYER ATTORNEY AT LAW 7949 HIGHWAY 133 CARBONDALE, COLORADO 81623 September 6, 1990 Mr. Mark L. Bean, Director Buiding, Sanitation and Planning Garfield County Glenwood Springs, Colorado Re: Hunt Exemption Plat Recordation of Declaration of Covenants Dear Mr. Bean: TELEPHONE (303) 963-2054 As J. Richard Hunt's agent and attoreny, I will record in the Clerk and Recorder's Records of Garfield County the Declaration of Covenants for Hunt Subdivision Exemption in the form annexed hereto immeditely after the recordation of the Hunt Exemption Plat. • i DECLARATION OF COVENANTS EQR HUNT SUBDIVISION EXEMPTION COUNTY OF GARFIELD STATE OF COLORADO This Declaration is made this day of , 1990, by J.R. HUNT (hereinafter "Declarant"), WITNESSETH: WHEREAS, Declarant is the owner of that certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference, which property is platted as Lots 1 through 7, inclusive, Hunt Subdivision Exemption, Garfield County, Colorado. NOW THEREFORE, Declarant hereby declares that the real property above described is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and easements (collectively referred to as "covenants") hereinafter set forth, which covenants shall run with the land and be binding on all parties having or acquiring any right, title or interest in said property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Bunt Estates Homeowners Association, a Colorado nonprofit Corporation, (hereafter "the Association") its successors and assigns. Section 2. "Lot" shall mean and refer to each parcel as shown on the final plat of the Hunt Subdivision Exemption, Garfield County, Colorado (hereinafter "the subdivision"). Section 3. , "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any lot. ARTICLE II EASEMENTS AND RIGHTS-OF-WAY Section 1. Easements Established. Lots within the Subdivision shall be subject to easements and rights-of-way as shown on the final plat of the subdivision or as otherwise established by recorded instrument. Section 2. Use of Easements. No owner shall place any fence or other structure or obstruction upon or within any easement in a manner which would limit or otherwise interfere with the use of the easement for its designated purposes. ARTICLE III HOMEOWNER'S ASSOCIATION . Section 1. ing Rights. The owner or owners of each lot within the subdivision shall be members of the Association and shall be entitled to one vote for each lot owned. In the event any lot is held in multiple ownership, the owners shall designate one person to cast the vote for such lot. Any provision herein to the contrary notwithstanding, until the Declarant or the successor to the Declarant's interests by reference thereto has sold all lots within the Subdivision, the Declarant or such successor shall have the right to veto any action proposed to be taken by the Association. Section 2. Assessments. The Association may levy assessments, whether regular or special, as necessary to pay the actual cost of maintaining the Association's Water Allotment Contract with the Basalt Water Conservancy District and the water right and augmentation plan as approved by Decree entered June 12, 1990, in Case No. 89CW199 in the District Court for Water Division No. 5, State of Colorado. In addition, the Association may levy assessments for administration and incidental Association purposes in an amount not to exceed $100.00 per lot per year and such additional assessments as a two-thirds (2/3) majority of the lot owners may agree from time to time. Section 3. Creation of Lien and Personal Obligation. The owner of each lot, by the acceptance of a Deed therefore, is deemed to covenant and agree to pay the Association such assessments as are fixed by its Board of Directors. All sums assessed by the Association but unpaid, together with interest thereon and costs of collection, shall be a charge on the land and shall be a perpetual and continuing lien upon the lot against which such assessment is made, which lien shall be evidenced by a statement recorded in the Garfield County records and may be foreclosed in the same manner as a mortgage. Each such assessment, together with interest thereon and costs of collection; shall also be a personal obligation of the owner of such lot at the time the assessment fell due. The Association may recover its reasonable attorney's fees incurred in collecting any such assessment, whether by foreclosure or otherwise. Section 4. Homestead Exemption. The lien of the Association for assessments as above provided shall be superior to any homestead exemption as is now or may hereafter be provided by law. The acceptance of a Deed to any lot shall constitute a waiver of the homestead exemption as against said assessment lien. ARTICLE IV RESTRICTIONS Section 1. Use. All lots shall be used only for single family residential purposes. Only one single family residence and a guest house and barn or other outbuilding as permitted by applicable governmental regulations may be constructed on each lot. Except as provided in this Section 1 below, all buildings or structures erected upon any lot shall be of new, on-site constriction. No mobile home, modular home, trailer, tent, shack or temporary structure shall be placed on any lot. Any provision herein to the contrary notwithstanding, the cabin which -2- • • exists on Lot 7 as of the signing of this Declaration may be preserved for the life of such cabin and shall not be deemed a violation of these covenants. Section 2. Dwelling Size. The habitable living area of each single family dwelling constructed on the subdivision shall have a finished area of not less the 2,200 square feet. In addition, a garage shall be constructed concurrently with the construction of a residence on any lot, which garage shall have a minimum size of two full-size automobile parking spices. S • ion =. Nuisanco. No nuisance or unsightly obJec•t shall be alloccetI cc uliin the subdivision, nor shall any use or practice be allowed which is a source of annoyance to residents, or which interferes with the peaceful possession and proper use of any lot. No immoral, improper, offensive, or unlawful use shall be made of the property nor any part thereof. Section 4. Personal Business. No Business activities of any kind whatsoever shall be conducted within the subdivision; provided that this restriction shall not prohibit an owner or occupant from carrying on any of the following activities if such activity is entirely within a residence and such activity cannot be detected by any of the senses from the exterior of such residence, to wit: (a) Maintenance of a personal or professional library; (b) Maintenance of personal business or professional records or accounts; (c) Personal business or professional telephone calls or correspondence; or (d) Conduct of a home occupation; provided that such home occupation shall not include a bed and breakfast operation, a day care service or any other use which shall generate third party vehicular traffic, which uses are hereby specifically prohibited. This Section shall not apply to Declarant's business activities during the Declaranl's '.ile Of lots within the subdivision. Section 5. Vehicles. Only operable automobiles, pickup trucks and vans bearing a current license shall be kept or maintained on any lot, except that larger trucks, motor homes, boats, motorcycles, snowmobiles and other recreational vehicles and trailers may be kept on any lot provided that any such vehicle is fully screened from view from all other lots within the subdivision. No vehicle maintenance shall be conducted on any lot unless such maintenance is fully contained within a garage out of view of all other lots. Section 6. Garbage and Refuse Disposal. All rubbish, trash, garbage and other waste shall be maintained inappropriate containers in a clean and sanitary condition, out of view from other lots and public rights-of-way, and shall be disposed of in a prompt and sanitary manner. The burning of any such items on any lot is prohibited. -3- • • Section 7. Building Materials. No lumber, metal, building materials or other such materials shall be kept, stored or allowed to accumulate on any lot, except building materials during the course of construction and then only for a reasonable period of time as is necessary prior to the use or disposal thereof; provided further that all construction materials shall be neatly stacked and maintained in an orderly condition at all times during construction of any structure or improvement. Section 8. Completion of Improvements. The construction or installation of any structure or improvement within the subdivision shall proceed promptly and diligently to completion and shall, in any event, be completed within one year after commencement of construction. Section 9. Livestock and Pets. No livestock, poultry, or animal of any kind shall be allowed or kept on any lot except the following: (a) Household pets, including cats and other pets maintained totally indoors. (b) Not more than two dogs. (c) Not more than two head of horses or other livestock on each of Lots 4, 5, 6, and 7; not more than one horse or other livestock on lot 3; no horses or livestock are permitted on Lots 1 and 2. In no event shall any animal be kept, bred or maintained for commercial purposes; provided, that this restriction shall not prohibit the keeping of any animal within the subdivision for a 4-H or FFA project so long as the number of animals does not exceed the limitations above set forth. In the event any dog or other permitted animal becomes obnoxious or constitutes a nuisance to other lot owners by barking or any other activity, or in the event any animal threatens wildlife, the owner of such animal or the owner of the lot upon which such animal is kept shall permanently remedy the problem within five (5) days of written notice from the Association. If such problem is not remedied within said five (5) day period, the Association shall have the right and authority to require that the offending animal be removed from the subdivision within five (5) days of the Association's written notice of removal. If the offending animal is not removed from the subdivision, the Association shall be and hereby is irrevocably appointed as attorney-in-fact for the owner of the offending animal with authority to remove the animal from the subdivision by any necessary means. By acceptance of an interest in any lot within the subdivision, the owner of such interest hereby agrees to indemnify and hold harmless the Declarant, the Association and all other lot owners from any claim, loss or damage arising in connection with actions taken by the Declarant or the Association pursuant to this Section. Section 10. Lot Maintenance. The owner of each lot shall maintain such lot in a manner to assure an over-all attractive appearance, including the revegatation and landscaping of any portion of the lot disturbed by construction. Section 11. Signs. No signs, billboard or other such media shall be created, placed or permitted to remain on any lot except "for sale" and "for lease" signs; provided that this -4- restriction shall not apply to Declarant's activities during the original sale of lots within the subdivision. ARTICLE V GENERAL PROVISIONS Section 1. Enforcement. The Association or any owner shall have the right to enforce, by any proceeding at law or in equity, all covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party bringing any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. In addition to any other remedies otherwise available, the Association or its designated representative may, upon violation or breach of any covenant herein contained, enter upon the property where such violation or breach exists and abate or remove the thing or condition causing the violation or breach or otherwise cure the violation or breach. If the owner or owners of said lot fail, after demand, to pay such costs, such costs shall become a lien upon said lot which may be foreclosed in the same manner as a mortgage under the laws of the State of Colorado or such costs may be collected by suit. The costs incurred in such action, including court costs and reasonable attorney's fees shall be awarded to the prevailing party. Section 2. Severability. Invalidation of any covenant shall not affect or limit any other covenant which shall remain in full force and effect. Section 3. Termination on Public Ownership. In the event any portion of the land within the subdivision is conveyed to a public entity, the covenants of this Declaration shall be deemed terminated as to the land so conveyed, unless the public entity receiving such land consents to the continuing effect of the Covenants or any part thereof. Section 4. Amendment and Duration. The covenants of this Declaration shall run with and bind the real property above described and shall inure to the benefit of and be binding upon all persons now having or hereafter acquiring•any right, title or interest in any lot. This Declaration shall not be modified, amended or terminated except by an instrument approved in writing by the owners of at least two-thirds of the lots within the subdivision and such instrument shall be effective when duly recorded in the records of Garfield County, Colorado. Any provision herein to the contrary notwithstanding, so long as the Declarant remains the owner of any lot, this Declaration shall not be modified, amended or terminated without the Declarant's prior written consent. In addition, so long the Declarant owns any lot in the subdivision, the Declarant shall have the absolute right to amend this Declaration in order to comply with any standard, guideline, rule or requirement now or hereafter established in connection with the financing requirements of any entity or agency regularly engaged in making home loans or guaranteeing home loans made by financial institutions. Section 5. Notices. Any notice required to be sent hereunder shall be deemed to have been given when mailed, postage prepaid, to the address appearing in the records of the Association at the time of such mailing, and in the absence of such address to the address of such person as contained in the records of the Assessor of Garfield County, Colorado. All notices -5- • to the Association shall be mailed to 14913 highway 82, Carbondale, Colorado, 81623, until such address is changed by a notice of change of address mailed to each owner. EXECUTED the day and year first above written. State of Colorado County of Garfield ) ) ss. John D. Lawyer as attorney-in-fact for J.R. Hunt The foregoing instrument was acknowledged before me this day of , 1990, by John D. Lawyer as attorney-in-fact for J.R. Hunt. WITNESS my hand and official seal. My Commission expires: -6- Notary Public DISTRICT COURT, WATER• DIVISION NO. 5, COLORADO • Case No. 89CW199 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: . J. RICHARD HUNT, in Garfield County, Colorado This case came before this Court on the application of J. Richard Hunt for absolute and conditional water rights (groundwater), change of water right, and for approval of a plan for augmentation. The application was filed on September 29, 1989. This application was referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on October 10, 1989, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Water Right Determination Act of 1969. And the undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter of the application, does hereby make the following Findings of Fact and Conclusions of Law and enter the herein Judgment and Decree, to -wit: FINDINGS OF FACT 1. The application was filed by J. Richard Hunt on September 29, 1989. 2. The name of the Applicant is J. Richard Hunt, 14913 Highway 82, Carbondale, Colorado 81623. 3. A Statement of Opposition was filed by John Jessup on November 29, 1989. No other Statements of Opposition were filed with respect to this application. Based upon an engineering report submitted by the Applicant, the fact that the Objector's well is for in-house only, is within 150 feet of Cattle Creek, the Applicant's wells are more than 600 feet in distance from the Objector's well, and the proposed jurisdiction retained clause agreed to by the Applicant, the Referee finds that the interests of the Objector are adequately protected, and he will not be injured by the granting of this application. 4. The claims in the application are as follows: A. Conditional Water Rights. Conditional water rights are claimed for Hunt Well Nos. 1, 2, 3, 4, and 6. -1- III (1) Hunt Well No. 1 is located in the Northeast 1/4 Northeast 1/4 Southeast 1/4, Section 10, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 120 feet West of the East Section line and 2,360 feet North of the South Section line of said Section. (2) Hunt Well No. 2 is located in the Northwest 1/4 Northwest 1/4 Southwest 1/4, Section 11, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 130 feet East of the West Section line and 2,360 feet North of the South Section line of said Section. (3) Hunt Well No. 3 is located in the Northeast 1/4 Northeast 1/4 Southwest 1/4, Section 11, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 2,290 feet East of the West Section line and 2,040 feet North of the South Section line of said Section. (4) Hunt Well No. 4 is located in the Southeast 1/4 Northeast 1/4 Southeast 1/4, Section 10, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 480 feet West of the East Section line and 1,740 feet North of the South Section line of said Section. (5) Hunt Well No. 6 is located in the Southeast 1/4 Northwest 1/4 Southwest 1/4, Section 11, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 1,080 feet East of the West Section line and 1,940 feet North of the South Section line of said Section. The source of the water for Hunt Well Nos. 1, 2, 3, 4, and 6 is underground water tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. The amount claimed for each of Hunt Well Nos. 1, 2, 3, 4, and 6 is 15 g.p.m. or 0.033 c.f.s., conditional. The appropriation date for each of Hunt Well Nos. 1, 2, 3, 4, and 6 is August 30, 1989. The uses claimed for Hunt Well Nos. 1, 2, 3, 4, and 6 are domestic, livestock, irrigation, and municipal uses. B. Absolute Water Rights. Absolute water rights for Hunt Well Nos. 5 and 7 are claimed herein. (1) Hunt Well No. 5 is located in the Northwest 1/4 Northwest 1/4 Southwest 1/4, Section 11, Township -2- 111 7 South, Range 88 West of the 6th P.M., more par- ticularly 230 feet East of the West Section line and 2,150 feet North of the South Section line of said Section. (2) Hunt Well No. 7 is located in the Southwest 1/4 Northwest 1/4 Southeast 1/4, Section 11, Township 7 South, Range 88 West of the 6th P.M., more par- ticularly 3,050 feet East of the West Section line and 1,790 feet North of the South Section line of said Section. The source of water claimed for Hunt Well Nos. 5 and 7 is underground water tributary to Cattle Creek, tribu- tary to the Roaring Fork River, tributary to the Colorado River. The amount claimed for each of Hunt Well Nos. 5 and 7 is 15 g.p.m. or 0.033 c.f.s., absolute. The appropriation date for Hunt Well No. 5 is November 5, 1965. The appropriation date for Hunt Well No. 7 is November 20, 1971. The uses claimed for each of Hunt Well Nos. 5 and 7 are domestic, livestock, irrigation, and municipal uses. These wells are not within 600 feet of any existing or permitted well. C. Well Permits. Well permit applicationsand ere The filed dfor Staor Hunt Well Nos. 1, 2, 3, 4, 5, Engineer's Office has denied the applications as the augmentation plan has not yet been decreed. The Referee finds that the augmentation plan as filed herein adequately addresses the concerns of the State Engineer. The augmentation plan adequately replaces water to the stream system compensating senior water rights holders for depletions which may occur from out - of -priority diversions. D. Change of Water Right. The application requests a change of water right for the decreed use of 0.986 acre-feet of historic consumptive use credit decreed in Case No. 79CW097 to be used in this case for domestic purposes, including livestock watering and lawn and garden irrigation, by augmentation, replacement, and exchange. The historic consumptive use credit is asso- ciated with the Park Ditch and Reservoir Company water rights shown on Exhibit "A" attached hereto and incor- porated herein by reference. E. Augmentation Plan. The application requested approval of a plan for augmentation as follows: -3- • Name of structures to be augmented: Hunt Well Nos. 1, 2, 3, 4, 5, 6, and 7. Water rights to be used for augmentation: The Applicant is the owner of 4.0 acre-feet of historic consumptive use decreed in Case No. 79CW097 (Water Division No. 5). The 4.0 acre-feet of adjudicated historic consumptive use is associated with water rights decreed to the Park Ditch and Reservoir Company, more particularly described above. The Park Ditch and Reservoir Company diverts direct flow water rights from Cattle Creek under the water rights as shown in Exhibit "A" (attached hereto and incorporated herein as part of this Decree). Direct flow diversions made in the winter will be supplemented by releases from Ruedi Reservoir from water owned and leased by the Basalt Water Conservancy District. The Applicant's land falls within the boundaries of the Basalt Water Conservancy District. The Applicant has the right to use 0.3 acre- feet of water from the Basalt Water Conservancy District pursuant to a Water Allotment Contract. The 0.3 acre-feet of water pursuant to this contract will be used to augment the water uses made in the winter time that is out of priority. The 0.3 acre-feet asso- ciated with water stored in Ruedi Reservoir was decreed in Civil Action No. 4613 (Garfield County District Court) on June 20, 1958, for 102,369 acre-feet for municipal use with an appropriation date of July 25, 1957, from the Fryingpan River. Statement of plan for augmentation: The Applicant owns property located in the Southwest 1/4 of Section 11 and the Southeast 1/4 of Section 10, Township 7 South, Range 88 West of the 6th P.M. in Garfield County, Colorado. Such property will be subdivided into seven lots varying in size from 7 to 21 acres. Each lot will be used for a single-family residential homesite to be occupied by one family of approximately four persons each on a year-round basis. Each lot and homesite will be serviced by one of Hunt Well Nos. 1 through 7. The water requirements and potential stream depletions associated with diversions from the Hunt Well Nos. 1 through 7 for use on these homesites are based on the following criteria. One residence with per capita water requirements of 80 gallons per person per day, using a septic/leachfield wastewater treatment disposal system with a consumptive use of 15 percent, a maximum of 10 horses for the entire development, and a maximum of approximately 16,500 square feet of residential lawn and garden area with a net irrigation demand of 2.003 acre-feet of water per acre with an irrigation effi- ciency of 80 percent. (The irrigation demand for the property is 2.503 acre-feet per acre. 0.50 acre-feet per acre will be met by some precipitation.) -4- • • During the historic irrigation season (May through October), the total consumptive use associated with diversions from the Hunt Well Nos. 1 through 7 for seven lots will total 0.986 acre-feet. Out -of -priority diversions from the Hunt Well Nos. 1 through 7 during the historic irrigation season will be augmented with the appropriate amount of historic consumptive use adjudicated in Case No. 79CW097 that is associated with the Park Ditch and Reservoir Company decree. At such time that water right calls placed on the Hunt Well Nos. 1 through 7, water will be released from Cattle Creek from the augmentation structures described in Paragraph 24.C. of the Decree in Case No. 79CW097. This augmentation water will be available to replace depletions to Cattle Creek, the Roaring Fork River, and the Colorado River. During the non -irrigation season (November through April), the total consumptive use associated with diversions from the Hunt Well Nos. 1 through 7 for seven lots will be 0.247 acre-feet. Out -of -priority diversions from the Hunt Well Nos. 1 through 7 during the historic irrigation season will be augmented with the 0.3 acre-feet of water obtained from the Basalt Water Conservancy District and associated with Ruedi Reservoir. At such time that a water right call is placed on the Hunt Well Nos. 1 through 7, water will be released to the Roaring Fork River from Ruedi Reservoir. This augmentation water will be available to replace depletions to the Roaring Fork River and the Colorado River, together with transit losses from Ruedi Reservoir to the confluence of Cattle Creek and the Roaring Fork River. An engineering report and supplements thereto authored by Scott Fifer of Enartech, Inc. was attached to the application and incorporated therein. CONCLUSIONS OF LAW 1. This is an application for approval of a water right and change of water right and plan for augmentation for the pur- pose of providing water to satisfy senior water rights when the wells described above are producing out of priority. 2. The application was complete, properly and timely filed, and all notices as provided by law were properly given. 3. A Statement of Opposition was timely filed by John Jessup. 4. The Court has jurisdiction over this application and all parties. -5- JUDGMENT AND DECREE The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter in the application, does hereby make the following determination and Ruling of the Referee in this matter: 1. The application requesting water rights for Hunt Well Nos. 1 through 7, as more fully described in Paragraphs 4.A. and 4.B. of the Findings of Fact is hereby granted. A. As to Hunt Well Nos. 1, 2, 3, 4, and 6, a conditional water right is granted. An application for a quadren- nial finding of reasonable diligence shall be filed in of 199% and in 1�,. / of every ji47X feii-rth calendar year thereafter so long as the Applicant desires to maintain these conditional water rights or until a determination has been made that these conditional water rights have become absolute water rights by completion of the appropriation. B. Because Hunt Well Nos. 1, 2, 3, 4, and 6 will be used in conjunction with the augmentation plan, such water rights will not be subject to cancellation or abandon- ment for failure to develop or construct them within two (2) years from the date of the well permits. 2. The change of water right as applied for above is hereby approved and granted, changing the decreed use of 0.986 acre-feet of historic consumptive use credit decreed in Case No. 79CW097 to the Park Ditch and Reservoir to be used for domestic purposes, including livestock watering and lawn and garden irri- gation, by augmentation, replacement, and exchange. 3. The proposed plan for augmentation meets the statutory criteria for a plan for augmentation set forth in C.R.S. §§37-92-103, -303, and -305 as one contemplated by law and if operated in accordance with the terms and conditions of this Ruling will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed con- ditional water right. 4. The augmentation plan, as more fully described above in Paragraph 4.D. and filed for herein, is hereby approved per- mitting the Applicant, his successors, and assigns to use the Hunt Well Nos. 1 through 7 as described herein in accordance with this plan without state administrative curtailment for the benefit of senior appropriators, so long as the terms and con- ditions herein set forth are fully adhered to throughout the operation of this plan. 5. The State Engineer shall issue permits for the wells pursuant to C.R.S. X37-90-137, subject to the conditions that -6- 89CW199 • • the wells shall be equipped with totalizing flow meters, shall be operated only in accordance with the plan for augmentation as set forth herein, and the diversion shall be curtailed through said structures included herein if they or any other features of this plan for augmentation are being operated or used in viola- tion of the terms as set forth herein. The Applicant has filed well permit applications for all seven wells. Such well permits shall be issued by the Colorado Division of Water Resources in accordance with this decree and such permits will cancel the exempt status of Well Nos. 5 and 7. 6. The augmentation structures, as required herein, have been constructed and are operating at this time. 7. A copy of this Judgment and Decree shall be filed with the appropriate Division Engineer and with the State Engineer. Done this ,?L- day of ,,../ , 1990. • iok3ctoin9 nailed to all } .,cord--`- 'Vater • :.•• )iv. Lngineer---an d,_ �" /la.) t✓` -/7e Water Referee Water Division No. 5 State of Colorado No protest having been filed in this matter, this Ruling shall become the Judgment and Decree of this Court with the following additional condition: The plan for augmentation decreed herein is subject to reconsideration by the Water Court to review the question of injury to the vested water rights of others as a result of operation of this plan. This period shall commence on the date that a certificate of occupancy for the last residential struc- ture built for all o f the seven lots is issued by the County. Done this I — ('day of -AJ ble , 1990. Copy of the foregoin Counsel of cord -i f:eferee,-VDiv. Engi State • girreer c� fnailed to all Nate eerka d v J�2 (?;12:i f���2 Waterl\Judge -7- LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD DAVID R. STURGES s • LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW January 26, 1990 Mr. Mark Bean Garfield County Planning Division Department of Development 109 Eighth Street, Suite 306 Glenwood Springs, CO 81601 Re: Hunt Exemption Plat Dear Mark: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 I am in receipt of your letter dated January 4, 1990, addressed to Mr. Hunt. I am authorized to give you the following information so that you can complete Paragraph 1(a) of that letter. The case number for the water augmentation plan is 89CW199. That case limits Lots 1, 2, and 3 to 1,500 square feet of outside irrigation and Lots 4, 5, 6, and 7 to 3,000 square feet of outside irrigation. Mr. Hunt has determined that Lots 4, 5, 6, and 7 should have two horses allocated to each lot, and Lots 2 and 3 should have one horse allocated to each lot. If you have any further questions or need any further infor- mation, please feel free to give me a call. SAC:rin cc: Frank Harrington J. Richard Hunt Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. Sherry/A. Caloia L. 2") • Exemption subdivision, J. R. Hunt, 9- 589 /0'1- l D. • Names and addresses of owners of record of land immediately joining and within 200 feet of the proposed exemption. ✓ 013 White, Judy J. Attn. Floyd and Beverly White 4995 E. Ashton Avenue Castle Rock, Colorado 80104 006 Whipple, George Stephenson 3313 Co. Rd. 113 Carbondale, Colorado 81623 ✓005 Lenoble, William P. 45342 Carmel Valley Road Greenfield, California 93927 ✓ 208 Jessup, John S. and Patti Jo 3023 Co. Rd. 112 Carbondale, Colorado 81623 ✓ 237 Beerman, Lizabeth R. 1609 Defiance Drive Carbondale, Colorado 81623 1260 Haleblian, Cheryl Thompson c/o G. Newton 2368 Co. Rd. 112 Carbondale, Colorado 81623 258 Carbondale Land Development Attn. Bruce Kistler 840 S. Adams Street Denver, Colorado 80209 ✓234 Provisor, Janis L & Davis, Bradley D. 0525 Cactus Flats Road Carbondale, Colorado 81623 ✓235 Gamble, Mia M. and Jerry L. PO Box 1181 Carbondale, Colorado 81623 ✓21 7 Johnson, Edward and Janel I L. 0055 Co. Rd. 112 Carbondale, Colorado 81623 ✓951 Bureau of Land Management 50629 Hwy 6 & 24 Glenwood Spring, Colorado 81601 023 Malone, Rylin and Weil Gunter 3803 West Fourth Street Hattiesburg, Mississippi 39407 ✓ 024 Douglas, Stephen A. Box 8338 Aspen, Colorado 81612 025 Stirling, John Marshall 0704 Skipper Drive Carbondale, Colorado 81623 001 Co. ✓004 Pierce, Susan Diane 0033 Cactus Flats Road Carbondale, Colorado 81623 Arnold, James D. 0739 Cactus Flats Road Carbondale, Colorado 81623 November, 1989 - Page 473 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 6, 1989 seconded the motion; carried. ROAD AND BRIDGE DEPARTMENT - SUTANK BRIDGE There was a discussion with King Lloyd, Road & Bridge Supervisor, regarding the safety of the Sutank Bridge. Chairman Smith stated that a school bus had gone on the bridge. King stated there was a sign which states "Passenger cars only" and he has talked to the Carbondale School principal regarding this matter. The Board requested an update on the situation to make sure the signs were complied with and that no damage was done to the bridge. CAPITAL ASSET DELETION Commissioner Mackley made a motion that the Chairman be authorized to sign a deletion of capital asset for the attorney's printer (Co #2265). Commissioner Arbaney seconded the motion; carried. PUBLIC MEETING FOR A SUBDIVISION EXEMPTION REQUEST LOCATED APPROXIMATELY 3 1/2 MILES EAST OF HIGHWAY 82 OFF COUNTY ROAD 113; APPLICANT, J.R. HUNT Don DeFord discussed the public notice requirements with the applicant, Mr. J. R. Hunt and the Board found them to be adequate. Mark Bean, Director of Building, Planning and Sanitation, reviewed the staff comments and recommended changes regarding protection of potential wetlands, deletion of condition #4 due to it being complied with and the addition of plat notes restricting driveway accesses. Mr. Hunt expressed his concern regarding whether he had a right to determine driveway access and that the property buyers should determine that. Tony and Darlene Baran, 0746 Co Rd 170, discussed their concern for the maintaining the quality of the surrounding environment and the wetlands for beaver and ducks if the exemption were approved and requested a plat note for restriction to protect the wet lands and that the term "potential" wetlands would not protect the beavers since they come and go. Chairman Smith expressed her concern with the term "potential" also due to the fact that there are beaver and ducks there now. B. J. Jessup, 3023 Co Rd 112, also discussed her concern regarding the obstruction of her view and privacy and the Board informed her that she would have to discuss that matter with Mr. Hunt since the Board has no control over where the building envelopes would be aesthetically. There was considerable discussion regarding driveway access, easements, the term "potential" wetlands, the severe building limitation and access on lot 1 and the staff recommendation of combining lots 1 and 2 to alleviate this problem. Commissioner Arbaney made a motion that the Board approve the J. R. Hunt subdivision exemption with the conditions of approval as written in the staff comments dated November 6, 1989 with the following changes: That #6 be added to read, "That prior to approval of the exemption plat legal access from an adjoining property to lot 1 by deed be provided to the County Planning Department and further that a building envelope be identified for the northwest corner of lot 1 no more than 200 feet on a side and with no direct access off of County Road 113; That #8 be added to state, "That a plat note state that any disturbed areas will be reseeded with certified weed -free seed".; That 1. a) read, "That lot 4 only have only have a driveway off of County Road 112 and the lot 3 driveway be located on the east property line adjacent to County road 113; that lots 5 and 6 will have a common driveway access approved by the County Road & Bridge Supervisor off of County Road 113 at a point where the common corners meet legally described as an easement by Deed"; 1. b) (3) to clarify change that no residential or storage structure shall be built on the south side of Cattle Creek, that requires a bridge, without licensed professional engineer's certification...; at request of applicant change 1. b) (6) ..potential wetland that may be regulated by the Corps of Engineers."; and the deletion of condition #4 because it had already been met. Commissioner Mackley seconded the motion; carried.