HomeMy WebLinkAbout1.0 ApplicationBEF.RE rOrooRD oF couNry
"or*rrJ5NERs
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GARFIELD COUNTY, COLORADO
PFTITION FOR FXFMPTION
Pursuanr. ro C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulationd of Carfield County, Colorado, adopted April 23,1984 Section 2;20.49,
the undersigned Richard & I'larv Jollev respectfully petitions
the Board of County Commissioners oIGarfield County, Colorado, to exempt by Resolution
the division of 100 cre tract olland into 4 tracts of approximately -
& 9I acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the termsare used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
3. 3. 3.
+L^ ^-^a+i^- ^€ rL'raa tlrrao ^tr6 ^rt.o 1- ^- fL'a r.raal-or'lrr o nd
of orrr ranch so that m 2 v e1l them someda Weq are doins at this t ime becau se
the exemption process may not be available in the future.
S UBM ITTAL REQUI REM ENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
Sketch map at a minimum scale ol I "=200'showing the legal description of the
property, dimension and area oIall lots or separate interests to be created, access
to a public right-ol-way, and any proposed easements for drainage, irrigation,
access or utilities;
Vicinity map at a minimum scale of I "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surroundin g area
within two (2) miles, for whi<;h a oopy olU.S.G.S. quadrangle map may be used.
Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) i-f other than the applicant; and
Names and addresses of owners of record of land immediately adjoining and
within 200 leet of the proposed exem ption, mineral owners and lessees of mineral
owners o[ record of the property to be exempted, and tenants ol any structure
proposed lor conversion; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot created,
method ol sewage disposal, and letter of approval of hre protection plan from
appropriate fire district; and
Ilconnection to a community of municipal water or sewer system is proposed,
a letter lrom the governing body stating a willingness to serve; and
Narrative explaining why exemption is being requested; and
It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one o[not more than three parcels created
lrom a larger parcel as it existed on January 1,1973.
A $300.00 lee must be submitted with the application.
Petitioner R chard Jolley
24
Mailing Address
New Castle, C0
City
984-3124
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81647
Telephone Number
State
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EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land
lrom the definition ol subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or deleat the stated purpose
of the Subdivision Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application lor exemption must satisly, at a minimum, all oIthe review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A No more than a total of lour (4) lots, parcels, interests or dwelling units will be created
lrom any parcel, as that parcel was described in the records of the Garheld County
Clerk and Recorder's Olfice on January l, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural feature,
preventing joint use o[ the proposed tracts, and the division occurs along the public
right-ol-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not beconsidered to have been created by exemption with regard to the lour
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
All Garfield County zoning requirements will be met; and
All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
Provision has been made lor an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serye each proposed lot; and
All state and local environmental health and salety requirements have been met or are
in the process ol being met; and
F. Provision has been made for any required road or storm drainage improvements; and
Fire protection has been approved by the appropriate hre district; and
Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
School fees, taxes and special assessments have been paid.
(The School Impact Fee is S200.00 lor each new lot created).
PROCEDURES
A request. for exemption shall be submitted to the Board on forms provided by the
Garheld County Department ofDevelopment/Planning Division. Two (2) copies ofthe
application maps and supplemental information shall be submitted.
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B.The Planning Division shall review theexemption request forcompleteness within eight
(8) 6ays of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified oIthe ad<Jitional inlormation needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Bolrd ol County Commissioners meeting at which the request shall be
consiclered. In either case, notification shall occur within hfteen (15) days of submittal.
Notice of the public meeting shall be mailed by certifiecl mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed lor exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible lrom a public right-ol-
way with notice signs provided by the Planning Division. All notices shall bemailed at
least filteen (15) ancl not more than thirty (30) days prior to the meeting. The applicant
shall be responsible lor mailing the notices and shall present proof of mailing at the
meeting.
At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or {eny the exemption request. The reasons lor denial or any conditions of
approval shall be set lorth in the minutes ol the meeting or in a written resolution. An
applioant deniecl exemption shall [ollow thesubdivision procedure in theseregulations.
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PROPERTY OWNERS WITHIN 2OO FEET OF JOLLEY PROPERTY
Eric & Shirley Williams
0981 County Road 245
New Castle, CO 81647
Colorado National Bank of Denver, Trustee 015
Attn: Trust Real Estate - CNDT231t
P.O. Box 5168
Denver, CO 80217
Rodney & Tammy Sherman
0926 County Road #245
New Castle, CO 81647
Kazimierz & Esther Kozak
P.O.Box2647
Glenwood Springs, CO gT602
Leslie Rae & Max Wareham
P.O. Box 555
New Castle, CO 81647
Robert & Barbara Eanes
1679 CountyRoad#245
New Castle, CO 81647
Elk Creek Ventures, LLC
532 Traver Trail
Glenwood Springs, CO 81601
Mary Louise Jolley
1288 CountyRoad#245
New Castle, CO 81647
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'i Th" D.]:SEf, .or secrlon,7; che !Asr+;, rhe..sufswfi, rire slsaf, ond che Hefse| or, ::.i:::.8, rounshrp 6 sour,h,.i;;;; si r",;, iir.'-ilu.;"iXn,,rnrn* 320 acres,more
o Jo. zso 0@6
Rocordcd ot....II.1,0.5.../Book
Pagelhception N0...,
.o'c1ock.4,.,......M., ....D.ec.....,16 .,.....Lg 65. - ..... _.................
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9
......Chas., ...9 .......Bccordcr.
RECONDBR'S STA[TP
72
TIIIS DEED, Marte thie Fif reenrh dey o!
December
. ir thB year of our Lrord one thousrnd niao huadrcd
aud slxty-fivc betwectr---,-_s:::ll"j.*::, somerlmeE known rs lr. ro1ley,
of thc as Max Jolley-----
County of Carfleld srrd
State of Colorodo, of the first part, aud
------RICHARD C. JOLLEY_-__-..-.-
ol the count'v of Garfield snd strtc of coloredo, of the rccond partl
wI?NEssEt'Ir' TLct thc said part y of tho first pait, for aud in courideration of tbs rum ot...LOVE AND
^FFECTION AND OTHER COOD AND VALUABLE CONSIDEMTION...-...-flNXR'OfiAX
to tbe s8id psrt y o! the lirst part ia haud paicl by tLe said part y o! tha recoad part, thcrcceipt whcreof is hcreby coulcsscd aarl aclraowlcdgcd, ha e grautcd, bargoiuod, sold audr conv6ysd,
aud by thcsc proscuts clo es gront, bargoin, sell, conr.ey an. confirm unto the sai. part y ol the
sccond port, his bsirs aad assigoe forever, all the followrng described lot or parcels ofland, situote, lleng and boiag ia the County o! carflcld aud
Stste of Colorado, to.s,it:
An undivided one-third i.nterest ln and to all of the follor.rlng:
rne wlscf and relse$ of Seccion 25, Tounshlp,5 sourh, Range g1 Hest of che 5rhp'M" concslntng 120 acre6,;;;"-;; iJIr, ruuj""r .o'"r.r-'i"=semencs 0f a publrcn.rrure, Eorecher wtrh at1 of flrsc-pJily], ,rirr., ,i,i"^."i,inreresc 1n and coEhe Hagsercv Enlargemenr or ci"-i;d;ii Dicch ani,ii-iri". connelry Dlrch andttre uaEer rishcs con'ected "rcrr saii-ii:.:n.:i*;;;;;;;;;, che forrowrns randhererofore conveyed .._M"II toui.e-joiioy, !o-!rlE: lll ttrac parc of che t*Iselsecrlon 25, rp' 5 r:, *:-gi p. ;;-.[.'iii-p.u. ivi"a"r""iii"ir, or che ""rrii"ricenter line of secllon 25 and n"iai""=ri".Iy of rhc county road, dercrrbed asfo11o,s: Bstinnins aE Ehe inr"..""iiJi'por.,c on the ""rirr""ry boundary rinc ofsald councv road urch sard;";;;;;;-;;ncer rrne "r i";;i;;-is,,,h"n." the Easrt/4 corner or said secrion 25;;;;; Nl"is"sB; i.-ioiili^il"i; th"n.u N.8e"s8, E.it',?3 f::: ::.:'.:i:.;::;:;:,i.iir,;;'i;il*;,ii;:lj:"*; :i:::: i: i,ei,,,;2l'45 r""r arong rhe..";;;;iv"ii""=li'r"ro ,"ai; ir,"""" nr'rr"ro, ut, 273.50 reeraLont the norEherlv 1lne of.liJ-.""J; Ih"n"" n.'oi;iii"w.'zoo r.", along cheili::":lr,:;x"::,i, i:"::ji"
:i,;, :;il," ::" H"lj.i: "ij:"'ii "l' ", ." ia -G,i+,',.i
"
$ii,'gl'fu"'i:rTti:l::i":::.ytflt"?:,::"il:..1!:-I",nsh,p 5 souch or Range 8e
rhe sl*w| and rhe mlm* of secrl0n 17 and rhe selswf, rhe sEf and.che r,)nef orSeccion 8' in Townsr'ip i souii-"i-nr"g"'as wu.,-oi-,;;;;.",, cororado, con-taintng 400 acres; - '!e!'6r
tire ln"fsaf ' che SW'L*'|,-;r,1, se!'{r*, und rhe me}sw} of secrion 17, in ?ovne[{p (Souch of Range 9I iest of rt," itr,"i.lr.'] color"ao,.concalntng t60 acrea;
:l! ::*'Il"::'.:i:":]|l't":l.i:;:1";o'l.l:,]ounshlp 6 souch or Range e1 r.rest or
iok
ge
Bo
Pao
end the ubo"c bargainetl prcmircr in
the quiet ond pcaceeble posscssion of thc raid port y of the reeond part, hls heirs anrl
aseigae, ogeinst all oqd ovcry person or perooas hwlully cleiming or to claim the rvholc or oEy psrt
tborcof, the said prrrt y of thc first port rhall and rvill \YAITRANT AND FORIivDIi DDFDND.
IN WITNITSS WIIDIiEOF, The aaid port y of the firrt purt bn e hercrrnto sct h1e
band ood sesl the day and year firet obovc written.
Signcd, Srrlcd ond Dclircrcd ln Pnscnco of
!4aIcolm Jo
....................... ISDAL]knovn aaaomeH. JoIlevillx'Jot'li y:"""""'.............IsEAL]
............. IsDr\L]
tt^rutoRY AcENOTLEDCMDN?, !ESStO!{ Irtt
STATE Or C0L01}AD0,
....................C0rrnty of..........G4&EIELD.,.....
Tbe foregoiug instruncut wer ecknowledged befor.e me this /day o! Decatnber
19 65 ,by'Malcolm Jolley, somellmes knovn as H. JoIIey, oomectmea knovn as
Hax JoLIey.
,Wituess oy hoad nntl oflicial eeal,
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,#:f!/-t*.r,r= . =--..--.. . . .,.
; ll by D6on rtlln! ih r.rica.ntotlv. or o(tlclrl arp!.lhz or M .tbm.r.o! otho!.oDsclty 6 d.!.rlDlioh; t b, orrl6 ol @Dot.tlor, th6 ln,.ftol.nclr corDor.tlon, !rhlna lt.
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LEGAL DESCRIPTION OF ORIGINAL PARCEL
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THEWlI2SE1/4 AND NE1/4SE1/4 OF SECTION 25, TOWNSHIP 5 SOUTH,RANGE 91 WEST OF THE 6TH P.M. , LESS ALL TI-iAT PART OF THENE1/4SE1 14 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST OFTHE 6TH P M LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 245, CONTAINING 1OO ACRES MOREOR LESS.
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TOWN OF NEW CASTLE
Telephone (303) 984-231 1
"Burning Mountain"
1888
December 12, 1995
t'lr. Pick .fo1ley
1288 245 Road
Neer Castle, co 81647
Dear Dick,
The Board of Trustees of the Town of New Castle have approved three
(3) \irater taps from the Town,s srater system for your property lying
west of county Road 245.
AIl water tap fees must be paid to the Town prior to any delivery of
water or at the issuance of a building pernit.
Sincer
Steve
Mayor,of castle
Box 90, New Castle, Colorado 81647
@ prinrcA on recycled paper
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Burning Mountains
Fire Protection District
Box 236
silt, co 8L652Board
Ross Talbott - Cbainuan
William Montover
Seau Mello
Tom Voight
Gordou Witzle
Dou Zordel - Chief
Stu Cerise - Asslst.
December 11, 1995
TO: Garfield CountY Commissioners
RE: Request by Richard C. Jolly to divide a 9 acre parcel on245 road into three 3 acre plots'
An onsight inspection by Chief Don Zordel, indicated that the proposed sites had good road access
adequate for fire equipment in all weather and grades are acceptable. There is an existing fire plug
about 50 yards above the 245 roadentrance which should provide adequate flow to serve structure
protection. This plug is also within the 500' radius required for structure protection'
Sincerely,
Ross L. Talbott, Pres.
Burning Mtn. FPD
Richard C. Jolley
'1288 County Road #245
New Castle, CO 81647
984-3124
December6,1995
Garfield County Planning Office
109 8th Street
Glenwood Springs, CO 81601
To Whom it May Concern:
Enclosed is my application for three subdivision exemptions. I am requesting
these exemptions in anticipation of Garfield County ending the exemption
process. lcurrently own approximately 100 acres in one existing parcel lying
south of County Road #245. The piece I am proposing to split into three parcels
is presently a nine acre irrigated field on the far west end of my ranch, which will
leave approximately 91 acres for my ranching operation. The nine acre parcel is
currently separated from the balance of the ranch by an existing private road.
The three new parcels I am creating will each be approximately three acres in
size. Access to these parcels will be provided by the existing private road. The
domestic water source for these three parcels will be either the Town of New
Castle or we will obtain well permits from the State of Colorado Division of Water
Resources. The method of sewage disposal will be individual septic disposal
systems which conform to state of colorado Health Standards.
A pro rata share of my existing water rights will be allocated to each parcel for
irrigation purposes. Electricity and natural gas are available at County Road
#245 from Public Service. Telephone and cable TV are also available at County
Road #245. I will convey appropriate easements for access and utilities on the
afore mentioned private road to County Road #245.
For purposes of clarification, I obtained a subdivision exemption earlier this year
for an 18 acre parcel lying north of County Road #245. This exempted parcel
has been taken through county subdivision process and is currently awaiting
final approval. I would like to point out that the exemption that was obtained for
this subdivision met the county guidelines as a "natural split" and should not
count as one of the three allocated splits for an existing parcel of land.
Thank you for your time and consideration in this matter. ,
Very truly yours,
ao
Richard C. Jolley
GARFIELD COUNry SURVEYOR'S OFFICE
JUNE 21, T997
GARtrIEtD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO.
81601
AT?N: Irm. MARK BEAN, DIRECTOR
RE: COUNTY SURVEYOR REVIEW OT THE DICK JOI,LEY SUBDIVISION EXEMPTION P[AT.
DEAR },IARK;I HAVE REVIEWED THE ABOVE RETERENCED EXEMPTION PI.AT AND NOTE THE FOI,IOWING:1) ANY PIAT NOTES AS REQUIRED BY THE COUNTY PTANNING DEPT. SHOUTD BE NOTED ON THEptAT. (THIS APPBARS TO HAVE BEEN DONE.)2) INDIVIDUAf, METES AND BOUNDS FoR EAcH oT THE toTs uUST BE NoTED oN THE PIAT As
REQUIRED By CoUNty suBDrVrSIoN EXEI{PTIoN REGUTATIONS.3) THE ACCESS EASEMENT TO THE WELL SHOUTD BE DIIIENSIONED.
sHoutD you HAVE ANy QUESTIoNS, ptEASE rEEt TO GIVE A CArt.
S Y
PHELPS
AS GARFIETD COUNTY SURVEYOR
CC:
}IID COOI.BAUGH, P.t.S.
SHAIE COUNTRY SURVEYING
215 HUTTON AVE.
Rrr[E, c0.
816s0
SENT VIA FAX
COI'NTY TITES
County Courlhouse Bldg.
109 Eighth Street
Glenwood Springs, CO 8,I601
(e70) 945-1 377, Efi. 25tO
Somuel Phelps
Gorfield County Surveyor
Privole Office
214 E. Eighth Street, Ste. 210
Glenwood Springs, CO 8.l60.l
PH: (970) 928-8233 FAX: (970) 945-8565
Kent Jolley
532 Traver Trail
Glenwood Springs, CO 81601
945-1 01 0
July 11,1996
Garfield County Planning Department
109 8th Street
Glenwood Springs,
co 81601
To Whom lt May Concern:
To resolve the concern about providing water for the three exempted three acreparcels, we propose to use an existing wellthat is tocated nearby, on the g0
acre parcel. We will provide an easement from the welt to the subject parcels
for a water pipeline. Enclosed with this letter is a copy of the well permit, prrp
test and letter from Acau Tec, and sketch plan showing the well location in
relation to the subject property.
Kent
S
AQUA TEC SYSTEMS,
P_O. BOX 488
GLENWOOD SPR]NGS. CO
I NC.
BL6A27 ,/ 7A,/96
MR. RICHARD .7OI,I.,EY
L288 RD. 245
NEW CASTLE, 8L647
TO WHOM IT MAY ,CONCERN:
WELL LocATroN: LZBB RD z4s, NEI.I CASTLE cAMpcRouND WELL
THE WELL WAS TESTED AT A PUMPING RATE AF 2L.4 GALLONS PER MINUTEF'OR 12 HOURS.
DATE OF TEST 6 ?../e
APPRO
APPRO
HORSE
XIMATE STATIC LEVEL 14.25 FEETXIMATE DEPTH 3.0 . FEET
POWER OF PUM
APPROXIMATE PUMPING SETTING 25_ FEET
T:'1 /D
THB TEST DATA OBTAINED IS REPRESENTITIVE OF ONLY CONDITIONSOBSERVED ON THAT DATE AND DOES NOT ACCO.NT FOR PoSSIBLE SEASoNALVARIATION IN THE AQUIF'ER NOR LONGER PIJMPING DURATIONS-
TOM PL,ATZ
STATE LIC
S{JBMITTED
s1106
7,/70,/96
MR. RICHARD .JOLLEY
12BB RD. 245
NEW CASTLE, CO. 8L647
TO WHOM IT MAY ,CONCBRN:
WELL LOCATION: TZBB RD. 245, NEW CASTLE, CAMPGROUND WELL
IT I.S THE OPINION OF AQUA TEC THAT ',IF" THIS WELL CAN SUSTAINTWENTY GALLONS pER MINUTE , rr I^7ouLD pRoDUcE zB,Boo GALLoNS pERDAY, WHICH WOTJLD BE AN ADEQUATE SUPPLY FOR 4 DWELLING UNITS PERTHE PLANNING DEL]ARTMENTS CR]TER]A.
AQUA TEC SYSTEMS,p.o. Box 4BB
GLENh7OOD SPRINGS, CO
I NC.
87602
RESENTITIVE OF ONLY CONDITIONST ACCOUNT FOR POSSIBLE SEASONAL
ER FL]MPING DURATIONS.
THE TEST DATA OBTAINED IS REPOBSERVED ON THAT DATE AND DOES NOVARIATION IN THE AQUIF'ER NOR LONG
TOM PLATZER
STATE LICEN s1106
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'VHDt,I,ll[i 1 rr i!g/Richard C. Jolley
1288 County Road #245
New Castle, CO 81041
984-3124
(1 U
(.,.), ir rl.,.' ;,i:i! l:;,,.,,,,,n,,.,....,
March 5, 1997
Board of County Commissioners
C/O Planning and Zoning Department
109 8th Street
Glenwood Springs, CO 8160l
Dear Commissioners:
I have applied for and received an exemption on my ranch, based on certainconditions. I would like to request an extension uniil the meetin g of l-14-97 tocomplete those conditions.
Thank you for your help and consideration in this matter.
Very truly yours,
Itdtn",{C'cl
Richard C. Jolt
oL. &tz
s/z/rz
RICHARD C. JOLLEY
RoAD 245 . Box 1288
ELK CHEEK (97O) s64.31 24
NEW CPSTTE, COLOBADO 81647
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THls DEctARATtoN is made tnis '24 day of July, 1997, by RICHARD c.JoLLEY and MARY JOLLEY (hereiiifter the "Declarants"), owners in fee of thatreal property described as the DlcK JoLLEy EXEMPTIoN, County of Garfield,State of Colorado.
DECLARATION OF WATER WELL
COMMUNIry SHARING AND MAINTENANCE
RECITALS
1 . The Decrarants are the owners of the above-described property.The Declarants and their successors in interest shall be the owners of WellPermit No' 39861 and shall be the joint owners of a water well, casing and pumpconstructed and installed by Dectarants for the purpose of providing jomestic
water for all permitted uses on those real properties described as parcel 1,Parcel 2, and Parcet 3,. Dick Joiley Exemption, ea.rieio county, cororado,(hereinafter the "parcels,').
2. The weil and casing and pump shail by utirized by said owners as alaMul water right.
3' The water wett and system will require completion and continuingmaintenance and operation, the costs of which must be borne by the owners andusers thereof. .
4. The weil permit contemprates perpetuar, though not constant, useand operation of the weil, pump and ihe appurtenant structures.
5' By this Declaration, Declarants intend to clarify respective rightsand duties and establish easements and procedures for the joint op"rrlion of thewater well and the delivering of water to the properties of the owners, and for theprovision of a method for equitably dividing the water derived from the operationof the system, and for the equitabie allocation of the shared payment of costs ofoperation and maintenance of the water well and its pumps and other structuresby all of the owners. Declarants impose these obligations on each of the three(3) Parcels as covenants running *itf, the land.
il
WELL SHARING AND MAINTENANCE PROVISIONS
! 1' The Dectarants hereby declare the owners of each parcel shall bedeemed to own an undivided one-third (1/3) share of the subject well permit,well, pump, power source for the pump, fittings at the weil head, meter,pumphouse, foot valves, and any pipes or pifielines and any other structureswhich are jointly used (whetner exisiing now'or to be installed at a tater time).The owner of each Parcel agrees to pjy for and install pipe or pipeline from thewell, which well shall be located on partel 3, to each owner,s parcel.
2' No owner of any Parcet will be deemed to have any ownership rightin and to any pipe, pipeline oi other structure used or required by solely by theowner of another of the Parcels which may utilize any portion of ihe water ftowingfrom the water welt and its structures. This agreement does not intend to relateto such individually owned or used right or stirctures. Nothing in this agreementshall be construed to give any owner any rights to such non-shared property ofother owners nor to obligate any party to piv any costs associated with non-shared structures.
3' The owners of the Parcels shall cooperate with each other at alltimes in all matters.necessary to promote the proper construction, comptetionand functioning and use of the water system in such manner as to provide totheir respective uses an optimum water supply on demand at all times possiblebased upon the natural availability of watei. rne owners of the parcets agree tonot waste water and to endeavorio use no more than their respective shares ofthe available water' No individual water meters must be installed at this time. lfat any time after the date hereof, any owner requires that meters be installed,then all of the owners shalt install meters at the individual expensdof eachowner' Waste or over-use shall be deemed to be a material breach of thisagreement for which the non-defaulting parties may seek remedy at law or equityfor damages or for injunctive rerief, or both. Unress othenruise agreed by a1owners, no owner shall use more than one-third (1/3) of the *"t1, regJivallocated to the well. ln the event the water pnysicaliy available from the well isless than the legally available amount, then each o*n", shall proportionatelyreduce the consumption of same to one-third (1/3) the amount actually available.
4. The actuar and continuing costs of operation, maintenance,construction, extension, upgrading, creining, repa'iring ano ail other workrequired on shared components of this watJi ry.i", io cause the water at thewell to become and remain available to deliver water to the parcel owners shaltbe shared by the Parcel o.wners in proportion to their share in the well. Thisagreement shall relate only to costs incurred after the date hereof. Nothing inthis Declaration shalt require reimbursement by any owner to any other person or
owner for any costs incurred prior to the date hereof, and Declarants shall notreceive reimbursement for the construction and installation of the well. Electricatcharges of the operation of the welt shall be shared equally, or in the eventmeters are installed, in proportion to the water utilized by each owner. in theevent the electric service to the well is not separately metered, the cost of theelectric service shail be estimated, based upon the power demand the we1service adds to the service of the owner paying a public utility for the electricservice' No operational costs will be cnargeo io rny owner until such owneractually makes a physical connection to thl welt and begins using water fromSame. i
5. Subject to the provisions in paragraph 4 above, any owner whohas been using water from this system and at iny time etects not to share incosts, necessary repairs, maintenance, reptacement and the like necessary tomaintain the water well and deliver the subject water, shall not receive waterfrom the system. At such time as said electing o*r", chooses to resume use ofwater from the system said owner may do so ipo, reimbursement to the otherusers the full cost of said owner's shaie of such expenditures with legal interestretroactive to the expenditure date.
6' The Parcel owners shall cooperate in the maintenance, operation,repair, replacement or improvement of all common facilities. ln the event of theowners are unable to agree on any required maintenance, repair, replacement orimprovement, any owner shall be entitled to undertake the minimal maintenance,repair, replacement or improvement necessary and essential for properfunctioning of the common facilities. ln the event an owner determines toundertake such work unilaterally, such owner shall notify the other owners inwriting. The owner undertaking the work shall, upon completion, provide theother owners with a written staiement of work performed and the other owner,sproportionate share of the cost of same. ln the event the other oWhers fail to payany amount due within thirty (30) days after presentment, the owner which haspaid such cost and expense shall be entitled'to pursue any remedy available atlaw or in equity for a breach. The court, at its dlscretion, may award to theprevailing party court costs and attorney,s fees incurred.
7 ' The owners of each of the Parcels shall be deemed to grant by thisDeclaration such permanent, non-exclusive easements across their propery asnecessary and sufficient for this agreement to be performed for the benefit ofeach of the owners as users of the shared pump and common pipeline ortreatment system, and structures.
8' Nothing in the Dectaration shatl by itself be construed as a transferof any water right or appropriation of waters heietofore acquired or owned by anyowner. No owner shall interfere at any time with the proper use by any otherParcel owner of its interest in any water structure. The parcel owners shall
indemnify and hold harmless other Parcel owners and users from any loss or
damage or injury caused by the acts of said indemnifying party.
L The term hereof shall be perpetual
10. This Declaration shall be binding upon and inure to the benefit of
the lot owners, and their assignees or successors, and the easements and
covenants in this Declaration shall be deemed to run with the land and shall
encumber the land of each owner for the benefit of the properties of the parcel
owners as described herein.
11. The laws of the state of Colorado shall govern the validity, effect
and construction of this Agreement.
12. All'provisions of this Declaration, including all benefits and burdens,
shall run with the respective parcels subject hereto and shall be binding upon
and shall inure to the benefit of the heirs, assigns, successors and perional
representative of the Declarants, subject to the provisions hereof.
lN WITNESS WHEREOF, the Declarants have executed this Declaration
as of the day and year first above set forth.
RICHARD C.EY MARY J
STATE OF COLORADO )
)ss.
couNTY OF GARFTELD )
The foregoing
day bf Ji.ne -
,
instrument was acknowledged before me on this
1997, by RICHARD C. JOLLEY and MARy JOLLEY
Witness my hand and official seal
My commission expires
My Conmlsslm qtlre
Jme 07, 2O0O
v P
OF c
DENEEN
HOI.IEY
Notary Public
fpR r s rszo
hnJ-2569 STATE OF COLORADO
DIVISION OF WATER RESOURCES
OFFICE OF THE STATE ENGINEER
Registered_MAP AND STATEMENT FOR WATER WELL FILI NG
PERMTT N c)
STATE OF COLORADO
COUNTY
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CCt0fi/tD0
ErAIE EfiCIf{E!
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TION 1,J
CJ Z,
WELL
SS
Know all men by these presents That the undersigned
claimant(s), whose a sst
Ci , states
Claimant(s) is (are) the owner(s)of the welldescr:ibed hereon; the
total number of acres of land irrigated from this well is-;
work was commenced on this wel I by actual construction (\n ,<J
day of ./n19 (z 7;
T P.M
INDICATE WELL LOCATION ON DIAGRAM
NORTH
SOUTH
WELL SHALL BE LOCATED WITH REFERENCE TO
GOVERNMENT SURVEY CORNERS OR MONUMENTS,
OR SECTION LINES BY DISTANCE AND EEARING.
ft. from- section line.
(North or South)
ft. from_section line.
(East or West)
Ground Water Basin_
Water Management
District
Domestic wells may be lrcated by the fol lowing:
.g's R.?L
sec
FU)tl-
=
the yield from . said. wel I is ). for
which claim is hereby made purposes;
that the average annual amount of water to be diverted is
-acre-feetj
and that the aforementioned
statements are made and this map and statement are filed in
compliance with the law.
X
C la irnant(s)
Subscribed before me on this day of
4
'to, tv-.
My commission expires
Notary Public
Date Compl
Static Water Leve
WELL DATA
4 LOT-, BLOCK-
rotal Depth fz SUBDIVISION
FILING H
ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON THIS
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I FORM TO BE MADE OUT IN OUADRUPLICATE: WHITE FORM MUST BE AN ORIGINAL COPY ON BOTH SIDES AND SIGNED.
WHITE copv & GREEN copv must be filed with the State Enqineer within 30 davs after wel I is comnleted: plNK conv
THE FOLLOWING TI./O FIGURE S ARE MAXIMUHS AND
CANNOT BE EXCEEDED IN FINAL USE
MAXIMUM PUMPING RATE GPM
AVERAGE ANNUAL AHOUNT OF GROUND WATER TO
BE APPROPRIATED Ac re- Fee t
APPLICATION APPROVED:
vALrD FoR oNE (l) YEAR AFTER DATE TSSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE I SSU I NG AGENCY
pERr.irr No. 39861 coNDrlSNAL /7
DATE I SSUED Nov 2 51969
STATE ENG I NE or I RMAN GROUND
WATER COMM I SS I ON
By
F;t I I,- t)
;r \ t;p1p1g
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Recorded at 8:'1O A.M.
Rec.# 258974ElIa Stephens rRecorder.
IN TIIS DTI;TRICT COURT IN AIID 1IOR
VJATER DIVISION NO. 5
S'IATE: OI,' COI,oI]ADO
July 2 | L97,lI nrlrl t,r I Book 445
Pase 47o
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RECEIVEDJUL I I 1973
cAsE No. !,/- 666-
IN TllE YrA'flBR Of THB
APPLICATICN TOR
WATER RIGTIIS OF RlChATd C.
Jotley & Ifurlel T. JotleY
rN THE Colorado
RIVER OR ITS TRIBUTARIES
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And the Referee having made
by Article 21 of ChaPter 148, C'R'S'
mlke the fol1owin6 ruling' to wit:
TRIBUTARY INVOLVED:Elk Creek
IN Garf leld COUI'ITY
5. The
5. Tne
/. The
8. ttre
!. The
10. fhe
tvrt(?3
RULING OI' THE RNIEREE
ABS UTE DECREE TOR
GRO I./ATBR RI G}iTS
the investigations required
tgStt as amended does herebY
to the Water Referee ofThis aPPlication was referred
Water Division N;: , on the Jggh daY of , tg?L.v
1. Narne of Applicant Richard C' Jolley & Mrrlel T' Jolley
laarell New Castle, Colorado 8L647
2. The nume of the structure ie Jolley !'lell NO. 1'
J. The Legal descripti-on of the-structure is; the well Is ln Ehe
"lwtsnt";";i;;"ri; f.5 sor R, 91 w:,.6th P'11' at a polnt
whencg the Center of said-sectlon 25 bears N. 57o 04r W.
a dlstance of 965.25 feet.
4. The depth of the well is 32 feet'
date of initiation of appropriation is November 28 ' 1969 '
amount of water claimed is 0'033 cublc foof Per second
of time.
use of the water is domestlc.
State Dngineerrs number is 39861'
Priority date is November 28, L969'
date of the applicaLion wasMay 25, 7972'
ltistherulingoftheRcfereethatthestatementsinthe
application are true and tt,ot tt o ir,bove described water right is
approved and grantcd thc indicated priority; subject' howevert to
ai1 earlier priority rights of others'
It io accordini'11y ordercrt that thio ruling shaI1.b:":o'
effectivc upon filing wiln-the Water Clerk, subject to Judicj'al review
as provided bY 1aw.
Donc at thc City of Glcnwo-od Springs' Colorado this
29Eh day of S:ptember , l-9? 2 '
,/l
it r)r ii(l i'e'rCL'
No Protest ras f l1ed ln t'hi s mattcr
The foreqctnB rullnn ls eonflrmod
nni nPPtoved, and ls nrade the
i"a*r'.rt and Decroo of thls court'
i{atcr Divisio:r No.5
Sllrfc of Colorado
Dated t
Wn or Jud8o
5'-.r l5-
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Island Township Plat
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