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HomeMy WebLinkAbout1.0 Application•F1[LD C' LC2.`- O ilp PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as arn2nded, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned E UJ `SY v-Ul a O \o respectfully petitioners the I Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of 41 acre tract of 1 and into 1i- tracts of approximately 2.,:b acres each, more or less, from the difinitions of „ subdivision" and "subdivided land" as the terms are 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: 1.9'wk.) 0\k/A-e. Cc LA 11/411-- 42, %-,k L`-L- T�vE 1 ry C% In support of this petition, the petitioner also submits the following: ,k heap drawn to scale showing proposed lot subdivision and access. ,g. Copy -of deed 4 Vicinity map �! Statement on source of domestic water /F -.Statement on method of sewage disposal T 100 year floodplain information where live stream crosses or adjoins said tract Evidence of the soil types /le Copy of Assessor's map showing the property _-I- Practical description of property location J. Fee in the amount of $ K. $200.00 fee for each new lot createdof �►� Submitted at Glenwood Springs, Colorado, this fit__tda y \� vo Petitioner b bb Nailing Ad.ress e — -�- )-- Telephone Number 198 I • 9Z19 tt)-e42ij7 A ..erazti d /i • LEWIS E. HOY 111 HOY CONSTRUCTORS BOX 412 SILT • COLORADO • 81652 Water system: Well to be drilled for household use only. Sewage system: Individual septic system. Water and sewer systems to be installed as per county specifications. 303•876.2248 %/OE. ' %... '"e. ° ,11414. 4:- 30 40e4.',0•0",Arlegmar' " 4.. ' • " • • Map Unit No. X1OD Part A SOIL CHARACTERISTICS Depth to bedrock :More than 60 inches Texture Surface' : Loam Subsoil : Clay loam Substratum . Loam Unified Classification : ML, CL Permeability : Moderate Percent coarse fragments : 0 (greater that 3 inches) Salinity (ECx10 @ 25°C) pH (surface) : 6.6 to 7.8 Shrink -swell Potential : Moderate Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group B Corrosivity Steel (uncoated) : High Concrete : Moderate DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields : M Slope Sewage Lagoons . S Slope Sanitary Landfill Trench . 0 Area . 0 Shallow Excavations . 0 Dwellings w/basements : M Low strength w/O basements . M Low strength Local Roads & Streets . M Low strength SUITABILITY AS A SOURCE OF... Daily Cover for Landfill .• Good Roadfill : Fair Low strength Sand : Unsuited Gravel : Unsuited Topsoil : Fair, small stones k .SI SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION Map Unit No.X10D Part B SOIL CHARACTERISTICS Depth to bedrock Texture Surface - Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thar3 3 inches) Salinity (ECx10 @ 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete : More than 60 inches Stony loam Gravelly sandy loam Very gravelly fine sandy loam GM, SM LL, Moderately rapid 0 to 25 7.4 to 8.L Low Low None . B High Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/O basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil 0 S M M J 0 0 0 Slope, seepage Seepage Seepage Small stones • Poor Small stones • Good Poor Poor Poor Small stones, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • This land 'r, e consists of very shallow to moderately triter::, well drained soils occupying moderate. y steep, to very steep mountain side slopes at elevations of 4500 to 9500 feet. It formed in- -parent materials ranging from shale and san 'stone to mixed .ed al_uvium. The mean annual precipitation and air temperature will vary with elevation. Included in this unit are areas covered by various sizes of rock to 90;0) and areas of rock outcrop Vegetation is sparse and. varies from oak, pinyon eine, species o _eer, and service berry. Permeability is rapid with moderate water holding capacity. Surface runoff is rapid and erosion hazard is moderate to severe. The lend use is watershed and native range. Developement should be excluded with grazing man:..ged to limit impact to selected areas. LCU: Vli c Map Unit No. • SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum Unified/AASHO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) . Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Road fill OTHER SOIL FEATURES "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE pMVESTICATTON, !4ap Unit No. A'I SOIL CHARACTERISTICS F luvents, nearly level doop to bedrock Texture textures and depth highly variably and Surface stratified Subsoil ,' SLbstratum Unified Classification Permeability, (below 2 feet) • Percent coarse fragments •• (gravel, cobble, stone) Salinity (Ec.103 @ 25°C) Shrink -swell Potential Potential frost -action (surface) :Frequent food Hazard Hydrologic Group : :High orrosivity Steel H Concrete :Lloderate to High DEGREE & KIND OF LIMITATIONS Sia Severe) (0 is Slight, M is Moderate, Septic Tank Absorption Fields Severe Limitations for all stated Sewage Lagoons Sanitary Landfill Trench Area _Shallow Excavations Dwellings w/basemento w/o bacemer13 ITABILITY AS A SOURCE OF... Topsoil Sand Gravel Roadfill : May be good source of sand and gravel SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. • Unit No. 30B 00IL CHARACTERISTICS. Depth to bedrock = More than 60 inches Texture Surface • Loam Subsoil : Sandy clay loam to clay loam Substratum . Gravelly sandy clay loam, gravelly sandy Unified Classification : CL -ML SM -SC, SC, GM, GM -GC loam Permeability . Moderate Percent coarse fragments - 0 (greater tha 3 inches) Salinity (ECx10 @ 25°C) • 6.6-7.3 pH (surface) Low Shrink -swell Potential _ Low Potential frost -action (surface) : Lone Flood Hazard : B Hydrologic Group Moderate Corrosivity Steel (uncoated) Low Concrete t DECME& KIND OF LIMITATIONS •(0 is Slight, M is Moderate, S is Severe) Sept ic Tank Absorption Fields M Peres slowly • M Small stones, seepage, slope =:',ew g e Lagoons Sanitary Landfill Trench Area • 0 - 0 Sha1i w Excavations S Cutbanks cave, small stones w/basements 0 Dwelling.. w/O basements 0 Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Fair, small stones Roadfill Fair, low strength Sand : Unsuited Poor, excess fines Gravel ' Fair, small stones Topsoil : SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION 0 Map Unit No. 10B SOIL CHARACTERISTICS Depth to bedrock Texture Loam Surface Clay loam Subsoil Loam Substratum • LLS OL Unified Classification Moderate Permeability 0 Percent coarse fragments (greater than 3 inches) Salinity (ECx10 @ 25°C) 6.6 to 7.8 pH (surface) Moderate Shrink -swell Potential Lo Potential frost -action (surface) w Lowe Flood Hazard •• B Hydrologic Group • High Corrosivity Steel (uncoated) Moderate Concrete : More than 60 inches DEGREE & KIND OF LIMITATIONS is Severe) (0 is Slight, M is Moderate, Septic Tank Absorption Fields 0 M Slope, seepage Sewage Lagoons Landfill Trench 0 Sanitary Area 0 Shallow Excavations 0 llings w/basements : M Low strength WO basements M Low strength Local Roads & Streets : M Low strength SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Good Fair Low strength Roadfill Unsuited Sand Unsuited Gravel Fair Small stones Topsoil SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 91601 • 2014 BLAKE AVENUE July 26, 1982 Lewis and Emma Hoy 4666 County Road 311 New Castle, CO 81647 PHONE 94S -B212 Dear Mr. and Mrs. Hoy: I have enclosed the staff letter referring your project to the Division of Water Resources regarding a new, additional well permit, and their response to us. I thought you might like to respond to this or contact them regarding the clarification they need. The staff comments and recommendation will be mailed to you under separate cover. If you have any questions, please give me a call. Sincerely, Terry L. Bowman Planner TLB:lw Enclosure RICHARD D. LAMM Governor • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 July 22, 1982 Ms. Terry L. Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Hoy Exemption Dear Ms. Bowman: JERIS A. DANIELSON State Engineer rash a4.,fi.a, 4+I, / iil111 n48 We have received the above referenced proposal to split 47 acres into two tracts. A sketch submitted with the proposal indicates there is an existing house and well. Our records indicate well permit number 105982 was issued as the only well on this tract. The permit expired May 1, 1981 and we have no record of this well having been constructed. We wonder whether the well shown on the sketch existed prior to the issuance of the above referenced permit or whether permit number 105982 was constructed and we were not notified. We cannot recommend approval since we cannot fully evaluate the availability of an additional well from the information presented. If permit number 105982 was indeed constructed, then the permit conditions would prohibit an additional well. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Rich Bell GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO B1601 2014 BLAKE AVENUE July 15, 1982 Lewis and Emma Hoy 4666 County Road 311 New Castle, CO 81647 Dear Mr. and Mrs. Hoy: PHONE 945-8212 I am writing to inform you that your exemption application has been scheduled with the County Commissioners on August 3, 1982 at 11:45 A.M. If you have any questions, please contact me at this office. Sincerely, Terry L. Bowman Planner TLB:lw • GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 PHONE 945-8212 2014 BLAKE AVENUE July 15, 1982 George Van Slyke Division of Water Resources 1313 Sherman Street -Room 818 Denver, CO 80203 RE: Hoy Senate Bill 35 Exemption Dear Mr. Van Slyke: Enclosed is an exemption request. This request is for individual household well on the new lot. I would like to know if this type of well permit can be issued in this area. The exemption has been scheduled with the County Commissioners on August 3, 1982. This office would like your comments by that date. Thank you for your attention to this matter. Sincerely, rr Terry L. Bowman Planner TLB: lw Enclosure VARJ•5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOUS 818 Cen#ial Bldg., 1313 Sherman St., Denver, Colora0203 ' PERMIT APPLICATION FORM (x) A PERMIT TO USE GROUND WATER (A) A PERMIT TO CONSTRUCT A WELL FOR: (X() A PERMIT TO INSTALL A PUMP (1) APPLICANT - mailing address ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO RECE(VEj APR 1 6 1979 DATER RESOURCES TATE ENGINEER Cola NAMELLGJ/ j 1O/ STREET iu 6 `-tjuS1,7Zr /.13 37/ Q) z,, ? / 6 4 7 (State) (Zip) 76 —zz4t3 TELEPHONE NO. (2) LOCATION OF PROPOSED WELL County CPW P/ S> L'►: '/ of the S Twp. Rng. N.S) '/, Section ) -1 (Jj , %� P.M. IE.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground to be appropriated (acre-feet): water Number of acres to be irrigated: Proposed total depth (feet): t3( j LaC) Aquifer ground water is to be obtained from: �C -Q ,Cl` AJ6 0.-Selwo acv Owner's well designation GROUND WATER TO BE USED FOR: l y lick& --,T: 4804(C --- HOUSEHOLD USE ONLY - no DOMESTIC (1) LIVESTOCK (2) ) COMMERCIAL (4) irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ANA t2 QL LL-- S a k LA S E -- Street Street u,d X - 7 City (State) (Zip) Telephone No. 8'76 ):7/ Lic. No. 1 ° 9-17 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No )6,S 3 S / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water right. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3) (b) (II) AS THE ONLY KT.', ON A TRACT OF 35 ACRES OR MORE DESICNATED AS 5? / ACRES IN S« ,' , S�� , /9, r, 6 .5. ,4,4 A) • 4-6/ til ,, APPROVED FOR DOMESTIC USE, INCLUDING THE IRRIGATION OF NOT OVER ONJ ACRE OF 110141 GARDENS AND LAWNS. APPLICATION APPROVED PERMIT NUMBER 10 98? SAY 0 19/9 DATE ISSUED EXPIRATIONTE MAY 01 1981 • BY 2/5 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will bo used must pdicated on the diagram below. Use the CENTER SECTION (1 recti 640 acres) for the well location. - + - -1- - -+ - -1- — -{- — -1- — -I- !•4 1 MILE, 5280 FEET --}I + + + + --I-- + -I- I I J 0 t- 0 w N to w NORTH SECTION LINE I 1 - -1-- - 1 I - - +- - - 3 I 1 UTH SECTION LINE m t/1 m O m 4- — (6) THE WELL MUST BE LOCATED BELOW by dilices from section lines. ft. from -SOC./7W sec. line (north or south) _70 0' ft from (l'i'd,$7 sec. line (east or west) LOT BLOCK FILING w SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner' L%-UJ,,S E', 140 y No. of acres 5 2-- Will this be the only well on this tract? /ff S The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (8) PROPOSED CASING PROGRAM ,' Plain Casing " in. from ® ft. to f ft in from Perforated casing ft to ft in from q ft to /6719)ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): S L, V ° y j� )� No. of acres•. Legal description: I(�P /Q'1) n ( ,S '2 `SW .? SL-', ,(9 nu') 6 _ , i4/0G-6-cf ( Ej I 4 /J (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. TN .L C'>, I‘1 t—�.sI' 1 N d D (5.4 tI.— S. tiS-17-6 AL -t. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. t ' 3/(11 Type or right�Used for (purpose) 1 )1 t7 / ( 1 1 I l 6 �/' /?. / C t ; 7 / (1 4..)/1 a l' '. t //.!) Co p f{ .,_ 1t r, P 41260.% F-AiT OF -tAx--- I, ac r1 r Cf ere ,7, (13) THE APPLICANT(S) STATE(S), THAT.THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF S KNOWLEDGE. Description of land on which used SIGNATURE OF APPLICANT(S1 Use additional sheets of paper if more space is required. • PART 6 APPLICATION OF ARTICLE 37-92-601. Disposition of pending proceedings - showings of reasonable diligence.-- All proceedings pending on June 7, 1969, for the adjudication of water rights, for a change of water rights, or for the disposition of other matters which are of the type to be handled by proceedings provided for in this article shall be con- cluded by June 1, 1972, in accordance with the provisions of the statute under which they are instituted, and priorities and changes of water rights which are determined in such pending proceedings shall be integrated by the various division engineers in their current records and shall be included in tabulations prepared by the division engineers pursuant to the provisions of this article. Any such proceedings which are not concluded by June 1, 1972, shall be heard from that time on to completion by the water judge for the division in which the proceedings are pending, under pro- cedures provided for in this article; except that the chief justice of the supreme court may provide that a judge, other than the water judge, shall complete proceedings in specific cases. Persons who have filed statements of claim in such pending proceedings may withdraw therefrom at any time and file applications or otherwise proceed in accordance with this article. Showings of reasonable diligence under existing conditional decrees or conditional decrees entered in such pending proceedings shall be made in accordance with the provisions of this article in the year 1972 and every fourth year thereafter in even -numbered years, but the time shall be tolled during any period in which the water judge finds the applicant was prevented from filing by reason of conditions beyond his control. Applications for quadrennial findings of reasonable diligence shall be filed with the water clerk pursuant to section 37-92-302 (1) not later than June 1 of each such years. When and if a conditional water right awarded in any such conditional decree becomes a water right pursuant to the procedures in this article, the priority awarded such water right shall be the same as if the proceedings in which the conditional decree was entered had re- mained open until the final determination with respect to such water right. 37-92-602. Exemptions - presumptions. -- (1) The provisions of this article, except for sections 37-92-201 and 37-92-202, shall not be applicable to: (a) Designated ground water basins as defined and establish- ed by article 90 of this title; (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one acre of home gardens and lawns, but not used for more than three single-family dwellings; (c) Wells not exceeding fifteen gallons per minute of production and used for drinking and sanitary facilities in indiv- idual commercial businesses; I-246 • (d) Wells to be used exclusively for fire -fighting purposes if said wells are capped, locked, and available for use only in fighting fires; and (04. Wells not exceeding fifty gall.nns per minute which are in production'as of May 22, 1971, and were and are used for ordin- ary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one acre of gardens and lawns. (2) With respect to applications filed prior to May 8, 1972, the state engineer shall issue a permit for the construction of wells specified in subsection (1) of this section without regard to the provisions of section 37-90-137 (2) and (3) upon submission of an application which shall be accompanied by a fee of five dollars. It is the legislative intent that the exemption in sub- section (1) of this section is for an applicant to obtain a water supply for his own use. (3) (a) Wells of the type described in paragraphs (b) to (d) of subsection (1) of this section may be constructed only upon the issuance of a permit in accordance with the provisions of this subsection (3). A person desiring to use such a well shall submit an application for a permit accompanied by a fee of five dollars for an application under paragraph (c) of this subsection (3) and a fee of twenty-five dollars for an application under paragraph (b) of this subsection (3). (b) (I) With respect to applications filed on and after May 8, 1972, the state engineer shall first make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights of others or any other existing well, subject to the provisions of subparagraph (II) of this paragraph (b). If the state engineer finds that the vested water rights of others or any other existing well will,beA ter- idaly injured, he shall deny the permit. Otherwise, the permit shall be issued, and it shall set forth such conditions for drilling, casing, equipping, and using the well as are reasonably necessary to prevent waste, pollution, or material injury to exist- ing rights. The state engineer shall endorse upon the application the date of its receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office, so indexed as to be useful in determining the extent of the uses made from various ground water sources. (II) If a permit is sought.by a user for a well ,exempted -under paragraph (b) of subsection (1) of this section which will be the only well on a residential site, which well will be used solely for household purposes in a single-family dwelling not including irrigation or will be the only well on a tract of land oth:ixty-five.acres or more and will be used solely for the purposes specified in paragraph (b) of subsection (1) of this section, and the return flow from such uses—shall-be returned to the same , stream^system in which the well is located, there shall be"a pre- sumption that there will not be material injury to the vested water I-247 • }tee('rded at o'clock 7 M., AU de I 98 (� RECORDER'S STA Y.11) THIS DF:ED, Mxde thim 6th dory of August i:1,81 ,bt•twt•e•n LEWIS E. HOY and EMMA JO HOY .,f the County of GARFIELD Colorado, of the first part, and LEWIS E. HOY and EMMA JO HOY and State of boot( 5'78 NIA 737 \U G 6 1981` whose legal address is P. O. Box 412, Silt, Colorado 81652 (4666 311 Road, Silt, Colorado 81652) of the County of GARFIELD and State of Colorado, of the second part: WITNESSETH, that the said part les of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration DOLLARS, to the said part iesof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed rod acknowledged, have granted, bargained, sold and conveyed, and by these prevents du yrant, btu rain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and beim; in the County of GARFIELD and State of Colorado, to wit: SEE ATTACHED EXHIBIT "A" also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anyv.i... appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part IES of the first part. either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances. TO 11AVE AN1) T(1 11OLI) the said premises above bargained and described, with the appurtenances, unto the sand parties of the second part, their heirs and assigns forever. And the said partieS of the first part, for them solves theirlieirs, executors, and administrators do covenant, grant, bargain and agree to and with he said partle, of the second port, their heirs and assigns, that at the time of the ensenhng and delivery of these presents are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargliin, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former irnl other grants, Barg::ins, sales, liens, tuxes, assessment and encumbrances of whatever kind or nat are soever. and the above bargained premises in the quiet and peaceable possession of the said parties of t he second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WiTNESS WHEREOF the said partieS of the f/rst parte 1?(ereunto set our hand S f /I _ (SEA 1.1 LEWIS E. HOY seal S the day and year first above written. Signed, Sealed :Ind Delivered in the Presence of STATE OF COLORADO Cvonty of G.A.F"�LD ..nd The fore -ruing last rum.-nt was acknowledged befur.• me this >I>t air Lewis E. Boy and Emma Jo Hoy N epsw(wsas..•n expire,. July 21 .19 82.Wanes' '4.. ♦:1 in % b ► I t. ,• Hve1 T....4• 6th !SEA LI (.EAL1 ,.• 103 Q %, Augpskt, .•►•..->y. OtiOnd lx; .•d'r1 ►M.w►.� [11x1 M.., I., A A. .G.,IJ.•.(PI.4oI— 11011 •r, IM.44—Y■t• • EXHIBIT "A" Hunk 578 r E738 A portion of the S 1/2 SW 1/4 Section 19, Township 6 South, Raa 91 West of the Sixth Principal Meridian, more particulary described as follows: Commencing at a brass cap properly marked and found in place for the Southwest Corner of said Section 19, the True Point of Beginning; Thence North along the West line of said Section 19 and Westerly Range line of said Range 91, 1311.37 feet to the North line of said S 1/2 SW 1/4 Section 19; Thence along said North line N. 89°19'45" E. 1694.54 feet; Thence S. 03°26'08" E. 872.05 feet towards as existing fence corner; Thence S. 89°19'11" W. 500.00 feet; Thence S. 440.00 feet; Thence S. 89°19'11" W. 1246.81 feet to the True Point of Beginning. Said parcel of land containing 47 acres, more or less; Basis of Bearing being due North along the range line. Including a 25 foot road non-exclusive easement lying 12.5 feet either side of a centerline, more particularly described in that certain Deed recorded November 29, 1978 as reception number 290397, recorded in Book 519 at Page 598 and in that certain Deed recorded November 29, 1978 as reception number 290398, recorded in Book 519 at Page 600. Excepting those reservations and exception contained in the two above -reference Deeds. NORTH SOUTH 1311.37' T.OV 05£Z 1311.24' ON 1332JVd 0 0 0 1 T.6S. R.92W. 0 N SOUTH 440.00' Vr ,00'005 M„II ,61068S �'OVOS'£Z Z nN 13321Vd S. 03°26'08"E. 872.031 N m 01 Co %,,,\;) 'oy <2� 0 ® 0 a I nrrl n z O O rz V t 7 n • r0 ;o X O '-T; rt i -i O C :n •-•JO rDa. i rt rn C) r • ti rt 9 o rt r-" 7 M• rt r O..rt i '{ 0 rt D • !� 113 fp :'/'',: �'-' Fi �1 co • O -7 •n £ .r: H •A G� • t. £ 0 • ;c--..• C "' v,.z cn 0 1 pmt — i r- < rt ••...... r j n T. (S. R_9 1 W. z 0 0I m (.0 fo 1. O• z cn z -I50) —1 Fri XI 0 c N� r o Z n G) o m • w ii: rn cn O©Y2:3O Coo JrAI i SA4 /• 5/Z-7—> (.1 11- (4.). c. co RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 August 19, 1982 Ms. Terry L. Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Hoy Exemption Dear Ms. Bowman: JERIS A. DANIELSON State Engineer We have received additional information concerning the above referenced exemption proposal. The applicants now intend to share a well, rather than seeking a household use only permit for the proposed additional lot. Unfortunately, we cannot review this proposal until the facts concerning the existing well (if there is one) are clarified and our permit records for this well have been straightened out. Some of our concerns were related in our previous letter. If there are currently no wells or permits on the tract, then we would not review a proposal to share a well until the applicant obtained a permit. Sincerely, a D. Simp P.E. Assistant State Engineer HDS/KCK:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Rich Bell • 1110 GLEN'WOOD bPRINCUS, CCLOR.AOO 31601 2014 BLAKE_ AVENUE August 9, 1982 0eorge Van Slyke Division of Water Rccrrrces 1313 Sherman Street, Room 818 Denver, CO 80203 RE: Iioy Senate Bill 35 Exemption Dear Mr. Van Slyke: PHONE 94S-13212 Enclosed is an exemption request. This request is for shared use of domestic well #105982. I would like to know if this shared domestic system can he approved for this area. (This request was reviewed previously by your agency as a request for a new house- hold use only well. See attached letters of July.) This office would appreciate your comments by August 25, 1982. Thank you for your attention to this matter. Sincerely, Terry L. Bowman Planner TLB:lw Enclosure • • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING 945-8212 ENVIRONMENTAL HEALTH. 945-2339 ` BUILDING 945-8241 April 26, 1983 Lewis Hoy 4666 Road 311 New Castle, CO 81647 RE: Senate Bill 35 Exemption Dear Mr. Hoy, On December 20, 1983, the Board of County Commissioners gave tentative approval to your Senate Bill 35 Exemption. You had 120 days (until April 20, 1983) to submit your legal descriptions and meet all conditions of approval on the exemption. You now have until May 10, 1983 to submit this information or request a time extension in writing or the tentative approval on your exemption will be declared null and void. If you have any questions, please contact this office. TLB:lw 2014 BLAKE AVENUE Sincerely, (tZ Terry L. Bowman Planner GLENWOOD SPRINGS. COLORADO $1601 • GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-8212 December 3, 1982 Lewis and Emma Hoy 4666 County Road 311 New Castle, CO 81647 Dear Mr. and Mrs. Hoy: I am writing to inform you that your exemption application has been scheduled with the County Commissioners on December 20, 1982 at 8:45 A.M. If you have any questions, please contact me at this office. Sincerely, Terry L. Bowman Planner TLB:lw T-yPE OR PRINT IN BLACK INK COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. • • . COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,: 1313 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OFp -•-4:1 E L P SS. AFFIDAVIT - • r. V STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER iqst i 5 `\(8) LOCATION OF WELL THE AFFIANT(S) L Ek—A-1 1 5 OY co.,„, �4.RT- NE LS) ,'nose mailing( (_ � 3' \/•./ l` / 1Q address Is - 1 V t 6 \• '/. 01 the S�jv`v 'A, Sectoonn ` 1 City IQ e j CAST i^:e; CVS � f 6 4-7 Twp. V NOR J51 Rng. 1 (UJ V P M 17T..TE) IIP) lE CF WI being duly sworn upon oath, deposes and says that he (they) is (are) the owner( s) of the well described hereon; the well is located as described above, at distances of JCC) feet from the SOV�� section line and --lDO feet from the INOFT$. 0a 30U7H) L%St`JT section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the if.-. ow AE '_ day of Sr 2` , 191 I ; the maximum sustained pumping rate of the well is , S gallons per minute, the pumping rate claimed hereby is \ S gallons per minute; the total depth of the well is ( feet; the average annual amount of water to be diverted is ' i3 acre-feet; for which claim is hereby mode for "Z0 tkA t ST r C- purrpose(s); the legal description of the land on which the water from this well is used is /U J of which SS !res are irrigated and which is tttillustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (ha read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) Signoture(.$) Sub sc'r ibed.'ond s otn 4-4 Poi I , •19 to kiefore me.on this day of -23 79: M• Ornmi sort expires:`, t • �'•O PY U SIC . ACCEPTED FO`R,F.ILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: NOV 1 6 1982 DAT E t..u� Assistant STATE ENGINEER st • Well drilled by 1 LA— v Permonent Pump installed by Sc -1�0 r FZ Lic. No. Meier Serial No. ❑ Flow Meter Date Installed tiD Owner of land on which water is being used C F Lic. No. ILZ / THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. NORTH I _ + — I + - I -I-- I + — I -1- — I + _ + — + — + NORTH SECTION + LIOE + — - + L — J o I f — + -- _ -I- � rn + -'1A--'' N mz n + - r -- -ION LINE EAST SECT _ - + X { _ + I — + SOUTH SECTION — + LINE 1 + — + — + — THE + SCALE OF THE — + DIAGRAM IS — + ---1� M TWO INCHES — .+ i l e1 EDUALS ONE -MILE — + — + — WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). 1 acre-foot . .. 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) MUM 1 t381 WARE ANI) 30" — // 1379 • 1J 'O -v 0 D LOWER i' �1 _/ GAGTUS r.l .kST�or, v ALLEY 0j1 61 FII 'l fll---.--- 1 I2;I .? 1377 '�, t376 5 r F • fl / 11,1 / v1 , 07°37'30” `;2 275 p• A Mapped, edited, and published by the Geological Survey Control by USGS and USC&GS MW GN / I / 144• 1.38' 2SR M!L5 29 MILS �i I,I Topography by photogrammetric methods from aerial photographs taken 1960 Field checked 1962 Polyconic projection 1927 North American datum 10,000 -foot grid based on Colorado coordinate system, central zona 1000 -meter Universal Transverse Mercator grid ticks. zone 13, shown in blue Fine rerl ^ • . ' '—';rate selected fence and field lines UTM '4' 277 �Y1 14100(1011[1 GRID AND 1962 MAGNETIC NORTH SPrIng :To oY \11\ \� 35' 218 279 7 1054) 0 EOCG tom_ 2 -- PART OF ' W; SEG. I1) T.6S.,P 91ti,1 • • PROJECT INFORMATION AND STAFF COMMENTS PROJECT NAME: Senate Bill 35 Exemption APPLICANT: Lewis and Emma Hoy LOCATION: 5 miles south cf Silt on County Road 311. (Divide Creek Road) - See map, pages 9 & 10. PURPOSE: To split a 47 acre tract into 2 parcels of 231/2 acres each. QUALIFICATION: To convey one parcel to a daughter ZONING: A/R/RD WATER: Applicant has proposed to serve the new parcel with existing domestic well permit #105982 which now serves the existing house. SEWER: New individual septic for the new parcel. The remaining acreage would be served by the existing septic system. ACCESS: From County Road 311 COMPREHENSIVE PLAN: Districts C and D (Rural Areas with Minor and Moderate Environmental Constraints) I. STAFF COMMENTS: 1. Previous History: The Board of County Commissioners heard this proposal on August 3, 1982. Due to some questions regarding water service and also due to the question of whether further development should take place in the Divide Creek/Dry Hollow area, the Board of County Commissioners tabled this reauest at that date. The applicant has since clarified the water well situation with the Division of Water Resources and is now requesting a decision by the Board of County Commissioners. 2. This 47 acre parcel was one of many created in this general area without benefit of any county review. In the past, the Board of County Commissioners has expressed their concern over further splits of these parcels which did not receive County review specifically, those in this general area and specifically, any further splits attempted through the exemption process. 3. The Board should consider the impact to the Silt Bridge and the per lot assessments ($1000 for each new parcel) required by subdividers in the past. 4. Review Agency Comments - No comments at the time the agendas were mailed. II. RECOMMENDATION: If the Board of County Commissioners views this parcel as part of a larger existing development, then the applicant should proceed through the full subdivision process. If the Board of County Commissioners wishes to approve this exemption reauest, then the following items at a minimum need to be addressed: 1. The legal descriptions for each parcel should contain the following: a. Access easement to each parcel; b. Maintenance easement:to the well from each parcel; c. A minimum of 5 gpm of water to be conveyed to each parcel; 2. The applicant shall submit a $200.00 school assessment fee to the Planning Department prior to signing of the exemption resolution. 3. The applicant shall submit a $1000 Silt Bridge fee to the Planning Department prior to signing of the exemption resolution. If approved, the applicant has 120 days to submit all fees and legal descriptions and meet all conditions of the request. t Co. u #7-1 H / 3 //,•2.- . -o 00 •Cir H- 44_0.0(‘. :75 0-z_G'cs-E.".. 8 72. oe_7' co c8013r CountrY • O. Bo. 1G3 11031 8762222 Main Soh, Colo. 81652 • PARCEL NO. 1: A parcel of land situated in the SW4SW4 of Section 19, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying within 'the 'Westerly portion of a parcel of land described by Recep- tion No. 290397 as filed in the Garfield County, Colorado records, said Parcel No. 1 is more fully described as follows: Beginning at a point on the South line of said Section 19,'whence an Iron Pipe with a Brass Cap properly marked for the Southwest Corner of said Section 19 bears; S.89°19'11714. 780.60 feet; thence, S.89° 19'„11"W. along the South line of said Section 19, 780.60 feet to said corner;: thence NORTH along the West line of said Section 19, 1311.37 feet to the • Northwest corner of said swksw 4; thence N.89°19'45"E. 780,60 feet along the North line of said swksw ; thence SOUTH along a line parallel to said West line, 1311.24 feet to the point of beginning, containing 23.50 acres, more or less. Subject to and together with a 25 foot non-exclusive easement as described in Reception No. 290397 and No. 290398 in Book 519 on Pages 598 and 600 as filed in the Garfield County, Colorado records. .Also subject to andtogether with any and all easements and/or rights-of-way of record in the Garfield County, Colorado records, or as now may be constructed and in use upon and across the above described'parcel of'land. NOTE: The above described parcel of land was established from theadata described by Reception No. 290397 as filed in the Garfield County, Colorado records. The bearing source was established along the West line of said Section 19 as described above. March 18, 1983 Job No. 581772 (11s3f^ (;olinIJj/ K,• 1C:3 !To.) ;' 876 2222 C,,io II+. r52 PARCEL NO. 2: A' parcel of land' situated in the S2SWk of Sectionr 9,—Tldo nshi'p 6C South, Range 91 West of the Sixth Principal Mecof land described by lying within the Easterly potion of a parcel Reception No. 290397 as filed in the Garfield County, Colorado records, said Parcel No. 2 is more fully described as follows: Beginning at a point on the South line of said Section 19, whence an Iron Pipe with a Brass Cap properly marked for the Southwest Corner of said p thence NORTH along a Section 19 bears: S.89°19 11 W. 780.60 feet; 1311.24eNfeet,ato a line parallel to the West line of said Section 19, point on the North line bf said S1/2SW4; thence N.89°19'45"F..' 913.94nce feet along said North line; thence S.03°26'08"E. 872.05 feet; S.89°19'11"W. 500.00 feet; thence .SOUTH 440.00 feet to a point on the South line of said Section 19; thence S.89°19'11"W, along the cSoutining line of said Section 19, 466.21 feet. to the point of beginning, 23.50 acres, more or less., Subject to and together with a 25 foot non-exclusivee9 onasemen59asadesc00bed in Reception No. 290397 and No. 290398 in Book as filed in the Garfield County, Colorado records. Also subject to and together with any and all easements and/or rights-of-way r as of record in the Garfield C°andyacrossrado the aboveddesocribednparcel of land may be constructed and in use upon data NOTE: The above described rl 290397land aswas filedabn1thedGarfineldthe County, described by Reception No Colorado records. The asdescribed above ng source was established along the West. line of said Section March 18, 1983 Job No. 581772