The URL can be used to link to this page

Home My WebLink About1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970. www.garfield-county.com • RECEIVED MAY 1 0 2004 GARFIELD COUNTY 381D96 PLANNING Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: LJ` i F i2c/ /�(i C4 c7`/e. ➢ Legal Description of Parent Property: %`IAC" 1 3 a'es EJ/C e ➢ Size of Property (in acres) as of January 1, 1973: ➢ Current Size of Property to be Subdivided (in acres): ➢ Number of Tracts / Lots Created Including remainder of Parent Property: ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: / ¢ containing 2/' 72- o Lot #: oVi containing 14' 7-2 acres 34 D Q. acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres ➢ Property's Zone District: ➢ Name of Property Owner (Applicant): / i 5-rra-(5‘ ryee6 ty rr Ips ➢ Address: a`.6-- i U 1 J 6-4 /c U (L Telephone: ``/C s?7 3 7 sd Zip Code: ,2 `//73FAX:,'/ %%- ls�3r ➢ City: li2Cti4(l State: V4- ➢ Name of Owner's Representative, if any (Planner, Attorney): 5 A- ill ➢ Address: ➢ City: State: Zip Code: FAX: Telephone: STAFF USE ONLY Doc. No.: Date Submitted: TC Date: • • 1 1. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting ars Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additio al information to be submitted with this application: Provide a narrative explaining why exemption is being requested ,e Sketch map at a minimum scale of 1"=200' showing the I al description of the property, dimension, area, and le al cription of all proposed to or separate interests to be created, access to a public right -3 -way, and any proposed easements for drainage, irrigation, access or utilities. Y Vicinity map at 'a m , imum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.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) if other than the applicant. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. vidence of soil types and characteristics of each type located on the property. Provide proof of legal and adequate source of domestic water for each lot created. Method of sewage disposal. 9. rovide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. "6.If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. (--(7,--, . I shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. „. )4 A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee -with the application. . Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 • • II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and 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), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. 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. D. Provision has been made for an adequate source of water in terms of the legal and physicalquality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 • • 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. HI. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 • • Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) Tots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 0.4 S17 /0/0V ignature of bpp i towner) Date Last Revised: 11/15/2002 6 • . GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED C•NTY BUILDING AND PLANONIG DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing. $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 ■ Zone District map & text amendment $500 ■ PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 ■ Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1st page $10 each additional page Page 2 • • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature / Date: ////-70 Hi)/ Jru Print Name Mailing Address: 8.6' 3 '/ 4A) O 4- 0p` Page 4 October 4, 2004 Jim Hardcastle RE: Jenkins Subdivision Garfield County Road and Bridge Department After looking at this property, the land owner would have to provide an engineer's drawing showing how he can enter CR 245 with no more than a 2% landing area. The driveway would also have to drain so water does not enter CR 245. There would also have to be 385ft of sight distance in both directions. Currently there is a discrepancy on whether this road is county road or forest service road. Kraig should know by Wednesday afternoon. If you have any further, please direct them to Kraig directly. Wendy Mead Administrative Assistant Garfield County Road and Bridge P.O. Box 426 Rifle, CO 81650 Phone: 970-625-8601, Fax: 970-625-8627 05.10;04 MON 10:40 FAX 540 966 4733 VE Custom Homes • Va11Qi Buildczr6 Cu6tom filom¢� 1773.. or�.. , ._�....._. ._.. _, Timothy L. Jenks 863 Twin Oak brive, Trou#ville, VA,24175 Phone/Fax: (540)966-2534 Contract License # 2705072675A TO: Planning and Zoning County Commissioners SUBJECT: Request for exemption The reason that I am asking for this consideration of exemption is because this is an existing division created by right of way by public use that interferes with the continuous use of my property and will better be used as two parcels with public road frontage. Thank you for your consideration. Best regards, Timothy Jenks LJ 001 Form No. GWS -25 APPLICANT OFFICE OF TI -TATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 TIM JENKS 863 TWIN OAKS DRIVE TROUTVILLE, VA 24175- 1095 WELL PERMIT NUMBER 255360 DIV. 5 WD39 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: WEST ELK CREEK RANCHES APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 12 Township 4 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 3050 Ft. from South 1800 Ft. from East Section Line Section Line (540) 966-4950 PERMIT TO CONSTRUCT A WELL UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 37.7 acres described as lot 3, West Elk Creek Ranches division of land, Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-1923-121-00-087 NOTE: Assessor Tax Schedule Number: R040742 APPROVED DMW Receipt No. 9501766 State Engineer By DATE ISSUED 02-23-2004 EXPIRATION DATE 02-23-2006 Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 OWNER'S NOTICE OF CONSTRUCTED WELL was Construction of my well under Permit Noy . completed on - 4 .i•.%r' - � ",_: (Month) (day) . (year) - := The well wa,4_,. onstructed by: `.- + Y (drilling contractor) ,- • If the pumping equipment has been installed The pump -was installed in my well by: - • (pump contractor) on - -; _ _ - ,(month) •. day)_ (year)`:.. • - Signed: ,•- - -�, = ^ sem. ) "..1. , '*'-. Date: �;;P1 one: - - -_—.,.� Comments: • • Purpose of the "Owners Notice of Constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a "private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well will require that you show that the well was constructed by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that they are advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. Although submitting the notice is optional, it is very highly recommended that you do so. • • Form No. GWS -7 EXEMPT PERMIT INFORMATION SHEET 3/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of it's construction must be received by this office in the form of a Well Construction and Test report from the well construction contractor confirming that the well was constructed prior to expiration of the well permit. The well permit number is located in the upper right hand comer of the permit, and the expiration date is located in the lower right hand comer. The expiration date of the permit may be extended one year at a time at the discretion of the State Engineer for good cause shown. If an extension of time is necessary to construct the well, a written request for the extension of time must be received by this office, accompanied by a filing fee of $200, prior to the expiration date of the well permit. In the request, you must provide the well permit number, your name and mailing address and the reasons why the well has not been constructed and when it will be constructed. Water well construction and pump installation contractors are specifically licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and/or install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS -11 is used both by new owners to report ownership changes and current owners to report address changes. avequestions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 810 9th St. 2nd Floor Greeley, CO 80631 (970) 352-8712 Fax (970) 391-1816 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 (719) 542-3368 Fax (719) 544-0800 Division 3 422 4th St Alamosa, CO 81101 (719) 589-6683 Fax (719) 589-6685 Division 4 1871 East Main St. Montrose, CO 81402 (970) 249-6622 Fax (970) 249-8728 Division 5 Direct mail to Box 396 Glenwood Spgs CO 81602 50633 U.S. Hwy 6 & 24 Glenwood Spgs., CO 81601 (970) Fax945 8741 Call first Division 6 Direct mail to Box 773450 505 Anglers Dr. Suite 101 Steamboat Spgs, CO 80477 Fax ) 879-0272 (9 0) 879 1070 Division 7 701 Camino Del Rio Ste. 205 Durango, CO 81301 (970) 247-1845 Fax (970) 866 5417 Denver Office 1313 Sherman St. Rm. 818 Deriver, CO 80203 (303) 866-3581 Fax (303) 866-3589 • • WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install the pump yourself if the well is for your own use, is on property you own, and is constructed or pumping equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS -31 and/or the Pump Installation and Test Report, Form Number GWS -32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the wellconstruction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. The Water Well Construction Rules are available from Division of Water Resources offices for a fee of $5.00. The Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and include contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. RULE 12 WELL TESTING 12.1 General - The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10 % during the last hour of the test. The test shall demonstrate that either: a. the well is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate. 12.3 Responsibility for Well Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, form number GWS -9 must be submitted to confirm plugging and sealing of the well. This form is available from our offices. The general Rule for plugging and sealing wells is printed below. The specific rules are found on the reverse side of the Well Abandonment Report form. RULE 16 STANDARDS FOR PLUGGING AND SEALING WELLS AND WELL EXCAVATIONS 16.1 General - The plugging, sealing and abandonment of all wells, monitoring and observation wells, monitoring and observation holes and test holes that are no longer intended for use, and the plugging, sealing, and abandonment of dry holes, collapsed or unusable boreholes, and other incomplete wells or excavations is necessary to prevent contamination of ground water and the migration of water through the borehole. It is the ultimate responsibility of the well owner to have an existing well properly plugged, sealed and abandoned. The well construction contractor or authorized individual is responsible for notifying the well owner in writing of these plugging requirements. WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY (y(T/63 7 741 RECEIVED OCT 2 g 2000 WP, ri:R a2soW 00 51 ATFG1 E APPROVAL # GWS31-91-03 1. WELL PERMIT NUMBER 228086 2. Owner Name(s) : TRI TLL % A C. -Robinson Mailing Address : 1829 St Hwy 325 City, St. Zip : Rifle, Co. 81650 Phone (970) 625-3663 3. WELL LOCATIPN V DRILLED: SE 1/4 SE 114 Sec. 1 Twp. 04S Range 92W DISTANCES FROM SEC. LINES: 100 ft. from South Sec. line. and 420 ft. from West Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION tt. DRILLCN( METHOD Air Rotary DATE COMPLETED 09/20/00 TOTAL DEPTH 200 ft. DEPTH COMPLETED 200 ft. 5. GEOLOGIC LOG : 6_ HOLE DIAM. (inl FROM Me TO ret) bepth Type of Material (Size, Color, and Type) 9.0 0 40 000-028 Dirt, Rocks 6.5 w 40 200 028-200 Eagle Valley Formation 7. PLAIN CASING OD (in) Kind Weil Size 1 From (R) To (ft) 7.0 Steel 0.240 -1 40 v.5 PVC .250 30 150 PERF. CASING : Screen Slot Size : 5.5 PVC .250 150 200 WATER LOCATED : 150+ REMARKS : 5. i ter Material: Size : Interval • sack : t. `tacker ' laoement Type : Depth : 10. GROUTING RECORD : Msterisi Amount Donsib Intarvsr Pieremant cement 5 sks 16 gal 10-40 poured 11. DISINFECTION : Type : HTH . t. sed : 3 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 141 ft. Date/Time Measured : 09120/2000 Production Rate : 10 9pm. Pumping Level : Total ft. Date/Time Measured : 09/20/2000 Test Length : 2 hrs. Remarks : my;wladp.. (Punitive to 8action 24.4.1 G4 (19)(0eftg. the nntdna ed taka 'statements oormdea.e 13, i hew wad the made herein and waw the °entente thenal, owl Vial D sy an m» n mo perjury in ttw wend degree end M 111uaebede ee s eha$1 rni d.maner.) a (970 927-4182 CONTRACTOR : Shelton Drilling Corp.7 Phone Maili0g Addfeas _ P.O. Box 1059 Bal�1t : .. i Name / Title (Please Type or Print) Wayne Shelton / President Sig : -,,T (=��'7.7aft, Date 09/27/00 ORIGINAL FORM HO. cwsazCEIVED 10f94 - PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER For Office Use only & ,7 / 77 `( 1. WELL PERMIT NUMBER � 2�c� 76 FEB 0 2 2001 2. -Piz t 4 LLC OWNER NAME(S) 2,:,,o C Pc-nR t 1."0 dV WATRFiESOuncEs STATE y- 2.5 Mailing Address fg'2q S- . Nw3 cow City, St. Zip k.) Ftp a_ ••tI 6 5 p Phone (?i0 ) 6/6_ .3C AS DRILLED: E 1/4 .Sv 1/4, Sec. 1 Twp, 4 S , Range '2.- w . 3. WELL LOCATION DISTANCES FROM SEC. LANES: WO ft. from SUU'rH Sec. line. and 4-2.0 r ft. from We5T Sec. line. (norm or wan) (eeET or West) LOT BLOCK FILING(UNIT) SUBDIVISION: STREET ADDRESS AT WELL LOCATION: • DATA: Type 5U13 ►Wt i R CSC' Installation Completed /0//%0 . 4. PUMP C UL.f�S Pump Marl No. /01S 1-41 -2..,. . Pump Manufacturer at RPM 3450 HPVolts 2.30V Full Load Amps //_z Design GPM Ix, , ____/_.2.T2. , Depth !Lip' Feet, Drop/Column Pipe Size /" Inches, Kind ScR roti IWC.. Pump Intake ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: ❑ Electric ❑ Engine ■ Other . Design Head feet, Number of Stages , Shaft size inches, 5. OTHER EQUIPMENT: ❑ Yes No, Orifice Depth ft. . Monitor Tube Installed 0 Yes No, Depth ft. Airline Installed Mfg. Meter Serial Flow Meter Meter Readout ED Gallons, 1No. Thousand Gallons, [� Acre feet, Beginning Reading J 6. TEST DATA: ❑ Check box if Test data is submitted on upplemental Form. Date / dd Total Well Depth 200 i Time Static Level Q`--4" Rate (GPM) /OGPm- Measured i0 10 Pumping Lvl. Ilmito bur►tk-e Date Qc3 Type C�LUk°) Amt. Used J GA i- 7. DISINFECTION: 8. Water Quality analysis available. C] Yes 53 No 9. Remarks • 10. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] 67 /M!° UC6. Phone (970) 445-63O Lic. No. 1050 . -ON CONTRACTOR 54 t -S f5, Q, 6(1,kx97 C EUu]OOb SPf )u c.r5 cry . `ke!607, Mailing Address , Name/Title (Please type or print) PAWN) SAM vE2--5o>v p1-'--� . Signature �.-.--- Date /1/2S0 REPORT DATE MST 2004 sOLORADO WELL APPLICATIOI AND PERMITS COLORADO DIVISION OF WATE RESOURCES Receipt 9500465 Permit 231228 Div 5 Wd 39 Basin Md Engineer DMW User DMW { Full Name Uses TRI J LLC COMMERCIAL Address 0/0 AC ROBINSON 1829 STATE HWY 325 CityState Zip RILE CO 81650- Pump Rate Ann Amt Depth Telephone Proposed 15.00 0.33 0 (970)625-3663 Actual 10.00 0.00 200 Case Irrigated Area 0.00 Permit XRef 228086 Elevation 0 Well Name Perf Casing Top 150 County GARFIELD Perf Casing Bottom 200 Q10 Water Level 140 Q40 SE Aquiferl ALL UNNAMED AQUIFERS Q160 SE Aquifer2 Sec 1 Driller 1095 Ts 4 South Pump Installer 1050 Rng 92 West Statute Meter Log Quai AbReq Pm Sixth 6023 Yes No No No 1220 feet from South Section line Comment 400 feet from East Section line Exempt commercial well, only well on 39.4 ac Subdivision Filing Block Lot res. Limit use to drinking & sanitary facilit ies in a lodge (overnight -hut) for multiple u Parcel Size PIN se by cross country hikers, bikers, snow-mobilers & 39.40 23-1923-014-00-082 ,Main Activity 02-23-2001 Well permit issued. Interim Status 02-24-2001 Record change. A portion of the file was modified/corrected. Last Action 02-24-2001 Well permit issued. Permit Issued 02-23-2001 Permit Expires 02-23-2003 Expire Notice Sent Well Const Report 10-26-2000 Well Const Complete 09-20-2000 Well Report (Non-trib) Pump Install Report 02-02-2001 Pump Install Complete 10-10-2000 1st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged 07/12/04 MON 17:58 FAX 540 986 4733 VB Custom Homes 07/12/2094 14:47 9709457 A stewart •title of glenwood springs facsimile transmittal Date: _ Monday July 12, 22,Q4__ To: Kathy & Tim Jenks Fax Number: 540-266-2534 STEWART TITLE rAp IQ 001 PAGE 61/06 804 Colorado Avenue, 2itl Floor Glenwood Springs. Colorado 81601 Phone: 970-945.5434 Fax: 970-905.7081 Mike,woodwarcl@stewart.com From: Mike Woodward # of Pages (including this one): Comments: Please fid following ths_information you requested on Parcel 3. West Elk Creek Ranches. According to the plat of West Elk Creek Ranches, your parcel is situated in Section 12. Township 4 South. Rarig9 92 West. rh 1-1(1 (Lc' cA-SW:e Please feel free to contact me at the number or e-mail address listed above should you have any questions or concerns. Thank you and enjoy your day!!! Y RECEIVED JUL .1 2 2004 GARFIELD COU NTY BUILDING & PLANNING 07/12/04 MON 17:59 FAX 540 986 4733 VB Custom Homes 07/12/2004 14:47 5709457 STEWART TITLE Gip Book 1t•05 $�cotdad 9:45 4t. r a',ae,-1. July 25' 1`i" Peas- 41,2 ' E:eoption Z4�� 4�i5 _S.11eegd74y�&cco+-'� Ne.�_�- TESS D .H.D, 3? do this first day 4 July 7s. 69 B OENkLEY B. 830.111 4 cite Counts. e= Gan! field erre. 5este aB CMorad., tG 3+o That perp and S. TR05PEa of Colorado Springs. Colorado; IHoM.s I. JST2L"OBERG, 193. !U2. HUC1M5 and•.ltEkVYN L. LAPIN .d veil =sass= 45 Stowe 4 STALE 11001: 11EY TEI JUL 15 1969 Colorado, 4 the second port: - IVITtrESSIrna. TFCmt the wad port Y ' 4 the ant pit`s, for sad m rnnelderotsuu .Q iho sum of Ten Dollars and orhar good and valuable condidictation& - - 20glanissaita m i;he said pet Y 4 -Vice first para in band pskl by raid Parc %S of ebo owoi4 Dern tie reaelpt wbereu2 Sol bermes confessed sad soknodlodgod_ hoer welted. terg:ime4. add aa4 conveyed, sad by dm* prcamm da es groat, trmrgnia, :41. aurleay and cotdlrm, onto ;Iso a44 parities 4 the second part. Their heist aid aeeir.. foto ens. n11 the following describe:1 los at .parcel 4Isad. ansate.. lying and being in $e 000,tr oe Cart 101.4 and Scale 4 Cateei►da. ln,vdt: TOW 4 CUTT. RANGE 92 WEST, 6111 Pal. Sec. 1: l:rsSEi Sec_ 1,3: 11'd• Scc. 11; EJl 6#NGdt ttEleSWk Sac. le- NINE See. 17; All Todd Chez with any and all water and water rights and ditched and ditch rights balongiay no or uaad io corneetion with the stove described real property; and alas all grazing rights and privileges adso4nistered by the Burzau of 7.sud Managem¢ut for which the above described property as base property_ TC.GETPUER with all and smeller ch. harodinerwebaad apptrror+ancea thane. lalougiot, ar in moraine apinersaining, and rho te-rcr,ia % and revcrsient, tosnaiwdcT and assns adv.. rents, issues .nd pretlta 2/moor, am/ e.1 'Mu latater, rl ht, .frig, Interest, slains and dernon4 arbodamaveS 4 the add pran y a! tit. LAST part elibts 5n law arSry, a. ia.anc to she abow ba.rsmtncd pretaisa,, w(eh rhe btriontsmenta and nDPmrtceeanoem. !CO NAM AND TO SOLO th„ sold ps+ex>tm above bazlrsincd n3 A daper bad +Ath the appuru aces, naw the vabiyars jog 4 rho second pare. tb4 it Iwirm and serine fotwer. And oho said pert y ai Com fust port. for hive golf, & his heirs. entesstor. sad adiaiautraeora. du on oveenlhr. guest b>zgain. and scree t ;mad wit& the said past its o4 el,.. aeoond P.M Lheibsi>et and amigos. eat at di, Marx of tba ementinC and dall,ay Presents. he 17 w311 soine(a of the lronsises above dooray.d. as of good, ware. parte.% abetuute rma f d4.am1hlo 04:24 0= iah4ritvicee. is law, as /et simple, 6te4 )>a s Rood ►451m, taf power sad lento! oactbarity co mast, licrgaii, sell and convoy rbc same in +sanest aad form :as aforsg4e. std that As surd. era Qr and dear frost a1 SOsmar and oeker groats. t.aagaino. asks, Maw. taxes. atasmmesir gad mWrmlaatioos 4 ....batty's leind or nage swear, e_acept reservations and GODdiCiana ecenained in United stages Par -ants, reservations of ptynerala in previous conveyances, ea]eeateats and rights of way of s public or private nature and the 1969 truces, payable •in 1970, ' hich second parties, asswde aad a6roe to pay, and $:a above bargoload p¢'abiso:: im the once nod peacuablo pacwauion 4 tea aced pare ion o2 the emceed put, ri:C. it helm and amigos ardnat 41 and wiay Demes ar presets lawfully clailµng or to alottm tj.e esbslm or say pax eurcat tae amid per Y of tau fL.r port abs aad .411 AND S'GBEVER mtIPETND. Ill W11S32tS6 WRERE07, the mid Dsr*Y a chs nett to act his hand mod seal the day is 794.r gra. a.s wiit=ea/ * STATE OF COLOLtDO, 1G� i5EA1.f 10th dos cd July (SEAL) (i002 PAGE 973/06 07/12/04 MON 17:59 FAX 540 966 4733 VB Custom Homes 121003 u r r ir -bd4 14:47 9709457 STEWaPT TITHE Gill, —� PAGE 04/85 :J-46/ -• .sa Recorrdedat. �_�.e'aloek� H- AIONI VOI Receptice 80.2 7.1 ,lye se:pew e. Aeonn4a ' ' THIS DEED, Made this a v day of 0 c 7-/o D e re 1914, betveea C.S. 'Troster of Colorado Springs, a married man; ?is. Ellen Hughes, a widowed woman and not married; Themes I. Steinberg, a married an; and Mervyn L. Lapin, s single .person of the Vail County of Eagle and state Or,.�;_. Colorado, of the first part, and ?oredich Enterprises, Inc. of the County of' Pitkin and State or Colorado, of the second part: ti Ong 466 ?Att.=43 WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS and other good. ar;A valuable oonslderatiohs---------DOLLAAB, to the said party of the first part. in hand, paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs -and assigns forever, all the following described 10t or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to-vit: >ae. e s , Ei Sec. 1 . NI. NI GV �"`ti Sac. 12: SFr 1Pk 8 NEE* SI* .sae. 14: w+ IE# Sec_ 12: All Together with any and all eater and eater rights • ditches and' -ditch rights, minerals and mineral rights belonging to and used --ins-connection with the above-descrabed Teal property, ' TOGETHER with all,and singular the hereditaments and appurtenances thereto .belonging, or in anywise appertaining, and the reversion and reversions, remainder and remaindera, rentsissues and ,profits i thereof; and all the estate, rigit, title, nterest,, claim and demand abatsoever of the said party of the first part, eit_har in law or equity, of, in and to tha above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Said parts. of the second part, his .heirs and Assigns forever. And the said party of the first part, for himself, his heir$, executors, and adn.'inistrators,•'does covenant, grant, bargain, and agree to and with the said ppaarty of the second part, his heirs and assigns, that at the time of tine enseai.ing and delivery of these presents, he is well seized of.. the premises above "conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in lav, in ree simple, and has good,right, full ppver aid lawful authority•to grant, bargain,Eell and oenvey the same in manner and form as aforesaid, and thathe sante are • free and clear from all former and other grants, bargains, sales, liens, tees, assessments and encumbrances or whatever kind or flattur&.soever, except reservations and conditions contained in 'baited States Fatents, reservations of minerals in previous con-' veyaacea, easements afd right of way or a pabll.c or private nature and the 1974 taxes, payable in 1975, which second part assume and agree to pay. and the above bargained premises in the quiet and peaceable possession or the said. party of the secend,'part, his heirs and assigns against All..aad every person or persons laarully clashing•or to claim the 07/12/04 MON 18:00 FAX 540 966 4733 07/12/2004 14:47 970945704111 , .4 VB Custom Homes STEWART TITLE GWSIIII (i004 PAGE 05/06 whole or any part thereof, the said nert7 of the first part °ball and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set hl, hand and seal the day and year rirst above vritten. C.S% asperFarried man a. RI's. Ellen Hughes, Vldoved wean end not married mas I. Steinberg, a married aian iterwyn L. 'Lapin, a single person STATE OF COLORADO, ss. at Oct<71£. . . . 11411:70yegoing lost7ment vas acknowledged dpv.dr r2 , ;97 , by Mervyn.L. Lapin, expires W7/76. Z. ,4,041cgiOs gy band and official seal -7 : , : -;-0.7,10:4},;.7 • : . F. • ..-.. ib ,' • • ;., C, f ! ---."'Zi. '--;:-:_...--..- sZ"..e . • STATE OF COLORADO, County of SS. before me this 6 singepersen a -ry Public ..-“...„ C'4 ••, instrument vas acknoVladged before me this kof %e, .,,...e.--,-../ ,.192;,<, by C.S. Trosper, a married man • izr4 \ • • ',.... ',.., • .,w, -, ,, MyiacEmi.ss2,eat ezpire- 71. __, -.., i. -.._.s : yipniss ray hand and Attieit1 seal. 7. • i .. '..!::: :I -.('-:.---' 'AGC; 7e'-•5' " i -. ...,..,-., Notary Public 07/12/04 MON 18:00 FAX 540 966 4733 VB Custom Homes .07/12/2004 14:47 970945706 STEWART TITLE 'WS Yi _ Texa« STIR OF MENURARE, SS. IQ 005 PF E 66/06 Ba,K' 66. P,tE Z45 Count,' of Bexar ;, -The foregoing tr�eut was acknowledged before am th1 25th dtiy of 0c -caber , 1974 , by irs- Elle= Regimes, an r.rmarried s �``` z,•.i - mesisviam• expirss JUTI4 1. 1975 .Twoltd..$g ay hand snd 'oFfictal seal- ''•STATE OF COLORADO David B. Could, —"Hamar County, Texas -.:-:..f.-“: -County of Mlle— . . :, `',t� �C oregoing instr ent vas acknowledged before this .'or -`` `L�im1,41 , 1974' , by Thomas I. Steinberg, a married - _ 1= ooiasion expires M/7/70. ■ .- .ptr.. my band and official seal. SS - Public tie Rotary ,*mc 11111111111111111111111111111 11111111 1111111111111111 631611. a49a 03/'2e 3 1e:53A B1 1 of 1 R 6. D 9.45 GARFIELD TY C0 • 6L0c, M (ff , rK.) WARRANTY DEED THIS DEED, Made this 26th day of August , 2003 , between WEST ELK CREEK LLP of the said County of PITKIN and State pf COLORADO TIMOTHY L. JENKS AND KATHY SUE JENKS whose legal address is '(,(� Too,z) -i lk bI LCJ iCt_ tv, lit'� of the said County of and State of eOLD'RADO V �� /N/�fi , grantor, and , grantee: WITNESS, that the grantor, for and in consideration of;'the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyel, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy irk common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: PARCEL 3 WEST ELK CREEK RANCHES ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 2003 AS RECEPTION NO. 633517. and the Correction Plat of West Elk Creek Ranches recorded August 22, 2003 as Reception No. 634739 COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: TBD , CO TOGETHER with all and singular the hereditaments ani appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to he above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, a d personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the nsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasi le estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservatigns and rights of way of record, or situate and in use, and real property taxed for the year 2003, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every erson or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, an the use of any gender shall be applicable to all genders. IN W SS HEREOF, trantor has executed this deed on the date set forth above. NELSON GORDMAN AS GENERAL PARTNER FOR WEST ELK CREEK LLP State of COLORADO l ss. County of GARFIELD ) The foregoing instrument was acknowledged before me this 18th day of Augus t , 2003 , by NELSON GORDMAN AS GENERAL PARTNER FOR WEST ELK CREEK LLP • J6, My commission expires September 06 2006 . Witness my ha official seal. otary Public File No. Stewart Title of Glenwood Springs, Inc. No. 921A WARRANTY DEED (To Joint Tenants) (Y921AEXTNEW) Rev. 7/99 e,ict.en i0 trr Let iv ,n/ ^^&& Qtt utuSmi Eg l6ilW 2/ L)LL VC.th..) Vt y/73 Garfield County Assessor Property Search Page 1 of 2 • • Garfield County Colorado Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 08/16/2004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Name: Timothy L & Kathy Sue Jenks Type: Primary Address: 863 Twin Oak Drive Troutville, VA 24175 Property Address: Silt, CO Account R040742 number: Parcel number: 192312100087 Sub -division: West Elk Creek Ranches Condo: Neighborhood: 430000 Area: 15 Legal: SECT,TWN,RNG:12-4-92 SUB:WEST ELK CREEK RANCHES DESC: PARCEL 3 BK:1308 PG:705 BK:1294 PG:931 BK:0495 PG:0294 BK:0489 PG:0233 BK:0466 PG:0243 BK:0403 PG:0412 BK:1553 PG:727 RECPT:644410 BK:1513 PG:871 RECPT:635605 BK:1497 PG:817 RECPT:632719 BK:1291 PG:841 RECPT:589490 BK:1195 PG:210 RECPT:565677 BK:1194 PG:870 RECPT:565549 BK:1194 PG:866 RECPT:565547 BK:1131 PG:363 RECPT:546059 BK:1131 PG:360 RECPT:546058 BK:0826 PG:0128 PRE:R015067 Total Actual Value: $640.00 2003 taxes payable in $10.08 2004: http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040742 8/23/2004 Garfield County Assessor Property Search Page 2 of 2 • • Amount Paid: $10.08 Actual Value: $640.00 Land size: Square feet: Acres: 36.52 Building(s) No items found. Improvements) No items found. Copyright © 2003 Mitchell & Company, Inc.*All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040742 8/23/2004 • • May 28, 2004 To: Garfield County Building and Planning Dept. Reference: Subject: Sincerely Jenks request for exemption of definition of subdivision Parcel 3 West Elk Creek Ranches of Parcel 1 and 2 containing 36.44 acres. Method of sewage disposal: Will be on site septic and drain fill system. Evidence of soil types and characteristics of each parcel to be created indicates adequate soil types for this type of system. .,1.,,,v7 g Soi4/eL4— Timothy L. Jenks .:- 39"dc4 ' AINnw A.i3?J't.s,,+, vii n LEee9rGiaL5 VS:.'t 1100Z/L/0 18 should be put up to keep livestock out, unwanted burn- ing should be prevented, and the wetlands should not bo drained. Natural wetland plants should be allowed to grow. These soils also provide valuable summer range for big game. Seasonal flooding •and depth to the water table limit community development and recreation. Adequate drain- age and protection from floods would be necessary before development could be attempted. These soils oan be reserved as greenbelts or for other restricted uses. These soils are in capability subclass Vlw, nonirrigat- ed. 21— hman-Lazsar stony towns, 15 to 65 par- ent eta es. These hilly to very steep soils are on r .urrtai -ides and mesa breaks. Elevation ranges from . • • 7,000 feet. The soils formed in sandstone and shale residuum. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Cushman soil makes up about 45 percent of the map unit, and the Lazear soil makes up about 40 per- cent. The Cushman soil is on the landscape where allu- vium has accumulated to a greater depth over bedrock, and the Lazear soil is on the more steep areas. The Cushman soil is moderately deep and well drained. Typically, the surface layer is grayish brown stony loam about 3 inches thick. The subsoil is dark grayish brown sandy loam about 8 inches thick. The substratum is light brownish gray loam and very gravelly loam. Shale and sandstone is at a depth of 32 inches. Permeability of the Cushman soil is moderate above bedrock, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Leese,- soil is shallow over bedrock and is well drained. Typically, the surface layer is grayish brown stony loam about 4 inches thick. The underlying material is light brownish gray stony loam. Calcareous shale and Sandstone is at a depth of 16 inches. Permeability of the Lazes' soil is moderate above bed- rock, and available water capacity is low. Effective root- ing depth is 10 to 20 inches. Surface runoff is moderate- ly rapid, and the erosion hazard is severe. included with these soils in mapping are small areas of shale and sandstone outcrop and of lldefonso soils. The ildetonso soils are deep and very stony and have large acceeeulations of calcium carbonate. They are on very steep mesa breaks_ Those areas make up about 15 percent of the map unit. These soils are used mainly for wildlife habitat and ;razing. The native vegetation on these soils is mainly Utah uniper and pinyon. The understory consists of Salina viidrye, Indian ricegraass, beardless wheatgrass. gaalieta, SO 3d ) .Lt if lw al T, Ldtf9 t 0$fl SOIL SURVEY low phlox, stemless goidenweed, fourwfng saltbush, ser- viceberry, shadscafe, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, only a few forbs and shrubs remain. Properly managing the vegetation maintains ~wood production and grazing. Se- f; lectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopesand the erosion hazard affect harvesting. These solis can produce about 6 cords of wood per .4 acre when trees more than 4.5 feet tall reach an aver- age diameter of 5 inches. Mule deer, gray squirrel, and cottontail rabbit find habi- tat on these soils. Use of these soils for community development and as a source of construction materials is limited by depth to bedrock and steep slopes. This complex is in capability subclass Vlls, nonirrigat- eman gr*velly town, 30 t6 50 percent This moderately deep, well drained, steep soli is ountaainaldes. Elevation ranges from 2000. to 8;500 i feet. This soil formed in sandstone and limestone. residu- um. The average annual precipitaatior) is about 20 inches, the average annual air temperature is about 38 degrees F, and the average frost -free period is less then ..75 days. Typically, the upper part of the surface layer is vary ? . dark grayish brown gravelly loam about 3 inches' thick, ,,^. and the lower part is very dark grayish brown gravelly sandy loam about 6 inches. thick. The substraaaturrt is dark yellowish brown very gravelly sandy loam. Lirnestpne or sandstone bedrock is at a depth of 34 inches. included with this soil in: mapping are small areas of Farrow, Cochetopa , and Lamphier soils on the steeper parts of the landscape. They make up about 5' to. 1$ percent of the map unit. Permeability is moderate, and available water capacity is low. Effective rooting depth is 20 to 40 Inches, Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is melnly Gambel .° oak, serviceberry, . and mountain brome. A few small areas have some Douglas -fir. When range condition deteriorates, forbs ancr shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annusi 'plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Seeding and controlling brush ,e are generally unsuitable because of the steep slopes. Elk, mule deer, blue grouse, snowshoe rabbit;.. and squirrel find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by steep slopes and depth to rock. This soil is in capability subclass Vile, nonirrigated: L280St,E0L6 t,S :5T SO 20 This soil is suited to production of Engehrann spruce and Douglas -fir. This soil can produce 3,850 cubic feet of wood per acre every 10 years from a felly stocked, even -aged stand of 100 -year-old trees. Steep slope:. affect timber harvest, and special care i$ needed to prevent erosion. Elk, deer, black bear, and grouse find habitat on this soil. Slope and large stones limit community development. Special design overcomes these limitations. This soil is in capability subclass Vile, nonirrigated. 26—Farlow-Rock outcrop association. steep. This broadly defined map unit consists of moderately steep to steep Farlow soils and Rock outcrop on mountainsides. Elevation ranges from 8,000 to 10,500 feet. The Farlow soil formed in residuum from limestone. The average annual precipitation is about 19 inches, the average annus) air temperature is about 38 degrees F, and the frost -free period is less than 75 days. The Farlow soil makes up about 65 percent of the association, and Rock outcrop makes up about 25 per- cent The Farlow soil is deep and well drained. Typically, the surface layer is dark grayish brown channery loam about 10 inches thick. The substratum is light gray and pale brown very channery loam arid extremeiy fleegy loam about 32 inches thick. Weathered `mestone is at a depth of 42 inches_ Permeability of the Farlow soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 40 to 60 inches. Surface runoff is rapid, and the erosion hazard Is moderate. The Rock outcrop is limestone. Included in mapping are small areas of Dateman soils. generally in depressions. These areas make up 5 to 15 percent of the map unit. This association is used mainly for limited grazing and wildlife habitat. The native vegetation is mainly needlegrasses, wheat - grasses, and servlceberry. When range condition deteriorates, forbs and shrubs Increase. When the ranges is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Elk, deer, black bear, and grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by sireee and depth to rock. Special design is neer:, ci to overcome these limitations. Thi, aapociajon is in capability subclass vile; nonirri- gated. 27—Halaquepts, nearly level. This broadly defined ..unfit consists of deep, somewhat poorly drained to poorly drained, nearly level and gently sloping, salt -affected t'0 39e'd AlNn00 013Tddtt9 t asn SOIL SU soils in narrow foothill valleys, on fans, and on lov races. Slopes are 0 to 6 percent. These soils form alluvium. The soils are extremely variable. The upper 24 in ranges from loam to clay, and the underlying layer! generally gravelly. The soils are commonly gleyed the surface down. Stratified sand, gravel, and cot are at a depth of 24 to 40 inches_ In some areas, ga and cobbles are at or near the .surface. included with these soils in meppiog are small, is Qd areas of Arvada, Limon. and Heldt soils that 1 slopes of 1 to .6 percent. Small areas .gt severely al affected soils are identified by an alkali spot syrr These areas make up 10 to 15 percent of the reap The water table is at or near the surface at tir mainly during spring and summer. The level of the w table is strongly Influenced by the seasonal water levy nearby streams .and rivers and higher lying irriga ditches. Water seeps from the ditches .into these si These soils are sub1ect to rare or occasional fl000 This unit is used mainly for grazing. Some hay is grown in areas drained by ditches. Yie are low bepause of saline condition. Alkali -toter grasses and legumes must be grown for productive and pasture. The native vegetation consists of willows, tamer cottonwoods. and alkali- and water -tolerant grasses. Game birds, rabbits, deer. and other. wildlife find he tat on these soils. Ducks and geese nest in the rn swampy areas. Mourning doves nest in. the cottonwot and tamarisk. Rabbits and deer find adequate food e cover on these solls. Where the soil hat been drair and is suitable for hay and pasture, planting food plc trees and shrubs, and nesting cover enhances habitat upland wildlife. Where the water table is high, op water for waterfowl can be developed by blasting excavating. Community development is limited by flooding a depth to water table. Onsite inveetigation is necesss for appropriate design and constructigi to overcon these limitations. These soils are in capability subclass V)w, nonirrig ed. 28—lieldt clay ,loam, 1 to 3 percent slopes. Th deep, well drained, nearly level sgil is orj alluvial far and sides of valleys. Elevation ranges from 5,000 1 6,000 feet. This soil formed in fine textured alluvia de-ived from shale and sandstone.. The :Average annu precipitation is about 14 inches, the average annual a temperature is about 48 degrees F, and. the averag frost -free period is about 120 days. Typically, the surface layer is grayish brawn clay loar about 8 inches thick. The subsoil is light brownish gra clay loam about 13 inches thick. The substraturn is ligf gray clay to a depth "af 60 inches. LE3051,60L6 t' : T t 0o /LU/S0 cion hazard is moder- ,s, hay, and pasture. rass-legume mixtures er furrows. Sprinklers ditches control water oil is mainly wheat - brush. ts, forbs and shrubs condition, undeeira- numerous. Properly proves range condi- range, Seeding im- areeted wheatgrass, Idrye are suitable for drilling the seed are and pheasant find ielopment and as a ited by low strength. s Ille, irrigated, and slopes. This deep, ening soil is on elite Nes from 5,000 to ivium derived from muaf precipitation is 1 air temperature is frost -free period is wish brown or light s thick. The under- oam to a depth of naterial is stratified are small areas of ;lopes of 6 to 12 15 percent of the able water capacity ) inches or more. !1 hazard is moder- hay, and pasture. ;s -legume mixtures furrows. Sprinklers irrigation ditches tch erosion. Keep - Tee -fourths of the r. is mainly wheat - S© 39bd When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves rang, condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit. ground squirrel, and pheasant find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by low strength and strep slopes. This soil Is in capability subclasses iVe, irrigated, and Vls, nonirrigated. 42—Latephler loam, 15 to 50 percent slopes.. This deep. well drained, steep soil is on fans and mountain- sides. Elevation ranges from 7.500 to 10,000 feet. This soil formed in residuum from sandstone and shale. The average annual precipitation is about 21 inches, the average annual air temperature is about 40 degrees R, and the frost -free period is less than 75 days. Typically, the surface layer is dark brown loam about 30 inches thick. The underlying material is reddish brown and dark reddish brown loam to a depth of 60 inches. Included with this soil in mapping are email areas of Almy soils and Rock outcrop. The Almy soils are at lower elevations. These areas make up 5 to 10 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for grazing, wildlife habitat, and recreation. The native vegetation is aspen and an understory of bromes, elk sedge, wildrye, wheatgrass, peavine, colum- bine, snowberry, serviceberrv, and chokecherry. When the understory vegetation deteriorates, forbs, shrubs. and Kentucky bluegrass increase. Properly man- aging grazing maintains and improves the understory vegetation. This soil is suited to production of quaking aspen. It can produce 4,050 cubic feet of wood per acre or 6,800 board feet of timber from a fully stocked, even -aged stand of 80 -year-old trees. At the present there is no commercial harvest of the aspen. Steep slopes affect harvesting, and special attention a needed to reduce soil loss during harvest. Mule deer, elk, blue grouse, and snowshoe rabbit find habitat on this soil. Septic tank filter fields, community development, and roads are limited by steep siopes. Surface runoff from snowmelt increases the erosion hazard on cuts and fills. Seeding reduces the erosion hazard. Roads can he de - Alma) Jila) Q13T.Jefee vasn #FLE AREA, COLOFiAOO `sgned to provide surfacE ;`i' punts of snowmelt. This soil is in capability u 43--Llman silty clay la is deep, well drained. gel ail is on alluvial fans an anges from 5,000 to 6,501 „textured, calcareous sedirr ';yaverage annual precipitati Overage annual air temper nd the average frost-fre( ;...Typically, the surface lay ,play loam about 11 inches Is N�ht brownish gray and depth of 60 inches. rqnclucled With this soil in dada and HHeldt soils tt ''percent. These soils make snap unit. „y Permeability is slow, an, Moderate. Effective rooting .;;6/ rface runoff is medium, moderate. This soli is used mainly fc some irrigated hay and pass This Soil is usually irrigate inwater slowly, Length of r fully determined. This soil Oven manure crops and :.The native vegetation o sass, sagebrush, and rabbi a,;When, range' condition d, in rease. When the range i ble weeds and annual plr managing grazing maintain tion. Reducingbrush impa proves range 'in poor cor `s'treambarlk wheatgrass, e suitable for seeding. Prepari reed are good practices. °+:Gsottoritailsoil.rabbit, pheasan ip�n. hi. -Use of this soil for comn tary facilities, and as a sour limited by the high clay cc grid low' strength. Dwellings reduce these limitations. .This soil is in capability Via, nonirrigated. 34—Morva loam, 3 to 1: .well drained, gently slopinc .and sides of valleys. Elea 8{000 feet. This soil formed learn basalt and sandstone. it %ion is about 15 inches, LESOSt'60L6 t}S:ST t91JZ/I. /S0 SOIL SURVEY rates, forbs and shrubs oor condition, undesira- tre numerous. Properly improves range condi- ;he range. Seeding im- Crested wheatgrass, wildrye are suitable for and drilling the seed are 'el, and pheasant find development and as a limited by low strength :ses IVe, irrigated, and percent elopes. This m fans and mountain - 0 to 10,000 feet. This 'stone and shale. The thout 21 inches, the about .40 degrees F, n 75 days, irk brown loam about terial is reddish brown i depth of 60 inches. ig are small areas of me Aimy soils are at e up 5 to 10 percent 3ilable water capacity 60 inches or more. sion hazard is slight. I, wildlife habitat, and ind an understory of ass, peavine; colum- 'rokecherry. deteriorates, forbs, 'ease. Properly man- wes the understory of quaking aspen. it ei per acre or 6,600 stocked, even -aged eresent there is no Steep slopes affect )eded to reduce soil iowshoe rabbit find development, and surface runoff from -d on cuts and fills. Roads can be de - 90 3JCd pi E AREA, COLORADO 1 e'd: to provide surface drainage outlets for large ouinnts of snowmeft. hiesoil is in capability subclass Vile, nonirrigated. 3 --Limon silty clay loam, 3 to 12 percent siopes. sdeep, well drained, gently sloping to strongly sloping al ; is , on alluvial fans and sides of valleys. Elevation rnges from 5,000 to 6.500 feet. This soil formed in fine eaitured, calcareous sediment derived from shale. The ;average annual precipitation is about 14 inches, the %rage annual air temperature is about 48 degrees F, and,;' the average frost -free period is about 125 days. .:Typically, the surface layer is Tight brownish gray silty ay,loam about 11 inches thick. The underlying material Wight brownish gray and light gray siltyclay loam to adepth of 60 inches. lticiuded with this soil in mapping aro small areas of rvada and Heldt soils that have slopes of 3 to 12 ,percent. These soils make up 10 to 15 percent of the ,ap unit ermeability is slow, and available water capacity is ,gderate. Effective rooting depth is 60 inches or more. j. face runoff is medium, and the erosion hazard is a Berate, This soil is used mainly for grazing, wildlife habitat, and some, irrigated hay and pasture. This soil is usually irrigated by flooding. This soli takes ,.4,,n pater slowly. Length of run and slope should be care- efully;; determined_ This soil compacts easily when wet. reen, manure crops and tillage help to maintain tilth. Ve, he native vegetation on this soil is mainly wheat rass;.sagebrush, and rabbitbrush. ieWhen range condition deteriorates, forbs and shrubs ',gorse. When the range is in poor condition, undesira- le.l;weeds and annual plants are numerous. Properly managing grazing maintains and improves range cendl- IQ`n""' , Reducing brush improves the range. Seeding im- roires range in poor condition. Western wheatgrass, r embank wheatgrass, and crested wheatgrass are ble for seeding. Preparing a seedbed and drilling the ad ;are good practices. ottontatl rabbit, pheasant, and squirrel find habitat on i.�, ��Soil. sa, of this soil for community development, for sani- ry;'facIlities, and as a source of construction materiel is d.>by the high clay content, shrink -swell potential, flow strength. Dwellings and roads can be designed seduce these limitations. to rIs soil is in capability subclasses IVs. irrigated, and oti Irrigated. Morval loam, 3 to 12 percent slopes. This deep, rained, gently sloping to rolling soil is on mesas ,„'sides of valleys. Elevation ranges from 6,500 to ,.84feet This soil formed in reworked alluvium derived b?ri„ asait and sandstone, The average annual preelpi- tior , is about 15 inches, the average annual air tem- perature is about 44 de. free period is about 100 Typically the surface Inches thick. The upper light brown clay loam a lower part is light brown s thick. The substratum is p Included with this soil Villa Grove, Zoltay, and Zoltay soils are on the s Trideli soils have accum These areas make up ab Permeability is moderai is moderate. Effective ro face runoff is slow, and This soil is used mainly used tor hey and pasture for alfalfa, grass -legume Flooding, furrows, and gating this soil. Flooding i hay, and small grains. Spr The native vegetation Ieandthread, wheatgrass, When ran9e condition increase. When the range tole weeds and annual r managing grazing maintai tion. Reducing brush Imp proves range, in poor cor western wheatgrass, and seeding. Preparing a see( good practices. Cottontail; rabbit, mule d this sell. Community: developmen shrink: Swell' potential, frost This soil is irr capabiiit nonirrigated, 45speltiorvakTridell co slopes: These moderately alluvial fates, and sides of 6,600 to 13.0001 feet. The vium derived .from basalt annual preelpitation is at annual air tererature is average frost-feee period is The Morval.$oil makes u and the TrtdeIl Soil make Morval soil is 9n the less a and the Trideli.soil is on th The Morval •;;oil isdeep surface layer is brown lo€ upper part of the subsoil loam and stony clay loam lower part is Tight brown sti thick. The subStrati n iS pir A1111033 Q-13Td6l 9 vosn LE3©St'60L6 17S:ST fio©0/12/50 sms IIfQ111%QM fa a1 t%. n..,.....-.... ...,a .,,..... �. flductng brush improves range. but desirable obs ;=should not be destroyed. ierdeer, cottontail rabbit, chukar, and squirrel find tatIon this soil. *unity development is limited by steep slopes. ity sewage facilities will be needed it population 1 ;Increases. oil is in capability subclass Vile, nonirrigated. irthwater loam, 15 to 6:5 percent slopes. This Well drained, hilly to very steep soil is on moun- 04: Elevation ranges from 7,600 to 8,400 feet This ed in residuum from sedimentary rocks. The anrwai precipitation is about 20 inches, the efair temperature -is about 40 degrees F. and the e agee'frost-tree period is fess than 75 days_ ip>itlly, the upper part of the surface Layer is brown rout 10 inches thick. In most places 2 inches of nic`materiai is on the surface. The lower part of the 0.4kiayer is dark grayish brown loam about 15 inches k The subsoil Is light brown very channery clay loam :45 inches thick. Fractured sandstone is at a depth ipches. id with this soil in mapping are small areas of Aohute, Rhone, and Irigul soils. The Rhone soils are :7Tnorth facing side slopes, and the Parachute and sols are near ridge crests: These areas make up Percent of the map unit. ,,,ability is moderate. and available water capacity ,Qdrate."Effective rooting depth is 40 to 60 inches. re! ;runoff is slow, and the erosion hazard is slight. t)%.,. oil is used mainly for limited grazing, wildlife s ' and, recreation, alive vegetation is aspen and an underst r y if ;mountain biome, elk sedge. .slender wheat-- %sp►eh Petivinte aspen fleabane, snowberry, serve - 0 Chokecherry. 3.,. understory vegetation deteriorates, 'orbs, nit, Kentucky bluegrass increase. Is stilted to production of quaking aspen. It optica 4,050 cUbic feet of wood or 6,800 board xq(r>Tbsr per acre from a fully stocked, even -aged . a „ year-old trees- At the present thews is no r till J}lm tr l.save t isrt 111..E V.V.. .v Il._ 1.• ... v..._... __ . • _ _ shale. The average annual precipitation 18 about 14 inches, the average annual air temperature Is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsoil is grayish brown and light gray sandy day loam about 21 inches thick. The substratum is tight gray gravelly sandy clay loam or very gravelly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Heidi, Potts, and Kim soils that have slopes or 2 to 3 percent. These areas make up 5 to 15 percent of 'the map unit. Permeability is moderate, and availabie water capacity is moderate. Effective rooting depth is 60 .inches or more. Surface runoff is slow, and the erosion hazard is slight. This soil is mainly used for irrigated crops and hay. Alfalfa. small grains, corn for silage. and grass or grass - legume mixtures are grown. Small acreeges are in fruits, including apples, peaches, and apricots.. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in Irrigation ditches help to control water and prevent excessive ditch ero- sion. The native vegetation on this soil was mainly wheat - grass. nedieandthread, and sagebrush. When range condition deteriorates, forts. and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Cottontail rabbit, squirrel, pheasant. and some mule deer find habitat on this soli. Community development and recreation are limited by low strength, This soil is in capability subclass lite, irrigated. 50—Ottley loam, 3 to 6 percent elopes. This deep, well drained, gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from sandstone and shale. The average annual precipitation IS about 14 inches, the average annual air temperature is about 48 LE.00eei ©iA }'iG _•Ct inn- i 7/ f IOC 41, 41' 270 SILT 7; HARVEY GAP PARK 7 pI 40' 39' •L , TA \ NEW MSTLE�I-70)Orni 38" 107'37 30-275 37 36' 35. 34' 07/21/04 WED 09:12 FAX 540 966 4733 VB Custom Homes • • llczy 3ui1dRr CuAom tlornR6 Timothy L. Jenks 863 Twin Oak Drive, Troutvilk, VA 24175 Phone/Fax (540) 966-2534 Contract License # 2705072675A DATE: July 19, 2004 TO: Planning and Zoning County Commissioners SUBJECT: Request for exemption from the definition of subdivision Below is a summary of the reasons I am requesting this exemption. r own 36 acres of land located on county road 245 also known as Buford Rd. The use of this property by location in zoning is agricultural which is how it is being used at present. My use of this property is to graze cattle and to keep my horses on this property. I am in the process of building a home on this land and am going to fence this property to keep the horses and cattle on the property. There are two water sources on this property, both located on proposed parcel one. My home will also be located on this parcel. Because of county road 245 and the division created by this public right of way I will be unable to fence my entire property and utilize this five acre parcel that lies on the east side of county road 245. By granting this division I will be able to sell or gift deed this five acres to one of my children. This division of my property created by a public right of way clearly interferes with the continuous use of my property and would be better used as two parcels with public road frontage. As stated in the Garfield application for exemption from the definition of a subdivision page 3, paragraph A, stating "however any parcel to be divided by exemption that is split by a public right of way, state or public highway, county road or railroad preventing joint use of the proposed tracts and the division occurs along the public right of way such parcels thereby created may at the discretion of the board not be considered to have been created by the exemption with regards to the four lot parcel interest or dwelling unit limitation otherwise applicable." The division I am requesting will not only benefit myself but would also benefit the county by created more tax base and better utilizing this property. It is my belief that this request was what the planners had in mind when they wrote these guidelines. Thank you for your consideration on this matter. Sincere Regards, Tim Jenks 11002 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TH STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com January 13, 2005 Jim Hardcastle, Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Jenks Subdivision Exemption Dear Jim: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Section 8:33 of the Garfield County Subdivision Regulations requires an exemption plat to be submitted for signature within 120 days after approval. The County Commissioners approved the Jenks exemption on November 15, 2004, so the plat is due on March 15, 2005. Condition #5 required a road cut or bore permit for the water connection from Parcel 3A to 3B to be submitted prior to recordation of the plat. My understanding is that such permits expire within a few weeks after issuance. While Mr. Jenks is willing to apply for a permit, actual construction could not take place within any permit deadlines due to winter conditions. Further, it may be several years (if ever) before Mr. Jenks actually applies for a building permit for Parcel 3B, so there will be no need for actual construction of any water line for some time. I believe the purpose of the condition was to provide assurance that the water connection is legally feasible. Accordingly, we would request that a letter from Road & Bridge stating that there should be no problem with issuance of a permit, and that it should be applied for when Mr. Jenks is actually ready for construction, be accepted in satisfaction of this condition. DHM: cc: Tim Jenks 1:\2005\Clients\Jenks-1921 \ Letters \liardcastle-I.wpd Very truly yours, Message Page 1 of 1 Jim Hardcastle From: Carolyn Dahlgren Sent: Tuesday, February 01, 2005 2:08 PM To: 'dhm@lklawfirm.com' Cc: Kraig Kuberry; Mark Bean; Jim Hardcastle; Marvin Stephens Subject: Jenks exemption and Buford Road Understand Mark spoke with Mr. Jenks and told him that B&P has sent the plat back to USFS to make sure they have no problem. I have not spoken with USFS, but have spokewn with B&P and R&B District Manager, Kraig Kubberry, not yet Marvin Stephens, Director. Here's the considered opinion so far. No one is aware of a deed into USFS. Reso does not ask for conveaynce of a right-of-way to the county. Fed, to date, has not asked for anything. By defining lots to center of line you have created a center line description of the pre-esisting road, showing 30 ft either side as R -O -W, even though no dedication or separate conveyance to the County or the fed. Appears to be a "public road" under state law, at a minimum a right-of-way. Whether "county road" or "federal road" not clear; whether fee or easment, not clear. Maybe both. (County has an agreement to blade the road minimum of one time a year with USFS.) Agree that if fed holds the fee, the plat can't defeat that property interest; and, as you said, if you had been able to come up with a fee deed into the fed, probably would have been a property split as a matter of law. So, let me check with Marvin and call you. You may be able to get the USFS to talk with you about Jim's request for review. Did you get a copy of Jim's communication with the USFS? Would like to briefly discuss the well sharing and easment agreement, as well. I'm around tomorrow, and available most of the day after 10 am. 2/1/2005 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T" STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com December 21, 2004 Jim Hardcastle, Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Jenks Subdivision Exemption Dear Jim: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(please direct all correspondence to our Glenwood Springs Office) Enclosed please find a draft subdivision exemption plat for your review and approval for the application that was approved on November 15, 2004. In response to the approval condition relating to the shared use of the well, a Well Sharing Agreement is also enclosed, and an easement for a waterline is depicted on the plat. Both documents would be recorded simultaneously. The plat also shows a building envelope on Parcel 3B. I believe these documents address all conditions of approval. Please let me know if you agree, and I will have High Country Engineering prepare a mylar version of the plat to circulate for signature and recording. Thank you. DHM: Enclosure cc: Tim Jenks Jay Axtel (HCE) I:\2004\ClientsVenks-1921\Letters\Hardcastle-I.wpd Very truly yours, LEAVE '.ice: KARP, P.C. David I . cConaughy MI R� R4RR IP g UN 'EE SIS .vim "la ge mlt 4' 2qA 1,1 X11 ORA / <y6 amtt��++ "< in4 Hid m 85 rg'I h 0l.: R Q 5F 0 8 00'LEO I D'OZ 8 A 8 8 8 o ag 0 8 0 19 Z 0 g 2 3) DATE OF SURVEY WAS OCTOBER 28, 2004 AND NOVEMBER 3, 2004. 41 meg- 91-1 of CG9a >84N 00'9 809, 'Sit Rrilg 9� 8 8 2 41 8 9 a EXEMPTION PLAT GARFIELD COUNTY, COLORADO VALLEY BUILDER CUSTOM HOME 863 TWIN OAKS DRIVE TROUTVILLE, VIRGINIA 24175 ( l mg 40 PARCEL 13 N 00'00'01' E 770.00' JOHN C. AND KAREN A. ZOLLARS 1542 HIGH STREET DENVER. COLORADO 80218 C A�k ! 8 00419'38.E 328.46' tri A22 gg P9 N4 99 tE g '‘SZ N VL lC 1- -1 mg,1 is 1—� ) �I IIIg 003 `rB 94 ATV 02A R c N00'00'00"E 2 7 K7:7 g F "C4 2 88GD 281.12' 2.9 ig 11 rti 8 // / // / / // / 4 4N zi g8 998 m .Q ,I,Vrld NOI1LdNNIJXJ S 0Oro0'41 W 174.71' Gm WHITE RIVER NATIONAL FOREST 68 P.O. BOX 948 m GLENN00D SPRINGS, COLORADO 81802 8 2! 09 2 P 9 8 6 8 gt81ewa� ,8008 24 017 2> 03m lig RAI 5m8k" <6 SIN3S3Ad 35341 AB N3P1 115 MONK HIGH COUNTRY ENGINEERING, INC. -AW" HMS 14 INVERNESS DRIVE EAST, STE F120, ENGLEWOOD, CO 80112 PHONE 1303) 925-0544 FAX (303) 925-0547 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 9458876 FAX (970) 9452555 W W W.HCENG.COM CHECKED BY. JLA 00E12/20/04 FILE. FPLAT-EXEMPT NO. DATE REVISION BY CALL UTIU- Y NOTIFICATION CENTER OF COLORADO 1-800-922-1987 OR 534.06700 IN METRO DENVER CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14' STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 crf@lklawfirm.com April 7, 2005 Fred Jarman, AICP, Senior Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Jenks Subdivision Exemption Dear Fred: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Attached please find Permit Number GRB05-U-17 issued by the Garfield County Road and Bridge Department on April 6, 2005 for the Jenks Subdivision. Receipt of this permit satisfies Condition No. 5 of Resolution No. 2004-131 approving the Jenks Subdivision Exemption. We believe that at this time all conditions of approval are satisfied and would appreciate your confirmation so that we can move forward with recording the Exemption Plat. We look forward to hearing from you regarding this matter. Very truly yours, LEAVENWORTH & KARP, P.C. Enclosure cc w/ enc: I:\2005\ClienisVenks-1921 \LctlersV arman-4.wpd Timothy Jenks Cassia R. Furman RECEIVED APR 0 8 2005 GARFIELD COUNTY BUILDING & LANNING Garfield County Construction Permit for Installation of Utilities in Public Right -of -Ways Applicant Name: Tim Jenkce Address: Jenks Subdivision co, Permit Number: GRB05-U-17 Type of Installation: Open Road Cut Purpose: Water Line Installation Length of Installation: 30 feet Location: County Road: 245 Nearest Intersection or Address: At property Distance from Intersection or Address: Direction from Intersection or Address: Side of Road: Full Road Width Estimated Construction Schedule: Start: 4/6/2005 Finish 8/6/2005 Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and that the Applicant will own and maintain the installation upon completion of work 2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility connected therewith, within the area covered by this permit. 3. The entire installation repairs and clean up shall be completed prior to: 8/6/2005. 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dark, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a manner acceptable to the Board of County Commissioners or their Representative. 6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this installation, Applicant will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to installation placed inside Public Right -of -Ways Limits. 7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by The Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements should be established with the County for possible excavation methods. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water company or ditch association. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Open Road Cut shall be installed beneath the surface of the right-of-way at a minimum depth of 5' min. and the disturbed portion of the right-of- way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel. 11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. 12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall be furnished to Garfield County. 13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures that will be utilized and shall obtain the occurrence of the Board of County Commissioners. 14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at which work on the installation will commence. 15. Any materials from excavation as the result of the installation will be removed from the road way surface each day. 16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions 17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. 18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule. IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER. Special Provisions: 1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck. Permit holder will contact person issuing permit prior to cutting road surface. 2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as - built upon completion. 3. Type of Backfill: Roadbase If back fill is road base or excavated material, backfill will be compacted to 95% with water to include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed from site. No wet material removed from excavation will be used for backfill. 4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet larger than excavation area. Replacement of asphalt will be 1 lane minimum width the size of the cut or full road width if the cut crosses the centerline of road. 5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on replacement. The length of the road surface damaged by utility installation will require replacement. This will include the hauling of equipment and materials. 6. Certified Traffic Required? False 7. Work Zone Signs Required? True 8. Excavated material can also be used for backfill, however, it must be clean 9. Gravel road back with 3/4" road base 25' on both sides of the cut. Representative of the Board of County Commissioners of Garfield County, Colorado In accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing provisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all the conditions set forth herein. THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL NECESSARY RIGHT -OF -WAX FOR ! PLACEMENT OF THE UTILITY. Utility Permit Applicant: Tim Jenks' Garfield County Road and Bridge Department Special Provisions for Excavation of Road Surface and Installation Utility Permit Number: GRBOS-U-17 Applicant: Tim Jenke Inspector: Kraig Kuberry Sub-Contractor:Tim Jenks 1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by Applicant. Further, Applicant will remove any frozen material from site. 2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five working days, weather permitting. 3. When possible, all installations should avoid the top edge of a fill slope. 4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest abutment, wing wall, or culvert. 5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -vegetation. 8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM, Forest Service. Garfield County Representative T' Jenkf DECLARATION OF WATER WELL USE AND MAINTENANCE THIS DECLARATION OF VATER WALL LJSE AND MAINTENANCE ("the "Declaration") is made as of the,/0"day of AAQY( , 2005. WITNESSETH: WHEREAS, Timothy Jenks ("Jenks") is the owner of Lot 1, Jenks Subdivision Exemption, Garfield County, Colorado as described on the plat thereof recorded as Reception No. (the "Plat"); WHEREAS, Jenks is also the owner of Lot 2, Jenks Subdivision Exemption, Garfield County, Colorado and described on the Plat; WHEREAS, Lot 1 and Lot 2 are immediately adjacent to one another and are capable of being served by the same water well; WHEREAS, Jenks is the owner of Well Permit No. 255360 issued by the Colorado Department of Natural Resources, Office of the State Engineer (the "State Engineer's Office"), a copy of which is attached hereto as Exhibit A (the "Permit"); WHEREAS, the Permit allows for construction of a single well (the "Well") for fire protection, household purposes, irrigation of up to one (1) acre, and watering of domestic animals with a total maximum pumping rate of 15 gallons per minute; WHEREAS, the Well was drilled on Lot 1 and is currently being utilized for authorized purposes under the Permit; WHEREAS, by this Declaration Jenks, as the owner of Lots 1 and 2, desires to establish a regime, binding upon his successors and assigns, wherein Jenks, his successors and assigns, will equally share use of the Well to serve Lots 1 and 2; and WHEREAS, it is the intent of the undersigned to memorialize certain rights appurtenant to the properties concerning the location, construction, use, maintenance, repair and/or improvement of the Well and related pipelines and equipment. NOW, THEREFORE, Jenks sets forth the regime governing joint use of the Well by by future owners of Lots 1 and 2 as follows: 1. Physical Infrastructure and Grant of Easement. a. The well has been drilled and is operating on Lot 1 and buried delivery pipes may be installed from the Well to the residence constructed on Lot 2. Lot 2 shall be supplied with a legal and I-\2004\ClientsUenks-1921 \Documents\Well Sharing Agmtwpd -1- adequate water supply of water as approved by Garfield County Resolution No. 2004-118. b. Jenks hereby creates and reserves a non-exclusive perpetual easement ("Easement") upon, over, across and beneath Lot 1 for the limited purpose of permitting the use, maintenance, repair, replacement or improvement of the Well, Delivery Pipes and associated physical improvements, to connect the Well to Lot 2 as is authorized by this Declaration. The Easement shall be located within the fifteen foot utility and access easement within Lot 1 as depicted on the Plat. Authorized Use of the Well. The continued use of the Well on the respective Lots shall be limited to the permitted uses which include one residence on each Lot, firefighting, limited lawn and garden irrigation, and watering of domestic pets. Each Lot shall be entitled to the use of the well for up to one- half (0.5) acre of irrigated gardens and lawns. To the extent that the Permit authorizes in-house uses for a third residence, this right shall remain appurtenant to Lot 1 unless otherwise agreed in writing by the owner(s) of both Lots. 3. Percentage Allotment of Total Well Production. For so long as Lots 1 and 2 are sharing the Well, each Lot shall be entitled to an equal one-half (1/2) share of the total water flow produced by the Well. Said water flow shall be measured in gallons per minute (g.p.m.). In any event, the total water flow from the Well shall not exceed 15 g.p.m. (7.5 g.p.m. for each Lot), in compliance with the terms of the Permit. Any deficiency in actual production of the Well below 15 g.p.m. shall be allocated equally between the Lots. 4. Flow Meters. Flow meters shall be installed and maintained on the Well itself to provide for the accounting necessary to enforce the provisions of the Well Permit. The costs for the initial installation of the flow meters shall be divided equally between the Lots. 5. Cost of Repair, Maintenance and Improvements. From time to time the Well, Delivery Pipes, and associated facilities will require repair, maintenance and improvements. For so long as Lots 1 and 2 are sharing the Well, the cost of any such repair, maintenance and improvements shall be allocated as follows: a. The cost of any repair, maintenance or improvement that benefits each of the Lots shall be allocated equally between the Lots; and b. The cost of any repair, maintenance or improvement that benefits any single Lot (either Lot 1 or Lot 2) shall be allocated to that Lot only. Any portion of the Easement that is disturbed due to such repair, maintenance or improvements shall be promptly compacted and 1.\2004\CIicnls\lenks-192 I \Documents\Well Sharing Agmt.wpd -2- revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance was allocated. 6. Authority to Perform Repairs, Maintenance and Improvements. If the owner of either Lot reasonably believes that the Well or Well pump requires repair, replacement or maintenance to allow it to be able to reliably pump 15 g.p.m., then such owner shall provide the other Lot owner 15 days prior written notice of such fact and the estimated cost of the necessary repairs. Following such notice, the Lot owner providing such notice may have the required work performed by a licensed well or pump contractor and shall be entitled to reimbursement from the remaining Lot owner for all costs and expenses incurred in doing so in accordance with paragraph 7 below and subject to paragraph 5 above. In the event that emergency repairs or maintenance is required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to said emergency repairs or maintenance. 7 Payment Terms. Any payment due to any party subject to this Declaration shall be due and payable, in full, thirty (30) days from notice thereof. If payment is not received by said due date, the owner or owners to whom said payment is owned may file a lien for the amount owed against the Lot owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Declaration in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 8. Storage. Should a Lot owner's share of the pumping capacity of the Well be insufficient to adequately service his or her Lot, then such owner may construct, on his or her own Lot, at his or her own expense, a water storage facility to store his or her own portion of the Well yield. Alternatively, the owners of both Lots may agree to construct, own and operate a joint water storage facility, in which case this Declaration shall be amended to set forth the terms and conditions of their construction, ownership and operation of such joint storage facility. Notwithstanding the private agreements of the Lot owners, both Lots shall be at all times served by a legal and adequate water supply as approved by Garfield County Resolution No. 2004-118. 9. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Lots (each an "indemnifying party") will agree to indemnify, defend and hold the other Lot owner (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Declaration. 1:\2004\ClientsVenks-1921\Dacumems\Well Sharing Agmt.wpd -3- 10. No Public Dedication. Nothing contained in this Declaration will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever; the Easement is and shall continue to be private. 11. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Declaration shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Declaration. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Declaration, such Lot owner shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under this Declaration prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Declaration with respect to such property or portion thereof after the date of sale and conveyance of title. This Declaration, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 12. Remedies. In the event of any violation or threatened violation by any Lot owner of any of the provisions of this Declaration, the owner not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County or, if jurisdiction therein lies, the federal district court for Colorado. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Declaration or provided by law. 13. Waiver. The failure of a Lot owner to insist upon strict performance of any of the provisions contained in this Declaration shall not be deemed a waiver of any rights or remedies that such owner may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other owner. 14. Attorneys' Fees. In the event any owner of a Lot initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. IA2004\ClietsUcnks-192I\Documents\Well Sharing Agmt.wpd -4- 15. No Partnership Created. The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Lot owners. 16. Estoppel Certificate. Each owner of a Lot, so long as it has an interest in the property encumbered by this Declaration, agrees within 15 days of receipt of written request from the other owner to certify in writing for a prospective purchaser or lien holder that this Declaration is in full force and effect, that it has not been amended except as set forth in such certificate and that the other owner is not in default of any of the terms, covenants, conditions, or agreements contained in this Declaration (or, if a default does exist, specifying the nature of such default). 17. Term. This Declaration shall continue in perpetuity. 18. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such Lot owner. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Declaration from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 19. Headings. The headings of the various Paragraphs of this Declaration have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Declaration. 20. Severability. In any of the provisions of this Declaration or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated. such invalidity shall not affect the validity of the remainder of this Declaration and the application of such provision in any other circumstances shall not be affected thereby. 21. Entire Agreement. This Declaration shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no owner shall purchase a Lot in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Declaration shall be binding upon the Lot owners unless reduced to writing and signed by both owners. 22. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this 1.\20174\ClientsVenks-1921 \Documents\Well Sharing Agmt.wpd -5- Declaration and the rights and liabilities of the Lot owners hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Declaration shall be brought in Garfield County, Colorado. IT WITNESS WHEREOF, the Timothy Jenks has caused this Declaration to be executed as of the date first above written. Timothy Jenk STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) )e4v104. Subscribed and sworn to before me this day of , 2005, by Timothy Jenks, as owner of Lots 1 and 2. (SEAL) My commission expires: I-\2004\ClientsUenks-1 921\Documents\Well Sharing Agnu.wpd Notary Public -6- 12/16/04 THL 11:17 FAX 540 11, 4733 VB Custom Homes • Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial BIdg_, 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 APPLICANT TIM JENKS 863 TWIN OAKS DRIVE TROUTV1LLE, VA 24175- (540) 966-4950 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL, 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 37.7 acres described as lot 3, West Elk Creek Ranches division of land, Garfield County. 4) The use of ground water from this welt is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The pumping rate of this well shall riot exceed 15 GPM. 6) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-1923-121-00-087 NOTE: Assessor Tax Schedule Number: R040742 002 1095 WELL PERMIT NUMBER 255360 DIV. 5 WD 39 DES. BASIN MD Lot 3 Block: Filing: Subdiv: WEST ELK CREEK RANCHES APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 12 Township 4 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 3050 Ft. from South Section Line 1800 Ft. from East Section Line UTM COORDINATES Northing: Easting: EXHIBIT A APPROVED DMW State Engineer C�araini Nn Q;(11766 DATE ISSUED 02-23-2004 %`_ B EXPIRATION DATE 02-23-2006 ,