HomeMy WebLinkAbout1.0 Applicationo
P.O. Box 35
Silt, Colorado 81652
September 21,1983
Tim Callahan
Telephone (303) 876-5693
o
homro ck Ou rYoying Ourvices
'. t 'l 1
;i ,
iiMark Bean
Dept. of Development
Garfield County, Colo. 81601
Mark,
Ken Mattingley change his mind again.
Enclosed is a cost estimate to provide the excavation needed on
Chipperfield Estates together with estimated costs for a 4,000
and 6,000 gallon holding tank (fibreglass). TotaI construction
costs estimate for Chipperfield Estates would now be 512,700.0O.This includes the S1,000.00 per newly ceated lot.
We intend to possibly install a concrete 5,000 galIon tank. If
this is done the cost would be si-gnificantly less, but are pre-
pared to agree to the improvements agreement with a cost estimate
of S12,700.00,
Hope this change doesnrt cause to much of a problem.
ntuTim Callahan
o!{ner
I
\
BECK,SHRUM & ASSOCIATES, lNc.
o.ENGINEERS .PLANNERS'
Puf f er bellY East
215 Pitkin, Suite 2O3
G ra nd J unct ion, Colorado 81 501
(303) Zaz'1227
Thomas P Beck, P' E.
Daryl K. Shrum, A.PA.
August L2, 1983
BSA-220/52I.01
Subject: ChiPPerfield Estates
Dear Tim,
Thefollowingisarevisedengineerls-costestimateto
either a 6r000- gallon or a 4r000-gallon water storage
supplement the flre protection system at Chipperfield
tlr. Tim Callahan
SHAIV1ROCK SURVEYING SERVICES
P. O. Box 35
Silt, Colorado 81652
cc 3 Corres/out
s2l . 02
4,000-q aIlon 6,000-gallon
install
tank to
Estates:
Fiberglass tank
Frdight ( IumP sum)
Installation ( Iump sum)
Road excavation ( lump sum)
Total:
s5,200
250
800
1,500
$7,750
Thomas P.
Pr i nc ipal
me a call.
truly yours,
Beck, P. E.
$6, r50
250
800
rr500
$ B, 700
is greater than
This is due to a
ASSOCIATES,INC.
As you can see, the cost of the 6r000-ga11on tank
the 10,00O-galion tank in our previous-estimate'
*.j"t price-increase which occurred JuIy 15'
If you have any questions, please give
VerY
;[:,;,:7 (. 1
I
Il:-
j St
IN THE |'IATTER OF THE
FOR WATER RIGHTS OF
KENNETH R. MATTINGLEY
IN THE COLORADO RIVER
TRIBUTARY INVOLVED:
IN GARFIELD COUNTY
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 82CW138
APPLICATION
AND CINDY M. MATTINGLEY
OR ITS TRIBUTARIES
DRY HOLLOW CREEK
flLt[N. IN DISTRICI COURI
riil,4iEn Dlvtstoil 5, coLoRADo
JUN 2 i 1983
MARIE TALAMAS, CLERK
)
)
)
)
)
)
The above entitled application was filed on
amended by Stipulation on March 17, 1983, and
undersigned Water Referee for Water Division
Colorado, by the Water Judge of said Court on
was
No.
the 19 rh
AMENDED
RULING OF REFEREE
June 9, 1982, was
referred to the
5, State of
1982, and again,
with article 92
after stiPulation, oD March 17, 1983,
day of Ju1y,
in accordance
of chapter 37, Colorado Revised statutes 1973, known
as The Water Right Determination and Administration Act of I969.
undersigned Referee having made such investigations
are necessary to determine whether or not the statements in the
application and the amendment thereLo are true and having become
fu1ly advised with respect to the subject matter of the application
and the amendment thereto does hereby make the following
as the Referee in this matter, to-wit:determination and ruling
And the
2.
fnc. , and
September
Referee to
AS
l. The statements in the application and the amendment thereto
are true. The Statements of Opposition have been withdrawn by
Stipulation and the Referee hal- made no determination with respect to
the Statements of OPPosition.
Statements of Opposition were timely filed
by the New Multi Trina Ditch Co., and as a
2i, Lg82, the application was re-referenced
the Water Judge for Water Division No. 5'
by VaIley Farms,result, on
by the Water
3. The Statements of Opposition vrere withdrawn by Stipulation
fited on March L7,1983, and;; March L7,1983, the_apPlication was
again referred to the Water Referee by the Water Judge for Water
Division No. 5. The pertinent parts of the Stipulation have been
incorporated into this Ruling of Referee.
4. This is an application for underground conditional h'ater
rights for Mattingl"y WLfl No. 1, Mattingley Well No. 2, tilattingley
Weif No. 3, Mattingley Well No. 4 and Mattingtey Well No. 5 as set
forth in the Stipuiation; for a change of water rights permitting the
storage of the abplicants' interest in the water decreed to the Multi
Trina Ditch to be stored in Mattingley Pond No. l, Mattingley Pond
llo. 2, Mattingley Pond No. 3, and t'tattingley Pond No- 4 and for
approval of a PIan for Augmentation.
5. A. Under round Water Ri hts I to 5 inclusive will be
of the 6th P. t"l. at or nearl'1att ngr ey Wells No.
located in Section 34, T- 6 S-, R. 92 W'
the following points:
(
ft{ie'3
Name of Well
Feet
Line
South of Northof Section 34
Vlest of East
of Section 34
Feet
Line
We l1
WeI 1
I{e11
We1 1
Well
No. I
No. 2
No. 3
No. 4
No. 5
800
150 0
2400
1100
2000
Feet South of North
Section Line
2300
2300
2300
1500
150 0
Feet West
Sect ion
of East
Line
(2) The amount of water claimed for each well is
0.033 cubic foot of water per second of time.
(3) The date of initiation of appropriation for eachof the welIs is May 18, 1982.
( 4 ) None of the we}ls have been completed and noneof the water has been diverted and applied to beneficial
use.
(s)
I ivestock
The proposed use of the water is domestic,
water and lawn and garden irrigation.
B. Change of Use
(1) The applicants herein are the owners of 450
shares of the Multi Trina Ditch water rightr or 1.258 ofthe water decreed to said ditch. The records indicate thatthe applicants are entitled to an average annual diversionof 55.24 acre feet of water through the Multi Trina Ditch,the water having been used for the irrigation of lands
owned by the applicants and their predecessors in interest.
(2) The applicants propose to construct four ponds
having a total capacity of 11.42 acre feet of water, forthe purpose of storing water for use in connection with thePlan for AugmenLation described hereinbelow.
(3) Mattingley Ponds No. 1 to 4 inclusive will belocated in Section 34, T. 6 S., R. 92 W. of. the 6th P.tl. atthe following points:
Center of
Pond Axis
Pond
Pond
Pond
Pond
No. I
No. 2
No. 3
No. 4
1900
1700
110 0
800
(4) The data concerning the size
each of the ponds is as foll-ows:
1B 50
r90 0
1s00
1800
and capacity of
Height
of Dam
Feet
Pond
Dimens ions
Feet
Length
Dam
AF
Sur face
Acres
Active DeadStorage Storage.
AF'
Pond
Pond
Pond
Pond
No. 1
No. 2
No. 3
No. 4
75
75
100
100
0.34
0.26
0. s7
0.57
IO
10
IO
10
200 x
150 x
25O x
250 x
75 2.4I
75 1. s5
100 3.44
100 4.02
0
0
0
0
( 5 ) The ponds will be f illed by that l-lu1ti TrinaDitch water which is owned by the applicants herein, andthe balance of the direct flow right owned by theapplicants in the Multi Trina Dit.ch will be used for direct
irrigation of land owned by the applicants.
(6) Applicants are the owners and claimants of L.25percent of the water diverted by the Multi Trina Ditch
under the following described priorities:
-2-
&5
Numberof Priority Amount
of c.f S
Appropr iation
Date
Adj ud ication
Date
I3 4A
L52
1s3
6
24.66
20
t0 /20 /Le04
09 /0L/t905
03/07 /t908
Lt/22/teL3
02/22/teL3
o2 /23 /re23
acre foot will befoot will be used
will be used for
C. Plan for Augmentation
(1) The applicants are the owners of approximately
64 acres of land located in Section 34, T. 6 S., R. 92 W.
of the 6th P.t',1. which will be developed for residential
purposes.
(2) The purpose of the plan for augmentation is toprovide a dependable and legal supply of water for fivelots to be developed on the 64 acres of land owned by the
appl icants..
(3) The water rights to be augmented by this plan
are Mattingley Wells No. 1 to 5 as described in 5-A above.
Each of the wells will be used to supply to one lot in thesubdivision, for household use, for livestock water, andfor irrigation of lawn and garden.
(4) Assuming occupancy of 3.5 persons for each of
the 5 dwellings, 100 gallons of water per day reguired for
each person, of which 10t is consumptively used; the
watering of ten head of livestock, reguiring 30 gallons per
day per animal, of which I00t is consumpLively used; andthe irrigation of not more that 10r000 square feet of lawns
and gardens, the total annual consumptive use of water will
be 0.92 acre foot. Of this amount
used for household purposes, 0.335for Iivestock- water, and 0.39 acreirrigation of lawns and gardens.
0.195
acre
foot
( 5 ) The annual consumptive use of 0.92 acre foot of
water which will be withdrawn by Mattingley Wells No. 1 to5 inclusive will be replaced to Dry Hollow Creek and the
Colorado River by releases from Mattingley Ponds No. I to 4
inclusive, according to the following schedule:
January 0February 0March 0
Apr il 0Ilay 0June 0
July IAugust I
September I
October 0
November 0
December 0
33 Gallon,/Minute
33 Gallon/tlinute
33 Gal1on/ltlinute
42 GaIlon,/Minute
7L Gallon/Minute
91 Gal1on/Uinute
11 Gallon/Minute
44 Ga11on,/l'linute
19 Gallon,/l{inute
40 GaIlon,/Minute
3 3 Gallon,/Minute
33 Gal1on,/MinuLe
= 14730
= 13305
= 14730
= 1814 5
= 31915
= 39310
= 49775
= 4L740
= 29810
= 18080
= 14255
= 14730
Gallons
Ga I lons
Ga1 lons
Ga1 lons
Gallons
GaI lons
Ga I lons
Gal lons
Gallons
Gal Ions
Gallons
Gal lons
300525
299830
Ga lons
Gallons
The surplus water in the ponds is adequate to compensatefor evaporation losses
The Referee, having made the necessary investigations, does
conclude that the above entitled application should be granted as
fo1 lows:
A. MatLingley Wells No. 1 to 5 inclusive, as described in
Paragraph 5 above, are each hereby awarded a conditional waterright for 0.033 cubic foot of water per second of time, to be
used for domestic, livestock water and irrigation use, with
appropriation date of May 18, l9|2i provided always that said-3-
ear
.92 AF
O C
quantities of water is on the condition that said water be
diverted and applied to a beneficiat use within a reasonable
;i;;;--uUject, however, to aIl earlier priority rights of others
to the integritio., and tabulation by the Division Engineer of
"u"t--p.i"ii[i"" and changes of rights in accordance with law'
Application for a quadernnial finding of reasonable
ditigence shall be filed in dprif o! 1987 and in April of every
fourth calenair year thereaftir so long as claimant desires to
maintain these conditional water righti or until a determination
has been made that these conditional water rights have become
absolute water rights by reason of the completion of the
appropr iat ions .
when requested to do so by the applicants herein, or
by the owners of [tre lots described above, the state Engineer
shatl issue ariiling permits for I'lattingley Wells No. l to 5
inclusive, subject to- reasonable conditions of approval.
B. The change of use of the applicants' ovrnership of t!'
Multi"trinEtitctr water, as set forth in Paragraph 5-B above is
hereby approvedr dnd the water may be used to fill Mattingley
ponds No. I to 4 inclusive, for flter use for augmentation t ot
for irr igation.
c.
and if
Paragra
Matting
affect i
the Col
meter
submit
and
adm n
(
on ea
mete
ph 5-C above, will Permit the d
1ey wells No. 1 to 5 inclusive
ng other water rights in the Dr
orado River.
The Plan for Au mentation is
stere in accor a nce with
one contemPlated bY 1aw,
the PIan as set forth in
iversion of water from
without adverselYy Ho1low Creek Drainage or
a totalizing flow
to 5 inclusive and
Division Engineer;
The PIan for Augment,ation is hereby approved subject
to the following conditions:
The applicants will install measuring devices as
oivi=ibt, Engineer at the inlets and'outlets of
No.lto4inclusive;
(1)
approved by the
MattingleY Ponds
2l
ch
r
The apPlicants will install
of the MattingleY Wells No. I
readings at the reguest of the
(3)Thesepticsystemsfortheresidencesshallbe
of the non-evaporative typer and aII return flows therefrom
shall be to th; Dry Hollow Creek Drainage'
It is accordingly oRDERED that this ruling shall be filed with
the water clerk and shall become effective upon such filing, subject
to Judicial review pursuant to section 37'92-304 C'R'S' 1973'
It is.further ORDERED that a coPy of this ruling shall be filed
with the appropriate Division Engineer and the state Engineer'
The Ruling of Referee dated the 19th day of April, 1983, is
hereby cancelled.
-4-
e os
Done at the Cit.y of Glenwood Springs,
of June, 1983.
Cororado, this Ztsj aay
BY THE REFEREE:
Wat ree
Wate ivision No. 5
State of Colorado
No protest was filed in'this matter, and accordingly the
foregoing ruling is confirmed and approved, and is made the Judgment
and Decree of this Court; provided however, that the approval of this
PIan for Augmentation shal1 be subject to reconsideration by the
Water Judge on the question of injury to the vested rights of others
during any hearing commencing in the two calendar years succeeding
the year in which this decision is rendered.
Dated
ater J 9e
\,' G,e4 s3
-l 4lAnsrl
-5-
rt}srtYcfsEr t
tt {i
99ard of County Cormissioners
Glenrcod Sprinqs
Coloradc eisot-
RE: Chipperfield Estates
Gentlgllen:
I requested that there would be a 10,000 gal storage tank forthis subdivision, but I nave iince learned that there is apond that can be used for a-nii.. supply,,o f am willing toappnoye a 5,000 gal storage tank.
Augusr- - . l9B3
Sincerely,
Keith CrandellFire Chief
{'t €
Silt-New Casile Fire protection District
HOLY CROSS Ir-ECTRIC ,ISS&IATION, INC.
3799 HIGI{WAY 82
P. O. DRAWEII. 250
GLENWOOI] SPRIN(}S, COLORADO 81602
ARF]A CODI.]
303
945-549 I
f\;**:Illi. *
J' ' :,' "' l
It;l,,"'
d,ir-i_ ,
i rl itii
, ti
.t l
June 30, I9B3
RE: Chipperfield Estates
Dear Mark:
l -.'u' J
,tiit,:;;;*ol fu,f *rrr.';1rdft
I,Ir. Mark L. BeanGarfield County planning Department2014 Blake Avenue
Glenwood SpriDgs, Colorado 81601
The easements shown on the revised prat for chipperfierdas we have reviewed them together alpear to be ilricientcovering anchors necessary to supporl the Iine.
Per our discussion, r would recommend the addition ofthat the utit-ity easement incrudes the rights i"-pri""with guy wires outside of said easementr ds required.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.d24.,* T-'
Estatesin
a statement
anchors
Winston
Staking
WC: vp
Chaffin,
Eng i nee r
I I
I
D
a A
.ENGTNEE* . PLANNER'.
Pufferbelly East
215 Pitkin, Suite 2O3
Grand Junction, Colorado 815O1(sog) 243-tzzlBECK, SHRUM & ASSOCIATES, tNC.
Thomas P Beck, PE.
Daryl K. Shrum, A.PA
As you requested, we have prepared an engineer's cost estimate toinstall a 10,000-ga11on water storage tanf to supplement the fireprotection system at Chipperfield Estates:
Mr. Tim Callahan
SHA},IROCK SURVEYING SERVICESP. O. Box 35
Silt, Colorado 81652
Subject: Chipperfield Estates
Dear Tim,
FibergJ-ass tank,Frieght,1.s.
fnstallation
cc: Corres/Out
s2I .02
Thomas P. Beck, p
Princ ipal
June 77, 1983
BSA-163 (S21.02)
1 each
J{"riV B ,: /gBJ
8rfu,.i,-. '' ,, ;;'" .*rr, r, \;. ir]. ; .....
1..,t' 'Jl,l;\
$5,500
260
by Owner
is;760
As an alternate, the owner could use a steer tank instead of afiberglass tank. A steel tank, however, has a life expectancy of5 to 15 years compared to 50 years for a fiberglass tank. Thecost for a steel tank, including freight, wourd be approximatery$4,070.
ff you have any questionsr please give me a cal1.
Very
K OCI TES, INC.
truly
, SHRU
ou ,
Ea
o o
D J, DUFFORD
WILLIAM G, WALDECK
EOWIN G. RULAND
HUGE D WISE
LAIRD I MILBi]RN
JOSEPH C. COLEMAN
RICHARD H. KROHN
WiLLIAM H. I FREY
AMANDA D. BAILEY
DUFFORD, WALDECK, RULAND,
\^/ISE & MILBURN
A.TTORNEYS AT LAW
9OO VALLEY FEOERAL PLAZA
P O. eox zlBa
GRAND JUNCTION, COLORADO 8I502-2IAA
June I0, 1983
GEORGE S, GRAHAM
RE'IREO
AREA COOE 3O3
TELEPHONE z4z-4614
BETTY C. BECHTEI
BARRY GRIFF
MARK T. P]FHER
David Ladd, Esg.Assistant Attorney GeneralState Services BuildingI525 Sherman Street,:ia FloorDenver, CO 80203
' rt'.: .i " 1,-: t ,il_ ,
Dear David:
Enclosed. is a stipuration we have prepared which r feer is incompliance with our dilcussions of iriauy making provisions forthe addition of the three water rights adjudicated to the MultiTrina Ditch which were enumerated in the Mattingley Application.rf the stipulations seem to be.in p.op.r.form, would you pleaseexecute original and three copies ind'mai1 tlrose-aiiectry toKenneth R. Mattingley, 42BO Cbunty R;.; 33I, SiIt, Colorado87652' Mr' Mattinglly wirl circui"f.-In" stipulation to RusserrGeorge and Larry Green for -their =ign.iures and then file theoriginar with the court and return ine-otrrer signed copies to meto be disbursed among the various attorneys.
An additionar copy is encl0sed for your file until youreceive the fu11y executea copy.
tncere Yt
J DUFFORD
DJDlsb
Enclosu res
cc3 Russell George - h,. /encl.Larry R. Green - w. /encl.Jean CoIe - w. /encl.Kenneth R. Mattingley - w. /enel.
o o
Duane Woodard
Attorney Genera!
Charles B. Howe
Deputy Attorney General
Richard H. Forman
Solicitor General
@lrr $tutr nf Ouluruiltr
DEPARTMENT OF LAW
STATE SERVICES BUI LDING
1525 Sherman Street,3rd. Fl.
Denver. Colorado 80203
Phone 866-3611 & 866-3621OFFICE OF THE ATTORNEY GENERAL
June 15, f983
Kenneth R. MatEingly
4280 County Road 331Silt, Colorado 8L652
Dear Mr. Mattingly:
_ Enclosed, please find the original plus three copiesof tl," stipulation in this case executed by myself on behalfof the state Engineer. r appreciate your Looperation inthis matter.
RE: CASE NO. 82-CW-138
WAP: fmacc. Jeris A. DanielsonRussell GeorgeLarry R. GreenD.J. Dufford
Jean Cole
FOR THE ATTORNEY GENERAL
c-lr,E;rt ) aaoruL*
WILLIAI"I A. PADDOCK
FIRST ASSISTANT ATTORNEY GENERALNatural Resources Section
o
couRT, WATER DIVISION NO. 5, STATE OF COLO
I2cw13 8
o
DI STRICT
Case No.
' '.:,c"; )
,i.1,
STIPULATION NO. 2
CONCERNING
I"IATTINGLEY
TRIBUTARIES
COUNTY.
THE
AND
APPLICATION FOR WATER RIGHTS OF KENNETH R.CINDY M. MATTINGLEY IN THE COLORADO RTVER OR ITSTRIBUTARY INVOLVED: DRY CREEK HoLLoW IN GARETELD
Applicants, Kenneth RObjectors New Multi Trinaand the Protestants, JerisEnewold, Division Engineertheir respective counsel,
. Mattingley and Cindy M. Mattingley,Ditch Company and Val1ey Farms, Inc.,A. Danielson, State Engineer and Leefor Water Division No. 5, acting bystipulate as follows:
1. The partisubject to approvalof April I9, 1983,adding to Section 5subsection (6) whic
Numberof Priority
es to this Stipulation requeof the Court, to amend andentered in the above entitle
st the Referee,modify the Rulingd proceedi.g, byof the Ruling a
L.25
Ditch
.A
h
Under
11 read as
round Water Ri
o1lows:
hts
w1
(6) Appticants are the owners and claimants ofpercent of the water diverted by the r'luIti Trinaunder the following described priorities:
Amountof c.f S
Appropriation
Date
Adjudication
Date
I 34A
752
1s3
6
24 .66
20
t0/20/re}4
0e /0t/L906
03 /07 /te0B
rr /22 /tet302/22/L9L3
02 /23 /te23
2- Except as amended and modified by the addition of asubsection (6) as quoted above, the Ruring of May 1t,19g3, referredto above wilI remain as originally entered.
3. Effective upon execution of this stipulation by counsel forall parties, filing of the stipulation with th; court and entry of anamended and supplemental ruling by the Referee in accord with thisstipulation, the protest to !h; nirting of May 1g, rg83, filed by thes!1te Engineer and the Division engin6er for water Divi.sion No. 5wirl be considered as canceled and withdrawn and of no further forceand effect.
oo
4 - The parties to this stipulation regu.est the court tore-refer this case to the Referee for implementation of thisStipulation.
DATED this l3th day of June, 1993.
FOR THE ATTORNEY GENERAL STUVER & GEORGE
By:
DavAssistant Attorney GeneralNatural Resources Division
1525 Sherman Street, 3rd FIr.Denver, CO 80203
DELANEY & BALCOMB
arry .G reen BAttorneys for Valley
By:a-L-l-z-tl-CRussell George ( f509Attorneys for Objector to
New Ivlulti Trina Ditch co.
L20 West Third StreetRifle, CO 82650
DUFFORD, WALDECK, RULAND, WTSE& MILBURN
t^{
arms, Inc.
81602
fttys forP.O. Box 2188
Grand Junction,
3)
icants
co 81502
t_Ladd (09809 )
By:
D
AP.O. Drawer 790
G1 enwood Springs, CO
TOWNof SIlr o
P.O. Box 174 Silt, Colorado 81652 303 876-2353
June 14, 1983
,;)
, !tGarfield County
Department of Planning
2014 Blake Avenue
Glenwood Springs, Colorado g1601
RE: Chipperfield Estates Subdivision
Attention: Cynthia M. Houben
Dear Ms. Houben,
Keith Crandel tFire Chief
concerning the fire protection for chipperfield EstatesSubdivision, I reconrnend a minimum or ib,OOO-gil. waterstorage. The proposed rocation on the ilp-i; ;Ti right.
This water storage should be prain'ry marked and we wourd'like permission io use fire waler storage tor-ttre su*oundingarea. we would Iike year round access-to the siorage tank,with the roads kept cl.ar ai-ait times.
I would also recommend a freezeproof stand pipe with 2% inchnational standard thread
S i ncerel y.
'#.dC*'"/"2(
i
l
t .Ji,/,i J. i, ]j,.,.iJ
G,ri,
...','t
o
SUBDIVIST ON IMPROVEME NTS
This agreement mad.e und entered into this
WT$[ESSETH:
Whereas, the subdivider, as a condition of
day of
ana _CinGarfield County, heiinifter
,1-983, between Kenneth R. Mattj.ngleythe Board of County Commissiorr"i" ifcalled the ,'County;.
o
to enter into a Subdivision Improve_by Section 3O-28-132, C.R.S. t-gZg,of the Garfield Couniy Subdivlsion
IIo!I' therefore, in consideration of the forlowing mutual covenantsand agrreements, the subdivider and the county agree as folrows:
1 ) The subdivider agrees to the earthwork removal necessary tosatisfy the couniy road "rp.rri"o, of adequate sight distanceat the entrance oi parcers 2,3:-and 4. said earthwork to beremoved in the area designat6a'on-ttro plat or--itripperfieldEsates as Dedicated ad.diii;;;i iight of way.
2) The subdivider agrees to installing a 5,o00 galron fireprotection. holding tank and apropriate ip"rtErr.ncesnecessary to the function of 3ailf holdin! t";k:Approvar of the silt Fire oisiiict sharr suffice thisrequirenent.
3 ) The subdivider agrrees that those certain public improvements tobe cornpleted shai' be constructed by Febrauary,rg.5, in com_pli_ance r.rith the following:
a) All final plat and other documents submitted prior toand approved by the county at the time of final platapproval.
b) 1111 lar'rs of the unitedstates, state of cororado, Garfielclcounty, and its various agencies, affected speciat districts,and,/or serviceing authorities.
c ) Such other cles j_gns , drawings, maps,and other matters submitted to andabove-stated g,overnmental entities.
of Chipperfield
ments agreementas amended, andRegulations i and
Estates, wishesas provided forSection 3.10.0I
approval of the final plat
specifications, sketchesapproved by any of the
be amend-in writing
4' Parties h"l:a? mutually agree that this agreement mayed from time to- time pioria"a thai sucn amendment beand signed by alI p".ii."a hereto.
oa
rN wrTNEss WHEREIF, the parties have hereunto set their hands andseals the day and year fLrst written above.
ATTEST:
Deputy CIer k the ard
STATE OF COLORADO
COI,'NTY OT C,ARFIELD
ch rman,o Coun Comm ss onersof Garfield County
La ndy M.Matt ngley,o$rner
s Agreement was acknowledged
day of
BY:
Ke nneth R.Ma ttj.ngley,ohrner
STETE OF COLORADO )
COTINTY OF GARFTELD )ss.
The foregoing Subdivision fmprovement
before ne this
4.D.,1983, bY
County commissioners of Garfield County,
VITTT{ESS I,IY I.IAND .]lI[D OFPTC.IAL SEAL
l{ot ary Pub Lic
Col-orado.
IIy commission expires:
,
, Chairman, Board of
Ai.ATE OF COLORADO )
COTNITY OF GARFTELD)
SS.
The foregoing Subdivision fpprovements
before me this
Agreement was acknowledged
day of4.D., 1983, bY Kenneth R. Mattingley and Cindy M. Mattingley.
I,TITNESS I'{Y HAND AIID OFFIC A\L SEAL
,
Notary 1c
My commission expires:
oo
DECLARATTON OF COVENANTS, CONDITIONS AND RESTRICTIONS OP
CHIPPERT'TELD ESTATES.
lilhereas, it is the intent and purpose that the within Decrarationgovern and control the developmenl and use and occupation of thissubdivision, Decrarant hereby-aectares that the foliowing covenants;restrictions, conditions and easements which are herej.n promulgatedfor the purpose of protecting the value and desirablility of andwhich run wj'th the subdivisi6n and be binding "1""-"rr parties havi.ngany right, tj.tre or interst in the subaivis+6rr-oi "rry part thereof ,their successors-and assigns of every descrlption, ind sharr inureto the benefit of each owner thereof-.
sEcTroN 1.All natural draJ.nageplaced in these channelsinsure historic run-off
channells shall not be diverted. Arl culvertssha1l be sized by a registered engineer tois not di.sturbed
and are not to be usedallowed for by each
sEcrroN 2.All wells sha11 be for in_house usage onlyfor garden or lawn watering purposes except asindividual well permit
sEcTroN 4.
Reservoi.rswithin a chainas to protect
SECTTON 3.Existing irrigation ditches srrall remain undisturbed andtheir originar pos5-tJ.on and sharr not be used for purposesthan irrigation, fire protection holding tank refilling.
built for augmentationlink fence the gate ofthe safety of chlldren
SECTTON 5.
. TI," fire protection holding tankat the southeast corner of paicel 2plat ) and access to this tank shall
purposes shall be enclosedwhich sha1l be secures soin the area.
IN
other
will be placedthe subdivisionall obstructions.
of 5,000 gallons(as indicated on
remai.n clear of
SECTION 6.a1I parcel ovrners shaIlsha1l be restricted to theunless under the immediate
have no more than three dogs Gach andconfj-nes of the parcel of 6ach ownercontrol of the owner of each parcel.
SECTTON 7.
Ti:e outside burning of any trash, rubbish or other materiarsshall be absorutely piohiuitia. narueques are exempt from this regu-lation- I{eed contiol burning is ;;;;; from this ieguration.
SECTTON B.
No lot shall be divided into two or Tore rots, nor conveyed orencumbered in any less than the fulr original dimensions.
ao
SECTTON g.
The owner of any parcel shall not suffer or permit any noxiousor offensive activity to be conducted, carried on or practiced onhis parcel or within'his iesiden";;-;;, shalr any activi_ties beallowed which constitute nuisanc;-;r";;"vided by raw, or that wirldetract from the res:.aentiar ,.i,ru,-rllsonaure enjoyment and qual_::Ir:L:l: subdivisi;;- --J;'avins oi ,""o" ls exempt rrom this re-
fnvalidation of any one ofment or court order shal1shall renain in ful1 f"r".
restrictions by judge_other provision which
these covenantsin nowise affectand effect.
or
any
The covenants and restri-ctions stated herein shal1 run with andbind the parcers r""uai"i"iorr) f;;-.-t"r* or twenty years from thedate this Declaration in-i".orded, arier which tim6 they shall beautomatically extended for successi_ve periods of ten years. ThisDeclaration may be o*.rra.l during in" iirst .t$renty years periodby an instrument siqnea by not less than B0?{ of trre- parcel ownersthereafter bv an initrumeit,.ignea-by--r,ot less than 6o% of theparcel ow.r".i. Any amendment must be redorded.
rI{ I'{rrldEss r'IHEREotr the Declarant has caused their namehereunto subscribed thi;to be
dayof
, 1993.
I(e nneth R.l.latti ng1 ey, owner
^?iTTEST:
State of Colorado )
County of Garfield )
The foregoing instrument
day of
Cindy l.I.Ilatt rngley,as owners.
WITNESS t4y HrIND -:lltrD OFFICfAL SEAL
c l-n dy j'I lriatti ng1ey,owner
was acknowleged befere me this
,1983 by Kenneth R l,lattingley and
ss.
a
No tary Pub Lic
My commission expires: