HomeMy WebLinkAbout2.0 Staff Report BOCC 04.11.94ExA- z/<
E:,v 15 -3*]r-q"l LElr{<freU 3rtn16-
t. +ll , ,.\ r. u.a I
Lt L clfL
Pt D VE)Aeap .
7\E,MPfl6^l7*r6* I CrrrPrrro.{5 oF
txYgwet_
BOCC 4nU94
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:An exemption from the dehnition of
subdivision
APPLICANT:Rock Leonard
LOCATION:,,Located in a portion of Section27,T7S,
R88W of 6th P.M.; Located offof CR 107,
approximately one (l) mile north of
Carbondale (Red Hill).
SITE DATA:l0 acres
WATEB:Well
SEWER:I.S.D.S.
ACCESS:Access easement from CR 107
EXISTING/ADJACENT ZONING:A/R/RD
L RFI-ATIONSHP TO THE COMPREHFNSIVE PI AN
The site is located in District E - Rural Areas / Severe Environmental Constraints as
designated on the Garlield County Comprehensive Plan Management Districts'Map.
II. r)FSCRIPTTON OF TI{F PROPOSAL
A Site Descnfrtion: The exemption parcel is located in the Red Hill area, north of
Carbondale. The property is currently undeveloped, and takes ac@ss from an
unrestricted easement from CR 107. The property is heavily vegetated with
pinion/juniper, and includes several rock outcroppings. The existing access road
is unimproved, and may include grades in excess of l0 percent. A vicinity map
is shown on pagt 22'.. --- -- - - r--
B.Project rrescnntion: The applicant is requesting an exemption to split the 10.0
acre parcel into five (5) tracts approximately 2 acres each. The lifth parcel
(shown as Lot l) is being requested due to the natural split of the mid-point of
a southeast-trending ridgeline descending to CR 107. The applicant,s have
submitted a sketch plan indicating the proposed split (see Figure l).
?tf o
t:oUBTT ttof,D I tI7
FTG ufrE I
$nmcn Puaru
LToHARD ErruFTl<rH
H
FMFt}sEE
WELL 5]TE
*Fffio
rEET
Ftguns E
S rope Auauvsrs
Lroruann HeMPTToN -ra'-t
A
W
M
4fflo Stope TDENTIF|ED
EY AFPLEA}IT.
ADornfNAL 4ff4 grrlpE
IDE}ITIFTED BY 5IAFF.
EEEEE-E=E:=={! ! {o rE :a!
FEEI
ir.Lffr I
I
I
lJvr si
l-lfr 4
l-rfi 1.
it-
\
\I
I
I" .t
t
i
\
t
\
\
l-Crr 3
(
-\
c$E*[IUELIf Eltrfrtr
t' ,
I '". .,
t"I '','
I
,- .l'
t -"''"1
i
,t/
,:1.'
EHT
Il,
t1
e.oe Ar
l-sr
I
tI
I
I
lJrr.3e-m ir
I
I
I
t
I
I
I-sr 4e.ol Ar l-l,r 5a-m Ari
LIIr e2-lI3 Ar
/L,2
IIT. MAJOR ISSUES AND CONCERNS
Suhdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total offour(4) tots, parels, interests
or dwelling units will fu created from as that parel was descriM in
the tecords of the Garlield County clerk and Recorder's Ollice on lanuary 1,
1973, and is not a part of a rworded subdivision; however; any parel to fu
diuided by exemption that is split by a pubtic right-ofway (State or Federal
high way, coun ty road o; railroad) or na t ural lba I urc, preven ti ngjoin t use of the
proposed tracts, and thediuision occunalong thepublicright-ofwayornatural
featute, such parcels thereby created may, in lhe discretion of the Board, not be
considered to have ben crcated by exemption with regard to the four (4) tot,
par@I interest or dwelling unit limitation otherwise appricabte;
Records in the Garlreld County Assessor's Offrce indicate that the parcel
consisted of I 0 acres in acres in I 971 (Book 432,page448 (Reception 254356)).
Therefore, up to four(4) parcelsmay becreated through theexemption process.
The fifth parcel is being requested due to the natural split by the midpoint of a
ridge.
Reouest For Natural Sfrlit for Fifth par""l. The operative language contained in
SectionQ.52 ofthe Subdivision Regulations regarding the ffth parcel hinges on
a finding that the split "prevents joint use of the proposed tracts',. In the past,
the Board of County Commissioners have approved "natural splits, based on
county road divisions, creekVstreams, major drainages, and the crest or toe of
slopes. To staffs knowledge, the horizontal mid-point of a slope has never been
proposed as a natural split based on Section 2.52. In staffs opinion, the
applicant's proposal is beyond either the spirit of intent of exempting natural
divisions, and should be denied.
C.-rnin8. Theexemption parcelsareconsistent with the two (2) acrelotminimum
lot size for the A/R/RD zone district. However, based in part on the topography
and access constraints in the area, staff notes that the current draft land use
districts for the proposed Comprehensive Plan call for l0 to 35 acre tracts (see
reproduction of "Proposed Land Use Districts,,on page-3_L.)
I cgal Access. Legal access is obtained from an access easement from County
Road 107. County Road 107 is considered a two-lane unimproved road, with
both vertical and horizontal deficiencies. The access road from CR 107 is
currently a oneJane undeveloped access road, not suitable for year-around
vehicular access. Staff notes that the access constraints, in part, are a
consideration in the proposed densities of the comprehensive plan.
King Lloyd, Supervisor of the Road and Briclge Department, has reviewed the
sketch plan, and had significant concerns regarding the appropriateness of the
proposed density with the access constraints on County Road 107. He also
questioned the ability to provide additional maintenance services.
D
A.
B
E water: and sewer. The applicant has submitted a well peqr4f, backed up with
Basalt Water Conservancy District Contracts 1."" pug"._&{:_!-!D. ^
Sewage disposal for the exemption parcel is ISDS. The soil conservation
,l'f-
Service (SCS) soil profile for the site indicate Based on fieldwork and SCS
information, staffsuggeststhatfutureproperty ownersmayexperience d^ifficulty
in developing individual parcels.
TABLE I
SOIL PROFILE FOR EARSMAN SOIL TYPE
LEONARD EXEMPTION
Development TyW
CONSTRAINT LEYEL
Scvere Modcrate Slight
Shallow Excavations
Duollings (Basements)
Dwellings without
Basements
Loal Strets and
Roads
ISDS (Absorption
Fields)
Source: Soil Survey for the Asfren-Gynsrrm Area, United State Department of
Agriculture (Soil Conservation Service), May 1992. Table 10 - Building Site
Development and Table l2 - Sanitary Facilities.
If the Board approves the exemption, staffsuggests that the following plat note
be included:
"soil conditions on the site may require engineered foundations and
septic systerns. At the time of building permit submittal, the applicant
will be required to have all structural and ISDS plans certified by
Colorado Register Engineer."
Fire Protection. Ron Leach has reviewed the project, and his February 16,lgg4
letter is shown on page 3t . Ron suggested the need for a 10,000 gallon
storage tank for fire hghting purposes. Staffmet with Ron on April 5,1994to
further discuss the exemption proposal, and Ron re-visited the site again on
April s,lgg4,specifically to assess the feasibility ofemergency vehicles to access
the site from the proposed primary access from county Road 107. Ron
concluded that present alignment of the road precludes any emergency access to
the site by Fire Department equipment. In Ron's opinion, the topography of the
site would restrict any reconstruction ofthe road to improve the access situation.
In addition, the wildfirehazard in the area is "extreme", and USFS prevention
guidelines should be followed.
F
Rock Leonard has indicated his intent to upgrade the access, but improvements
to County Road standards in neither+eprded through the exemption process,
or physically possible. E-4f gf**
e It
G School tmnact Fees. Each newly created lot (total of 4) are subject to the
required $200.00 per lot school impact fee.
Natural Hazards. The Lincoln-Devore mapping dehnes the northwestern
portion of the parcel in an area of "major" slope hazard. Based on heldwork and
discussions with Ron Leach, the property is also located in an area of signilicant
wildFne Inazard, due to the predominant vegetation, orientation, and
topographic features on the site.
Conformance with Section 5.04.02 - l-teveloFment Limitations Based on Lot
Slorre. Section 5.04.02ofthe Garfield County ZomngResolution excludes land
whose original and undisturbed slope is or was in excess of 40 percent $0n
from meeting minimum lot size (2 acres). Section 2.02.36 dehnes lot slope as
follows:
"Thegradient of orconfrguration of the undisturbed land surfaceof alot
or building site which shall be established by measuring the maximum
number of feet in elevation gained or lost over each one hundred (100)
feet or fraction thereof measured horizontally in any direction between
opposing lines; the relationship of elevation or vertical measurement as
divided by the hori zontal measurement shall be expressed as a percentile
as a means of quantifying the term lot slope".
I.
H.
J
a
On March 6,1994, the applicant submitted a graphic (prepared by "Lines In
Space") showing 40 percent slopes. In short, the topographic analysis found that
each lot had at least 1.0 acres of area less than 40 percent slope (range = 1.04 to
1.33 acres). Staffreviewed the submittal, and by applying the 100'approach
described un2.02.36, found additional 40 percent slope not shown on the "Lines
ln Space". These two approaches are shown graphically on Figure 2.
Staff notes that the "fraction of' methodology allowed in the code creates
differing interpretations of slope calculations. The important point in relating
the application to lot slope calculations include the following:
The applicant is requesting the minimum lot size allowed within the
A/R/RD zone district;
In order to be consistent with minimum lot size requirements, the ''
applicant must amend the section o[ the Code addressing slope and ,
minimum lot size. A companion application to the exemption requests
an amendment to Section 5.04.02 which would require only one (1) acre
of land to be less than 40 percent slopes. Based on the topographic
analysis, Staffhas signilicant concerns if all lots would meet the amended
requirement, assuming the Board approves theZoneText Amendment
(hearing scheduled for March ll,1994 at l0:30 am).
I
2.
RI M comments: The BLM reviewed the project, and had the following
comments (see letter on pages iUIS )
a
a
The adjacent public land is open for hunting and other dispersed
recreational activities;
Any proposed utilities that will cross public land will require a right-0f-
.l? -
way from the local office.
IV. SUGGESTED FTNNTNGS
I That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That themeeting before the Board of County Commissioners wasextensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garlield County.
V. RFCOMMENDATTON
Due to the slope constraints on the property, inadequate ac@ss (both the proposed
access easement and County Road 107), wildhre potential on the site, and the limited
building envelopes on the property, staffwould suggest that only one dwelling unit is
appropriate for the site. If approved by the Board of County Commissioners, two lots
appears to be the highest density that should be allowed on the parcel.
If the Board feels that an exemption is appropriate for the site, the following conditions should
be considered:
That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
conditions of approval.
Prior to the presentation of a final exemption plat, the applicant shall submit
evidence, signed and stamped by a registered Engineer, that each proposed lot
can accofilmodate a single family residence and a leach field. Building
envelopes, consist with the hnding of the applicant's engineer, shall be shown on
the plat. Any specific mitigation measures shall be included as plat notes.
A Final Exemption Plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, building envelopes approved by a
licensed engineer, and any proposed easements for drainage, irrigation, access
or utilities.
2.
3
I
2.
3
5
6
4.That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
That the applicant subrnit $200 in School Impact Fees for the creation of each
new lot.
A driveway permit, if necessary, shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit.
.20 -
7 The following plat notes, in addition to any mitigation suggested by a licensed
engineer, shall appear on the final exemption plat:
I The recommendations of the colorado state Forester, wildfire
prevention guidelines, specified by the parnphlet entitled "wildhre
Protection in the wildland Urban Interface" prepared by the Colorado
state Forest Service (c.s.F.s. #143-691) shall be followed in the
construction of all structures. No combustible rooFrng materials will be
allowed.
2. control of noxious weeds is the responsibility of the property owner.
,bt u 4oilo rrro.S (*,* flag rD
3 ,)
tJWeue- flrle>
v Jrlt.,f
" 1o :" M ,r.+rr\r\{h\
" c.ox\rrs Jor,,);1 l*vstl\o lZat+,,ta( i*rforug-
" La to1 lOsr6
M<*Ci'o, ,'/ (75'cur F(ccrt
a \lezrr* Lor*,o'[
" Da.[a rTy-*rt)es
" zorrCo.^lrS
{
o I or Gr'i ii:tkrAgpq.qol
" Foa Uvtuatfga *fi6'
fio
I
ry4
Wbrvr=14 FoE,
&lltTr*lve tr<,ra- 4 *eng
@ 33@pua f, ;{A..( (A t'fq
4r Oo gr.^,{
O o
..----.--
I
f
Vi. L*-)'tav,": zdoo'9c.cr-t e t
-l
\\
)
NO.
LINIES-IN.SPACI:l" = 40'
I eo.to-^.& gutbJ iv t=i.,*
A 'Tra_c L^"-[ i]r* ]LW'1,1 S.LrlJ'f .;
tR.ABW 6-ll- P.
oJ
M
t oJ-S"-tL otA- 2'7,'r. '7 g.
Gor-l f e \"1.Cou ,t/,-+t Co\toJ.,o
2'rEFFndi65-
tO:?Z:9-tr-
IEET
I OF |
MN
.i,r
l,i
,!'l
tli
,.i i
li
li
.li
"I.:
'lt
i:
.l
'r ii
'.1
x
,!li
..'
r,l
t!
li
i:,
ri:
r.i
{l
!
t
I
I
I
i
...1
I
-=l
I
f.It
I
- --s-!-:13-LE
'n*r.r.*5. ,l COL' \DO DIVISION OF WATER RESOUP S
g1g centc.,.rial Bldg., 1313 Slrerman st., Denver, bolorad.-. J203
Application must
be complete where
applicable. TYPe or
print in BLACK
lNK. No overstrikes
6ilrasures unless
initialed.
(1)A
NAME
STREET
PERMI T APPLICAT ION FORM
FOB OFFICE USE ONLY:
Receipt No
Basin
DO NOT WRITE IN THIS COLUMN
-m ailing address
Rock A. Leonard
G1enwood. SPrlngsr co 81602
FOR:
I vl A PERMIT TO USE GROUND WATER
I 'rii a pEnlalr ro coNSTBucr A wELL
i ii n pEnulr ro INSTALL A PUMP
} REPLACEMENT FOR NO.
) OTHER
WATER COUBT CASE NO.
I
Dist.
CITY
TELEPHONE NO
l2l
County,
NW
Garfleld
% ol the Nf:%, Section
tN.S'
t{
IE,W
(3)E
Number of acres to be irrigated:
Proposed total depth. lfeet):
Aquifer ground tvater is to be obtained from:
This well shall be used in such a way as to cause
"i" ,ii.'rlil iniury
'io-
existing water .
rights'. The
iiiui".i "t the iermii does noiassure the applicant
lii;;';; i"i,jiv -*itl occur to another vested water
;i;ht ;; pr..ria. another owner of a vested water
;[ili f;il t;;kl;s relief in a civil court action'
(Stat €l (ztpl
(:or)94?226r
2?
trp.-? S,,Rnn. 88 5trr p M
30
Proposed maximum pumping rate (gpm)
Averaqe annual amount of gro
to b"
-rPPtoPriated (acre'feetl:
und water 2;6
29
500
Leona.rd 'del1 No. 1
Owner's well designation
''I r
I I HOUSEHOLD USE ONLY'no irrigation l0)
p(xr DoMEsrtc (11 - :"--' - ( l lNDusrBlAL (5)
Eiii iiv'Eiibdr izr (x:t rRnrcArroN (61
i i ;bMMtnirel iqt ( I MUNTcTPAL (81
GROUND WATER TO BE USED FOR:
() OTHER (9)
DETAITTHE USE ON BACKiIN (11}:'' : ' :'
(4} DRILLER
Llcensed CoLorado drllLer
APPLICATION APPROVED
DATE ISSUED
EXP]BATION DATE :
Name
Street
(STAT E ENGI EERI
(Statcl (zlplCity
BY
COUNTYTelephone No.Lic. No.
t.D.
I,
.t,
II
.{
,..1,
Use the CENTER SECTION (l section, 640 acres) for the well location.+-+-+-+--t--+-+-+-+
!r r M;LE, s28o FEET
-->l+++++
t.;
+
It+
I+-+-
','
which the water will be used must be ,
ED WELL and the area on
,,.ricated on the diagram below
.MUSTBE LOCATEDBELOW
nces from section lines.
?68 rt. from North sec. line
255 ft. from
(north or routhl
l{est sec. line
(cast or we3t)
LOT-BLOCK
-FlLtNG
*
SUBDIVISION
LOCATED own Appllcant
No. of acres t o. 0j8 . Will this be
the only well on this tract?yes
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in. f.o- o tt. to 450 rt.
-in.
from
-ft.
to-ft.
Perforated casing
:
6 _in. rrom 450 t. ,o 5oo t.
in. from ft. to ft.
(9) FOR REPLACEMEIUT WELLS sivedistance
and direction from old well and plans forplugging
it:
,nla
-'+-
I
INORTHI,AI
ll:
I
| - .-i-
I++
+
I+++II
-+-+-+-+--F-+--F--+
The scale of the diagram is 2 inches = 1 mile
Each small uare ts 40 acres
I
+
I
+
so
+
I
+
WATER EOUIVALENTS TABLE lBounded Figuresl
An acre.foot covcrs 1 acre of land I foot deep
I cubic foot per s€cond lcfsl . . .449 gallons per minure (gpml
A family of 5 wlll require approximately t acre-foot of water per year.
I acre.foot . . .43.560 cubic feet . . .325,9O0 gallons.
1.0O0 Spm pumped continuously for one day produces 4.42 acte.teet.
10) LAND ON WHICH GROUND WATER WILL BE USED:
)wner(sl:Appllcant No. of acres:1o. oj8
egal description:Part of N{L/l+ NrL/4 See, 2?, T,? s,, R. 88 lI., 5th P.M.
11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wetls must indicate type of disposalsvstemtobeused' Donestlc, llvestock ald furlgatlon of 2,J00 sQ. feet each for flve slngle-
fanlly dwelllngs. Septlc tank/Leachfldld systens bullt to County standards.
121 OTHER WATER RIGHTS used on this land, including wells. Give Registration and lVater Court Case Numbers. : i
. Type or right Used for (purpose) Description of land on which used
the AppLlcant ls ln the process of obtalnlng a contract ln the arnount of 2,6 acre feet per
year to auguen t d.lverslons from thls reIl from the Basalt Water Conserrrancy Dlstrlct.
13) THE APPLICANT(S} STATE(S} THAT THE INFORMATION SET FORTH HEREON IS
TR THE BEST OF HIS KNOWLEDGE.
TURE OF ICANT(SI
Use additional sheets of paper if more space is required
i:,,.
.t .. ,,1 . .
;i,,'.
t'
(6)
-{- -
I
I
I
n _r;1.lI r
LEAVENWORTTI & LOCHTIEAD, P.C. *
ATTORNEYS AT LAW
I;II t'tAit 5 0 1994j
t,lriI.
LOYAL E. LEAVENWOBTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
HAYDN WINSTON
SAMUELJ. LIGHT
,0, r u"[ir6EGp6f, rJ UOUN'fy
P.O. DRAWEF 2O3O
GLENWOOO SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
March 29, 1994
Mr. Mark Bean, Director
Mr. David Michaelson
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Rock l-eonard
Dear Mark and Dave:
Mr. I-eonard has obtained a Water Allotment Contract from the Basalt Water
Conservancy District to augment diversions from the well which will serve the konard
Subdivision. Enclosed is a copy of that contract for your use at the hearings scheduled on April
LL,1994.
If you have any.{uestions or concerns, please let me know.
Very truly yours,
LEAVENWORTH & CALOIA, P.C.
Srwd-,tl%
Sherry A. Caloia
SAC:eg
Enclosure
cc: Rock lronard
DEAN.SLT
'Effcctivs March 15, 1994, tlrc firm'r namc wm changcd to lavcnwortlr & Crloie, P.C,, rnd Jnmer S. Loclrhcrd ir no longcr urocietcd with tlrc l'rnn,
li
ti:l
i.i
i.{::-,
BASALT WATER CONSERYANCY DISTRICT
WATER ALLOTMET{T CONTRACT
Pursuant to C.R.S. 1973,37-45-131
I-eonard A. Rock (hereinafter "Applicant') has applied to the Basalt Water Conservancy
District (hereinafter the 'District"), a political subdivision of the State of Colorado, organized
pursuant to and existing by virtue of Colorado Revised Statutes, 1973,37-45-101, g[ seq., for
an allotment Contract for beneficial use of water rights owned, leased, or hereifter acquired by
the District. By execution of this Contract, Applicant agrees to the following terms and
conditions:
l. OUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.067 cubic foot of water per
second from the District's direct flow rights and 2.7 acre feet per yeiu of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTIED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, I-andis Canal,
Stockman's Ditch Extension, or other decrees or water righs hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant'S allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other worls and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described on Exhibit "A" attiached hereto; provided that the location
and purpose of Applicant's use of said water shall be tegally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicurt's
contemplated usage for the water allotted hereunder is for the following use or uses:
X Domestic/Municipal
-IndustriaUCommercial -AgriculturalOther
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
L
ri,'.
j
susceptible to service solely by the District's water rights allotted hereunder or the District's said
waterrights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achiJved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
Distriit's watei rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rightJallotted hereunder shall be situated within the boundaries of the District. The District
res.rv"s the exclusive right to review and approve any cohditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
igr."s to defray any out-of-pocket expenses incurred by the District in connection with the allot-
mlnt of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any suc.h
aa3uaication involves more of the District's watei rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any,' necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicabte water right and neither
the District, nor those entitled to utilize the District's decrees, flaY call on any gr%ter amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and inStitute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shatt not be'obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a ptan of augmentation for the District. In any event, the District shall have the
ri[trt to approrl the Applicant's augmentation plan and the Applicant shall provide the District
copi.s of iuch plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4, PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service.
Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
notice from the District that the payment is due. Said notice will advise the Applicant, among
other things, of the water delivery year to which the payment shall aPply and the price which
is applicable to that year. If a payment is not made by the due date, written notice ilrereof will
be Jent by the District to the Applicant at Applicant's address set forth below. If payment is not
-2-
:
,i
I
,I
,!., -rl
,li
.ii:
't.f
i'.
I
'';
It,
i'
i
I
1i
,l';i..
i i,'i
made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of theiipticant's right, title, or interest under this Contract, in which event the
water right allotted heieund., ,n"y br transiened, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi-municipal entity, or govitnmental entity, and in the event the
efpncant fails to^make payments "r r.quir.d heieundJr, the District may, at its sole option and
i.ii,.rt, authorize oiJiriro" or entity to curtait the Applicant's water service Pursuanl to thi;
Cont ..t, and in such event neither tne nistrict nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees-that so long as this
Contractisvalidbudgetand,pp'opriatefromsuchsourcesof
revenues iui may be legalty availabie to the Applicant the funds necessary to make the annual
payments in advance 6f *.t.r delivery prrtu*t lo this Contract. The Applicant will hold
^t
"rmt"ss
the District and any person oi"ntity involved in the delivery of water pursuant to this
Contract, for discontinrun.. in service due to the failure of Applicant to maintain the payments
herein required on a culrent basis.
6. BENEFIT OF CONTRACT: The water right allotted. -hereunder shall be
beneficially,,mannerspecifiedhereinandthisContractisforthe
exclusive benefit oi ttre eppii.*t and shall not inure to the benef,rt of aqY successor' assign, or
lessee of said Applicant without the prior written approval of the Boiid of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now;;;ii;;*fter be subdlvided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
ippticantt rights hereunder only to a homeowners i$sociation, water district, water and
sanitration district or other special district properly organized and existing under and by virtue
;'ih"il;-oittr State oi colorado *a ttrnonty ir such association or special.district
establishes to the satisfaction of the Basalt Water Conslrvancy District that it has the ability and
;;;;tir *rur" its performance of the Applicant's obligations under this Contract. In no
event shalt the o*nri of a portion, but less than all, of the Applicant's property to !e t"rytd
under this Contract, have any rights hereunder, except as such rights may -exist throu-gh. a
homeowners association or 'rpoirf district as above provided. Any assignment of the
alffir*t,s rights under this Contract shall be subject to and must comply with such
,.quir"r.nts as the District may hereafter adopt regarding assignment.o{loltrac!tighq and the
assumption of Contract obligatiLns by assignees and successors, plgvided that such requirements
str1t uniformly apply to all-allotteeireceiving District service. The restrictions on assignment
as herein contained itralt not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible ior the performance of all or any part of the Applicant's covenants
and agreements herein contained.
-3-
I i i.'
'h,r
.1,.
,, : .ii.
:, I.
.i .f'ir'l'
,'t
:
I
7. OTHER RULES: Applicant's rights under this Contract shalt be subject t9 the
Water S.*ir" Pl"n * dopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from thi bistrict. Applicant shall also be bound by the Provisions
of the Water Conseryancy Act of the State of Col-orado, the Rules and Regulations of the Board
of Directors of the Distritt, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the prwisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of bolorado, which Stipulation provides, in part, for the
possible curtailmOnt of out-of-house municipal and domestic water demands upon the occurence
of "".tain
events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
g. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an 'Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
ttre Rules and Regulations of the Board of Directors of said District. Said agreement may
conlain, but not ui timitea to, provision for water delivery at times otlby means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation an-d
maintenance costs, or for other costs to the District which may arise through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth hirein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain nesolution passed by the Board of Directors of the District on September
25, lg7g, and all amendments thireto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rigfrts of the Diitrict, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
-4-
i:rtl
i,
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
A. I-eonard
ll01 Village Road, Suite UL3D
Carbondale, CO 8L623
STATE OF COLORADO
ss.
COUNTY OF Garfield
Subscribed and sworn to before me this 28 day of t"tarch .,
1994, by Rock A. konard.
WITNESS my hand and official seal
My commission expires: fi/B/96
Noary Public
-5-
)
)
)
J:I
. i]j''liii..
t, t::
',. i:,
r;.i1.::ii:l.l
,,,lit-
'illl' :,:r
I
fu-
i;ir:: :.::li :t: ,
ORDER GRANTING APPLICATION FOR ALITOTMET\IT COI{TRACT
ROCK A. LEONARI)
Application having been made by or on behalf of Rock A. Lconard and all parties
interested in the foreioini water Allotment contract and hearing on said Apptication having
been duly held, it is hereby ordered that said Application be granted and-that the foregoing
Water Allotment Contract for 0.067 cubic feet oi water per second from the District's direct
flow rights and 2.7 acre feet of water Per year of storage water oytq o-r, controlled by the
District-is hereby approved and executfo ui and o1 behalf of the Basalt water conservancy
District, for the benehcial use of the water allotted in the foregoing Contract, upon the terr.n-s'
conditions and manner of payment as therein specified and suuiect to the following specific
conditions:
l. In $re event of the division of .the property served by-this Contract into two (2)
or more parcels owned by different persons, the. Application shall establish a Homeowners
Assoiiation or othei entity acceptable to the bittti.t-for the ongoing plymgnt of charges due
under the approved contract foliowing subdivision of the.property described in the Application
on file with the nirtriri -J ttre eppficant shalt give notice to purchasers of alt or any patt 9f
the subject property of the obligation of this Conrict, and shall record such notice in the records
of the Clerk and Recorder of Garfield County, Coiorado. Applicant and-his successors and
assigns shalt comply with all rules anu reguiations not existing or hereafter adopted by the
District to enforce payment of charges due-under the approved ConUact by present and future
owners of alt or any p"tt of the real property served under the Contract'
2. The Applicant shall provide the District proof that the proposed land use of the
land to be benefitted'Uy the watei allotted hereundei has been approved by the applicable
gorr*r.ntal authorities having jurisdiction over such land use, including evidence satisfactory
io the District thdt each lot or larcel to be benefitted hereunder is legally subdivided'
3. By acceptance of this contract, Applicant acknowledges that within two years of
the date hereof or such later date as the District may apptove, the Applicant shall file with the
Water Court of water piririon No. 5 a'water rights pt.nbf
"ugmentation
for utilization of water
allotted hereunder at the location and for tt e pi.poses hereinabove set forth or the Applicant's
water allotment as provided in this contract it au ur included in a water rights plan of
augmentation to be filed by the District with the expenses thereof to be shared Pforatir by the
Contract holders inctuded in such plan; provideil that inclusion of the Applicant's water
allotment in ttre District's plan of .ugr.nt"tion shalt be at the District's sole discretion' The
District may establish an augmentatiJn plan fr to be paid by the tr9!d9r-of any lontract.to be
included within a plan of augmentation io be fited by tlre Dis-trict, which fee shall be payable in
advance of the inclusion of luch Contract in a District plan of augmentation and may be based
on the District,s good faith estimate of the anticipated expense. of. such plan of augmentation'
if such augmentaf,on plan fee paid by a Contract holder exceeds the Contract holder's prorata
portion of the actuJ elpgnr.r iir.uoro uy thg District in completing said plan of augmentation,
ihe District shatt refund such excess to the Contract holder.
I
t.
. t: ,,.
.ii r
ir:,'
ni
1.
i, l'\
i. ll
,, l,'..' fi ;l :
p,
4. Any and all conditions imposed upon the release and diversion of water allotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water
a;; i; w.t.i Division -No. -5
shall be Incorporated herein as a condition of approval of this
contract. Granting of this allotment contract does not constitute the Districts representation_that
the applicant wilireceive a well permit or water rights decree for the land to be benefitted
hereby.
5. If Applicant intends to divert water through a well or wells, Applicant. shall
provide the District . .opy of Applicant's valid well permit for each such well before the Disrict
is obligated to allot wat;; for the benefit of Applicant hereunder. Any well permit(s) issued on
the baiis of this Allotment Conrract shalt be appfea for and issued in the name of the Applicant
and in the event of any transfer of such well permit(s), the Applicant or successor holder of this
Contract shall assign tt ir Contract to the transferee of said well permit(s), subject to the
District's policy regarding assignments as then applicable.
6. The Applicanr has acknowledged that the land to be benefitted Uy thg foregoing
and attached Contraci as described on Exhibit "A" attached hereto and incorporated herein by
this reference.
Approved 1fiis l4th day of March t994.
BASALT WATER CONSERVANCY DISTRICT
Attest:
By:, /,'*,-1, /l'
Secretary U't,, President
-2-
''I
,i
i! u.-EXHIBI T itttAtt
GOUlllt c arBttE!
3tllA OE COtDrrDo .
t''ii,i i '+
fi
L:go.[ qd"tt'* ,' /
[3.. ", r.r,a _t rr.a b tb. titutsy,tlt ot trccloa 27r
t-,rifp ? toott, rrlg. st llrrE ot t!' 6ti ?J' Drr
DrEtlcnlrfty OmcrttrC lr'(ollonr r
l.gt^onflt r€ r golats - ttt tlmts llar-ot- 'rtd slctlon 27 rrhrncr
tbr llorttmlt @rma of u&l qtclton 27 bren ll' 0O drgrorr
O6'3a'I. tl!.59 (..tt
thoacc t. ?! drgrnl'i9'tt' L <'9' (i'G to e polnt on thr llrrtrrly rtght'
of rry of tir {loatf tbldt
ttonco t: tt dogrr!. lrisi- r. lt.6l t!.B'.t!ot ttro llrotrrt, rtght, o( ny ol
uri-'e,-tf rr"oai
thonco 3. !l drgtorr !l'tll' l,; J,l'o' tooE elooq ontrt.illtrt.o-l *f'
ttonca dong ttrr .r. if ! cuala to tt h(E o LtO ttgt t of ntr rhlctr rrc
-tt rrO. I ctord o! t. 2G dagro ' !!'Ol'' I' tO'!' t"Ef
,rracr s. t! drgrar.-irior..i. aa.ot lEr.rof tb..td-rlght ot uryl
tlraco etoog thr ... ; ;' ;t to t!' trd' ; aela-lfqtt-ot- rrtr rlrlch ero
rlliand! r cbord o."tG s. 2l &grrer l3'2!- r' l''61 lort to
;Eta. o old rrrurri rlgb.E ot nr :: ttt GBnCr lo'd'
tblacol..tG,llg.S2t..GtDoir.ototarrrt.rr,..ortoGtlott2T.torrnrhtp?
tosti, rllgo !l lLlB of tia 6t! !'tl','
tirnco tl. 0o dcanrr o-'11' tl' oo!'Xl t"E dlq reld pct'lon llno to Uto
polnt, ot bcataar.ogr;;Lfi'tfii-ro'o(' 6svrG3 '*o'? or ttrs'
ao
' Ioorntzn vfUr rn IGEltt rt lorng tDalod t! tt' ilf/lrxt/l ol
Soctlon 2?, tovruht'P, tmlt' trragr !!-lhtE of Dto 6ttf l'tt"
Ii.lilrii'..;.;iei tt-u c-t o orct rldr ot tto tollorrlng
dracr-tbod *ntorr1,[r-fr;;h, ir-. porrt a tto torurortl
.Dorndrrl ltnr o! tDt-;;-tt lid f*'nrd t!.9fl l!2 rt'lrgo
ll0 b tlo Blcotdr tfE Grrtldltt cnnt' clrct eil trocotdrr
rhoner tio tlorthlrt-*tt of rel'd s'Gtia !f, loero t' lt '
Hir,:':l'i#.ll;i3'i* y.::-r...' ot!?2.!6 (ort
urrnco !t.ll lrot ;; ;-;c to tbr-lrtt trlnt r redl$r
rod r ctord tt.G'i;;'ri gr tttgtttt l3'!3't' !t'tt trc'
uronco tL lE rlrerotloo;ii-i iro':r i;' ;d; crntorllm ol tlrg countr
.Iod.
sro, rtv tla! :J:J:,1'H:'*''3;;&H;i,'ffiIH'HH :: ff'
ot tb 6tb P't'
Ecrrrnq srarl'nrs Hofi:il:'*,ffi sshil{rydt' P.E 3 t"S' :fff fO-ffttr-tbrthrre'Orarr of ssb-
. ,; il;ttr-"a t b- clp r"r rr-Pr"" tor ttr
rrtt'trg @8!tE oC stEJ-zr'-tltt"bli ? soutto tugt tl
hrE ot th' 6ti P'tl'
grnd Urc Suorv
5 rtngto-tudly rerl'itantlrl lotr - looZ
*
'ti,i,t
,i
ii !
ti
L
+!
il
!i
x{
{
\
a)
'ri'
l,li,,:
' :i l,l
l"
BASALT WATER CONSEHVANCY DISTRICT
IMPORTANT
lf you divert water from a groundwater source
(welll you must provide the District with a copy
of a ,aia welt permit from the State Engineefs
office. lrVithout evidence of a permit, the
District can not request retease of water from
Ruedi Reservoir for Your benefit.
When a vatid permit is obtained, ptease provide
the District with a copy. Remember,' if we do
not have evidence ;f a vatid permit, youl
structure will be considered 'inactive" and
water can not be released for your benefit'
Send Permit Information to:
Resource Engineering, lnc.
802 Grand Avenue, Suite 302
Glenwood SPrings, Colorado 81601
Ouestions:
Scott Fifer, Flesource Engineering, lnc'
(303)945-6777
,I
(r\
rEB 2 4 ue4l
ICnrbondale and Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
(303) 963-24e1
-
Qt\ilf ililu UOUNTY
.t
Felrruary 16, 1994
Mark Bean
Garfield County Planner
109 8th st
Glenwood Springs, CO 81623
Dear Mark,
I met with Rock Leonard regarding his application for sub-division exemption for his property
on county road 107. We reviewed the plot plan of the proposal and talked about several other
issues. I would like to offer the following comments to you regarding fire protection for the
property.
As I understand it the property is proposed to be split into five lots with a single family house
being built on each lot. All lots will be served by one water well.
Access to the sub-division appears to be adequate utilizing county road 107 as the main
access road. All driveways and sub-division roads should be constructed to Garflreld County
road standards.
Response time to the property is approximately l5 minutes for fire and medical services with
response coming out of the Carbondale fire station.
Water supply for fire protection should be provided in the form of a holding tank with a
lO,O00 gallon capacity. A fire department connection should be installed at the tank to allow
for easy filling by the fire trucks.
The Colorado State Forest Service's guidelines for rural homeowners should be followed in
regard to brush clearing and b.uilding materials to'reduce the wildfire danger in the area.
\,
The Carbondale & Rirral Fire Protection District has adopted a policy of requesting impact
fees from developers to help mitigate the impacts on the district due to tlte un-precedented
growth patterns we are currently experiencing. The fee arnourtts to $200.00 per lot and I have
advised Mr. Leonard of this request.
If you have any questions feel free to contact me at 963-2491
Sincerely,
Ron Leach, Chief 2*t1 ---G
.I
!
1,,
,l
r',
I .i
,l
lr
li
(.
Hr. tlark Bean
Garfield County Planning l)epartment
109 8th Street - Suite 3O3
Glenvood SPrings, Colorado SI6Of
Dear I1r. Bean:
4, After revier of our lands recordB'
rithin the eubject Private lands'
rr.r nil.r't-v ndrs.ri:6,
I7859
( 7-Bg0 )
there are no federal minerals located
MAR 5 C lee4
United States DePartment of the In q)U}ITYGr'\f#lEIt)
BUREAU OF IAND MANAGEMENT
Glenwood SPrings Resource A'rea
50629 HighrvaY 6 and24
P.O. Box 1009
Glenrvood SPrings, Colorado 81602
Harch 28, t9'14
In reeponse to the reguest for comments regarding the proposed Leonard
subdivieion Exernption focated approximately I mile north oI Carbondale'
i"foi"Uo on Gouniy Boad l@7, I oifer the folloving statements for your
scheduled April ll, l9g4 public meeting. It is ,| ".=urption that the I0' 058
acre parcel ie adjacent to puhlic lands adminieteied by this office' Current
uses of the publil rana inciude rildlife habitat, ancl diepereed recreation
euch ae camping, mountain biking, hunting' and hiking'
I'Theproponenteshouldbeayareofthelocationo{propertyboundariesto
ensure no encroachrnent occurs on pubric ta4d. should any fence construction
be coneidered along a BLH boundary, the fence standards should allor for easy
paEBage by big g"rJ, i. e' Iese than 42' ln height vith a 10" kick apace
betreen the toP 2 Yires'
2.Theadjacentpubliclandisnotcurrentlybeingpermittedlorliveetock
grazing.
3. I am concerned about the increased uee of public land by future regidents
of the subdivision "r,u nhat impacte that use ma), have on public land,
particularly vith off llighray Yehicles. The adjacent public land is open to
hunting and other dispersed recreational activities by the public' The
proponent should be arare that such recreation uEes are alloved on BLI{-
adminietered land'
5. Ile are not arare of the location of utilities for PoYer' telephone' etc'
to the property. If utilitiee are propoeed that vould croeg public land' the
utilitycompanylouldhavetoobtainaright.of-rrayfromthiaoffice.An
environnental assessment report rould be completed as a part of the RDl{
permitting Proceaa.
Ue appreciate the oPPortunitY
questlons or need additional
office at 945-2341.
i.;
Leonard Subdivieion Exemption - Page 2
to comment on this action. If you have any
information, please contact Jim Byere in thls
SincereIY,
ll.lil,,.$,lir
'/il/'"hhL'7Lil2'(-
l{lchaeI S. tlot tice
Area llanager
.i
i...t
l:til
i:l'-.
:: r]:i
,|,
.';.,i1
',,ti:
!!. iii.: ,::.
',,: i|:
r: '1..
:r I t-i.r:l{l:
'i,
ll','
t:.
,:i:
(.,
STATE
OTTICE OF THE STATE ENGINEER
Division of Natural Resources
Department of Natural Resources
1 31 3 Sherman Street, Room 81 B
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
RE
Dear Dave
i*ir+*i=t'Et-tl OOIJNTY
March 3L,7994
Roy Romer
Governor
lames S. Lochheai
Executive Director
Hal D. SimPson
Shte EnBineer
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood SPrings, CO 81601
Leonard F,xemPtion
Section 7,T 7 S, R 88 W,6TH P M
Division 5, Water District 38
we have reviewed the above referenced proposal for a subdivision exemption to create five
lors from a 1,0.058 acre parcel. The fir";;;;;i;;:y.r"h b" approximatelv 2 acres in size' The
water supply ror,r,.iii"'ili, propor"d'to u" p'o'iaed by a singie well that will operate pursuant
to a water allotrnent contract with the Basalt water cor,r.*urr.y'Dit-tt :l (Distric0' The application
for a well permit indicates rhat the ,r.o?*ui"r on ea.h t;-*ill be limited to one single family
dwelling, 2,500 square feet of lawns ,"i;il;,-and the watering of domestic animals'
The applicant submitted a well permit application (receipt no' 365843) to this office on
February 22, lgg4. This applicutior, *lr-r.t'*"a to tft" "ppfitunt
on March 30' 7994 for the
following additional information:
.1)Theapplicantwasrequested.toplg}g"acopyofan.approvedwaterallotrnent
contract with the nirtrili.--it is u^nlikely ";;f q"d:i:lld.be issued for the
profor.d uses witho". ;;p;;;ga r1"t.J."uotrnent contract with the District' or a
p#;;;-";8r""r,o[o" uppioi"d by the Division 5 water court.
2)Theapplicantwasrequestedtoverify'ifthenrono.sg$wellwouldbelocatedless
than 600 feet from any existing well. rf a" *"li would be located less than 600 feet
from an existing *.U, tfrJrrl;.*,it co-uld not be issued unless the State Engineer
finds that circumstan."l-ro warrant uft"' u h"uring held in.-accordance with the
pro."a,riuf rulesin2CCR +OZ-5. Thishearing-may-U!wlye$if theapplicantisable
to obtain statements fr;;;;"rs of all wefis within 600 feet, verifying that they
havenoobjectiontothisproposed*"uu"ioglocatedwithin600feetoftheir
well(s)'
The proposed use of water on each lot will be limited to ordinary household purPoses inside
one single family dwelling, th" irrigution of ,'ot more than 2'500 'q'u'L feet of lawns and gardens'
and the *ut"rir,g oi aoii"rti. ".i-ri;:
- piorp".ti"e tot purchaslers should be informed of the
limitations on water use by means of a plat ,oi" o, .ou"rru'ta We also recommend that a copy of
this letter be given to lot purchasers'
t:f;
ArlR I s 1994
'. t:
Dave Michaelson
March 3L,7994
Page 2
The proposed well is to be shared among the five lots. In order to assure that a Permanent
water supply will be available on an equitable basis to all lots, we recorlmend the following:
1) The well should be located on an outlot owned in common by all proPerty
owners using the well. Access to the well and the right to establish and maintain
a pipeline shall be provided by easements where necessary.
2) The well should be jointly owned by the lot ovrrners.
3) Recorded covenants and/or other mechanisms should establish a lot owners
association with powers to make decisions concerning management and operation
of the well. A joint maintenance agreement is a required part of such an
association.
Under current statutes and policies, and pursuant to C.R.S. 37-90-137, a well permit to serve
the five lots can be issued, subject to the above conditions. The well permit will require the
applicant to maintain a valid water allotrnent contract with the District and to operate the well
pursuant to the District s substitute water supply plan approved by the State Engineer, or to operate
the well pursuant to a plan for augmentation approved by water court.
Please let us know if you have any further questions.
Sincerely,
wb,@
Jeff Deatherage
Water Resource Engineer
/jd
leonard.sub
cc:Orly., Bell, Division Engineer
Joe Bergquist, Water Commissioner
AU8 0 3 1994,
We trust that the appr opri a.te .Garf i el d
monitor the situall"n"inO'dea'to it that these
Thank you for your professional interest
S'i ncere'l Y,
{iABFJELD COT,HTY
August 1, 1994
in this matter
CountY authori ti es wi l.l
concerns are resPected '
StePhen and Helen Low
County Road 107-, P-'P^'^Pox- CarSondale, CO 81623
797097 1
Mr. Davi d Mi chael son
d""ti.r a CountY Pl anni ng. Of f i t:e
Court House Bl dg, 109 8tl1-9t '6Y;;;";;-5p.i ng5, co 81601 -3:lo3
Dear Mr. Mi chael son,
Wearewritingin_connectionwiththeConditionsofApprova]
estabtished by the Galfiefa.'CoJiiv ab"i9 ot Co'nt, Commissioners earlier
this year for the apP.licati;;?o; subd'iviilin-of-a 10 acre lot owne9 bv
Mr. Rock Leonard ad j aq91! -i,r'-or.. -ott'-d;;it Fo"O -107 ' The ni nth
condition refers to modifical-ion-oi the =6iitil'.=tern bank of cR 1o7 at
i;;-;;i;t of i..""= to Mr ' Leonard's propertv '
Wecallvourattentiontr:thefactthattherightofwayofCRlOTis 40 feet a"6oioing to_ a.ocu,i,inis .in or.'pJJ".=rt"n-Jat. ng to 1927 ' Mv
measurements, confilmed by'-; iicencea =';;;t;;- thi.s mornins' indicate
that the present cR lot ! _wh i ch our pr;;;;it b.grd.e1s on both si des '
averases uetw-eEn- 36'and d_g
"i,i"i rn- trr'at-Ii.i. we have noticed a line
of red f l ags recentl y pI aced -on .t1.e sJut"tieasilln -bank of the road
readins north from th-e ..JJiJ rtad-to fi;:-'i;;i1o's propertv' These
f l ags are presentt y_ 'locateg ftiO" if,. UounOrlLs tf- 9ur'propertv ' beyond
theCRl0Trightofyv.ay.Furthermor.,*"..thehi]Isidetobecutawayalons that rirne'o-r'ir?s= o."'.iiv-{r,ing-_b"v";;d ih; cR io7 right of wav it
would leave an unpleasant "t"ll'6iitCilt i; ft"nt of-our house detractins
very noticeabi;'F;;;-*.,e i;;'"'i;;;.i i;; tii; value of the propertv'
we note also that thq a()cess road to Mr' Leonard'S property leads
f or the f i rs{ 3so f eet _trrro,rgh oyr olon"e"tv.-. -ih;
^ easemerit f or that
access road provides a go io-;t= iig[t ot iliv. - The pr.esent road averages
2T f eet we wourd not *rnit*'.i-gni .qt *l'v'"rt6.aEa-.in anv improvement
of the access road, n9r tr,. Jliv i-"igir"'p'r'rri{-;;aLoi1 wnictr borders
ih. road to be disturbed'
Mr.
Mr.
Mr.
Leonard
Thul son
Smotherman
Ccc S:-S
,}
LEOI{ARD SI]BDTVISION
WELL AND RC,AD SIIARING DECLARATION
TIIISDECLARATIoNisq1g.,byRoBERTF.ANDLoUISEM.L.EoNARD,whoSe
address is 1r01 Viuaei Road, srit" uriil i'#;"d.1;,'cil;;;8jizg (r'"r"inafter "Leonard")
on tft" date set forth below'
WITNESSETH:
WHEREAS,I.eonardgYlscer1ainproperty.ingarfieldCounty,g".TlbdasI.otsland
2, respectivuy, d*ro cubdivisio", .il"r-ii"i toit ".pr.itrrli*r
rrrei with the Garfield county
-ir"rt'-a ni*ao l-notptio' No q?gs'q and
WHEREAS, the well named rhe l.eonard No, 1_we11 (hergiyf.ter ''-we11") is permitted
as cororado pirisiin:o1w"t" n"ptoi]"'Tfrtir':*'l N"' ir++r17-F (a copv of said permtt ts
afiached hereto "r-e*r,iui,
A.and i,,."rp"rr:Jhereln il ;i;-;"ference)' Lrmitted for fire
orotection, ordinary household nr*;JJffirjrr,*isi rt irfi"i,Iii'ffi:;s on each of I-ots
l*,;:l..ffi ;*tr"J#urtsliifi:ll:Tl'#ilL1ilH:"3fl:fi I
B.P.f,.,andag"*1'WutoCon'"*''tyDistrictcontractfot2Jacre-feeto
in I-eonard', nu#io';;; i"i an diversions; and
*I{EREAS, I-eonard acknorvledges that tlrS^frrst developer of a lot ftereinafter "First
House,) in the lin.ra Subdivisio;;f;i fi'
'qo-^
;-of *'" costs associated with the
dr,ring of rhe *"il_o *ould rike n;#;;;;t or s0 peiceni or *ia
"o_r,:
*o expenses pnor
to the second developer of a rot o.r.#.ri.r'isoono n'ouJ'l connecting to the well; and
WHEREAS,uponpayment,receivedbyth.eFirstHousefromtheSecondHouseforthe
costs associatea witrr tt " ariiing or:tJ-*tu' iuch s*"J ri""t"' ut described herein' will be
allowed to connect to the well; and
WHEREAS,acommondrilewayoraccessroadwaywillbeu.sedtoaccessl.otsland
2, andr-eonard HJ#il;;iior*,'i,l'i,i", *-J "urie-"ii"i,, "f said lot owners; and
*IIEREAS, the parties *rc::eto desire to set forth their understandings and agreements
with regard .o ,r," n *re ownership, ;;d *.in,"n*I "i iir *"u and anf commonly shared
access roadwaYs'
Now, TIIEREF.RE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy ,;;ff;il;y or *ni"il'ir tr*"uv ackrowledged' the parties
agree as follows
-:, nent, well permit, and water supply
*n*.,,*,il"r$li[*!:t]+',y-*{,'{,}til,';i1"o*n.a.quarvbvtheowneT^
of I-ots 1 and z roffir uenlirt or mtr'ru,i,r1. Each intelesii" th" well shall be appurtenant
F:\FIIJS\LEONARD'lAG
JrnurY 3, 1995
totheparcelitbenefitsandmaynotteconveyedapartfromthatparcel.
2.ThewellpermitarrdB:saltWaterConservancyDistrict.olT"tshallbeinthe
niune of both lot owners] ho*"u"r, tr,.[-*n., or r,ot 1 sh;iuL tnr designated resoonsible party
for receiving ar ,nji--h';c;i oJ bi,ls. Irr I o*n"r_-riai uiu r.t z owner for one-half of
all expense, ^ro"rilf *iit ',t, weu ffi, *i n"*rt w;ter conservancy Disuict contract'
3. Herein reserved and conveyed are Ilno:^t*y easements t*
r?3'JJtt:f #?t[
Irts 1 and|from well, and for tt'".op"odon' mainten-t'' t'tpuir' and renlal
its pump, pipelines, anA weU .q:rp.nr.nr. duch *'n"ii'-'i"y b" shown on the subdivision
exemption ptat, uu?in th" ,r"rtitq ;;ii depicted *t"*"iiaiiros from the as-built location'
an easement 20 reet-in width for a|l;;it ffi:eP"-1'l::.;;l-io-t*t radius surroundins the
well, shall e*ist #ti'" U""tnt of th<xe lot owners using the well'
4.TheFirstHouseintht:subdivisionwhodevelopsthewellshallaccomplishsuch
development to allow for a .onnur,ion-onto -a u* oi &re wett by the Second House'
Deveropment of the we,, howev"n,. ,i'ii uJ ,rG, .o th" ibli;;;t: :il* House shall obtain
a bid for driling ;f th" well, installation of thapump and all common pipelines' and he shall
submit the bid to ,tL owner of the o,["iio,. Both roto;n;rs shall agree upon the award of the
bids submitted ueroie any constru..il; *.ur. I"_th" event ttrat ttre parties cannot agt.,'
nothing ,nar pr"rTn-t
-#r.;* d; ;";;t ;ting th;-wetl and installation of the pump;
however, the non-construiting rot oruner sharl be ,rrponJiui" iorone-tratf of the reasonable cost
li .ont*.tion/instatlation only'
5.Priortohoolruptot]rewell,thel""oldHouseshallpayone.halfofallcosts
incuned by First House for the ";;;;; b"nef't or o"' lot for cbnstruction of the well'
installation of the pump, -common
p,pdi;;;, ;.d y:1*@m:nt' .
uow11.u' each owner in the
well sharl bear the cost of operation,"epar, maintenan":;;; ren]1cem;nt of pipelines or other
items which are not used in *rn oniTfr;;;J';;ld, to proria. warer service to his or her
properry. lt ir. til" ilt"rt or this dAaration that *t:i ;;;;'*iu u" -,fiJlJ:tffifi1"Irfi:
operation, rePur T"'t"lTTl T96i;;ent or fal nart of the water de
well which is solely used to prorror-ni"t"t service to that owner's property'
6.TheSecondHouseshallbeentitledtoconnectontothewelluponpaymentand
the First House shall be entitled tt' [i'U"'*ttnt fo'-ont-f'Jf of all expenses he incurred in
developing tr," *"u (not includi"g^*r,or" '-p*ses
foi improvements which will not be of
common benefrt). rhe First_H*J Jiil,i"o;;."-,tril !;^" i"Ir* or u.ga expenses onlv' rhe
First House strarl provide to I-eon,nJ o, trre then o*n"r-Jtt, ottr.r lot.copies of all bills and
a designation of itre amount "r ,"ir-urir"ment he rr ttr,i"!1itu Yithin
-thttty (30) days of
completion of *re i"U. r-*"t'a "' "tit" ioio*ntt thtU;;idt iuch copies .o any subsequent
purChaser.of that lot'
T.Nothing,however,shallprwen,t:otherlotowner'as-heinhissolediscretion
may determine, tom3{tl,is r,i11#;;11; in whicn;;;;; th" ririt House waives anv right to
conrest such drilling, including *,uJing,t" t.3r1t:"{;ti"t t*t' *tu be located more than 600
feet from the well, and relinquisr,.r'""r"-tar^or tne *}rt pu*ping rate and yield, as well as
F:\ELES\LEONARD'lAG
JuurY 3, 1995
-2-
one_harf of the Basalt Water conserva,cy District contract to the second purchaser' in which
event no reimbur;;"; f";.onrt u"tiJ. Jril"'*"ir rtJru" required from rhe other lot owner'
S.Intheeventofashared'lell,pumpelecuicchargeswillbebilledbytheelectric
r#,*T##::l'ilt"JJ,tt1,?13,T#BtiTffi ffi i;},Hff H'f;',#lJ"i',Jiifls#
hoorup to the *ru;;G;;d Houg. gactr tot shall be.iliuJro no ,* ihan one-harf of the
water withdrawn rrlir-,f-#f.-o;iy those lor owners "J;Jiy ;ing the well shall share in the
cost.
9. In the event that any user of the well determines that repair' maintenance'
improvements, or replacer-nents "" 'J'*ty t9-th: we]f sllctutt-'-'1ffi"ffi;ji
fJ:?*',f mfif lf t*:1,,:ll:1'#i#1if ii'5i1"ffi fi i{#ro'ipr..io"-o
payment of such ,"p^irr, maintinance,, improvements, o' l"pru"J*"no' should the users be
unable to agree, uiv uio shall be ;;tla to make *u t"a all reasonable and necessary
imorovement, *nilii #:J;d.I f";!F"e"t r'1'1-tliifi of the well' pump' pipeline' or
appurtenant faciliti-es,;i-;h.l1.n9.tirv ttre oiher u"' i'J*"'iting or the resulting costs and
expenses. rn" ounJr'rJ o*n., ,nar iil"x';."r'**"ril1J";;Jalf of the.reasonable cost of
any necessary .;;;;.L -a repair ffiilffi ,n"v u.loi less than the furl one-harf amount'
l0.Allcommonexpenses:rndcosts'":Tlj"rtheoperation,repair,maintenance,
and replacement of eagh we[, its pu-mp, and common pipelines' oi any commonly shared access
roadway, sha, be paid equalty uy eac[';.ll ;;;;';;.t''n";;;e*"v iny lot owner within thirtv
(30) days from the time ihey arc p-reslnted for payment' i; th" t'lnt ti'"t "ny
such user/owner
fails to pay his ", il;;;,as set rorrl-in ,t. pi"uiou, paralraptr, in^terest on the unpaid amount
shatl begin ro accrue at eighteen- percent (18'i")n"1 -nu'i: e"'liq.g: from the date such
costs or expenses were presentea r91;nvment.'rn ttre errrith" non-paying user/owner shall fail
to pay any such J;;iilint rrrt ;##;,hi;; i;r'rontt" l'9L *" date of presentment
for payment, the p"r*.n.*ho 1"1!:;-;;" .ort, -d'J*p"it"t tn", be entitled ,o reasonable
attorneys, r.", in'out"ining a jrag*.ni ioi corection oi trrr amounts due, in addition to any
other remedi., "ujffi;;-h; oiio-.quity for breach of this Agreement'
ll.I,tlisdesignatedastherepresentative"forbothlotownersforthepurposeof
performhC annual maintenanc", '"p'ii,--;G;ti;" "ril" *"ir and road' Such representative
is authorized to spend up to $300.(0'; op"r"tion, ,n.iri,rn-.e, and repair of the well and
$300.00 on mai#enance-and repair or tn, roads *uJry. -sucf renresentative shall request
reimbursement of one-half of any ';;;; spent frgq.the other lot owner in accordance with
this agreement and shall provia" u,'irir;6iii "f di;;ipts' In the event that repair or
replacemen, o, ,"iotenance cost"-exceed- S3OO'OO p";;;' the other^lot owner shall be
consulted, ana Uotfr lot owners ,f,"f i "g"" ol^+" ttn"itt' replacement' or maintenance to be
performed ," ,"r-ior,i-in p.ogopt*6.ra z0 herein' il t# event the parties are unable to
agt@,or in the event of an .*.rg"""v, iooing ;n"rilnt"t"il "'I:t-party
from making
reasonable and necessary repprr, ,i"irili'-t", -iA replicements as is necessitated by the
situation, in wnictr .rr" ih" other rtio'"n" shali be ;;;lilfor one-half of the reasonable
and ordinary expense for the no"r,,rf"r.p"rr, *rv t*dlrii-*ay be ress than the full amount)'
F:\FILES\LEONARD'TAG
Iuuery 3, 1995
-3-
,
12. Each user of the well shatl use not more than his proportigrtt share of the water
physicalty availabte iiom ttre wett. w;;.;;ithdrawn from the well shalt be only for use upon
the parcer as described herein. rn" ,u"io irom the well shall be used in accordance with any
other terms and conditions imposed o" ,t" *Jf p"t'it' Each lot may have no more than one
house and one guest house, and may inigate no more than one-hatr or the allowed square
footage of lawn and garden area and ;#; no more than one-half of the allowed domestic
13.I-eonardshallassignone-halfof.theBasalt.waterConservancyDistrictconmct
to the first purch;;i; lot, wio shall then be responsible for one-harf of all payments and
sha, ensure that such payments ue maae. Ironard inat *.t " the payments and bill one-half
of the amount to trre rirst House. upon sare of the second rot, I-eonard shau assign the other
one-half of the Basalt water conservancy District contract to such purchaser. I-eonard or such
second purchaser J a rot sharl then # ;rp""ribre Jor one-half-of the payments under the
contract. payment sharl be made in accordance with paragraphs 2 and.10. payments shall be
made by both fot o*i"rr-r.grrOt"r, oi *netne' such lot oin"tt have developed the lot'
L4. No well user shall waste water, and-the owner of each interest shall exercise
prudence and conservation in the use of the water. The owners of the interests in each well shall
exercise ,urt, p-oJn*--a conservation in oro", to arlow ior efficient and beneficial use of the
well, and to avoid;;rd""i"; trre aquifer and well pump unnecessarily.
15. In the event that any third party, governmental, or judicial authority imposes
future requirements or restrictions on the well br its ,se by any of itre owners of the interests
in the well, the owners shall jointly ;;ilt with such requirlments -or restrictions so as to
ensure a continuing water supply ro, *"nip""91 Td snAiinare equally-any costs associated
with such compliance. An augmentdi;;;fi wifl-be r.quir.o to be fired in water court in the
near future, ild tfr" tf,"" "*iers
of tt " *tff shall be responsible to file and prosecute such
animals
Water Court case.
F:\FILES\LEC,NARD' IAG
Juuery 3' 1995
16.Intheeventthatanyuseroftheweltdisconnectsftomthewell,thatusershall
have no right to reimbursement or payment for sums contributed purslant to the tenns of this
Agreement. The user who remains. conn."iJ tot the werl shafl thereafter be solely responsible
for common costs and expenses of mainienance, repair, operation, and replacement of the well'
,ut"p, common pipeline, and other facilities'
17. Either lot owner may construct the common driveway or access roadway for use
for both parcels. rt " r"t owne.ut o ioiti"t s construction shall, however, before construction
obtain a bid for construction of the ,o"J -J present such bid to the other lot owner' Both lot
owners sha, agree to the construction. rn the event that the parties qol agr,*, nothing shall
prevent either lot owner from constru,tint tf'" road; howevtt' tt'" other lot owner shall only be
responsible for one-half of the ,.rron"bl""rxpenses intyTf in UuitOing the road' which may be
less ttran ttre full amount. The constru.ing roto*ner shall construct such driveway for common
usage. Herein granted is an easement ior any commonly shared access roadway or access
roadway n**yTo o."r, tt " aA.ioininifot as such ,.V i" shown on the plat or as built and
in prace no more than 30 feet in *iati for use for roadway access and utility placement
-4-
purposes.
ls.Thecostsincurredinbuildingthecommonaccess'".id*.1,]hallbesharedas
between the two lot owners. The .onrt r.ti-ng rot owner rfiar provide.copies of the bills and
an accounting of all expenses incunea in LuiloIng tte"ommon Jccess within rhirty (30) days of
completion to I-eonard or then o*rri or oIr., rot.
"--rt r buitder shall be entitled to
reimbursement for one-half of the "t*A to* to build gt fu to be shared in common only'
and other lot owner shall pay ,u.r, .orilnJitti" ,r,inv €o);;;;r t:tytT of a building permit
for any strucrure ;" hi, ;i'or if the ioad is buitt upon .ioting of the o+"1 lot with the next
subsequent purchaser, whichever "u'ni;tui' n"'' hghtt;-;o[ection shall be as set forth in
ParagraPh 10.
lg.Theownersofthetwolotsshallshareequallyinpe*',':fmaintenanceand
repair of the *,nrJiiy ,-hr.d dry#y ; "*!tr io"a.-'rt "'t*o lot owners shall agree on the
maintenance to be performed and the uiiting to be accomplished. In the event that no agreement
can be reached, any lot owner Jt;;*9 for reasonatte maintenance of the roadway
(snowptowing of #;'r";;i"r, i"#ri+"; of snow, t"p;; not fol-es-1hich
are more than
six inches (6,) deep, regrading, -o rrt*r6ri"g ,t";"O;d may then reguest payment from
the other lot owner. in the event oi nonp^yrnent, "ir*,i* i'rethods in accordance with
ParagraPh 10 herein shall aPPIY'
20.ThisAgreementshallinuretothebenefitofandbebindingupontheparties,their
heirs, devisees, ,;;;,*r, administrators, assignees' transferees' and successors in interest'
2|.ThelanguageusedinthisAgreement.aldallpartsthereof,lhallbeconstruedas
a whole according to its plain ,n*rr#;9;iF;,1y for or against any party' All parties have
*r.rlt palticipa6d in the preparation of this Agreement'
22. If any covenant, term, condition, or p-rovision contained in this Agreement is held
by a court of competent jurisdiction to U' in'ufia' ifftgi'-oi un"nfot*Ut" in any respect' such
covenant, term, condition, or provision shan be severed or modified to the extent necessary to
make it enforceabte, and tt e r"suttini';;;;;;r shall remain in full force and effect'
23.Thisdocumentembodiestheentireandcompleteagreernextofthepartiesonthe
subject matter t"r.i".-N".prori[-lir"a"t*ang i*"u*n-made by any Party' and no
understanding exists with respect toihctransactions contrrnpr.t a, exceptas eipressly set fortlt
herein. All prior and contempo*,*u, negotiationr -JunirrstandingJbe*een the parties are
ffi;;"d and merged into this Agreement'
24.ThisAgreementmaybeamendedfromtimetotimebyamendmentsmadebythe
parties in written fori and executed in the same manner as this Agreement. This Agreement
shall be recorded with the c.rrrJa-bounty clerk -o n*"aei and each party shall be
;t**O* for one-half of the recording costs'
25.ThepartiesagreeandintendthatthisAgreementshallrunwiththeparcelsofland
described i" r.;-f;d z inabr ;;;;d';; -o urnri't upon those properties'
F:\FILES\LEONARD'rAG
Jrsuary 3, 1995
-5-
26.ThisAgreementmaybeexecutedinduplicateoriginalcounterparts,eachofwhich
shall constitute an original, but all *t'itn tf'Al constitute one and the same document'
2T.ThetermsofthisAgreement,andtheobligations,duties,responsibilities,and
benefits thereunder, sha, survive.closing on any conveyi"?i "r real property described herein
and shall not merge *ittt tttt deed or oth"t con'eyance documents'
INWrrNEssWHEREOF,thepartieshaveexecutedthisAgreementonthedayandyear
set forth next to their signatures'
Date:75
F:\FILES\LEONARD'lAG
IeaurrY 3, 1995
this of
I*onard and M.
Robert F.
/r/i
Bv Rock
e,L
srATE oF coLoRADo )' ,) ss.
CoIJNTY or $cvfiaA)t
Acknowledged, subscribtd' -9 sworn to before me
*ggqsby Rock 6nard as Attorney-in-Fact for Robert F'
lfrS#not mY hand and official seal'
My Commission exPirett r lrtQ k
konard
Date:5
Louise M.
By Rock Ironard as AttorneY-in-Fact*
*PowerofAttorneyisfrledwiththeGarfieldCountyClerkandRecorder.
&^'
My Commission Expires 7-7-96
-6-
PublicOFSTATE