HomeMy WebLinkAbout1.0 ApplicationRECE;VEDf.lAR0ZZ00t
APPLICATION FOR
Subdivision ExemPtion
LaFr enz Subdivision ExemPtion
A TRACT OF LAND LYING IN SECTION 25
TOWNSHIP 5 SOUTH RANGE I}WEST OF THE 6.h P.M'
GARFIELD COI-INTY, COLORADO
FEBRUARY 28, 2OO1
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
SUBMITTAL REQUIREMENTS :
fui apprication which satisfied the review criteria must be submitted with all the following
information:
a Sketch map at a minim,m scale of 1u-200' showing the legal desctiption of the
property, ai.*ioo and area of all lots or separate-interests to be created" access to
a pubfic rignrof-way, and ary proposed easements for draimge, irrigation, access or
utilities; and
B. Vicinity map at a minimurr scale of 1":2000' showing the general toPographic and
gmgraphic relation ofthe propoJo*ptionto the surrounding axeawithitrtrro (2)
miles,forwhichacopyofU'S'A'S'q""a'-gt"rlapmaybeused;and
C. Copy of the deed showing ownership by the applicant, or a letter from the property
or#er($ if other than the applicant; aod
D. Names and addresses of ownerc ori""oro of land immediately adjoining and within
200 fest of the proposed cr(emption, mineral owners and lessees of minerals owners
of record oi,t"'pioperty to U.o.topt"d, and tenasts of any structure proposed for
. conversion; and
E.Evidenceortr,"soiltypesandcharacteristicsofeachtype;and
F. proof oflegal and adequate source of domestic water foi-each lot created' method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and *,-i^.nar rrrrr.r or s osed, a letterG. If connectionto a comnnmity or mr:nicipal wd€r or s€wer system N prop(
from the g;;;G body stating awillingness to serve; and
H. Narrative o<plainiig o't'y ottption is being requested; and
\
1
Pursrant to C.RS. (1973)Section 30-28-101 (10)Subdivision
Regulations of Garfield County, Colorado,19E4, the
of County
Commissioners of Garfield CountY,to division of
acre tract of land into tracts of
acres eactl more or less, from the definitions
of "srbdivision"and Iand"6l the tenns are used and defined in C.RS. (1973) Section 30-
28-l0l (10) (a)- (d) and the Garfield CouutY Regulations for the reasons statd below:
L
J
It shrll be demoostrated th6 the parcel oristed as described on Ianuary l' 1973 or the
pucel as it orists pt*"*ty is o; of not more than three parcels created from a larger
parcel as it oristed on lauuary l,1973 '
.
As3o0.o0feemustbestrbmittedwiththeapplication.
T oa
Petitioner
0 J
Mailing Address t
Telephone Number
v
City State
E)(EMPTION
APPLICABILITY
TheBoard of county commissionos h.l the discretiooary power to exempt a division of land from
the definitioo of zuMivision and th.,*y fr.;til;ro..a*i in these Regurations, provided the Board
determines that zuch orempion '.riU oot-i-p"il fl dtft?l the statd purpose of the Subdivision
Regurations no, u"-a"t i.*ta to the ilfi p,rblt" ,r"r.". The
-Board shall make oremption
decisions in accordance with the ,.qrrir.rr*,s of these regulatigns. Tollowing a rerriew of the
individual frcts of each applicatioo io right orthe requirernenis of these Regulations, the Board may
approvg conditionally approve or deny an oraaption' -att
a-pplication fo1 or{Puon must satis' at
a minimum, ,u ord"l&o* cdter[ ["JG";. compiance with the review criteria, howwer,
does not €nsure ore,mption. The Board ato ..v considir additional factors listed in Section 8:60
of the Subdivision Regulations'
A No more than a total of fo,r (a) 10ts, parcers, interests or dwe[ing ,nits will be created
from aoy parcel, as that parcel ri* aJririued in the records of the Garfield couoty clerk
and Recordeds Office oo l-u"'v t'litz In o9g * qt'{1-l^:1T3,pd"n' the parcel as
itexistedonJanuaryl,lg13,*,rrrh"'""been35ircresorgreaterinsizeatthattimeand
not a part "f ;;;;rai srbdivisioq, howwer, any parcel tJU" divided by exemption tlat
is split by a public right-of-w"V ?Si"" or.F:d;i highway, County road or railroad)'
prwenting jot or" of the propo# [""rr, and the divisiJn o"*t along the public right-of-
way, zuch parcels therebycreil-;rv "i tt" discretion of the Boar4 not be considered to
harre been created by ore,ptiot Jii"Lg.a to the fo,r (a) lot' parcel' interest or dwelling
,nit limit*ion otherwise applicable. For the purposes of definition, all tracts of land 35 acres
or greater i;;;;;i,i.n* l*tary f, rgZ: wilt count as parcels of land created by
exeinPtion since JanuarY l, 1973 '
a
bfl
500662 B-9S8
I-iILDRED AI.SDoRF
P-638 J4IIS96 O3:28P FG 1 OF 2 REC t€T
GANFIELD CCIJNTY CLERK A}.ID REMBDER 11.00 29.00
TEIS DEED , Hade this dEv of
.JCEII C. SlLVmCt
Novreder 01, 1995
b€treen
of the county of GIREIEI,D
colorEdo, of the first Part, ald
mA.S J. LAFREIE and CEIJA A. ISFREM
ard statG of
xh6. lesat address is 2000 County Road 237, Silt' C0 81652
of the countv of GTREIE;D and state of cororsdo, " i[:fiT p[i*52s0,000.00 l-lJrTNEssETH,ThatthesaidpartyofthefirEtpart,forandinconsidlratimof
TI{' XU}IDRED XIIIETY THOUSAXO DOLLARS A}IO OO/IOOTIIS
and other good ard vetuabto corsideration to the Bsid pcrty of thG first p€rt ln h.End Psid by thr.s€idParti€ of tha
second part, ths receipt $ere;f is hereby confca3ed aitd act<norteogea, hal grantcd, b.rgsined, sotd ard coNcy€d, and by
these presents does gr{rt,-L.g"in, seti,'conrey ana cmtinn rnto ihc'gaid plrtlcr'.of thc 3ccord p'rt, th'ir heirr ard
assigns forever, not ih tenancy in coflrrcn but in ioint ti4!1;%";!l th. fotioring dGscriH tot or plrccl of t'nd,
i;ffi"ii-[inp,;.^';n; coutv 6f GaREET'D s'd state of cotorrdo' to r'it:
SE EXEIBXT II1i",lf,EMEED EERTTO At{D I&DE A PTRT EBET:
also kmrn os street ruIoer 2OOO GINIY RCIAD 237, SILT, @ 81552
TGEIHEn xith alt .nd singutar the hcreditamlnts and appurt.nscea thcrGto b.tonging, or in anyuiac 8PP.rtainlng, and
the reversion and reversiom,'i"*ina"" arra rmirders, ""n['", i"i,*" and profits theieof; ard 8lt the estst', right. tltte
ilieilii,-iiii" ".ro a"*na *i"i"oir"" of the 3aid parti of itr. fi""t Part,'eithcr in tar ol Gquity,of, in and to thc
above baigained prslises, xith the hereditilEnts ard aFPurtcnaEcs'
ro HAyE AIO TO nOtO the saii-pi*i""i .uor. u..g"iir.a-"na a"acriucd, Hith the epFJrt€mnco',ur.g,!h:-::id Prftic' of
thc sciond p".i, ttr";. tr.i." ind-"!"i;* ioiir".. tni thc said party-of thG firct part, for hin:ctf, hie hcira' arccstort'.
and odrinistrators, docs covenant, grant, bcrgain "tta "grui-io !r,a ritt th' said frtiis of thc sccond P'rt'-th'in heir3
and assigns, that at the ti* oi irtl enseating and detiiery of thssr presents,.hc ls rctt sclzed of th. PrGol3G' tbove
coNeyed, s of Eood. "u"., p."i*i, atuoiutc-*ra inaereasiuie esi.tsot idte;itatrc., ln lfl, ln frc sirPt., 'rd ha good
right, futt porer and tertut-auitroriti io g..nt, bargain. sett and convcy the s5p in mmr "d fom s afor6aid' and
that the s",E ar. free and "t"e. iror'"ti iormi ana-ottrir g""nt", b"rg"ins, 3.tes, tlans, taxco, rs3c8$Ents and
mcurbrercB of Htrstever k ind or nature sorylriHtffiiiEiiEElt:tilEg Xr.rb'ib-rsiE$Et-vrs-FcR EE }EAR 1ee6 * ffi-ffi ct:fu-rnEumG,--FEsERvetrroE,-ngsancrrols,@l'EtiBlrrs
RE@RD, IF !l{Yr
and the aboved bargained prmlses in the sJiet and peaceabtc posscssion of.said partias of tha sccond part, ths suruivor of
thdr, their assigns ard 1," r,"i"= and assi'gns of ",*tt "r."iroi;t;a;i;a atl and Lvcry P.rscr oF pcraom tarfutty etaioino
or to ctain thr Hhote or any part thereof, the said p".ty-oi-ii. ii""t p""t shatt and iritt ufnnerf AID toREvER DEFEID' ThG
singutar mrter shatt inctrde the pturat, the Pturol, th. "ingri"., "nO
itt.,t" of my gender shalt bc eppticabtc to etlq
6 gerd.rs.
lx r,,lIlEss tlHEREot,
Hr i t ten.
C\signed, seated and Detivered in the Presence of
STATE Of COTONADO
Co6ty of
GNREIE.D
The forcgoing instrurEnt ras rcknetedged before m this day of lil9t eldc€r 01, 1996
by JCEN C. SALVITCCI
the ssid party of the first part hr3 hcreurto sct hi8 hand and scal the dsy rnd y'!r fiEt 'bo"
C u
.+1aa/LLl- 3t- t? lrll{y cdmlsston exPlres t t )
uitn.r" "y trand LnO officiat seat. t
IJARRAIIIY DEED - TO JOiNt TGruNttcf,221:!85.22I!85 qt22l38s
Mason & Morse Real Estate
801 Colorado Avenue
Glenwood Springs, C0 81601
NOTARY
PIDUC
FILING STAIIP
Fom tDJf 02
s.
il
JOHN L. TAUFEFI & ASSOCIATES, INC'
Landscape Anchiceccune / Land Planning
February 28,2001
Board of County Commissioners
Garfield County
109 8th Street
Glenwood Springs, Colorado 81601
Re: LaFrenz Subdivision Exemption - Silt, Colorado
Dear Commissioners,
On behalf of Thomas J. and Cecilia A. LaFrenz, I am pleased to submit this Petition for
Exemption to divide a43.22 acre parcel of land into three (3) single family residential
lots consisting of 2.55 acres, 2.37 acres and 38.30 acres respectively. The property is
located north of Silt in Section 25, Township 5 South, Range 92 West of the Sixth P.M.
The physical address of the property is 2000 County Road237 '
The purpose of the subdivision exemption request is to provide the LaFrenz's child an
oppo.turity to obtain ownership of real property in Garfield County. Tom and Cecilia
Li1renzwill maintain ownership of Lots A and C while their son and daughter-in-law
would purchase Lot B.
PROJECT OVERVIEW
Property Description
The property is located east of County Road237 (Harvey Gap Road) at the mouth of the
.*ytr.^ One single family residence as well as a number of agricultural outbuildings are
located on the property. Access to the residence is via an existing gravel road from
County Boadill. The East Lateral of the Farmer's Irrigation Company Ditch runs
through a portion of the parcel and supplies Silt Project water for the property'
The western half of the property is inigated pastureland while the eastern half is
comprised of native rregituiion consisting ofjuniper, pinon pine, sagebrush and native
grasses. The land is primarily used as a horse ranch.
The proposed building sites of the exemption parcels are situated in areas that have been
cleared ior agricultural operations, are situated on relatively flat slopes and thus will
require minimal disturbance to existing vegetation and terrain.
I
9O9 Colonado Avenue o Box 2?7 1 o Glenuzood Spnings'CO 81604
(s7o) 945,-1397 ' FAX (97O) 94=-7914
Property Ownership and HistorY
The property, as described in this submittal, has existed in its current configuration prior
to January i , 1973 , is larger that 3 5 acres in size and is not a part of a recorded
subdivision.
Tom & Cecilia LaFrenz purchased the property from John C. Salvucci in 1996. Mr.
Salvucci purchased the pioperty inlgTL The property, under Mr. Salvucci's ownership,
*u, n.r.i subdivided. The property has existed is its current configuration prior to
January 1,1973.
Potable Water SupPlY
The property contains one (1) well ( Permit # 200052) permitted to serve up to three (3)
single family dwellings. Because the well permit applies to the entire LaFrenzp:oP.:rty,
which consists of theixemption parcels as well as ,five (5) Antleis Ofchard De-v-glopmenl
_ Tracts, application has been mqOe to the Division of Water Resources to arnend-the well
ftenpft-fO-mdTirite only the exemption parcel. {, . ,., i (
1
As proposed, the well will be shared by the three (3) exemption lots. Utility,
maintenance and access easements for the potable water distribution system are indicated
on the Exemption Plat.
A well sharing agreement, outlining responsibility for costs and maintenance of the
potable water system, is attached in the Appendix of this application.
The well was pump tested for a fotr (4) hour period and water samples were taken and
analyzed. The pump test data, bacteriology report and well completion report are
included in the Appendix of this application'
paul Bussone, P.E., Resource Engineering, Inc. has analyzed the pumping capacity of the
well and has determined that the well is capable of supplying the three lots. His letter
regarding the capability of the well is included in the Appendix'
Irrigation Water
A portion of the LaFrenz' inigation water rights will be allocated to the exemption lots
foi outside irrigation use. The LaEenz' presently have rights for 95 acre feet of Silt
project Water. The irrigation water is delivered to the property via the East Lateral of the
F#ner's Irrigation Ditch that runs through their property. A total of 55 acre feet of Silt
project wateiwill be allocated to the exemption lots. A total of 45 acre feet will be
allocated to Lot A; 5 acre feet will be allocated to Lot B and 5 acre feet will be allocated
.1
2
to Lot C. Distribution of the irrigation water will be through an existing irrigation
system.
Utility and maintenance easements for the underground system are indicted on the
Exemption Plat.
Access
All lots within the exemption have legal access to County Road237. Access to Lots A
and B will be via an existing gravel road from County Road 237. A proposed thirty foot
(30') access easement overlays the existing road. Lot C will have direct access fromCountyRoad237..,...,l-.-,.,)'-tl,ri
Sewage Disposal
The method of sewage disposal for all three (3) lots will be by means of ISDS. The
existing residence on Lot B has an individual sewage disposal system in place. prior to
submitting for building permits, percolation tests will be performed on Lots e and C to
determine the most appropriate sewage disposal system for each lot.
Soil Types
The U.S.D.A. Soil Conservation Service soil survey mapping indicates that the subject
property is located within three (4) different soil types. The soil types include the
following map units: l) # 2l - cushman -Lazear stony loams; 2) #41- Kim loam, 3)
#51 - Olney loam and # 67 - Torriorthents-Rock Outcrop.
Cushman-Lazear stony loams are found on the eastern end of the exemption property and
are outside the areas proposed for residential building sites.
Kim loam, is found on 3 to 12% slopes. This series consists of deep, well drained soils.
The soils are located on sloping terraces. This soil type has moderite limitations for site
development and residential construction. Limitations are moderate regarding septic tank
absorption fields.
Olney loam is found on I to 12% slopes and consists of deep, well drained soils. These
soils are found on nearly level alluvial fans and valley sides. These soils are similar to
Kim loam soils posing moderate limitations for site development, residential construction
and septic tank absorption fields.
Torriorthents-Rock Outcrop is found on 15 to 70yo slopes. While these soils are located
within the exemption property boundary they are far removed from any proposed
development.
J
The U.S.D.A soil survey interpretation tables are included in the Appendix of this
application.
Fire Protection
The property is situated within the Burning Mountain Fire Protection District boundary.
Don Zordel, District Chief, has indicated in writing that the Fire District will provide fire
protection services to the properties. A letter from Mr. Zordel is included in the
Appendix.
Compatibility With Surrounding Land Uses and Zoning
The zoning (A/R/RD) and proposed single family residential land use of the subdivision
exemption is consistent and compatible with surrounding property because the
surrounding zoning and residential land uses are the same as the exemption parcel. All
Garfield County zoning requirements will be met. There are no zoning variances
requested with this exemption application.
Easements for Utilities, Access and Maintenance
The necessary easements for utilities, access and maintenance for the proposed exempt
lots are shown and described on the Exemption Plat.
Conclusion
We feel that the LaFrerz Subdivision Exemption request has satisfied the requirements of
the Garfield County ZoningResolution and the Garfield County Subdivision Regulations
and that the request is in compliance with the Garfield County Comprehensive Plan. All
the necessary submittal materials are included in the application. We anticipate
presenting this Subdivision Exemption request to you in the near future.
If you have questions or need additional material, please do not hesitate to contact my
office.
Sincerely,
L
4
John L. Taufer, Owners Representative
)-a
)
ii::iF|ESOUFICEIIIIIIIIENGTNEERING INC
Mr. John L. Taufer
John L. Taufer and Associates
PO Box 2271
Glenwood Springs CO 81602
January 29,2OO1
RE: LaFrenz Well
Dear John:
We have reviewed the welltest data by J & M Pump Company and bacteriology report
by Laboratory and Radiation Services which you provided to me regarding the LaFrenz
Well. Copies are attached.
The bacteriology report shows no total coliform present in the sample. This indicates
that the well is drawing water from a ground water source which is not contaminated
by surface water.
The results of the four hour pump test shows that the LaFrenz Well yielded 8 gallons
per minute (gpm) for four hours. Recovery data, although limited, indicates reasonable
well recovery. During the pump test a total of 192O gallons were pumped. This will
meet the normal water demand for three homes with limited irrigation. Average
in-house uses are estimated to be about 1,o50 gallons per day (gpd).
please note that the pump test was conducted during the winter when well yields are
expected to be at their lowest.
lf you have any questions, please call
Sincerely,
RCE ENGINEERING, INC.
S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
858- 1 .0 jt pump test.858.wpd
Consulting Engineens and HydnologisEs
9O9 Cotonado Avenue I Glenwood Spnings, CO E!1 EOI I (9701 945-A777 I Fax (97O)945-1137
Form'No.ffi,
APPUCANT
OFFICE OF THE S E ENGINEER
COLOMDO DMlSlr..r OF WATER RESOURCES
818 Contennlal Bldg., 1313 Sherman St, Donvor, Colorado 8(EOII
(3o3) 86&3s81
Lot Block: Filing:
\
78
?-5
6th P.M.
COUNTY
114 NE 114 Section
5S RANGE 92WTHOMASJ&CECIUAA
4s855 HWY 6 &.24 #36
GLNWD SPRINGS CO 81601
(s7o)s28-s868
PERMTTTO CONSTRUCTA
1550 Ft from
2450 Ft. from
Section Line
Section Line
Notth
East
D]V. 5 CNTY. 23 WD 39 DES. BASIN MD
THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1 )This well shall be used rn such a as to cause no matedal injury to o<isting water rights.The lssuance of the
permit does not assu re the applicant that no injury will occur to another vested water right or preclude another
a
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this welt shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
lnstallation Contractors in accordance with Rule 18.
g) Approved pursuant to CRS g7-92-602(3)(bXllXA) as the only welt on a tract oJ land of approdmately 78 ues' dlicribeO'as tnat portion of Sec. zs, iw1i.'s Soirtn, Rng. si West, 6th P.M., Garfield County, more particularly
described on the attached exhibit A.
4) The use of ground watgr from this well is limited to fire protection, ordinary household purposes inside up to 3
single famil/dwellings, ihe irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
5) The ma:<imum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this welt must be through an individual waste water disposal system of the
non-€vaporative type where the water is retumed to the same stream system in which the well is located
n This wellshall be constructed not more than 2oo feet from the location specifie{clluis permit.
B) This permit has been approved as the only wellon a parcelof approxim+"Kt8 acres. You are hereby rctified
that you have the right io appeat the issuance of this fermrt, by filing a written\gest with-this office within sirty
(60) days of the dafe of issuance, pursuant to the State AOministrative Procedures Act. (See Seaion 2M4U
through 106, c.R.s.). - -' tD ))'6-q b
COPYOW^/EH,S
uru-(l gDATE ISSUED
v
Engln..r ByqPl HATIoN DATE DEC (} 9 IggSReceipt No. 0408092
APPROVED
JO2
FRot't : J&l'l PUI'P col'PRNY FAX Ml. i 97A 945 6159 Jan. 23 2@1, UzT?pn p1
/_qZ 3,,-,p 6,*4*,,y
86t t @UNTY RD. r 17
Gl-ENw@D SFRtMrti. CO O I ool
(970) e4t€r50
January 23, 2001
Tom LaPrenz
2000 Co Rd 237Si1t, Co 81652
RE: WeIl Test
Attn: Tom
A four-'.hour we}l test was perfoimed on the exlstlng wel1 on propertylisted as 2000 co Rd 237. The iorrowing results rrere obtained:
WeII Depth:
Water Level:
Drawdown:
Sustalned YelId:Clarity:
Recovery:
Bacterla Sample:
Richard A. Ho1ubLic. No. 1196
210 '42'
150,I GPM
Clear
50t within {5 minutesSent To GJ Lab
rf you;have any guestions, please calr g4i-6159. Thank you.
,J&MPunpCo.
ffi,r;,; //zM
'.-'!.Li,.,.
l:\.f i*
..r.$is
FRON : J&N PIJI'1P COIfRNY FRX NO. i 97@ 945 6159
us tit lL
PO eox rTra
oErwER co 00217
ran. 26 mt LOtSAPtr. Pl
|TEC,FATOFI. t nAOiAfiON SentrCES
er@ torYF/ BoIJLE AFO
oEt{vEF. CO €0230.C9A9
WATER T?u B"?,rt 'o(
SATTPLE INFORI.A'NOil:COTTTUNITY NONCOTTilUilITY
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CITY ffiBY: lsArnr urv }ror BErEsrED lF,HfrYWYM'
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WHEREAS, Declarant is the sole owner of certain real property to be known as
the LaFrenz Subdivision Exemption, located in Garfield County, Colorado, and which is
more particularly described on
-B*t
iUit A, attached hereto and incorporated herein by this
reference, consistin! of approximately 43.23 acres (hereinafter referred to as the
"Property"); and
WHEREAS, pursuant to the subdivision exemption process established by the
Garfield County Land Use Code, Declarant intends to divide the Property into a total of
three lots, identified as Lots A, B and C, as depicted on the proposed plat attached hereto
as Exhibit B;
DECLARATION OF COVENANTS ANI)
WELL/ROAD-SHARING AGREEMENT
THIS DECLARATION OF COVENANTS and WELL/ROAD-SHARING
AGREEMENT is made this day of 2001, by Thomas J.
LaEretu and Cecilia A. LaFrenz (hereinafter collectively referred to as "Declarant")
owners of the property described below, which property is located in Garflreld County,
Colorado
WITNESSETH:
WHEREAS, Declarant is the s an existing water well which currently
operates pursuant to Well Permit No.by the Colorado Division of Water
Resources and which is located of the proposed LaFrenz Subdivision
Exemption,AS shown on Exhibit B to herein as the "Well"). Pursuant to the
terms of Well Permit No. 200052, water from the Well may be used for fire protection,
ordinary household purposes inside three (3) single family dwellings, the irrigation of not
more than one acre of homes, gardens and lawns, and the watering of domestic animals;
and
WHEREAS, Declarant intends that the Well will serve as the source of domestic
water and water for other incidental uses authoizedby the well permit for Lots A, B and
C; and
ryHEREAS, irrigation water for Lots A, B, and c wilt be provided through silt
project shares owned inJividually by the owners of Lots A, B and C; and
WHEREAS, Lots A and B will share a common access road from county Road
237 asgenerally depicted on Exhibit B hereto;
WHEREAS, Declarant desires to establish the relative rights and obligations of
the owners of lots A, B and C concerning the shared use of the Well and to create
easements for the existence, operation refair and replacement of the Well, related
facilities and water lines from the well, and io establish the relative rights and obligations
1LAFRENZ-Well&Road Declaration- I
of the owners of Lots A and B concerning shared use of the common access road and to
create easements for the existence, operation, repair and replacement of the common
access road.
NOW, THEREFORE, Declarant hereby declares that the Well and the Property
shall be held, sold and conveyed subject to the following restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of the
property, and which shall run with the Well and the Property and be binding upon all
purti., Laving any right, title or interest in the Well and the Property, or any part thereof,
ih.i, h.irr, ,r...rrori and assigns, and shall inure to the benefit of each owner thereof.
1. Water supPlY The domestic water suPPlY for the three lots within
the Property shall be water produced by the Well, which shall pursuant to and
within the limitations established by Well Permit No.any well permit
subsequently issued bY the Colorado Division of Water for the Well. All lot
owners shall be jointlY and severally responsible for meeting all obligations set forth in
the Well Permit.
Z. Water System Easements. The owners of Lot A and Lot C shall have a
perpetual, nonexclusive easement over, across and beneath Lot B for the existence'
op"iution, maintenance, repair and replacement, as necessary, for the Common Water
System, which shall consisi of the Well, pump, meter pumphouse and any other related
facilities necessary or convenient for the operation of the Well and used in common by
the owners of Lots A, B and C. Said easements shall include all that portion of Lot B
extending southwest of the access road easement as depicted on Exhibit B hereto, and
shall inciude a right of access over and across the access road depicted on said Exhibit B.
In the event that any gates, well houses, or other parts of the Common Water System or
access thereto -. toit.a for security purposes, all lot owners shall immediately be
provided with a key, combination or other relevant opening device and shall not
otherwise be restricted from accessing the Common Water System.
In addition, the owner of Lot C shall have a perpetual, nonexclusive easement over,
across and beneath Lot A for the purpose of the installation, operation, maintenance,
repair and replacement, as necessary, of an individual water service line from the
Common Watir System to the boundary of Lot C, and for access to said service line, as
more particularly depicted on Exhibit B hereto.
3. Ownership. The owners of Lots A, B and C shall each own an undivided
one-third (1/3) interest in the Common Water System, including the well permit therefor.
Each lot owner's interest in the Common Water System shall be appurtenant to each
owner's lot and may not be transferred apart from the lot. All lot owners shall be
mutually responsibie for the operation, maintenance, repair, replacement and
improvement bf the Common Water System. The Well Permit shall be put in the name of
the owner of Lot A, as such ownership may change from time to time, and such owner
shall be responsible for subsequent assignments and amendments to reflect current
)LAFRENZ-Well&Road Declaration- I
ownership. The owner of Lot A shall be designated as the lot owner to receive all mail
and documentation relating to the Well and the Common Water System. Such lot owner
shall promptly provide .ofi.r of all such mail and documentation to each of the other lot
o*n"ir, oi*iti such information available for review at the convenience of each of the
other lot owners.
4. operation and maintenance expenses. The owners of Lots A, B and c
shall each be entitled to use one-third (1/3) of the water produced by the Well' The
withdrawal of water from the Well shall be solely for the uses permitted by the State of
Colorado pursuant to the well permit. Each lot owner using the Well shall pay one-third
(1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the
W.it, pump(s) and appurtenant faciliiies comprising the C-ommon Water System equally,
but no lot owner st uit U" responsible for any portion of the costs associated with the
individual service line(s) that deliver water from the Common Water System to a lot not
owned by him/her. If any lot is not connected the Common Water System, the owner of
such lot ihall not be obligated to contribute towards operation and maintenance expenses.
If any lot is connected to the Common Water System but has not yet cofirmenced service,
no eiectricity costs shall be assessed against the owner of such lot. In addition, each lot
owner shall be exclusively responsible for the costs of installation, operation, repair or
replacement of any facilities usid solely by that parry, including individual water service
lines and any individual storage tanks. Otherwise, the lot owners shall cooperate to
operate and maintain the Common Water System and to pay any associated costs for
maintenance, operation, repair, replacement, or improvement of common facilities' Non-
essential maintenance, opeiation,iepair, replacement or improvement of any part of the
Water System shall only be performed after consent of all lot owners or at the sole
expense of the parry desiring to undertake such work'
5. Emergency repair of Water System. In the event that the lot owners are
unable to agree upo, uny maintenance, repair replacement or improvement necessary to
continue water servicej any of the lot owners shall be entitled to undertake any
maintenance, repair, replaclment or improvement necessary and essential to allow
continued water service. In the event that any lot owner(s) decide to undertake any such
work absent the consent of any other lot owner(s), he or she shall notify the other lot
owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide
the other owner(i) with a written statement of the work performed and an allocation of
each lot owner's share of the costs.
6. Use. In-house use of water from the Well shall take precedence over
outside lawn and irrigation. In the event that production of water from the Well is
insufficient to meet th-e needs of all lot owners, all lot owners shall cooperate and shall
reduce their uses accordingly to conserve water. So long as sufficient water is available
from the Well, each lot o*ni. shall be entitled to irrigate up to 14,520 square feet (l/3 of
an acre) from the Well. No lot owner shall be entitled to waste water, and each owner
shall exercise prudence and conservation in the use of water in order to allow for the
efficient and beneficial use of the Well.
3LAFRENZ-Wetl&Road Declaration- I
7. Storage. In the event that the pumping rate of the Well becomes
inadequate to meet the daily in-house use demands of the three single family homes to be
to be served by the Well, the lot owners, by mutual agreement, shall cooperate to either
(a) construct a new replacement well that will produce adequate water to meet the lot
owners' demands or (b) purchase and install a storage tank of a mutually agreeable size,
but in no event less than 1,500 gallons in size. Such storage tank shall be placed in a
mutually agreeable location where it can serve all three lots. The lot owners shall
exchange easements as necessary to enable each lot owner to install water service lines
from thi tank. The tank shall become part of the Common Water System. However, the
owner of the lot upon which the tank will be located shall have reasonable discretion to
determine the precise location of the tank and water service lines.
8. Payment of common expenses. Each lot owner shall pay his or her share
of common expenses within fifteen (15) days from the date on which a written statement
of expenses is presented for payment by any other lot owner(s). In the event that a lot
o*n.i fails to pay his or her share of common expenses within thirty (30) days of
presentment, interest on the unpaid amount shall accrue at the rate of eighteen percent
tf gZ) per annum, beginning thirty (30) days after presentment. In the event that any lot
owner iails to pay any amount due, including any accrued interest, within six months
from the date of presentment for payment, water service to the delinquent lot may be
discontinued. However, notice shall first be given to the non-compliant lot owner by
certified mail sent no less than thirty (30) days prior to termination of service to the last
known address of the delinquent owner. Any lot owner(s) that have paid the delinquent
owner's share of costs and expenses shall be entitled to pursue any remedy available at
law or in equity for a breach of this Agreement, and shall be entitled to reasonable
attorneys' fees and costs incurred in the collection process.
g. No other wells. No other wells may be drilled upon any lot within the
Property absent the unanimous written consent of all lot owners. This is due in part to the
faci that the drilling of any such well may jeopardize the status of the well permit for the
Well which is otherwise exempt from administration under the prior appropriation system
pursuant to Colo. Rev. Stat. Section 37'92'602(1Xb).
10. Access Road easements and cost sharing. The owner of Parcel B shall
have a perpetual easement thirty feet in width (fifteen feet on either side of the centerline)
over and across Lot A for ingress and egress between County Road 237 and Lot B as
depicted on Exhibit B hereto, and the owner of Lot A shall have a perpetual easement
thirry (30) feet in width (fifteen (15) feet on either side of the centerline) overand across
Lot B for ingress and egress between County Road 237 andlot A as depicted on Exhibit
B hereto. The "Access Road," as referred to in this paragraph, shall exist within the
easement therefor depicted on Exhibit B attached hereto and shall extend from the point
at which it intersects County Road 237 to the point on Exhibit A labeled "L13." To the
extent that such road extends east of the point on Exhibit B labeled L13, it shall be solely
owned by the owner of Lot A and its improvement, maintenance, repair and replacement
shall be the sole responsibility of the owner of Lot A and its use may be restricted as
determined solely by the owner of Lot A. Responsibility for improvement, maintenance,
4LAFRENZ-Well&Road Declaration- I
a
repair and replacement of the Access Road shall be shared by the owners of Lots A and B
as set forth below
All costs for improvement, maintenance, repair and replacement of the access
road shall be shared equally by the owners of Lots A and B. Before any such
work is commenced, the owners of Lots A and B shall agree upon plans and
specifications for such work and the individual or entity that will perform the
work. The owners of Lots A and B may also agfee upon a maximum cost for
such work. The parties may agree upon an alternative distribution of costs,
but any such agreement shall be unenforceable unless it is in writing signed by
the owners of Lots A and B.
b. In the event that the owners of Lots A and B are unable to agree upon the
elements set forth in subparagraph a. above, an individual owner may
undertake improvements to the Access Road and shall be solely responsible
for the costs thereof.
c. No lot owner shall be obligated to contribute toward road maintenance, repair
or replacement until such lot owner commences the construction of a
residence on his or her lot.
11. Prohibition of manufactured housing or mobile homes. Manufactured
housing and/or mobile homes are prohibited on any part of any lot within the Property,
during construction or otherwise.
lZ. Maintenance. Each lot owner shall keep his or her lot clear and free of
rubbish, trash, junk, plant litter and debris, and shall keep the improvements thereon in
good repair.
13. Covenants to run. The covenants, conditions and restrictions contained
herein shall run with all lots within the Property and shall bind the owners thereof, their
successors and assigns.
14. Enforcement. This document may be enforced by any lot owner or any
goveflrmental agency having jurisdiction over the matter, by an action for damages or for
i-njunctive reliei to restrain or mandate any action required by this document. The
inierpretation of this document shall be governed by Colorado law. Unless the parties to
any dispute arising with regard to this document agree to an alternate form of dispute
resolution, venue ior uny dispute arising with regard to this document shall be in the
courts of Garfreld County, Colorado. The prevailing party in any legal action to enforce
this document shall be entitled to reasonable attorneys' fees and costs.
15. Amendments. This document shall be recorded in the real estate records
of Garfield County, Colorado. This document may be amended only by the unanimous
written consent of all lot owners within the Property. No amendment shall be effective
a.
5LAFRENZ-Well&Road Declaration- I
until an instrument setting forth such amendment, signed by all lot owners, is recorded in
the real estate records of Garfield County, Colorado.
16. Severability. Should any provision of this document be declared invalid
or unenforceable by a Court of competent jurisdiction, such decision shall not affect that
validity of any other provisions, which shall remain in full force and effect.
DATED:2001.
DECLARANTS:
Thomas J.LaFrerrz
Cecilia A. LaFrenz
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing Declaration was subscribed and sworn to before me this _ day of
2001, by Thomas J. LaFrenz and Cecelia A. LaFrenz.
WITNESS my hand and official seal
My commission expires:
Notary Public
ss.
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6LAFRENZ-WcIl&Road Declaration- I
SurvCo, lnc.
Professionol Lond Surveying Services
EXHIBTT A
Legal Description
A tract of land being the NL/zs[l/4trru1/4, a portion of theNlizswL/ 4ltu1/4 and a porrion ot the Nl/zsEL/ 4lrw1/4 , section zS,'l'ownship 5 south, Hange 92 west rying easterly of county Boad No. zJ|as constructed and in place and being nore particularly described asfollows:
tseginning at a point on the North line of said NL/zswL/4NH1,/4 ofsaid section 25 from which the Northwest corner of said N1/2swl/4NEL/4bears N.89'50',31"}{. 92,75 feet; 'I'hence s.99"50r31"H. 1305.65 feet tothe Northeast corner of said N1,/zsw1/4N81/4; Thence s.gg"b0,zt"E.1388.65 feet to the Nort,heast corner of said Nt,/ZSU1l4tu1/4; ,fhence
s.00"00'19"H. 640.78 feet to the southeast corner of saidNL/?SEL/4NEt/4; 'l'hence s.89"48'J6"w. t3g0.gg feet to the southwestcorner of said N1/2s81/4N81/4; I'hence s.99"50,11"w. 1647.00 feet arongthe south line of said N1/zsw1/4N81/4 and the N1/2sEL/4NIL/4 to a poinion the East ttight of Hay of said County ttoad No . 237;
Thence N.19"38'36"8. 554.90 feet along said East Right of way; Thencecontinuing along said Hight of way 28.63 feet along the """ oi a curveto the right having a radius of 44s,zz feet, a centrar angre of03"41'02" and sub-tendrng a chord bearing N.zt"zg,06"u. 2g.62 feet to apoint in the center line of the larmers lrrigation uitch; thence alongthe centerrine of said ditch the forlowing five (5) courses:1) N.65'07',19"8. 61.46 feet;2) N.55"41'03"8. ZZ,LJ feer;
3 ) tt . 49'19',25"!:. 31. 74 f eet;4) N.43'24',49"8. 36.43 feet;5) lt.30"33'10"!:. 26.52 feet to the point of Beginning.
Said tract of land contains 4J.ZS acres, nore or less.
l00l Grond Avenue, Ste. 205
PH: (970) 928-8233
Glenwood Springs. CO 8l60l
FAX: (970) 928-8840
FROt"l : SurvCo Inc (97@)9288233 FAx NO. | 97A 92A g84A l'lar. 63 2@1. LL:.Asen P1
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Ir{ o n- T e c hni c al D e s c riptio ns
soit survey Area: 683 RIFLE AREA, COLORADO, PARTS OF GARJIEL
Map unit: 2l cushman-Lazear stony loams, l5 to 65 percent slopes
Description Cutegory: SOI
These soils are on mountainsides and mesa breaks. These soils formed in sandstone
and shale residuum. The Cushman soil makes up 45 percent of the map unit' and the
Lazear soil makes up 40 percent. The Cushman soil is on the landscape where
alluvium has
accumulated to a greater depth over bedrock, and the Lazear soil is on the steeper
areas.
Cushman soil is moderately deep and well-drained. The surface layer is stony loam
about 3 inches thick. The subsoil is sandy loam about 8 inches thick. The substratum
is loam and very gravelly loam. Shale and sandstone are at depth of 32 inches. Perme
ability is moderate, and available water capacity is low. Effective rooting depth is 20 to
40 inches. Runoff is medium, and the erosion hazard is high'
Lazear soil is shallow over bedrock and is well-drained. The surface layer is stony loam
about 4 inches thick. The underlying material is stony loam. Calcareous shale and
sandstone are at a depth of 16 inches. Permeability is moderate, and available wa
ter capacity is very low. Effective rooting depth is 10 to 20 inches. Runoff is
moderately rapid, and the erosion hazard is high'
Map unit: j4 Ildefonso stony loam, 25 to 45 percent slopes
Description CategorY: SOI
This deep, well4rained soil is on mesas, benches, and sides of valleys. This soii
.
formed in mixed alluvium derived primarily from basalt. The surface layer is stony loam
about g inches thick. The underlying material is very strongly calcareous very sto
ny loam to a depth of 60 inches. Permeability is mod_erately rapid, and available water
cipacity is low. Effective rooting depth is more than 60 inches. Runoff is rapid, and the
erosion hazard is high.
Map unit: 41 Kim [oam, 6 ro 12 percent slopes
Description Category: SOI
This deep, well-drained soil is on alluvial fans and benches. This soil formed in
alluvium derived from Shale and sandstone. The surface layer is loam about 17 inches
thick. The underlying material is loam to a depth of 60 inches. Permeability is moder
ate, and available water capacity is high. Effective rooting depth is 60 inches or more'
Runoff is slow, and the erosion hazard is moderate'
Thursday, Ianuary I l, 200 I Page I of 2
Map unit: 5l Olney loam, 6 to 12 percent slopes
Description Category: SOI
This deep, well-drained soil is on alluvial fans and sides of valleys. This soil formed in
alluvium derived from sandstone and shale. The surface layer is loam about 12 inches
thick. The subsoil is sandy clay loam about 21 inches thick. The substratum
is gravelly sandy clay loam or very gravelly sandy loam to a depth of 60 inches.
Permeability is moderate, and available water capacity is moderate. Effective rooting
depth is 60 inches or more. Runoff is medium, and the erosion hazard is moderate.
Thursday, January I I, 2001 Page 2 of 2
Adjacent Property Owners
Within 200'
Ruth J. Kary
407 County Road 250
Silt, Colorado
8t6s2
Donald W. Larson
335 County Road 250 #A
Silt, Colorado
8t652
Perry & Angela Lynn Urban
411 County Road 250
Silt, Colorado
81652
John E. & Lisa C. Moore
1887 County Road237
Silt, Colorado
81652
John R. & Peggy Spangler
1823 County Road 237
Silt, Colorado
81652
Richard J. Murr
37659 Highway 6
New Castle, Colorado
81647
Arloa & Neil R. Myers
326 331/2 Road
Palisade, Colorado
81526
Farmer's Irrigation Company
Attn: Elsa Pyles
P.O. Box 8
Silt, Colorado 81652
A&EDiemozLLLP
214 Prne Street
Glenwood Springs, Colorado
81 601
Michael D. & Colista J. Larsen
2165 County Road 237
Silt, Colorado
816s2
Daniel J. Dimaria
P.O.Box6724
Snowmass Village, Colorado
81615
Bureau Of Land Management
P.O. Box 1009
Glenwood Springs, Colorado
81602
Lyman E. & Donna K. Fogel
501 Ingersoll Lane
Silt, Colorado
81652
ZangFamily Trust
415 County Road 250
Silt, Colorado
81652
Michael Weinstein;
Elizabeth Green
185 Orchard Lane
Glenwood Springs, Colorado 81601
RECEIVEDt,lARlgilI
Burning,Mountains
Fire Protection District
Box 2
Sih" Co 81647
March 11, 2001
SUBJECT : LaFrenz Exemption
To Whom it May Concern:
,-l
This is to inform you that the property owned by Tom & Cecilia LaErer:zat 2000 eountyRoad
237, Sllt, Co. is within the Burning Mountains Fire Protection District and we do provide fire
protection to same. It should cause no special problerns in fire protection. Itshotrld be nsted that
the distance from the fire station will cause some delay in response times.
Donald L. Zordel,
RECEIVEDMARlg2OOI
Mark Bean, Director
Garfield County Building & Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
February 28,2001
Thomas J
Re: LaFrenz Subdivision Exemption- Silt, Colorado
Dear Mark
As owners of the proposed LaFrcnz Subdivision Exemption property, we hereby
authorize John L. Taufer, John L. Taufer & Associates, Inc. to represent our interests in
obtaining approval of our land use application for subdivision exemption.
We appreciate your time and efforts in reviewing our application.
Sincerely,
0l 3-3-o /
Cecilia A.LaFrenz
JOHN L. TAUFEFT & ASSOCTATESi, tNC.
Landscape Anchicectune / Land planning
April 10,2001 RECE|VEDAPR12200l
Kit Lyons, Senior Planner
Garfield County Building & Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
Re: Supplementary Information -LaFrenz Subdivision Exemption, Silt, Colorado
Dear Kit,
Please find attached the following documentation that you requested in order to bring the
LaF r enz subdivi sion Exemption appl i cation into compl iarce,
l. Chain of Title
a- Deed from Brooks to Salvucci ( Reception # 249lg}) dated February
1971, conveying 79 acres to Salvucci
b. Deed from Salvucci toLaFrenz ( Reception # 500662) dated November
1996, conveying 79 acrestoLaFrenz
2. Ownership Deed
a. Copy of Exhibit A attachment to the Warranty Deed
3. Well Permit
a. Copy of Amended Well Permit # 232603, which replaces Well permit
# 200052. This amended permit is specific to the eiemption parcel.
The other information that you requested is in the process of being completed. The
additional potable water test results will be available next week from thi lab in Grand
Junction. I will provide you with a copy when available.
The other piece of information that you requested that we provide proof of a legal supply
of water for the five (5) existing AoD lots. In speaking *itr, o*iglrt whitehe;d ,Division 5 Engineer, he stated that since the Antler Orchard Subdirision was platted prior
to June 1,1972 that he would issue permits for the existing AoD lots.
9o9 colonado Avenue o Box a?71 o Glenuzood spnings,co a16oa(97C)s45-1337 0 FAX (970) ea=_zbta
I mentioned to you that we are in the process of preparing an amended plat to adjust
existing lot boundaries for the five existing AOD lots that the LaFrenz family owns. The
state could issue the permits immediately but in order to avoid having to re-issue the
permits based on new legal descriptions for the AOD lots, it was suggested by the state
that we apply for the permits once the amended plat is approved.
We look forward to presenting this application to the Board of County Commissioners in
the very near future.
If you have questions, or need additional information, please do not hesitate to contact
my offrce. It has been a pleasure working with you on this land use application.
Sincerely,
(-
John L. Taufer, Owners Representative
Attachments
2
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ol the County of Garf ield and State of Colorado' ol the second Dart:
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Ten Dollars and other -valuable considerations nf,Dedea,
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eppertalning, and the reverslo^ onJ ""rnr"ion", remainder and rcmainders, renta, issucs antl nrofits t'hercof; and all
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(,,,,
&
rhose tesal address is 2000 County Road 237, Silt, C0 91652
of the co6ty of GIRHELD and stst! of cotorado, of thc seco.rd p.r!:ulTtlEssETH, Ihat the said party of thc first p6rt, for ard in considci"ai; ;i ;-i; il; -,ilr$290,000.00 I
TiJO XUIDRED r{t}tETy THOTTSA}Io DoLLARS AIO OO/I(!()THS
and othcr sood ard v6tuabl,e corBideration to the rsid perty.of thc first p.rt in hand p.id tsy ttc a.id partic. of thasecond part, thG recriPt shereof is hereby cmfesscd aira acmortaageo, il;;;;J;Lrgaincd, rold 8rd co.w.ycd, ",d tsrthcae Presmts does srant, bargain. sett, cmvey ard cmfinn *to-irri'*ia p;;;i;;'"; tto sccind p..i,},iii-i.il.r,a
ffil:^il"Hil',I'lnl" tenancv in "-''" :[il i:'* .dffiH$ it'ii"ti"J^i-i:":iT.i:t, *'eil".i
'-"-"i t''a,
@ EIIEIBIT XAT ATEACEED EERETO AND !&DE A PART EEREE:
and the. aboved bargained premises in.the qJiet and peaceabte poesesgion of said partles of thc sacond p.rt, the survivon ofth4. their assisns and the heirs and assigns of srih rurvivo;,t"9;i;; "it-"na lrliv p.rsqr or pcrsont tla;utty ct.i6ingor to.ctaim the xhole or anv Part thereof, the said party or ttrc ilrgi p"ii .r,"ti-*i ritt llARRAltr AID FoREVER DEFErao. Th.singutar nunber shatI inclLde thc pturat, the ptural'thc'singutrr, and ii.-;;-;; il, t rn . shcil b. app6c.bl. to .ugerders.
atso krcrn ss street nqb€r 2000 qlfnf ROAD 237, SIUI, @ 91G52
ToGETHER Bith at( and singrlar the h.redltamnt3 ard appurtenmca thrr.to bctonglng, or in anprisc appcrtlining, g;dthe reversim and reversiore, rminder-and rmindcrs, rmii, issr.rea aa prorits-irrcraof; ard al,t tho estate, right, tlttcinterest, cl,8im and demsnd Hhatsocver of-thc *la p..ii of tt. fir"t part, .ith.r in [tr oc €qulty,of, in 8nd to th.above bargeined prenises, xith the hereditatEnts ait am.lrtenalrcs.T0 HA\IE All0 T0 HoLD the said prenises above bargaiired and dcscribed,. rith thc appirtsnarccs, urto th. s.id p.rtiGa ofthe second Part, thGir hcirs ard assigns forevcr. lni thc said p".ty.or ir,i ii".i-e.'"t, for hirrctf, hla hcirs, .trcutor3,and adoinistr.torc, does covenant,_srant, blrsain and asree to irt rittr $r. soid-fiir;s "r ir,iiii*i'ia.i,'iri.i. r,.ioand assigns, that at the tim of the errsiatin! ard dctiiery.of thcec pr""*t., r,r'ii rctt ecizcd of thc prcoiser.abovcc9ry"ve,.9s of good,. sure, Perfst, abcotutc {rd indcfeesibtc.aa;i.'oi-i;;iii*I, in ld, ln f.c 3inpte, Ird h.. 9@dright, futt porcr ard laHfut suthority to Ermt, bargain, sett and cmrcy the ""*-ii *-." end fom s Eforgid, lrdthst thG srE ale free and cteac frcnr att iormi and-othir grants, brrgnins, .ii"i,'li-., i"il, ;;;."r;;;;'mcudrrancaa of rhatever kird or mture sower:EIICEST GENERAL BIGS El|D ASS!ST$'i{V$ M_IE-!qR U'-95 AITD SOBgf'ogETT YEARS, ENDEqElp.st 10 EASE!6E$TS, RESRr,iiArIoEi;-reSr.rcTIors; 6r66ffifis-amTieEs c--mr-dFRECEFID, IF .TI{Y;
lil
sritten.
urrrEss IJHEREoF, the ssid party of the first part has hcrcrnto sct his hand and .Grr. the dly snd y.rr fiBt lbrya
signed, Srated and oetivered in thr presence of C
Costy of
GAREIED 84.
I
I
Th? foregoing instru.nt ras acknnrcdged befor. rE this d6y or Dilovreder 01, urgc
by .EN C. SAL\rrcI
ily cc,rnissim expires Y7J a/i- 3t- tq r'ltritness nV hcnd and official scal.. t
NOTABY
PUBUC
BIIJING STAIIP
Fom [.,oJI UARRAIITY DEEDen2ll85.22L185 To Joi nt TGmntaq{22It8s Iqlol q Morse Reat Estate801 Colorado Avenueclenwood Springs, C0 gl60l 02
-L_'
ll
:lrtr >I ;f, uroyr-orrEt. cr
tilrllrl r
nrAT pARt or rgB grr/rsrr/.mr1/a, gl/2grlLllttr:./a,
lrrTirniriNxl/.s81/., ttl/2u81/.N81/{gtl/., Slelror 25 tloilgnrP
i-3oultrt: nlrftr 92.utgl O! fHS 61H PnINCIPI& illnlDtllf, Lyllfi,
BAST OF ltlB COIrrTr nOAD tllRotxrtl sArD s8ellolt.
Tr{At PAR? OP mB m/2st1/.1l81/a AttD tll^t PrRf o, fir8
irTzSxr/rNBl/. Ly1fi, tOtlTB 115D 31gT ol fi1j 1'11!,ERg lnnlc111'l6l
coi.rp.,lrr'orrcil tND ..'rc, AcRl8, lroRt oR Llsg, lr TIll Sou'ntlrgr
coR[Bn oP TllE N1/2S!1/.llX1/. Lrr!fi, Sot rH ll@ 8l8T Ot tBl
imr,rnnS rRntCrrl6r CO[fPlltI DlTCtr, llL lf gleflot 23 lUmSfltP
5 SOUIII, RANGTB 92 IBST Ol tllB 61ts PRtre?nAL lllBrDt.lr EICf,
LIBS BAST OP 1118 ElCrInnY lrfElDltG rt{RdEH SAID gtcrt0f.
H(CBPtIMi tilBRElROttl :
A TRAff OP IAND llt IIIE nLl2NBL/{lt{r1/.S81/a OP gBeffi 25,
TOVINS.{IP 5 SOIIIII R.IMIB 92 TBSI OE TBB 5TH PN,IIETPTL HENIDTII|
sArD lT.Ael BErMi tRAer 35 AlD A PORTIOT OF r"Ael 30 0t alil
AITILBRS ORCHARD DBtBtpPl,lBtT, PIAT tlo. 1 AS RBCORDE n, TBB
OFFICE OF TIIE GTAR,FIEI.D Eo,uIITT EI,8Rf, ItlD RACONDINS OP'IC8 IlD
BEING }IOR,B .PAN,TICI'IAN]LT DB9CN,IBE A8 FOLIOIS:
BEGINNIIItr AT A POTNT ON 1BB TESI I.NTB OP STID TNAET
.gO MTCT
TrrE cBtrTER QUARTBR @rulEn Ol SAID gBcTrols 25 BBAnS S 85
DECRBES 53' 28i r 6t7.12 tlfl SlrD x)rltT Alao BEItr rr
EXISTING FE!{CB LINBi
TIIEIICB Allo!{G SAID EXIt}Tnfl FBICB ?rMB f, 87 DEiBBS 3a' 51' B
687.{6 FBEB TO A POMT otf IIIB SfSE Ll B OP tlAlD ISlCl 30r
TIIENCE AIJOM; SAID BISA LITIB S O DIG'R38S 32' 5" B 37 '7I Er,BT
TO 11rB r{OnrrrBAsr eoR$ln o? srtD lTrer 35 r Bnlss CIP FCRn@ lr
PIACE;
THENCE S 0 DEGREBS 38', 36'r B 328.93 FBEI TO ?lI8 8@tIIlrSA
CORIIER OF SAID TRACI 35r
ITIENCB S 89 DEGRBES 38' OOT tl 685.32 PB T TO TEI g@TflEgE
CORNBR OF SAfD ARACI 35r
TTTBNCE N 0 DECRBES 55', L7. r 329.05 FEEI Tt tlll tptlfl8sa
CORNER OF SAID TRACI 35i
TTIBNCB N O DBGRBBS 52' O7'Il 33.00 IBAT TO IEB PC'I!tT OP
BEGI!{NTM].
COUNTIf OF GAR,FIBI.D
STATB OF COIPRTDO
1
ttl,
.].,'
I
.{
EXCBPTIM' ?88R8TROilC
A TRAIT OF IAIID IIt 1IIB
TOWNSI{IP 5 SOUTTI RUT'E
SAID I?AET BBINO TRACT
m/2trE1/$fln/$,,Ll
92 rBgr
a or Sterror 25,
DnIIGlDfr/ ilInlDtffo,III 9i;tlot rBB 6Tll
35 AID A POBTIOT Ot Tn^el 30
OFFICB OF 1III8 OANFIBLD
BEIIIO IIORB PIRTICUIARDI DlSCnllE l8 FOLIfl8:
ANTLBR'S ORCHInD
BXIStIN(I FEITCB LINBr
TI{ENCB AIO!frI TIAID EXIET$T'
ITE
eLBil At{D RSCOnDlf,g ot lct llDPtaT l(,. 1 lg
BEGI}TNTNC AT A PONTT ON ZE TISI I.N[I OP SAID TnJICT 30 TESC!
mB-cENrBn QuAnrBR 6gRl]ln ol srtD SBc.lrOr 25 B3An8 I 86
oaonisb 53'-28'r 6t7.42 !!t! 8 rD PC,rIlr lr.go Btrltr lr
I
lEllCB rrtlfE lf 87
35r38' 00' r 685.32 ?ltr TO lE
t/l. 51, t
68?.{5 FEEB TO A 90ll{t ott lIIl trgr Lr[B oP gAtD lrAcl 30r
tIaTrNFa AIO!{O StlD BIST t llgt I o DreREBs 32', 5a', B 37.71rnrcr 35 A BU88 CrP I(X,ID tX
rffit
rO THB t{onrflBrsr ctnNln o? StlD
CORIIER OF SAID ITACI
PIACBIrt{Enai s o DEcREBS 38' 361 1323.93 FBEI !o fil Sooltgnsr,
TI{ENCB S 89
.,..:,
CORIIBR OF SAID llrGl 35 r
THENCB N O DE;i;a-5-;'t?r r 329.03 rrrr td m
CORI{ER, OF EAID I?IGI 35I
TLENCE r O DERBBS 52' 07' r 33.00 pBlll TO:gl Polltl, ot
BEG,INIITNG
COUN: T OI GANFIEI.D
STATB OP @lORTDo
,
RECEIVEDJUN tI2|Jrl1
MEMORANDUM
Date: June 1,2001
To:Kit Lyons, Senior Planner
Garfield County Planning Department
From: John L. Taufer,
John L. Taufer & Associates, Inc.
Glenwood Springs, Colorado
Re: LaFrenz Subdivision Exemption
Attached is a letter from Paul Bussone, P.E. that states that the existing well will meet
normal water demand for the 3 exemption parcels. The letter was included in our original
application.
I am also attaching a statement from the adjoining property owner to the north of the
exemption parcel stating that he has no objection to the land use proposal. Would you
please include this letter in the file.
I spoke with Kraig Kuberry regarding the driveway access permit. Once we have
conditional approval, we will meet him at the property to stake the location of the
driveway. He can issue a permit once we have the location staked. He also made a
comment about brush removal along Courty Road237. The brush that he was talking
about is to the north of the property and not on the LaFreru property. Tom LaFrenz was
going to speak to the ditch company to see if they would remove the brush since the
brush is on their property.
rrrlrIIIIIIITIIIIIIIIIIII
FIESC,UHCE
ENGINEERINGi ING
Mr. John L. Taufer
John L. Taufer and Associates
PO Box 2271
Glenwood Springs CO 81602
January 29,2OO1
RE: LaFrenz Well
Dear John:
We have reviewed the well test data by J & M Pump Company and bacteriology report
by Laboratory and Radiation Services which you provided to me regarding the LaFrenz
Well. Copies are attached.
The bacteriology report shows no total coliform present in the sample. This indicates
that the well is drawing water from a ground water source which is not contaminated
by surface water.
The results of the four hour pump test shows that the LaFrenz Well yielded 8 gallons
per minute (gpm) for four hours. Recovery data, although limited, indicates reasonable
well recovery. During the pump test a total of 1920 gallons were pumped. This will
meet the normal water demand for three homes with limited irrigation. Average
in-house uses are estimated to be about 1,O5O gallons per day (gpd).
Please note that the pump test was conducted during the winter when well yields are
expected to be at their lowest.
lf you have any questions, please call.
Sincerely,
RCE ENGINEERING, !NC.
'a S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
858- 1 .O it pump tost.Bsg.wpd
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, CO El160l f t97ol 945-A777 I Fax t97CJ)945-1137
I
t gV25/}OAL @9zOO 19708751929
Thomas LaFrenz
2000 c.R.237
Silt, Colorado 81652
Mr. LaFrerz
Michacl Weinstein
lFlE LHrl\E-lf4 wur\r
This lerter is provided for lour records or pleseltation as l sllement that we (MicbaEl
weinstein and Elizabetrr oreene) have no 6b3ections to-your application for an exemption
that will create three tracrs of land at your piop.rty at 2000 couutyRoad, silt'
wishing you well in )our endeavor' I remain sincerely yours
4U^=, t Yt' 5\e'^' t{o'n\o ' zoo\
I
IITrIIIIIIIIII
iiFIESJUFICEITIIE N G IN E E FI IN G IN C
RECETVEDAPR2 32001
Mr. John Taufer
John L. Taufer & Associates
PQ Box 2271
Glenwood Springs CO 81602
April 19, 2OO1
RE: LaFrenz Well Water Quality
Dear John:
The water quality test results from Grand Junction Labs is attached. please note that
sodium, chloride and dissolved solids all exceed the State's recommended limits for
drinking water. The water can be treated with standard household package water
treatment systems.
lf you have any questions, please call me.
Sincerely,
URCE ENGINEERING ,lNc.
I S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
I 5 8- 1 .0 jt water quat test.8s8.wpd
Attachment
Consulting Engineens and Hydnologists
9Q9 Colonado Avenue I Glenwood spnings, co E}1601 a {g7o)945-6777 I Fax (g7A)945-'1137
JOHN C, KEPHABT & CO.
fiflfil\lI IlJI.IIIIOll LABOflAIOflITS
4:l5 HorrH AYaxuE a PHoxr: (a'XDl 212-r't! O Flx: (a'rol 2a3'-A2!l 0 6iar.D Jurc?tor.. co|.cnaoo atlot
-_ ANALYTICAL REPOBf -
Rreivcd ftoor:Fesourre Engineering, Paul Bussene
9O9 Colorado Ave.
Glenwood Springs, trO Bl6Ol(?7Otg4S-6777, FAX -1 r37
b264
Curlonrcr No.IeborebryNo. Srmplc-
4/=/Qt 4l la/oL
Delc Rccclved Drtc Rcponrd
weter
Lab number
Sarnpl e ID
/soaiurn (Na)
Calciurn (Ca)
t'lagnesi urrn ( I'lg )
Potassi um (K)
--trhloride(El )
5ul fate (SO4)
Fhenol - Al k'al i ni ty (CaCtr3)
Total Al !.;al ini ty (CaCtrS)
Dissolved Solids
Hardne=s (CaCCI3)
pH
Conductivity@25 deg. C
6264
LaFrenze *85El-f.O
LimitE for Drinking,
{or Reference
369
zt
I
I
rJ'J4
167
o
?11
1310
55
B. OO
1960
mg/l
ng/ I
ng/l
ng/l
ng/7
ng/ |
mg./1
nq/ L
mg/1
ng/ L
1i rni t
limit
I imrt
Iimit
limitumhos/c,n
2O m9./1
no of+icial
723 nqll
no official
25O mgll
?50 mgll
no of{icial
no offici al
SOCI rn971
?r)0 mg,/1
6-E to 8.5
no of{icial
NOTES: Fcrr drinlting and household useo Sodiurrn, trhloride and Dissolved
Sslids are higher than recorrr.nended. Especiall y those restricting
dietary Sodiurn may be concerned; for each liter of waterr 36? milligFams
of Sodiurn are trt:nsumed. Bacteria should always be conf irrned absent
be4ore drinking.
Lab Dir.: Brian S- Bauer
I00' j EF--!tII-IF-:tr i-:Fi
It,J ,l J
I I
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: April 18,2001
Comments Due: May 18,2001
Name of
Sent
Garfield County requests your comment in review of this project. Please notiff Kit Lyon
in the event you are unable to respond by wednesday, May 19, 2001. This form -uy b"
used for your response, or you may attach your own additional sheets as necessary.
Written comments may be mailed or faxed to:
Garflreld County Building & Ptanning
Staffcontact: Kit Lyon
109 8fl'Street, Suite 301
Glenwood Springs, CO 81601Fax:970-384-3470 #
Phone: 970-945-8212 /,t
General comments:
Jrr; Q,t ,: tiCt,n,n*)This review agency recommends (
The
fr1
/
e
///4
t.i
of or are the reasons for denial:
Name of review agency
Rewised ?/?O/OO
B,iHiffi.1,7":;W;,*,., RECEIvE D nAy t z 200tReview Agency Form
Date Sent: April 18,2001
Comments Due: May 18,2001
Name of application:LaFrenz
Sent to
Garfield County requests your comment in review of this project. Please notifu Kit Lyon
in the event you are unable to respond by wednesday, Miy ig, 2001. This form may be
used for your response, or you may atlachyour own aAaitionat sheets as necessary.
Written comments may be mailed or faxed to:
Garfield County Building & planning
Staffcontact: Kit Lyon
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General comments:^0t -r,/zt
This review agency recommends (circle one)Denial
The following are suggested conditions of approval, or are the reasons for denial
Name
Revised 7|?OIOO
l. rl
-'r l'.'?..' 1
:: ' .--
lr..: 1' ','-'
Burning Mountains
Fire Protection District
Box 2
Silt, Co 81652
Board
Barbara KempSunderland, president
Robert Thrower, Vice President
Brit C \ifciirl Director
Michael Wat{.s, Director Ilon Z,ordel-ChiefRobertDirectorStu Chicf
May 9, 2001
Subject: LaFrenz Exemption
TO WHOM it MAY CONCERN:
This is to inform you that the Burning Mountains Fire Protection District has no objections to theexemption as it is. We do Provide fire protection to this property and can see no proble*, at thistime. It should be noted that due to the distance from thi stations there will be some delay irrrespoilse times.
Tharrk You
/'4/?.ruil
Donald L
Burning
GARFIELD COT]NTY
Building & Planning Department
ReviewAgency Form
RECEIVEDMAY 172001
Date Sent: 04/18/01
Comments Due: 05/18/01
Name of application: LaFrenz Exemption
Sent to:Town of Silt
Garfield County requests your comment in review of this project. please notifu Kit Lyonin the event you are unable to respond by 05i 18i01. Tiris io* -uy be used foi yory
response, or you may attach your own additional sheets as necessary. Written commentsmay be mailed, e-mailed, or fared to:
Garfield County Building & planning
StaffContact: Kit Lyon
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 97A=945-8212
E -mail : " gar c opln@rof. net
General comments:
I
Thank for this to the Town Silt for
T
Sincerely
Janet G
Town Planner
By Mail:16.2001
Bv Fax: M 16 2001
SE0-IJTRDIV5 TEL:50J-945-5665 Dec t2 99
I
Form No. OFFICE OF T]5TATE ENGINEER
GWs-2s coLoRADO DMSIoN OF WATEB RESOURCL-
ate Cente-nnlit gldg.JcB Shormqn St., Denver' Colorodo 80203
(3Ct) E€Sss8l
2t:46 No .005 P .01
APPROVFD WELL LOCATIoN
GARFIELD COUNWSW 114 NE 114 Section 25
Township 5 S Range 92 W SiIilh P.M
prsrANgFS FR9M SECTIOLLINES
1550 Ft. from North Section Line
2450 Ft. from East Sesiion Llne
u-[M cooRplNATESNoilhing: Easting:
APPLICANT
THOMAS & CECILIA IAFRENZ
2OOO COUNTY ROAD 237
slLT, co 81652-
(e70) 876-1s29
P
WELL PERMIT NUMBER
DIV.5 WDsg DES. BASIN
232603
MD
1)
2l
3)
4)
5)
6)
7l
8)
ISSUANCE OF THIS PERMTT OOES NOT CONFER A WATER RIGHT
coNDlTloNS O.F APPROVAI.
Thls well shall be ueed ln ruch a way a8 to cause no msterial injury to exlsung vrater dght8, The iesuance of thls permit
does not aesure the applicant that no lniury will occur to anothet vested water rlght or pecluda another owner of a vested
water dght from seeklng rellef ln a cMl court action.
The construcdon of thls well ehall be in compliance with the Water Well Conetrustion Rulee 2 CCR 402'2, unlese approval
of a variance has been grantod by the state Board of Examlnera of Water well construcUon and Pump lnstallation
Contrac'toro in accordance with Rule 18.
Approved pursuant to cRs 37-g2.602(3)(bxltxA) ao ths only well on a tract ol land of 43.23 acres descdbed as thot portlon
oitn" SW 1/4, NE 1/4, Sec. 25,Twp.5 South, Rng. 92 West, 6th P.M,, Garfield County, more patticularly descdbed on the
attached exhibit A.
Approved for an amendment of legal descilption and change in use Of an exlsting well constructed under pemit no.
2}O}52(canceled). The lssuance of thls permlt hereby cancele permit no. 200052.
The use of ground water from thlE well is llmited to flte protec'lion, ordlnary houeehold pu]poSos inside not more than
fhree (g) slngle family dwellinge, the watedng of poultry, domeedc animals and liveetock on a farm or tench and tho
lrrigation of not more than one (1) acre of home gatdens and lawng'
The maxlmum pumping raie of thls well thall not ecoed 15 GPM. r
The return flow from tho use of this well must be through an lndlvldual waete watLr disposal syEtem of ths
non-evaporatlve type where the watel ls returned to tha same stfesm Eystem in whlch the well is located
This welt shalt be located not more than 200 feet fiom the location epecified on this permit,
^N9TE: Parcelldentification Number (PlN): 23'2127'251'00-00l lf h'\ 2-'
NOTE: AssessorTaxscheduleNumber: 200402(totalingTE,l0acres) a tsfr /4aa /
R09APR 0 I 2001
b,
Stale Englneer
l\APPROVED
DMW