Loading...
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 dtr enryrrt FAw EaepeerronrucMoNrrs NNSOIEDFws FEE STAUP rrE 16 (or{E ) E rcuror E spscurrunposg @tLEcrto FESTILT!* sEr HE\,EASE FOA rsr LcouFmM E] rnesettt rcsYFnoa^ar.E No 4d;fr& /Yo/, ou 0r 0 ECETVEO Eoer.*" AIIIJST OAIE I lqtr'rl t/ rnE tt CITY ffiBY: lsArnr urv }ror BErEsrED lF,HfrYWYM' -rr*or"* t'**.Eonren couFoeu/r€il1 E *"^r.& min^o-r. i'.,wT \**" E 0/ ,. l 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. ) ) ) 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 t I firl I I ttai I d I s I fitrl>{ q {, f I I$I ll?rE, rf iIh \\_ i t! I I I lI T I ! I ffi i$ $ dT tr I iq I T ct,!I I s;t 7I II c 1 t II ! tlEI ET$h IE'I li iIt aa I! I ( !fi tiE iEl:; a iiJ'r& E!g{tlr ,J I tII I I I I t ! T dj { I I iTI! I t t aI T 2 ! II a I Ui{ i{il rifi ,!I I It I I ii{l il.l Itt a t rljX t-{ EDH-: E! lii$lliiii t:lglt: iEafr 13 I I I t t II It! I 69 -'r''\. ''.a, ri 24 .tr .$ ':, -lSJ :;ia . ri' 67 irrr4 -i .r'..1: "' st - : -"gi_ ,<'r' :SITE i .- 67 ,*' 66j'._ G 55 2l u t, FT 34 I = E -li 34 34 I a I 34 .8- -Er '.i 56 - *,-r. 58 '.' -i " $,IA 55 (- , 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 -a)_r, Tnrs DaED. Modethls 26thdovot. February ,Lg 71' ;;;--AEJtrs M. BRooIG, arso known as t--'' -. -.." r',,, ARI.IS BROOI(S ru 19 ol the ol the llrct Psttr and Utah County ot Garf leld and stats ol ftl86ahl flP,:t 1{&7 JOHN C. SATWCCI ol the County of Garf ield and State of Colorado' ol the second Dart: WITNESBETE,Thatthogaldpartyo'thollrrtDsrt,forandlnconglderotionofthceumof Ten Dollars and other -valuable considerations nf,Dedea, (coRREcTloNDEEDtocorrecterrorcontainedindescriptionin deedrecordedinsooxareatPage3TTwhereintheNLNwLNwtsEt waa erroneously described as the NLswkNw%sEL') T.GETHEB with ull and singulor thc hcrc6itanrento atrd appurtcnsnccs thcroto bclonging, or in onywiao eppertalning, and the reverslo^ onJ ""rnr"ion", remainder and rcmainders, renta, issucs antl nrofits t'hercof; and all thceetate,right,title,lDt€reBt,claimanddemanrlwhateoeverofthcsairlpartYofthofirstpart,eitherlnlaw or cqotty, ofi. and to the abwc bargaincd prcm'bcs' wtth thc hcrcditamcnts und appurtcnlnccs' Bpok Pflse 4L7 ,L+ Broruea^-*...2.i.?7...........o,cr0ck...-P-.:,..u., .......11gr.9.8...-r-l-.r....19i. - ......-- .--... Bocepdoa N".... e-4-9.1 9 9-............E11a t' No 403. traEBANTT IrEED-Fot P,tototr|Df,l.R..otd'_BBdlordPublbblnsco.,lt2l.l0BioutStIat.Dcnv.Lcolon'lo _ ,], frtd ': t,,:i I l:rftmnB td {t!o I 6q fpeg tu t a T ,; +r 'fiff.tJil*Jr##"-ffr'#* ,,,,.ii hoettto ttthIB iand 1 t ag yrAtn oF rsUdadnoF 1'TAII 1", n'dr+! or 61tt*#Jj,r*-k tiin' r#ib'lrr #lge'ilf'"t$ru,"';i6U rh6r{'r iBtti try as ARlts o*i** *l'*''W ,r/zt r le , ffftnets fi, hffid dnd .., tilv '-: JF:l ' 'r'li ',i ,?i: ti. '""'j;*':L'' $6 EHtsiF!+iqlEi EI';d €r I i Ia tto E .4ct ? : i ! I I I I I Ii I olt!6tr i I II i I i i -ilootrl E \ cF a rdG HE{ a E otr ffo Ffo c) ho rnl. FT a1 Iri-i}J-+utd q Jo H T I i o tt 0rs{rN E E I n 5 o 3 oH t E( da .E fl- !dr o.: o o Eh !,1!! L Lt{ Ea k ! i.-. B B:. o oz fq o d cfr 500662 8-998 P-638 MILDRED ALSMRF G, /O4lLssO O3:28P PG t OF 2 nEC rELD @UNTY CLERK Al.lD RffiRDER 1r.0o loT .o.0O TEIS DEED , rade this dsy ofJEEI C. SeLUrct Nquetrer 01, 1!196 bctreen of the county of GIREIELD CotorEdo, of thc first part, and m8.S J. IAFRET{Z .n.t CELII A. LAFRETSZ rnd Stltc of (,,,, & 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