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HomeMy WebLinkAbout1.0 Applicationh[1 ORE 1HL LOAM) OF COUNTY CO'.',1SSlDNERS OF IIIGARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned Awat! l`1. /��,����% 7/ ^— — 5,-07.71 L, t%AtesJm Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu- tion esolu-tion the division of /0 acre tract of land into Two tracts of approximately 'filo ,q,uc� Z -6)-r- acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: 710 eie)/7C•Le-- y -, 47 ac - t - 74 e -p, so.� respectfully petitioners the In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. .JB. Copy of deed j C. Vicinity map D. Statement on source of domestic water W9`14G/- E. Statement on method of sewage disposal Aorc F. 100 year floodplain information where live stream crosses or adjoins said tract --4G. Evidence of the soil types H. Copy of Assessor's map showing the property �I. Practical description of_p roperty location J. Fee in the amount of $ .52.00 K. $200.00 fee for each new lot created Submitted at Glenwood Springs, Colorado, this </ day of 4u� 1923 Petitioner Mailing Address 6'/,P/t/ w-0 a d -CI 9 t/ ti J 5 (e) • 7J_ 3 -Z Telephone Number • EXEMPTION • One of the following requirements must be met to qualify for an exemption from the Garfield County Subdivision regulations: 1. The newly created parcel will be for a spouse, son, daughter, or spouse of.a deceased child. 2. The subdivided parcel is split by a public right-of-way (State or Federal Highway, County Road or Railroad) or natural feature preventing joint use of proposed tracts and the division occurs along that public right-of-way or natural feature. 3. The newly created tract will be owned by a public entity or will be used solely for the purpose of providing access to existing parcels, resulting in the creation of no additional tracts. 4. The conveyance is for the purpose of adjusting property lines, and the conveyed tracts become part of existing tracts, there being no new parcel created. 5. The proposed tracts were created and separately identified prior to the 1st day of September, 1973, or were created and separately identified through the exemption process prior to the effective date of this resolution. 6. The property being subdivided has been under the same ownership for at least five (5) years, and the division together with any earlier permitted under circumstances not defined above, will create no more than three (3) new tracts under 35.0 acres in size. All new parcels created must meet all requirements of the applicable zone district. Procedures: 1. Applicant will obtain a copy of the petition for exemption from the Planning Office. 2. The completed petition for exemption will be returned with the required information as outlined on the application. 3. Upon review and determination that the application is complete, a meeting with the Board of County Commissioners will be set by the Planning Office. 4. If approved by the Board, a legal description of each new tract created will be furnished to the Planning Department within 120 days. A resol- ution will be prepared and signed by the Chairman of the Board granting the exemption. The following information will be submitted along with the petition for exemption: A. Map drawn to scale showing proposed lot subdivision and access, existing homes, wells, etc. B. Copy of deed and letter from property owner, if other than petitioner. C. Vicinity map with the total property acreage outlined (copy of USGS quadrangle map showing property location or equivalent). D. Statement on source of domestic water to each tract (individual well, community well, spring, cistern, municipal system, etc.) If a community or municipal system will provide service, then a letter from the governing body stating the willingness to serve the parcels must be provided. Please indicate clearly whether you are referring to proposed or existing service. E. Statement on method of sewage disposal (individual system or community system). If a community or municipal system will provide service, then a letter from the governing body stating the willingness to serve the parcels must be provided. Please indicate clearly whether you are referring to proposed or existing service. F. 100 year floodplain information where a live stream crosses or adjoins the proposed subdivided land. G. Evidence of soil types and characteristics of each type (may be obtained from the Soil Conservation Service in Glenwood Springs). H. Copy of Assessor's map showing property and adjoining area. I. Location of property in relation to cities, towns, County Roads, etc. (example: 4 miles west of Glenwood Springs on Co. Rd. 134). J. Fee: $50.00 plus $1.00 per acre for each parcel created under 35 acres in size. Checks should be made payable to "Garfield County Treasurer". K. If approved, you will be required to submit a $200.00 school assessment fee for each new lot created, as per the Garfield County Commissioners Resolution of April 20, 1981. • • te, • 14 MAY 1'. Rt.Acept..,:e f, WARRANTY LFF...1) 52:) •••••• ' ..s.s.141111.c. CHESTFR L. BARRY and ANNA A. BAB- t ';arfi.:Id and State of (olorado, for TY. (7,f)1) AND,VALiTABLE CONSIDIF.ArIN, in 3 - and convey to ALAN L. DERTINGER and strot address is 230i County Road i41, Tr.,wn County ot Garfield, an -t - if Color4d,), property in the County of ".3arfield to -wit: A ::,arcel et land situated in t.1, Z.:F1/4.:,H1 '4 • - Township 5 Soutf,, Range 91 West of tri ixth Meridian, and in the SW1/4 Section 1, Townip , Range 10 West of the Sixth Prncipal Gar7fleim County, Colorado, more particullriy Commencing at an iron post and 2rass cap prcperly and found in place for the S.E. Corner of said Section 12, thence S. 99°16'16' W. along the South Line of said Section 12 60.72 feet to a point on the west,..-. right-of-way of East Elk Creek County Road, tne TrJe Point of Beginning; thence along said South' Line S. 89°16'16" W. 162.20 feet to a point ori the northeasterly line of property described in Document No. 280058 in the Clerk and Recorder's Office of said Garfield County; thence N. 65°19'59" W. along a line bounded on the South and West by said Document r -o. 280038 79.51 feet; thence along said 1)(7Jment Li 6625'59" A. 14'4.90 ft; -lience S. 43°3'01" line bounded i; tnc:, Soeth and Fast by O280058 200.00 feet; thence S. 61°1117:.,9" bounded on the North and East '.-)y L.r ,zit 280058.70.95 feet to said South Line of Seet.im 1 thence along said South tine S. 89°16'i" w. fe-t to the West Line of Said SF!/45E1/4 SbcfHn tence leaving said '-outh Line 00'3514';" _32.66 fest thence leaving said Wt,st. Lire N. 89°16 '16" E. 3'297.'44 feet ; thztice .1;•' 3( r. 1A.50 feet tb said westerly right -of- ' Creek County Roaj; thence along riv right-of-way S. 30°22'00" W. 385.04 feet tte Point of Beginaing; containing 10.0000 1(.?.79. Nith all its appurtenance anA subject to pr.r Aihtal reservations, easements an.:1 right, of wAy record ..)r situate and in use, general prorty taxes nt A curren nature, governmental rules and regulations and restrictions, covenants and conditicms Y1-ecord Reception No._ 118049 �' Recorded at o'clock U M., THIS DEED, Made this llth day of August 19$1 , between ALAN L. DERTINGER and JANIS K. FULLER of the County of Garfield and State of Colorado, of the first part, and DONALD M. MARSHALL and DOROTHY LOU MARSHALL whose legal address is 58099 Hwy. 6 & 24 Glenwood Springs, CO 81601 Recorder. UG 1 21981 BOOK 579 PAGE 47 RECORDER'S STAMP of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. TOGETHER WITH all water and water rights appurtenant to the above described property, including, but not limited to, .1 c.f.s in the Barrett Ditch #k2 which water and water rights are conveyed without warranty of title. trlstiIE»o rl-sus-sbr tandwuma44r_ TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them selves, their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the seQcond part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and othergrants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever., except generataxes of a current nature; U.S. patent reservations; the effect of inclusion in any special district or improvement2area; the right of way for the uninterrupted flow of East Elk Creek; governmental laws, ordinances and regulations, easements and rights of way for ditches situate and in place. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part ha('Ve pret\ey4gto settheirhand s and seal s the day and year first above written. r, Signed, Sealed and Delivered in the Presence of STATE OF COLORADO ss County of Garfield r . n L. Deming ✓ \\ [SEAL] [SEAL] John R. Schenk, as attorney—in—fact for Janis K. Fuller The:fotte:..' r g'instrument was acknowledged before me this llth day of August 19 8L.by';,.-- .9 Dertinger and John R. Schenk as attorney—in—fact for .;lir, .Janis•; Fuller ' ,19 j Witness my hand and official seal._ ,7 • .'p.__ d ., j l,� y.'/// i-. ((rye//yj.(„-a.�-.4/r�.( / x. I�VV i`'' <L �,�:i'„.:A!Q Notary Public. '...... Qom` ���JJJ of CO��' [SEAL] No. 921, WARRANTY DEED To Joint Tenants. — Bradford Publishing, 13163 West 44th Avenue, Golden, Colorado 80401 — (303)278-0644 — 3-80 J • • BOOK 579 PAGE 48 EXHIBIT "A" .To,Warranty Deed dated August 11, 1981 from Alan L. Dertinger and Janis K. Fuller to Donald M. Marshall and Dorothy Lou .Marshall Parcel A: A parcel of land situated in the SE4SE1/4 Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, and in the SW1 Section 7, Township 5 South, Range 90 West of the Sixth P.M., Garfield County, Colorado, more particularly described as follows: Commencing at an iron post and brass cap properly marked and found in place for the S.E. Corner of said Section 12, thence S. 89°16'16" W. along the South line of said Section 12 60.72 feet to a point on the westerly right of way of East Elk Creek County Road, the True Point of Beginning; thence along said South Line S. 89°16'16" W. 162.20 feet to a point on the northeasterly line of property described in Document No. 280058 in the Clerk and Recorder's office of said Garfield County; thence N. 65°19'59" W. along a line bounded on the South and West by said Document No. 280058 79.51 feet; thence along said Document Line N. 66°25'59" W. 349.90 feet; thence S. 43°36'01" W. along a line bounded on the South and East by said Document No. 280058 200.00 feet; thence S. 61°11'59" E. along a line bounded on the North and East by said Document No. 280058 70.95 feet to said South line of Section 12; thence along said South line S. 89°16'16" W. 606.91 feet to the West line of said SE4SE1/4 Section 12; thence leaving said South line N. 00°35'43" E. along said West line 362.66 feet thence leaving said West line N. 89°16'16" E. 1297.94 feet; thence S. 76°35'30" E. 134.50 feet to said westerly right of way of East Elk Creek County Road; thence along said westerly right of way S. 30°22'00" W. 385.04 feet to the True Point of Beginning. Recorded at Reception No. THIS DEED, Made this 19 81 ,between ALAN L. DERTINGER and JANIS K. FULLER 411(72 o'clock_ M., 1805Ory 11 th day of Attgus t of the County.of Colorado, of the first part, and DONALD M. MARSHALL and DOROTHY LOU MARSHALL Garfield AU , State of whose legal address is 58099 Hwy. 6 & 24 Glenwood Springs, CO 81601 of the County of Cnrf i el d and State of Colorado, of the second part: 2 1981 BOOK 579 PAGE 49 Recorder. Recorder's Stamp AUG 1 2 1981 rr"r• i = acct's. WITNESSETH, That the said part I es of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS to the said part iesf the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part Les of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Gar f i e l (1 and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. ah44-44-c:t+*+ t-a4.4I- +s}►-h€4— 'FO HAVE AND TO HOLD) the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of t he said parti es of the first part, either in law or equity, ‘into t he said parties of the second part, their heirs and assigns forever, not in tenancy in common hut in joint tenancy. IN W ITNESS WHEREOF, The said part i es (tithe first part have hereunto set their hand s and seal s the day and year first above written. Signed. Sealed and Delivered in the presence of STATE OF COLOR A I)O, tis. County of (;arfield Alan L. Dertinger [SEAL] (SEAL] Jelin R. Schenk, as attorney-in-fact for .1,1111,, i:. Fril Ior [SEAL] The foregoing instrument was acknowledged before Ha t his 11 th (lay of August 19 81 , Icy ,Alan L. Dert ingc'r and John R. , ;i ;1t torney-in-fact for ri's'.tK. Ful ler N1y of rpiiaste. ries W11T*iloytetrid and official seal. aLIC e , 1 •• N11. 962. 411.-il 1 Lum i ::t roJmn1 I�n;�ni;, It :, �� .i,l !• �� i� , Notary Public. 1 EXHLBTT "A" To Quit Claim Deed dated August 11, 1981 from Alan L. Dertinger and Janis K. Fuller to Donald M. Marshall and Dorothy Lou Marshall fCir.iK 579 PAGE 50 A parcel of land situated in the NE1NE4 of Section 13, Township 5 South, Range 91 West of the 6th P.M., Garfield County, Colorado, lying Southerly of a line described by Doc. No. 294574 as recorded in the office of the Clerk and Recorder of Garfield County and Westerly of the right of way line of County Road 241, said parcel is more fully described as follows: Beginning at a point on said right of way line whence the Northeast corner of Section 13 bears N. 60°56'15" E. 111.82 feet; thence N. 67°55'30" W. 120.32 feet; thence N. 65°19'59" W. 14.75 feet to a point on the North line of said Section 1'3 and on the Southerly line of a parcel described in Doc. No. 294574 in the Clerk and Recorder's office of Garfield County; thence N. 89°16'16" E. 162.20 feet along the North line of said Section 13 and on the South line of said Doc. No. 294574; thence S. 34°54'27" W. 65.16 feet to the point of beginning. • 0 8) B.LM 212532-00-002 - 6 0 1 0L. C r - • 12 SEE MAP NO. 212 5 — 13 edy. 13 r r Lc /".'er-state ^7 • , 3 'c 'e Cr if*Idr-ai A'aoa fat, .0,000,Afri ,,,PAteCt.00 A4,401 .14,1fol Bd1I 8 I_ tv,, Rifle Area Conversion Legend Field ; Published Fuld ; Published Field ; Published Field ;Published 1F 5245C 1 5 X1OF ; 59 X93BC I 20 2CE 1 53 I 45D 1 6 X11B , 8 X108E I I 31 - 3CE 1 60 - I 50C I 40 X15 , 45 X109D I 59 I 3F I i 61 50D 1 - i 41 - X21DF i r 35 _ X109DE 1 59 4G 37 59BC 1 46 X25 { 71 1 5EF 1 48 59DEI 47 X29EF I 1 2 I i 6CF { 36 70C 1 r 68 X33BC i 3 7CD I -63 - 70D -- , 69- X33DE j 4 _ 9 e_ - _38 _ 70E i 70. X34F 64 108 54 108CD , 43 X35E 18 10C 1 55 - 121 1 I 26 X35F � 19 1 1OD I 56 131 { 22 X44F 42 13CD 1 16 143 25 _ X45DE 7 15D 44 146DE 1 32 X5OD ( 59 30B 49 156DE 23 X55C 1 13 30C 1 50 343 1 17 X55D , 14 30D 1 51 AW I I 65 X55E I 15 32C 10 BL 1 9 X58CE 7 32D 1 11 RL 1 67 X58F 35 ' - 38B I 28 RLS 66 X62F 34 1 38C 29 RLX I 62 X66F I 21 I 38D 30 SW ! 27 X76F 24 ' I I 38E 31 X3B I 72 X82F i 1 I 43DE 1 33 X1OD 1 57 X86 1 39 43F 34 X10E f 58 X87 1 12 1 1 I 1 I I Ldne PLAN AlkORPORATION IRVINE CALIFORNIA 01.11.10.4.1101•••••••14 • OF COLORADO F NATURAL RESOURCES kcOls ----_____ es,\ zein 91 Vif ,-90 * ,.. co-, NEW CASTLE QUADR) COLORADO—GARFIELD cf 7 5 MINUTE SERIES (TOR 43(:)tx,1 2$4 1 ).` 36 more. Organic matter content is high. Surface runoff is slow, and the erosion hazard is slight. This soil is occa- sionally flooded for brief periods between April and Sep- tember. This soil is used mainly for grazing, wildlife habitat, and limited irrigated hay. Good management of water and fertilizer maintains or improves the production of native hay. The native vegetation on this soil is mainly wildrye, wheatgrass, needlegrass, and small amounts of forbs and shrubs. When range condition deteriorates, dandelion, yarrow, rabbitbrush, big sagebrush, and Kentucky bluegrass in- crease. Properly managing grazing maintains and im- proves range condition. Basin wildrye, slender wheat - grass, -and western wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Fencing protects this more productive soil. This soil is lower than surrounding soils and usually con- tains the water supply for livestock. Reducing brush im- proves the range. Mule deer, snowshoe hare, elk, coyote, and blue grouse find habitat on this soil. Community development is limited by flooding. This ;oil is a good source of topsoil. This soil is in capability subclass Vle, nonirrigated. 64—Tanna silty clay loam, 25 to 45 percent slopes. This moderately deep, well drained soil is on mountain- sides. Elevation ranges from 6,500 to 7,600 feet. This soil formed in material weathered from shale. The aver- age annual precipitation is about 17 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 100 days. Typically, the surface layer is grayish brown silty clay loam about 9 inches thick. The subsoil is light brownish gray clay and light gray silty clay about 15 inches thick. The substratum is light gray channery clay loam about 6 inches thick. Weathered shale is at a depth of 30 inches. Included with this soil in mapping are small areas of Dollard clay and shale outcrop on steep and very steep mountainsides. These areas make up 10 to 15 percent of the map unit. Permeability is slow, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, snowberry, and elk sedge. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky 'luegrass, weeds, and annual plants are numerous. iroperly managing grazing maintains and improves range condition. Mule deer, wild turkey, and cottontail rabbit find habitat on this soil. SOIL SURVE' Use of this soil for community development, for sani- i` tary facilities, and as a source of construction material is limited by steep slopes, high clay content, low strength, depth to bedrock and shrink -swell potential. Road con- struction and building foundations can be designed to reduce the effects of shrinking and swelling. A good drainage system reduces soil slumping. This soil is in capability subclass Vlle, nonirrigated. 65—Torrifluvents, nearly level. This broadly defined unit consists of deep, well drained to somewhat poorly drained, nearly level soils on flood plains adjacent to the Colorado and Roaring Fork Rivers and their major tribu- taries. Slope is 0 to 6 percent. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam strati- fied with sand, gravel, and cobbles. In some areas gravel and cobbles are on or near the surface. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff from snowmelt. These soils are subject to brief occasional flooding late in spring and early in se nmer. Included -in mapping are small isolated areas of Wann soils that have slopes of 1 to 3 percent. Small areas of soils that are moderately to severely affected by aikali are identified by an alkali spot symbol. Small, isolated areas where water stands at or near the surface all year are identified by wet spot and marsh spot symbols. These areas make up 15 percent of the map unit. These soils are used for wildlife habitat, recreation, and some grazing. The native vegetation is mainly cottonwood, willow, tamarisk and water -tolerant grasses, sedges. and rushes. In many areas these soils are suited to production of Fremont cottonwood. The soils are capable of producing 230 board feet of timber per acre from a fully stocked, even -aged stand of 40 -year-old trees. Where these soils are accessible, they provide shelter and forage for livestock. Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other native birds find food and shelter on these soils. Where feasible, planting food plots, trees and shrubs, and nesting cover enhances the habitat for upland wildlife. Where the water table is high, open water for waterfowl and fish can be developed by blast- ing or by excavating. These soils have potential for recreation. Wildlife is abundant, and the nearby rivers can be used for rafting and canoeing. Community development is very limited by flooding, the seasonal high water table, and variable texture. Onsite investigation is necessary. These soils are in capability subclass VIIw, nonirrigat- ed. 9—Badland. This broadly defined unit consists of steep and very steep, nearly barreilind dissected by many intermittent drainage channel at have cut into the soft shaie and sandstone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occurs hroughout the survey area, mainly on steep foothills and mountainsides that have outcrops of shale or sandstone. About 85 percent or more of the area is unvegetated. The water erosion hazard is very severe, and erosion is active. •14 or --y (v"_�/(' A reA are suitable for seeding. Preparing a seedbed and drilling the seed are coodaictices. Cottontail rabbit, uirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by seepage, large stones, and excess fines. This soil is in capability subclasses Ille, irrigated. an IVe, nonirrigated. 11—Begay sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed sandstone and shale. The average annual precipitation is about 15 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 10 inches thick. The substratum is yellowish red stony sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is moderate, and the erosion hazard is severe. This soil is used mainly for irrigated pasture and hay and for grazing. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to _mature crops. Controlling- the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat- rass, needleandthread, and sagebrush. When range- condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing_ maintains and improves range condi- tion. Reducing brush is often necessary to improve dete- riorated range. Seeding improves range in poor condi- tion. Crested wheatgrass, western wheatgrass, and Rus- sian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by large stones, seepage, and steep slopes. This soil is in capability subclass IVe, irrigated and nonirrigated. 12—Bucklon-Inchau loams, 25 to 50 percent slopes. These moderately sloping to very steep soils are on ridges and mountain. des. Elevation ranges from 7.000 to 9.500 feet. These soils formed in sandstone SOIL SURVE the surface layer is dark grayish brown loam about 5 inches thick. The underlying material is dark grayish brown clay loam and grayish brown loam about 10 inches thick. Shale and sandstone bedrock is at a depth of 15 inches. Permeability of the Buckton soil is slow above bed- rock. Available water capacity is very low. Effective root- ing depth is about 10 to 20 inches. Surface runoff is medium, and the erosion hazard is severe. The Inchau soil is moderately deep and well drained. An organic layer is on the surface in some areas. Typi- cally, the surface layer is grayish brown loam about 3 inches thick. The upper part of the subsoil is dark gray- ish brown and yellowish brown clay loam about 15 inches thick, and the lower part is yellowish brown grav- elly clay loam about 18 inches thick. Sandstone and shale bedrock is at a depth of 36 inches. Permeability of the Inchau soil is moderate above bed- rock, and available water capacity is moderate. Effective rooting depth is 20 to 40 inches. Surface runoff is medium. and the erosion hazard is severe. - Included with these soils in mapping are small areas_ of Cochetopa, Cimarron, and Jerry soils. The Cochetop- and Jerry soils have slopes of 25 to 50 percent. The Cimarron soils are in small drainageways and hav slopes of 2 to 12 percent. These areas make up 5 to 1u percent of the map unit. These soils are used mainly for wildlife habitat and(, limited grazing. The native vegetation on these soils is mainly Gambel oak, elk sedge, and bromes. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Mule deer, elk, snowshoe rabbit, squirrel, and blue grouse find habitat on these soils. Community development is limited by steep slopes, depth to rock, and low strength. This complex is in capability subclass Vlls, nonirrigat- ed. 13—Chilton channery loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to • 1IFLE AREA, COLORADO 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. - Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. �-- Torriorthents are shallow - to moderately deep. They a are --generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- - ered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for leer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Scope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to foamy and con= - tain variable -amounts of gravel, cobbles, and -stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shaie. Some areas a.'e covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the; survey area. Included in mapping are small isolated areas of Ilde` fonso, Lazear, Ansari, Gaynor, Tridell, and Nihitl soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, neediegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These hmitations can be overcome by appropriate design - and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep( well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to"x,200 feet. This soil formed in calcareous eolian mate4 lie -; • • FIL D If1 SIS+ QCT PJF,T, , :.1' S....11 5, C:.L0.,ACO DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. 82CW52 NOV 1 01983 MAME if�tat,;AS, CLLRK Ruling of Referee IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF DONALD M. MAKSHALL IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: EAST ELK CREEK, IN GARFIELD COUNTY. The above entitled application was filed on March 10, 1982, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 20th day of April, 1982, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name and address of the applicant is Donald M. Marshall; 810 Minter Avenue; Glenwood Springs, Colorado. 3. This is an application for underground water right for Marshall Well, for water storage right for Marshall Pond, and for approval of Plan for Augmentation. 4. A. Marshall Well (1) The source of the water is a well having a depth of 60 feet, and being tributary to East Elk Creek, tributary to Elk Creek, tributary to the Colorado River. (2) The well is located in the SE4SE4 of Section 12, T.5S., R.91W. of the 6th P.M. at a point whence the Southeast Corner of said Section 12 bears S. 53°27'01" E. 256.89 feet. (3) The amount of water claimed is 0.055 cubic foot of water per second of time, conditional. (4) The proposed uses of the water are domestic, irrigation, commercial and fire protection for 1 single family residence, 10 residential cabins and a 30 seat restaurant. -1- 82CW52 • • (5) The date of initiation of appropriation is March 1, 1982. (6) The well has not been constructed and the water has not been diverted and applied to beneficial use. (7) On September 23, 1983, Denial No. AD -10171 was issued by the Office of the State Engineer to the application for drilling permit. B. Marshall Pond. (1) The source of the water for Marshall Pond is East Elk Creek through Barrett Ditch No. 2. On June 2, 1902, in Civil Action No. 961, Barrett Ditch No. 2 was awarded Structure No. 83AA, Priority No. 144BB, an absolute water right for 0.30 cubic foot of water per second of time, to be used for irrigation, with appropriation date of April 1, 1890. The applicant herein is the owner of 0.10 cubic foot of water per second of time of the above described water right. (2) Marshall Pond is located in the SEaSEa of Section 12, T.5S., R. 91W. of the 6th P.M. at a point whence the Southeast Corner of said Section 12 bears S.56°23'07" E. 328.46 feet. (3) The amount of water claimed is 0.80 acre foot, conditional. (4) The date of initiation of appropriation is March 1, 1982. (5) The reservoir has not yet been constructed and the water has not been stored and applied to beneficial use. (6) The water will be used to augment out of priority diversions in connection with a Plan for Augmentation, for domestic, irrigation, commercial, fire protection and wildlife pro- pagation. (7) The maximum depth of the excavation forming the pond is seven feet, and the total capacity of the reservoir is 0.80 acre foot. -2- • • C. Plan for Augmentation. (1) The applicant is the owner of 10 acres of land located in the SE4 of Section 12, T.5S., R.91W. of the 6th P.M., and in the SW4 of Section '7, T.5S., R.90W. of the 6th P.M. (2) The water right to be augmented by this Plan is Marshall Well, which is the subject of Paragraph 4-A of this Ruling of Referee. (3) The purpose of this Plan for Augmentation is to provide a dependable and legal supply of water to the Marshall Recreation Development. The Marshall Recreation Development consists of one single family residence, ten cabins and a 30 seat ,restaurant. (4) Applicant's Plan for Augmentation is as follows: (a) The applicant will use Marshall Well to supply the domestic inhouse water for the single family residence, the ten cabins and the 30 seat restaurant, and for irrigation of 0.17 acre of lawn and gardens adjacent to the residence and the cabins. (b) The total diversion necessary to sustain the development will be 3.9 acre feet per year, of which 2.76 acre feet will be for in house domestic purposes, and 1.14 acre feet will be used for the restaurant and for outside lawn irrigation. The total consumptive use will be 0.92 acre foot per year. (c) The 2.76 acre foot of water for domestic in- house use is based on a year -around population of 29 people, each requiring 85 gallons of water per day, of which 20% will be consumptively used, or 0.55 acre foot per year. (d) Approximately 0.17 acre of lawn and garden adjacent to the cabins and the restaurant will be irrigated. The total application of water for irrigation will be 0.46 acre foot of water, of which 0.23 acre foot will be consumptively used. (e) The 30 seat restaurant will require a total diversion of 0.68 acre foot per year based on 20 gallons per day per seat. Of this amount 20% or 0.14 acre foot will be consumptively used. -3- 82CW52 • • (f) In order to protect senior water rights when Marshall Well is diverting water out -of -priority, applicant will refrain from diverting 0.10 cubic foot of water per second of time of Barrett Ditch No. 2 water under Priority No. 144 BB, and will permanently remove from irrigation 0.65 acre of pasture land historically irrigated by said Barrett Ditch No. 2. This will provide 0.92 acre foot of water to East Elk Creek during the irrigation season, which has been historically consumed by the Barrett Ditch No. 2 water right under Priority No. 144BB. (g) Marshall Pond will be filled to its capacity of 0.80 acre foot of water by diversions of Barrett Ditch No. 2, Priority No. 144BB, when said ditch is in priority. During the non -irrigation season, when Marshall Well cannot divert under its own priority, water will be released from Marshall Pond to East Elk Creek in quantities sufficient to offset the water consumptively used in the non -irrigation season. This amount has been calculated to 0.45 acre foot plus 0.20 acre foot to compensate for evaporation and transit losses. The releases will be computed on the basis of 20% of the total diversion of Marshall Well. (h) In order to facilitate the administration of this Plan for Augmentation the applicant will install and maintain such measuring devices as required by the Division Engineer at the inlet and outlet of Marshall Pond, and will install a totalizing flow meter on Marshall Well. The Referee, having made the necessary investigations and having conferred with the Division Engineer as mandated by Statute, does conclude that the above entitled application should be granted as follows: A. Marshall Well is hereby awarded a conditional water right for 0.055 cubic foot of water per second of time, to be used for domestic, irrigation, commer- cial and fire protection purposes, with appropriation date of March 1, 1982; provided always that said quantity of water be diverted and applied to beneficial use within a reasonable time, and subject to all earlier priority rights of others and to the integra- tion and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. -4- 82CW52 • • B. Marshall Pond is hereby awarded a conditional water right for 0.80 acre foot of water, to be used for domestic, irrigation, commercial, fire protection and wildlife propagation in connection with a Plan for Augmentation, with appropriation date of March 1, 1982; provided always that said quantity of water be stored and applied to beneficial use within a reasonable time, and subject to all earlier priorities of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. As to the conditional water rights awarded to Marshall Well and to Marshall Pond, an application for quadrennial finding of reasonable diligence shall be filed in November of 1987 and in November of every fourth calendar year thereafter so long as claimant desires to maintain said conditional water right or until a determination has been made that said con- ditional water rights have become absolute by reason of the completion of the appropriations. C. (1) The Plan for Augmentation is one contemplated by law and if administered in accordance with the Plan as set forth in paragraph 4-C above, will permit the diversion of water by Marshall Well without injuriously affecting senior water rights on East Elk Creek. (2) Marshall Well may be used as the source of water to supply one single family residence, 10 residential cabins, a 30 seat restaurant, and to irrigate 0.17 acre of lawns and gardens. Bypasses of water previously awarded to Barrett Ditch No. 2 under Priority No. 144BB will be made as set forth in paragraph 4-C (4)(f) above, when a valid call is made on Marshall Well during the irrigation season. Releases from Marshall Pond will be made as set forth in paragraph 4-C (4)(g) above, when a valid call is made on Marshall Well during the non -irrigation season. (3) The septic system for the Marshall Recreation Development shall be of the non -evaporative type and all return flows therefrom shall be to the East Elk Creek drainage. (4) Measuring devices as approved by the Division Engineer shall be installed at the inlet and out- let of Marshall Pond, and a totalizing flow meter shall be installed on Marshall Well. The Officials of the Office of the State Engineer shall have reasonable access to the structures and measuring devices. -5- 82CW52 • • (5) The Office of the State Engineer shall issue a drilling permit for Marshall Well in accordance with this Plan for Augmentation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated /Voi/E/4t3E',G /D� /1f83 BY THE REFEREE: a.4.[ C 1:4_ Wat if • - feree W r Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court; provided however, that the approval of this Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which this decision is rendered. r�!;c� fc,rrr;�?s� rnai1,;1 t(i all Waite/. -Div. Cagineer•1rr..anii .. roti inner--- —Date1 1:1 ty U!er!c, Water Div, (Vo, 5 Dated -6- Water Judge • • 82CW52 (5) The Office of the State Engineer shall issue a drilling permit for Marshall Well in accordance with this Plan for Augmentation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated Alotiffiiii3ex. /0, /83 • BY THE REFEREE: 4,4441:4_ Wats 1 -feree W -i- Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court; provided however, that the approval of this Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which this decision is rendered. Etgineer-t- •;Ihti . W=ater Div.. Jo. ....... .. Dated (264/7/- ,/�Z -6- WRJ-S•Rev'. 76 *ORADO DIVISION OF WATER RESOCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. FOR: PERMIT APPLICATION FORM A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO )OTHER WATER COURT CASE NO RECEIVE[) AUG 0 9 1983 WATER RESOURCES aoV I - (1) APPLICANT - rpailing address NAME D9N Ld /7. a,2sLL STREET W 0 ! l l Aire rt. Ave " CITY CIepNW °cid $ r,;'ys 670 (State) TELEPHONE NO 9q1r--- i9-03 2 (Zip) (2) LOCATION OF PROPOSED WELL County Gii,rzPielot SE ¶/4 of the SF %, Section /P2- Twp. ZTwp. Rng. 57% 911/ C T P.M. iN,SI (E,WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) T g p ,i Average annual amount of ground water to be appropriated (acre-feet): 40-e_ Number of acres to be irrigated: 0 Proposed total depth (feet): PodT- Aquifer ground water is to be obtained from: ALL(1VIVM OVPrt/ yIA/, ,44 poo,) Fon. HRTloxt webre ,S,)n.pJr-uN�_ Owner's well designation GROUND WATER TO BE USED FOR: (X) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name ��JC��vSee eo/o Dnc ((,P2 Street City (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No /©�� Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY ID s=3� COUNTY 2 3 • Recorded at /� ' c1or. M AUG 9 1979 Reception No 2'363Mildrod Aladorf, Rooerdex BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-93 BOOK 532 FM E879 WHEREAS, Chester L. Barry has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 70.0 acre tract described as follows: that parcel of land as described in Document No. 221682 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 24.70 and 45.30 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SWa Section 7 of Township 5 South, Range 90 West of the Sixth Principal Meridian, and in the SE4 Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point which is common to Sections 7 and 18 of said Township and Range, and common to Sections 12 and 13 of Township 5 South and Range 91 West of the Sixth Principal Mer- idian; thence N. 00°37'50" E. 109.82 feet along the line between said Sections 7 and 12; thence -.N. 30°22'00" E. 294.00 feet along the westerly right-of-way of an existing road; thence departing from said right-of-way N. 27°16'21" W. 43.64 feet along the center- line of an existing road; thence N. 18°52'55" E. 20.25 feet along said centerline; thence N. 43°58'37" E. 78.66 feet; thence N. 32° 00'46" E. 135.54 feet; thence N. 11°31'17" E. 33.97 feet; thence N. 58°37'37" W. 22.89 feet; thence S. 63°54'38" W. 25.15 feet; 0 thence S. 44°00'56" W. 65.79 feet; thence S. 58 57'46" W. 37.17 feet; thence S. 79°36'18" W. 38.68 feet; thence N. 79°27'24" W. 221.98 feet; thence N. 65°01'45" W. 54.85 feet; thence N. 50°11'31" W. 61.46 feet whence a witness corner lies N. 02°28'32" W. 51.43 feet; thence departing from said centerline N. 18°51'38" E. 672.84 feet to a rebar and cap on the line common to Sections 7 and 12; thence S. 77°09'58" E. 238.14 feet; thence S. 35°41'12" BOOK 532 FMGr8J0 E. 609.53 feet; thence S. 79°48'32" E. 610.63 feet; thence S. 00°44' 50" W. 612.78 feet to a point on the line common to said Sections 7 and 18; thence along said Section line S. 88°48'50" W. 1195.26 feet to the point of beginning. Said parcel contains 24.70 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full subdivision process; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, upon the motion of Larry Velasquez , seconded by Richard C. Jolley , and carried, the division of the above described tract "A" from the above described 70.0 acre tract is hereby exempted from such definitions and said tract may be divided into tract "A", as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tract "A", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 7th day of August , A.D. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO 8Y ATTEST: L1.1ICCCCL t Deuty CkIof the Baa.rd of CountY Commissioners Garfield County, Colorado (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. I .4 1 MILE, 5280 FEET 1►l .• ga. I f' } —— I INORTH+ � J Z I H O U N rn I i I I ix SOUTH SECTION LIN + (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 7c? -5^ ft. from 5061714 _ sec.•line (north or south) /15'7 sec. line (east or west) 9c7o ft from LOT BLOCK FILING # SUBDIVISION -!- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (7) TRACT ON WHICH WELL WILL BE LOCATED Owner:Aiu3id M-/6111AS 1' (7 No. of acres is Will this be the only well on this tract? YCS (8) PROPOSED CASING PROGRAM Plain Casing in. from '' ft. to 4/0 ft in from ft to ft Perforated casing 6. in from 110 ft to J-0 ft in. from ft to ft (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH�/GROUND WATER WILL BE USED: Owner(s): DON 3i/ ! L, l 1AriA/a a No. of acres: /0 Legal description LOCc)rec( 14i 'Ike- St. * 0 - SES/Y 5-67•1-/ark/2 CAYAchv-c( 1)eri4Pd Drscr/pr,(ni) (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal ystem to beu ed / (/)-ehoZ •igKr,*-- / —i A(203C (1t Se CPI TY w 92/ �Pp%re 7,tnli< /It'd LrAck 1 r“d (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right /Tid for (purpose)�Description�^of land on which used dl l F5 o B prre7r !/�rJG-£3 i J �Nc J A6ov-e %9,Tc A '- Z (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. 'NATURE OF APPL ICANT(S) Use additional sheets of paper if more space is required. RICHARD D. LAMM Governor 2227H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 12, 1984 Mr. Mark L. Bean Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Marshall Exemption Dear Mr. Bean: JERIS A. DANIELSON State Engineer We have received your letter of February 17, 1984 concerning the above named proposal. Marshall seeks two lots from ten acres. The applicant has an augmentation plan providing for one single-family dwelling, ten cabins and a 30 -seat restaurant. Apparently, the single-family dwelling would be located on one lot and the other commercial uses on the other lot (the resort lot). You ask if we could issue a domestic well permit for the proposed resort lot in lieu of the resort uses indicated above. This assurance is sought so as not to create a dry lot if the proposed resort uses do not materilize. We have evaluated this proposal and determined that upon formal applica- tion for a well permit we could issue a permit for a well for in-house use in a single-family residence in lieu of the use within the ten cabins and restau- rant. The decree also allows for a total of 0.17 acres of irrigation (origi- nally assigned to the cabin and restaurant area). We would not be able to assign any of this irrigation credit to an application for a residential well until the owner of these rights assigns them between the proposed two lots. The owner of the water rights must commit a suitable interest in the augmenta- tion plan to each lot. The applicant should demonstrate his ability to operate under the plan. Since the decree was so recent, we doubt that the reservoir has been con- structed. We would not recommend approval of this proposal until the reser- voir has been constructed and the applicant has demonstrated he can operate in accordance with the augmentation plan. Once this is done, we would have no objection to this proposal. Mr. Mark L. Bean Page 2 March 12, 1984 Please let us know if you have any questions or if we can review addi- tional information concerning the applicant's ability to operate the reservoir. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Orlyn Bell, Div. Eng. Reiner Haubold • • 2445 County Road 24]. New Castle, Colorado 81647 April 20, 1984 Garfield County Planner 2014 Blake Ave. Glenwood Springs, Colorado Dear Mr. Bean, I consent to the Senate Bill 35 exemption application of Mr. Don Marshall concerning a parcel of ]and located in the SE4 SE4 Section 12, Township 5 South, Range 91 west of sixth principal meridian, and located in lot 4 of section 7, Township 5 South, Range 90 west of the 6th principal meridian. This consent is given with the stipulation that, according to the verbal agreement between you and my father (Chester Barry), any costs incurred will be the responsibility of Mr. Marshall. This agreement is to be in writing and signed by Mr. Marshall. Sincerely, Phyllis Chowdry li APR 2 3 19$4 GARHELD GO. PLANNER Recorded at AV o'clock_ Reception No. _ t'r' S P 15x.198'/eA' � • order . L� 3 , THIS DEED. S1ari, thy, 1 ,eta lat .I September . Iv 82. between CHESTER L. BARRY AND ANNA A. BARR'r ofthe r nunt} .I Mesa l olorado, of the first part, and PHYLLIS L. CJIOWDRY whoa/ legal address is 2445 County Road 24i , Net,. r_as tie, Coloiado 81647 of the loom, C,arfield +nd,rra • • olorado, of the -eenno part. WITNESSETH. That the -aid part Legrf i,. i'en Dollars arti_i other good and valuable conslderatjor. rid Stale ,d RECORDER'S STAMP GARFI„D SEP 1 5 '1982 Stats Doc. Fee DOLLARS, to the said part ieg.f the first part in hand paid tic t he said party -r1 t he .r, par t, t he reeerpt whereof is hereby confessed and acknowledged ha verem:.ed. released -old • or. rec.•d and (11 IT 1 LA 1ME0. and by these presents deer remiserelease, sell., ey and WI IT ( -LAIM unto the said party „1' r,, ., ro nu part. her heirs. successors and assignsfore, er, all the right. title, inter. :,t. r lain] and demand whir'1. • nr +aid parr leSef the first part have ;n and to the following descru ed lot or parcel of land situate. lying and being in t County ' of Garfield and State of Colorado. to wit A parcel of land locates_ tr. the SEASV1 of Section 12 Township 5 South, Range 91 West of the 6th Principal Meridian and located in Lot 4 of Section 7, Township 5 South, Range 90 West of the 6tn Principal Meridian more particularly described as follows: Beginning at the SE corner of Section 12, theme South 89°16'16" West 60.72 feet '1O THE TRUE POINT OF BEGINNING, thence North 3J°22'00" Fast 385.04 feet; thence North 76°35'30" W. 134.5 feet; thence South 89'16'16" West 1297.94 feet; then ae North 00°35'43" East 957.34 feet to the Northwdst corner of the SE; SV...of Section 12, thence Fast 1320 feet more or less to the NE corner of the SE3 SEIa; thence S. 0°37'50" West 79.33 feet; them South 18°51'38" West 672.84 feet; thence South 50°11'31" Fast 61.46 feet; thence South 65°01'45" East 54.85 feet; these South 79°27'24" Fast 221.98 feet; thence North 79°36'18" 38.68 feet; thence North 58°57'46" Fast 37.17 feet; thence North 44°00'56" Fast 37.79 ceet; thence North 63°54'38" East 25.15 feet; thence South 58°37'37" East 22.89 feet; thence South 11°31'17" West 33.97 feet; _hence South 32°00'46" West 135.54 feet; thence South 43°58'37" West 78.66 feet; thence South 18°52'55" West 20.25 feet; thence South 27°16'21" Fast 43.64 feet TO THE ?RUE POINT OF BFX INNIN . also know uS ,tri•rt and norm net TO HAVE ANI, Ili FOP!.!..n. .a: :sigh:.rt ./anal] .i d..nr ;al r : .. ., ' i al I .. :. .; ,. . .,e Key ' nrrrunto belonging or in ar, wise thereunto app. r'„rnu,g, and all the estate. ght •:t.e. lit' re -t an; r !mini whatsor, er of the said part ie -5,4 t he first part, .•rt her in law or equity, to the only prop. r use, benet it and behoof oft he said part y of the second part, her heirs and assigns forever. IN WITNESS WHEREOF, The said part jest- the I:r•.t part have '.ereunt-. set the.itfand s and sealg the day and year first above written (1 �\., l C1]e.St�::' Barry a._ /L( 1SEAL) Signed, Sealed and Deli -r-•d ,r, the fieri// e .,1 STATE OFCOLORAItO Cot my of SS. - -- ISEALJ � -.,+ 1• ISEALJ Anna A. iia. r_y 4SEALJ The f°re¢enng lost/ urgent waacknowledged before me this / Ct f9 7 by` (FrESr£Az v,i A- (5A/UY My commission expires a .f 19,-5 Witness my nand and officio. st ae aiiL ?t) J710 rk ;is , No. 8113. Qt'lTct.Atst peen. H:.41, rdi t'Ir,,,,,, 3 • • Reception No - THIS DEED, Made this Loth lav ..f Septgnnber between CHESTER I. BARRY AND ANNA A. BARRY .1982, rthe County of Mesa and state of oiorado,of the first part, and PHYLLIS L. CVDRY hose legal address is 2445 Count} R:aai 241 , New Castle, blorado 81647 :the County of Garfield and state of _olora.do, of the second part, W STNESSETH, That the said part of the 'irat part, for and in consideration of the sum of Ten Collars and other good and val'.lable cc*is deraticn --- DOLLARS, to the said partleSof the first part in hand paid h,, the said part y of the second part, the receipt whereof is hereby confessed and acknowledged. haVeremised, released, sold, conveyed and QUIT CLAIMED, and by these preserts de es remise, release, sell, convey and ( UIT CLAiM unto the said part t of the recon part, her heirs, successors and assigns, forever, all the right, title. interest, claim and demand which the said part of the first part ha vein and to the following described lot or parcel of Lend situate, lying and being in the County of Gar field and State of Colorado, to wit: Any lands lying in the SEQ :E; of ,'ection 12, Township 5 South, Range 91 West of the 6th Principal Meridian or in Lc s and 4 of Section 7, 'Ibwnship 5 South Range 90 West of teh 6th Principal Meridian in which parties of the first part have any interest whatsoever and wtich have not been otherwise conveyed by the parties of the first part. GAS= also known as street and number CO HAVE ANI) TO HOLD the same, together with all and singular the appurwnances and priviie;^ca th?rer.nto belon„ir:g or in anywise thereunto apper.aining. and all the estate, right, title, intrre ,t and e7aim wha'.s rc r, of the stud par; leaf the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, har heirs and assigns forever. IN WITNESS WHEREOF, The said part ie3f the f r.'.t part have hereunto set _e "r.nd S end seal;3 the day and year first above written r, ��� rISE.�LI Signed, Sealed and Delivered in the Presence of Chester L. Barry -. �.. • /3 cL„.- (SEAL) Janna A. Barry I —,1sEALI (SE.UJ STATE OF COLORADO, I u. County of�f The forw�o°ing instrument was acknowledged before me this /(' ap.by* COE:S7t-it i /5/40Z.g.y )F Atovii. ,4 , RRV My commission expires Jo y , 19 s_i 14 it n,:.;:r I ,y hand and official seal. day of d • • P.O. Box 640 Dr. Phyllis L. Chowdry 2445 County Road 241 New Castle, CO 81647 Dear Dr. Chowdry: N °y h ,o. it GARFIELD COUNTY 4 APR 12 1984 '.L COUNTY ATTORNEY'S OFFICE--- ------ - --�' GA.1 1ELD CO. rL\i R Glenwood Springs, Colorado 81602-0640 Phone 945-9150 April 12, 1984 The purpose of this letter is to express the position of the Garfield County Attorney's Office as to a letter you received on March 13, 1984, and to ask your cooperation in attempting to resolve a matter involving the following property, to -wit: A parcel of land located in the SE 1/4 SE 1/4, Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, and located in Lot 4 of Section 7, Township 5 South, Range 90 West of the 6th Principal Meridian. I have been in contact with Mr. Chester L. Barry, and am writing this letter at his request. I have been informed by the Planning staff for the Garfield County Department of Development that the piece of property, which you own, is not less than thirty-five (35) acres, but is in excess of thirty-five (35) acres by some fraction. As to this factual misrepresentation in the March 13, 1984 letter, I apologize. At the risk of trying your patience, I would like to explain to you a point of law, which is relevant to the issue at hand. At Section 30-28-101, the Statutes define a "subdivision" as a parcel of land "which is divided into two (2) or more parcels". An exception to this definition is found at Subsection 10(a)(b), where it is said: "The term 'subdivision' in subdivided land, as defined in Paragraph (a) of this Subsection 10, shall not apply to any division of land which creates parcels of land, each of which comprises thirty-five (35) acres or more acres of land, and none of which is intended for use by multiple owners." (emphasis added) The purpose of my reciting this Statute is to indicate to you that the factual error describing the subject parcel as under thirty-five (35) acres, as opposed to being in excess of thirty-five (35) acres, is not material since the land split in question created a parcel of ten (10) acres, which is less than the thirty-five (35) acres set forth in the above exception. Therefore, the recitation of authority under the Statute, both civil and criminal, is still appropriate, even though the property which you own is in excess of thirty-five (35) acres. Dr. Phyllis L. Chowdry April 12, 1984 PAGE TWO May this letter also confirm my representations to Mr. Barry that the Board of County Commissioners is agreeable to making an exception to its normal practice, and not require that an exemption plat be filed in this case; rather, reference can simply be made to deeds which are already in existence. Because of this, it is hoped that your coopration in this matter will not impose any financial burden upon you. Therefore, it is my request that you write a letter to Mr. Mark Bean, Garfield County Planner, 2014 Blake Avenue, Glenw000d Springs, Colorado 81601, and consent to the Senate Bill 35 exemption application of Mr. Don Marshall. Hopefully, the County will not require anything further of you. I hope this letter answers any questions you may have and, on behalf of the Board of County Commissioners, I would apologize for any undue inconvenience this matter has caused you. Very truly yours, Earl G. Rhodes Garfield County Attorney EGR/sl pc: Mark Bean, Garfield County Planner Don Marshall Garfield County Board of County Commissioners • GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 MEMORANDUM TO: Steve Zwick, Assistant County Attorney FROM: Mark Bean, Senior Planner DATE: March 19, 1984 RE: Conversations with Mr. Chester Barry and Don Marshall regarding the creation of Mr. Marshall's ten (10) acre parcel. Mr. Barry called this morning to request a meeting with me in response to your letter to his daughter, Ms. Phyllis L. Chowdry, dated March 13, 1984. I agreed to meet with him this morning. In the interim, I called Mr. Marshall to see if he would like to be present, to which he responded positively. Mr. Barry, Mr. Marshall and I sat down at approximately 10:00 a.m., to discuss the resolution of the issue. Mr. Barry questioned why a letter was sent to his daughter since her parcel was legally created. I explained that his daughter's parcel was created as a result of the 10 acres being separated from a 46 acre parcel in a manner that appeared to have been done illegally. He stated that the 10 acre parcel was sold to Mr. Dertinger and Ms. Fuller as agricultural land for grazing horses. He continued that someone in the Garfield County Planning Department had advised him that this was alright and the fact that Mr. Dertinger had sold the land to Mr. Marshall for other reasons was not his or his daughter's problem and that any action on the part of the County should be brought against Mr. Dertinger. I explained that the County was trying to deal with the landowners involved (Mr. Marshall and Ms. Chowdry) to try and resolve this issue in a manner that will not require any litigation on anyone's part. It was further explained that if Ms. Chowdry would agree to file jointly with Mr. Marshall for an S.B. 35 Exemption, this issue could be resolved fairly easily. Mr. Barry was concerned about the creation of right-of-way easements through his daughter's property to Mr. Marshall's property. Mr. Marshall said he did not need nor would he ask for any access easements since he had approximately 400 feet of property fronting on the County road. Mr. Barry was also concerned that he might have to go to the expense of having a survey done on his daughter's parcel. I said that this may be necessary, but that I would check with you and the County Surveyor to verify this. It was further explained that S.B. 35 Exemptions do require an exemption plat with legal descriptions of any parcels created. Mr. Barry said if he could be assured that he would not have to have a survey done, he and his daughter might consent to co-sign a S.B. 35 Exemption. 100 8TH STREET P.O. BOX 640 GLENWOOD SPRINGS, COLORADO 81602 • • Memorandum Page Two Mr. Barry was also upset about the way his daughter was made aware of this issue. He felt that a letter explaining what was needed to clarify the situation would have been more appropriate. I explained that the intent was to initiate verbal or written communication with his daughter and Mr. Marshall to try and resolve the problem. Additionally, I explained that the County has no records to verify any conversations with the Planning Department about the agricultural land sale not being subject to County approval. It was further explained that by examining the records available, it appeared that Mr. Barry had conveyed the 10 acre parcel prior to an S.B. 35 Exemption approval in 1979 and had included the 10 acres as still being a part of the larger parcel. Mr. Barry conceded that he did convey the 10 acres prior to the S.B. 35 exemption being approved. The meeting ended with my assurance that I would put everything in writing as to communication between all parties and that I would meet with you to relay this conversation. Later this afternoon, Mr. Barry called to say that he had reconsidered his possible commitment to work with Mr. Marshall and the County to resolve this issue due to what he felt was "harassment" in the letter sent by yourself. I respectively disagreed and told him the letter was not intended to be harassment on the County's part, that it was to initiate discussion and resolution of a mutual problem. He still felt it was unnecessary harassment and that it could have handled in a more straightforward manner. He stated he would be seeking consultation on the harassment issue. On the following morning, March 20, Mr. Barry called to say that if you would send a letter of correction and apology to Dr. Phyllis Chowdry, they would be willing to cooperate fully in resolving the problem. P.O. Box 640 TO: GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81602-0640 MEMORANDUM Mark Bean Garfield County Senior FROM: Steven J. Assistant DATE: March 13, Planner Zwick Garfiel county Attorney 1984 Phone 945-9150 SUBJECT: Clarification of Memo of February 22, 1984 RE: SB 35 Exemption Application of Donald M. Marshall I have double-checked the statute, which the Colorado Supreme Court interpreted in The Board of County Commissioners of Pitkin County vs. Pfeifer, 546 P.2d 946 (1976). The particular statute, which the Court was interpreting in that case, C.R.S., Section 30-28-124, Paragraph 2, was amended in 1977. The new language appears to restrict the County from seeking to enjoin a person from using their parcel to those situations where the violation solely relates to the zoning of the parcel and not to how the parcel was created. That is, I now believe, that, under the present statute, one could not bring an action to enjoin the use of the property simply because the particular parcel was illegally created. To enjoin the use of the parcel, under the present statute, one would have to show that its present usage or construction is in violation of the County's Zoning Resolution or of the State Zoning Statutes. I hope this clarifies the matter. You will note that the letters sent to Mr. Marshall and Ms. Chowdry have been modified to reflect our conversation of Friday, February 24, 1984. /sl Enclosures MAR R 1984 P.O. Box 640 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81602-0640 Phone 945-915 March 13, 1984 Mr. Donald M. Marshall 810 Minter Avenue Glenwood Springs, CO 81601 Dear Mr. Marshall: This office represents the Garfield County Board of County Commissioners and the Garfield County Department of Development. We have been informed that you are the current owner of record of a parcel of land, under thirty-five (35) acres, situate in Garfield County, and legally described as follows: Parcel A: A parcel of land situated in the SE 1/4 SE 1/4, Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, and in the SW 1/4, Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at an iron post and brass cap properly marked and found in place for the SE Corner of said Section 12, thence S. 89° 16'16" W. along the South line of said Section 12 60.72 feet to a point on the Westerly right-of-way of East Elk Creek County Road, the True Point of Beginning; thence along said South line S. 89°16'16" W. 162.20 feet to a point on the Northeasterly line of property described in Document No. 280058 in the Clerk and Recorder's Office of said Garfield County; thence N. 65°19'59" W. along a line bounded on the South and West by said Document No. 280058 79.51 feet; thence along said Document line N. 66° 25'59" W. 349.90 feet; thence S. 43° 36'01" W. along a line bounded on the South and East by said Document No. 280058 200.00 feet; thence S. 61° 11'59" E. along a line bounded on the North and East by said Document No. 280058 70.95 feet to said South line of Section 12; thence along said South line S. 89°16'16" W. 606.91 feet to the West line of said SE 1/4 SE 1/4, Section 12; thence leaving said South line N. 00°35'43" E. along said West line 362.66 feet; thence leaving said West line N. 89° 16'16" E. 1297.94 feet; thence S. 76°35'30" E. 134.50 feet to said Westerly right-of-way of East Elk Creek County Road; thence along said Westerly right-of-way S. 30°22'00" W. 385.04 feet to the True Point of Beginning. • • Mr. Donald M. Marshall March 13, 1984 PAGE TWO A check of Garfield County records has failed to produce evidence that this parcel has been legally subdivided, in accordance with the Subdivision Regulations of Garfield County, Colorado, of 1978. There is no subdivision final plat or exemption certificate filed and of record with the Garfield County Clerk and Recorder's Office for the parcel in question. Please be advised that it is a criminal offense, pursuant to C.R.S., Section 30-28-110(4), as amended, for any subdivider or agent of a subdivider to transfer legal or equitable title or sell any subdivided land before the Garfield County Board of County Commissioners has approved the final plat for the land in question or exempted it from subdivision review. Violation of this Statute is a misdemeanor and, upon conviction, is punishable by a fine of not more than One Thousand Dollars and No/Cents ($1,000.00) nor less than Five Hundred Dollars and No/Cents ($500.00). Please contact Mark Bean, Garfield County Senior Planner, with the Garfield County Department of Development, at 945-8212, within thirty (30) days of the date of this letter. Your failure to contact the person specified at the Department of Development within the time allowed, can result in the Board of County Commissioners enacting a Resolution prohibiting the issuance of any building permits for the parcel in question, pursuant to C.R.S., Section 30-28-110(4)(a), as amended. This matter will be referred to the Board for appropriate action should you fail to contact the Department of Development within thirty (30) days of the mailing of this letter. Please be advised that the transfer of land, which has been illegally subdivided, may constitute prima facie evidence of a fraudulent land transaction and may be grounds for the purchaser of such a parcel to void the transfer or sale by bringing an appropriate civil legal action, pursuant to C.R.S., Section 30-28-110(4)(d), as amended. Very truly yours, OFFICE OF THE GARFIELD COUNTY ATTORNEY By: Steven J.( Z4_ Assistant -Garfield County Attorney SJZ/s]j pc: Vqark Bean, Senior Planner, Garfield County Dept. of Development • • GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE P.O. Box 640 Glenwood Springs, Colorado 81602-0640 March 13, 1984 Ms. Phyllis L. Chowdry 2445 County Road 241 New Castle, CO 81647 Dear Ms. Chowdry: Phone 945-9150 This office represents the Garfield County Board of County Commissioners and the Garfield County Department of Development. We have been informed that you are the current owner of record of a parcel of land, under thirty-five (35) acres, situate in Garfield County, and legally described as follows: A parcel of land located in the SE 1/4 SE 1/4, Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, and located in Lot 4 of Section 7, Township 5 South, Range 90 West of the 6th Principal Meridian. A check of Garfield County records has failed to produce evidence that this parcel has been legally subdivided, in accordance with the Subdivision Regulations of Garfield County, Colorado, of 1978. There is no subdivision final plat or exemption certificate filed and of record with the Garfield County Clerk and Recorder's Office for the parcel in question. Please be advised that it is a criminal offense, pursuant to C.R.S., Section 30-28-110(4), as amended, for any subdivider or agent of a subdivider to transfer legal or equitable title or sell any subdivided land before the Garfield County Board of County Commissioners has approved the final plat for the land in question or exempted it from subdivision review. Violation of this Statute is a misdemeanor and, upon conviction, is punishable by a fine of not more than One Thousand Dollars and No/Cents ($1,000.00) nor less than Five Hundred Dollars and No/Cents ($500.00). Please contact Mark Bean, Garfield County Senior Planner, with the Garfield County Department of Development, at 945-8212, within thirty (30) days of the date of this letter. Your failure to contact the person specified at the Department of Development within the tirne allowed, can result in the Board of County Commissioners enacting a Resolution prohibiting the issuance of any building permits for the parcel in question, pursuant to C.R.S., Section 30-28-110(4)(a), as amended. This matter will be referred to the Board for appropriate action should you fail to contact the Department of Development within thirty (30) days of the mailing of this letter. • i Ms. Phyllis L. Chowdry March 13, 1984 PAGE TWO Please be advised that the transfer of land, which has been illegally subdivided, may constitute prima facie evidence of a fraudulent land transaction and may be grounds for the purchaser of such a parcel to void the transfer or sale by bringing an appropriate civil legal action, pursuant to C.R.S., Section 30-28-110(4)(d), as amended. Very truly yours, OFFICE OF THE GARFIELD COUNTY ATTORNEY By: Steven J44 � ck Assistant field County Attorney SJZ/s11 pc. vAark Bean, Senior Planner, Garfield County Dept. of Development RICHARD D. LAMM Governor 2227H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 12, 1984 Mr. Mark L. Bean Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Marshall Exemption Dear Mr. Bean: JERIS A. DANIELSON State Engineer „Ao 1,984 PLAN We have received your letter of February 17, 1984 concerning the above named proposal. Marshall seeks two lots from ten acres. The applicant has an augmentation plan providing for one single-family dwelling, ten cabins and a 30 -seat restaurant. Apparently, the single-family dwelling would be located on one lot and the other commercial uses on the other lot (the resort lot). You ask if we could issue a domestic well permit for the proposed resort lot in lieu of the resort uses indicated above. This assurance is sought so as not to create a dry lot if the proposed resort uses do not materilize. We have evaluated this proposal and determined that upon formal applica- tion for a well permit we could issue a permit for a well for in-house use in a single-family residence in lieu of the use within the ten cabins and restau- rant. The decree also allows for a total of 0.17 acres of irrigation (origi- nally assigned to the cabin and restaurant area). We would not be able to assign any of this irrigation credit to an application for a residential well until the owner of these rights assigns them between the proposed two lots. The owner of the water rights must commit a suitable interest in the augmenta- tion plan to each lot. The applicant should demonstrate his ability to operate under the plan. Since the decree was so recent, we doubt that the reservoir has been con- structed. We would not recommend approval of this proposal until the reser- voir has been constructed and the applicant has demonstrated he can operate in accordance with the augmentation plan. Once this is done, we would have no objection to this proposal. • • Mr. Mark L. Bean Page 2 March 12, 1984 Please let us know if you have any questions or if we can review addi- tional information concerning the applicant's ability to operate the reservoir. Sincerely, 9e42 la •�2�-- Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Orlyn Bell, Div. Eng. Reiner Haubold P.O. Box 640 • • GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81602-0640 Phone 945-9150 MEMORANDUM TO: Mark Bean, Senior Planner FROM: Steven J. Zwick, Assistant Garfield County Attorney DATE: February 22, 1984 SUBJECT: SB 35 Exemption Application of Don Marshall for a Lot Illegally Created This is to confirm our conversation of Friday, February 17, 1984, regarding the above -referenced matter. I had discussed the issues raised by Mr. Marshall's request for a subdivision exemption, and he concurs in my analysis. It is my understanding that Mr. Marshall is seeking an SB 35 Exemption from full subdivision review to divide a ten (10) acre parcel into two (2) parcels of two (2) and eight (8) acres each. This ten (10) acre parcel was part of a larger tract of about seventy (70) acres when it was originally conveyed by its owner, Chester Barry, in May, 1979. The Len (10) acre parcel did not go through the full subdivision process or the exemption process when conveyed by Mr. Barry in 1979. A laryer parcel, of which the ten (10) acres is a part, was divided by an SB 35 Exemption in August, 1979 into tracts of twenty-five (25) and forty-five (45) acres. It is clear that one cannot divide real property, for subdivision and land use purposes, into parcels of less than thirty-five (35) acres without going through either an exemption or full subdivision review process, since 1973. Accordingly, for subdivision exemption purposes, Mr. Marshall's ten (10) acre parcel does not legally exist. The parcel, therefore, cannot be legally further divided without first being legally created. The Board could also seek to enjoin any further use of the property, since its present not only violates subdivision requirements, but is also in of zoning. Please see the case of . <� Pitkin County vs. Pfd, 546 P.2d 946 (1976). In order for the Marshall parcel to obtain legal standing for land use purposes, the applicant, along with the land owners of the remaining portion of the original forty-five (45) acre parcel, must apply for either full subdivision review or an exemption, and successfully complete the process. Only then will the present parcels have legal existence for subdivision and land use purposes under the Garfield County Subdivision and Zoning Resolution, as well as State Land Use Law. The present lots of approximately ten (10 P. II II existence violation 0S • • Mark Bean, Sr. Planner February 22, 1984 MEMORANDUM, Page Two and thirty-five (35) acres are illegal for County land use purposes and will remain so until the present owners go through the subdivision or exemption process, which is a prerequisite for any further division of the parcels. Any attempt by Mr. Marshall to use the ten (10) acre parcel for any purpose, including conveyance of a part of the parcel, is clearly in violation of the County's Subdivision and Land Use Resolutions and of State law, and would be subject to a request for injunctive relief from District Court. I have also reviewed the ruling of the Referee of the decree in the Water Court case involving this property. It is my opinion that, with regard to the use of water on the property, the property's use is limited to a single-family residence, ten (10) residential cabins and a thirty (30) seat restaurant. You are correct in pointing out that once the exemption is granted, there would be two (2) parcels on the property which could be used for any purpose permitted in that zone district. Accordingly, it would be advisable to obtain the State Engineer's opinion with regard to the Water Court decree seeking clarification as to whether a residence can be located on each of these parcels under the ruling of the Water Court. /sl • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 February 17, 1984 Hal D. Simpson, Assistant State Engineer Colorado Division of Water Resources 1313 Sherman Street - Room 818 Denver, CO 80203 Re: Sievers Exemption Marshal Exemption Dear Mr. Simpson: Enclosed are two applications for exemption from the definition of subdivision. In each case, we have some questions as to the legality and adequacy of the proposed water source. In the Sievers exemption, there are two well permits included, as well as three legal descriptions of wells on the property. One question relates to permit number 24328-F and whether or not the conditions of approval have been met? The other question is whether or not there is a record of approval or permit of the third well and the use of the water? Included with the Marshall information is a copy of a plan for augmentation. The plan for augmentation allows him to use his well for 1 (one) single family dwelling, 10 (ten) residential cabins and a 30 (thirty) seat restaurant. While this will serve the water needs of his proposal, this application is to create two lots of eight (8) and two (2) acres each. To approve this, we need assurance that both lots have a legal, adequate source of domestic water. Should Mr. Marshall not receive approval of his proposed resort, it appears that the County could be approving a two acre lot without a domestic water source. My question is, can your office approve the use of the Marshall well for use by two single family dwellings if the resort and restaurant use is not applied, without a modification of the water augmentation plan? Both of these applications are scheduled for review in March. Sievers on March 12th and Marshall on March 19. Your response to the questions raised will be important to the recomunendation made to the Board. Thank you, in advance, for your consideration of these concerns. Sincerely, Mark L. Bean Senior Planner MLB/emh encl. 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 lik GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 MEMORANDUM TO: Steve Zwick, Assistant County Attorney FROM: Mark Bean, Senior Planner0A6 DATE: February 13, 1984 RE: S.B. 35 exemption application by Don Marshall on lot illegally created Mr. Marshall has applied for a S.B. 35 exemption on a 10 acre parcel that was created illegally in May 1979. Apparently Mr. Barry, the original land owner, was advised by someone in the Planning Department that he did not need any County approvals to create a 10 acre tract of agricultural land. (See enclosed deed.) Mr. Dertinger then proceeded to sell the land to Mr. Marshall in 1981, without any restriction on the deed as to use of the land. To further confuse the issue the Board approved a S.B. 35 in August, 1979 that created 45.3 acre and 24.7 acre tracts out of a 70 acre parcel. The above mentioned 10 acre tract was a part of the 45.3 acre tract and not separately identified in any of the application materials. Regardless of all the above, Mr. Marshall bought the property and has been paying taxes on it for the past few years. He now wants to split 8 acres off for his son and keep two acres for himself. He has an approved water augmentation plan for the parcel. The augmentation plan anticipates the eventual use of the 2 acre parcel as a recreation resort. Given the cirumstances, it would seem appropriate to at least clear up the ownership of the 10 acre parcel. Mr. Marshall contends that he is the real owner of the property and has the right to apply for the S.B. 35 exemption. The previous owner, Mr. Barry, has left the area and will not agree to participate in any applications to clarify this situation. 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 COPY DISTRIBUTION White - Applicant Buff - County Commissioners Green - District Road Supervisor District 2 Road CR241 96D Permit No GARFIELD COUNTY APPLICATION FOR DRIVEWAY PERMIT Application Date Aug. 21 19 _ILL Don & Dorothy Marshall (herein called "Applicant") hereby requests permission and author- ity from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 9,11 adjacent to Applicant's property located on the itokit!1 Est (1) ) side of the road, a distance of 3 mile(s) from (Road, Jct., City Limir, or convenient landmark) CR 245 for the purpose of obtaining access to recreation area ire„ With (Bnsmess or residence) Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all necessary specification detail including (1) frontage of lot along road, (2) distance from centerline of road to property line, (3) number of driveways re- quested, (4) width of proposed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. The applicant binds and obligates himself to construct and maintain the driveway approach(es) in accordance with the provisions, specifications, and conditions enumerated in this document. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commis- sioners or their representative, and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the ex- ercise of the Permit. FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway approach (es) even though deposited on the driveway (s) in the course of the county snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right- of-way without the written permission of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set fo rth on the reverse hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS Tf a r-ulVP rt- is required per county Road Supervisor,should be 15" In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board County C mmissioners./ Witness: S1gned Le)L4-44"( 4-4'( PERMIT GRANTED THIS not DAY OF August IFICATIONS, AND CONDITIONS STIPULATED HEREIN. (Signature of Applicant) (Address) (Telephone Number) 19_-4 , SUBJECT TO THE PROVISIONS, SPEC - The Board of County Commissioners of Garfield County, Colorado By: Leonard A. Bowlby Garfield County R.ad Superviso Liice NOTE TO APPLICANT: This permit shall be made available at the ii% where and when v%ork is being done APPLICANT PLEASE NOTE: A work sketch or drawing of the proposed driveway(s) must accompany applica- tion. No application will be accepted or processed, nor permit granted, without the required specification plan or blueprint. (Specifications on Reverse Side) SPECIFICATIONS 1. A driveway approach is understood to be that portion of the highway right-of-way between the pave- ment edge and the property line which is designed and used for the interchange of traffic between the roadway pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersec— tion to preserve the normal and safe movement of traffic. (It is recommended for rural residence en- trances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 be provided. 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or mov— able, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel of property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual conven- ience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thrity (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial drive- way shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohib- ited. Off -the -road parking facilities should be provided by commercial establishments for customers' vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10%. 11. All driveways and approaches shall be so constructed that they shall not interfere with the drain- age system of the street or highway. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commission- ers or their representative prior to installation. 1 o o k 349 Recorded at 10:20 o'clock Am, June , 1963 `;e 518 Reception No 221682 Chas. S, K?eg,all Recorder. THIS DEED, Made this 24th in the year of our Lord one thousand nine hundred and between day of May sixty-three i. J. HONAKER and MARY C. HONAIZER, of the County of and State of Colorado, of the first part, and Garfield C' EST AR L. BPRRY i,:nr' ANNA. A. BARRY, of the County of Me_ s a and State of Colorado, of the second part: WITNESSETH, That the said part je sof the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other valuables IHIMARS, to the said part i C S of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common hut in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County ofGal f ie ld and State of Colorad91 to -Aust; The 6(sY .E;:i of Section 12, T 5 >, R 91 W, 6th P.M., and Lots 3 and 4 of Sec. 7, T 5 S, R 90 W, 6th I.N., and the Barrett Ditch from East Elk Creek, EXCEPT: Belli nni.ns,; at a point on the Wly line of County Road at the intersection with the N line of said Lot 3; thence 5°38' W 103.3 feet along; the Wly line of County Road, thence S 4°22' E 3043 feet along the Wly line of County Road, thence S 16°38' W te 100.25 feet along Wly line o. County Road, thence S 31°3' W 144 feet alone the Wly line of County Road, thence S 47°53' W 168t2 --feet along the. Wly line of County Road; thence S 3°21' W 4T.15 -feet along the Wly line of the County Road, thence N 50°8'__W-9-8.25 feet to a point. ewe 7P-' f_ 7-1-rriga- a3 -IM- c-onnt"'tuc ed_.antJ' SIT- usU;_.tlience -.--- i` 9°31' T: 133.1 feet; t_hcnce..N 3°4' W 94.6 fe' t,•thence 3 86°33' U /4.7 feet, thence N 36°39' W 92.4 feet; thence N 50°43' r,J 111.8 .feet;. thence is 2°47' E 84.3 feet to the N line of said Lot 3; and,thence 504.5 feet alone the I' line of said Lot 3 to the point of he,gInn;_n e, containing 3.7 acres, more or less. EXCEPT: The North 515 feet of Lot 3, Sec. 7 T 5 S, R 90.W, 6th P.M. AND ALSO EXCEPT: A tract of land situated in the NES; NE ;, Sec. 13, and the SEI; SSG, Sec. 1.2, T 5 S, R 91 W, 6th P.M., lying Wly of East :ilk Creek in Garfield County, Colorado, described as follows: Beginning at a point on the Lally bank of said creek whence the Ek corner of said Sec. 13 bears S 09°45' E 2479.64 .fret; thence i' 61°12' W 349.80 feet; thence N 43°36' R 200.04 eet.; ;:hence S 66°26' E 349.90 feet to a point on the Wly bank of eaid creek; thence S 41°15' W 230.71 feet alone the Wly bank of said creek to the point of beeinnin-- , containing 1.66 acres, more or less, together with any and all water, water rights, ditch and ditch rights ,of way thereto appertaining, including by way of example, but not by way o. limitation all of grantors' right, title and interest in and to the Barrett Ditches ;r`1 and #2, taking water from the East Fork of lk Creek and In and to the water decreed Therein, subject to all 1963 real property taxes due and ruyable in 1964, water assessments, toll fees and maintenance charges and all subsequent real property taxes, water assessments, toll fees and maintenance charges, ,its i;11T 11 TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part le S of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. I-: I!II I -r 111111.111111111 1 No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Frinting Company. 1824-46 Stout Street. Denver. Colorado •; 1 � V (y t . � o .�,si ki itTJ IW ,its i;11T 11 TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part le S of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. I-: I!II I -r 111111.111111111 1 No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Frinting Company. 1824-46 Stout Street. Denver. Colorado