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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD 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 Donald L. McBee and Janis R. McBee respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a 35 acre tract of land into two tracts of approxi- mately 17 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: 1. The parcel is split by East Elk Creek and the divi- sion occurs along that natural feature. 2. The proposed tracts were created and separately identified prior to September 1, 1973, though they were never conveyed to separate owners. 3. The property being subdivided has been under the same ownership for seven years, being conveyed by contract to Petitioners on July 21, 1975. In support of this petition, the Petitioners also submit the following: A. Map drawn to scale showing proposed lot subdivision and access B. Copy of land contract and deed C. Vicinity map D. Statement on source of domestic water • • E. Statement on method of sewage disposal F. Evidence of the soil types G. Copy of Assessor's map showing the property H. Practical description of property location I. Fee in the amount of $84.00 J. $200.00 fee for each new lot created Submitted at Glenwood Springs, Colorado, this 16th day of July, 1982. Donald L. McBee, Petitioner j7,d - is R. McBee, Petitioner ner ADDRESS OF PETITIONERS: 1021 Main Street Grand Junction, CO 81501 (303) 243-7887 # • July 16, 1982 County Commissioners Garfield County Garfield County Courthouse Glenwood Springs, CO 81601 Dear Sirs: Enclosed is our petition for an exemption to the 35 acre minimum parcel size. A copy of our well permit indicates that domestic water will be from a well on the parcel (5A) which we desire to sell. Sewage disposal will be by septic system. Soil in the area is the sandy loam and sandstone typical of the New Castle - Glenwood Springs area. Nearby neighbors have successfully used septic system for some years. The property is located on County Road 241 three miles to the North of the town of New Castle. Our fee in the amount of $84.00 is enclosed. This is the total of $50.00 plus $1.00 per acre of the two plots totaling 33.5 acres. Our school assessment fee of $200.00 is enclosed for the additional lot created from our existing lot. Our information is that a 100 year flood plain study of the East Elk Creek area has already been done by Mobil Oil Company. The parcel 5A, to be sold is almost all high above the creek. We request that we be excused from the requirement for a new flood plain study. Please advise us when a hearing can be held on our petition. We would like the exemption as soon as possible. If you need more information, please let us know. Sierely yours, ald L. McBee rac Encs anis R. McBee NAME: EXEMPTION 4111141 L 4 PURPOSE OF EXEMPTION:a 35 _ , C7$ .42. .1, 43,2ei ZONING: QUALIFICATION FOR S.B. 35 LOCATION OF SITE: 3 cyjA„Q / l.� /CJ C �� fel 2Y1 WATER: ( /aM„exatele_r_aarzjoi Gi%'yx_/7t DIV. OF WATER RESOURCES RESPONSE: SEWER:,l,/C.)/, jL'fhL. CHECK LIST: XFEE PAID ($50 +1.00/acre for each parcel created under 35 acres) MAP showing proposed lots and access x DEED VICINITY MAP /41-P/ --� 100 yr floodplain info. GW C �1Ai- z ...� SOIL MAP b_ja IF community water, letter of approval from governing body �/ ' _O i' CO �IMENT : fc''16)/af 6002.4) 2 a� 0 mom; e /3 T. J. HARSHMAN THOMAS M. DEISTER DOUGLAS E. LARSON DONALD L. MCBEE • • HARSHMAN, IDEISTER, LARSON & MCBEE ATTORNEYS AT LAW 1021 MAIN STREET POST OFFICE BOX 2682 GRAND JUNCTION, COLORADO 81502 September 22, 1982 Ms. Terry L. Bowman Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Bowman: TELEPHONE (303) 243-7887 Sa '1982 141144 CO. piiiivto Enclosed are the property descriptions for your use in preparing the resolution on our 35 -acre exemption. Thank you again for your assistance and advice in this matter. Sincerely yours, OW' mina d L. McBee bsp Enclosures LEGAL DESCRIPTION PARCEL 5A A tract of land in the W2 of the NE4 of Section 24, T.5 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado and being more particularly described as follows: Beginning at the N.W. Corner of the NE4 of said Section 24, thence S.00°02'18"E. and along the West line of said NE4 of said Section 24, a distance of 1320.81 feet to the S.W. Corner of the NWa of the said NE4 of Section 24; thence III N.89°01'38"E. and along the South line of the said NWa of the NE4 of Section 24, a distance of 148.58 feet to a point on the Westerly line of the property described in Book 472 at Page 332 in the Garfield County Recorder's Office; thence N.28°10'29"E. and along the Westerly line of the said property described in Book 472 at Page 332, and also following the Westerly line of the property described in Book 448 at Page 103 in the Garfield County Recorder's Office a distance of 246.61 feet; thence 5.64°47'02"E. and along the Northerly line of the said property described in said Book 448 at Page 103 a distance of 265.01 feet to a point in the centerline of East Elk Creek; the following eight (8) courses are along the centerline of said East Elk Creek; N.20°33'43"W. 96.11 feet; N.44°12'55"E. 154.87 feet; N.28°07'53"E. 114.53 feet; N.35°19'25"E. 155.66 feet; N.17°59'14"W. 80.96 feet; N.29°58'54"W. 150.08 feet; N.29°44'42"E. 112.87 feet; N.52°52'21"E. 136.74 feet; thence leaving East Elk Creek N.84°03'34"W. and following the Southerly line of the property described in Book 458 at Page 587 in the Garfield County Recorder's Office, a distance of 268.13 feet; thence N.05°17'05"E. and along the Westerly line of the properties described in said Book 458 at Page 587 and in Book 494 at Page 666 a distance of 314.09 feet; thence N.32°31'52"W. and following the Southerly line of the property described in Book 510 at Page 877 a distance of 78.96 feet to a point on the North line of the NWa of the NE4 of said Section 24; thence S.88°53'46"W. and along the said North line of the NWa of the NE4 of said Section 24 a distance of 508.78 feet more or less to the Point of Beginning. Containing 16.8766 acres more or less, together with a perpetual easement for ingress and egress from County Road No. 241 to parcel 5A across the Southern end of parcel 5B which is contiguous to parcel 5A on the East. Said easement shall have as its Southern boundary the Southern boundary of Parcel 5B, which is the Northern boundary of the parcel described in the deed recorded in Book 500, Page 627, Garfield County records, and shall have as its Northern boundary a line parallel to the Southern boundary so as to form an easement 30 feet wide. The use of the easement premises is not exclusive. It is shared with the owner of the parcel described in Book No. 448, Page 103, Garfield County records and with the owner of parcel 5B. All improvement and maintenance of the easement shall be at the expense of the grantees. The easement is subject to prior recorded easements and rights of way. The use of the easement is limited to ingress and egress to Parcel 5A. No vehicles will be parked on the easement premises except so long as may be reasonably necessary to load and unload. Also, together with well permit number 125525 granted by the Colorado Division of Water Resources. LEGAL DESCRIPTION PARCELS 5B AND 5C A tract of land in the W1 of the NE; of Section 24, T.5 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado, composed of Parcels 5B and 5C separated by County Road No. 241. PARCEL 5B • Commencing at the N.W. Corner of the NWQ of the NE4 of said Section 24; thence N.88°53'46"E. along the North line of the said NA of the NEa of said Section 24, a distance of 508.78 feet; thence 5.32°31'52"E. and along the Southerly line of the property described in Book 510 at Page 877 in the Garfield County Recorder's Office a distance of 78.96 feet; thence 5.05°17'05"W. and along the Westerly line of the properties described in Book 494 at Page 666 and Book 458 at Page 587 in the said Garfield County Recorder's Office a distance of 314.09 feet; thence S.84°03'34"E. and along the Southerly line of the property described in said Book 458 at Page 587 a distance of 268.13 feet to a point on the centerline of East Elk Creek; said point being the Point of Beginning of Parcel 5B; thence N.82°56'44"E, a distance of 129.33 feet to a point on the Westerly right-of-way line of County Road No. 241; the following seven (7) courses are along the said Westerly right-of-way line of County Road No. 241; S.24°00'27"W. a distance of 74.02 feet thence along a curve to the left having a central angle of 18°03'02" and a radius of 344.79 feet for an arc length of 108.62 feet, the chord for which bears 5.14°58'56"W. 108.17 feet; thence 5.05°57'25"W. a distance of 265.78 feet; thence along a curve to the right having a central angle of 19°03'16" and a radius of 702.16 feet for an arc length of 233.51 feet, the chord for which bears S.15°29'04"W. 232.44 feet; thence along a curve to the right having a central angle of 35°43'59" and a radius of 242.40 feet for an arc length of 151.18 feet, the chord for which bears S.42°52'41"W. 148.74 feet; thence along a curve to the left having a central angle of 18°17'39" and a radius of 443.32 feet for an arc length of 141.55 feet, the chord for which bears 5.51°35'45"W. 140.95 feet; thence leaving the Westerly right- of-way line of said County Road No. 241 N.67°47'02"W. a distance of 57.74 feet to a point on the centerline of said East Elk Creek; the following eight (8) courses follow the centerline of East Elk Creek; N.20°33'43"W. 96.11 feet N.44°12'55"E. 154.87 feet; N.28°07'53"E. 114.53 feet; N.35°19'25"E. 155.66 feet; N.17°59'14"W. 80.96 feet; N29°58'54"W. 150.08 feet; N29°44'42"E. 112.87 feet; N.52°52'21"E. 136.74 feet more or less to the Point of Beginning of Parcel 5B. Containing 3.244 Acres more or less. PARCEL 5C Beginning at a point on the East line of the SW4 of the NE4 of said Section 24 from which the Northeast Corner of said Section 24 bears N.39°57'18"E. a distance of 2025.38 feet; thence N.89°59'45"W. a distance of 812.86 feet to a point on the Easterly right-of-way line of County Road No. 241; the following seven (7) courses are along the said Easterly right-of-way line of said County Road No. 241; thence along a curve to the right having a central angle of 11°10'55" and a radius of 521.77 for an arc length of 101.83 feet, the chord for which bears N.15°22'40"E. 101.67 feet; thence along a curve to the right having a central angle of 39°46'40" and a radius of 383.32 feet for an arc length of 266.12 feet, the chord for which bears N.40°51'20"E. 260.81 feet; thence along a curve to the left having a central angle of 35°43'59" and a radius of 302.40 feet for an arc length of 188.59 feet; the chord for which bears N.42°52'41"E. 185.55 feet; thence along a curve to the right having a central angle of 19°03'16" and a radius of 762.16 feet for an arc length of 253.47 feet, the chord for which bears N.15°29'04"E. 252.30 feet; thence N.05°57'25"E. a distance of 265.78 feet; thence along a curve to the right having a central angle of 18°03'02" and a radius of 284.79 feet for an arc length of 89.72 feet, the chord for which bears N.14°58'56"E. 89.35 feet; thence N.24°00'27"E. a distance of 110.16 feet; thence leaving the said Easterly right-of-way line N.82°56'44"E. and along the Southerly line of the property described in Book No. 511 at Page 418 a distance of 323.94 feet to a point on the East line of the NW4 of the NE4 of said Section 24; thence S.00°13'50"E. and along the said East line of the NW4 of the NE4 of said Section 24 a distance of 1165.55 feet more or less to the Point of Beginning of Parcel 5C. Containing 13.3827 acres more or less, together with a water right to .1 second -foot of water from East Elk Creek, and subject to a perpetual easement for ingress and egress from County Road No. 241 to parcel 5A across the Southern end of parcel 5B which is contiguous to parcel 5A on the East. Said easement shall have as its Southern boundary the Southern boundary of Parcel 5B, which is the Northern boundary of the parcel described in the deed recorded in Book 500, Page 627, Garfield County records, and shall have as its Northern boundary a line parallel to the Southern boundary so as to form an easement 30 feet wide. The use of the easement premises is not exclusive. It is shared with the owner of the parcel described in Book No. 448, Page 103, Garfield County records and with the owner of parcel 5B. All improvement and maintenance of the easement shall be at the expense of the grantees. The easement is subject to prior recorded easements and rights of way. The use of the easement is limited to ingress and egress to Parcel 5A. No vehicles will be parked on the easement premises except so long as may be reasonably necessary to load and unload. (7-20-82 7`' C AGREEMENT TO FURNISH WATER Agreement made between ROBERT N. MAYO and NAOMI MAYO, County Road 245, New Castle, Colorado, herein referred to as Sellers, and DONALD L. McBEE and JANIS R. McBEE, 598 Wagontrail Drive, Grand Junction, Colorado, herein referred to as Buyers. The parties declare that: 1. Sellers are the owners of an adjudicated right to 1.82 second -feet of water from East Elk Creek, Garfield County, Colorado, allowed to flow in the Larson Ditch under priority Number W-331. 2. Buyers are the owners of a parcel of land in the NW4 of the NE4, Section 24, Township 5S, Range 91 West, 6th P.M., in Garfield County, Colorado, said land encompassing a portion of the stream bed of East Elk Creek. SECTION ONE FURNISHING OF WATER 1. For good and valuable consideration, receipt of which is hereby acknowledged, Sellers hereby convey to Buyers one-tenth (.1) second -foot of the 1.82 second feet described above to be used on Buyers' land described above for the same purposes as is permitted in a well permit for domestic use. 2. Buyers agree that Sellers may continue to use their .1 second foot of water until such time as Buyers, their heirs or assigns, notify Sellers that they will begin use of the water. SECTION TWO EXPENSE OF CONVEYING WATER Such water will be supplied at the expense of Buyers for all required pipes, pumps, connections, treatment facilities and storage facilities. Sellers shall have no liability for any expense or damage caused by Buyers' use of the water. IN WITNESS WHEREOF, the parties have executed his agreement at New Castle, Colorado on September 1982. BUYERS Robert N. Naomi Mayo Mayo SELL RS: Donald L. McBee �r 4s l SCJ -4 c- — Ja is R. McBee • STATE OF COLORADO ) COUNTY OF GARFIELD ) Subscribed and sworn to before me this //2:1L day of September, 1982. WITNESS my hand and official seal. ss. My commission expires: J/ .1 yy µ l!. Notary Public Address: /2e 2 pLlitalAiy naraIala•dN1(dr.Qq,fyiit,dnAn,rM,Mh+llMnnrrvrrn�rn ,,,„„,jh,m,nm,.w,,,,,,,„„m6not..m,, •m•.low,.1111„,,noy,,, rr„rNnd.gnrandn nbdirjhjYnlFvirr"ffordur,hr6-yfjiri,f',„,„�nb,uwi„twvi/,yT•M►,,i•{r li 11 OFFER AND ACCEPTANCE ii CONTRACT AND INSTALMENT NOTE Number THIS AGREEMENT, made in duplicate, in New Castle, Colorado, this 2lst day of July 19 7 5 , by and between HENRY W. DIETZ, Party of the Irina Part, here Inafter referred to and called "SELLF.R,” and, DONALD L. MC BEE and JANIS -R. MC BEE, as joint tenants and not as tenants in common, RieJ J QQ�Qr . , Parties of the Second Part, hereinafter referred to and called of "BUYER.” WITNESSE CII: t "SF.LLFR gees to sell nd "B ” n uretethe fgpowlryg�dencrproperty, tq�WIt:W of the that re 2 proper` y located in Inirt1 ec. 1 KK 71 6th'P.M. ,cor>><aining_. 5-.6.4__��re_s�mor__o_r__les,__}_.more particularly described 4s Parcel No. 5 on Exhibit A annexed hereto. I; ' it f' or.ad.9I.for the sum of ___THIRTY-_FZVE__TH.OIISAND together with interest at the rate of 8 z per annum on the whole amount remaining unpaid; Interest to be charged and deducted (tom each payment, the remaining balance of payment to be credited to Principal Balance Due. That upon full payment and performance by "BUYER" of all the covenants and agreements hereineicontained, the "SPIT - ER" agrees to cause to be delivered to �ieS LJY, E atO gtjrVa�iali ardt�l&r hfa�Leber Sl�c Sliiut gyhget crl inin restrjctjons and cnscmegre of record W. DIETZ or their assigns, the purchase price above named, in rights hat "BUYER" agrees to pay the manner'as follows, to -wit: The sum of ____SEVEN__THOUSAND J (i_. QQQ,_QQ ) o_.gh_a_ *glQK_a�i_prote for Dollars in cash, the receipt of which is hereby acknowledged, _ buyer,_a title insurance Policy in the amount of the sale price which policy. shall show marketable title to the above property. and the balance of _ Z Ir_EIGUI_IUQUSANa 05...6Q0 _OSS Dollars int 5 annual installs t -s -of -$--5;-604:-04 interest at the rate of -81/2____ per annum, en the -20th day Dollars or more per annum plus Jk3 � 2Qth. day of __duly 19--7-6.-. of a hereafter, beginning on the __ at: The Fi-rst--Natitmal-Bank -iri-Ride; Rrf1e-;--Colorado: That this contract shall not be assignable by the "BUYER" without the written consent of the "SELLER" That time shall be and hereby is made the essence of this contract and of each and all of the conditions hereof. That the failure and omission of the "SELLER" to declare this contract forfeited ne any rthe c he�Fft� not constitute a waiver of any future breach and shall not operate to bar, abridge, or destroy forfeited upon any subsequent breach. That all covenants and agreements herein contained shall extend to and be obligatory upon the successors and assigns of said "SELLER" and upon the heirs, executors, administrators or assigns of said "BUYER." That "BUYER" shall promptly pay all taxes that are due and payable in the year of 19_7_6_, and thereafter. THAT all payments due hereunder are payable without notice at Prepayments to be permitted at any time wit 9,11 ' e �ty l Rank .iriRif�er- Rifle, Colorado Dollars ($35_,,000,_0A) Ali ,II Ii III I� �I 'II I' 11�� or at any other place designated by "SELLER"; in the t -s and with reasonable attorney fees n e t of dthat should default betmade (by "BUYER." from ao in thn e payment ofnany `or either of said payments or interest iortin thenper- default; fonnancc of any or either of the covenants and agreements herein contained for a period of thirty (30) days or should the same be :.old on execution by legal process or otherwise, or should any notice of htech;inic's lien or lieontrbe filed uponnt hedescribed uriR d real mate then all payments shall(become in writing to the at the "BIion of UYER, "athe 'his last last known address, of 'SEI -L ER's" inten- tion to x•I t giving'thirty (. ) Y - tion to ranee) lltir; contract, and all moneys therefore paid shall he and remain the property of the "SELLER" ns liquidated d:unage•; and that thrrenpon, whatever inlrrc^a in said real estate acquired hereunder, if any• together with any and all im- provements thereon; :.Iedl be forfeited and shall be and remain the property of the "SELLER" ns liquidated damages for the breach of this contract; that upon said forfeiture and determination of this contract, "SELLER" shall be entitled to immediate 1xis�:r.,ion of said real estate. It is understood and agreed that "BUYER" has read and clearly understands all the terms of this contract and that the "IJUYI•;it" is of legal age and has inspcctcvl said property and that the srtme is, and has been, purchased by the "BUYER" as a result of said inspection and not upon any representation made by the "SELLER' or its agent; that thlcontract Ntry a. aHyl not be affected or altered by any agreement, oral or otherwise, not contained herein; that the "BUYER" ., or its waives. or agents d all claims for damages because of any representation made by any person whomsoever and thendi "nor stipulation not sped ts shall not and Ls not responsible for any inducement, promise, representation, grc n t. IN WITNESS WHEREOF, the parties hereto have hereunder affixed their handset forth herein. r s and Is on day year first above mentioned. is SELLER. W ITN) SS a: PURCHASER I PURCHASER / 3. MATCH LINE '¢'¢8"E �. 38 /3Z0.81 Sob 30 v 0 0 TiE. N. 37./S.z/•E./ j4/8.33 TiE 35-'3-8 30 E L 9 '''/ 00 3,4. ri. Pace/ •B .. i2i Ate.. 0` 5.84 -00•00.E - 3c.9,_„47 Pince / f. a 4 A, G V � N NYi C �� G l / .c,ARCEL No. 4)l I (• U A 1 r SA., JP Ng2•58'07E 523. 90 ± r,1 35.6 f ,9c r/4 o01 _y co 55500W. "i /85" 00 '? 1 S zy.. 89L0/ 38 s. 3e Zz 737-W. //-4. ro 20-/2 OG W. ito.o8 N. 8 9'5.3 SO • W EXHIBIT A c /3 //.15- —4 O O O 9.39. 9/t „774 Or .5€,9/�,-),evy r ,qs L Reception NoVb978 Recorded at o'clock TRIS DEED, Made this 19 80, between Henry W. Dietz 22nd 8.19806 ... 52 PlGE622 day of July RECORDER'S STAMP JUL 28 prrr RPr6MEur*pY of the ArkansasCounty of and State of Cp4101), of the first part, and Donald L. McBee and Janis R. McBee whose legal address is 301 McCarron, Rifle, Colorado of the County of Garfield and State of Colorado, of the second part: - WITNESSETH, that the said part y 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 y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s 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: That real property described on Exhibit A, attached hereto and incorporated herein by this reference. Except that parcel containing .47 acres more or less, conveyed out by deed recorded in Book 500 at Page 627 also known as street and number 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 y 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 party of the first part, for him sel f , his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents he is 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 S good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. Subject to the general property taxes for 1976 and years subsequent, patent reservations and prior mineral reservations of record, right of way for East Elk Creek and county roads and restrictive * 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 y of the first part shall and will WARRANT AND FOREV/EE DEFEND. IN WITNESS WHEREOF the said part y of the first part ha S ereunto sethi5 and and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of 19 TA1 tl' �^ 1��fOF:CO]3ORADO l � •Count of GARFIELD 1ss. --�f [SEAL] [SEAL] 0 T}ie, foreg instrument was acknowledged before me this Rn ''•;r;-iiehry W. Dietz My commission expires 22nd day of July , 19g2,.... --Witness my hand and official seal. * covenants recorded in Book 430 :so. 921. %Ak)4A3.71 Ott Page 497. [SEAL] • NotArr Public. TS -1411) —4-77 • • EXHIBIT A BOOK 552 PACE 623 That part of the W-NE4 of Section 24, Township 5 South, Range 91 West of the 6th P.M., described as follows: Beginning at a point on the East line of the SWANE% from whence the Northeast Corner of said Section 24, Township 5 South, Range 91 West of the 6th P.M. bears North 39°57'18" East 2025.38 feet; thence North 89°53'50" West 939.91 feet more or less to a point in the center of East Elk Creek; thence North 20°12'06" East 120.08 feet to a point in the center of East Elk Creek; thence North 32°22'37" East 114.70 feet to a point in the center of East Elk Creek; thence North 22°38'00" East 81.38 feet to a point in the center of East Elk Creek; thence North 64°11'54" West 273.00 feet; thence South 28°20'06" West 315.01 feet; thence South $9°01'38" West 139.21 feet more or less to the South- west corner of the NW3NE4 of said Section 24; thence North 00°02'18" West 1320.81 feet to the Northwest Corner of the NW4NE4 of said Section 24; thence North 88°48'57" East 508.30 feet along the Northerly line of the NW3NE4 of said Section 24; thence South 32°09'08" West 81.30 feet; thence South 05°29'43" West 312.5 feet; thence South 84°04'31" East 268.21 feet to the center of East Elk Creek; thence North 82°58'07" East 523.90 feet more or less to the East line of the NW4NE4 of said Section 24; thence South 00°13'50" East 1165.55 feet to the point of beginning. Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. 818 Centennial Bldg., 1313 Sherrnan St., DenKer, Colorado 80203 : 411 PERMIT APPLICATION FIORE/SAY pECE12I}9820I 1 ti E{ RECEIVED ES ( ) A PERMIT TO USE GROUND WATER i1 APR 8 1982 S 2 (XX) A PERMIT TO CONSTRUCT A WELL ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO WATER RE`?OURCES stirs ENGINEER COUL (1) APPLICANT - mailing address NAME Donald L. McBee & Janis R. McBee STREET 598 Wagnntrail Drive CITY Grand Junction, Colorado 81503 1 (state) TELEPHONE NO. (303) 241-0227 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield NW 'i, of the NE '/a, Section 24 5 Twp. S Rng. 91 W 6th IN,S) (E. W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water 1.0 to be appropriated (acre-feet)• Number of acres to be irrigated: less than 1 Proposed total depth (feet): 100 feet Aquifer ground water is to be obtained from: Unknown Owner's well designation McBee' c 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (XX) 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 To be drilled by licensed Colorado Driller Name 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. APPROVED PURSUANT TO CRS 1973, 37-9E-602 (3) (b)(II) AS THE ONLY WELL 011 A TRACT OF 35 ACRES OR MORE DESIGNATED AS 35: 7/ ACRES IN W Y NE Yy SEG - Yl 7- -5 R. Q /by./ 6 ,/,/. APPROVED FOR DOMESTIC USE FOR ONE SINGLE- FAMILY DWELLING. OWNERS GOPY APPLICATION APPROVED PERMIT NUMBER 125525 DATE ISSUED MAY 2 6261982 EXPIR ON DATE 7AY 1984 t STA E NGIN R) ‘- "4!//' I. D. 5 3c? COUNTY c c.� (5) THE LOCATION OF TH�ROPOSED WELL and the area on which the water will be used t be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. * + { —--- I NORTHT I 0 � N rn II� -1 -E- I4 1 MILE, 5280 FEET -I- -1- -I-- NORTH SECTION LINE SOUTH SECTION LINE + -f- + -I- ! to m 1 0 z z m 4 — {— — 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 rninute (gptn) 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. (61111-1E WELL MUST BE LOCATED HLLOW MIK distances from section lines. • 650 ft. from North sic. line (north or south) 2195 ft from East sec. line NOT A SUBDIVISION(oast or west) LOT BLOCK FILING SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Donald & Janis McE No. of acres 35.71 Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing 6 in from 0 ft to 50 ft - _in. from ft to� ft Perforated casing 6 in from 50 ft to 100 ft in. from ft to ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Donald L. & Janis R. McBee Legal description• Attached No. of acres: 35.71 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. domestic use - septic system as required b red countyfor Y q y di_posal (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water- Court Case Numbers. Type or right none • Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE ` THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANTISI Use additional sheets of paper if more space is required.