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HomeMy WebLinkAbout1.0 Application• BEFORE TUE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION u:;ant: :o C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as I, and the Subdivision Regulations of Garfield County, Colorado, 4,I ed April 23, 1984 Section 2:20.49, t:he undersigned .3_±&pJeA/l„___._____ respectfully petitions the Board? of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of zD3 Jacre tract of land into Lt tracts of approximately CP 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 30-20-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: s z✓ � fa�� 144.v. TZ', Lis -6 v� SUBMITTAL REgUIREMENTS; An application which satisfies the review criteria must be submitted with a1l'the following information. A. Sketch map at a minimum scale of 1"=200' showing Lhe legal description of the property, dimension and area of all lois or separate interests Lo be created, access Lo a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by: the applicant, or a latter from the property owner(s) if other than the applicant; and D . Names and addresses of owners of record of land immediately adjoining and within 200 fest of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each .lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G . If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. IL shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not- more than three parcels created from a larger parcel as it: existed on January 1, 1973. J . A 9300.00 fee must be submitted wiL L - ap• 1 cation. Pe 10 27.7!%5" -Go. (2c1. 13 &rbcgTt l.iny Adres GCS �IiP Z3 City /3/VState Telephone Humber • October 6, 1992 Board of County Commissioners Garfield County, Colorado 109 8th Street Glenwood Springs, CO 81601 Re: Smilack Subdivision Exemption Request Dear Commissioners: land desicji partnership On behalf of Steve and Edith Smilack - Kane, 1 respectfully submit the attached application and supplemental information in satisfaction of the requirements for exemption from subdivision regulations for a 25 acre parcel located approximately two miles west of New Castle. The parcel is hound on the north by County Road 214, on the south by the Ware and Hines Ditch and on the west by the west line of the SW 1/4, NE 1/4 of Section 5. The westerly half of the property includes an easement for the county road. This easement was established by the Humbert Gamba Exemption Plat in 1987. The site slopes gently to the south and is presently in irrigated agricultural production. Irrigation water is provided by shares in the Roseman Ditch Company. The Gamba Exemption Plat identified the creation of this tract as a separate parcel due to the county road separating it from a larger parcel. The larger parcel was created prior to 1964 as evidenced by a property transfer recorded in October of 1964 (Book 352 @ Page 364). Since this property is the result of the the county road's bisection of the larger tract, Garfield County subdivision regulations allow the creation, by exemption, of up to three losa from this 25 acre tract. The Soil Conservation Service Soils Survey for the Rifle Area classifies the soils on the site to be in the Olney Soils Series. These soils are described as having "moderate" limitations for residential dwellings and septic tank absorption fields. The "moderate" designation identifies limitations that can. be overcome by proper design. The pertinent Soils Survey data in included with this application. Three lots are proposedby the attached Smilack Exemption Sketch Plan. The lots range in size from seven to nine acres and each has at least 400 feet of frontage on County Road 214. In consideration of traffic safety on County Road 214, only two points of access are proposed, with easements for common use by lots A & B. Domestic water will be supplied by two wells, with one well being shared by two lots. Water rights for these wells are provided by contract with the West Divided Water Conservation District (attached). Well. permits have recently been issued by the State of Colorado.(attached). P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • • Smilack Exemption 10/6/92 page 2 Wastewater treatment will be by individual sewer disposal systems with septic tank and absorption field. Irrigation water presently attached to the property will be divided between the three lots in proportion to the acreage of each lot. This will allow for continued agricultural activites on the property. The present easement for County Road 214 is proposed to be dedicated to the County as a permanent road right-of-way. The property's close proximity to the Fire Protection District Station in New Castle, indicates a quik fire emergency response time. Mr. Smilack spoke with the New Castle Fire Department early in his investigation of the subdivision and received the attched letter from the district. A copy of the sketch plan has been submitted to the Fire District for their review. The continued agricultural uses on the property will minimize any wildfire hazard. We believe the proposed lots and residential ranchette use is compatable with the surrounding land use. The size of the proposed lots and the availability of agricultural irrigation water creates a mixed residential -agricultural use that is consistent with guidelines of the Garfield County Comprehensive E'rrri. Your approving action on this exemption request is respectfully requested. Sincerely, 7 Ronald B. Liston (2) ' .<"?-_ --) -----,--------.._/\-.1/ )-- d—'\/ • ch,;-r.----1 is -,...- ' . -,,, • • ----= ' ' +---• ` ' S-3 ' i:'..‘•,,._ --->e-7. --.-- ' 7 \ ...)-) 11, - ) '••• • • "'- •11 1,0 I 614 •' I ) • , • '0, \. • //T/' ( ,..„-;...cz.,, i. ::,1 ( 7 ./ ,\J-,„, ii (,,, ,,,„, / 'r.- -.- • I ,- l' t i • .(,' / / f ' i'-'`, /70 ('•2' i '-i 1 --`4” Y - \ . C 'LI ' ,..? , ,..?‘„Q./ ..: j...-• 1 ' / • • , I, ,,4 1:-. . , , - — — ---7" )'-.1.• • , - J ‘.., ( 1!" ,,,,, ' L- Qa .. . --1-:'' '-----/-1"--1 '' \ ''. • rig-r.:::-T-:""'\':,..,,:.//j/r, hJ „ . // 10 //-7 '1 ) • \ oric;3. 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Box 517 Glenwood Springs, CO 81602 RE: Smilack Subdivision Exemption Dear Ron: Your client's application for a Subdivision Exemption, located off of County Road 214 west of New Castle, has been scheduled for a public meeting before the Board of County Commissioners on January 18, 1993 at 3:00 p.m. in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return - receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Since Dave Michaelson Planner DHM/dhm Enclosures 1098TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOTICE TAKE NOTICE that Steven Smilack has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located on the south side of County Road 214, approximately two (2) miles west of New Castle. Said subdivision exemption is to allow the petitioners to divide a 25.39 acre parcel into three (3) tracts of 9.11, 8.40 and 7.89 acres each in size on the above described property. All persons affected by the proposed subdivision exemption are invited toappear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 18th day of January, 1993, at the hour of 3:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County EXHIBIT A A parcel of land located in the Northeast quarter of Section 5, Township 6 South, Range 91 West of the 6th Principal Meridian, further described as follows: Beginning at a point whence the East 1/4 Corner of said Section 5 bears South 47°01'59" East 1825.89 feet; thence South 00°45'00" East 778.95 feet; thence South 54°45'00" West 89.87 feet; thence South 62 ° 59'57" West 662.95 feet; thence South 78°45'49" West 65.77 feet; thence South 87°45'56" West 109.32 feet; thence South 31°30'18" West 69.23 feet; thence South 35°13'53" West 77.71 feet; thence South 89 '16'02" West 373.36 feet; thence North 00°11'45" West 747.15 feet; thence North 60°30'10" East 15.21 feet; thence North 51°53'22" East 148.25 feet; thence North 64°31'15" East 48.38 feet; thence North 66°11'49" East 84.00 feet; thence North 70°49'17" East 48.00 feet; thence North 66°54'48" East 148.00 feet; thence North 66°55'18" East 207.00 feet; thence South 34°21'59" East 46.00 feet; thence North 66°45'07" East 169.19 feet; thence North 68°37'05" East 523.35 feet to the POINT OF BEGINNING. • PROPERTY OWNERS WITHIN 200 FEET Smilack Exemption 9/4/92 Laidlaw, Tom & Barbara 37127 Hwy 6&24 New Castle, CO 81647 Rung, Norbet & Waltraud P.O. Box 8037 Aspen, CO 81612 Gibbons, David & Mary Batty, David & Connie 5991 Co. Rd. 214 New Castle, CO 81647 Klendra, Robert & Anna Marie 6123 Co. Rd. 214 New Castle, CO 81647 Dice, Lawrence & Merry 5847 Co. Rd. 214 New Castle, CO 81647 Anthony, James & Marilyn 5813 Co. Rd. 214 New Castle, CO 81647 Schwab, Jerry; Schwab Julia Chick; Chick, Thomas; Chick, Judith 6023 Co. Rd. 214 New Castle, CO 81647 Gibbons, David & Mary 5591 Co. Rd. 214 New Castle, CO 81647 Simonson, Charles & Scherry 6295 Co. Rd. 214 New Castle, CO 81647 • • Adjacent Property Owners cont. Smilack Exemption Bowden, William & Joanne 6303 Co. Rd. 214 New Castle, CO 81647 Melton, Linnie B. 0133 Co. Rd. 263 New Castle, CO 81647 Chenoweth, Sharon 6397 Co. Rd. 214 New Castle, CO 81647 MINERAL RIGHTS OWNERS (1/2) The Glenwood Church of the Nazarene 1007 Blake Ave. Glenwood Springs, CO 81601 Form No. OFFICE OF THE Sr-. ENGINEER GW' -25 COLORADO DMSIOiv OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT STEPHEN A SMILACK 2755 103 RD CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 941674 - F - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A&B Block: Filing: Subdiv: SMACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 2840 Ft. from South Section Line 2050 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDff1ONS OF APPROVAL 1) 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 anoth,r owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction and Pump Installation FII!If.. 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Wc,+l Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to tile Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the w*,11 be operated only when a water allotment contract between the well owner and the West Divide Water Conserver rr,, District for the release of replacement water from Ruedl Reservoir is in effect, or under an approved plan till augmentation. 4) Approved for the relocation of an existing well that was constructed after the expiration date of permit tlr,rni 147723. The old well must be plugged and abandoned according to the Water Well Construction and Installation Rules within (90) days of completion of the new well. The enclosed well abandonment report forst rl 1 be completed affirming that the old well was plugged and abandoned. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single fancily dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and layvns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1.5) acre-feet (488,700 gallons). 8) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at (east annually) and submitted to the Division Engineer upon request. 9) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 60() feet from any existing well. • APPROVED DWM State Engineer Receipt No. 0321771 DATE ISSUED S!•P 1 7 1992 �' BSEP 17 f'p': EXPIRATION DAT �,,,,, , I,,IInNo. 25 APPLICANT OFFICE OF THATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN SMILACK 2755 CO RD 103 CARBONDALE CO 81623 MIT TO CONSTRUCT A WELL COP LIC WELL PERMIT NOMBER 041673 — DIV. 5 CNTY. 23 WD 46* DES. BASIN MD 39 Lot: C&D Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3380 Ft. from South Section Line 1400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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. The construction of this well shall be In compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. (;) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1 1/2) acre-feet (488,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 15) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet horn any existing well. 9/i, 9 I�Ii(,)�Jt=C1 State Engineer (Y320403C DATE ISSUED SEP 1 7 1992 7/3-t„em-s„, By SEP 1 EXPIRATION DATE 1993 Form No. GWS -25 APPLICANT OFFICE OF 7 STATE ENGINEER COLORADO L. Tip? OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN A SMILACK 2755 103 RD CARBONDALE CO 81623 11MET TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166305 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A&B Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 2840 Ft. from South Section Line 2050 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. :) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated on/ when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir Is in effect, or under an approved plan for augmentation. 4) Approved for the relocation of an existing well that was constructed after the expiration date of permit number 147723. The old well must be plugged and abandoned according to the Water Well Construction arid Pump Installation Rules within (90) days of completion of the new well. The enclosed well abandonment report form must be completed affirming that the old well was plugged and abandoned. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1.5) acre-feet (488,700 gallons). 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. OWNER'S COM'�"" ».F PROVE=D ! iVVrv1 State Engineer ;t Ho. 0321771 DATE ISSUED SFP -1 7 1992 By EXPIRATION DATE SEP 1 7 1991 i:lorri No. GWS -25 APPLICANT OFFICE OF Ta STATE ENGINEER COLORADO 61111gSION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN SMILACK 2755 CO RD 103 CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166304 - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: C&D Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3380 Ft. from South Section Line 1400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 8) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1 1/2) acre-feet (488,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet frorn any existing well. /0-°'W/L)-//9 APPROVED i)WM OWNER'S COPY State Engineer .>ipt Ho. 0320403C DATE ISSUED SEP 1 7 1992 E/610t4 Ck.S2 ©Y EXPIRATION DATE SEP 1 7 1994 N 60'30'10" E 15.21' N 70'49'17" E 48.00' N 6611'49" E 84.00 N 64'31'15` E 48.38 p,0 P i.0001'01 6-5 �" S 34.21'59" E 5 1� 46.06' i-.4 . P•OP ,d`'' S /$1y •E_/ 4fr- 6030'10" E 15.21' LOT A 9.11 ACRES 111114 ROAD EASEMENT 8.59 ACRES IRh10UT ROAD EASEMENT 458.76' OP ACCESS EASDINT LOT B 8.40 ACRES I h ROM (ASSENT 8.20 ACRES lsfplr MIS EASEMENT S 8916'0Z" W 373.36' N 87'45' 109.32' 1\5 78'45'49' W 65.77' S 31'30'18" W 69.23' S 3693'53' w 77.71' 420.58' v! LOTO 7.89 ACRES PROPOSED WELL LOCA110NS 1" z 0 O O O TIE EAST 1/4 CORNER OF SECTION 5, T65. R91W OF STH PRINCIPAL MERIDIAN SCALE 7 200' 9/8/92 REVISED 9/30/92 LAND DESIGN PARTNERSHIP 918 Cooper Ave. Glenwood Springs, CO 81801 303-945-2246 SKETCH PLAN SMILACK EXEMPTION PARCEL 2 OF THE HUMBERT GAMBA EXEMPTION 25.391 ACRES N 60'30'10" E 15.21' N 70'49'17" E 48.00' N 6611'49" E 84.00 N 64'31'15" E 48.38 S 34'21'59" E '— 46.06'`,' ,69 ,9 001 01l 2�' 10,` nsitROPE d 4;y5 ice• 4 N 60'30'10" E 15.21' LOT A 9.11 ACRES w1N ROAD FASO/TNT 8.59 ACRES %MOUT ROAD EASEWNT 456.76' S 89'16'02" W 373.36' a 0 ACCESS EASEMENT LOT B 8.40 ACRES wnr ROAD EAgAOfT 8.20 ACRES snarr ROM EASEMENT 420.58' ROP -^'0 �ov\s, 5`3 LCTC 7.89 ACRES PROPOSED WELL LOCATIONS 420. z O O O 0 109.32' 5 78'45'49- W S 31'30'18" W65.77' 69.23' 5 36'13'53" W 77.71' TIE EAST 1/4 CORNER OF SECTION 5. T65, R91w OF 6TH PRINCIPAL MERIDIAN SCALE 1'= 200' 9/8/92 REVISED 9/30/92 LAND DESIGN PARTNERSHIP 918 Cooper Ave. Glenwood Springs, CO 81601 303-945-2246 SKETCH PLAN SMILACK EXEMPTION PARCEL 2 OF THE HUMBERT GAMBA EXEMPTION 25.391 ACRES Form No. GWS -25 APPLICANT OFFICE OF TASTATE ENGINEER COLORADO MIMISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN SMILACK 2755 CO RD 103 CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166304 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: C&D Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3380 Ft. from South Section Line 1400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. ,31 Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1 1/2) acre-feet (488,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 3) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. OWNER'S COPY PP ROVED L)A1tv1 State Engineer ipt No. 0320403C DATE ISSUED SEP 7 1992 &7-3t4,,,2 By EXPIRATION DATE SEP 1 7 1994 FOND No. GWS -25 APPLICANT OFFICE OF T` STATE ENGINEER COLORADO OWSION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN A SMILACK 2755 103 RD CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166305 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A&B Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 2840 Ft. from South Section Line 2050 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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. :!) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. `5) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) Approved for the relocation of an existing well that was constructed after the expiration date of permit number 147723. The old well must be plugged and abandoned according to the Water Well Construction and Pump Installation Rules within (90) days of completion of the new well. The enclosed well abandonment report form must be completed affirming that the old well was plugged and abandoned. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. G) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1.5) acre-feet (488,700 gallons). 1 A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. OWNER'S CO(Pv' :',PPROVED DWM State Engineer 0321771 DATE ISSUED SCP 1 7 1992 By EXPIRATION DATE SEP 1 7 1991 OMfoert President (303)625-1236 Carl H. Bemklsu 7884 309 Road Rrn,, Colorado 81660 VW Pratldant Herold Shaeffer 6967 319 Road Rina, Colorado 81650 $co. Trees. Nora Ruth Sernklau 7860 309 Road Rale, Colorado 81650 Attorney Rueaell Gearoe P.O. Box 907 Rifle, Colorado 81850 • West Divide Water Conservancy District POST OFFICE SOX 1478 RIFLE, COLORADO 81650-1478 November 14, 1990 Mr. Stephen Smilack and Edith Kane Crystal Springs Far 2755 103 Road Carbondale, Colorado 81623 Contract #901106 - SES Dear Mr. Smi.lack and Ms. Kane: The Board of Directors of the West Divide Water Conservancy District did approve your contract at their November 7, 1990 meeting for three acre-feet augmentation/exchange water, but, you rrsy also need the 4th. acre-foot when you split your property into four p rcels —please check with Division #5 Water Resources about this matter. I am enclosing another map which you must nark with the locations of intended wells and return it for our records before we can affirm your contract with the different entities requiring validity of your contract. It may save time for you if I just enclose two copies of that crap area and you can mark one for you to file with your contract and return one to us for our files and copies. Your copy of contract is enclosed with this letter attached as part of the contract and your receipt #2173 for payment is also enclosed. Thank you. Sincerely, Nora Ruth Bernklau Water Contact Person, W.D.W.C.D. ecet'ved From £ru.v.... '�.ss t ' : _ sYrte k lS-w- dress, '7 5 10 i ;;ACCCNJr4T T. Ot- COUNT L{. 'b ArAt: PAIN" 4-60 BAIANC6 , DUE HOW PAID CASH CHECK }a: MONEY ROHR 4.7 liSERVIWIASV Solid of Directors Carl H. Sernklau 7880 309 Road Rate. Colorado 81650 Leonetti Christensen 10879 311 Road SIIt. Colorado 81652 Gregory Durrett 928 Blake Avenue Olsnwood 6D0s..00 61861 Harold Shaeffer 6957 319 Road Rine, Colorado 81650 John Martin 13112 Highway 82 Carbondale. CO 81823 United States cooperation with the Department of Colorado Agricultural Agriculture Experiment Station Soil Conservation Service Olney series The Olney series consists of deep, well drained soils that formed in alluvium derived from sandstone and shale. Olney soils are on nearly level alluvial fans and valley sides. Slopes are 1 to 12 percent. The average annual precipitation is about 14 inches, and the average annual air temperature is about 48 degrees F. Olney soils are similar to Potts soils. Potts soils are Tess than 35 percent fine and coarser sand in the control section. Typical pedon of Olney loam, 3 to 6 percent slopes, about 1,400 feet north and 100 feet west of the south- east corner of section 6, T. 6 S., R. 91 W.: Ap-0 to 12 inches; grayish brown (10YR 5/2) loam, dark grayish brown (10YR 4/2) moist; weak medium subangular blocky structure parting to weak medium granular; slightly hard, very friable; neutral; clear smooth boundary. B2t-12 to 18 inches; grayish brown (10YR 5/2) sandy clay loam, dark grayish brown (10YR 4/2) moist; weak medium prismatic structure parting to moder- ate medium subangular blocky; slightly hard, very friable; common day films on pads; calcareous; mildly alkaline; clear smooth boundary. B3ca-18 to 33 inches; light gray (10YR 7/2) sandy clay loam, dark grayish brown (10YR 4/2) moist; weak coarse subangular blocky structure parting to weak medium subangular blocky; slightly hard, very friable, visible calcium carbonate as concretions, seams, and streaks; calcareous; moderately alkaline; clear wavy boundary. C1 ca -33 to 43 inches; light gray (10YR 7/2) gravelly sandy clay loam, grayish brown (10YR 5/2) moist; massive; hard, very friable; 25 percent gravel and cobbles; visible calcium carbonate as concretions, seams, and streaks; calcareous; moderately alkaline; clear wavy boundary. C2ca-43 to 60 inches; light gray (10YR 7/2) very grav- elly sandy loam, grayish brown (10YR 5/2) moist; massive; slightly hard, friable; 30 percent gravel and 10 percent cobbles; visible calcium carbonate as concretions, seams, and streaks and as coatings on gravel and cobbles; calcareous; moderately alkaline. Depth to calcareous material ranges from 10 to 20 inches. The solum ranges from 20 to 35 inches in thick- ness. The control section averages more than 35 per- cent fine and coarser sand. The A horizon has hue of 2.5Y or 10YR, value of 5 or 6 dry and 3 or 4 moist, and chroma of 2 or 3. The B horizon has hue of 2.5Y or 10YR, value of 5 or 6 dry and 4 or 5 moist, and chroma of 2 to 4. The Cca horizon has hue of 10YR, value of 7 or 8 dry and 5 or 6 moist, and chroma of 2 or 3. Soilturvey Rifle Area, Colorado Parts of Garfield and Mesa Counties 106 TABLE 7. --BUILDING SITE DEVELOPMENT --Continued I I Soil name and { Shallow ; Dwellings map symbol { excavations ; without 1 ; basements Dwellings with basements 143 Limon 44 Morval 4511: Morval Tridell 146 Nihill 47 Nihill 148 Northwater 149 Olney 50 Olney 51 Olney Moderate: too clayey. Slight Moderate:,, slope. Severe: slope, large stones. Severe: cUtbanks cave. Severe: slope, eutbanks Severe: slope. Slight' cave. Slight ��- Moderate!' slope. 52 Severe: Parachute slope; depth se, hock. '• 53': Parachute Rhone 514 Potts 55 Potts 56 Potts 57': Potts Ildefonso Severe: slope, depth to rock.' Moderate: slope, depth to rock. Slight Sligh* Moderate: slope. Severe: shrink -swell. Moderate: shrink -swell. Moderate: shrink -swell, slope. Severe: slope, large stones. Slight Severe: slope. Severe: slope. Slight Slight (Moderates slope. Severe: slope. 'Severe: I shrink -swell. ;Moderate: I shrink -swell. Moderate: shrink -swell, slope. ;: Severe: slope, large stones. (Slight Severe: slope. Severe: slope. Slight Slight Moderates slopes Small I Lcrpi l commercial i and :;Lr, buildings Severe: ;Severe: I shrink -swell. I low strep. I shrink -:;.r Moderate: IModera1.0: slope, I low st.ren!!J.i., shrink -swell. I shrink--;wyl.l, frost action. Severe: :Moderate: slope. I low strength, I shrink -swell, I slope. i Severe: ;Severe: slope, I slope, large stones. I large stone:-. Slight {Slight. Severe: ;Severe: slope. I slope. Severe: (Severe: slope. I slope. Slight ;Slight. I., Slight Severe: slope. Slight. Moderate: slope. Severe: Severe: Severe: slope, slope. I slope. depth to rock. Severe: {Severe: slope. I slope. Severe: ;Moderate: slope. I slope, I frost ,action, I shrink -swell. r , Slight (Slight. Moderate: ;Slight. slope. Severe: ;Moderate: slope. I slope. Moderate: ;Slight. slope. Severe: ;Severe: large stones. slope, I large stones. large stones. Severe:, Severe: slope. slope, depth to rook. Moderate: Moderate: slope, slope, shrink -swell.': depth to rock; shrink -swell. Slight Slight Moderate: slope. Slight !Slight Severe: large stones. See footnote at end of table. Severe: large stones. Slight Slight Moderate:' slope. ; Slight Severe: RIFLE AREA, COLORADO TABLE 8. --SANITARY FACILITIES, --Continued, 1 9011 name and 1 Septic tank, map symbol 1 absorption fields 1 39-- {Severe: Jerry 1 peres slowly, 1 slope. ;Moderate:' Kim 1 peres slowly. { 41 ;Moderate; Kim 1 slope, 1 peres slowly.. 112 {Severe:, 1 1 slope. iSevere: 1 peres slowly, 1 slope. (Moderate: 1 peres slowly, 1 slope.. 0.,rva1 ;Moderate: { peres slowly,. { slope. 40 Sewage lagoon areas Trench sanitary landfill 118 Nurthwater 49, 50 Tilney Severe:. slope, , large, stones.; Slight Severe: slope. {Severe: slope. Severe; slope, depth to rook. Moderate: peres slowly. Moderate;;. slope, seepage.;' Severe: slope. Severe: slope. Moderate: slope. Severe: slope. Severe: slope. Severe: seepage, slope, large stones. Severe: seepege Severe: slope,' seepage." Severe: slope. Moderate: seepage,. slope. Severe: 1 slope. Slight ' {Slight !Severe: { slope.,; { {Severe: too clayey. Moderate: too clayey. Moderate:' too clayey.,. Severe: seepage, large stones. Severe: seepage.; Severe: seepage., Severe;" slope, depth to rook,;! Slight 111 1 Area. 1 Daily cover sanitary 1 for landfill landfill 1` 1 1 Severe:, (Poor: slope. 1 slope, 1 Slight (Good. Moderate: 1 slope. {Severe: { slope., Slight Slight Moderate: Severe s; slope,, seepage. '.'. Severe: seepage.;. Severe: slope,•,, .seepage.c Severe slope. Slight 'Fair: 1 slope.'. { Poor: { slope. Poor: too clayey. Fair: too clayey. Fair: slope, - ... too clayey. Poor:. slope, large stones. Poor: small stones. Poor: elope, small stones. Poor: slope., Fair: small stones. 51 0Iney Moderate peres slowly, slope. Severe: slope.. {Severe: l'.raclinC;'e 1 slope, 1 depth to rock, { :.:huge :Severe: 1 slope, 1 depth to rock. Rhone {Severe: 1 depth to rock. { I,'oi.nuge at end of table. Slight F Severe: {Severe: slope, 1 slope, depth to rock, 1 depth to rock, seepage. 1 seepage. Moderate: slope. Fair: small stones, slope. Severe: slope, depth to rock, seepage. Severe: slope. Severe: depth to rock, seepage. Severe: depth to rock. Severe: slope, seepage. Severe: slope, seepage., Moderate: slope. Poor: slope, small stones, area reclaim. Poor:' slope, small stones, area reclaim. Fair: small stones, thin layer, slope. k American Land Title Association Owner's Policy — Form B — 1970 (Rev. I0-17-70 and 10-17-84) POLICY QF TITLE INSURANCE Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company Title Insurance Since 1876 HOME OFFICE EIGHT PENN CENTER PHILADELPHIA, PA 19163 B-1005-8 COMMONWEALTH (AND TITLE INSURANCE COMPANY A Reliance Group Holdings Company SCHEDULE A Amount of Insurance: $ 68,000. 00 Premium: $201.50 Re -issue Rate Date of Policy: October 18, 1989, at 7:59 A.M. 1. Name of Insured: POLICY OF TITLE INSURANCE STEPHEN A. SMILACK AND EDITH SMILACK - KANE Policy No, 107-729814 File No. 8910003 2. The estate or interest in the land described herein and which is covered by this policy is Fep S i l e and is at Date of Policy vested in: STEPHEN A. SMILACK AND EDITH SMILACK - KANE 3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield , State of Colorado , and is identified as follows: Countersigned: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • iA MI uthorized Officer or Agent NM1 PA10 American Land Title Assoclation Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Form 1005-43 Schedule A ORIGINAL e orn . HJd, — File No. 8910003. A parcel of land located in the Northeast quarter of Section 5, Township 6 South, Range 91 West of the 6th Principal 'Meridian, further described• as follows: Beginning at a point whence the East 1/4 Corner of said Section 5 bears South 47°01'59" East 1825.89 feet; thence South 00°45'00" East 778.95 feet; thence South. 54°.45'00" West 89.87 feet; thence South 62°59'57" West 662.95 feet; thence South 78°45'49" West 65.77 feet; thence South 87°.45'56" West 109.32 feet; thence South 31°30'18" West 69.23 feet; thence South 35°13'53" West 77.71 feet; thence South 89°16'02" West 373.36 feet; thence North 00°11'45" West 747.15 feet; thence North 60°30'10" East 15.21 feet; thence North 51°53'22" East 148.25 feet; thence North 64°31'.15" East 48.38 feet; thence North 66°11'49" East 84.00 feet; thence North 70°49'17" East 48.00 feet; thence North 66°54'48" East 148.00 feet; thence North 66°55'18" East. 207.00 feet; thence South 34°21'59" East 46.00 feet; thence North 66°45'07" East 169.19 feet; thence North 68°37'05" East 523.35 feet to the POINT OF BEGINNING. PHONE No. : 963 1314 4110 Sep.01 1992 2:12PM PO4 Lei LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company Policy No. 107-729814 Policy No. 107-729814 File No.. 8910003 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of' the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 6. Any and all unpaid taxes, assessments and unredeemed Lax sales, 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 10, 1893 in Book 12 at Page 220. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded October'20, 1903 in Book 56 at Page 448. 10. A strip of land 20 feet wide for road right of way along the west side of the SWNE as granted by deed recorded December 23, 1910 in Book 83 at Page 213. 11. Easement and right of way for County Road No. 214 which forms the Northerly boundary of subject property which si set out on the Gamba Exemption plat recorded as Document No. 371130. 12. Reservation of 1/2 minerals by Nelson M. Richardson and Mary Richardson in the Deed to Edward L. Green and Lorene Green recorded August 21, 1963 in Book .352 at Page 364 which reads as follows; "There is hereby reserved unto the grantors herein one- half of all oil, gas, hydrocarbons and other minerals in, on or under the above described premises for a period of twenty one (21) years from date hereof, and as long thereafter as production is obtained therefrom." Recorded August 15, 1963. Reservation of minerals by Edward L. Green and Lorene Green in the Deed to J. J. Gamba and Frances. L. Gamba recorded October 10, 1964 in Book 361 at Page 521, which reads as follows: "There As also hereby reserved uhto the grantors herein one- half of all interests, both present and reversionary, of the said grantors, in and to all oil, gas, hydrocarbons and minerals in, on or under the above described premises." "A 1/2 interest of all mineral, oil and Gas rights" as reserved by Humbert J. Gamba in the Deed to The Glenwood Springs Church of the Nazarene, recorded June 23,=1987 in Book 714 at Page 713. 13. 14. 0. WS -25 APPLICANT OFFICE OF THE S : ENGINEER COLORADO DIVISIk,ov OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN A SMILACK 2755 103 RD CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 04 i$74 - F DIV. 5 CNTY. 23 WD 45 DES. BASIN MU Lot: A&B Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6tlt RM. DISTANCES FROM SECTION LINES 2840 Ft. from South Section Line 2050 Ft. from `. East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 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 anothor owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction and Pump Installation fir lir-- 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Wall Construction and Pump Installation Contractors In accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to Ore Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservni tr•y District for the release of replacement water from Rued' Reservoir Is in effect, or under an approved plan tnr augmentation. 4) Approved for the relocation of an existing well that was constructed after the expiration date of permit nrinrt''l 147723. The old well must be plugged and abandoned according to the Water Well Construction and f'rnr y , Installation Rules within (90) days of completion of the new well. The enclosed well abandonment report iornr in'r be completed affirming that the old well was plugged and abandoned. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and layvns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1.5) acre-feet (488,700 gallons). 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 6U0 feet from any existing well. APPROVED DWM JA17;14.` Receipt No. 0321771 DATE ISSUED SEP 17 1992 EXPIRATION DAT EP 1 State Engineer BY 7 19!:3. I ,:1111 1`10. .'v`. S 25 APPLICANT OFFICE OF TE I TATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN SMILACK 2755 CO RD 103 CARBONDALE CO 81623 11MFT TO CONSTRUCT A WELL F, E' P LIC WELL PERMIT NOMBER 041673 - F DIV. 5 CNTY. 23 WD DES. BASIN MD Lot: C&D Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3380 Ft. from South Section Line 1400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) Fhis well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the hermit 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. 2) The construction of this well shall be In compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 17. i) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well 1;e operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued Reservoir Is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes Inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 5) The average annual of amount of ground water to be appropriated shalt not exceed one and one-half (1 1/2) acre-feet (488,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. ti) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. (),//,, State Engineer 0120103C DATE ISSUED SEP 1 7 1992 —2, , friucc c_c_, b(27A--40 ay 8EP 171993 EXPIRATION DATE IKoren No. GWS -25 APPLICANT OFFICE OFSTATE ENGINEER COLORADO WISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN A SMILACK 2755 103 RD CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166305 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A&B Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 2840. Ft. from South Section Line 2050 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDRIONS 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. a) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued Reservoir Is In effect, or under an approved plan for augmentation. 4) Approved for the relocation of an existing well that was constructed after the expiration date of permit number 147723. The old well must be plugged and abandoned according to the Water Well Construction and Pump Installation Rules within (90) days of completion of the new well. The enclosed well abandonment report form must be completed affirming that the old well was plugged and abandoned. 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1.5) acre-feet (488,700 gallons). £1) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. OWNER'S c0i41 1- PHONED I t1+1N1 State Engineer i; .I t Ir), 0321771 DATE ISSUED SEP 1 7 1992 By EXPIRATION DATE SEP 1 7 1994 i.irrn No. OFFICE OF TA STATE ENGINEER GWS -25 COLORADO L . 1SION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT STEPHEN SMILACK 2755 CO RD 103 CARBONDALE CO 81623 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 166304 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: C&D Block: Filing: Subdiv: SMILACK EXEMPTION PROP APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3380 Ft. from South Section Line 1400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) 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. 2) The construction of this well shall be In compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedl Reservoir Is In effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes Inside two (2) single family dwellings and the Irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one and one-half (1 1/2) acre-feet (488,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at (east annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. /g '9/41/2 OWNER'S COPY f1OVED ANM State Engineer �il�l r1a. 0320403C t: -u2 B7l DATE ISSUED SEP 1 7 1992 EXPIRATION DATE SEP 1 7 1994 • October 6, 1992 Board of County Commissioners Garfield County, Colorado 109 8th Street Glenwood Springs, CO 81601 Re: Smilack Subdivision Exemption Request Dear Commissioners: land design partnership On behalf of Steve and Edith Smilack - Kane, I respectfully submit the attached application and supplemental information in satisfaction of the requirements for exemption from subdivision regulations for a 25 acre parcel located approximately two miles west of New Castle. The parcel is bound on the north by County Road 214, on the south by the Ware and Hines Ditch and on the west by the west line of the SW 1/4, NE 1/4 of Section 5. The westerly half of the property includes an easement for the county road. This easement was established by the Humbert Gamba Exemption Plat in 1987. The site slopes gently to the south and is presently in irrigated agricultural production. Irrigation water is provided by shares in the Roseman Ditch Company. The Gamba Exemption Plat identified the creation of this tract as a separate parcel due to the county road separating it from a larger parcel. The larger parcel was created prior to 1964 as evidenced by a property transfer recorded in October of 1964 (Book 352 @ Page 364). Since this property is the result of the the county road's bisection of the larger tract, Garfield County subdivision regulations allow the creation, by exemption, of up to three lots from this 25 acre tract. The Soil Conservation Service Soils Survey for the Rifle Area classifies the soils on the site to be in the Olney Soils Series. These soils are described as having "moderate" limitations for residential dwellings and septic tank absorption fields. The "moderate" designation identifies limitations that can be overcome by proper design. The pertinent Soils Survey data in included with this application. Three lots are proposed by the attached Smilack Exemption Sketch Plan. The lots range in size from seven to nine acres and each has at least 400 feet of frontage on County Road 214. In consideration of traffic safety on County Road 214, only two points of access are proposed, with easements for common use by lots A & B. Domestic water will be supplied by two wells, with one well being shared by two lots. Water rights for these wells are provided by contract with the West Divided Water Conservation District (attached). Well permits have recently been issued by the State of Colorado.(attached). P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • Smilack Exemption 10/6/92 page 2 Wastewater treatment will be by individual sewer disposal systems with septic tank and absorption field. Irrigation water presently attached to the property will be divided between the three lots in proportion to the acreage of each lot. This will allow for continued agricultural activites on the property. The present easement for County Road 214 is proposed to be dedicated to the County as a permanent road right-of-way. The property's close proximity to the Fire Protection District Station in New Castle, indicates a quik fire emergency response time. Mr. Smilack spoke with the New Castle Fire Department early in his investigation of the subdivision and received the attched letter from the district. A copy of the sketch plan has been submitted to the Fire District for their review. The continued agricultural uses on the property will minimize any wildfire hazard. We believe the proposed lots and residential ranchette use is compatable with the surrounding land use. The size of the proposed lots and the availability of agricultural irrigation water creates a mixed residential -agricultural use that is consistent with guidelines of the Garfield County Comprehensive Plan. Your approving action on this exemption request is respectfully requested. Sincerely, Ronald B. Liston ,fl 1 2 , - � 1 6266.k...0" , c. / , ., 77 , -------,...„_____/.,,e ./,,,, /c,) „, ,,, ) /1,, ,, 5630r SMILACK EXEMPTION Vicinity Map H i New Castle ( 5550 To Glenwood Springs 4' l SMILACK EXEMPTION _ To Rifle 5600 5600 �<«, -Tr--.• I r u 60522 5 • • r) I A -D Seale: 1"=2000' —T 2-H(S-F) T 1 2179-011-00-496 -71 4 ►�.i�i�i�i�i�i SMILACK EXEMPTION Land Use Map Agricultural (Irrigated) Agricultural (Waste) Single Family Residential Commercial Scale:1"=1200' North N 60'30'10" E 15.21' N 70'49'17" E 48.00' 84.00 r1 c`0 N 6611'49" E 0'- N 64'31'15" E 48.38 j/ 5.'tr37� y NN 60'30'10" E 15.21' LOT A 9.11 ACRES IMTH ROAD EASEMENT 8.59 ACRES Wr1HOUT ROAD EASEMENT 458.76' 5 89'16'02" W 373.36' S 34'21'59" E r— 46.06' O In 14 ,9 * �g9• V'S �� 0� ar�j 2�blO` ACCESS EASEMENT LOT B 8.40 ACRES 1111 SW EASEMENT 8.20 ACRES Ulan' ROAD EA9"ENT 420.58' PD CO\ hobs 2� LOTO 7.89 ACRES PROPOSED WELL LOCATIONS N 109.32' S 78'45'49" W 65.77' S 31'30'18" W 69.23' S 3613'53" W 77.71' In 420. z Vco cp.0 V A' cipo TIE EAST 1/4 CORNER OF SECTION 5. T65, R91W OF STH PRINCIPAL MERIDIAN A) 6� 0,, SCALE 1'= 200' 9/8/92 REVISED 9/30/92 LAND DESIGN PARTNERSHIP 918 Cooper Ave. Glenwood Springs. CO 81801 303-945-2246 SKETCH PLAN SMILACK EXEMPTION PARCEL 2 OF THE HUMBERT GAMBA EXEMPTION 25.391 ACRES 1 • Contract 9e//a.6— SC S Map ID # Jo 4 Date Activated /./-/Y- WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: Stephen Smilack and Edith Kane Quantity of water in acre feet three Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of divers -ion herein lawfully entitling Applicant to divert Applicant which int intends will toe divert supplementedby water at well, it herein. If of App understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2.Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration fby lowhwater Colorado State not ninneer uriprio rity,1gtheerDistric piods when said direct shallrelease for the use of Applicant up to said quantity in acre-feet per year of storage water owned allotted controlled fromydirec District. flow, storage or understood that any quantity otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the 'consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be Ratesance with such noti. hallebe adjusted accordingly in following water years onlyCe 3. Beneficial Use and Location of Beneficial Use Any and all water allotted Applicant by the Di7:1E-Ect--7-s= be used for the following beneficial use or uses: Municipal, domestic and thatteRu di s�waterirrigation notand be commercial available (except extent or irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United tateseandithe uWest tfDividyenWater Conservancy District).Applicant's water allotted shall be within rr thro gh facilities Applicant'scontrol.li esor upon land owned, leased, operated, p 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to worksthe i of isaidsstor storage facilitiesoorthe at ptc ant at hedecreedthe outlet point of -1- 4111 1110 diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities regulationsgoverning shall subject the leases the contracts, laws, rules, and therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District ttte future, so long as the water service to t the Ap cDAny pqursuant tuint to this agreement, is not impaired by the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the sion shall Awater pplicant supplies any f the District. Such refund of payment made, fora not entitle such water. Water service provided by the District shall be limited to the amount of water available inipripriority watert tthe ehoriginal point ofthediversion District�f nor theDthoseiStrictIS entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the atrnay be decrees, may aat anlon alternatea point of diversion, thonal sources of ugh that may not at the original point of diversion) only as against water rights which aro junior to the date of application for the alternate point of diversion. S. Alternate Point of Diversion ands onPlan tof f Augmentation: Decrees or a ternate po nts o Vn District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of AppprTaDthe elchttjicil and appoVenyconditions whichmaybeattaright douda of plated or approval of said alternateApplicant's diversion for lands. Applicant necessary to serve App acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters as i tendedt said t r n ficnate p intsof o diversion and deliver them to App Irrespective of the amount of water actually nttransfe make annthe Applicant's point of diversion, the Appll payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point f diversionproceedings to forplop the an augmentapprovalapofn plan such and institute legalP Applicant to utilize the water augmentation plan to allow the APP licant shall give the allotted to Applicant hereunder, the App District written notice of such intent. In the event the Applicant develops and adjudicates its own augment ti nl plan to o utilize the water allotted hereunder, ApP liobligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide th Dstrict si filed withes ttheof watencplan �ourt in thefall adjudicat adjudication thereofs and �ther 8p 6. .Ci prat n t eenamount determinedabye,theone Doardime of administrative c aDgil, wi this s of p licationtfor pfrom time con iderationobytime, the Distric . submitted with this app -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, af.the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicants address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest nder this immediately contract without further notice and delivery may b curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual annualnanaadvance o ftiwaf ter er delivery, will be fully met bybudget to unds fpr licant.soAses of additio adds as itionalbe tol thelly District,lethe the App person, Applicant will hold harmless the District and any corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service herein to the contemplated failure ed fon the Applicant to maintain the payments current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than All, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rightsu der this contract shall allstbe e subject to, and must comply with, District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors the District ccessors ortion of Applicant's property from applying r individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules regulationsand all amendmentsthereofoh nd a d Board Directors the supplementstheretoaDnds bycalla other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- 1 4 determines in its sole discretion th t uchll annot agrbe eement is s required. Said agreement mayor contain,to, provisions for additional annual arayndco forside at in for extension of District delivery or for costsistooa the 'Distr ictowhichd maymaintenance ariseecthrough� other services made available to the Applicant. 11. Cha___rea °fe: The or disapprovetanys proposed ch erves the exngeiin use to review, reapproveuse other than that set use of the water allotted hereunder. Any forth herein or any lease or sale of the water or w e rights allotted hereunder without the prior written app District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner an on t e property described in the documents submitted to the District at the time this agreement isrexfce ecut ta thised said documents are and incorporated maintenance bagreement provided hereto), or in any operation by Applicant. Any use other than as set forth thereon than as or any ter permittedgineparagrapha8eabove,rashall ibetdeemeds ito beother of the wtr or amaterial breach of this agreement. 13. Title: It is understood and agreed y h it nothat ing herein shall be nterpreted to give the Applicant legal fee title interest in or to any water or water rights referred to herein. 14. Conservat1 2IL Applicant shall use commonly accepted conserat�°n Practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. RestrictICTIAUL Applicant shall restrict uses as oatiue~Cetiws are appended this a ar Violation these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet acre foot/100 head Irrigation Livestock (cattle) 2 - 3 acre feet/acre 16. Well Permit: If Applidant intends to divert e to of tprlicant'�s lvalidewell permitmust befopreo DistrictiisriCt a obligated to Applicant's water hereunder. deliver any 17. Re resentations� By executing this agreement, Applicant agrees tat els not relying on any legal or engineering adviceApplicant further acknowledges ththate s received from the Dhe has obtained all necessary District. AApadvice from his own sources other tha thannthe Distand engineeringrict• Applicant further acknowledges that the District makes no guarantees, warratties,avor assurancespursuanthatsoever aboutr the quantity or quality agreement. D should the District be uta blee as esrseddagainstthe athe ter contracted for herein, no damages may District, nor may Applicant obtain a refund from the District. 18. Costs of Water : Court nil u•.e Aphouldnth s e District, herein its own disc e •n, c herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay ytto the District, when assessed, an additional fee representing nt'e District's actual and reasonable costs and fees for Appli share of the proceeding. .n� • 19. Binding Agreement: This Agreement shall not be Comlete nor is thep pform entitled in binding on the D for iPurchase ct softWaters d hereto from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. warning-: IT IS THC SOLE RU'SPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN CONTRACT.ORDER TO ,U/RED UNDER THIS DIVERT IT IS THEECONTINUI G N U YH E OFWTHERAPP. CANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BAS UT WASTE. APP BY 4$41 Apr APPLICANN,D 2755 103 Road Carbnnda1p. Cn1 nrnr(q P16?3 •}11 ii, s ;STATE OF COLORADO ) 8s. '°°''‘'''..'M;�� I•C�CUNTY OF GARFIELD ) ' i,' ' ' ' The foregoing instrument was ack owledged efore 'me on �,� '') 1 '•} 1 1 lth'ig'' p4k1 day of (/,ol��i�r , 1g�i by �o�i� fir ;1? (j 1 ± ( Witness my, hand and official seal: •.:' ,,, r) ' rpt 1 My' commission expires:M Commission expire ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that saidapplication be granted and this contract shall be and is accepted by the District., lr /. • • '.. { ? ATTEST t } ecre ary This contract:includes and is subject to the terms and conditions of,the 'following documents which must accompany this contract rat WEST DIVIDE.WATER CONSERVANCY DISTRICT" By�� resident Date Map showing location of pointof diversion (use map provided); Application and Data Form fully completed• and awigned. Other , Et Al Letter nttacli -5- r 0- • ADDENDUM # AD9004 - SES CONTRACT # 901106 - SES MAP ID # 106 DATE DIVIDED ADDENDUM West Divide Water Conservancy District Water Allotment Contract THIS ADDENDUM by and between the undersigned parties hereto is intended to be an integral part of that certain Water Allotment Contract (hereinafter called "Contract") between said parties dated 155 to which this Addendum shall be attached andbecome a part as if fully set forth in said contract. 1. It is the intent of the Applicant herein to subdivide or otherwise divide the lands to be served by the water obtained pursuant to the contract. 2. It is the intent of the Applicant herein to divide the water and rights and obligations derived from the Contract between and among the parcels so subdivided or divided. 3. The District acknowledges the foregoing intentions of Applicant and approves and accepts same, subject to the conditions set forth hemi n. 4. Applicant shall be required to file an application in writing to District for each subdivision or division setting forth the legal description of the new parcel, the name and address of the person responsible for compliance with this agreement with respect to said new parcel, and the portion of the water being the subject hereof which is to be assigned to said new parcel. S. Said application shall be filed on the form provided by the District. 6. Applicant shall submit, with said application, the correct fee required by the District for processing the application for division. 7. Before the division shall be approved by the District, said application must also bear the signature of the proposed successor to applicant agreeing to assume and be bound by the terms and conditions of the Contract and this Addendum. 8. Upon satisfactory compliance by Applicant and its successor with the foregoing requirements, District shall approve the division and shall give notice thereof to both Applicant and said successor. 9. Upon such approval by District, the Contract shall be deemed to be divided. Applicant shall thereafter be responsible 1. of 2 West Divide Water C rvancy District Water Allotment Cont act Addendum Page 2 of 2 ADDENDUM #AD9004 -- SES CONTRACT # 901106 SES DATE DIVIDED for performance of the Contract only as same relates to the remaining undivided portion. The successor shall thereafter be responsible for performance of the Contract only as same relates to the divided portion. A breach by one party to a divided contract shall be deemed to be a breach only of that portion of the contract for which that party is responsible and shall not be deemed to be a breach of the portions of the Contract for which other non -defaulting parties are responsible. 10. After one or more such divisions have been made of the Contract and the water and rights and responsibilities relating thereto, the Contract shall be deemed to be enforceable and to exist in counterparts. Them shall be as many counter- parts as there are divisions of the Contract. Each counter- part together with this Addendum and together with the above-mentioned application and assumption and approval documents shall constitute the entire agreement between District and each party responsible •for performance of each counterpart and shall be binding and enforceable separately from other counterparts. SIGNATURES of the Parties hereto: Applicant: STATE OF COLORADO ) ) ss. CQUNTY OF.GARFIELD ) The foregoing Addendum was acknowledged before me • on the (0)(/? day of 2(4 19 by: 6- I, /am/C Witness my hand and official seal. My Commission expires %) 1f4 ✓± 6 :1 V Notyp b ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District • on. the above Addendum, it is hereby I' ►.8' m that said Addendum be granted and AcoPpted . as part of,the original. Water Allotment Contract referred to therm by the District. ATTEST: ecretary,.-•'' WEST DIVIDE WATER CONSERVANCY DISTRICT 2 of 2 MAP I.D. h'lk'al �/_ — n DATE AcTran:o ._ --------177a77;7761; APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Stephen Smi 1 ack and Edith Kane Name Address 755 103 Telephone Number ___39.37.91a3_ -_-_L3? 4- Stephen Smi 1 ar.k Authorized Agent or Representative same inf • • r. ••1 ...• B. WATER RIGHT OWNED BY APPLICANT Name of Right Type of Structure or Right Location of point of Diversio r rM Water Court Case No. Well Permit No. C INTENDED Location SofE OArea F AofDWATER Use 6123 co Description of Use Domestic commercial domestic animals and nd r- irri pti7on Number of Dwelling Units Total Acreage 21 X41 wells _ Proposed Potable Water System Pry R Iegi e fa5te-Wa ter Treatment System serpi____syste11«i t.h� Projected Monthly Volume of Leased Water Needed in Gallons: Feb. Mar. Apr._____Oct,-- Jan. July Aug,' Sept. ,May______ June______ ---=---= Nov. Dec. — 877,700 Acre Annual Total Gallons Maximum Instantaneous Demand 3615= 4,._._.gpm D. OTHER REMARKS u . •- �r�ceed �it'h the � • Ir. ,,a ATIVE • • SILT -NEW CASTLE FIRE PROTECTION DISTRICT POST OFFICE BOX 216 SILT, COLORADO 81652 MARCH 9, 1991 Steven A. Smilack 2735 103 Road Carbondale, CO 81623 RE: Smilack Subdivision Exemption Dear Mr. Smilack: I do not believe this subdivision exemption would create any problems for the Silt -New Castle Fire Protection District. Keith Crandell Fire Chief K0/ep 0 c i 11•11 AMINE .-.:■■■Pk.. -_-"1111111111 80 ( o ( A61 SM ILAC` (K EXEMPTION C Prime Farmland In general, prime farmlands in Colorado that have adequate and dependable water supply from irrigation; a favorable temp- erature and growing season; acceptable salt and sodium content; and few or no rocks. Irrigated Lands (Not Prime) These are irrigated lands which for one or more reasons do not meet the require- ments of Prime Farmland. However, lands in this category are important to the agricultural economy of Colorado. Prime (If irrigated) This category has not been identified as important farmland of the State. Other Land These are lands which do not meet any of :son mot INN 111/1•1 .■■■■ SMILACK EXEMPTION Important Farmlands Prime (Irrigated) Irrigated Land (Not Prime) Prime (If they become irrigated) Other Lands the above categories. However some areas are capable of being used as dry cropland. 1"=2000' North • 0 7 NOV 0 9 1992 it ii c ARFIEt1D COUNTY November 5, 1992 Board of County Commissioners Garfield County Courthouse Suite 301 109 8th Street Glenwood Springs, Colorado 81601 Dear Commissioners: 1992 l7Hi ritLI) (i:UNVTY COMMISSIONERS We would like to register our objection to Mr. Smilack's request to sub- divide. Our primary concern is that the land he wishes to divide on 214 Road is and has been PRIME FARM LAND for the past 30 years that we have lived in this valley. Colorado has much land that is not suitable for farming and there are many available building sites in our area that are already approved for building sites. If we continue to use our prime farm land for building sites, who will eventually feed the nation? Please take the initiative and protect our PRIME FARM LAND from becoming merely a building site. Futhermore, this ranch has been sub -divided many times. It has been our understanding that Senate Bill 35 states that the sub -division stays with the land not the new owners. It was first sub -divided by Edward Green and later by Dr. John Gamba. Thank you for the opportunity to state our views. Since • 1y, Chari-sa' d Scherry imonson 6295 County Road 2.4 New Castle, Colorado 81647 RICHARD J. MURR BROKER • • Murr Rculltj and Auction Service 37659 U.S. Hwy. 6 & 24 New Castle, Colorado 81647 Afik Day or Evening Phone (303) 984-2212 Garfield County Planning Dept. 109 8th Street, Suite 303 Garfield County Courthouse Glenwood Springs, Colo. 81601 Gentlemen: ri 1 1992 GARFIELD COUNTY I am writing in regards to the application for a Subdivision Exemption that Steven Smilack has applied to the Board of County Commissioners for. My concerns are that there has been an error in the belief of previous owners to the property that Steven Smilack now owns. The problem lies in the fact that many years ago the subject property owners conveyed to predecessors to the property that Alma Murr and Richard Murr presently own. We have a deed to the property conveyed; however, they have failed to exempt said parcel from the deed of the subject property. Even though we have a deed to the parcel and have had it continuously fenced and hostily held the property and prevented any claim for adverse possession, it has never -the -less caused hard feelings by some of our neighbors. They were acting out of ignorance to the fact the property had been conveyed previously and they were subsequently given a deed to include the same parcel. I believe the time has come for this problem to be taken care of and to be laid to rest forever and I would appreciate it if you would recommend to the County Commissioners to place this burden upon Steven Smilack and to grant Alma and Richard Murr a quit claim deed and place it of record so this problem will not crop up with a purchaser of one of the parcels. Sincerel-w yo s M r chard J. • 9')/Lev?, OEGULATORY OFFICES AND PERSONNEL Novmber 10, 1992 Mr. Ron Liston Land Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: Smilack Subdivision Exemption Dear Ron: GARFIELD COUNTY Your client's application fora Subdivision Exemption, located off of County Road 214 west of New Castle, has been re -scheduled for a public meeting before the Board of County Commissioners on December 21, 1992, at 2:00 p.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more that 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice posters, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sin ly, Dave Michaelson. Planner ' IM/dhm 'osures TREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • riFe II 7 19t)2 GARF; LLD COUNTY land design partnership TRANSMITTAL DECEMBER 7, 1992 TO: David Michaelson Planner Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 FROM: Ron Liston PROJECT: SMILACK EXEMPTION DELIVERED BY: HAND DELIVERY CONTENTS: CERTIFICATES OF MAILING (15 COUNT) REVISED LIST OF PROPERTY OWNERS WITHIN 200 FEET David: Site was reposted on December 4th. Thanks for your assistance!. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • • PROPERTY OWNERS WITHIN 200 FEET SMILACK EXEMPTION 9/4/92 REVISED 12/1/92 Pauline Rippy P.O. Box 1207 Glenwood Springs, CO 816021 Alma B. Murr & Richard J. Murr 37659 Hwy 6&24 New Castle, CO 81647 Laidlaw, Tom & Barbara 37127 Hwy. 6&24 New Castle, CO 81647 Rung, Norbet & Waltraud P.O. Box 8037 Aspen, CO 81612 Gibbons, David & Mary Batty, David & Connie 5991 Co. Rd. 214 New Castle, CO 81647 Klendra, Robert & Anna Marie 6123 Co. Rd. 214 New Castle, CO 81647 Dice, Lawrence & Merry 5847 Co. Rd. 214 New Castle, CO 81647 Anthony, James & Marilyn 5813 Co. Rd. 214 New Castle, CO 81647 Schwab, Jerry; Schwab, Julia Chick; Chick, Thomas; Chick, Judith 6023 Co. Rd. 214 New Castle, CO 81647 Property Owners cont. Smilack Exemption Gibbons, David & Mary 5591 Co. Rd. 214 New Castle, CO 81647 Simonson, Charles & Scherry 6295 Co. Rd. 214 New Castle, CO 81647 Bowden, William & Joanne '6303 Co. Rd. 214 New Castle, CO 81647 Melton, Lennie B. 0133 Co. Rd. 263 New Castle, CO 81647 Chenoweth, Sharon 6397 Co. Rd. 214 New Castle, CO 81647 Mineral Rights Owner (1/2) Glenwood Church of the Nazarene 1007 Blake Ave. Glenwood Springs, CO 81601 • • PUBLIC NOTICE TAKE NOTICE that Steven Smilack has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located on the south side of County Road 214, approximately two (2) miles west of New Castle. Said subdivision exemption is to allow the petitioners to divide a 25.39 acre parcel into three (3) tracts of 9.11, '1.40 and 7.89 acres each in size on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 21st day of December, 1992, at the hour of 2:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County GARFIELD COUNTY • REGULATORY OFFICES AND PERSONNEL October 9, 1992 Mr. Ron Liston Land Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: Smilack Subdivision Exemption Dear Ron: Your client's application for a Subdivision Exemption, located off of County Road 214 west of New Castle, has been scheduled for a public meeting before the Board of County Commissioners on November 9, 1992, at 3:00 p.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more that 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice posters, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Dave Michaelson Planner DHM/dhm Enclosures 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE TAKE NOTICE that Steven Smilack has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located on the south side of County Road 214, approximately two (2) miles west of New Castle. Said subdivision exemption is to allow the petitioners to divide a 25.39 acre parcel into three (3) tracts of 9.11, 9.40 and 7.89 acres each in size on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between' the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 9th day of November, 1992, at the hour of 3:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • EXHIBIT A A parcel of land located in the Northeast quarter of Section 5, Township 6 South, Range 91 West of the 6th Principal Meridian, further described as follows: Beginning at a point whence the East 1/4 Corner of said Section 5 bears South 47 *01'59" East 1825.89 feet; thence South 00° 45'00" East 778.95 feet; thence South 54°45'00" West 89.87 feet; thence South 62 ° 59'57" West 662.95 feet; thence South 78 ° 45'49" West 65.77 feet; thence South 87°45'56" West 109.32 feet; thence South 31°30'18" West 69.23 feet; thence South 35°13'53" West 77.71 feet; thence South 89 ° 16'02" West 373.36 feet; thence North 00°11'45" West 747.15 feet; thence North 60°30'10" East 15.21 feet; thence North 51°53'22" East 148.25 feet; thence North 64°31'15" East 48.38 feet; thence North 66°11'49" East 84.00 feet; thence North 70 '49'17" East 48.00 feet; thence North 66°54'48" East 148.00 feet; thence North 66°55'18" East 207.00 feet; thence South 34°21'59" East 46.00 feet; thence North 66°45'07" East 169.19 feet; thence North 68°37'05" East 523.35 feet to the POINT OF BEGINNING. • • TRANSMITTAL October 6, 1992 TO: Mark Bean Garfield County Courthouse Glenwood Springs, CO FROM: Ron Liston PROJECT: SMILACK EXEMPTION TRANSMITTED BY: HAND DELIVERY CONTENTS: Revised Sketch Plan - 100 & 200 scales Revised Application Letter Well Permits Mark: land design partnership OCT 0 6 1992 ( JU,i Y Attached are three copies of the revised Sketch Plan and Application Letter. I did not include all the attachments which you already have in your posession. If that creates any difficulty for you, give me a call. The State said there was an error in the Numbering and expiration date of the original well permits and sent new permits to Steve. I have attached copies of these newly issued permits. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 9 • GARFIELD COUNTY • REGULATORY OFFICES AND PERSONNEL January 19, 1993 Mr. Ron Liston Land Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: Smilack Subdivision Exemption Application Dear Ron: On January 18, 1993, the Garfield County Board of County Commissioners conditionally approved your client's application for a Subdivision Exemption. The conditions approved by the Board of County Commissioners are as follows: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. That the applicant shall have 120 days to present a plat to the Commissioners for signature. Extensions of time may be granted if requested prior to the expiration date. 3. That easements for waterlines and access and maintenance of the proposed wells be included on the Exemption Plat. In addition, each parcel sharing a well shall receive a deeded interest in the shared well. 4. That the applicant shall submit $200 in School Impact Fees for the creation of each new lot. 5. A well sharing agreement shall be provided prior to the approval of the plat and shall be recorded in conjunction with each deed conveying well ownership. 6. A driveway permit for all lots shall be obtained from the Road and Bridge Department prior to the approval of the Exemption Plat. 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • • Mr. Ron Liston January 19, 1993 Page 2 7. Each parcel shall receive a deeded, proportional share of all irrigation rights to the Roseman Ditch. 8. Prior to approval of the Final Exemption Plat, the applicant shall demonstrate that a resolution has been reached with Richard Murr and the applicant regarding the boundary line dispute, either by agreement or court order. If necessary the Final Exemption Plat shall reflect any agreement reached between the two parties. 9. The following plat notes will appear on the Final Exemption Plat: A. Noxious weed control will be the responsibility of the property owner. B. As is typical of land in the area, some portions of these parcels may be subject to occasional localized flooding and associated drainage problems during heavy precipitation events. However, the parcels are not located within any floodplain, as defined by the Federal Emergency Management Agency (FEMA). If you have any questions, please feel free to give me a call.\ Dave Michaelson DHM/dhm • • Garfield County Road & Bridge Department P.O. Box 2254 Glenwood Springs. !::r.) 81.602 Phone: 303-945-611i Fax: 7,03_.945-09..1 FJng na L 1 ovd . Supe r v i so i Today's Dat.e: 05-10-1993 Please remit for the following per mit (s : Date of Issue 05-10-93 {'ERIN11(c.1 it: 027-93 1) Mame: SMII-ACK. STEPHEN Bond Holder: Address: 2 755 CO RD 10,'• City: r_;ARBONDAI..E 1 : CO LIP: 81623 Phone: 963-1314 ilt i 1 i I v Gut Per mi t.s-It' ,: Fr rrrn To: - Total Utility .00 Driveway Per mi tis-tt`s:. Frorn: 027-23 To. 027-9.3 Total Driveway: 15.00 Over Size Pcrmi t. s-tt''; From: To: Total Over Size: .00 Over Weight Permits-tt's: From: - To: - Total Over Weight: .00 Please Paid I Fra/Administration Charges: .00 TOTAI 15.00 ut Perr .i t. O's On Ctrecl. 2;.:3„ Yes or No) Check. t$: _- For c;,ay}\i.e1d County: • 1 Garfield County Road & Bridge Department P.O. Box 2254 Glenwood Springs, CO 81602 Phone: 303-945-6111 Fax: 303-945-0934 King Lloyd, Supervisor Please remit for the following permit(s): Name: Address: City: Phone: PERMIT(s) ft: 009-93 0 SMILACK, STEPHEN 2755 CO RD 103 CARBONDALE 963-1314 Utility Cut Permits -ft's: From: Driveway Permits -#`s: Over Size Permits -#`s: From: From: Over Weight Permits -#,s: From: ST: CO To: 0O9-93 To: To: - To: Today's Date: 03-29-1993 Date of Issue 03-29-93 Bond Holder: ZIP: 81623 - Total Utility 009-93 Total Driveway: - Total Over Size: Total Over Weight: Fax/Administraion Ohara s: TOTAL DUE -� - Please Put Remit ft's On Check Paid ? (Yes or No)_ Check #: 15.00 '0O 'O0 111 ' ' ��0��' For ' ' '�a�1"ieId Co 9 `aaa.M::++�.`.ia,ni:i:+�w: w..::i••.in*�Lt:4Tia' >G'v�ha'."`.t;liA;iAii A 2755 103 ROAD CARBONDALE, COLORADO 81623 MARCH 31, 1998 GARFIELD COUNTY COMMISSIONERS 109 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 DEAR COMMISSIONERS: PR 0 2, 199 (f Lj! cluoey I AM MAKING APPLICATION TO AMEND THE SMILACK EXEMPTION PLAT FILED JULY 8, 1993. THE WELL LOCATION HAD TO BE CHANGED TO THE SOUTHEAST CORNER (SEE XEROX COPY HIGHLIGHTED IN BLUE), AND THE WATER SUPPLY LINE EASEMENT WILL FOLLOW THE SOUTH FENCE LINE TO THE WEST BOUNDARY LINE OF LOT A AND WILL BE 15 FEET IN WIDTH. A DEDICATED ACCESS EASEMENT TO THE WATER LINE EASEMENT AND COMMON WELL WILL BE ALONG THE WEST SIDE OF THE COMMON BOUNDARY BETWEEN LOTS A AND B. ADDITIONALLY IT MAY BE NOTED THAT ONLY THIS ONE WELL ON LOT C WILL SERVE ALL THREE LOTS. THE WELL IS SUPPORTED BY FOUR ACRE FEET OF WATER FROM THE WEST DIVIDE CONSERVANCY DISTRICT AND SUPPLIES TWENTY-FIVE GALLONS PER MINUTE. THE COMMON ROAD ACCESS FOR LOTS A AND B WAS LOCATED BY THE LAND USE PLANNER, MR. LISTON, ON A TELEPHONE POLE AND WILL BE RELOCATED TO THE WEST OF THE PRESENT EASEMENT. LASTLY, THE EXISTING ROAD ACCESS FOR LOT C WAS LOCATED ON LOT B BY THE LAND USE PLANNER, AND A DEDICATED EASEMENT TO LOT C MUST BE MADE ON LOT B FOR THIS ACCESS. APPARENTLY MR. LISTON DID NOT VISIT THE SITE WHEN HE CREATED THE LOT LINES. I HAVE RETAINED SOPRIS ENGINEERING IN CARBONDALE TO PERFORM THE SURVEYING WORK. THEY WILL HAVE A FINISHED SURVEY TO BE SUBMITTED BY THE 10TH OF APRIL. HOW DOES THIS FIT INTO THE COMMISSIONERS' SCHEDULE? PLEASE LET ME KNOW AT YOUR EARLIEST CONVENIENCE ---I KNOW HOW BUSY YOU ARE, ESPECIALLY AT THIS TIME OF YEAR!! THANK YOU FOR YOUR HELP AND OVERSIGHT. r\ 1°' N 68°37'05"E, 73. O - 0� a to zlJ ,g6'8LL 'M„OO,S6000 N O Proposed well —J ,017'3b8 'M„OO,g17,00N +1 �� y \\ tn a N 0 0) S 54°45'00'4, 89. '&1 \\ \ m u \ FI L J \ff \ \ Q Li u \ y EY0 \ _U s � o d \ c. N cp M\\� N •• 3 In o a co N D \\ N CO ij \// W :\ cm OI cc;d p co O y \ ` 0) o E Q il '\\ \oi io In , 3 O �/% o t.co Al// Po h // U (n 1l'j /moi g ” / / 3 0 M 0 ,Ob Z N 51°53'22"E, 148.25' N O 0 0 O to 9 107 10,01 .(1ialsaM , L£ 'L09 M„OO,gb e00 N O —J 8.43 Ac. .69 •689 ' (punod) M„zg,10.00 N (paooea) M„90,11000 N X 7 f 2 x M j N W 9.1 wito Q ‘s, Q w� O Y R O 0 0m a U POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENAS: That EDIT} SMILACK 290 EAST SOUTH STREET WORTHINGTON OHIO PRANKITIT (KANE) 43085 of County of , and State of OHIO made, consti- appointed, and b7 these presents do make, cans4tute and appoint....ST.EPULN. .A... SKILLCK County Road Carbondale Colorado , 81 623 of tuted and 2755 County of and lawful 214 Ga rfield , and State of Co] orado true Attorney forREAL ESTATE and in name, place and stead to SILT COLCRALO 81 65 2 giVing and granting unto said Attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as might or could do if personally present, with full power of substitution and revocation; hereby ratifying all that said Attorney shall lawfully do, or cause to be done, by virtue hereof. *This power of attorney shall not be affected by disability of the principal. IN WITNESS WHEREOF, ha hereunto set hand this ay of i Fcii—e 29 o Z--- 22 24) cA. ( A .19 Signe and Acknowledged in Pre ce of The State of Ohio, V County, sz. BE IT REMEMBERED, That on thisc:7,7 fr`- day of before me, a Notary Public in and for said County, perAonally came theab ve named ‘it >mi r kyo 1 OF *Delete if not applicable. 19 9E, who acknowledged the signing of the foregoing instrument, to (.9 volun- REBECCA SUE det.4act and deed, for the uses and pyrp' ses therein. mentioned. NOTARY PUBUC,STATE OFAil N TESTIMONY WHEREOF, I/ ha 'e hereun4 s2lbscrit_ed and incoassoNapasowlf663my official seal, on the day izd ear last af resaid. elite(.72.4u. Notary Public POWER OF ATTORNEY From EDITH S ILA.CK (KANE) 290 E. SOUTH STREET WORiTHINGTON OHIO 43085 To Steve Smilack 275 5 Route 103 Car bondale Colora do 816 23 Received 19 At o'clock M. Recorded 19 In County Record, of Vol Page Recorder Recorder's Fee $ t 2755 103 ROAD CARBONDALE, COLORADO 81623 4/25/98 MR. MARK BEAN GARFIELD COUNTY COURT HOUSE GLENWOOOD SPRINGS, COLORADO 81601 DEAR MR. BEAN: WE ARE MOVING FORWARD WITH OUR AMENDED PLAT. BAD WEATHER HAMPERED THE SCHEDULED SURVEY WORK AND HAS PLACED US BEHIND SCHEDULE. THERE IS ONE MAJOR CHANGE IN THE APPLICATION PROCESS WHICH IS BEING DRIVEN BY THE SCHEDULE OF THE BUYER FOR LOT A OF THE EXEMPTION. WE ARE CLOSING ON LOT A WITH LARRY AND JUDY MAULDIN OF NEW CASTLE ON MONDAY, APRIL 27, 1998. WE HAVE ALREADY INSTALLED THE WATER LINES ALONG THE DEDICATED EASEMENT, AND HE IS IN THE PROCESS OF INSTALLING HIS DRIVEWAY AND DIGGING TEST HOLES FOR HIS SEPTIC SYSTEM. CONSEQUENTLY, BOTH THE MAULDINS AND MYSELF ARE MAKING THE REQUEST TO AMEND THE PLAT. THERE IS AN ADDITIONAL SIGNATURE BLOCK ON THE PLAT FOR THEIR SIGNATURES. WE ARE CLOSING BASED UPON THE ORIGINAL PLAT WITH THE STIPULAITON THAT THE MAULDINS HAVE SEEN THIS NEW AMENDED PLAT IN BLUE LINE FORM AND HAVE CONTRACTUALLY AGREED TO ALL OF THE PROPOSED CHANGES. THE MAULDINS AND THE SMILACKS WILL SIGN THE AMENDED PLAT WHEN FINAL APPROVAL IS GIVEN BY THE COMMISSIONERS. THANK YOU FOR YOUR HELP AND COOOPERATION IN THIS PROCESS. -/;/-)> LA Y MAULDIN 4now i11B1rn1igt1s 1Fi$rnts That I, Edith Smilack Kane have made, constituted and appointed, and by al;IVst 4Ireorntn do make, constitute and appoint Stephen A Smilack true and lawful attorney for Edith Smilack Kaneand in name, place and stead, to POWER OF ATTORNEY TO STEPHEN A. SMILACK FOR REQUIRED PAPERS FOR EXEMPTION FORM -SUBDIVISION. PARCEL is bound on the North by Cty Rd 214 on south by Ware & Hines Ditch, by West Line of S. W. Quarter, n. E. Quarter of Section 5. giving and granting unto54 R CI"4,-(0said attorney full power and authority to do and perform all and every a or thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that A f t said attorney , or substitute , shall lawfully do or cause to be done by virtue thereof. At Until r111rrr�of;ay of hundred and (? flit 1reenre of r>, c hCiel f. (v ' f e& 17 't itr of Oluci) lIoItnt}Z ot�..fj(u:)LCC.)k-, to 1, YV4. of k On this Or J\) 1, e ha hereunto set hand and seal the , in the year One thousand nine Fx • day of / " 1a-- — Nineteen Hundred and before me, the s bscriber, personally appeared to me personally known, and known to me to be the same person described in and who executed the foregoing Power of Attorney, and he\ \ acknowledged to that he executed the same J (�C CCS tAJ REBECCA SUE McFALL NOTARY PUBLIC �ST ATE OF 01-110 —tett++ Ex • • '1 COMMUNITY CORRECTIONS BOARD APPOINTMENT 2 Commissioner Smith made a motion that Marica Hadenfeldt be appointed to 3 the Community Corrections Board. Commissioner Mackley seconded the 4 motion; carried. 5 HUMAN SERVICES AND LIBRARY BOARD VACANCIES 6 Chuck was directed to advertise again for the Human Services Board and 7 Library Board vacancies. 8 OTHER COUNTY BOARD VACANCIES 9 Chuck discussed vacancies on the Fair Board, the Undesirable Plant 10 Board and the Housing Authority. It was decided that the County will 11 wait until later to advertise for the Fair Board but will continue to 12 try to fill the vacancies on the Housing Authority and the Undesirable 13 Plant Board. 14 COMPUTERIZATION PROJECT 15 Chuck discussed this project and said it was pretty much complete. He 16 will check with the Department of Transportation about the possibility 17 of a free modem and software regarding County Link. 18 MAZUCHI PROPERTY 19 Commissioner Mackley discussed the need to look at this property and 20 see if the County is interested in it. 21 STATE HIGHWAY PROPERTY - FAIRGROUNDS 22 Chuck reported that the State is currently appraising the property in 23 Rifle near the Fairgrounds and will be marketing the property in 30 - 24 45 days. hg�13 25 PUBLIC MEETING FOR A SUBDIVISION EXEMPTION REQUEST; LOCATED ON THE 26 SOUTH SIDE OF CO RD 214, APPROXIMATELY TWO MILES WEST OF NEW CASTLE. 27 APPLICANT: STEVEN SMILACK 28 Assistant County Attorney Steve Zwick questioned Ron Liston, appearing 29 for the applicant, regarding the notices sent to the adjacent property 30 owners. Ron stated that they received 13 of the 16 return receipts 31 back and that the property was posted the same day as the notices were 32 mailed. Steve said that everything was in order and the Board was 33 entitled to proceed. Someone from the audience asked if Daun and 34 Lillian Hill were notified. Steve stated that the return receipt for 35 them was received. 36 Dave Michaelson of the Planning Department stated that Exhibit "A" - 37 Return Receipts, Exhibit "B" - Application, Exhibit "C" - Staff Report 38 and Exhibit "D" - Well Permits needed to be entered into the record. 39 Chairman Arbaney entered Exhibits "A" through "D" into the record. 40 Dave explained that this was a 25.39 acre parcel that the applicant 41 wished to divide into three parcels of 9.11, 8.40 and 7.89 acres. Dave 42 stated that after extensive research by himself and Ron Liston, this 43 property is entitled to three splits. All of the other splits preceded 44 zoning. All of the lots would access off CO RD 214 and the applicants 45 have agreed to limit access to only two points with lots A and B 46 sharing a common access easement. The lots will be served by two wells 47 with one well being shared by two lots. Well permits have been issued 48 by the State of Colorado with water rights for these wells provided by 49 a contract with the West Divide Water Conservancy District. Irrigation 50 water is provided by shares in the Roseman Ditch Company. Sewage 51 disposal would be ISDS. The Silt - New Castle Fire Protection District 52 indicated that the proposal would not create any problems in regard to 53 fire protection. 54 Dave discussed two letters received from adjacent property owners. 55 Charles and Scherry Simonson have concerns regarding the conversion of 56 the property from its historical agricultural use. Mr. Richard Murr 57 wrote expressing his concerns regarding the property line on the west 58 side of the proposed exemption. 59 Dave stated that the Staff recommended approval with the following 60 conditions: 61 1. That all representations of the applicant, either within the 62 application or stated at the meeting before the Board of County 63 Commissioners, shall be considered conditions of approval. Page 6 • • 1 2. That the applicant shall have 120 days to present a plat to the 2 Commissioners for signature. Extensions of time may be granted if 3 requested prior to the expiration date. 4 3. That easements for waterlines and for access and maintenance of the 5 proposed wells be included on the Exemption Plat. In addition, 6 each parcel shall receive a deeded interest in the well(s). 7 4 That the applicant submit $200 in School Impact Fees for the 8 creation of each new lot. 9 5. A well sharing agreement shall be provided prior to the approval of 10 the plat and shall be recorded in conjunction with each deed 11 conveying well ownership. 12 6. A driveway permit for all lots shall be obtained from the Road and 13 Bridge Department prior to the approval of the Exemption Plat. 14 7. Each parcel shall receive a deed, proportional share of all 15 irrigation rights to the Roseman Ditch. 16 8. Prior to the approval of a Final Exemption Plat, the applicant 17 shall demonstrate that an agreement has been reached between 18 Richard Murr and the applicant regarding the boundary line 19 dispute. If necessary, the Final Exemption Plat shall reflect any 20 agreement reached between the two parties. 21 Dave Gibbens, an adjacent property owner, stated that he was led to 22 believe the form he signed for a well permit was to replace an existing 23 well and the property was going to be used as a truck farm. He stated 24 that he did not realize there was going to be a housing project. 25 Ron Liston stated that the original well, whether it is moved or was in 26 its original location, would not affect its ability to serve multiple 27 households. 28 Steve Smilack explained that there was an error on the original well 29 permits so they were issued again. 30 Joe Dice stated that he no longer owned property in the area but he was 31 involved with the Roseman Ditch. He expressed concerns regarding the 32 use of the water and how it was going to be used. Steve stated that 33 this could be discussed at the Roseman Ditch meeting. Joe wanted to 34 know how many wells the County would let him drill trying to find 35 water. Chairman Arbaney explained that the County does not have any 36 control over this; the State Division of Water Resources controls 37 this. Robert Klenda, an adjacent land owner, explained about the well 38 permits. Dave stated that if the State gives you a well permit, that 39 satisfies the County's requirements. Dave explained that a building 40 permit could not be issued until water is available. Joe Dice 41 expressed concerns about the small parcels that people live on and do 42 not maintain the property and allow weeds to grow on them. He 43 expressed concerns about finding enough water in the wells for three 44 homes. Steve stated that they raised over 90 tons of hay on the land 45 this past year. 46 There was discussion about the designation by the SCS of the property 47 as "Irrigated Lands (Not Prime). 48 Ron explained that the designated County Road easement would be 49 dedicated to the County as a right of way with the Exemption Plat. Ron 50 explained that the 20' stretch that belongs to Richard Murr is not 51 included on the sketch plan of the plat. It is just a matter of 52 cleaning up the paper work. 53 Norm Rung, an adjacent land owner, expressed his opposition stating 54 that at first Steve Smilack was going to use the property for some 55 farming and later build a home; then later he was going to subdivide 56 the land to provide a site for each of his children and now he wants to 57 subdivide the land and build houses for potential rental income. He 58 stated that he wanted the neighbors to be owners, not renters. 59 Robert Klenda stated that he was on the North side of 214 Road and that 60 one of the headgates for this property is located on his property and 61 he would like it written into the exemption that there would only be 62 one designated person to operate the headgate. He also requested that 63 if anything should happen to the headgate where it needs repair, that 64 it be relocated at that time and he would give another easement for Page 7 • • 1 it. If there should be more than two houses there, he requested that 2 it be piped at another location. Steve stated that this would have to 3 have the approval of the Roseman Ditch Company and he would be willing 4 to do this if Robert would help pay for it. Robert discussed that 5 there are some times that there is potential for flood from summer 6 rains, etc. Dave explained that there can only be a single family 7 residence there but there is no problem with renting them out as far as 8 the zoning is concerned. Steve could not do truck farming there 9 without a zoning change. 10 Richard Murr asked if the boundary line settlement would be completed. 11 Chairman Arbaney explained that this had to be done before the final 12 Exemption Plat. Chairman Arbaney reiterated that Steve would only be 13 capable of building three single-family homes. Commissioner Smith 14 stated that there are only two well permits for three residences. Dave 15 explained that guest houses can only be used by members of the family 16 and cannot be rented out. Richard explained that there is no access to 17 the Ware and Hines Ditch. It was agreed that there is land between the 18 fence and the ditch. Dave explained that the County has no 19 jurisdiction over the location, the number or the relationship between 20 other wells. This is all through the Colorado Division of Water 21 Resources. Dave stated that a leach field would have to be 50' away 22 from the ditch and 100' from any wells according to a table from the 23 Department of Health. Dave and Ron assured Mr. Murr that they had 24 tracked all the records and this split is allowed. 25 Tom Laidlaw expressed his concerns about weed control because a lot of 26 people try to grow things organically and try to do away with the use 27 of chemicals. Chairman Arbaney stated that there was a 1991 Weed Law 28 and the County will start effectively putting it into force this year. 29 The State Weed Law designates four noxious weeds, the two thistles, 30 Russian Knapweed and Leafy Spurge and the County has 12 additional 31 ones. 32 Commissioner Mackley asked about the general size of the lots in the 33 area. Dave showed on the map that there were some 2 -acre lots and a 34 3 -acre parcel with most of the lots being similar in size to those 35 requested by Steve Smilack. 36 Merry Dice questioned why have two parcels share one well and discussed 37 the problems concerned with sharing a well. Chairman Arbaney explained 38 that the State Division of Water Resources makes all these decisions. 39 Dave Gibbens said that there is flood drainage across this property. 40 Dave Michaelson explained that he reviews the property for flood plain 41 as defined by FEMA. After Dave Gibbens explained the problems that 42 have occurred in the past and expressed his concern, Dave Michaelson 43 stated that it could be handled by a plat note that would allow a 44 potential property owner to know that the hazards exist. 45 46 47 The Commissioners explained again that the Colorado Division of Water Resources is the only one that has control over the wells. Dave explained the corrections to the conditions: 48 The Plat note (a.) would read: Some areas within these parcels are 49 susceptible to localized flooding and associated drainage problems. 50 8. Prior to the approval of a Final Exemption Plat, the applicants 51 shall demonstrate that the issue has been resolved either by 52 agreement between the parties or by appropriate court order. 53 Plat note (b.) would read: Noxious weed control will be the 54 responsibility of the property owner. 55 7. Ware and Hines Ditch should be changed to the Roseman Ditch. 56 Commissioner Mackley made a motion that the Board approve an exemption 57 from the definition of a subdivision for Steven Smilack for the 58 location as described on the staff information packet and that the 59 major issues and concerns, suggested findings and recommendations of 60 approval be included in this motion with the additions and the Page 8 411 i' corrections as discussed be included in this motion. Commissioner 2 Smith seconded the motion; carried. 3 PAYABLE CLAIMS 4 After discussion with Chuck regarding the bills, Commissioner Mackley 5 made a motion that the bills for the second run of December be approved 6 and the Chairman be authorized to sign the resolution. Commissioner 7 Smith seconded the motion; carried. 8 LOYAL ORDER OF MOOSE LODGE NO 1345 LIQUOR LICENSE RENEWAL 9 Mildred Alsdorf advised the Board that there have been no problems. 10 Commissioner Smith made a motion that the Chairman be authorized to 11 sign Club liquor license renewal for the Loyal Order of Moose Lodge No 12 1345. Commissioner Mackley seconded the motion. 13 MINUTES OF 12/21/92 14 Commissioner Smith made a motion that the minutes of 12/21/92 be 15 approved with the following corrections: Page 2 line 23 "are" should 16 be changed to "is"; page 4 lines 59 and 61 "4W Drive" should be changed 17 to "tandem drive"; page 5 lines 2 and 3 "Truelove" should be changed to 18 "Trueblood", page 7 lines 1 and 3 "U.S. Soil Conservation" should be 19 changed to "U.S. Soil Conservation Service" with Conservation 20 capitalized on line 3 and line 61 "Kinsell" should be corrected to 21 "Kintzle". Commissioner Mackley seconded the motion; carried. 22 LEASES FOR TAUGENBAUGH BUILDING 23 Commissioner Smith made a motion that the Chairman be authorized to 24 sign leases with Colorado West Regional Mental Health, Mountain Valley 25 Developmental Services, Garfield Youth Services and Garfield Department 26 of Social Services for offices in the Taugenbaugh Building in Rifle. 27 Commissioner Mackley seconded the motion; carried. 28 LEASE FOR LIFT -UP BUILDING IN RIFLE 29 Commissioner Smith made a motion that the Chairman be authorized to 30 sign a lease with Lift -Up for the Lift -Up Building in Rifle. 31 Commissioner Mackley seconded the motion; carried. 32 MONTHLY VETERANS SERVICE OFFICER REPORT 33 Commissioner Smith made a motion that the Chairman be authorized to 34 sign the monthly Veterans Service Officer Report. Commissioner Mackley 35 seconded the motion; carried. 36 Commissioner Smith made a motion that the meeting be adjourned until 37 January 26, 1993 at 12:00 Noon. Commissioner Mackley seconded the 38 motion; carried. Page 9 411 410 1 told Basalt Construction that there could not be any additional items 2 to the contract; that their proposal has to stand as it is. If there 3 is a change, it will be necessary to go back to the Commissioners with 4 it. The pier in the middle will be removed and it has the same facing 5 material on it that the abutments do. King suggested to Basalt 6 Construction and their engineers signed off on it; that there is no 7 need for the rip rap and they could salvage the metal off the middle 8 pier, cut those to go in between the driven piles that are there to 9 protect the area that the County is concerned about. King said Basalt 10 Construction has given the County a proposal that would delete one item 11 from their existing contract and address the additional concerns about 12 the rusted material being in there. King said they now had everything 13 worked out. Bob Pattillo had talked to them about putting the metal in 14 place and taking a piece of angle and put it in the webbing of the tees 15 so that one leg of the angle iron would be holding it flush. They 16 would weld it until they got down to water line. Bob Pattillo wanted 17 to see a shop drawing first as spot welding would not be strong 18 enough. The metal in the abutments is 3/16" thick. 19 After further discussion with King, he was instructed to tell Pattillo 20 and Associates of the Commissioners' concerns. King indicated that the 21 bond was put up by Basalt Construction and the stamp on the drawings 22 that takes the responsibility for the integrity of the design is 23 Merrick. King requested that the Notice of Award be served to Basalt 24 Construction so that they can meet their deadline and get Merrick 25 started on the development of construction drawings. King stated that 26 the structure had to be under substantial completion by the end of 27 April and paving to be done by the end of June. 28 After discussion with King and Don DeFord, King will contact all the 29 bidders and ask them to hold their bids open for a longer period and 30 advise Basalt Construction that there is additional information 31 needed. King will meet with Pattillo and Associates after the 32 holidays. 33 PUBLIC HEARING FOR A SUBDIVISION EXEMPTION REQUEST; LOCATED ON THE 34 SOUTH SIDE OF CO RD 214; APPROXIMATELY TWO (2) MILES WEST OF NEW 35 CASTLE. APPLICANT: STEVEN SMILACK 36 This hearing was cancelled because of improper noticing. Dave 37 Michaelson stated that there are three problems with this request: 38 1. There is an additional error in noticing. 2. There appears to be 39 an unsettled boundary line dispute. 3. With the information available 40 now, this is not eligible for an SB35 because it has already been split 41 4 times. Dave stated that he is meeting with Ron Liston at 2:00 P.M. 42 today requesting him to provide proof that this property is eligible in 43 order for the application to be processed. Dave stated he did not know 44 if or when it will be submitted. 45 Joe Dice expressed his concerns about the splitting of prime farm 46 land. There was discussion about the need to address this problem with 47 the comprehensive plan. 48 G.A. WESTERN NOTICE TO PROCEED 49 Commissioner Smith made a motion that the Chairman Pro Tem be 50 authorized to sign the Notice to Proceed for G.A. Western for the Logan 51 Wash Bridge No. 204-02.4. Chairman Pro Tem Arbaney stepped down as 52 Chairman and seconded the motion; carried. 53 STATE BUDGET SHEETS FOR SOCIAL SERVICES 54 Colette Barksdale, Social Services' Accountant, presented State Budget 55 sheets to be signed since the mill levy had been set. Commissioner 56 Smith made a motion that the Chairman Pro Tem be authorized to sign the 57 budget for the Garfield County Department of Social Services for the 58 fiscal year 1993. Chairman Pro Tem Arbaney stepped down as Chairman 59 and seconded the motion; carried. 60 BOARD OF SOCIAL SERVICES 61 Commissioner Smith made a motion that the Board go into the Board of 62 Social Services. Chairman Pro Tem Arbaney stepped down as Chairman and 63 seconded the motion; carried. Commissioner Smith made a motion that 64 the Board of Social Services adjourn and reconvene as the Board of 65 County Commissioners. Chairman Pro Tem Arbaney stepped down as 66 Chairman and seconded the motion; carried. Page 6