Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 01.18.1993• 1 BOCC 1/18/93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Steven Smilack LOCATION: A parcel of land located in the NE 1/4 of Section 5, T6S, R91W of 6th P.M.; Located on the south side of County Road 214, approximately two (2) miles west of New Castle. SITE DATA: The site consists of 25.39 acres. WATER: Proposed wells SEWER: Proposed I.S.D.S ACCESS: Direct access from County Road 214 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District C - Rural Areas - Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site slopes gently to the south, and is currently in irrigated agricultural production. No dwelling units or structures exist on the property (see vicinity map on page - /- ).The applicants cover letter is attached on pagesoN3. Adjacent land uses include irrigated agricultural land and single family residential (see land use map on page -4) B. Project Description: The applicant is requesting an exemption to split the subject property into three (3) separate parcels of 9.11, 8.40 and 7.89 acres in size. Lots A and B include an easement, proposed for dedication, for the extension of County Road 214. A sketch plan included with the application is attached on page - S- . 1 C. Background: The Gamba Exemption Plat, approved by Resolution 85-198, 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 parcel is the result of 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. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or naturalfeature, preventing joint use ofthe proposed tracts, and the division occurs along the public right-of-way ornatural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; The subject parcel was created by the Gamba Exemption approved in 1987, due to the bisection of the parcel by a County road. The Gamba Exemption created three parcels of 25.391, 11.175, and 35+ acres in size. The 25.391 acre parcel is subject to this exemption request. Since the 25.391 acre parcel was divided by the roadway, a maximum of 3 additional lots can be created through the exemption process. Concern has been raised regarding the past history of the parent parcel in 1973. County staff, in cooperation with the applicant's consultant, researched the records of both the Clerk and Recorder's Office and the Assessor's Office. This research concluded that the application is consistent with the Exemption regulations in terms of eligibility for the requested exemption. B. Zoning. All of the parcels created far surpass the two (2) acre lot minimum for the A/R/RD zone district. Each parcel also has at least 400 feet of frontage on County Road 214. C. Legal Access. All three of the proposed parcels will take access off of County Road 214. To limit the impact of multiple driveways on the county road, the applicants have agreed to limit access to only two points, with lots A and B sharing a common access easement. D. Water and Sewer. Domestic water will be served by two wells, with one well being shared by two lots. Water rights for these wells are provided by a contract with the West Divide Water Conservation District. Well permits have recently been issued by the State of Colorado, and copies of the permits are attached on pages 6- /0. A copy of an 11-14-90 Water Allotment Contract from the West Divide Water Conservancy District is attached on pages / / — /3 . 2 • • wIrrigation water is provided by shares in thes n- s om which parallels the southern property line of lots B and C. Sewage disposal for these parcels is proposed I. S. D. S. The Soil Conservation Service for the Rifle Area classifies the soils on the site to include the Olney Soils Series. This series are described as having only "moderate" limitations for residential uses and septic tank absorption fields. This designation includes limitations that can be addressed by proper design. E. State and Local Health Standards. No State or Local health standards are applicable to the application. F. Drainage. No drainage easements are necessary due to the relative flat profile of the proposed lots. G. Fire Protection. The Silt - New Castle Fire Protection District has reviewed the proposed exemption, and does not believe that the proposal would create any problems in regards to fire protection. A copy of Kieth Crandell's letter dated March 9, 1991 is attached on page - . H. Easements. The sketch plan submitted with the application includes an easement for County Road 214 through lots A and B. In addition, a shared access easement is provided for lots A and B. No easements are indicated for utilities on the sketch plan. I. School Impact Fees. The additional lots are subject to the required $200.00 per lot school impact fee. J. Prime Agricultural Land. Planning Staff referenced the Prime Agricultural Land mapping developed by the Soil Conservation Service. The exemption is defined by the SCS as "Irrigated Lands (Not Prime)". This designation represents irrigated lands which for one or more reasons do not meet the requirements of Prime Farmland. However, lands in this category are considered important to the agricultural economy of Colorado (see Important Farmlands map on page K. Adjacent Property Owners. Two (2) letters were received from adjacent land owners. Charles and Scherry Simonson have concerns regarding the conversion of the property from its historical agricultural use. A copy of Mr. and Mrs. Simonson's November 5, 1993 letter is attached on page /6 Mr. Richard Murr, also an adjacent property owner, has concerns regarding the property line on the west side of the proposed exemption. Apparently, the applicant and Mr. Murr dispute a portion of property that Mr. Murr claims has been deeded to him. In Mr. Murr's opinion, the applicant should grant a quit claim deed, and this should be reflected on the proposed exemption plat. Planning Staff alerted the applicant's consultant to this issue, and recommended resolution prior to the meeting before the Board. At the time of this writing, no progress has been made in this regard. A copy of Mr. Murr's December 11, 1992 letter is attached on page 3 • IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL of the application, subject to the following conditions: 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 for access and maintenance of the proposed wells be included on the Exemption Plat. In addition, each parcel shall receive a deeded interest in the well(s). 4. That the applicant 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. 7. Each parcel shall receive a deeded, proportional share of all irrigation rights to the . 8. Prior to the approval of a Final Exemption Plat, the applicant shall demonstrate that an agreement has been reached between Richard Murr and the applicant regarding the boundary line disput- If necessary, the Final Exemption Plat shall reflect any agreement re. - d between the two parties. C( E ('f NES 13Y mAtteemEPti og coves i o tzpe z.. q. -THAT ?c F'^'PL E EMPTIov P(.oT wU. 1-q_u.q Para► i o� Lg. ZIP{ E P Sat_�TtJ✓ 514cR,�E ct WEA eukte SES — - ESE WEAR K. ML eo� 4 RT a%c�5 JEt, CO DL 1(-L P2,n Pa'eOPI 14tuTY IPL::: - LAT 14.01E S�M� tearz€AssuQc_eo-4-11:1-cv_Teose-- °cc,A,„ %��p�� o'�,o , L ocit•pLzEb Fl..3as-y ptv(, AN p As►7Ep btt; P� Lo / — ; •-c • t j • _ •-• . _ _ \ , c )7 , --7±-... • \ .:"-', . ,: .\,, -:.-7 ...__\,..„2"- tr); - ,'• ,--,k..c(52(.6.)',„,-2 t. c ‘.., 1..!!!!:•`.:' (---ri ‘.-- ' .-.-:, • - (5) - (71-1 1 I \ •-,-,_'''• ( ▪ 4 A :/- I:* --', A--,,--,• --. -2...... \ ..„?..., --,,---... •--.,--. z r.C--=--;:,'.--,•--i_-_ ' ....f./1 l/ ''--. j _7;, ).)!!,\\ 3,41 ,,!!:!, ,:r t,....C7' .., „,.., ..--!'' .?!,.! ' : •. ". !...., . '!,!,! ....„.!.........-•_, ...__:..-7!" S!!!!„......! .......... ,,, .,,' ' C`, - — , .7„,,L,,...____:, ,,,,jy(i.„,:,., __------ .,...sdsd.,./:,,,-;_-•;-...;,----z-..- ",,,,,:-..-.-T'' '.' ...,.--,,,,,,,,, ..,..c• / ..,----1-..."--_-- ..\ . ;/ -... .„ :- „- .,... --r--4 4 .• -, II :„.7-....,...; ,--.:),,\- ...._......., •-•-..._. \ ____ \ ...... \ j d t -_ • /-- •-, , Cl.\1 ..'1\ki LIC_/,' -'-'3!,,C: -:-.2 -7-:-.., I •--,:`:,:,,,,,,_ -----4 ',) 2,-,\ ;;-'04,S.„_--2%;"1" i\./ SMILACK EXEMPTION • ,-;":,••(,/,2 ‘-.-.1._.;Aw . , -,,,-„...,\,,\._:-__._._:,.L..,--„-ed,„.,1_, ---- -,_, -.L.)----.I...,,,,k) 7 •.;•:_,) ... 1 0 111 . • •• • • ••.I • • ! ci :•-•\; • , . .-.........-!-1----- -_,-,----=----" ...."---" ' . .•, .-,,,._ ______-6.1. / -- To Rifle \--, •..,--?- -. - ----d, ffr--- • - :r - . 9 : • ,, ii • il 4 0 560 0 ! • • • - -----• • '..24 ... 4 0 1, 4,- -,..-_ •,/, ;,, . i • • ; • -4- '._ . .,_.---• RIO GR t419--• *.„ ...... •-".• C ( ' — Ca cji" b ._. SMILACK EXEMPTION Vicinity Map New Castle • . • • 055o To Glenwood Springs ..... - Scale: 1"=2000' October 6, 1992 w 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 2-H(S-F) 4� 1 2179-011-00-496 8dy (9-5-D 1— 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' N 66'11'49" E 84.00 N 64'31'15" E 48.38 4 -51b:5 .3 v� 5 3421'59" E 46.06' ti 5'0' 55 • E"169 �9 SEMS p1.Oe�jti 21a CSN -C:° Tr EAST I/4 CORNER OF SECTION 5. TMS, R91 W OF 6TH PRINCIPAL MERIDIAN ND ACCESS EASEMENT LOTO 7.89 ACRES *ill 60'30'10" E 15.21' LOT A 9.11 ACRES w1H NOAO EASINIXT 8.59 ACRES wT OUT P T 456.76' 5 89'16'02" W 373.36' LOT B 8.40 ACRES .m row EASE BTT 8.20 ACRES feglT ROM EAMT 420.58' u PROPOSED WELL LOCATIONS 109.32' 5 78'45'49* W 65.77' S 31'30'18' W 69.23' S 36'13'5.1 W 77.71' SCALE 1 200' 9/8/92 REVISED 9/30/92 LAND DESIGN PARTNERSHIP 918 Cooper A . Glenwood Spring., CO 81801 303-945-2246 SKETCH PLAN SILACK EXEMPTION PARCEL 2 OF THE HUMBERT GAMBA EXEMPTION 25.391 ACRES Contract I D//o6"- SES Map ID t Date Activated //-/s'- 90 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 oliticalapplies subdivisionWest of theDivide StateWater of Conservancy District, a p 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 diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be 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 by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or 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, andhe ability bi i y of the erit District allot direct flow rights to the App Y dependenton the 'consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires loss 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 reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Uae and Location of Beneficial Uses Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States eseandlathe l useWest Divide y enWater ter Conservancy District). Applicant's water allotted shall be within or'through facilities or upon land owned, leased, operated, pr under Applicant's control. 4. Decrees and Deliveryl 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 the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- Illidiversion said other sources, and release SelivetY 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 available to District shall be subject to the contracts, laws, rules, and regulations governing releases 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 in the future, so long as the water service to the Applicant pt to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or us drove Applt cane by the end of each water year , shall water supplies of the District. st ch r verors onch wha�eC•not t entitle Applicant, to any refund of pay Water service provided by the District shall be limited to the amount of water available inpriority tatr tthe ehoriginal point of diversion of the District's applicable r the District, nor those 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 Diotictthatr rmay 1bedavailable mayecrees, call anlalternate on any apoint ofl diversion, (thougsources of h 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. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of d (version of the 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 Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate o s tfacili facilities t of fon as or landscontemplated aor necessary to serve Applicant nt 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 at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual 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 of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation tion plan to o utilize the water allotted hereunder, Applicant obligated 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 the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof.' 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors ttcfrom time onsiderationobytime, the Die ricte submitted withh this application for -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 duo. Said notice will advise the Applicant, among other things, of.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 Applicant's 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 under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may he tranaferred, 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 payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a 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 otherwiae 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 rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent auccessors to a portion of Applicant's property from applying to the District for 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 and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all 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- 4111 ag determines in its sole discretion h t sechll annot rbemeflt 1s ed required. Said agreement may nor to, provisions for additional annualrvicesary co side at in for extension of District delivery or for costs tathe ,Di8trictowhichdmaysareisece through;servicesomade costs toApplicant. available to the App 11. Change of Use; The District reservesrosthe cxclu iie right to review, reapprove or disapprove any other than that set use of the water allotted hereunder. Any forth herein or any lease or sale of the water or eof ghats allotted hereunder without the prior written approval the District shall be deemed to be a material breach of this contract. 12. Use and Place of Uses 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 is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement p by Applicant. Any use other than as set forth thereon than as or any lease or permittedsinepof the wtr or aragrapha8eabove,eashall rights deemedherein, to beother material p breach of this agreement. 13. Titles It is understood and cantagreed y that equitablenothing or herein shal be-iterpreteto legal feel titles int rest in orietoh any Applicant or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservat on practices witthrresp ct be houndto the ate and water rights herein, adoptedhereby aghereafterafter by the District for use of conservation plan snap District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless restrictions vers are shallappbee deemed to to ibe aarmaterial Violation o breach of this agreement. Annual Maximum Diversion Use 1/3 acre foot 1 — 3 acre feet 1 acre foot/100 head 2 — 3 acre feet/acre Household Doma tic (includes lawn) Livestock (cattle) Irrigation 16. Well Permit: If Applicant intends to divert through a s validewell ppecnt rmitmust provide to before Districtiisrobligated to of to Applicant's any water hereunder. 17. Ra reeentations: By executing this agreement, Applicant agrees t at ne Is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from hie own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties,avor assurances nhatsoever about the quantity or quality of wthis , agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. Applicant's contract 18. Coats of Water : Court nC1 u�•Q Appould the District, herein its ownndisc 0 •u, c for alternate point of diversion oerein in a watern court Filing theor to planDiof augwhenaassessed, an then p additionallicant rfee representingYthe District,Applicant's tiiatriot's actual and reasonable Coats and fees for App share of the proceeding. • 19. .Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the WestDivide 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. Warnings IT IS THE SOLE RESPONSIDILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT 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 AUT WASTE. APP 44' T�� BY ���'it�1/� —modAPPLICAN4'D INS 2755 103 '$oad CarhnndH1P;' Cnlnrndp R1623 STATE OF COLORADO ) 1tl.t�S1yy11 :r;.:; ) 8s. ' !, ICOUNTY OF GARFIELD ). ';t , The fore ing, instrument was acknowledged efore me on ;?''-) ,' .0 .• /LW-) (49�h day of / U.oP 4;A , 19. by t, ''''.;',/, °..-�� (� it , Witness my hand and official. seal. My oommission'. expires:My COmmissiOtl expires • ORDER 1 0, Ari . r. After 'a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said.application be granted'.and this.contract shall beand is accepted by the District. • 1 �. 1ATTESTr ecretary )sate `WEST DIVIDE WATER . CONSERVANCY DISTRICT'' By This "contrast anoludes and is ;subject to the terms' and conditions of.,;.thefollowing documents which ' must accompany ,this contract: 1. Map showing location of point of diversion (use map provided) • Application and Data Form fully completed and aignad otl r Et Al letter attached': /o • ADDENDUM # AD CC4 - 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 11/6/90 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 her u. 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 tobe assigned to said new parcel. 5. 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 Addendum Page 2 of 2 41) ADDENDUM #AD9004 -.SES CONTRACT # 901106- SLS 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. There 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 ,.respbnsible •for performance of each counterpart and shall be binding and enforceable separately from other counterparts. SIGNATURES of the:Parties hereto;„--- Applicant:. ereto: Applicant:. STA'T'E ,0F COLORADO ) ) ss. C9UNTY OF . GARFIELD ) The foregoing Addendum .on the Com'7°7 day of%14�c°.c� � 1 b � y• was acknowledged before me /adc Witness my hand and official seal. My Commission expires7�s^( rxr/fry-�� .14`)4 (1 ;r.'":),1 Y y O Notary:Repub il ORDER After a hearing by the Board of.Dlsectors of the 1st Divide Water Conservancy District••on••the above Addeadun, it is hereby • ).D'D/ that said Addendum be granted and accepted ae part of, the. original Water Allotrnent Contract referred to therein by the District. a ATTEST: ecretAry,.. WEST DIVIDE WATER CONSERVANCY DISTRICT' By:' J Date: 2 of '2 President 19f0 oconvcr to _ __(. ILL: 5FW T.D. t&11.Clt i!_ DA7>; ACrivoi i y n For office use only APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Stephen Smilack and Edith Kane Address 2755 103 Road Carhnndale, rn 81623 Telephone Number 3013/ qhi - 1314 Authorized Agent or Representative Stephen Smi 1 ar.k (same information as allo.up) B. WATER RIGHT OWNED BY APPLICANT Name of Right N/A Type of Structure or Right Location of Point of Diversio SPAN' _ attacher icga dC3CC4 pt'o�nM .. b 5 �/ L' Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use 6123 county road 214 NFW r tle, r4. Description of Use Domes ti c and rel ated uses . wi+tori n3 of non 1• •is . ••r commercial domestic animals and irri ' Number of Dwelling Units Total Acreage ?5 lqi wells Proposed Potable Water System PrqRltec"iMs-be-Water Treatment System septic system with Projected Monthly Volume of Leased Water Needed in Gallons: Mar. May June July Aug. -- ---- Jan. Feb. 1, � Sept +41_ Oct... '-a _ Nov. Dec. Annual Total. Gallons 977,700 Acre Feet 3 .._.-- Maximum Instantaneous Demand 3x15= 45 gpm D. OTHER REMARKS 7/ nrnrepll Ydth the . e -x inp.tinn proress SIGNAF OR , .Np • �o ATIVE SILT -NEW CASTLE FIRE PROTECTION DISTRICT POST OFFICE BOX 216 SILT, COLORADO 81652 MARCH 9, 1991 Steven A. Smi1ack 2735 103 Road Carbondale, CO 81623 RE: Smilacl<. Subdivision Exemption Dear Mr. Smilack: I do not believe this subdivision exemption would create any problems for the Silt -New Castle Fire Protection District. KC/ep Sincerely, Keith Crandel 1 Fire Chief 1 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 arc lands which do not meet any of SMILACK EXEMPTIOi Important Farmlands Prime (Irrigates • Irrigated Land (Not Prime Prime (If they become irrigated) Other Olds the above categories. However some areas are capable of being used as dry cropland. 1"=2000' North �% i1 �� fr NOV O 9 t992 GAFtFIELD COUNTY November 5, 1992 Board of County Commissioners Garfield County Courthouse Suite 301 109 8th Street Glenwood Springs, Colorado 81601 Dear Commissioners: INTY 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. Charl:s a d Scherry :imonson 6295 County Road 2/14 New Castle, Colorado 81647 RICHARD J. MURR BROKER Re It j and Auction Service 37659 U.S. Hwy. 6 & 24 New Castle, Colorado 81647 Day or Evening Phone (303) 984-2212 Garfield County Planning Dept. 109 8th Street, Suite 303 Garfield County Courthouse Glenwood Springs, Colo. 81601 Gentlemen: GARFIELD COLN f Y 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.