HomeMy WebLinkAbout1.0 ApplicationR
• .RECEIVED SLP 1CW
BEFORE THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision
Regulations of Garfield County, ColoRao, adopted April 23, 1984, the
undersigned CPiJI}Ta7 L—, 5M T ft respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt, by Resolution the division of
0 CO 4- acre tract of land into 1--� C v t Z) tracts of
approximately 51 S 2 , q RIO D 2&1Y1 R113OEJ(Tacres each, more or less, from the definitions
of "subdivision" and "subdivided land" as the terms are used and defined in C.R. S. (1973) Section 30-
28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below:
i11.i�
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access to
a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities; and
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; and
C. Copy of the deed showing ownership by the applicant, or a letter 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 feet of the proposed exemption, mineral owners and lessees of minerals 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
F 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.
• •
It 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.
ust be submitted with the application.
A $300.00 f
EXEMPTION
APPLICABILITY
E:D X -) C, Sin\ IA
Petitioner E,q go lr C2-14 VkA C&-
�5 4\®6R )P ;' Crc2-CLL_.
Mailing Address
6.tz Kl i C z) go- -
City State g (p
Telephone Number
The Board of County Commissioners has the discretionary power to exempt a division of land from
the definition of subdivision and thereby from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board shall make exemption
decisions in accordance with the requirements of these regulations. Following a review of the
individual facts of each application in light of the requirements of these Regulations, the Board may
approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at
a minimum, all of the review criteria listed below. Compliance with the review criteria, however,
does not ensure exemption. The Board also may consider additional factors listed in Section 8:60
of the Subdivision Regulations.
A. 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. In order to qualify for exemption, the parcel as
it existed on January 1, 1973, must have been 35 acres or greater in size at that time and
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),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, such parcels thereby created may, at 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. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
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Recorded at 1:28 P.M. July 16 1970 Book
Reception No. 246912 Chas.S.leegan,Recorder. 411
Page
515
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT is made this 17th day of March,
1970 by and between LILLIAN B. SMITH, first party, and BARBARA F. WILLIAMS,
JAMES D. SMITH, LEE A. SMITH and EDWARD E. SMITH, second parties.
WHEREAS first party has this day conveyed to second parties by warranty
deed certain lands situate in the County of Garfield, State of Colorado, hereinafter
described, which deed is made a part of this Agreement by reference and to be
delivered by' first party to second parties on , 1970.
NOW THEREFORE, in consideration of the premises, of the making and
delivering of the aforesaid deed, and of the conditions to be performed by these
parties, they agree as follows:
1. Second parties hereby grant and give unto first party an estate in
s aid lands for life, or so long as she shall remain physically and mentally competent.
2. First party shall have the right to the use, rents, issues and profits
from said lands so long as her estate therein shall continue.
3. First party agrees to pay all taxes and other expenses for the
maintenance and operational use of said property.
4. First party shall also be entitled to the use, rents, issues and profits
from the public domain allotment and forest grazing permits which are appurtenant
and used in connection with said lands.
The real property conveyed by the aforesaid deed is situate in the County of
Garfield and State of Colorado, and is described as follows:
Parcel #1 - One-half of all the oil, gas, minerals and mineral rights
lying upon or under the E 1/2 of the NW 1/4, the W 1/2 of the NE 1/4,
the SE1/4 of the NE 1/4 of Section 19, Township 7 South, Range 91West
of the 6th P.M.
Parcel #2 - The SE 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, the
N1/2 of the SE 1/4, and the SW 1 /4 of the NE 1/4 of Section 21, Township
7 South, Range 91 West of the 6th P.M.
•
Book 411
Page 516
Parcel #3 - The SE 1/4 of NE 1/4 of Section 21, the S 1/2 of NW 1/4, the SW 1/4
of the NE 1/4 and the SW 1/4 of Section 22, and the W 1/2 of the SW 1/4 of Section
26, and the N 1/2 of the NW 1/4, and the SE 1/4 of Section 27, and the W 1/2 of
the NW 1/4 of Section 35, all in Township 7 South, Range 91 West of the 6th P.M.;
together with all existing oil, gas, minerals, and mineral rights lying upon or
under said lands; ( containing 927 acres more or less);
and together with all public domain allottment and forest grazing permits used in
connection with said lands.
It is expressly agreed and understood by and between second parties to this
Agreement that in event any one or more of them desire to sell his, her or their
interest in said real property the one or ones desiring to sell his, her or their
interest or interests shall offer the same to the remaining ownem of said land and
if those desiring to retain their interest shall buy the interest or interests of the one
or more desiring to sell, the interest of each party desiring to sell shall be sold by
him or her and purchased by those retaining their interests at Two Thousand Five
Hundred Dollars ($2,500.00) for each one's share.
It is expressly agreed that first party shall have the privilege to obtain an
additional loan secured by an encumbrance upon the real property above-described.
This loan shall not exceed the sum of One Thousand Six Hundred Dollars ($1,600.00).
Second parties shall assume and pay the present indebtedness against said property,
plus the additional loan of One Thousand Six Hundred Dollars ($1, 600.00).
Dated as above written.
First Party pt--
I/
Second Party
econd Party
-/
Second Party
1
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:46912
STAIR Of COLORADO
County of Gartil.ld 5 as -
This Lnitrument was fth,d for rec•loil fie
my offt ...... crelock
• AIL 6 1970 .19 and is duly
age
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•
BLM LAND
"WELL LOCATION•MEASURE/ENT•••
J
630'
�-- 400'
PARCEL B
5.05A
Lam-- 260' _•J 150' L•—
WELL WC
GIBSON
GULCH 28Y
ACCESS470' ROAD
400'
PARCEL A
2.48A
BLM LAND
1
210' WELL LOCATION MEASUREMENT
L
SW 1/4 OF NW 1/9 SEC 22 T5 7 R 91 W
230' --..i WELL WCATio i mAituRneavrr
covrrrx RQjsk,313
SE 1/4 OF NW 1/4 SEC 22TS7R91 W
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No ilk
• •
Form 171-A—Revlsed 1903. WARRANTY DEFD.—Out West Printing and Stationery Co., Colorado Springs. Colo. E1065
)t
eeb, Made this
B
of the County of
day of 244....in the year of our Lord one thousand nine hundred
and State of Colorado, of the first part, and
cil;z7-2,,,M
of the County of Garfield and State of Colorado, of the second part:
Witnesseth, That the said part the first part, for and in consideration of the sum of. (.e.K2(al./24.Z.Q.a.) alfeZdidetilig.1.addt
. ., • . — • 1---1 --1-1 L..41— / rsa r+ vumn.i rtf vtrl-,muldsf bfar.1-11, Ann f.estari owl ol-nnurlsarlactri oraritArl harrow
Telge.kg
small LAND
SMITH LAND
•
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Form 171-A—Revlsed 1903. WARRANTY DEEM.—Out West Printing and Stationery Co., Colorado Springs, Colo. E1065
fit
etb Made this
• — B .TWE.EN
y.
day of. in the year of our Lord one thousand nirte hundred and
:he County of
/
he County of Garfield and State of Colorado, of the second part:
Witnesseth, That the said part.. .of the first part, for and in consideration of the sum of at.e./74-6-di.6-ri (21:2 ) a'ir-Ze..11,€41,ehr.Z4liaa
he said part --(.7 ..of the first part in hand paid by the said part Z,./Lof the second part, the receipt whereof is hereby confessed and acknowledged, ha granted, bargained,
I and conveyed, and by these presents do -e.4 grant, bargain, sell, cot2y and confirm unto the said part:4444f the seco .... .
f 4---"ee
heirs and igns, forever, all the following described lot..4 or parcel -.47 of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit:
112-2,2/M
iGrZ z6e-
and State of Colorado, of the first part, and
J9 )oZ, 46e/7.
_`7)j-e.al 74-Z 9/7, 7-zy
v _ad,/ (:J JZ.e,a/ A.71 -e/ -12ee -C,te.e1(/ ziie;e/
671/6d -A/-/ 'Z • 3/45: G77;24(
-14-Z -KW e _-y E. Azt,
Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders,
ts, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part.c of the first part, either in law or equity, of, in and to the
we bargained premises, with the hereditaments and appurtenances;
To Have and To H IdIzi,iaid prem.;., above bargained and described,atihe szt:neancezamt the said part... 2
./
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tha-sesoaskiast, beaail-assigno forever.
d the said
-t of the first part, for heirs, ex utors and administrators, do d covenant ant, bargain, and agree to and with the said part...Al-1.d the second part,
is-and_assigos,- 1-.1evriti /-4(--1-4a,-,a-.1- a,zzi 7- '...e.d...' •.7,14?..-401-44aria /1—e-e,a7,a--€-(-4-G7.-‘e.-..
a at the time of the ensealing and delivery of these presents, -<' well seized of the premises above conveyed as of good, sure, perfect, absolute and indefeasible
ate of inheritance, in law, in fee simple, and ha 0 good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that
same are free and c r from all former and other grantswbargams, sales, liens, taxes, assessments and incumbran es of whatever kind or nature soeve
•7.--/e-) 9 E/17,e/Get.,1 i;4_,,,d i -e -?:(17-.06 'Itet1Zy: • .e9 74/
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q --C1',..d a....2-1--e--e„-• 67--120#w
1 the above bargained premises, in the quiet and peaceable possession of the said part.L.th..of the second part,7/od-e--c4--r,/-C-r,;--
rs and assigias,
Mat all and every person or persons lawfully claiming or to claim the w ole or any part thereof, the said part....e.i...of the first part shall and will WARRANT AND FOREVER
FEND.
In Witness Whereof, The said part..Zf of the first part ha...."4 hereunto set hand and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
%
$
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unty of...
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) 74.1 et,e-er,r7occ..4„40. 124,„/
tne-seid--Couniy, in.-tise-Sasee
aforesaid do-hareny-eertify-that
personally -knew& to-soe,talrathe-iseraoa suesonbed-ao-etwannened-Deed, appeerod-befeseque-this-day-U95ersea
entkoricasesiedgedAltee
fres-sted-Nrolkultary
<e-n-oe
aet,lor-44-uses,anti-purposeirktirerein,set-forth.
Given-under-lay-henal-enef days -of
My commission expires. g)1/47-4.-r/k , 19
42,4;149
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No /Iso
•
•
Form 171-A—Revised 1905. WARRANTY DEED.—Out Wed Printing and Stationery Co., Colorado Springs. Colo. E1065
eek►
Made this
day of. -_/> in the year of our Lord one thousand nine hundred
-� BETWEEN -
of the County of 02� P and State of Colorado, of the first part, and
/2�GF J O� .tel (.! �Yt
of the County of Garfield and State of Colorado, of the second part: �% �// �� - / /�
Witnesseth, That the said part..., .....of the first part, for and in consideration of the sum of.- '+l'ilie/tf/Cf./.9.D.) alti �.cQi-1/---.e/ -.""7".(1)-4&
to the said part- .. ....of the first part in hand paid by the said parti.ge.42.of the second part, the receipt whereof is hereby confessed and ackn-owlledged, ha. ' granted, bargai
sold and conveyed, and by these presents do -e.."Pr grant, bargain, sell, cony y and confirm unto the said part.Lof the seco d part, -lam . f!rt� mit
heirs and signs forever, all the following described lotedor parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -v
4rib //6/742 O fir/ ll 94 c,o-n �a�, �i o o i27, a -;v o�-i,�, 7.09 E/i-�.(„e/6
.gam � e ��e / 4, -fa ii doe 4 �`
ifs ! �' -�� � i ma=y i i e s -u
icr,i.
Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remau
rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part. -(.f of the first part, either in law or equity, of, in and t
above bargained premises, with the hereditaments and appurtenances;
To Have and To H Id h said pr above bargained and described, wi thea ansa, un the said part.CC......
fir rte/ ade-e-414 / 42.4(4.0z.<1 !fir rf�u .a sk yr /
oI the oad prt, heiya.aad.aasigas. forever.
And the said
part-.lf of the first part, for-fZ%?114 r -' 4 heirs, ex afore and administrators, do covenant t, bargain, and agree to and with the said part.xGC.dof the second
vire ao-��-r -� -f1 -.��� ��Ao I7 i:� zJ /‘442-i oA�=
hems-aad_sas gns,
that at the time of the ensealing and delivery of theae presents, 'C-;%. well seized of the premises above conveyed as of good, sure, perfect, absolute and indefe.
estate of inheritance, in law, in fee simple, and had good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, ant.
the same are free and c from all former and other grants,,bargains, sales, liens, taxes, assessments and incumbran es of whatever kind or nature soev ��,pp
ea�J i iii - , y esti /9 3, a-P� ��:� � �e�/• eJs�O �¢7-. /
and the above bargained premises, in the quiet and peaceable possession of the said part,LL.O--of the second part, +4/ Q y4ti1
heirs and assigns, c 12A.�rit.'.4(.grt1..l 1.4f ...
against all and every person or persons lawfully claiming or to claim the w ole or any part thereof, the said part—Zit-of the first part shall and will WARRANT AND FORE
DEFEND.
In Witness Whereof, The said part.. -C1 of the first part hal0 hereunto set hand and seal the day and year fust above written.
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
STAT
County of '4;
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F C OHADOh c3�/"
jf . .""g �i .ry 4.2, 47u o�i '421u":„.1:1144.4=1.2,27.6:,.
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flee -end -*du.
My commission expires.. tar/k t L i ,
eeb, Made this
(
•
•
Form 171-A—Revised 1903. WARRANTY DEED.—Out West Printing and Stationery Co., Colorado Springs, Colo. E1065
day of. in the year of our Lord one thousand nine hundred and
and State of Colorado, of the first part, and
he County of Garfield and State of Colorado, of the second part:
Witnesseth, That the said part..,—...of the first part, for and in consideration of the sum of .ChteP4-66-4./6-li alitifetfrcate.a-Lfaa "11-4-4-kirAnit. ez71-
he said part --<./ of the first part in hand paid by the said partY,12,42.of the second part, the receipt whereof is hereby confessed and acknowledged, ha granted, bargained,
and conveyed, and by these presents do -17." grant, bargain, sell, convey and confirm unto the said part.LCAaof the seco d . . ..
heirs and signaforever, all the following described lot.rd or parcel •=:, of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit:
d"Grx )3/) 02
£ zdcf_ws
?f,ize/L, 9/ _6v)Azal 71-,Z1 n4(„7„,y c.50
load] q)2ee ' Y
avi,1
•-.1) itZ S26 -1c -e9
-&ue -6G/zz
4,-.1z412
Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders,
ta, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part/(4 of the first part, either in law or equity, of, in and to the
we bargained premises, with the hereditaments and appurtenances;
7i/ dq4a--frme
To Have and To H Id thwsMd premisas above bargained and described, vAtjhe, ar_Liancm, the said part...
,eaze.oz,e) Id(<<,4
. /ad.,/ 7-Z
tha-asAioucl-pazt, heirs-itacl..a.saigna forever.
d the said
-t47 of the first part, for
cs-ankl.s.ssigna,_
it at the time of the ensealing and delivery of these presents, --C. well seized of the premises above conveyed as of good, sure, perfect, absolute and indefeasible
ate of inheritance, in law, in fee simple, and ha Ld good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that
same are free and c from all former and other grantsx,bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soeve
16 "-,..e.4..,a...e. 7-41
2e".f, 9 --ei ..0 za-e-e-e--i-;.-e_e., a -n.06 -i-e--e-i - • - -7. f r eQ-7--,
77 -ti /4 a4.2.1
heirs, exiipuors,and administrators, do..61 covenant, and agree to and with the said part.4.-fetof the second part,
1 the above bargained premises, in the quiet and peaceable possession of the said part.t&d..of the second part
rs and asaigns, a-92.1 zzei
anst all and every person or persons lawfully claiming or to claim the w ole or any part thereof, the said part..-ef...of the first part shall and will WARRANT AND FOREVER
TEND.
In Witness Whereof, The said part..,-y..._of the first part ha. hereunto set hand and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
STA F C • ORADO
unty of
}ss.-3,t}z.
a4„c_4e .-AcAsge zr,c1,6, ese-cxec-se,r ate/.z..e.
a7444:6, lar -•"(5/. .Pr -0-7,6
the-said.Couney, is.tne-8sa4e
aforesaid, tio-lierelay-eartify-tbat
penicsaally-linevon to-eria.to_kuialue-fierson W4E111041.111116 suirsoniren-So4ile-anneited-Eibesi, atipeared-irefere-nui-tnis-eissori
itinkackaowiedged,tita•
free-arotary
wat.,-far-the-usea4uati-imuiaosas,tirereiteset-forth.
0-42.0e'
16' c
Given-inkcier-nw-henti-antf da-si , ..4.-DT•441
My commission expires lar/k , 19hi
Lf;Yr,e)
-'7,f/1.-47
•
VECEivEptil 1 1 200
Mineral owners and lessees of minerals owners of record of the
property to be exempted:
1. Edward E. and Shirley J. Smith
65 Hideaway Circle
Evergreen. CO 80439-4816
2. Barbara F. Williams
623 Wood Street
Fort Collins, CO 80521
Lee A. Smith
4000 County Road 3 i
New Castle, CO 81647
4. Darlene J. Plendl
3171 Uvalda
Aurora, CO 80011
[NOTE: The inclusion of Ms. Plendl in this list is for purposes of
completeness only, pursuant to the rules of petition for exemption, and is not
to be construed as an admission or affirmation of the legitimacy of Ms.
Plendl's ownership of any mineral rights, or any other property rights, by any
party to this petition for exemption].
Porter H. Byers and Charles A. Byers
27430 Road H #6
Cortez, CO 81321-9140
Shirley L. Sullivan
120 E. Blue Spruce Ct.
Highlands Ranch, CO 80126-2292
Ruth E. Arnold
c/o Joseph Charles Arnold
555 E. !0'l' Avenue, Apt. 309
Denver, CO 80203-3265
T
RI -LE AREA, COLORADO
•
signed to provide surface drainage outlets for large
amounts of snowmelt.
This soil is in capability subclass Vile, nonirrigated.
43—Limon silty clay loam, 3 to 12 percent slopes.
This deep, well drained, gently sloping to strongly sloping
soil is on alluvial fans and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. This soil formed in fine
textured, calcareous sediment derived from shale. The
average annual precipitation is about 14 inches, the
average annual air temperature is about 48 degrees F,
and the average frost -free period is about 125 days.
Typically, the surface layer is light brownish gray silty
clay loam about 11 inches thick. The underlying material
is light brownish gray and light gray silty clay loam to a
dep n of 60 inches.
Included with this soil in mapping are small areas of
Arvada and Heldt soils that have slopes of 3 to 12
percent. These soils make up 10 to 15 percent of the
map unit.
Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for grazing, wildlife habitat, and
some irrigated hay and pasture.
This soil is usually irrigated by flooding. This soil takes
in water slowly. Length of run and slope should be care-
fully determined. This soil compacts easily when wet.
Green manure crops and tillage help to maintain tilth.
The native vegetation on this soil is mainly wheat -
grass, sagebrush, and rabbitbrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, pheasant, and squirrel find habitat on
this soil.
Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by the high clay content, shrink -swell potential,
and low strength. Dwellings and roads can be designed
to reduce these limitations.
This soil is in capability subclasses IVs, irrigated, and
VIe, nonirrigated.
44—Morval loam, 3 to 12 percent slopes. This deep,
well drained, gently sloping to rolling soil is on mesas
and sides of valleys. Elevation ranges from 6,500 to
8,000 feet. This soil formed in reworked alluvium derived
from basalt and sandstone. The average annual precipi-
tation is about 15 inches, the average annual air tem-
•
2/
perature is about 44 degrees F, and the average frost -
free period is about 100 days.
Typically, the surface layer is brown loam about 5
inches thick. The upper part of the subsoil is brown or
light brown clay loam about 12 inches thick, and the
lower part is light brown stony clay loam about 10 inches
thick. The substratum is pink stony loam.
Included with this soil in mapping are small areas of
Villa Grove, Zoltay, and Tridell soils. Villa Grove and
Zoltay soils are on the steeper parts of the landscape.
Tridell soils have accumulations of calcium carbonate.
These areas make up about 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 60 inches. Sur-
face runoff is slow, and the erosion hazard is slight.
This soil is used mainly for grazing. A small acreage is
used for hay and pasture (fig. 8). Irrigated areas are used
for alfalfa, grass -legume mixtures, and oats or barley.
Flooding, furrows, and sprinklers are suitable for irri-
gating this soil. Flooding is well suited to alfalfa, pasture,
hay, and small grains. Sprinklers minimize soil loss.
The native vegetation on this soil is mainly need-
leandthread, wheatgrass, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Pubescent wheatgrass,
western wheatgrass, and big bluegrass are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Cottontail rabbit, mule deer, and grouse find habitat on
this soil.
Community development and recreation are limited by
shrink -swell potential, frost action, and low strength.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
45—Morval-Tridell complex, 6 to 25 percent
slopes. These moderately sloping to hilly soils are on
alluvial fans and sides of mesas. Elevation ranges from
6,500 to 8,000 feet. The soils formed in reworked allu-
vium derived from basalt and sandstone. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 44 degrees F, and the
average frost -free period is about 100 days.
The Morval soil makes up about 55 percent of the unit,
and the Tridell soil makes up about 30 percent. The
Morval soil is on the less sloping parts of the landscape,
and the Tridell soil is on the sides of mesas.
The Morval soil is deep and well drained. Typically, the
surface layer is brown loam about 5 inches thick. The
upper part of the subsoil is brown and light brown clay
loam and stony clay loam about 12 inches thick, and the
lower part is light brown stony clay loam about 10 inches
thick. The substratum is pink stony loam.
28
• Permeability of the Morval soil is moderate, and availa-
ble water capacity is moderate. Effective rooting depth is
60 inches. Surface runoff is medium, and the erosion
hazard is moderate.
The Tridell soil is deep and well drained. Typically, the
surface layer is brown stony loam 10 inches thick. The
upper part of the underlying material is brown very stony
loam 11 inches thick, and the lower part is pinkish white
very stony loam to a depth of 60 inches.
Permeability of the Tridell soil is moderately rapid, and
available water capacity is low. Effective rooting depth is
60 inches. Surface runoff is medium, and the erosion
hazard is moderate.
Included with these soils in mapping are small areas of
Villa Grove and Zoltay soils on the steeper parts of the
landscape. These areas make up about 15 percent of
the map unit.
These soils are used mainly for grazing.
The native vegetation on the Morval soil is mainly
needleandthread, wheatgrass, and sagebrush. The
native vegetation on the Tridell soil is mainly pinyon,
Utah juniper, and some Rocky Mountain juniper and an
understory mostly of wheatgrass, Indian ricegrass, need-
leandthread, junegrass, serviceberry, bitterbrush, moun-
tainmahogany, and big sagebrush.
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition on gently sloping Morval soils. Bluebunch
wheatgrass, western wheatgrass, and needleandthread
are suitable for seeding. Preparing a seedbed and drilling
the seed are good practices. Reducing brush improves
range that is producing more shrubs than are normally
found in the potential plant community. Properly manag-
ing the vegetation on the Tridell soil maintains wood
production and grazing. Selectively thinning pinyon and
juniper improves grazing and provides firewood, posts,
and Christmas trees.
The Tridell soil is suited to production of pinyon and
Utah juniper. It can produce 8 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. Special care is
needed to prevent erosion during harvest. The low avail-
able water capacity affects survival of seedlings.
Mule deer, wild turkey, and squirrel find habitat on
these soils.
Community development is limited by large stones. Cut
slopes are difficult to revegetate because of the stones
and because of the shrink -swell potential and frost
action of the Morval soil.
This complex is in capability subclass Vle, nonirrigated.
46—Nihill channery loam, 1 to 6 percent slopes.
This deep, well drained, nearly level to gently sloping soil
is on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. The soil formed in alluvium
derived from Green River shale and sandstone. The
SOIL SURVE
average annual precipitation is about 13 inches, the
average annual air temperature is about 48 degrees
and the average frost -free period is about 125 days
Typically, the surface layer is light gray and very pall
brown channery loam about 11 inches thick. The uppe
part of the underlying material is very pale brown ver
channery loam about 14 inches thick, and the lower par
is very pale brown extremely channery sandy loam an(
extremely channery loam to a depth of 60 inches.
Included with this soil in mapping are small areas
Arvada and Ildefonso soils. The Arvada soils are near
level, and Ildefonso soils are steeper. These areas make
up 10 to 15 percent of the map unit.
Permeability is moderately rapid, and available wate
capacity is low. Effective rooting depth is 60 inches
Surface runoff is slow, and the erosion hazard is moder
ate.
This soil is used mainly for grazing and wildlife habitat
Some small areas are in irrigated hay and pasture.
This soil is usually irrigated by flooding. Sprinklers are
also suitable. Since this soil is droughty, frequent irriga
tion is needed to grow hay or pasture. Drop structures it
irrigation ditches prevent ditch erosion. Keeping the irri
gation run short prevents too deep percolation.
The native vegetation on this soil is mainly wheat
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrub
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Propen'
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im
proves range in poor condition. Crested wheatgrass
western wheatgrass, and Russian wildrye are suitable fc
seeding. Preparing a seedbed and drilling the seed are
good practices.
Mule deer, cottontail rabbit, chukar, and squirrel finc
habitat on this soil.
This soil has few limitations for community develop
ment. Community sewage facilities will be needed if pcp
ulation density increases.
This soil is in capability subclasses IVe, irrigated. anc
Vie, nonirrigated.
47—Nihill channery loam, 6 to 25 percent slopes.
This deep, well drained, moderately sloping to hilly soil iE
on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. This soil formed in alluvium
derived from Green River shale and sandstone. The
average annual precipitation is about 13 inches, the
average annual air temperature is about 48 degrees
and the average frost -free period is about 125 days.
Typically, the surface layer is light gray and very pale
brown channery loam about 11 inches thick. The upper
part of the underlying material is very pale brown ver:
channery loam about 7 inches thick, and the lower car
is very pale brown extremely channery sandy loam arc
extremely channery loam to a depth of 60 inches.
RIFLE AREA, COLORADO
66—Torriorthents-Camborthids-Rock outcrop com-
plex, steep. This broadly defined unit consists of ex-
posed sandstone and shale bedrock, loose stones, and
soils that are shallow to deep over sandstone and shale
bedrock and stony basaltic alluvium. This complex
occurs throughout the survey area. The soils and out-
crops are moderately steep to very steep. Slope ranges
from 15 to 70 percent.
Torriorthents make up about 45 percent of the com-
plex, Camborthids make up 20 percent, and Rock out-
crop makes up 15 percent. The Torriorthents are on
foothills and mountainsides below Rock outcrop. The
moderately steep Camborthids are on lower toe slopes
and concave open areas on foothills and mountainsides.
Torri:r r•thents are shallow to moderately deep. They
are generally clayey to loamy and contain variable
amounts of gravel, cobbles, and stones. The surface is
normally covered with stones weathered from the higher -
lying Rock outcrop. South of the Colorado River, basaltic
stones and cobbles are on the surface.
Camborthids are shallow to deep. They are generally
clavev tc op. my and have slightly more clay in the sub-
soil than in the surface layer. The surface layer is light
le is normally free of stones, but cat-
tere4 4us t stones, cobbles, and sandstone fragments
are on the surface.
The Rock outcrop is mainly Mesa Verde sandstone
and Wasatch shale. Some areas are covered with basal-
tic boulders and stones. Small areas of limestone out-
crops and exposed gypsum are in the eastern part of the
survey area.
Included in mapping are small, isolated areas of Ilde-
fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils.
These intermittent areas make up 10 to 20 percent of
this map unit.
This complex is used for grazing, wildlife habitat, and
recreation.
The stones on the surface and the steep slopes make
this complex unsuitable for crops. Some areas can be
reseeded to pasture by broadcast seeding. Other plant-
ing methods are made difficult by the stones and slopes.
The native vegetation includes wheatgrasses, blue -
grasses, Indian ricegrass, needlegrasses, bitterbrush,
mountainmahogany, sagebrush, and an overstory of
pinyon and juniper.
The value of grazing is fair. The vegetation should be
managed to maintain wood production and limited graz-
ing. Selectively thinning the pinyon and juniper improves
grazing and provides firewood and posts. Steep slopes,
moderate to severe erosion hazard, and slow regrowth
of trees affect harvesting and management.
Most of this complex is a prime wintering area for
deer. Rabbits, coyote, and a few elk also find food and
cover on this complex.
Building is limited by steep slopes and stoniness.
These limitations can be overcome by appropriate
design and construction.
37
This complex is in capability subclass Vile, nonirrigat-
ed.
67—Torriorthents-Rock outcrop complex, steep.
This broadly defined unit consists of exposed sandstone
and shale bedrock and stony soils that are shallow to
moderately deep over sandstone and shale and stony
basaltic alluvium. Areas of this complex occur throughout
the survey area. The soils and outcrops are moderately
steep to very steep. Slope ranges from 15 to 70 percent.
Torriorthents make up about 60 percent of this com-
plex, and Rock outcrop makes up 25 percent. The Tor-
riorthents are on foothills and mountainsides below the
Rock outcrop.
Torriorthents are generally clayey to loamy and con-
tain variable amounts of gravel, cobbles, and stones.
The surface is normally covered with stones weathered
from the higher -lying Rock outcrop. South of the Colora-
do River, stones and cobbles of basalt are on the sur-
face.
The Rock outcrop is mainly Mesa Verde sandstone
and Wasatch shale. Some areas are covered with basal-
tic boulders and stones. Small areas of limestone out-
crops and exposed gypsum are in the eastern part of the
survey area.
Included in mapping are small isolated areas of Ilde-
fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils.
These intermittent areas make up 10 to 15 percent of
this map unit.
This complex is used for limited grazing, wildlife habi-
tat, and recreation.
Because of the stones on the surface, the Rock out-
crop, and the steep slope, this complex is unsuited to
crops.
The native vegetation includes wheatgrass, bluegrass,
Indian ricegrass, needlegrass, bitterbrush, sagebrush,
mountainmahogany and an overstory of pinyon and juni-
per.
The vegetation should be managed to maintain wood
production and limited grazing. Selectively thinning the
pinyon and juniper improves grazing and provides fire-
wood and posts. Steep slopes, moderate to severe ero-
sion hazard, and slow regrowth of trees affect harvesting
and management.
Most of this complex is a prime wintering area for
deer. Rabbits, coyote, and a few elk also find food and
cover on this complex.
Community development is limited by the Rock out-
crop, steep slopes, and stoniness. These limitations can
be overcome by appropriate design and construction.
This complex is in capability subclass Vile, nonirrigat-
ed.
68—Vale silt loam, 3 to 6 percent slopes. This deep,
well drained, gently sloping soil is on mesas, terraces,
and alluvial fans. Elevation ranges from 5,000 to 7,200
feet. This soil formed in calcareous eolian material. The
RIFLE AREA, COLORADO
and big bluegrass are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices.
Cottontail rabbit, mourning dove, wild turkey, and mule
deer find habitat on this soil.
Community development and recreation are limited by
steep slopes, low strength, and clayey texture.
This soil is in capability subclass VIe, nonirrigated.
71—Villa Grove-Zoltay loams, 15 to 30 percent
slopes. These moderately steep to hilly soils are on
mountainsides and alluvial fans. Elevation ranges from
7,500 to 7,600 feet. The Villa Grove soil formed in mixed
alluvium, and the Zoltay soil formed in basaltic alluvium.
The average annual precipitation is about 16 inches, the
average annual air temperature is about 43 degrees F.
and the average frost -free period is about 100 ca'is.
The Villa Grove soil makes up about 50 percent or the
map unit, and the Zoltay soil makes up about 40 per-
cent. The Villa Grove soil is in the steeper areas, and the
Zoltay soil is in the less sloping areas.
The Villa Grove soil is deep and well drained. Typical-
ly, the surface layer is dark grayish brown loam about 4
inches thick. The upper part of the subsoil is brown clay
loam about 11 inches thick, and the lower part is brown
loam about 33 inches thick. The substratum is pale
brown loam to a depth of 60 inches.
Permeability of the Villa Grove soil is moderately slow,
and available water capacity is high. Effective rooting
depth is 60 inches or more. Surface runoff is slow, and
the erosion hazard is slight.
The Zoltay soil is deep and well drained. Typically, the
surface layer is dark grayish brown loam about 19 incnes
thick. The subsoil is brown cobbly ciay or cobbly clay
loam about 35 inches thick. The substratum is pinkish
gray cobbly clay to a depth of 60 inches.
Permeability of the Zoltay soil is slow, and available
water capacity is high. Effective rooting depth is 60
incnes or more. Surface runoff is medium, and the ero-
sion hazard is moderate.
Included with these soils in mapping are small areas of
Vale, Potts, and Morval soils. The Vale and Potts soils
are on small, isolated remnants of mesas. The Morvai
soils are on small undulations that have slopes of 3 to
12 percent. These areas make up 10 percent of the map
unit.
These soils are used mainly for grazing, wildlife habi-
tat, and some irrigated pasture.
The native vegetation on these soils is mainly Gambel
oak, serviceberry, snowberry, and elk sedge.
When range condition deteriorates, forbs and snrubs
increase. When the range is in poor condition, Kentucky
bluegrass, undesirable weeds, and annual plants are nu-
merous. Properly managing grazing maintains and im-
proves range condition. Controlling brush and seeding
improve forage production in the less sloping areas. Pu-
bescent wheatgrass, western wheatgrass, and tic blue-
grass are suitable for seeding. Preparing a seedbed ar
drilling the seed are good practices.
Many deer and some cottontail rabbit, squirrel, ar
grouse find habitat on this soil.
Community development and recreation are limited
moderately steep slopes, shrink -swell potential, and lc
strength.
This complex is in capability subclass Vle, nonirrigate
72—Wann sandy loam, 1 to 3 percent slopes. Tr
deep, somewhat poorly drained, nearly level to gen
sloping, low-lying soil is on terraces and bottom land
valleys. Elevation ranges from 5,000 to 6,500 feet. T:
soil formed in alluvium derived primarily from sandsto
and shale. The average annual precipitation is about
,nes, the average annual air temperature is about
degrees F, and the average frost -free period is abc
120 days.
Typically, the upper part of the surface layer is de
grayish brown sandy loam about 8 inches thick, and t
lower part is dark grayish brown fine sandy loam abou
inches thick. The upper part of the underlying materia
mottled, light brownish gray fine sandy loam and sar
loam about 24 incnes thick, and the lower part is molt
light brownish gray coarse sandy loam to a depth of
inches.
Included with this soil in mapping are small areas
Kim and Arvada soils and Torrifluvents. These soils he
slopes of 1 to 3 percent. These areas make up 5 to
percent of the map unit.
Permeability is moderately rapid, and available we
capacity is high. Effective rooting depth varies with
level of the water tabie but is usually about 2 fE
Surface runoff is slow, and the erosion hazard is moc
ate. Depth to the water facie ranges from 2 to 3 fE
The level of the water table varies with the amount
irrigation water applied to this scii and surrounding sc
Water ponds in spring. This soil is occasionally flooc
for brief periods between April and July.
This soli is used mainly for grazing, grass or legs.
nay, and pasture.
Tile drains and improved water management incre
the potential for crops. This soil is usually irrigated
furrows or flooding. Sprinklers are also well suited.
The native vegetation on this soil is mainly alkali se
ton, saitgrass, wheatgrass, sedges, and rabbitbrush.
When range condition deteriorates, shrubs and
grass increase. When the range is in poor condit
undesirable weeds and annual plants are abund
Properly managing grazing maintains and imprc
range condition. Alkali sacaton and western wheatgr
are suitable for seeding. Preparing a seedbed and dri
the seed are good practices. Controlling brush imprc
range that is producing more woody shrubs than is
mally found in the potential plant community, but
should be taken to leave stands of fourwing saltb�'
• •
Garfield County Department of Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Sir/ Ma'am:
I have reviewed the sketch map regarding the petition for exemption to subdivision
regulations of Edward E. Smith, et al, for the property located on County Road 313, East
Divide Creek, New Castle, Colorado. It is my understanding that the existing property is
proposed to be divided to create three new parcels of 5 acres +/- each for the purpose of
providing building sites for family members.
Based upon that review, the Burning Mountain Fire Protection District does not have any
mandatory requirements regarding fire protection for that number of parcels of that size
in that location.
Mr. Robert W. Ramsey is assisting in the application under discussion. Mr. Ramsey and
I have discussed various steps that a homeowner might take to protect his home from fire
and Mr. Ramsey agrees to discuss the same with Mr. Edward E. Smith, the petitioner. As
I indicated, these steps are voluntary and not mandatory for the proposed division.
If I may be of further assistance in this matter, please do not hesitate to contact me.
Submitted this /'/ day of 74-' 2000.
Very Truly Yours,
Don Zordel
Fire Chief
Burning Mountain Fire Protection District
P.O. Box 2
Silt, CO 81652
(970) 984-2943
.Form No.
GWS -25
APPLICANT
OFFICE OF THE ST
COLORADO DIVISIO
818 Centennial Bldg., 1313 Sherman St.,
(303) 866-3581
LEE A. SMITH
4300 CTY RD. 313
NE'vV CASTLE, CO 81647-
(970) 618-6928
ENGINEER
OF WATER RESQL .RCF, r- �-
Denver, Coloraao 80203 ; t F'x`F "La"
LIC
WELL PERMIT NUMBER 230004
DIV. 5 WD 45 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 22
Township 7 S Range 91 W Sixth P.M.
DISTANCES FROM SECTION LINES
2590 Ft. from South Section Line
100 Ft. from West Section Line
PERMIT TO CONSTRUCT A WELL
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 this 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 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 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NW
1/4, SW 1/4, Sec. 22, Twp. 7 S, Rng. 91 W, Sixth P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
//9/7°'° // 9/
APPROVED
SAP
Receipt No. 9500336
State Engineer
DATE ISSUED DEC 0 9 2000
By
XPIRATION DATE nEC 0 Q 2002
JAN -30-02 05:46 PM P.02
111002.
01/30/02 1e:23 FAX 19702419
WELL AGREEMENT
•
THIS WELL AGREEMENT (Agreement) is dated the day of
2002 and is between EDWARD E. SMITH, LEE A. SMITH, BARBARA F. WILLIAMS and
DARLENE PLENDL (Well Owners) and EDWARD E. SMITH, LEE A, SMITH, BARBARA
F. WTLLIAMS and DARLENE PLENDL (Parcel Owners).
RECITALS
A, Well Owners are the owners of a well located in the NWASW'/4 Section 22,
Township 7 South, Range 91 West of the 6th P.M., for which the Office of the State Engineer has
issued Well Permit No. 230004, a copy of which is attached as Exhibit A hereto and incorporated
herein by this reference (hereafter, "Well").
B. Parcel Owners are owners of exempt parcels designated as Parcels A, B and C on
that certain Subdivision Exemption Plat recorded in Book at Page , Garfield
County Real Estate Records, located in Garfield County, Colorado. Such Parcels A, B and C
shall be individually referred to as "Parcel" and collectively as "Parcels."
C, An agreement regarding use of the Well is required by the Board of Garfield
County Commissioners as a condition of approval of the Subdivision Exemption Plat.
D. The parties desire to enter into an agreement regarding use of the Well under the
teens and conditions set forth below,
NOW, THEREFORE, in consideration of the recitals sept forth above, and the mutual
promises set forth below, the parties agree as follows: •
1. Well Owners hereby grant Parcel Owners the right to use of the Well for one
single family residence on each of Parcels A, B and C. The owners of each. Parcel shall be
entitled to one-third (1/3) of the water produced by the Well, and may irrigate up to one-third
(1/3) acre of home gardens and lawns with such water.
2. Parcel Owners shall comply with all conditions of approval of the Well Permit No.
230004, including, but not limited to, the cor.ditions that: (1) the use of ground water from the
Well is limited to fire protection, ordinary household purposes inside not more than three (3)
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns,
and the watering of domestic animals, and (b) the return flow from the use of the Well must be
through an individual waste water disposal system of the non -evaporative type with the waters
returned to the same stream system in which the Well is located. In addition, Parcel Owners
shall comply with Colorado law in use of water from the Well.
JAM -30-02 05:46 PM P.03
x003
01/30/02 16:24 FAX 16702413 S.F.A.H.
•
•
3, The owners of each Parcel connected to the Well shall share, on a pro rata basis,
determined according to the number of parcels connected to the Well, in the costs and expenses
of operation, maintenance, repair, replacement and reconstruction of the Well and well
equipment, but not including any pipelines or other means of conveyance from the Well to each
parcel. Upon payment of any such costs and expenses by an owner of a Parcel, the owners of
other Parcels shall pay such owner their pro rata share within thirty (3 0) days of a written request
for payment. In the event the owner of a Parcel fails to make payment of amounts owed under
this Agreement, such owner shall not be entitled to use water from the Well until such amounts
are paid. The owner of each Parcel shall bear the costs and expenses of connecting the Well to
the single family residence looted on that owner's Parcel.
4. The rights and obligations granted to Parcel Owners under this Agreement are not
transferable, nor shall any interest in the Well be conveyed by Parcel Owners, separate and apart
from transfer of a Parcel.
5. The Well Owners and Parcel Owners intend that the rights and obligations set
forth in this Agreement are not and will not be merged with the fee ownership of the Parcels or
the real property from which the Parcels were subdivided, notwithstanding the doctrine of
merger under Colorado law.
6. This Agreement shall be for the benefit of and binding on the parties' heirs,
personal representatives, devisees, successors and assigns.
7. Jurisdiction and venue for any action to enforce or interpret this Agreement shall
be solely in the state courts of Garfield County, Colorado. The prevailing party in any action to
interpret or enforce this Agreement shall be entitled to an award of that party's attorneys' fees
and costs.
DATED as of the year and day first above written.
WELL OWNERS AND PARCEL OWNERS
Edward E. Smith
Lee A. Smith
Barbara F. Williams Darlene Plendl
2
JAN -30-02 05:47 PM
a1/30/02 18:24 FAX 19702413740
H.F.A,K.
P.04
•
Cm 004
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of January.
2002, by Edward E. Smith, as Well Owner and Parcel Owner,
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF _ )
The foregoing instrument was acknowledged before me this day of January,
2002, by Lee A. Smith, as Well Owner and Parcel Owner.
Witness my hand and official seal.
My commission expires'
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of January,
2002, by Barbara S, Williams, as Well Owner and Parcel Owner.
Witness my hand and official seal.
My commission expires: _ _.
Notary Public
3
JAM -30-02 05:47 PM
01/30/02 16:25 FAX 197024131) H,F.A.A.
P.05
•
ia00s
STATE OF COLORADO )
) ss,
COUNTY OF )
The foregoing instirument was acknowledged before me this - day of January,
2002, by Darlene P1end1, as Well Owner and Parcel Owner.
Witness my hand and official seal.
My commission expires:
Notary Public
4
JAM -30-02 04:51 PM
•
FAX TO MARK L. BEAN
1-970-384-3470
DIRECTOR
BUILDING AND PLANNING DEPARTMENT
GARFIELD COUNTY
To: Mark L. Bean
From: Ed Smith ph 303-384-3833 fax 303-582-3508
Subject: E.E. Smith SB 35 Exemption
Date: January 30, 2002
P.02
Dear Mr. Bean:
beyond Februaryq 2002 so that we canI am requesting an extension ofti mGarfield County Building &Planning
finalize the changes requested bythe
Department.
My understanding is all items Rectal #Clete �to show the Board of Garfield
t
1) Change the well agreement� owners.
County Commissioners, and have it signed by the four property
2) To have Bvokcliff Survey Services,
Inc. add the 10 -foot wide easement from
the well to each property A, B, and C. And to add a 20 x 20 foot easement
at the well head. This is to be shown on the Platt map of the property.
If there are any other changes or modifications, please let me know.
•
PARCH,'L A - SMITH
SUHDI VISION AX»IMPTION
NOTE: USGS QUAD MAP. GIBSON GULCH 40' CONTOURS
LOT: 2.248 ACRES
BUILDING ENVELOPE: 1.021 ACRES AVERAGE SLOPE: 26%
BOOKCLIFF
BOOKCLIFF SURVEY SERVICES, INC.
136 EAST THIRD STREET DATE: JANUARY 17 2002
RIFLE, COLORADO 81650
FAX (970) 625-2773 SURVEY SERVICES, INC. PH. (970) 625-1330 JOB NO: 01073.01
•
•
PARCH,'L H -SMITH
SUHDI VISION 14,XH,'MPTION
NOTE: USGS QUAD MAP GIBSON GULCH 40' CONTOURS
LOT: 5.100 ACRES
BUILDING ENVELOPE: 2.161 ACRES AVERAGE SLOPE: 20%
BOOKCLIFF SURVEY SERVICES, INC.
136 EAST THIRD STREET DATE: JANUARY 17, 2002
BOOKCLIFF RIFLE, COLORADO 81650
SURVEY SERVICES, INC PH. (970) 625-1330 JOB NO: 07073.01
FAX (970) 625-2773
PARC»,'L C - SMITH
SUBDIVISION H,XH,'MPTION
NOTE: USGS QUAD MAP GIBSON GULCH 40' CONTOURS
LOT: 5.063 ACRES
BUILDING ENVELOPE: 1.834 ACRES AVERAGE SLOPE: 157.
BOOKCLIFF SURVEY SERVICES, INC.
136 EAST THIRD STREET DATE:
BOOKCLIFF RIFLE, COLORA DO 81650
SURVEY SERVICES, INC. H. (9
X 0 bis z �0
JANUARY 17, 2002
JOB NO: 01073.01
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F(- NO. : 970 945 6159 �ec. 2 1 02:44PM P
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8611 CouN7Y RD. 117
GLENWOOD SPf.INQS, C0 81E301
(970) 945-8159
May 31 , 2001
Ed Smith
C/o Wild Card Saloon
Denver Co.
Attn: Ed,
A four hour pump test ,ras performed on property located at'4300
313 Rd. or East Divide Creek. The follooing information aas obtained:
Wel). Depth: 60'
Water Level: 16'1"
Draxdoan: g'
Sustained Yeild: 15 GPM
Clarity: Clear
Bacteria Sample: Sent To GJ tab
Recovery 95% hithin 12 minutes
If you have any questions:, please call 945-6159. Thank You.
& M Pump Co
171/ I
Richard A. Holub
Lic. No 1196
Form No. OFFICE OF THE IIIATE ENGINEER
GWS -25 COLORADO DIVI Kg N OF WATER RESqu,
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 ? )
APPLICANT
LEE A. SMITH
4300 CTY RD. 313
NEW CASTLE, CO 81647-
(970) 618-6928
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 230004
DIV 5 WD 45 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 22
Township 7 S Range 91 W Sixth P.M.
DISTANCES FROM SECTION LINES
2590 Ft. from South Section Line
100 Ft. from West 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 this 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 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 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NW
1/4, SW 1/4, Sec. 22, Twp. 7 S, Rng. 91 W, Sixth P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
v
APPROVED
SAP
Receipt No. 9500336
State Engineer
,vf 6);352A --
DATE ISSUED DEC 0 9 no / BEXPIRATION DATE fc-
Reception No. 467 1 Recorder
Recorded at 3 o'clock k.M. , AUG 1 6 lgg
GARFiELD
State Doc. FeeBnGK0912 . �� : 51 9
SPECIAL WARRANTY DEED
AUG 1 1-1994
THIS DEED, Made this 1st day of June, 1994, between LILLIAN- B . READ, formerly
known as Lillian B . Smith, of the County of Arapahoe, State of Colorado, grantor
and BARBARA F. WILLIAMS, JAMES D. SMITH, LEE A. SMITH and EDWARD E.
SMITH,whose legal address is #65 Hideaway Circle Road, Evergreen, Colorado
80439, of the County of Clear Creek, State of Colorado, grantees:
WITNESSETH, That the grantor, for and in consideration of the sum of TEN
DOLLARS, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey, and confirm, unto the
grantees, their heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Garfield, State of
Colorado, described as follows:
All right, title and interest granted or evidenced by that certain
Memorandum of Agreement recorded July 16, 1970, Reception No.
246912, at Book 411, Page 515 of the Garfield County real estate records
and concerning the following property:
Parcel #1: One-half of all the oil, gas, minerals and mineral
rights lying upon or under the E 1/2 of the NW 1/4, the
W 1/2 of the NE 1/4, the SE 1/4 of the NE 1/4 of Section 19,
Township 7 South, Range 91 West of the 6th P.M.
Parcel #2: The SE 1/4 of the NW 1/4, the NE 1/4 of the SW
1/4, the N 1/2 of the SE 1/4, and the SW 1/4 of the NE 1/4
of Section 21, Township 7 South, Range 91 West of the 6th
P.M
Parcel #3: The SE 1/4 of NE 1/4 of Section 21, the S 1/2 of
NW 1/4, the SW 1/4 of the NE 1/4 and the SW 1/4 of Section
22, and the W 1/2 of the SW 1/4 of Section 26, and the N 1/2
of the NW 1/4, and the SE 1/4 of Section 27, and the W 1/2
of the NW 1/4 of Section 35, all in Township 7 South, Range
91 West of the 6th P.M.;
together with all existing oil, gas, minerals and mineral
rights lying upon or under said lands (containing 927 acres
more or less) ;
and together with all public domain allotment and forest
grazing permits used in connection with said lands
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder
and remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with
the appurtenances, unto the grantees, their heirs and assigns forever. The
grantor, for herself, her heirs and personal representatives, does covenant and
agree that she shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantees, their heirs and
assigns, against all and every person or persons lawfully claiming the whole or any
part thereof, by, through or under the grantor.
TN WTTNFSS WHEREOF. the grantor has executed this deed on the date set
forth above.
L llian B . Read,
formerly known as Lillian B . Smith
STATE OF COLORADO )
) ss.
COUNTY OF AC« ;.,h ee )
The foregoing instrument was acknowledged before me this day of June,
1994, by Lillian B . Read, formerly known as Lillian B. Smith. Witness my hand and
official seal. My commission expires: ,Ju..c .1a , ►qq .
6 5 [.iu ow , ed)
(e) 3�
Anlik-a(\
:ary Public ' ��
WARRANTY DEED
THIS DEED, Made this 22 day of March 19 9 7
between
JAMES D. SMITH, A Single Person
of the
County of Adams , State of Colorado, grantors) and
DARLENE I. PLENDL
whose legal address is
3171 Uvalde
Aurora, CO 80011
of the County of Adams , State of Colorado, grantee(s):
WITNESSETH, That the grantor(s), for and in consideration of the sum of ONE AND NO/100 ($1.00
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged. haS granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey, and confirm, unto the grantee(s), her heirs and assigns forever, all the real property, together with
improvements. if any, situate, lying and being in the County of Garfield , State of Colorado,
described as follows:
All of Grantors undivided interest in the following real property:
SEE ATTACHED EXHIBIT "A"
also known by street and number as:
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and thc reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of
the grantor(s), either in law or equity, of, in and to the above bargained premises, with thc hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), her heirs
and assigns forever. And the grantor(s), for sel heirs and personal representatives, do covenant, grant,
bargain, and agree to and with the grantee(s), her heirs and assigns, that al the time of the ensealing and delivery of these presents,
well seized of the premises above conveyed, ha S good, sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same arc free and clear from all former and other grants. bargains, sales, liens, taxes, assessments, encumbrances, and
restrictions of whatever kind or nature soever, except
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession
of the grantee(s), her heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF. the grantor(s) haS executed this deed on the date s rth above. g
J.AMEZ'D. SMITH
STATE OF COLORADO
County of Adams 1
The foregoing instrument was acknowledged before me this -i . -" " day of Mar ch
J1 JAMES D. SMITH, A Single Person.
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If in Denver, insert "City and"
Witness my hand and official seal.
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Notary Pablle
Name and Address of Person Creating Newly Created Legal Description (I 38-35-106.5, CR.S_)
NG 9112. Rev- 6-92. WARRANTI DEED (Fur Photographic Record) -
i•1: ' 1 Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292-2500 — 12-92
FROM : J&M PUMP COMPANY
• FAX NO. : 970 945 6159 • Jan. 15 2002 02:34PM P1
ci JI L ?cunp C atnp
b'611 Cain Road 117
Vottattad Spring., et 81601
P oa s: 97D-945-6159
etIt 970-9454159
5aL 970-9454159
TO: Ed Smith
C/O Wild Card Saloon
Denver Co.
DATE: May 31, 2001
RE: Well Test
Attn: Ed
This well is adequate for three tots of development of single family dwellings
If you have any further questions please call Rick at 945-6159.
Thank You!
wrzi
don
//99
Send to:
Division of Water Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Fax: 303-866-3589
Phone: 303-866-3581
OWNER'S NOTICE OF CONSTRUCTED WELL
Construction of my well under Permit No.
completed on /V02 yi 66
(month) (day) (year)
was
The well was constructed by: S e /
(drilling contractor)
If the pumping equipment has been installed
The pump was installed in my well by:
on
(month) (day)
(year)
pump contractor
Signed:
Date:
Comments:
• •
BUILDING & PLANNING DEPARTMENT
Edward G. Smith
65 Hideaway Circle
Evergreen, CO 80439-4816
RE: E.E. Smith SB 35 Exemption
Dear Mr. Smith:
After reviewing the file for the Smith Subdivision Exemption request, I cannot find any record of the
approval being modified. To amend the approval, it would be necessary to go back to a public hearing
and have the Board of County Commissioners change the conditions of approval. Your request to
exempt from the definition of a subdivision three parcels of land 2.0, 5.0 and 2.48 acres in size was
approved by the Garfield County Board of County Commissioners on February 20, 2001, with a
number of conditions of approval. The approval was subject to you meeting the following conditions,
to which I have noted the status in bold type:
1. All representations by the applicant whether written or spoken shall be considered conditions
of approval. Standard condition of approval
2. All school site acquisition fees will be paid and a copy of the receipt made part of this file.
Check no. 11015 covers these costs.
3. All road impacts fees will be paid and made part of this file. No fees are applicable
4. Prior to signing of the Exemption Plat the applicant will show proof that they have applied to
the proper agency for well permits or that a legal entity has been created to share the water
from the existing wells on the property and the ditch water rights. All wells will meet the
following criteria:
a. That a four hour pump test be performed on the well to be used; Done
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level; Done
c. The results of the four hour pump test indicating the pumping rate in gallons per minute
and information showing down draw and recharge; Done
d. A written opinion of the person conducting the well test that this well should be adequate
to supply to the number of proposed lots; Done
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day; Done
f. The water quality be tested by an approved laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids; Only the bacteria done
g. A water sharing agreement will be filed with the exemption plat that defines the right of
the property owners to water from the well. No agreement presented
5. Prior to approval of an exemption plat, the applicant shall demonstrate that there is a building
envelope meeting the criteria identified in Section 5.04 of the zoning resolution. The building
envelope will be determined by a surveyor and certified by the surveyor . No building
envelopes as required by Section 5.04 (attached) are shown on the plat.
109 8th Street, Suite 303, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
6. Plat Notes: The follow issues will need to be included in thelvenants of the proposed
subdivision:
" No open hearth, solid -fuel fireplaces are allowed anywhere within this subdivision
exemption. One (1) new solid -fuel burning stove, as defined by C.R.S. 25-7-401, et. seq.,
and the regulations promulgated there under, shall be allowed in any dwelling unit. All
dwelling units shall be allowed an unrestricted number of natural gas burning stoves and
appliances." Modified note is acceptable stating just "gas burning stoves...."
" All exterior lighting shall be directed inward, towards the interior of the subdivision."
Done
"The property in question does not own all of the mineral rights and a mineral rights owner
has the nght to access the property for the purpose of extracting mineral rights, subject to
the appropriate local, state and federal regulations." Done
7. Parcels A and B will have a common boundary line taking into account the private road to
Gibson Gulch. The proposed plat does not meet this requirement.
8. There will be no further Exemptions for this property. Noted
I would also like to note that the proposed plat contains language for the dedication of the County
Road 313 through the_property. Due to the non-compliance with Condition No. 7, the dedication is
not acceptable to the County. Additionally the Couny would rather have a deed quit claiming the
roadway to the County and the plat graphically showing the roadway being separate.
Once this information is submitted to this office, you can complete the exemption process. If you have
any other questions about this letter or the contact, you may call or write to this office.
Sincerely,
tft,„
Mark L. Bean, Director
Building & Planning Department
Attachments
• •
Garfield County Surveyor's Office
Samuel Phelps - Colorado Registered Professional Land Surveyor No. 27613
Thursday, February 21, 2002
Mr. Mark Bean, Director
Garfield County Planning Dept.
109 Eighth Street
Glenwood Springs, CO.
81601
Re: Plat review of the Smith Subdivision Exemption Plat.
Dear Mark;
I have reviewed the above referenced exemption plat and note the following comments or
corrections to be made to this plat prior to approval for survey content and form:
1. The acreage of the remaining "parent parcel" should be noted on the plat.
Samuel Phelps
As Garfield County Surveyor
GARFIELD COUNTY COURTHOUSE BUILDING
1 09 EIGHTH STREET, SUITE No. 207
GLENWOOD SPRINGS, CO. 81601
Garfield County
February 25, 2002
Invoice Re: Smith Exemption
Bill to: Edward G. Smith
65 Hideaway Circle
Evergreen, CO 80439-4816
BUILDING & PLANNING DEPARTMENT
Invoice for services rendered on February 21, 2002 for review of the Smith
Subdivision Exemption Plat, by the County Surveyor.
Labor $40.00
Please make check payable to the Garfield County Treasurer and mail to the
Garfield County Planning Department at 109 8th Street, Suite 303,
Glenwood Springs, CO 81601.
I have enclosed a copy of the invoice for your review. If you have any
questions please feel free to call.
Sincerely,
„dr,
Cathi EdingerU
Planning Technician
cc: Mark Bean
Enclosure
109 8th Street, Suite 303, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
RIVED FEB 2 �'
2(102
•
Garfield County Surveyor's Office
Samuel Phelps - Colorado Registered Professional Land Surveyor No. 27613
Plat Review Invoice
Thursday, February 21, 2002
Mr. Mark Bean, Director
Garfield County Planning Dept.
109 Eighth Street
Glenwood Springs, CO.
81601
Dear Mark;
I have reviewed the "Smith Subdivision Exemption Plat" and request that you collect a fee
of $40.00 for this review.
Should you have any questions regarding this matter, please feel free to contact me at your
convenience.
Samuel Phelps
As Garfield County Surveyor
GARFIELD COUNTY COURTHOUSE BUILDING
1 09 EIGHTH ST., SUITE NO. 207
GLENWOOD SPRINGS, CO. 81601
PRIVATE OFFICE
61 3 1sT STREET, P.O. BOX 826
NEW CASTLE, CO. B 1 647-0826
Ph. 970-984-9119 Fax 970-984-3993
•
G,ARFIELD COUNTY
Building and Planning Department
October 15, 2001
Mr. Robert Ramsey
P.O. Box 430
New Castle, CO 81647
RE: Edward Smith Exemption
Dear Bob:
As you may or may not be aware, Greg Butler is no longer employed by this office. As a
result, I am the planner who will be handling the Smith Exemption file.
Michael from Bookcliff Surveying has made recent inquiries to this office regarding the
Smith Exemption. It has come to my attention that the Smith Exemption Approval expired
on June 20th, 2001, 120 days after the public hearing on 2/20/01. Mr. Butler previously wrote
you a letter, which emphasized that the approval would expire in 120 days according to
Section 8:33 of the Garfield County code (see enclosed). I regret to bring this matter to your
attention, but have done so immediately upon discovery of the problem.
Since the approval has expired, this exemption process can not be completed. The applicant
always has the option of making a new application, and essentially starting the entire process
over. Please do not hesitate to contact me in the event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
Cc: Mr. Edward Smith
Michael, Bookcliff Surveying
Cathi Edinger, Office Manager
Tel: 945-8212/Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601
Robert W. Ramsey
PO Box 430
New Castle, CO. 81647
RE: EE Smith SB 35 Exemption
Dear Mr. Ramsey:
Garfield County
Building & Planning Department
February 20, 2001
Your request to exempt from the definition of a subdivision three parcels of land consisting of two, five
acre parcels of land and one parcel, 2.48 acres in size was approved by the Garfield County Board of
County Commissioners on February 20, 2001. Part of this approval is the following conditions:
1. All representations by the applicant whether written or spoken shall be considered conditions of
approval.
2. All school site acquisition fees will be paid and a copy of the receipt made part of this file.
3. All road impacts fees will be paid and made part of this file.
4. Prior to signing of the Exemption Plat the applicant will show proof that they have applied to the
proper agency for well permits or that a legal entity has been created to share the water from the
existing wells on the property and the ditch water rights. All wells will meet the following criteria:
a. That a four hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four hour pump test indicating the pumping rate in gallons per minute
and information showing down draw and recharge;
d. A written opinion of the person conducting the well test that this well should be adequate
to supply to the number of proposed lots;
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality be tested by an approved laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
g. A water sharing agreement will be filed with the exemption plat that defines the right of
the property owners to water from the well.
5. Prior to approval of an exemption plat, the applicant shall demonstrate that there is a building
envelope meeting the criteria identified in Section 5.04 of the zoning resolution. The building
envelope will be determined by a surveyor and certified by the surveyor.
6. Plat Notes: The following issues will need to be included in the covenants of the proposed
subdivision:
" No open hearth, solid -fuel fireplaces are allowed anywhere within this subdivision
exemption. One (1) new solid -fuel burning stove, as defined by C.R.S. 25-7-401, et. seq.,
and the regulations promulgated there under, shall be allowed in any dwelling unit. All
dwelling units shall be allowed an unrestricted number of natural gas burning stoves and
appliances."
" All exterior lighting shall be directed inward, towards the interior of the subdivision."
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
"The property in question does not own all of the mineral rights and a mineral rights
owner has the right to access the property for the purpose of extracting mineral rights,
subject to the appropriate local, state and federal regulations."
7. Parcels A and B will have a common boundary line taking into account the private road to Gibson
Gulch.
8. There will be no further Exemptions for this property.
I have attached an original Staff Report and Comment; as you can see conditions of approval items 6 and 7
have been deleted and the modified conditions shown are shown here as 7 and 8. Also attached is Section 8
Exemption from the Garfield County Subdivision Regulations; I call your attention to that part of Section
8:33 that gives the applicant 120 days from the time of the hearing to have a plat map available to the
Commissioners for signature.
Please do not hesitate to call this office if we can be of further assistance.
Cordially,
GARFIELD COUNTY LANNING DEPARTMENT
r. Planner
Attachments
• •
Owners of record of land immediately adjoining and within 200 feet of
the proposed exemption:
1. Edward E. and Shirley J. Smith
65 Hideaway Circle
Evergreen, CO 80439-4816
2. June Anita and John Rogers
5101 Mountain View Road
Hughson, CA 95326-9388
3. Wellie D. and Maebelle Tomlinson
3369 County Road 313
New Castle, CO 81647-9652
4. Bureau of Land Management
P.O. Box 1009
Glenwood Springs, CO 81602
• •
Mineral owners and lessees of minerals owners of record of the
property to be exempted:
1. Edward E. and Shirley J. Smith
65 Hideaway Circle
Evergreen, CO 80439-4816
2. Barbara F. Williams
623 Wood Street
Fort Collins, CO 80521
3. Lee A. Smith
4000 County Road 313
New Castle, CO 81647
4. Darlene J. Plendl
3171 Uvalda
Aurora, CO 80011
[NOTE: The inclusion of Ms. Plendl in this list is for purposes of
completeness only, pursuant to the rules of petition for exemption, and is not
to be construed as an admission or affirmation of the legitimacy of Ms.
Plendl's ownership of any mineral rights, or any other property rights, by any
party to this petition for exemption].
• •
REPORT DATE 09/12/00 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT
9114462 / / / / / / 000000 CD CD CD
DIV CO FILE NUMBER WD BAS MD NAME
5 23 90723 45 99 00 ROGERS JOHN S
ADDRESS ADDRESS2 CITY ST
USAF ACDMY QTRS 4303A USAF ACDMY CO
ZIP - EXT PHONE
80840 0000 ( ) -
Q10 040 Q160 SEC TWNSHP RANGE PM
NE NE 20 7 S 91 W S
CASE NUM USES DRLR PUMP INST COORDINATES
8 N/S 690 N E/W 1046 E
LOT BLK FLG
SUBDIVISION REPT -- WELL -- COMP REPT -- PUMP -- COMP
/ / DATE / / / / DATE / /
COMMENTS ENG USER
NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP
--DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE
/ / / / / / 09/04/77 / / / / / /
ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD
130 2.50 75
EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE
/ / ( ) (1) (2)
• •
REPORT DATE 09/12/00 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT
392371 10/23/95 / / 11/17/95 026941MH CD WA CD NP CD
DIV CO FILE NUMBER
5 23 191374
ADDRESS
BOX 1927
WD BAS MD NAME
45 00 00 BARK BRIAN
ZIP - EXT PHONE
81602 ( 970)379-4289
ADDRESS2
CITY ST
GLENWOOD SPRGS CO
Q10 Q40 0160 SEC TWNSHP RANGE PM
SE NE 23 7 S 91 W S
CASE NUM USES DRLR PUMP INST COORDINATES
89L 1027 N/S 2200 N E/W 4520 W
SUBDIVISION
LOT BLK FLG
REPT -- WELL -- COMP REPT -- PUMP -- COMP
03/11/96 DATE 01/10/96 / / DATE / /
COMMENTS
3SFD, 1 AC IRR, STOCK, ONLY WELL ON 40 AC
NWC RECD NBU RECD SBU RECD
--DATE-- --DATE----DATE--
/ / / / / /
ACRE -FT TOP/PERF/BOT DEPTH
27 44 44
BENEF USE AMENDED
--DATE----DATE--
/ / / /
ENG USER
JD2 NLH
RECD -ABAND-- COMP
--DATE-- --DATE
/ / / /
YIELD LEVEL ELEV METER LOG ABAND REQD
21.00 16 7250
EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE
11/17/97 (6023) 00000 (1) GW (2)
• •
REPORT DATE 09/12/00 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT
352537 05/05/93 / / 05/24/93 113786
CD WA CD NP CD
DIV CO FILE NUMBER WD BAS MD NAME
5 23 170152 45 00 00 SMITH EDWARD E & SHIRLEY J
ADDRESS ADDRESS2 CITY ST
#65 HIDEAWAY CREEK RD EVERGREEN CO
ZIP - EXT PHONE 010 Q40 0160 SEC TWNSHP RANGE PM
80439 0000 ( 303)674-5331 NE NE 22 7 S 91 W S
CASE NUM USES DRLR PUMP INST COORDINATES
88CW297 8 L 1235 N/S 800 N E/W 1000 E
LOT BLK FLG
SUBDIVISION REPT -- WELL -- COMP REPT -- PUMP -- COMP
10/22/93 DATE 09/16/93 / / DATE / /
COMMENTS ENG USER
3 SF, 1 AC IRR, STOCK, ONLY WELL ON 40 ACRES BEING W/2,E/2, NE/4 JD2 NLH
NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP
--DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE
/ / / / / / / / / / / / / /
ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD
70 170 170 4.00 58 6950
EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE
05/24/95 (6023) 00000 (1) GW (2) R & M WELL
• •
Garfield County Department of Building and Planning
109 8`h Street, Suite 303
Glenwood Springs, CO 81601
Dear Sir/ Ma'am:
I have reviewed the sketch map regarding the petition for exemption to subdivision
regulations of Edward E. Smith, et al, for the property located on County Road 313, East
Divide Creek, New Castle, Colorado. It is my understanding that the existing property is
proposed to be divided to create three new parcels of 5 acres +/- each for the purpose of
providing building sites for family members.
Based upon that review, the Burning Mountain Fire Protection District does not have any
mandatory requirements regarding fire protection for that number of parcels of that size
in that location.
Mr. Robert W. Ramsey is assisting in the application under discussion. Mr. Ramsey and
I have discussed various steps that a homeowner might take to protect his home from fire
and Mr. Ramsey agrees to discuss the same with Mr. Edward E. Smith, the petitioner. As
I indicated, these steps are voluntary and not mandatory for the proposed division.
If I may be of further assistance in this matter, please do not hesitate to contact me.
Submitted this
Very Truly Yours,
day of , 2000.
Don Zordel
Fire Chief
Burning Mountain Fire Protection District
P.O. Box 2
Silt, CO 81652
(970) 984-2943
4V -TO-
R 1111F ,° /tt-
Sr1c /p
/2-
14
is on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,500 feet. This soil formed in alluvium
derived from red -bed sandstone and shale. The average
annual precipitation is about 15 inches, the average
annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is red or yellowish red
sandy loam about 10 inches thick. The substratum is
yellowish red stony sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney and Ascalon soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is 60 inches.
Surface runoff is moderate, and the erosion hazard is
severe.
This soil is used mainly for irrigated pasture and hay
and for grazing.
Flooding and sprinklers are suitable for irrigating this
soil. This soil is droughty and needs frequent irrigation to
mature crops. Controlling the rate of water application
reduces piping and erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush is often necessary to improve dete-
riorated range. Seeding improves range in poor condi-
tion. Crested wheatgrass, western wheatgrass, and Rus-
sian wildrye are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices.
Cottontail rabbit, squirrel, mourning dove, chukar, and
some mule deer find habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by large stones,
seepage, and steep slopes.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
ucklon-Inchau loams, 25 to 50 percent
es. These moderately sloping to very steep soils are
on ridges and mountainsides. Elevation ranges from
7,000 to 9,500 feet. These soils formed in sandstone
and shale residuum. The average annual precipitation is
about 18 inches, the average annual air temperature is
about 40 degrees F, and the average frost -free period is
less than 75 days.
The Buckton soil makes up about 55 percent of the
map unit, and the Inchau soil makes up about 35 per-
cent. The Buckton soil is on the more steep, convex
parts of the landscape, and the Inchau soil is on the
slightly concave parts.
The Buckton soil is shallow and well drained. An or-
ganic layer is on the surface in some areas. Typically,
SOIL SURVEY
the surfacelayerisTdark grayish brown loam about 5
inches thick. The underlying material is dark grayish
brown clay loam and grayish brown loam about 10
inches thick. Shale and sandstone bedrock is at a depth
of 15 inches.
Permeability of the Buckton soil is slow above bed-
rock. Available water capacity is very low. Effective root-
ing depth is about 10 to 20 inches. Surface runoff is
medium, and the erosion hazard is severe.
The Inchau soil is moderately deep and well drained.
An organic layer is on the surface in some areas. Typi-
cally, the surface layer is grayish brown loam about 3
inches thick. The upper part of the subsoil is dark gray-
ish brown and yellowish brown clay loam about 15
inches thick, and the lower part is yellowish brown grav-
elly clay loam about 18 inches thick. Sandstone and
shale bedrock is at a depth of 36 inches.
Permeability of the lnchau soil is moderate above bed-
rock, and available water capacity is moderate. Effective
rooting depth is 20 to 40 inches. Surface runoff is
medium, and the erosion hazard is severe.
Included with these soils in mapping are small areas of
Cochetopa, Cimarron, and Jerry soils. The Cochetopa
and Jerry soils have slopes of 25 to 50 percent. The
Cimarron soils are in small drainageways and have
slopes of 2 to 12 percent. These areas make up 5 to 10
percent of the map unit.
These soils are used mainly for wildlife habitat and
limited grazing.
The native vegetation on these soils is mainly Gambel
oak, elk sedge, and bromes.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, Kentucky
bluegrass, undesirable weeds, and annual plants are nu-
merous. Properly managing grazing maintains and im-
proves range condition.
Mule deer, elk, snowshoe rabbit, squirrel, and blue
grouse find habitat on these soils.
Community development is limited by steep slopes,
depth to rock, and low strength.
This complex is in capability subclass Vlls, nonirrigat-
ed.
13—Chilton channery loam, 3 to 6 percent slopes.
This deep, well drained, gently sloping soil is on alluvial
fans and sides of valleys. Elevation ranges from 5,000 to
6,500 feet. This soil formed in alluvium derived from red -
bed shale and sandstone. The average annual precipita-
tion is about 14 inches, the average annual air tempera-
ture is about 46 degrees F, and the average frost -free
period is about 120 days.
Typically, the surface layer is reddish brown channery
loam about 13 inches thick. The substratum is reddish
brown, light brown, and pink very channery sandy loam
and very cobbly sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Begay and Morval soils. The Begay soils have slopes of
This letter is notification that Robert Ramsey is authorized to do the initial processing of
dividing off 4 parcels for the four children who present own the Smith Bear Pen Ranch at
4000 313 road New Castle, Colorado.
if you have any questions, please call me at 303-674-5331.
Thank you,
Edward E. Smith.
•
Garfield County Department of Planning and Building
109 8th Street, Suite 303
Glenwood Springs, CO 81601
•
itEc
LVED PH) ; 9 ^r"4
LI I
RE: EDWARD E. SMITH SB -35 PETITION FOR EXEMPTION TO
SUBDIVISION REGULATIONS.
The attached lists are revised and contain:
1) The names and addresses of all owners of property within 200 feet of the proposed
SB -35 petition for exemption of Edward E. Smith, and;
2) The names and addresses of all mineral owners and lessees of minerals of record of
the property to be exempted.
Respectfully submitted this day of , 2001, by:
Robert W. Ramsey
I
Owners of land immediately adjoining and within 200 feet of the
proposed exemption, mineral owners and lessees of minerals of record:
1. Edward E. and Shirley J. Smith
65 Hideaway Circle
Evergreen, CO 80439-4816
2. June Anita and John Rogers
5101 Mountain View Road
Hughson, CA 95326-9388
3. Bureau of Land Management
P.O. Box 1009
Glenwood Springs, CO 81602
4. Barbara F. Williams
623 Wood Street
Fort Collins, CO 80521
5. Lee A. Smith
4000 County Road 313
New Castle, CO 81647
6. Darlene J. Plendl
3171 Uvalda
Aurora, CO 80011
[NOTICE: The inclusion of Ms. Plendl in this list is for the precautionary
purpose of completeness pursuant to the rules of petition for exemption only,
and is not to be construed as an admission or affirmation of any party to this
petition for exemption of the legitimacy of Ms. Plendl's ownership of any
mineral, gas or oil rights, or any other property rights].
7. Porter H. Byers and Charles A. Byers
27430 Road H #6
Cortez, CO 81321-9140
8. Shirley L. Sullivan
120 E. Blue Spruce Ct.
Highlands Ranch, CO 80126-2292
• e
9. Ruth E. Arnold
c/o Joseph Charles Arnold
555 E. !Oth Avenue, Apt. 309
Denver, CO 80203-3265
10. Kinney Oil Company
P.O. Box 3086
Denver, CO 80202
11. Kinney Oil Company
1401 Seventeenth Street, Suite 870
Denver, CO 80202
12. Antara Resources
C/O Ken Andrews and Company
P.O. Box 870849
Mesquite TX 75187-0849