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1.0 Application
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant .to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Peter Sabi,l a respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a 96 10-36-36 and 14 acre tract of land into 4 tracts of approximately _ acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: A boundary line adjustment on the Easterly 10 acres split by Resolution 82.21, (2) 36 acre parcels allowed by SB -35, and a 14 acre parcel which will allow owner access to a 2 acre Eagle Sanctuary. SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch neap 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; B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a 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 2.00 feet of the proposed exemption, mineral owners and lessees ofmineral 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 of 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 I. 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. J. A $300.00 fee must be submitted with the application. Pet loner Peter Sahula 0099 Knight Road Mailing Address Basalt City (970) 927-3475 Colorado 81621 State Telephone Number • • EXEMPTION APPLICABILITY 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, 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 natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and Fire protection has been approved by the appropriate fire district; and i B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30 days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. 777777----7 .2:72X1 /9 • G�U,e.E'r.A/T LEGAL dESeiC'//'%/D� OF .mit/ 77,e e- /`9h`.t°CeW EXHIBIT "A" A parcel of land situated in Lots 2, 3, 4, 5, 8, the E1/2NE1/4 and a portion of meander lands in Section 30, Township 6 South, Range 94 West and in Lot 1, the SE1/4NE1/4 and a portion of meander lands in Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian lying southerly of the Southerly right-of-way of the Denver & Rio Grande Railroad, easterly of the easterly right-of-way of County Road No. 323 and northerly of the centerline of the Colorado River as shown on a map prepared by Scarrow & Walker, Inc., dated 1973-74, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 30, a rebar and cap L.S. #17662 in place (all bearings contained herein are based on a bearing of S.00°37'26"E. between the Northwest Corner of Section 30, a 1913 G.L.O. Brass Cap in place and the West Quarter Corner of said Section 30, a rebar and cap L.S. ,#17662 in Place); thence S.00°26'31"E. along the westerly line of said Section 30, 516.31 feet to a point on the centerline of the Colorado River, the TRUE POINT OF BEGINNING; thence South 66°22'32" West along said centerline 204.67 feet to a point on the easterly right of way of County Road No. 323 as shown on Colorado Department of Highways Map (No. I -70-I(45) Section 3, Sheet No. 4); thence North 10°49'34" West along said easterly right of way 134.10 feet; thence continuing along said easterly right of way along the arc of a curve to the left having a radius of 603.45 feet and a central angle of 06°30'00", a distance of 68.46 feet (chord bears North 14°04'34" West 68.42 feet) to the Southwest Corner of Reception No 323647, a rebar and cap L. S. No. 17662 in place; thence North 17°19'34" West along the westerly line of said Reception No. 323647, 473.77 feet to a point on the southerly right of way of the Denver & Rio Grande Railroad, a rebar and copy L. S. ;17662 in place; thence North 54°52'12" East along said southerly right of way 1642.98 feet; thence continuing along said right of way along the arc of a nontangent curve to the right having a radius of 2804.93 feet and a central angle of 37°02'00", a distance of 1812.97 feet (chord bears North 83°49'58" East 1781.58 feet); thence continuing along said right of way South 69°26'28" East 2268.38 feet to a point on the easterly line of said Section 30; thence South 01°23'34" East along said easterly line 855.81 feet to the Northeast Corner of Reception No. 312223; thence leaving said Section Line South 88°36'26' West along the northerly line of said Reception No. 312223, 271.22 feet to the Northwest Corner of said Reception No. 312223; thence South 01°23'34" East along the westerly line of said Reception No. 312223, 235.90 feet to a point on the centerline of the Colorado River; thence the following seven (7) courses along said centerline: 1.) North 51°29'28" West 241.46 feet; 2.) North 46°35'28" West 525.00 feet; 3.) North 73°24'28" West 2291.00 feet; 4.) South 83°00'32" West 1249.00 feet; 5.) South 50°07'32" West 588.00 feet; 6.) South 11°13'32" West 417.43 feet; 7.) South 66°22'32" West 93.50 feet to the TRUE POINT OF BEGINNING. 1 4 e2. L .TPL/T' ,8 y /PesoLc) 77o,c) EXHIBIT A That portion of the East One-half of Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian, and that portion of the West One-half of Section 30, Township 6 South, Range 94 West of the Sixth Principal Meridian, Garfield County, Colorado, described as follows: Considering the East line of the Northeast Quarter of Section 25 as bearing South O1°03'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 25, as monumented with a brass cap; thence along said East line of the Northeast Quarter of Section 25 South 01°C3'00" East 2308.42 feet to the Southerly right of way line of the Denver & Rio Grande Western Railroad and the TRUE POINT OF BEGINNING; thence along said railroad right of way line North 54°26'38" East 809.11 feet; thence leaving said railroad right of way South 35°33'22" East 261.19 feet; thence South 42°09'50" West 162.12 feet; thence South 60°57'05" West 217.26 feet; thence South 47°30'43" West 239.85 feet; thence South 43°33'29" West 799.98 feet to the Easterly right of way line of the Rulison Interchange of Interstate Highway 70; thence along said right of way line North 17°45'08" West 473.77 feet to said Southerly right of way line of the Denver & Rio Grande Western Railroad; thence along said right of way line North 54°26'38" East 443.98 feet to the TRUE POINT OF BEGINNING. Containing 10 acres, more or less. 'oda S uth a n - F\\�' - `i • • - \ r beer • \ •N 0 \,+-� \� SO • • fry _ tel^ 4"h 11 I a,P i 1 `�I� •- - a .1.1 c „ -•1 _ = ,r t,. \�•19 L--0 a 2 2 saF¢' r . , LI o= w'm Fl L, 0 0 00 4,, r r, - r G n n F F w C r- 4-1 —1 r +- • on11. X11 II ' ..�r0,� j /1 + j f. -..\--I - J >r0 \ )i 1 t*7 I_ I$ f 11J , WO dwe� -o +-,tl• 0-1.+—,V"\--- - --1- 1v\ J P ,.;° 111 l\ JV • C' • \I_ I �oal`.%6 c \I 0�. ca\ 1 _ _ +-j: +�0 ; .7.. -. oe, C '• • 401fi`J _ �ez1e8 ) ; !':C>..7 O I..0 A. •1: 09 Nr:l D i •r iiii • 7 iI-a_ ° -. �e w I .•'D ' 01 Q re, • I �� O 1 i - - ` A •• x 4- 1 + -i r I -8 Km 1 •I "1-c 1 • --1 1 I - Porcupins • 3 y 'yr) N 1 3• to + -4- • td'n xs` Creek w \ Tg Mesa • 4.4 — =� c • 3 • • C-) 0 8 " b fl Eli '11 r 0 satavineiai ow nania 00ve0103 e. 0 D - 0 8 v MFG. a sa €; ire;' 'WARRANTY Dab- nfS DEFA, Made 22nd apy of July ANVIL•POINTS PROPERTIES,. LTD.. ,. 1988,4,,,,p, A-Colotitdo General Partnership of the - aCoostyd Denver. � Sh�oGviq/� 0101.1fesh1jP e, eoP y of &�D tot and slots of Colorado, gr.n:ca. and PETER SAHULA wA,,wktdadthasi, 0099 Knight Road, Basalt, Colorado 81621 of life County of wnisineer H. That the pans hw rd is eauilennua rd the welt of Fifty Thousand and no/100 sad sue of Cobad," Faeroe: the oceip and suftctctry of ad it* n hneby utmorkdged. tr, pasted. briauaW. mad rd nottvry std cotthna, won the pnneec. hie heirs Mild raipy Imam ail dw Tee progeny mothered* caumyof Garfield - ..:,Ina SEE EXHIBIT'"A' ATTACHED HERETO DOLLARS, adbjMisae ptews, Jr a vast. bQfaia, seg. !atf✓____ti frimiAwaae,tyingaadhastinthe tt[rieeNits.irid as foam*: THEREOF afn?c.f Stili*txra;e $`t ed'o,.Rjwe,aety d 411e4 l r; Tt w , i' 'r � + ��+4 i 4 ; , .. T r 'int T rax ■tFa OGE7RRR *i h ill and sbttalr"the v li aWtshtpaCto dttilsa bttietglet�, monks' temandtte sod Temetieheiierti.,hawu+ a,��p ycz- C yhe PRINK " , t.�pg ,;.5!•c'1 ' 'g!' gres ,ehher"Inlawttr'egaity of let bi t ;►&Athebrtedierwesetold tm . SrN�D n. 7O pAV6 �teA 1K3 HOLD ttbo tf hart d�id tlwatihat, welt dee t filRYCriatilill ppinrlbrtal tkliielrotkblipirintd4eseatNiw+xdosscaea.te, rat,> IN 4 r: tastes. that etthethirofthe eb.eatheiAnd dehcryodtiros praisers. Its kwtli/ewo of the sdeai ` ` at ,r Weibull*aweofinherioutet litieeOR eietilbwrAQdii*, t " M .3Lz�x... �.�" ierd'' etarvat4oi; f an a,Ns her Stall 'FM WAi.-. • P+T AND l+f3fis 1'F1i DEFEND hi hmasd:.iiata'tg■1atall aadeveryPoaosy++noos pd'ifiie�aiiSFiiJSfr tbtdii�auy rehdorhaG bi P'" i r 1H� :Aft Mitre?, the F mor hes . STAT$ OF COLORADO county Denver The foreignism insessmoss sur &teak -Weed boRrtmrfhV'r, 1 by James,. L. ,Rumsey as attorney in -fact a a ColoAsefn-":General Partnership My oaa.adlflett mph a /6' - 2_ . 19 9Q • u •If l xaLtdteit ft?, Wad +a of August at for Anvil Points Properties, Ltd.,:. Wltreeca myMsd aid official seal. E.. BAER foe,. t0 .o i r 739 PlcE3U; EXHIBIT "A" A parcel of land situated in Lots 2, 3, 4, 5, 8, the E1/2NE1/4 and a portion of meander lands in Section 30, Township 6 South, Range 94 West and in Lot 1, t''e SE1/4NE1/4 and a portion of meander lands in Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian lying southerly of the Southerly right-of-way of the Denver & Rio Grande Railroad, easterly of the easterly right-of-way of County Road No. 323 and northerly of the centerline of the Colorado River as shown on a map prepared by Scarrow & Walker, Inc., dated 1973-74, County of Garfield, State of Colorado, said parcel being mora particularly described as follows: Commencing at the West Quarter corner of said Section 30, a rebar and cap L.S. #17662 in place (all bearings contained herein are based on a bearing of S.00°37'26"E. between the Northwest Corner of Section 30, a 1913 G.L.0. Brass Cap in place and the West Quarter Corner of said Section 30, a rebar and cap L.S. k17662 in Place); thence S.00°26'31"E. along the westerly line of said Section 30, 516.31 `-'et to a point on the centerline of the Colorado River, the TRUE POINT OF BEGINNING; thence South 66°22'32" West along said centerline 204.67 feet to a point on the easterly right of way of County Road No. 323 as shown on Colorado Department of Highways Map (No. I -70-I(45) Section 3, Sheet No. 4); thence North 10°49'34" West along said easterly right of way 134.10 feet; thence continuing along said easterly right of way along the arc of a curve to the left having a radius of 603.45 feet and a central angle of 06°30'00", a distance of 68.46 feet (chord bears Nortn 14°04'34" West 68.42 feet) to the Southwest Corner of Reception No 323647, a rebar and cap L. S. No. 1766? in place; thence North 17°19'34" West along the westerly line of said Reception No. 323647, 473.77 feet to a point on the southerly right of way of the Denver & Rio Grande Railroad, a rebar and copy L. S. #17662 in place; thence North 54`52'12" East along said southerly right of way 1642.98 feet; thence continuing along said right of way along the arc of a nontangent curve to the right having a radius of 2804.93 feet and a central angle of 37`02'00", a distance of 1812.97 feet (chord bears North 83°49'58" East 1781.58 feet); thence continuing along said right of way South 69°26'28" East 2268,38 feet to a point on the easterly line of said Section 30; thence South 01°23'34" East along said easterly line 855.81 feet to the Northeast Corner of Reception No. 312223; thence leaving said Section Line South 88°36'26" West along the northerly line of said Reception No. 312223, 271.22 feet to the Northwest Corner of said Reception No. 312223; thence South 01°23'34" East along the we•sterly line of said Reception No. 312223, 235.90 feet to a point on the centerline of the Colorado River; thence the following seven (7) courses along said centerline: 1.) North Fl`?9'28" West 741.16 feet; 2.) North 46°35'20" West 525.00 feet; 3.) North 13''24'28" West 2291.00 feet; 4.) South 83`00'32" West 1249.00 feet; 5.) South 50007'32" West 588.00 feet; 6.) South 11°13'3?" West 417.43 feet; 7.) South 66022'32" West 93.50 feet to the TRUE POINT OF 6EGINN;NG, • • D. Names and addresses of owners of record of land immediately adjoining and within 200' of the proposed exemption. (Tax map attached for reference). 001 Norman Schmeckle and Patricia J. Irwin 0306 323 Road Rifle, Colorado 81650 151 Warren H. and Charles K. Buxton Edith E. Sarver 3055 Trinity Drive, Apt. 626 Los Alamos, New Mexico 87544 004 Eugene and Marilyn Erickson 11700 S.W. Butner Road, Apt. 131 Portland, Oregon 97225-5756 005 Paul McNew 659 291/2 Road Grand Junction, Colorado 81501 023 W.F. Clough P.O. Box 686 Rifle, Colorado 81650 967 Bureau of Land Management 50629 U.S. Highway 6 & 24 Glenwood Springs, Colorado 81601 • • D. Names and addresses of mineral owners of record of property to be exempted. W.F. Clough P.O. Box 686 Rifle, Colorado 81650 Garris E. and Irene P. Mahaffey P.O. Box 235 Parachute, Colorado 81635 Averly and Donna Mahaffey N. 1205 University Road Spokane, Washington 99206 Freda Mahaffey Trust Attn: Central Bank/Grand Junction P.O. Box 608 Grand Junction, Colorado 81502 Forrest C. and Eva M. Mahaffey, Trustees 659 W. Redondo Place NBU 4414 Green Valley, Arizona 85614 Vera Mahaffey, et al 2029 N. 9th St. Grand Junction, Colorado 81501 Orville V. Mahaffey Estate Attn: Charles H. Shea P.O. Box 2665 Grand Junction, Colorado 81502 Peter Sahula 0099 Knight Road Basalt, Colorado 81621 • ' • /". RUL1SON EXCHANGE 25T7 2T ,-- 023 004 • -4 00 633 (0 \co'SEE MAP — 36 NO. 2173-36 2175-312-00-028 041 2 SEE MAP N 31 Co. 0: 2175-31 EL.6549 95 W.R. 94 W. SHFET Nl1MBER 1�i RIFLE AREA, COLORADO (RULISON QUADRANGLE) • Map Symbol NONTECHNICAL SOILS DESCRIPTI�'cPORT GENERAL Soil name and description 65 Torrifluvents, nearly level This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. 47 Nihill channery loam, 6 to 25 percent slopes This deep, well -drained soil is on alluvial fans and sides of valleys. The soil formed in alluvium derived from Green River shale and sandstone. The surface layer is channery loam about 11 inches thick. The upper part of the underlying material is very channery loam about 14 inches thick, and the lower part is extremely channery sandy loam and extremely channery loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is high. 66 Torriorthents-Camborthids-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids make up 20 percent, and Rock outcrop 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. (Cp,UT/.tuet) Ma) NO MICAL SOILS DESCRIPTION REPORT GENERAL Map Symbol 66, (e0.4.)T ), Soil name and description Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Camborthids are shallow to deep and are well -drained. They are generally clayey to loamy and have slightly more clay in the subsoil than in the surface layer. The profile is normally free of stones. but scattered basalt stones, cobbles, and sandstone fragments are on the surface. Permeability is slow to moderate. Available water capacity is low to very low. Effective rooting depth varies from 10 to more than 40 inches. Runoff is rapid or very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. RECEIVED APR J 1 .2002 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625-5461 wdwcd@rifle.net March 28, 2002 Hal Simpson Colorado Division of Water Resources Centennial Bldg., Room 818 1313 Sherman Street Denver, CO 80203 Alan Martellaro Steve Pope Robert Klenda Bill Blakeslee Division of Water Resources #5 P. O. Box 396 Glenwood Springs, CO 80601 Kerry D. Sundeen Enartech, Inc. P. O. Drawer 160 Glenwood Springs, CO 81602 Mark L. Bean Building and Planning Department Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Gentlemen: Effective this date, the following water allotment contracts are cancelled per request of the contractee. John H. Peyton Contract #981119JM#2(b) Permit #051254-F 1 acre foot Directors: Kelly Couey Samuel B. Potter William M. Zilm LaVerne Starbuck Robert J. Zanella March 28 Page 2 Lot 4, Davis Point Subdivision Exemption, part of the SE 1 /4SE 1 /4, Section 2, Township 6 South, Range 92 West of the 6th P.M. The well is not producing—needs to be re -drilled. John H. Peyton Contact #981119JM#1(b) 1 acre foot Permit #051253-F Lot 4, Davis Point Subdivision Exemption, part of the SE1/4SE1/4, Section 2, Township 6 South, Range 92 West of the 6th P.M. The well is not producing—needs to be re -drilled. Brent Lewis Peterson Sandra Hannigan Contract #001213PH(a) Gravel Pit Well in the SW1/4 of the NW1/4 of Section 12, Township 6 South, Range 92 West of the 6th P.M. The application for an augmentation plan has been withdrawn. No longer a need for this contract. Arthur A. Knaak Contract #940805AK(a) Permit # 044112-F Tract 43 of Swiss Village Tracts, Pitkin County, SE1/4NE1/4, Section 29, Township 9 South, Range 88 West, 6th P.M. The homeowners association is digging an extra well—this well is no longer needed. Orrin and Shirley Helgeland Contract #8907150SH 1 (a) Permit #050763-F NW1/4NW1/4 Section 34, Township 5 South, Range 92 West, 6th P.M. This property was sold to Joe Coryell. He is in the military, due to retire in 1 to 5 years. He is going to let his permit lapse, the WD contract cancel, and reapply for the permit and contract upon retirement. U. S. Department of Energy Contract #010125DOE(a) Permit #'s 055622-F, 055621-F, 055620-F NW1/4SE1/4 Section 18, Township 6 South, Range 93 West 6th P.M.. Phase IA and IB of the Rifle Vanadium Pilot Study has been completed. Michael J. and Betty Jo Mosby Contract #960424PS(b) No Permit Lot D Sahula Exemption Subdivision Plat recorded December 11, 1996, as Reception No. 502221. SE1/4NE1/4, Section 30, Township 6 South, Range 94 West of the 6th P.M. X673 d7gr - 96/171 Q/a,w) March 28, 2002 Page 3 Contractee stated this contract came with the property when he purchased it. He doesn't know what it is and doesn't want it. Dwight Whitehead, Division 5, stated his records did not show that Eagle Roost Lot D existed. Lots B and C are 35 acres and either of them may have been split creating D and they share a well. It appears to him that the contract is unnecessary. Town of New Castle Contract #900315BMA(b) Permit #'s 042065-F, 042064-F, 044623-F, 044622-F, 042061-F, AD -13405 SE1/4 and SW1/4 Section 32, Township 5 South, Range 90 West of the 6th P.M. Contractee has a contract with the Bureau of Reclamation Joel and Kathy Trueblood Contract #980612JKT(a) Permit #05029-F SW1/4NE1/4 Section 18, Township 5 South, Range 89 West of the 6th P.M. Contractees have implemented their own augmentation plan. The following contracts have been cancelled due to non-payment of the annual usage fee. Jelco Energy LLC Contract #010927JE(a) Direct Pumping from Colorado River near DeBeque Roy D. Brandt Jetta Worwag Contract #960701PDS#3(b) Permit # 047612-F NW1/4SW1/4 Section 24, Township 5 South, Range 90 West of the 6th P.M. Kevin Kozera Contract #961118KK(a) Permit #047797-F SW1/4NW1/4 Section 6, Township 6 South, Range 92West of the 6th P.M. Alpine Mountain Club LLC Contract #FM000906AMC(a) No Permit Fourmile Territories Mountain Club Contract #FM000906TMC(a) No Permit Fourmile Sincerely yours, ��- /Janet Maddock Administrative Assistant FORM NO. GWS -2 09/93 •STATE OF COLORADO a OFFICE OF THE STATE ENGINES 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2) (IRRIGATION, COMMERCIAL, INDUSTRIAL, MUNICIPAL AND OTHERS) PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL ON THE ATTACHED COPY OF YOUR PERMIT. THE CONDITIONS MUST BE COMPLIED WITH IN ORDER FOR THE PERMIT TO BE VALID. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT. NON-EXEMPT A STATEMENT OF BENEFICIAL USE MUST BE SUBMITTED PRIOR TO THE EXPIRATION DATE OF THE PERMIT. THE PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. The well must be constructed, the pump installed and the well must be used for the approved purposes prior to the expiration date of the permit. Evidence of the use must be received in the form of a Statement of Beneficial Use (Form No. GWS -10) PRIOR TO THE EXPIRATION DATE OF THE PERMIT. Beneficial use is generally defined as the use of that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish, without waste, the purpose for which the appropriation is lawfully made. Evidence of well construction and pump installation must be submitted to this office in the form of a well construction report and the pump installation report from the respective contractors showing that construction and pump installation was completed prior to the expiration date of the well permit. The well permit number is located in the upper right hand corner of the permit, and the expiration date is located in the lower right hand corner. The expiration date of the permit may be extended for a maximum time of one year at the discretion of the State Engineer for good cause shown. If an extension of time is necessary to put the well to use, you must file a written request with this office along with a $60.00 filing fee prior to the expiration date. The request must state why the well has not been completed, must include an estimate of time required to complete the well, and must specify the length of extension you desire, not to exceed one (1) year. ADDITIONAL INFORMATION REGARDING WELL CONSTRUCTION: AND. WFI I ABANDONMENT REGULATIONS ARE FOUND ON THE REVERSE SIDE OF THIS SHEET. THE WELL MUST BE CONSTRUCTED AND THE PUMP INSTAI 1 FD BY CONTRACTORS WITH CURRENT LICENSE(S) ISSUED BY THE STATE OF COLORADO unless exempted as described on the reverse side. The well construction and pump installation reports must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. Your contractor must provide you with a copy of the work report(s) he has filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. You have been provided with at least two copies of the well permit. The owner's copy is for your records. The second copy is for the pump installation contractor. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. If you did not indicate a proposed well construction contractor on the application, four copies of the permit are enclosed. DO NOT GIVE YOUR `OWNER'S COPY` TO THE CONTRACTOR . The original permit is on file in the Denver Office Records Section. Additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership should be reported to the State Engineer by the new owner on a °Change in Ownership/Address°, form number GWS -11. If you have questions, contact the Denver Office, or the Division Office where your well is located. DIVISION 1 800 8th Ave Rm 321 Greeley CO 80631 (303) 352-8712 DMSION 5 Box 396 50633 US Hwy 6 & 24 Glnwd Spgs CO 81601 (303) 945-5665 DMSION 2 Box 5728 219 W 5th Rm 223 Pueblo CO 81003 (719) 542-3368 DMSION 6 Box 773450 625 So. Lincoln Ave. Stmbt Spgs CO 80477 (303) 879-0272 DMSION 3 Box 269 422 4th St Alamosa CO 81101 (719) 589-6683 DMSION 7 Box 1880 1474 Main St Durango CO 81302 (303) 247-1845 DMSION 4 Box 456 1540 E Niagara Montrose CO 81402 (303) 249-6622 DENVER OFFICE Rm 821 1313 Sherman St Denver CO 80203 (303) 866-3581 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the weIIL!'fd/or install the pump yourself if the well i ntirely for your own use, is on property you own, and is constructed or pump equipment is installed with equipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report, Form Number GWS -31 and/or the Pump Installation and Test Report, Form Number GWS -32. These forms are available from our offices. The well must be constructed and the pump installed in accordance with the well construction standards of the State Board of Examiners of Water Well Construction and Pump Installation Contractors. THE WELL CONSTRUCTION AND PUMP INSTALLATION RULES STATE THAT ALL WELLS OF THIS TYPE MUST BE DISINFECTED AFTER CONSTRUCTION AND AFTER PUMP INSTALLATION. THE WELL CONSTRUCTION AND PUMP INSTALLATION RULES ARE AVAILABLE FROM DIVISION OF WATER RESOURCES OFFICES FOR A FEE OF $3.00. The rules cover well construction, pump installation, disinfection, abandonment and contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these rules for reference. WELLS TO BE PLUGGED AND ABANDONED MUST BE PLUGGED IN ACCORDANCE WITH RULE 11 (SHOWN BELOW) OF THE WELL CONSTRUCTION AND PUMP INSTALLATION RULES. A WELL ABANDONMENT REPORT, FORM NUMBER GWS -9 MUST BE SUBMITTED TO CONFIRM THE PLUGGING OF THE WELL THIS FORM IS AVAILABLE FROM OUR OFFICES. RULE 11 ABANDONMENT STANDARDS 11.1 General 11.1.1 The plugging and sealing of all wells and test holes is necessary to prevent contamination of ground water and the migration of water through the unused borehole. It is the ultimate responsibility of the well owner to have a well properly plugged and abandoned. The well construction contractor is responsible for notifying the well owner of the plugging and abandonment requirement pursuant to this Rule 11. 11.1.2 Persons authorized to install pumping equipment may plug and abandon wells which do not require the removal of casing from more than one aquifer or the ripping or perforating of casing opposite confining layers. 11.1.3 All materials used for backfilling shall be clean, free from contaminants and chemically inert. 11.2 Unconfined Wells -Wells completed into unconfined aquifers shall be abandoned by filling with either on-site materials, clean sand or gravel to the static water level, then with chemically inert materials to the ground surface. A permanent watertight cover shall be installed at the top of the casing. The casing may be cut off up to five (5) feet below ground level provided the watertight cover is welded or permanently attached to the top of the casing and the hole is backfilled to the land surface. 11.2.1 Cathodic protection holes, dewatering wells, horizontal drains, monitoring and observation holes, percolation holes, piezometer holes, sump pumps and test holes shall be abandoned either pursuant to Rule 11.2 or by removing all casing which was installed and by filling the hole(s) with drill cuttings or chemically inert materials to within five (5) feet of the ground surface. The top five (5) feet of the hole shall be sealed with materials equal to or Tess permeable than the top foot of the surrounding soils. 1t3 Confined Wells 11.3.1 Wells which were constructed through more than one aquifer shall be abandoned by placing a grout plug at the confining layer above each aquifer. If records do not show that the casing opposite each confining layer has been grouted when originally installed, the casing shall be either completely removed from the hole, or perforated or ripped opposite such layer prior to placing the grout plug. No plug shall be less than twenty (20) feet in length. 11.3.2 The well casing except for the grout plug intervals shall be completely filled to the land surface with chemically inert materials. A watertight cover will be permanently welded or attached to the top of the casing. The casing may be cut off up to five (5) feet below land surface provided the watertight cover is welded or permanently attached to the top of the casing and the hole is backfilled to the land surface. • r °o WEST DIVIDE WATER CONSERVANCY DISTRICT P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 May 16, 1996 Peter Sahula 0099 Knight Road Basalt, CO 81621 Dear Mr. Sahula: Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Larry S. Axthelm 1002 Cooper Ave. Glenwood Springs, CO 81601 Samuel 6. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed is your approved contract #960424PS(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled. • • Peter Sahula May 16, 1996 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, ( Ma(ictod2- anet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, P.E. w/enclosure • Contract N 960424PS(a) Map , ID NAV 214 Date Activated. 05/15/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name PET ? ,SfrH{/ LA Address OpeN�t1/4."C' +7 gA�,Acr, ( g16.E-( 1 Telephone Number '7 / ?Z7 - 3,17S -- Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT Name of Right Type of Structure or Right tJ t=L(_ Location of Point of Diversion /(/E %,f o f 7 ji S E" 1-1 Ste, Ail4 Le -/A • Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use S E ' A'Y its6.-70/&7- Description /&7 a Description of Use SIUCLt itcy bKs64.LttiiG , i ee(6 4-t1 o U or: - 1221K) GfK.Dt- , r uJ k7(0^1-6 u©N p- IKEta sTiorlAr Number of Dwelling Units / Total Acreage /2 , 'L IiVe - ogu Proposed Potable Water System Proposed Waste -Water Treatment System Se-P-tLe c:4 F C?:LD Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand iC gpm D. OTHER REMARKS 4€/(/ Dat Signature • • PETER SAHULA, 0099 KNIGHT RD, BASALT COLORADO 81621 970/927-3475 :"`PROPERTY DESCRIPTION .». ,_A -0T 0 A PARCEL OF LAND SITUATES IN LOT 5 AND THE SE1/4NE1/4 OF SECTION 30, ._•TOWNSHIP 6 SOUTH, RANGE 94 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, .-COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING 'MORE PARTICULARLY DESCRIBED AS FOLLOWS: •. .4C UMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30. THE TRUE 7POINT OF BEGINNING; THENCE S 04'32'36' E ALONG THE EASTERLY LINE OF SAID SECTION 30 442.31 FEET;THENCE 5 85'27'24' W A DISTANCE OF 271.22 FEET TO 'A POINT ON THE NORTH BANK OF THE COLORADO RIVER; THENCE S 04'32'36' E 203.69 FEET TO A POINT ON THE CENTER LINE OF THE COLORADO RIVER; THENCE N 51'29'28' W ALONG SAID CENTER LINE 94.78 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 46'35'28' W 525.00 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 73'24'28' W 143.58 FEET; THENCE LEAVING SAID CENTER LINE N 39'30'00' E 894.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE S 69'26'28' E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 273.65 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 30; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE 5 01'50'35' W ALONG SAID EASTERLY LINE 389.28 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LANG CONTAINING 12.288 ACRES, MORE OR LESS. • • Contract # 960424PS (a ) Map ID # 214 Date Activated 05/15/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: % 5414-(4-11 Quantity of water in acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of 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, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: 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 and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities 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 pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither 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 District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are 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 diversion 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 point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant 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 plan to utilize the water allotted hereunder, Applicant shall not be 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 of the District from time to time, shall be submitted with this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, 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 be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual 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 otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's 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 successors 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- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the 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 provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre Eeet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he 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 his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this 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. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- • • 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 West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY 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 BASIS WITHOUT WASTE. APPLICANT: STATE OF COLORADO ss. COUNTY OF GARFIELD APPLICANT: PPLICANT ADDRESS: oo q `j /eg.J ► T go, The foregoing instrument was acknowledged before me on this „,N4 -day of A_9,,*1 , 192b, by P 4 Pr- ZiClCN.0 ift Witness my hand and official seal. My commission expires: 1a -9-a9 (ct o ry Pub is ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By Presiden ATTEST: Secretary /ly y JS isyb Date / / This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1 Map showing provided) 2. Application signed 3. Other location of point of diversion (use and Data Form fully completed and map -5- 't VV (VVIL POINTS) 15207 (ho R9 6W R95W • : I : I .• I• �` I I I o Form No. OFFICE OF THEATE ENGINEER GWS -25 COLORADO DN N OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 886-3581 APPLICANT PETER SAHULA 0099 KNIGHT RD BASALT CO 81621- (970)927-3475 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER j C45 7hR DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: C Blook: Filing: Subdly: EAGLE ROOST APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 30 Twp 6 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 2200 Ft. from North Section Line 1140 Ft. from East Section line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil 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 36.051 acres described as that portion of the Ni/2, Sec. 30, Twp, 6 South, Rng. 94 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 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 shall not exceed 16 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 j) --(q--1•‘, OWNER'S COPY APPROVED JD2 Receipt No. State Engineer 0399889 DATE ISSUED JUN 1 4 1996 By hy-.1) EXPIRATION DATE JUN 1 4 1998 • • I District: III Road: 32 I Permit 14: 029-96 D GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 07-01-1996 I, SAHULA, PETER (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 323 adjacent to Applicant's property located on the EAST side of the road, a distance of 300FT mile(s) from FROM RULISON BRIDGE for the purpose of obtaining access to FOUR LOT SUBDIVISION Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right. -of -way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public ::hall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. III FIFTH: The Applican- shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposi ted ori the driveway(s) iri the course of t:he County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall he made to the driveway(s) or its appurtenances on the right -of --way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS RESPONSIBLE FOR PERMIT TWO YEARS FROM DATE OF COMPLETION CARRY OUT INSTRUCTIONS PROVIDED BY RON WEST In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners, Witness: Signed PERMIT GRANTED THIS DAY OF PROVISIONS, SPECIFICATIONS, AND CONDI IONS r IPU For Board of County Comrnissione BY: (Signature of Applicant) (Address) elephone Number) 19. SUBJECT TO THE ATED HEREIN. s of Garfield County, Colorado ArA •PECIFICATIONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and sate movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right. -of -way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers. vehicles. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become ar, integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. 'TOTE This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. <..+> GARFIE"LD COUNTY ROAD & BRIDGE DEPARTMENT (+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 029-96 D PERMITTEE: `;AHULA, PETER INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE.. FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE. 2) WHEN A PAVED OR CHIPPED SURFACE I5 CUT, IT IS TO BE REPLACED WITH A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION. ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING. 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE. 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT OR WING WALL. 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT. ii) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED DAILY TO WITHIN 100 OF THE WORKING AREA OF THE TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK. 7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH A GRASS AND CLOVER MIXTURE EITHER BY BROADCASTING OR DRILLING, WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED. USE ONLY CERTIFIED WEED -FREE SEED. NOXIOUS WEED CONTROL WILL BE ONGQ."NG ALONG WITH REVEGETATION. 8) THE PERM TO SEE I GAR TT 0 - SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS IER PERMITS ARE REQUIRED, I.E., BLM, FOREST SERVICE. COU TY BYSAHULA, PETER (PERMITTEE) Form No. OFFICE OF THE MeS ATE ENGINEER • GWS -25 COLORADO DN OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PETER SAHULA 0099 KNIGHT RD BASALT CO 81621- (970) 927-3475 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 1914"75 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: A Block: Filing: Subdiv: EAGLE ROOST APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 25 Twp 6 S RANGE 95 W 6th P.M. DISTANCES FROM SECTION LINES 2740 Ft. from North Section Line 195 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction 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 residential site of 10 acres described as Tract A, Eagle Roost, created by Garfield County Exemption 82-21. See attached exhibit A. [NOTE: This tract has been reconfigured as noted in a quitclaim deed, dated October 30, 1995, to allow river frontage.] 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate 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. APPROVED TLC State Engineer Receipt No. 0390544A DATE ISSUED N O V 2 2 1995 U /l. zl. 9s By EXPIRA11ON DATE h Form No. GWS ,25 APPLICANT OFFICE OF THE S TE ENGINEER 1111COLORADO DMN OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PETER SAHULA 0099 KNIGHT RD BASALT CO 81621- (970) 927-3475 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 19147 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: B Block: Filing Subdiv EAGLE ROOST APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 30 Twp 6 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 1940 Ft. from North Section Line 750 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDI-1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction 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 36 acres described as Tract B, Eagle Roost, (created in Garfield County Exemption 82-21), see attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and (awns and the watering of domestic animals. 5) The maximum pumping rate 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. APPROVED TLC State Engineer Receipt No. 0390544B 0 Lt. 95 DATE ISSUED N O V 2 2 1995 EXPIRA ' ON DATE NO IJ 2 is 07/01•'1996 14:30 FROM • • TO 17009273475 GRAND VALLEY FIRE PROTECTION DISTRICT P. O. Box 295 Parachute, Colorado 81635 (303) 285-7630 P.01/01 ally 1, 1996 T0: Garfield County RE: Peter Sahula Subdivision at Rulison Due to high water conditions of the Colorado River the Dry Hydrant System requested for this subdivision is not feasible to install at this time. As Fire Chief for this District I do not feel that this system needs to be installed prior to approving Mr. Sahulars subdivision. I have contacted the contractor hired for this dry hydrant installation and he has purchased all the required materials and is waiting for low water on the river. I have no doubts that this system will be installed as soon as the water level goes down. Also, a much better installation will result if the river is lower. With this in mind, I would recommend proceeding with the approval of Mr. Sahula's subdivision. Thank you Gary Mahaffey Fire Chief-GVFD • PETER SAHULA, 0099 KNIGHT RD., BASALT COLORADO 81621 303/927-3475 November 27, 1955 Garfield County Building & Planning Dept. 109 8th Street Suite 303 Glenwood Springs, Co. 81601 Att. Mark Bean Re: Sahula Subdivision Exemption Conditionally Approved Aug.14, 1995 Dear Mark, I Need to ask for an extension on my exemption application until August 14, 1996 as per our phone conversation (Monday Nov.27) in order to be able to overcome some difficulties I'm encountering in satisfying the County's requirements. Sincerely. Peter Sahula ()-/ /V4/g5 i • GARFIEL, COUNTY SURVEYOR'S OFFICE SEPT. 29, 1995 GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. 81601 ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE SAHULA SUBDIVISION EXEMPTION PLAT DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING: 1) IS THE EXTERIOR BOUNDARY OF THIS PROPERTY TO BE MONUMENTED IN ACCORDANCE WITH C.R.S. 38-51-104? 2) WHAT MONUMENTATION WAS FOUND FOR THE EAST 1/4 COR. OF SECTION 30? SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO GIVE ME A CALL. AS GARFIELD COUNTY SURVEYOR CC: FRANK HARRINGTON, P.L.S. HIGH COUNTRY ENGINEERING 923 COOPER AVE GLENWOOD SPRINGS, CO. 81601 SENT VIA FAX: 945-2555 COUNTY SURVEYOR FILES County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 Si 89'36'16" E 99.90' N. 80'44'15" E 78.68' N 66'04'29" E 71.82' N 84'02'55" E 50.04' NEI/4 OF SECTION PAL MERIDIAN, AND BEING 0; THENCE 0 389.28 FEET 'NVER AND RIO INE 3.65 FEET TO :RLY RIGHT -OF- -ER LINE OF THE LINE 1648.38 _.65FEET TO A AND RIO ID DINT OF MORE OR LESS. AND UTILITY WN ON THE OF SECTION 30, L MERIDIAN, LAND BEING 30, THE TRUE ,TERLY LINE OF INE OF THE LINE 465.94 i'38".W 525.00 '28"; W 143.58 14.01; FEET TO A Z AND RIO SID TH ✓ ASTERLY ( R' T -OF -WAY :T TO THE TRUE .3445 ACRES, MORE AND UTILITY DWN ON THE • ACCESS AND UTILITY EASEMENT DESCRIPTION A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN LOTS 2, 3, 4, 5 AND 8, THE E1/2NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST AND IN LOT 1, THE SE1/4NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 30; THENCE S 35'00'14" W 422.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 323, THE TRUE POINT OF BEGINNING; THENCE N 06'11'26" E ALONG THE CENTER LINE OF SAID ACCESS AND UTILITY EASEMENT 30.80 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 03'59'22" E 165.58 FEET; THENCE CONTINUING ALONG SAID CENTER LINE ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, A DISTANCE OF 289.77 FEET AND A CENTRAL ANGLE OF 33°12'18" (CHORD BEARS N 20'35'31" E 285.73 FEET); THENCE CONTINUING ALONG SAID CENTER LINE N 37°11'40" E 66.74 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 38'00'06" E 117.30 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE. SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE CONTINUING ALONG SAID CENTER LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE N 54'52'12" E 1230.92 FEET; THENCE CONTINUING ALONG SAID CENTER LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2774.93 FEET, A DISTANCE OF 38.39 FEET AND A CENTRAL ANGLE OF AP 00'47'34" (CHORD BEARS N 65'46'08" E 38.39 FEET); THENCE LEAVING SAID SESU PARALLEL LINE ALONG SAID CENTER LINE N 69'31'54" E 16.22 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 85'24'15" E 110.64 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE S 86'2108 E 149.24 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE S 74'42'39" E 68.78 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 86'19'26" E 43.96 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 53'27'03" E 48.88 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 52'01'19" E 68.93 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 58'08'07" E 156.01 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 70'08'14" E 62.44 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 77'14'29" E 98.48 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 81'34'33" E 104.05 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 84'55'14" E 100.59 FEET; THENCE TI CONTINU NG ALONG SA D CENTER LINE S 89'36'16 E 99.90 FEET; THENCE C( CONTINU NG ALONG SA D CENTER LINE N 80'44'15" E 78.68 FEET; THENCE CONTINU NG ALONG SA D CENTER LINE N 86'04'29" E 71.82 FEET; THENCE G CONTINU NG ALONG SA D CENTER LINE N 84'02'55" E 50.04 FEET TO A POINT II 30.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID TI DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY LINE; THENCE G CONTINUING ALONG SAID CENTER LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2774.93 FEET, A DISTANCE OF 451.78 FEET AND CENTRAL ANGLE OF 09'19'42" (CHORD BEARS S 82'18'53" E 451.28 FEET); THENCE CONTINUING ALONG SAID CENTER LINE ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE S 69'26'28" E 2142.19 FEET TO A POINT ON THE W EASTERLY LINE OF SAID SECTION 30 (WHENCE THE EAST QUARTER CORNER BEARS S 01'50'35" W 357.61 FEET) THE TERMINUS; SAID STRIP OF LAND CONTAINING 8.070 ACRES, MORE OR LESS. NOT I 2. 3. 4. II -GIT COUNTRY \GI\�' G, INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENWIICID _SERIF,", C014113AD PROPERTY DESCRIPTION LOT C THE A PARCEL OF LAND SITUATED IN LOTS 4 AND 5 AND THE SE1/4NE1/4 OF SECTION ST, AND IN 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TION 25, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING RIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE N 01'50'35" E ALONG THE EASTERLY LINE OF SAID SECTION 30 389.28 FEET AR AND TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF THE DENVER AND RIO THE WESTERLY GRANDE WESTERN RAILROAD; THENCE LEAVING SAID EASTERLY LINE ERLINE OF THE N 69'26'28" W ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE 273.65 FEET TO SAID THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT—OF— ORADO WAY LINE S 39'30'00" W 894.01 FEET TO POINT ON THE CENTER LINE OF THE INE OF COLORADO RIVER; THENCE N 73'24'28" W ALONG SAID CENTER LINE 1648.38 'LY FEET; THENCE LEAVING SAID CENTER LINE N 25'06'06" E 962.65 FEET TO A EASTERLY POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF SAID DENVER AND RIO S OF GRANDE WESTERN RAILROAD; THENCE S 69'26'28" E ALONG SAID 68.46 FEET SOUTHERLY RIGHT—OF—WAY LINE 1858.38 FEET TO THE TRUE POINT OF LONG SAID BEGINNING; SAID PARCEL OF LAND CONTAINING 36.051 ACRES, MORE OR LESS. O I NT ON E TOGETHER WITH AND SUBJECT TO A 60.00 FOOT WIDE ACCESS AND UTILITY THENCE EASEMENT FOR THE BENEFIT OF LOTS A, B, C AND D, AS SHOWN ON THE FEET; SAHULA SUBDIVISION EXEMPTION PLAT. 6.74 FEET TINUING TINUING POINT OF E OR LESS. TILITY THE PROPERTY DESCRIPTION LOT D A PARCEL OF LAND SITUATED IN LOT 5 AND THE SE1/4NE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30, THE TRUE POINT OF BEGINNING; THENCE S 04'32'36" E ALONG THE EASTERLY LINE OF SAID SECTION 30 899.38 FEET TO A POINT ON THE CENTER LINE OF THE COLORADO RIVER; THENCE N 51'29'28" W ALONG SAID CENTER LINE 465.94 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 46'35'38" W 525.00 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N 73'24'28" W 143.58 F THE FEET; THENCE LEAVING SAID CENTER LINE N 39'30'00" E 894.01 FEET TO A , OF THE POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF THE DENVER AND RIO ADO; SAID GRANDE WESTERN RAILROAD; THENCE S 69'26'28" E ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE 273.65 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 30; THENCE LEAVING SAID SOUTHERLY RIGHT—OF—WAY REBAR LINE S 01'50'35" W ALONG SAID EASTERLY LINE 389.28 FEET TO THE TRUE 6 FEET TO A POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 14.3445 ACRES, MORE 10 OR LESS. FEET; TOGETHER WITH AND SUBJECT TO A 60.00 FOOT WIDE ACCESS AND UTILITY CURVE EASEMENT FOR THE BENEFIT OF LOTS A, B, C AND D. AS SHOWN ON THE NGLE OF SAHULA EXEMPTION SUBDIVISION PLAT. 8" E W 962.65 ENCE ERLINE TERLINE AID PARCEL ILITY THE A 60.00 E1/2NE1 A SOUTH, NG MEANDER AN SIXTH P"4 NC STRIP 0 '.'LA CENTER L'NE COMMENCI G S 35'00' 4" OF COUN RR N 06'11':8" EASEMEN ,' 0 N 03'59' 2" ALONG A R A DISTA BEARS N LINE N s;''1 LINE N s Oi SOUTHER :', R RA I LROA,Ti FEET SO isHE N 54'52' 2" 30.00 F LINE AL RADIUS 00'47'3 PARALLE CONTINUIG ; CONTINUI' G CONTINUING CONTINUING CONTINUING CONTINUING CONTINUING CONTINUING CONTINUING 1, CONTINUING CONTINUING CONTINUING CONTINUING • CONTINUING-� CONTINUING 30.00 FEET DENVER AND F CONTINUING OF AND PARAI A NON—TANGEI' DISTANCE OF S 82'18'53" ALONG A LINE. RIGHT -OF -WAS EASTERLY LIT BEARS S 01', CONTAINING E • 70.0' WITNESS CORNER REBAR & CAP LS #19598, SET PROPERTY DESCRIPTION LOT A A PARCEL OF LAND SITUATED IN LOTS 2 AND 8 AND A PORTION OF THE MEANDER LANDS IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST, AND IN LOT 1, THE SE1/4NE1/4 AND A PORTION OF MEANDER LAND IN SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING COMMENCING MORE PARTICULARLY DESCRIBED AS FOLLOWS: N 01'50'35" COMMENCING AT THE WEST QUARTER CORNER OF SECTION 30, A REBAR AND TO A POINT CAP, L.S. NO. 17662, IN PLACE; THENCE S 00'26'31" E ALONG THE WESTERLY GRANDE WEST LINE OF SAID SECTION 30 516.31 FEET TO A POINT ON THE CENTERLINE OF THE N 69'26'28" COLORADO RIVER, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID THE TRUE PO WESTERLY LINE S 66'22'21" W ALONG THE CENTERLINE OF THE COLORADO WAY LINE S RIVER 204.67 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLORADO RI COUNTY ROAD NO. 323; THENCE N 10'49'34" W ALONG SAID EASTERLY FEET; THENC RIGHT-OF-WAY LINE 134.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY POINT ON TH RIGHT-OF-WAY ALONG AN ARC OF A CURVE TO LEFT HAVING A RADIUS OF GRANDE WEST 603.45 FEET AND A CENTRAL ANGLE OF 06'29'59", A DISTANCE OF 68.46 FEET SOUTHERLY R (CHORD BEARS N 14'04'34" W 68.42 FEET ; THENCE CONTINUING ALONG SAID BEGINNING; EASTERLY RIGHT-OF-WAY LINE N 17'19'34 W 473.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE TOGETHER WI WESTERN RAILROAD, A REBAR AND CAP, L.S. NO. 7662 IN PLACE; THENCE EASEMENT F• N 54'52'12" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 752.34 FEET; SAHULA SUB', THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY S 35'07'48" E 376.74 FEET TO A POINT ON THE CENTERLINE OF COLORADO RIVER; THENCE S 50'07'32" W ALONG SAID CENTERLINE 384.03 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 11'13'32" W 417.43 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 66'22'21" W 93.50 FEET TO THE TRUE POINT OF A PARCEL O BEGINNING; SAID PARCEL OF LAND CONTAINING 10.000 ACRES, MORE OR LESS. TOWNSHIP 6 COUNTY OF TOGETHER WITH AND SUBJECT TO A 60.00 FOOT WIDE ACCESS AND UTILITY MORE PARTI EASEMENT FOR THE BENEFIT OF LOTS A, B, C AND D, AS SHOWN ON THE SAHULA SUBDIVISION EXEMPTION PLAT. COMMENCING POINT OF B SAID SECTI PROPERTY DESCRIPTION COLORADO R LOT B FEET; THEN FEET; THEN A PARCEL OF LAND SITUATED IN LOTS 2, 3 AND 4 AND A PORTION OF THE FEET; THEN MEANDER LANDS IN SECTION 30, TOWNSHIP 6 SOUTH, RANGE 94 WEST, OF THE POINT ON T SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID GRANDE WES PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SOUTHERLY LINE OF SA COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 30, A REBAR LINE S 01' AND CAP, L.S. NO. 17662 IN PLACE; THENCE N 27'09'50" E 545.06 FEET TO A POINT OF B POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO OR LESS. GRANDE WESTERN RAILROAD, THE TRUE POINT OF BEGINNING; THENCE N 54'52'12" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 890.64 FEET; TOGETHER THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE EASEMENT F TO THE RIGHT HAVING A RADIUS OF 2804.93 FEET AND A CENTRAL ANGLE OF SAHULA EXE 37'02'00" A DISTANCE OF 1812.97 FEET (CHORD BEARS N 83'49'58" E 1781.58 FEET); THENCE LEAVING SAID RIGHT-OF-WAY S 25'06'06" W 962.65 FEET TO A POINT ON THE CENTERLINE OF THE COLORADO RIVER; THENCE N 73'24'25" W 499.04 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 83'00'32" W 1249.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 50'07'32" W 203.97 FEET; THENCE LEAVING SAID CENTERLINE N 35'07'48" W 376.74 FEET TO THE TRUE POINT OF BEGINNING., SAID PARCEL CONTAINING 36.067 ACRES, MORE OR LESS. TOGETHER WITH AND SUBJECT TO A 60.00 FOOT WIDE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOTS A, 8, C AND D, AS SHOWN ON THE SAHULA SUBDIVISION EXEMPTION PLAT. A PARCEL OF 30, TOWNSHIP COUNTY OF GF MORE PARTICIy REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 November 8, 1995 Regulatory Section (199575360) Mr. Peter Sahula 0099 Knight Road Basalt, Colorado 81621 Dear Mr. Sahula: F 'q IC -7.7:1(77,17:7,,.. • i a t l 1 i +3 NV U 91 , ,1 I. am responding to your submittal dated October 30, 1995, concerning plans to—build-up" an access road on your property near Rulison. The road is located on the north side of the Colorado River between the river and the railroad grade just upstream of the Rulison Bridge. The improved road will involve placing fill material and culverts on the existing road for a distance of approximately 1,200 feet. This section of roadway is located in Section 30, Township 6 South, Range 94 West, Garfield County, Colorado. On September 25, 1995, Susan Nall visited the site briefly with you. The property appears to contain jurisdictional waters of the United States in the form of a pond, overflow drainage channels, and a wetland area at the base of the railroad grade. Although this portion of roadway is located within the flood- plain, it is a nonjurisdictional area. Based on this and our review of the information submitted, we have determined that this project does not require a Departrnent of the Army permit. This decision is based on your proposal to avoid impacts within the jurisidictional areas. We do suggest that appropriate erosion and siltation controls (such as silt fencing or haybales) be used and maintained in effective operating condition during construc- tion to catch sediment and prevent entry :into wetlands. In addition, all exposed soil and fill materials should be stabi- lized at the earliest practicable date. A native grass seed mix and weed free mulch is recommended on road sideslopes,. We have assigned Number 199575360 to this decision. Please refer to this number in any correspondence submitted to this office concerning this property. Thank you for your cooperation in providing the additional details of your project. If you have any questions, please contact me at telephone (970) 243-1199. Sincerely, Susan Bachini Nall Environmental Engineer Western Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 31501-2563 Enclosure Copes Furnished: - Mr. Keith Rose, U.S. Fish and Wildlife Service, 764 Horizon Drive, South Annex A, Grand Junction, Colorado 81506-3946 Mfr. Mark Bean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 LIS ,r 601 'V39,13330 009001001 38630 01909 N01191113aNO3 113190 00910109 611. 60119134003 NI 001/10103 'S311N1103 17391 0 (113941/9 VOA 031111.13111.1 911891/51 4900111711N7111313I$ rm. -atm 099 S LIMPO A saw 7]10150 0/9661090 A31YY 361101113311139130 .anis NIV1d 0001:4 5"311 Vlf 19111 OM1 13A11 00110103 1331 Z - 19603161 11101603 004 00Z 0 0 002 133, NI 31935 £600 -SSC -000 <0600 '03 5091095 octothnol 0901 00190 1919 301 51363►K 1T31<11T97 =10 0309936d 50090091S 1710339 d9. 190011911 9110 53119.03 4911 51111 9961 'LI 9'9051 7.06 63991 /9990901099 191139 17311039 '130 9 Iatli 50061391 3101311971001099 19 60110119603 3611 0011335 '1101449 — — 136003 9011030 01100160 136000 11011335 09901 3611 9011030 SN911 . 9011909110, 9003S o 90010 3301 33033 - 3104 11011030 050113 !toad 0119 031933 01094 90/993939 1001903 19311039 1001900 '21009 ON3D31 u-: 0966969 0110 54 00369 900'0619 015 951.0 NO1101313 03000 304911 5917693930 991.01103 391 90 03589 09190 1363-1 935 59 9 3911 1001903 17311/36 f0 S1540 0l-5pg 505 11 09995152'1. go';0160 11 0,900.9151" 999 5317.00003 83010 010 16199 3NItl39170 3.79 • 0350 3439 56011715 901191110111111 15750 00.099 107 9 390) 961601103 391 '6011331014 7,800 :,8808803 1139.91'31105 19111133 1.11915 3176101003 39914 31910 00,80103 361 1001903 1710021009 10 51579 0 09-9 =£il . sz+or lL'91C1 3 9601019 N 600 • \\ 6109 a•\1 62CLI4L9 0ZZ'L101 3 995'219 9 620 t `f'L I0' 13 OZ' 9'9 N 920 ���� ,;/ / 9'0000 iA' 021'81£1 3 £59'9)9 N CZ£ i1\� . �• 106'010'1 3 0 y t`L9 693'0)9 9 9`1 �,-;'.Oj .. \\ �\\ 120 .3."'i, ;• - _ 311235 - _ _ _ _om_ .12.10,..110....9.3..".„„i, �'_—.`ice_., 050'510.1 3 608.919 N 9Zf • 015911., tr 0 • 0'891; O • ,022 • 20 rr— 50. OG 090'210 1 3 322.419 N 820 11/11 6'ICIC Y �yG Ob� 15'95 ICY 29;1; Y • 091; to, 6'9Z1S. 91S\ / 9'0919. 0919 512915 3b 6119+0 011914 7 /1 - •9515 1. ;9GIC 'Y Y 118941E 11ZGIG • 'KIS 519414 Y ;'94I4 6';;1E 0Lt 9C1� I"5525 r'9;1s -• 11515 - O'LSISY 913 IS -- ��7‘. LLL • 9'(15 f'9G1C 8.0515 ) 0�1G� 0611 \� 910'2)0'1 3 901'919 6 11ZS 62br 000.111'1 3 390'310 3 991'419 11 1Z0 501'Llrl 3 508'519 9 125 9 9S 1'51{'1 3 602'919 6 925 000'9,0'1 3 000$ I05 —0225 000',11'' 3 520 0::' 81 r'1 3 35'919 ;Z0 1► 000'910'1 3 osz5��, 1• 000'510 1 3 01•;. 245 5730' 4463 III SW 246 R. 95 W 247 (ANVIL POINTS) 248 1/ R. 94 W 249 55' l 320 000 FEET GLENWO RIFLE 7.6 ML SPRINGS 33.5 MI. 251 \ C' 8 P.. Q1 - �zc6icti/A"' _ • • IN REPLY REFER TO United States Department of the Interir11.1y� BUREAU OF LAND MANAGEMENT "� "`-- Glenwood Springs Resource Area AN n �nnc P. 0. Box 1009 A u u 77J Glenwood Springs, Colorado 81602 August 8, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: rej_D CUIM ('y In response to your request for comments regarding the proposed Sahula Subdivision Exemption located east of the Rulison I-70 interchange and north of the Colorado River, I offer the following statements for your scheduled August 14, 1995, public meeting. The 90 acre tract appears to abut a 40 -acre parcel of public land at the eastern side of the proposed subdivision. Current uses on the BLM include wildlife habitat and numerous rights-of-way (ROWs) for Interstate 70, frontage road, railroad and utilities. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The adjacent public land is not currently permitted for livestock grazing. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require ROW permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 4. Portions of the area proposed for subdivision appears to lie within the floodplain of the Colorado River. 5. Construction activities (dredging or filling) occurring within areas designated as wetlands by the U.S. Army Corps of Engineers (COE) require a permit under the Clean Water Act. Some areas within the proposed subdivision may be designated wetlands. Contact the COE office in Grand Junction to obtain a map of known wetland areas. 6. Review of our lands records shows there are no federal minerals located within the subject private lands. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, Michael S. Mottice Area Manager i N ill Ml !J) _e -,) i II - SC. Uth c1• Cv� + (_ r..- i , z s, . . ri- -V, R — L, 4' m -n • La N':,• PFr 1' ,, - P tal 1. ";u 0 + • a • heclf ��1 C1/'-- . �F.- •0 4 °D l —, D mr &i1 in m O— _ 1 _ m +-J f. m— N • • u , —o`+ +iI— +-7-\-�-} dwe+ 11�+`1,-m?N_ rw r/ , l\ X 1V C •_il 1017O( 4 1 (: In=J JO WI1 \� I \-- - -1• - • '1- ii + . _. g \,9, p/dyed )) L 11 401110 Dezl?9 )tit .. 4 v ::I N 1, • I��o 8 e ff p � \''y� 9 o» r*; a a M tn�JJeleMiaS F _ I 4. oI1S o.Tm FI sA 1 ma • ° ,, I -'N 1 _ - -I 1--- t ijs = Pi/ , ii rb' 0 _ II a`l Gr f` # 1r 1- + -r _,_ 11 rlC) IIS w + —, •, 4, EXHIBIT "A" A parcel of land situated in Lots 2, 3, 4, 5, 8, the E1/2NE1/4 and a portion of meander lands in Section 30, Township 6 South, Range 94 West and in Lot 1, the SE1/4NE1/4 and a portion of meander lands in Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian lying southerly of the Southerly right-of-way of the Denver & Rio Grande Railroad, easterly of the easterly right-of-way of County Road No. 323 and northerly of the centerline of the Colorado River as shown on a map prepared by Scarrow & Walker, Inc., dated 1973-74, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 30, a rebar and cap L.S. W17662 in place (all bearings contained herein are based on a bearing of S.00°37'26"E. between the Northwest Corner of Section 30, a 1913 G.L.O. Brass Cap in place and the West Quarter Corner of said Section 30, a rebar and cap L.S. '17662 in Place); thence S.00°26'31"E. along the westerly line of said Section 30, 516.31 feet to a point on the centerline of the Colorado River, the TRUE POINT OF BEGINNING; thence South 66°22'32" West along said centerline 204.67 feet to a point on the easterly right of way of County Road No. 323 as shown on Colorado Department of Highways Map (No. I -70-I(45) Section 3, Sheet No. 4); thence North 10°49'34" West along said easterly right of way 134.10 feet; thence continuing along said easterly right of way along the arc of a curve to the left having a radius of 603.45 feet and a central angle of 06°30'00", a distance of 68.46 feet (chord bears North 14°04'34" West 68.42 feet) to the Southwest Corner of Reception No 323647, a rebar and cap L. S. No. 17662 in place; thence North 17°19'34" West along the westerly line of said Reception No. 323647, 473.77 feet to a point on the southerly right of way of the Denver & Rio Grande Railroad, a rebar and copy L. S. 117662 in place; thence North 54°52'12" East along said southerly right of way 1642.98 feet; thence continuing along said right of way along the arc of a nontangent curve to the right having a radius of 2804.93 feet and a central angle of 37°02'00", a distance of 1812.97 feet (chord bears North 83°49'58" East 1781.58 feet); thence continuing along said right of way South 69'26'28" East 2268.38 feet to a point on the easterly line of said Section 30; thence South 01°23'34" East along said easterly line 855.81 feet to the Northeast Corner of Reception No. 312223; thence leaving said Section Line South 88°36'26' West along the northerly line of said Reception No. 312223, 271.22 feet to the Northwest Corner of said Reception No. 312223; thence South 01°23' 34" East along the westerly line of said Reception No. 312223, 235.90 feet to a point on the centerline of the Colorado River; thence the following seven (7) courses along said centerline: 1.) North 51°29'28" West 241.46 feet; 2.) North 46°35'28" West 525.00 feet; 3.) North 73°24'28" West 2291.00 feet; 4.) South 83°00'32" West 1249.00 feet; 5.) South 50°07'32" West 588.00 feet; 6.) South 11°13'32" West 417.43 feet; 7.) South 66°22'32" West 93.50 feet to the TRUE POINT OF BEGINNING. D .e/lwex/ off- r',1e /- /,PLS'OL/T .6y f& 'LU77,/ f2'j/''� EXHIBIT A That portion of the East One-half of Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian, and that portion of the West One-half of Section 30, Township 6 South, Range 94 West of the Sixth Principal Meridian, Garfield County, Colorado, described as follows: .Considering the East line of the Northeast Quarter of Section 25 as bearing South 01°03'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 25, as monumented with a brass cap; thence along said East line of the Northeast Quarter of Section 25 South 01°C3'00" East 2308.42 feet to the Southerly right of way line of the Denver & Rio Grande Western Railroad and the TRUE POINT OF BEGINNING; thence along said railroad right of way line North 54°26'38" East 809.11 feet; thence leaving said railroad right of way South 35°33'22" East 261.19 feet; thence South 42°09'50" West 162.12 feet; thence South 60°57'05" West 217.26 feet; thence South 47°30'43" West 239.85 feet; thence South 43°33'29" West 799.98 feet to the Easterly right of way line of the Rulison Interchange of Interstate Highway 70; thence along said right of way line North 17°45'08" West 473.77 feet to said Southerly right of way line of the Denver & Rio Grande Western Railroad; thence along said right of way line North 54°26'38" East 443.98 feet to the TRUE POINT OF BEGINNING. Containing 10 acres, more or less. XI * h rV TNISDEED, mak dos 22nd try of July , ANVIL POINTS PROPERTIES. LTD., 1988 h,1„a, A Colorado General Partnerihip Odle •enamyei Denver. COktado, vai'•at . mud PETER SANUL.A B:171( risf3c6 1 and Suer of ••hwehaw we..... 0099 Knight Road, Basalt, Colorado 81621 of the Cowry of wIT essi H. Tnit the glamor tit and iw .r raMktatrm Mme bunt of Fifty Thousand and no/100 unto the the mmatt am wfactnwy M 01 ieh i betehy riurakdied, ha UOl1.Uti. convey end confirm.&.Intros. brrptmted, aid mod wd•�ed. rid hi *u ptner, Ja s net. dvptR mte probe. hie belts and taigas hewer. all dw trel purity tgrdwtaiat ga yt. dye hying a.d bwua i dta co.lya Garfield. ..,; and stale of Colorado. /mow fit ciliAlAiiigienamroe.,: SEE EXHIBIT "A" ATTACHED HERETO ANDf-:,►HEREOF thinibee r, -•%lit aR3> iutm drat+•a s i+• � �� s ' % r ' ,�,,� .,.K ��,�mmershCll'aa . "'J 1e j 3z +dQ P!l s r••m.W, i'ed it lite 4401; ►baM,.;" [nolat $. hm or'eqult) of °tee mK `iii) HAVE AND !q ffOL� 4 �� aa7prfd .maim dm exioi iil644041hrp `iii rladm b isirat ivr; tk+ared, d.t6 reit a'rtdpyrdil� xdor,enaaraat grMI.►o atefg . 14iinlrtkdhatdwea.r*/ toffde8.cryddyritirrior; he isakillitearinttheprairie • rrtdMtdabrlble calm M in enact, {clave, bites ptdd iflk.lWi pmtast gad briefadliii ea . ,otos form r •Mme.ad and mYt 4 , 47 �iM"b.w..i tuner ani ad+ee mdtwttitxm,pfn , ' ei ra:1:taxesr. s ave 88 •and1subse4 t 1 $ i s ' erva'tid ..s c', vatior F' JTATK OF COLORADO & County Denver The bwculds iata+mtat wo attwwkdbod . by Jame,Lc,Runsey as attorney in• fact for a Colatedo'•Gineral Partnership Mr taxa +tiller mpb , /B _ 7— • 9 J twos August Anvil Points Properties, . 9 %O •'wttncu my hood and offices real. MY «I 104.+, ARE/31024D C2, copy of X6-87) a'U,UE,E' S//jP .K 739 PM 3U i ECHIBlr "A" A parcel of land situated in Lots 2, 3, 4, 5, 8, the E1/2NE1/4 and a portion of meander lands in Section 30, Township 6 South, Range 94 West and in Lot 1, tye SE1/4NE1/4 and a portion of meander lands in :lection 25, Township 6 South, Range 95 West of the Sixth Principal Meridian lying southerly of the Southerly right-of-way of the Denver & Rio Grande Railroad, easterly of the easterly right-of-way of County Road No. 323 and northerly of the centerline of the Colorado River as shown on a map prepared by Scarrow & Walker, Inc., dated 1973-74, County of Garfield, State of Colorado, said parcel being mora particularly described as follows: Commencing at the West Quarter corner of said Section 30, a rebar and cap L.S. #17662 in place (all bearings contained herein are based on a bearing of 5.00°37'26"E. between the Northwest Corner of Section 30, a 1913 G.L.O. Brass Cap in place and the West Quarter Corner of said Section 30, a rebar and cap L.S. #17662 in Place); thence S.00°26'31"E. along the westerly line of said Section 30, 516.31 `,et to a point on the centerline of the Colorado River, the TRUE POINT OF BEGINNING; thence South 66°22'32" West along said centerline 204.67 feet to a point on the easterly right of way of County Road No. 323 as shown on Colorado Department of Highways Map (No. 1-70-I(45) Section 3, Sheet No. 4); thence North 10°49'34" West along said easterly right of way 134.10 feet; thence continuing along said easterly right of way along the arc of a curve to the left having a radius of 603.45 feet and a central angle of 06° 30'00", a distance of 68.46 feet (chord bears Nortn 14°04'34" West 68.42 feet) to the Southwest Corner of Reception No 323647, a rebar and cap L. S. No. 17662 in place; thence North 17°19'34" West along the westerly line of said Reception No. 323647, 473.77 feet to a point on the souther!, right of way of the Denver & Ric Grande Railroad, a rebar and copy L. S. #17662 to place; thence North 54`52'12" East along said southerly right of way 1642.98 feet; thence continuing along said right of way along the arc of a nontangent curve to the right having a radius of 2804.93 feet and a central angle of 37`02'00", a distance of 1812.97 feet (chord bears North 83°49'58" East 1781.58 feet); thence continuing along said right of way South 69°26'28" East 2268.38 feet to a point on the easterly line of said Section 30; thence South 01°23'34" East along said easterly line 855.81 feet to the Northeast Corner of Reception No. 312223; thence leaving said Section Line South 88°36'26" West along the northerly line of said Reception No. 312223, 271.22 feet to the Northwest. Corner of said Reception No. 312223; thence South 01°23'34" East along the westerly line of said Reception No. 312223, 235.90 feet to a point on the centerline of the Colorado River; thence the following seven (7) courses along said cent,.rline: 1.) North sl`?9'28" West 241.46 feet; 2.) North 46`35'28" West 525.00 feet; 3.) Horth 73'24'28" West 2291.00 feet; 4.) South 83`00'32" West 1249.00 feet; 5.) South 50"07'32" West 588.00 feet; 6.) Souti. 11°13'32" West 417.43 feet; 7.) South 66°22'32" West 93.50 feet to the TRUE POINT OF 6EGINN;NG. • • D. Names and addresses of owners of record of land immediately adjoining and within 200' of the proposed exemption. (Tax map attached for reference). 001 Norman Schmeckle and Patricia J. Irwin 0306 323 Road Rifle, Colorado 81650 151 Warren H. and Charles K. Buxton Edith E. Sarver 3055 Trinity Drive, Apt. 626 Los Alamos, New Mexico 87544 004 Eugene and Marilyn Erickson 11700 S.W. Butner Road, Apt. 131 Portland, Oregon 97225-5756 005 Paul McNew 659 291/2 Road Grand Junction, Colorado 81501 023 W.F. Clough P.O. Box 686 Rifle, Colorado 81650 967 Bureau of Land Management 50629 U.S. Highway 6 & 24 Glenwood Springs, Colorado 81601 • • D. Names and addresses of mineral owners of record of property to be exempted. W.F. Clough P.O. Box 686 Rifle, Colorado 81650 Garris E. and Irene P. Mahaffey P.O. Box 235 Parachute, Colorado 81635 Averly and Donna Mahaffey N. 1205 University Road Spokane, Washington 99206 Freda Mahaffey Trust Attn: Central Bank/Grand Junction P.O. Box 608 Grand Junction, Colorado 81502 Forrest C. and Eva M. Mahaffey, Trustees 659 W. Redondo Place NBU 4414 Green Valley, Arizona 85614 Vera Mahaffey, et al 2029 N. 9th St. Grand Junction, Colorado 81501 Orville V. Mahaffey Estate Attn: Charles H. Shea P.O. Box 2665 Grand Junction, Colorado 81502 Peter Sahula 0099 Knight Road Basalt, Colorado 81621 i SHEET NUMBER 15 RIFLE ARFA, COLORADO (RUJ.ISON QUADRANGLE) i NONTECHNICAL SOILS DESCRIPTI•PORT GENERAL Map Symbol Soil name and description 65 ; Torrifluvents, nearly level This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand. gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. 47 Nihill channery loam, 6 to 25 percent slopes This deep, well -drained soil is on alluvial fans and sides of valleys. The soil formed in alluvium derived from Green River shale and sandstone. The surface laver is channery loam about 11 inches thick. The upper part of the underlying material is very channery loam about 14 inches thick, and the lower part is extremely channery sandy loam and extremely channery loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is high. 66 Torriorthents-Camborthids-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids make up 20 percent, and Rock outcrop 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. (C'OA.,77.oiied 144500 ) NOIIINICAL SOILS DESCRIPTION REPORT GENERAL Map Symbol Soil name and description 66, (e)Pr. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate. and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid. and erosion hazard is very high. Camborthids are shallow to deep and are well -drained. They are generally clayey to loamy and have slightly more clay in the subsoil than in the surface laver. The profile is normally free of stones. but scattered basalt stones, cobbles, and sandstone fragments are on the surface. Permeability is slow to moderate. Available water capacity is low to very low. Effective rooting depth varies from 10 to more than 40 inches. Runoff is rapid or very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. EXHIBIT "A" A parcel of land situated in Lots 2, 3, 4, 5, 8, the E1/2NE1/4 and a portion of meander lands in Section 30, Township 6 South, Range 94 West and in Lot 1, the SE1/4NE1/4 and a portion of meander lands in Section 25, Township 6 South, Range 95 West of the Sixth Principal Meridian lying southerly of the Southerly right-of-way of the Denver & Rio Grande Railroad, easterly of the easterly right-of-way of County Road No. 323 and northerly of the centerline of the Colorado River as shown on a map prepared by Scarrow & Walker, Inc., dated 1973-74, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 30, a rebar and cap L.S. #17662 in place (all bearings contained herein are based on a bearing of S.00°37'26"E. between the Northwest Corner of Section 30, a 1913 G.L.O. Brass Cap in place and the West Quarter Corner of said Section 30, a rebar and cap L.S. "17662 in Place); thence S.00°26'31"E. along the westerly line of said Section 30, 516.31 feet to a point on the centerline of the Colorado River, the TRUE POINT OF BEGINNING; thence South 66°22'32" West along said centerline 204.67 feet to a point on the easterly right of way of County Road No. 323 as shown on Colorado Department of Highways Map (No. I -70-I(45) Section 3, Sheet No. 4); thence North 10°49'34" West along said easterly right of way 134.10 feet; thence continuing along said easterly right of way along the arc of a curve to the left having a radius of 603.45 feet and a central angle of 06°30'00", a distance of 68.46 feet (chord bears North 14°04'34" West 68.42 feet) to the Southwest Corner of Reception No 323647, a rebar and cap L. S. No. 17662 in place; thence North 17°19'34" West along the westerly line of said Reception No. 323647, 473.77 feet to a point on the southerly right of way of the Denver & Rio Grande Railroad, a rebar and copy L. S. ;17662 in place; thence North 54°52'12" East along said southerly right of way 1642.98 feet; thence continuing along said right of way along the arc of a nontangent curve to the right having a radius of 2804.93 feet and a central angle of 37°02'00", a distance of 1812.97 feet (chord bears North 83°49'58" East 1781.58 feet); thence continuing along said right of way South 69'26'28" East 2268.38 feet to a point on the easterly line of said Section 30; thence South 01°23'34" East along said easterly line 855.81 feet to the Northeast Corner of Reception No. 312223; thence leaving said Section Line South 88°36'26' West along the northerly line of said Reception No. 312223, 271.22 feet to the Northwest Corner of said Reception No. 312223; thence South 01°23'34" East along the westerly line of said Reception No. 312223, 235.90 feet to a point on the centerline of the Colorado River; thence the following seven (7) courses along said centerline: 1.) North 51°29'28" West 241.46 feet; 2.) North 46°35'28" West 525.00 feet; 3.) North 73°24'28" West 2291.00 feet; 4.) South 83°00'32" West 1249.00 feet; 5.) South 50°07'32" West 588.00 feet; 6.) South 11°13'32" West 417.43 feet; 7.) South 66°22'32" West 93.50 feet to the TRUE POINT OF BEGINNING. SOPRIS REALTY, INC. P.O. Box 995 Carbondale, Colorado 81 623 (303) 963-2000 June 30, 1995 Mark Bean Garfield County Planner 109 8th Street Glenwood Springs, Colorado 81601 Dear Mark: I am writing on behalf of Peter Sahula, owner of the property in Rulison, which we have previously discussed. Mr. Sahula is herein submitting a Petition for Exemption from Subdivision Regulations to the Garfield County Board of County Commissioners, which I have enclosed; I believe we have addressed all requirements. Upon inspection of the ground by the owner and Frank Herrington of High Country Engineering, it is important that the 10 acre parcel previously split by Exemption Resolution 82.21 be granted a boundary line adjustment extending its southerly boundary to the centerline of the Colorado River and moving its easterly boundary to the West. The parcel would change only in shape and legal description, not in size. This is being requested to insure a highly buildable site on the adjoining 36 acre parcel to the East of the 10 acre parcel. I have enclosed a survey of the property completed in 1988 as well as a rendering of the boundary line change on the 10 acre piece and the proposed boundaries for the (2) 36 acre parcels and the remaining 14 acre parcel. This rendering also shows the 2+ acre strip Mr. Sahula has "lost" as a result of the relocation of the E'/4 corner of Section 30 by the Bureau of Land Management. I have spoken with Dwight Whitehead at the Division of Water Resources and have been advised that in-house use well permits would be granted on the 10 acre piece and the Easterly 14; two full domestic well permits would be issued on each of the (2) 36 acre parcels. I have also spoken with Gary Mahaffey, Fire Chief of the Grand Valley Protection District, who is very familiar with the subject property. He knows there is a road in place (see rendering), which is adequate for fire truck access, once culverts are installed in the area of the pond for drainage purposes. He also indicated that an inexpensive dry hydrant system in the pond would be desirable for purposes of fire protection when the property was subdivided. 1, REALTOR® Carbondale - " Where Rocky Vistas Meet Crystal Waters " • • Mark Bean June 30, 1995 Page Two Public Service utilities lie to the north and east of the subject property. Septic systems specific to the site and as required by the County would be installed. This parcel, bounded on the north by the Rio Grande Railroad and 1-70, on the West by County Road 323, and on the South by the Colorado River, existed as described on January 1, 1973, with the exception of the 10 acre split in 1982. If you or your staff have any questions, please do not hesitate to contact me at 963-2000 or Mr. Sahula at 927-3475. Thanks very much for your assistance in the past, Mark. I look forward to working with your office on this matter. Sincerely, Mary C. D nlan MCD:cf Enclosures EXEMPTION APPLICABILITY 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, 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 natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted.