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Home My WebLink About1.0 Application4IkTITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned, St. Mary's Parish, respectfully petitions the Board of County Com- missioners of Garfield County, Colorado, to exempt by resolution the division of a 50 acre tract of land into two tracts of approximately 43 and 7 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: St. Mary's Church (catholic) plans to build a new church on the 7 acre parcel. St. Mary's Parish serves New Castle, Silt, Rifle, Parachute and Battlement Mesa, and has outgrown its present facilities. Mr. McDaid, a member of the church, has consented to the utilization of a portion of his land for this use. In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. B. Copy of Option, (with letter from Owner) C. Vicinity map D. Statement on source of domestic water E. Statement on method of sewage disposal F. 100 year floodplain information where live stream crosses or adjoins said tract G. Evidence of the soil types H. Copy of Assessor's map showing the property I. Practical description of property location J. Fee in the amount of $48.00 Submitted at Glenwood Springs, Colorado this 5th day of February, 193. ST. MARY'S PARISH By c/o John W. Savage, Jr. P. O. Box 1926 Rifle, CO 81650 625-1470 • • STATEMENT ON SOURCE OF DOMESTIC WATER Domestic water will be supplied by a well on site. If a well permit is not granted or no water is found, water will be supplied from John McDaid's well through underground pipe to the site. McDaid's well is located approximately 400 feet to the west of the site. St. M.ry's Parish By J0'• . SAVAGE, JR. II rr • • STATEMENT ON METHOD OF SEWAGE DISPOSAL Sewage disposal will be by septic tank and leech field located on site engineered to Health Department specifications. St. Mary's Parish • • ONE -HUNDRED YEAR FLOOD PLAIN INFORMATION No live stream crosses or adjoins this tract. • • EVIDENCE OF SOIL TYPES Soil Conservation Service soil map and explanation attached. Site specific soil tests are planned prior to construction. SOIL CHARACTERISTICS • Depth to bedrock : More than 60 inches Texture Surface : Clay loam Subsoil : Silty clay loam Substratum : Silty clay loam Unified Classification : CL, CH . Permeability : Slow Percent coarse fragments : 0 (greater thaig 3 inches) Salinity (ECxlO @ 25°C) pH (surface) : 7.4-7.8 Shrink -swell Potential : High Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group• C Corros.ivity Steel (uncoated) : High Concrete ; Low DEGREE & KIND•OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Field_; Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil S Peres slowly S Slope S Too Clayey M Slope S Too clayey S Shrink -swell, low strength S Shrink -swell, low strength S Shrink -swell, low strength : Poor Too clayey Poor Shrink -swell, low strength . Unsuited Excess fines . Unsuited Excess fines : Poor Too clayey SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • 38D-Heldt clay loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on alluvial fans and valley sideslopes. It formed in fine textured alluvial sediments from shale and sandstone. Elevation ranges from 5,000 to 6,000 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F., and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown light clay loam about 8 inches thick. The subsoil is light browish gray clay loam about 13.inches thick. The substratum is light gray clay that extends to a*depth of more than 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils on slopes of 6 to 12 percent. These soils make up about 5 to 10 percent of the unit. Permeability of the Heldt soil is very slow. Effective rooting depth is 60 inches or more. Available water capacity is high. Surface runoff is medium and the erosion hazard is moderate. This soil is used for irrigated hayland and livestock grazing with some small areas in irrigated cropland. Alfalfa, small grains, and grass or grass -legume mixtures are grown. Green manure crops and applications of commercial fertilizer are generally needed to maintain or improve tilth and fertility. Flooding is the method of irrigation suitable for this soil. 38D-Heldt clay loam Intake rate is very slow; and wide, deep cracks develop when the soil 'dries . Irrigation and tillage practice S must be carefully planned to allow for soil conditions. The native vegetation on this soil is mainly western wheatgrass, 2 junegrass, big sagebrush, and low rabbitbrush. ,When the range condition deteriorates, forbs and woody shrubs "increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Proper grazing management maintains and improves range condition. Reduction in brush improves deteriorated range sites. Seeding is a good practice when the range is in poor condition. Suitable plants for seeding are western wheatgrass, stream - bank wheatgrass, and crested wheatgrass. For successful seedings, a good practice is to prepare a seedbed and drill the seed. Wildlife using this soil for habitat include cottontail rabbit, squirrel, mourning dove, and pheasant. This soil has potential for community and recreational developments. The main limitations for these uses are slow permeability, high clay content, and shrink -swell. Dwellings and roads can be designed to compensate for the low strength and shrink -swell properties of this soil. The use of septic tank absorption fields is severely limited because of very slow permeability. Community sewage disposal systems are needed if population density increases. Capability subclass IVe. PRACTICAL DESCRIPTION OF PROPERTY LOCATION The property is located at the corner of 233 Road and Miller Lane, just east of 4964-233 Road. To reach the property, proceed two miles west of Silt on Highway 6 & 24, thence one mile north on Miller Lane to its intersection with 233 Road, thence 300 feet west on 233 Road. JOHN W. SAVAGE, JR. ATTORNEY AT LAW 1301 ARABAIAN AVE, • P.O. BOX 1 • RIFLE, COLORADO 81650 • (303) 625-1470, 625-1395 1926 February 15, 1982 Mr. Davis Farrar Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Petition for Exemption, St. Mary's Parish Dear Mr. Farrar: Please find enclosed a letter from the Archdiocese of Denver requesting subdivision in the above referenced matter. The Petition for Exemption was sent to your office last week. If you have any questions, please do not hesitate to call me. Very truly yours, 4 A 1 K JA“: / John W. Savage, JWS/d s Enclosure STATEMENT AS TO ITEM K OF PETITION Petitioner respectfully requests that the $200 fee for each new lot be waived because no new residential lots are being created. Mr. McDaid's existing residence is on the remaining 43 acre tract. ARCHDIOCESE OF DENVER CATHOLIC PASTORAL CENTER 200 JOSEPHINE STREET DENVER, COLORADO 80206 February 3, 1982 Garfield County Glenwood Springs, Colorado 81601 Gentlemen: The Archdiocese of Denver is the holder of an option to buy a parcel of land from John and Gail McDaid. By virtue of our holding of the option on this ground we join in requesting the subdivision of the property. The legal description of the subject parcel is as follows: Part of Lot 1, Section 6, Township 6 S., Range 92 W., Garfield County, Colorado very truly, cCook, Director Finance and Real E state Phone: (303) 388-4411 Mailing Address: P.O. Box 1620 Denver, Colo. 80201 RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 April 21, 1982 Paul Mannino Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, Colorado 81601 Re: St. Mary's Parish Dear Mr. Mannino: J. A. DANIELSON State Engineer APR 2 6 49 82 We have received the above referenced proposal to exempt a 7.1 acre site from a tract of land of approximately 50 acres. The larger tract has a house and well (No. 95818) on it. The well permit was issued for a domestic well in 1977 and permit conditions would not appear to prevent another well from being made available. The 7.1 acres is intended to be a church site and apparently does not have improvements at this time. An additional well permit may be available for the parcel to be created. The type of permit which we would consider making available would be equiv- alent of a household use only permit. Such a permit would be limited to an average of about 300 gallons per day for drinking and sanitary use in a church. A permit of this type could not serve a residence in addition to the church and would not allow extensive kitchen use. Landscape irrigation is prohibited with this type of permit. The engineer's report indicates a water use estimate which is con- siderably higher than we could allow with the available type of permit. We believe the estimate may represent a peak day analysis used for sizing plumbing rather than an analysis to determine the average monthly require- ment. We have not received detailed information about the church and the facilities proposed by which to make our own estimate. However, informa- tion submitted with the proposal indicates banquets for up to 500 people are occasionally planned. Considering the information, we have some doubt that the water requirements would be within the limitations of the well permit. • • Paul Mannino Page 2 April 21, 1982 Since we are not able to establish that we could issue a well permit adequately enough to meet the applicants water requirements, we cannot recommend approval at this time. The church should consider the facilities it will need now and in the future. If the well limitations for an exempt commercial well as indicated above are acceptable to the applicant, then we would be glad to review this proposal again. If, however, the church is intending extensive water use, we would have to recommend they pur- sue the development of a plan for augmentation. The proposal to share the domestic well would not increase the amount of water which the applicant could remove from the aquifer. If this well was used to meet the stated church needs, it could not be considered exempt and would be subject to administration unless a plan for augmentation is developed and approved by the Water Court. Sincerely, a ill A Hal D. Sim son, P.E. Assistant State Engineer HDS/KCK:pkr cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Commission 411 411 JOHN W. SAVAGE, JR. ATTORNEY AT LAW 1301 ARABAIAN AVE. • P.O. BOXy1X4X • RIFLE, COLORADO 81650 • (303) 625-1470, 625-1395 1926 April 8, 1982 Mr. Paul Mannino Planner Garfield County 2014 Blake Avenue Glenwood Springs, CO 81601 ^I ji: APR 9 1982 Re: St. Mary's Parish Dear Mr. Mannino: As per your conversation with my secretary this date, please find enclosed a copy of a letter from Henry De Nicola, Architect, setting forth the approximate water requirements for the proposed building. In addition, Father Fox has informed me that there will be a kitchen in the building, and that they will, from time to time, be serving banquets of up to 500 people. I trust that this information is sufficient to allow the Division of Water Resources to make their recommendation to you regarding the issuance of a well permit. Your prompt attention to this matter is appreciated. If you need further information, please do not hesitate to call me. JWS/ds Enclosure Very truly your It knoll engineering associates electrical - mechanical consulting engineers 4395 south broadway englewood, colorado 80110 (303) 761-0168 9 February, 1982 Henry De Nicola, Architect 1545 Hooker Street Denver, Colorado 80204 Re: Rifle Catholic Church i FEB 1 0 1982 HENRY J. DE NICOLA ARCHITECT k. APR 9 1982 G RFIELD CO. PLANNER Dear Mr. De Nicola, Pursuant to your request, we have determined the following estimated requirements for water and sewage for the proposed church. The information on water and sewer requirements are from Table 1-1, Appendix I, Individual Sewage Disposal Systems of 1979 ICED Plumbing Code. Large Churches - 5 to 7 gallons per day per person per, per Sanctuary seat. 650 seats in the Sanctuary at 7 gallons per day equals 4550 gallons of water and/or sewage. In as much as this information is preliminary, a figure of 5000 gallons for water and sewage should be used. The instantaneous water requirement is 50 gallons per minute based on the preliminary fixture -count. A well with a flow of 10-1/2 gallons per minute would furnish the required water. This assuming that the well would be pumped 1/3 of the time or 8 hours a day. The water from the Well sould be pumped to a 10,000 gallon storage tank from which a 50 gpm capacity pressure water system would pump water to the building. A mechanical sewerage treatment plant is recommended. The plant effluent will meet requirements of Colorado State Health Standards. If you have any further questions, please let us know. Very truly yours, Knoll Engineering Associates Janes W. Wendelken, P.E. industrial commercial . J institutional • "?.-T7 Qom 0 95 A 3 (� AtC<tES e iYcti ‘L1e,C house., < >cn cNi c vi 1—= 411 111 JOHN W. SAVAGE, JR. ATTORNEY AT LAW 1301 ARABAIAN AVE. • P.O. BOX !O • RIFLE, COLORADO 81650 • (303) 625-1470, 625-1395 1926 March 19, 1982 Mr. Paul Mannino Planner Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino Crili-it:Lij 6u. ir 98? ' ?ri? -1 Re: Petition for Exemption, St. Mary's Parish Please find enclosed copy of well permit for Mr. and Mrs. McDaid's well. I trust that this now completes the information needed by your office in order to process the above referenced petition. Please contact this office if you have any questions. DLS/ Enclosure Sincerely, Deanna L. Spillman Secretary • • JOHN W. SAVAGE, JR. ATTORNEY AT LAW 1301 ARABAIAN AVE. • P.O. BOX mtgc • RIFLE, COLORADO 81650 1926 Mr. Paul Mannino Planner Garfield County 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino: • (303) 625-1470, 625-1395 March 12, 1982 Re: Petition for Exemption, St. Mary's Parish PLieoN As per your request of March 1, 1982, please find enclosed copy of deeds to John and Gail McDaid, showing ownership of the property and a map drawn somewhat to scale showing the proposed lot in relation to the existing lot. The McDaids are presently in Florida, so we have been unable to obtain a copy of their well permit. However, we have requested that the State send us a copy and are waiting for it to get here. As soon as we have received it, we will forward to your office. If you need anything further information, please contact this office. DLS/ Enclosures Sincerely, 1/21 e4 Deanna L. Spillman Secretary Recorded at ._ Reception No. -. THIS DEED. Made this 19 77 , between CARLETON E. t1OFFMEISTER and HEATHER HOPTI ISTER- Husband and Wife of the County of Garfield Colorado, of the first pan, and sod State of 4 Colorado JOHN W. McDAID and GAIL McDAID .V01S. of the Count y of Garfield and State of Colorado. of ti..- .+sound part: WITNESSETH, that the said parties of the first part. for and in ton,iderata ii of the gum of Ten dollars and other good and valuable consideration /U to the said parties of the first part in hand paid by the said parties of the second part. the receipt whereof is hereby confessed and acknowledged, have granted. bargained. Fold and conveyed, and ►ry these presents do grant. bargain.. sell. convey and confirm unto the said parties- of the second part. their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the followii:K described lot or parcel of land. situate, Tying and being in the County of Garfield and State of (•olorado. to wit: Lot 1, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 West of the 6th P.M. Except the following described parcel of iand: A parcel of land situated in Lot 1 of Section r, Township 6 South, Range 32 West of the Sixth Principal Meridian, lying Southerly of the Southerly right of way fence of County Road No. 233 and Westerly of the Easterly line of said Section 6, said parcel of land i:: described as follows: Beginning at an iron post, with a brass cap found in place and properly marked for the Witness Corner to the Northeast Corner of said Section 6, being the same as the Northwest Corner of Section 5 (Witnessed S.00° 43'23" E. 25.76 feet); thence S.00°43'23" E. 859.79 feet along the Section Line betweer. Sections 5 and 6 in said township and range to a point in a fence as constructed and in place; thence S.42°00'17" W. 103.82 feet; thence N.89°50'20" W. 50.00 feet; thence N.00°09'40" E. 687:06 feet; thence N.89°49'41" W. 238.06 feet; thence N.00°09'40" E. 250.00 feet to a point on the Southerly right of way fence in said County Road No. 233; thence S.89°49'41" E. along said right of way fence, 344.06 feet, more or less to the point of beginning. Together with all water and water rights, ditch and ditch rights used therewith or appurtenant thereto. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise apper- tainiag, and the reversion and reversions, remainder and remainders. rents. ise.ues and profits thereof: and all the estate. right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenar •es. J • nui 4 ?3 nf,E 258 TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the said parties of the second part. their heirs and assigns forever. And the said part ies of the first part, for them sel ves heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns. that at the time of the enseaiing and dohvery of these presents, they are well seized of the premises above conveyed, as of good. sure. perfect, absolute and indefeasible estate of inheritance in paw, in fee simple. and ha ve good right, full power and lawful authority to grant, bargain. sell and convey the same in manner and forst aforesaid, and that the same are free and clear from all former and other grants. bargains. sales, liens. t axes. assessments and iso nrnht antes of whatever kind or nature. s..ever, Except for 1977 property taxes and assessments, easements, rights of way, restrictive covenants of record, and any interest of Geno Simon and Florence Simon in subject property as granted in a certain Deed and Assignment of oil and gas royalty recorded June 28, 1956 in Book 294 at Page 66 of the records of Garfield County. and the ahoy a bargained premises ui t he yc . t and peaceable possession of the said parties of the second part. their heirs and assigns. against all and every person or persons lawfully clainuag or t,i o ianti the whole or ait part thereof. the said part ies of the first part shall and will WARRA\T FOREVER DEFEND. IN V1 ITNESS WHEREOF. the said part ies .,f tt,e 1.0..4 tart have hereunto set their tt..' X18 seal the day and year first above wi it :,•r. Signed. Sealed and Delivered in t he Presence of 1 it STATE OE COLORADO. (bung „f , The foregoing instrument w -as a.'know!e.i¢ed heft.,e• n e t i,„ 1-4. 76 .be Carleton E. Hoffineister and Heather Hoffmeister �Iyeomm,ea'td Wife. / ` y e -.z. - Lx i "°z``�. ISEAt.I Carleton E. Hof moister (Husband) 4i it' rf� s F: A L t_ <it r s,,�. �.� t I I Heather Hoffinei ter (Wife) 3 .7_ day -if . Itt7y . Witness my hand and official seal. \.o:°> 1.111,11 __ 0 if • U c0 0 • tC r+ ti 11 a �I w ,I W' iI ei1 •R' 71'11 , 0 N N N O co 6PAOIC/FA-• S. di- - i110S-S.SI opt.aolo) •manus yaaJtS tn° S 91-tZdt ..op auigcgqnd pyo;1'v.11-11Omua1 VIII •1—'G3aa 111V1J 11.]b 196 *ON Leas le!Z!;Jo pue (a;IM pue dint [-was] .t puey .1w SS3�d.I.11 saatdxa uo!ss!wwoa Sjq puegsnq) aalstatu;;oH aagleaH pue aalsTaeu;;oH '3 uo1aTIe3 Sq. 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JoaaagM ;d!aaaa ay; ';aed puoaas ay; Jo sallaud plus ay; Aq mud putty uI ;aed ;sat; ay; Jo sat laud plus ay; o; 9!! 9r.f l uotlleaaptsuoo aTgtnten pup poob amigo putt SaPTIOQ uay Jo tuns ay; Jo :!0!1saap!st►oa uI pue .10; ';mrd 1..n; ay; Jo sat p!es 044 111111 'HJ.3SS3N.LIM • Al 11111111111 1M 11.61 orifi deems .,,s}u.»H :lard puoaas ay; Jo'opraolo,) ams pus uosaa33s ee10 S un O 6 poonakeri ay; Jo 43 os T I I V cat7e st atvaow 1IVD Pale aivo w 'M NHOf pue 'land ;sag ay; Jo 'oppaolo 3 10 ams ' PT0TJ1VJ Jo A;uno3 044 Jo (a; Tw s T4) 213d.SI2W4AC4 N3H.LY311 Pule (puegsny) %3.LSIZWd3OH '3 NOy3'I%Y3 uaaMlay' LL6I ATnr Jo Aep 44G s!41 appal 60330 situ linutato • JOHN W. SAVAGE, JR. ATTORNEY AT LAW 1301 ARABAIAN AVE. • P.O. BO))(}X6 • RIFLE, COLORADO 81650 • (303) 625-1470, 625-1395 1926 fto 1932 clikalW) "It" Mr. Davis Farrar Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 February 5, 1982 Re: Petition for Exemption, St. Mary's Parish Dear Mr. Farrar: Please find enclosed Petition for Exemption for St. Mary's Parish. Please review this petition at your earliest convenience and advise me as to whether or not everything is in order so that we may set a date for this to be reviewed by the County Commissioners. If you have any questions or require additional information, please call me. JWS/ds Enclosure Very truly yours, Jon W. U avage, Jr OPTION DEC 0 1981 IN CONSIDERATION OF The payment of the sum of $1,000.00, the receipt whereof is hereby acknowledged, JOHN W. McDAID and GAIL McDAID, hereinafter referred to as Sellers, hereby grant to the ARCHDIOCESE OF DENVER, a corporation sole, hereinafter referred to as Purchaser, an option expiring at 5:00 P.M., on or before the 180th day after the date of the execution hereof, to purchase the .following described real property situate in the County of Garfield, State of Colorado, to -wit: • A 7-10 acre parcel of land as roughly sketched on'the attached Exhibit A, the parcel being a part of the following described tract: '1'. 6S. , R. 92W. , of the 6th P.M. Sec. 6: Lot 1 ('53.OA.) Except a TR. CONT. 3.6A. Desc. as Beg. at a PT. whence the NE Cor. of Lot 1 Bears N. 00°43'23" W. Thence S. 00°43'23" E. 859.79' thence S. 42°00'17" • W. 103.82' Thence N. 89°50'20" W. 50.0' Thence N. 09°06'53" W. :303.99' Thence N. 00°09'40" E. 387.06' Thence N. 89°49'41" W. 71..06' Thence N. 05°39'44" W. 251.32' Thence S. 89'49'41" E. 251.56' lo P.O.B. Toyether with an easement for access to the parcel across lands of the Sellers from County Road 233 as shown on Exhibit A. Subject to Sellers' reservation of all mineral rights. 1. The total purchase price of said property shall be the sum of Seven Thousand, Five Hundred ($7,500.00) Dollars per acre, payable in the manner following, to -wit: a. One Thousand ($1,000.00) Dollars, in cash at the time of the execution of this Agreement, the receipt and 'sufficiency of which is hereby acknoweldged; b. Thirty (:30%) per cent of the balance, .plus or minus adjustments, in cash, certified funds, or cashier's check, at the time of the delivery of conveyance, as herein- after provided. c. The balance by the delivery, to Sellers, of purchasers' promissory note and deed of trust, payable in five equal annual installments at a 10% annual interest rate, prepayable at any time. Sellers to subordinate note and deed of trust to construction and/or permanent loan or other financing arragnement for construction of the contemplated improvements, i.e. church, ancillary facilities, and rectory. 2. The Sellers agree to deliver, at the Sellers' expense, an Owner's Commitment of'Title Insurance in an amount equal to the purchase price hereunder, such title evidence to be delivered on or before a date 60 days after execution of this option • J 4, The cost. of Owner's Title I'oli;cy shall be paid at closing by Sellers and Title Policy delivered to Purchaser after closing. 3. Exercise of the option herein granted shall: be by written notice delivered to the Sellers or, to such other person as he may theret.ofor have designated, personally, or by registered or certified mail with request for return receipt, directed to 4964 - 233 Road, Rifle, Colorado 81650. Upon exercise of such option, the transaction shall be closed, conveyance delivered, and the purchase price paid, within 60 days thereafter, or any extended period, as hereinafter provided, at such time and place as Purchaser shall determine. 4. A General Warranty Deed conveying said prp- perty free and clear of all taxes, liens, and encumbrances, except general taxes for the year in which this transaction shall be closed, subsequent years' taxes and an oil and gas lease and any easements or rights of way for wells, water lines, and irrigation pipelines and utilities, including those of Seller, shall be delivered to the Purchaser at closing. 5. Immediately upon execution of this agreement, Purchaser shall obtain a survey of the parcel and easement at Purchaser's sole cost and expense. The survey shall in- clude a certification of the acreage of the parcel and corner pins shall be placed in conformance with customary surveying practices and a plat of the survey shall be provided to all parties. If Purchaser exercises this option all costs of the survey shall be applied towards the pur- chase'price at closing. The survey description and survey or's certification of acreage shall become a part of this contract. 6. The Sellers agree that title will be merchan- table in the Sellers; if title is not so merchantable, and written notice of defects is given to the Sellers prior to the time for the delivery of conveyance, as herein provided, the Sellers shall make said title merchantable and this transaction shall be closed within the time herein provided. If Sellers. cannot make title merchantable prior to the date of closing, Purchaser may exercise one of the following alternatives; a. such sum as may reasonably be necessary to make said title merchantable shall be deposited in escrow at closing, until such time as said title shall have been made merchantable; or b. the date .for the closing of this transaction, as above provided may be extended and postponed until such . time as said title shill have been made merchantable; or c. Purchaser may declare this Option to be void and of no effect, and all amounts paid hereunder shall be refunded to the Purchaser at such time as Purchaser shall 'have returned to the Sellers all title evidence and other matters or documents delivered to .the Purchaser by the Sellers, and upon the execution by t:.he Purchaser and delivery to the Sellers of: a Special. Warranty I)eecl conveying the real property described herein; thereupon, both parties shall be released from further liability hereunder; or • "'f • d. Purchaser may waive any title defects and pro- ceed with the transaction. 7. Time is of the essence hereof, and, if any payment or any other condition hereof is not made, tendered, or performed by the Purchaser as herein provided, the Sellers may declare this Option breached by the Purchaser, and, in such case, the Sellers may retain all amounts paid by the Purchaser, as liquidated damages. 8. This Option shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, personal representatives, and•assigns. 9. This agreement is expressly conditioned upon the happening of the following events, the sufficiency of which shall be solely the determination of Purchaser. If any conditions are not met to the subjective satisfaction of Purchaser, Purchaser may terminate this Option and all money paid to Sellers shall be returned to Purchaser. a. This Option shall not be binding upon Purchaser until approved by the Archdiocese of Denver. The Option shall be binding upon Sellers for 15 days after execution and thereafter if approved by the Archdiocese of Denver. b. The Option is conditional upon Purchaser obtaining a permit to drill a well on the parcel for the use of the church, rectory, and ancillary facilities and successful drilling of such.a well. Sellers agree to par- ticipate in such application to the extent Purchaser requests participation and Sellers agree not to obstruct Purchaser's application in any way. c. The Option is conditioned upon Purchaser obtaining the financing necessary for construction of the contemplated improvements. If sale of other church assets is required to close this transaction or. to Finance con- struction, the closing date may be extended until such assets are sold, but in no event more than 6 months from the original closing date. d. Purchaser may have performed soil, ground water and percolation tests to determine the suitability of the parcel for its intended uses. This Option is• conditional upon Purchaser's satisfaction with the results of these tests. e. Purchaser's contemplated use of the property will require a subdivision exemption, special use permit, driveway permit, septic tank permit, building permit and possibly other governmental permits. This agreement is con- ditioned upon Purchaser successfully obtaining all necessary governmental permits for its contemplated uses of the • parcel and Sellers agree to cooperate with Purchaser's attempts to obtain all such governmental permits including joining in applications and executing any supplementary documents necessary to the extent such to not unreason- ably interfere with Sellers' use of their other property. 10. Purchaser or t.hei.r agents aro hereby granted the right to enter onto 1.he promises for the purposes of performing the various tasks necessary for meeting of the conditions of this Option. • Dates] this ` 4(/day of '4 , 1981. Jollff W. McDaid - SeeYler ,,11 �/7 Gail McDaid - Sel er ARCHDIOCESE OF DENVER By: 1;pt .•+ (' Father ,Dimes Fox - Parish Pastor APPROVED: ARCHDIOCESE OF DENVER By: 1301 ARABAIAN AVE. • • JOHN W. SAVAGE, JR. ATTORNEY AT LAW • P.O. BOX .yOU 6• RIFLE, COLORADO 81650 • (303) 625-1470, 625-1395 January 25, 1982 To Whom It May Concern: I, John McDaid, a member of St. Mary's parish, have optioned approximately 7 acres of my land to the parish for a church site. I hereby join in, and consent to, the Petition for Subdivision Exemption to be filed with the Garfield County Board of Commissioners. cDAID Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COIPORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ;i. FOR: ( A PERMIT TO USE GROUND WATEF A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP WiPA GAR.FIELl REPLACEMENT FOR NO ► OTHER 1) APPLICANT - mailing address NAME /V/V iVG V NZ /d STREET•(:)/ /9 4/ CITY J,4,46ur4& () (state) TELEPHONE NO " /1f9 et; (Zip) (2) LOCATION OF PROPOSED WELL County a/4 4 ,/ NC Y, of the i✓ G 1/. Section Twp. S , Rng. �� , 6 6 P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gram) 'j 6,/�; Average annual amount of ground water / to be appropriated (acre-feet): Number of acres to be irrigated: 1 Proposed total depth (feet): 1 DO Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (54 DOMESTIC (1) ( ) INDUSTRIAL (5) ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name -5.7.e/Mf-i(/ s/ /(/ Street a 93 City /?/A i/F L n/� (State) (Zip) Telephone No. ‘.4.2.6-A/02 ! Lic. No. 7f FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No .?) 7 6 / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED FOR DOMESTIC USE, INCLUDING THE IRRIGATION OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS. APPLICATION APPROVED PERMIT NUMBER 95818 DATE ISSUED DEC 151977 EXPIRATIO1 ATE DE l • BY :1X(STATE ENGINEER) !`!ll IAITV 2 �'1 • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. — -+ — i- — — --f - — -I- — -- -�- I T' NORTH 44.-- 1 MILE, 5280 FEET y ( -I- + + + H + -f w +- NORTH SECTION I I I Ix 1 I I - - -T- - — 1 — 4- — - E -1- + -�- -I- -I- 4- I m to 1 N m r) -I O 2 r The The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. f - -- (6) THE WELL MUST BE LOCATED BE_OW by distances from section lines. 7.2 5 ft. from (north or south) g 5 ft from (east or west) LOT / BLOCK FILING SUBDIVISION NINE - sec. line sec line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: ;r4///v,b./, [sl4ic g Will this be No. of acres the only well on this tract? Y65 (8) PROPOSED CASING PROGRAM Plain Casing 7 in from 0 ft. to /4 0 ft in from ft to ft Perforated casing in from 19 ft to / o ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously'for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: �l Owner(s): _T�.�//V 4/ /fe A'2 ¢ (;4/j //�I /Ye.�%/f' No. of acres- Legal description• f 77, . Jrr! Cy 7a- ,j 97 h/, /e?./1-1/ (11) DETAILED DESCRIPTION of the use of grol.tnd water: Hou,chnI<I use and domestic wells mut indicate type of di,pn,nl ,.ystcm to be used. (�cMr } i �c ;677r/c (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. lit/ L/ % SIfdN TURE OF APPLICANT(S)� 'D. WR -226-72 THIS FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK I IW K. WELL OWNER • • RECEIVED COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. c Denver, Colorado 80203 WELL COMPLETION AND PERMIT NUMBERTa PUMP INSTALLATION REPORT ADDRESS lL+y}-VNLt>oe^ 2 � c DATE COMPLETED WELL LOG N -2'78 WATEft RESOURCES m r. WTE ENGINE/8 % of the /Ue- % of Sec T. - ,R V �= 197S1 HOLE DI METER "' l//in from From To Type and Color of Material legeke TOTAL DEPTH ,l -r) Use additional pages necessary to complete log. Water Loc. in from 0 to S=C) ft to ft PM in fromtp__ ft. DRILLING METHOD �C Cll} r� CASING RECORD: Plain Ca Size Z' & kind 5e4 4d "•from (0 to e7-6 ft. Size & kind from to Size & kind from to Perforated Casing Size & kind5e from Size & kind Size & kind from from ft. ft. to ft. to ft. to ft. GROUTING RECORD Material Intervals /() Placement Method �r�i1t GRAVEL PACK: Size Interval TEST DATA Date Tested J 19 /�S/ Static Water Level Prior to Test Type of Test Pump, j' ft. Length of Test 12f S Sustained Yield (Metered) -e eS 14jJ Final Pumping Water Level PUMP INSTALLATION REOIT Pump Make :•• Type. Powered. b r 2-0 ✓ H P Pump Serial No. Motor Serial No. Date Instal led -//f Pump Pump Intake Depth Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested Static Water Level Prior to Test ,/� Length of Test Hours Sustained yield (Metered) a / GPM Pumping Water Level Remarks TOTAL DEPTH 1 ,l • • • DEPTH TO INTAKE T • • • • • .1 a WATER J 3 J > o > C TABLE W F W J Q J 1— to Z a CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that th same is true of his own knowledge. Signature State of Colorado, County of License No L c. SS Subscribed and sworn to before me this, j �"_day of ( .( I / 19 My Commission expir : (�� 19F6 Notary Public c•i n I r. n• „ k , sides sioned. WHITE AND GREEN copies must be filed with the State Engineer. PINK COPS' FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an