HomeMy WebLinkAbout1.0 Application1
• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section
2:20.49, the undersigned Sandra Smith respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 102.5 acre tract of land into two
tracts of approximately 92.5 and 10 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:
I wish to retain my house and approximately 10 acres of land and sell the
remainder, approximately 92.5 acres.
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1 "z.200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created,
access to a public right-of-way, and any proposed easements for drainage,
irrigation. access or utilities; and
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be
used: and
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of
minerals owners of record of the property to be exempted, and tenants of any
structure proposed for conversion; and
E. Evidence of the soil types and characteristics of each type; and
F Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
G If connection to a community or municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
c
• •
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.
EXEMPTION
APPLICABILITY
Petitioner - Sandra Smith
3059 County Road 103
Mailing Address
Carbondale, CO 81623
City
(970) 963-4517
State
Telephone Number
The Board of County Commissioners has the discretionary power to exempt a division of
land from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated
purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The
Board shall make exemption decisions in accordance with the requirements of these
regulations. Following a review of the individual facts of each application in light of the
requirements of these Regulations. the Board may approve, conditionally approve or deny
an exemption. An application for exemption must satisfy, at a minimum, all of the review
criteria listed below. Compliance with the review criteria, however, does not ensure
exemption. The Board also may consider additional factors listed in Section 8:60 of the
Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be
created from any parcel. as that parcel was described in the records of the Garfield
County Clerk and Recorder's Office on January 1, 1973. In order to qualify for
exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or
greater in size at that time and not a part of a recorded subdivision., however, any
parcel to be divided by exemption that is split by a public right-of-way (State of
Federal highway, County road or railroad), preventing joint use of the proposed tracts,
and the division occurs along the public right-of-way, such parcels thereby created
may, at the discretion of the Board, not be considered to have been created by
exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation
otherwise applicable. For the purposes of definition, all tracts of land 35 acres or
greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
• •
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. Proof of a legal supply shall be an approved
substitute water supply plan contract; augmentation plan; an approved well permit;
legally adjudicated domestic water source or a contract for a permanent legal supply
of domestic water to be hauled from an outside site for a cistern. Proof of the
physical supply from a well for the public meeting, may be documentation from the
Division of Water Resources that demonstrates that there are wells within 1/4 mile
of the site producing at least five (5) gallons /minute. Prior to the signing of a plat,
all physical water supplies using a well shall demonstrate the following:
1) That a four (4) hour pump test be performed on the well to be
used;
2) A well completion report demonstrating the depth of the well,
the characteristics of the aquifer and the static water level:
3) The results of the four (4) hour pump test indicating the
pumping rate in gallons per minute and information showing
drawdown and recharge;
4)
A written cpinion of the person conducting the well test that mis
well should be adequate to supply water to the number of
proposed lots:
5) An assumption of an average or no less than 3.5 people per
dwelling, unit, using 100 gallons of water per person, per day:
6) If the well is to shared, a legal, well sharing agreement which
discusses all easements and costs associated with the operation
and maintenance of the system and who will be responsible for
paying these costs and how assessments will be made for these
costs.
7) The water quality be tested by an approved testing laboratory
and meet State guidelines concerning bacteria and nitrates.
For water supplies based on the use of cistern, the tank shall be a
minimum of 1000 gallons.
E. Method of sewage disposal, and a letter of approval of the fire protection plan from
the appropriate fire district; and
F All state and local environmental health and safety requirements have been met or are
in the process of being met: and
G. Provision has been made for any required road or storm drainage improvements; and
• •
H. 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 lot created)
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Planning Department. Two (2) copies of the application, maps and
supplemental information shall be submitted.
B. The Planning Department 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 (150 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 Department.
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 m the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedures in these
regulations.
• •
LAW OFFICES
ROBERT E3. EMERSON, P.C.
86 SOUTH THIRD STREET
CARBONDALE. COLORADO 81623
(970) 963-3700
ROBERT B. EMERSON FAX (970) 963-0985
October 22, 1997
Mr. Mark Bean
Garfield County Planning Dept.
109 Eighth Street, Suite 306
Glenwood Springs, CO 81601
Re: Sandra Smith - Second Subdivision Exemption Application
Dear Mark:
I have discussed with you previously and have written you about
Sandra Smith's desire to obtain a second subdivision exemption
for the 102.5 acre tract of land which she owns at 3059 County
Road 103, Carbondale, Colorado. I am enclosing with this letter
a copy of my letter to you dated January 8, 1997, and a copy of
the resolution of approval for the first subdivision exemption
whereby 120 acres of land owned by Sandra was divided into two
tracts, an 18.5 acre tract which she sold, and the 102.5 acre
tract which she retained.
Also enclosed with this letter is a petition for subdivision
exemption for the 102.5 acre tract. I believe that this letter,
together with the enclosed documents, will satisfy all of the
submission requirements. If not, please let me know immediately.
For the purpose of providing the sketch map and vicinity map, I
am enclosing a preliminary plat for the earlier exemption.
Parcel A as depicted thereon (and outlined in red) is the 102.5
acre tract for which subdivision exemption is now sought. Parcel
B (approximately 10 acres) is shown outlined in blue. The exact
legal description of this parcel is now being prepared and will
be furnished to you in the near future. The legal description
for the 102.5 acre tract is included on the plat. A subdivision
exemption plat for the 102.5 acre tract containing the legal
description of both parcels will be submitted if the exemption
application is approved by the Commissioners. Also enclosed is a
smaller drawing of the proposed exemption parcels.
Also enclosed with this application is a copy of the deed showing
Sandra's ownership of the 102.5 acre tract (Parcel A), a copy of
a soils test prepared by Lincoln DeVore showing the soils types
and characteristics, and a check in the amount of $300.00 to
cover the application fee. Finally, I am enclosing the names and
•
Mr. Mark Bean
October 22, 1997
Page 2
addresses of the adjoining property owners of record within 200
feet of the property proposed for exemption.
There are two existing domestic wells on this property. One well
serves Sandy's current residence and the other serves the barn
and apartment located on what will be the remaining 92.5 acre
tract. Copies of both well permits are enclosed. In addition,
Sandra has obtained a court adjudication for seven other wells on
the property cf 15 gpm each. This was done in connection with
her plans several years ago to subdivide the property. A copy of
the court decree is attached. Both buildings described above are
on individual septic systems.
As we have discussed previously and as is outlined in my letter
to you of January 8, 1997, the 102.5 acre tract existed as
described on January 1, 1973. Copies of the deeds establishing
this were enclosed with my letter to you of January 3, 1997, and
this determination of eligibility was made in connection with the
earlier subdivision exemption approval.
If any additional information is necessary, please let me know.
Once this matter has been scheduled for public hearing, please
let me know so that appropriate notice can be given. Thanks for
your help.
Sincerely,
Robert B. Emerson
RBE/jc
Enclosures
cc: Sandra Smith (w/o enclosures)
• s
LAW OFFICES
ROBERT B. EMERSON, P.C.
66 SOUTH THIRD STREET
CARBONDALE. COLORADO 81623
(970) 963-3700
ROBERT B. EMERSON FAX (970) 963-0985
January 8, 1997
Mr. Mark Bean
Garfield County Planning Dept.
109 Eighth Street, Suite 306
Glenwood Springs, CO 81601
Re: Second Smith Subdivision Exemption
Dear Mark:
This letter is to follow up on our conversations regarding Sandra
Smith's desire to obtain a second subdivision exemption to divide
her 102 acre parcel of land into three parcels.
To review the history of this matter, in 1981, Sandra Smith
bought two parcels of property near Carbondale, one parcel being
18 acres in size and the other approximately 102 acres. In 1989,
she wanted to sell the 18 acre tract. The County took the
position that the two tracts had merged and required that she go
through the subdivision exemption process before she could sell
the 18 acre tract. The exemption was approved on May 15, 1989,
as evidenced by Resolution No. 89-052. Sandra subsequently sold
the 18 acre tract.
As I recently mentioned to you, Sandra now wants to divide the
remaining 102 acre tract into three tracts. We discussed the
fact that documents submitted in connection with the 1989 exemp-
tion application could be utilized to satisfy some of the submit-
tal requirements for the new exemption application. My under-
standing is that we would not be required to submit the exemption
plat until approval is given by the County Commissioners. The
exemption plat of the first subdivision exemption should satisfy
the requirements for a sketch map and vicinity map if the pro-
posed lots on the 102 acre tract are sketched in on a copy of
that plat. No new evidence of soil types and characteristics
will need to be supplied.
With respect to demonstrating that the parcel existedas de-
scribed on January 1, 1973, this requirement was determined to be
met as part of the 1989 exemption process. However, you asked me
to review this, and I have done so. From my research, it appears
that Norman and Mary Sherwood owned several large tracts of land,
which included the 102 acre parcel. Prior to January 1, 1973, the
•
Mr. Mark Bean
January 8, 1997
Page 2
other portions of their property were conveyed out, leaving the
102 acre parcel. That parcel was conveyed by the Sherwoods to
Thomas and Janice Turner in 1976. The Turners then sold it to
Ms. Seymour -Cooper in 1978, who sold it to Joe and Judith McClung
in 1979. The McClungs conveyed the property to N. Lee Lacy in
1981, who then conveyed the property to Sandra Smith that same
year. Copies of these deeds of conveyance are enclosed with
this letter. Thus, the requirement that the parcel existed on
January 1, 1973, has been met.
Please confirm that my understanding as outlined above is cor-
rect, that what is proposed as a sketch map and vicinity map will
suffice, and that an actual plat will not be required until
action is taken by the Commissioners, that no further evidence of
soils type and characteristics needs to be submitted, and that
the enclosed documents satisfy the requirements of showing that
the parcel existed as described on January 1, 1973, and estab-
lishes proof of ownership by the applicant.
I look forward to hearing from you shortly.
Sincerely,
Robert B. Emerson
RBE/jc
Enclosures
cc: Sandy Smith
SEO-WIR DIV 5
TEL:303-945-5665 Dec 10 97 1617 No.005 P.01
• •
STATE OF COLORADO
OIVISION Of WAT[k RESOURCIS
WATER DIVISION AVr
Office of the State Engineer
DepArmen( of Natural
50633 U.S. Hwy Bi 24
Uox )96
Clenwood Springs, CC) 13I (AI!
flinne 003) 945-S6(
FAx 003) 94S•8241
•
DATE:
•
FAX I RANSMISSION COVER SHEET
TRANSMIT TO FAX NUMBER:
(7114 /3 77iiiI)
IMMEDIATE DELIVERY TO: 4Fe---
FROM: r„, 7e— A
NO. OF PAGES (INCLUDING COVER SHEET):
INSTRUCTIONS/COMMENTS;.
e
Roy kionet
GoW,r1co
S. lix1111
.C(01,4v D.,ertn,
la( () 5,m)son
Slate CrIctneer
Odynf Oeit
/S"Mr!SPIrmkr,
0f 74 fe
/ig t- 7 a 5 r;po
"- p,
If you have problems receiving document(s), please call 945-5665.
DIVISION 5 WATER RESOURCES
OUR FAX NOS: (303) 866-5415 or (970) 945-8741 (can first before sending to
latter.)
SEO—WTR DIV 5
TEL:303-945-5665 Dec 10 97 16:18 No.005 P.02
• •
ORDER OF THE STATE ENGINEER
IN THE MATTER OF WELL PERMIT NO. 28918-F
LOCATION: SE1/4, SW1/4, SECTION 12, TOWNSHIP 7S, RANGE 88W
APPLICANT: Sandra Smith
THE STATE ENGINEER FINDS:
The well permit was issued on August 22, 1985 as an expanded use of well
No. 107036 and had an expiration date of August 22, 1986.
Notice was sent pursuant to C.R.S. 37-90-137(3) on January 17, 1989 and
was received by the applicant on January 23, 1989. The applicant's attorney
responded in a letter dated February 6, 1989 and a telephone call on February
9, 1989. According to Mr. Scott, the use of the well has not been expanded
beyond those uses permitted under well permit No. 107036.
Well permit No. 28918-F is hereby expired and is of no further force or
effect and well permit No. 107036 is hereby reinstated.
Dated this Il} day ofQ\Z)Y>ko_)t-ka
By:
Prepared by: SL
cc:
Division 5
Applicant
0389I/Form #0580(K)
, 19
Jis A Danielson
Sta - gineer
Steve Lautenschlager
Water Resource Engineer
Ground Water Section
rev.
•
Application must
hi: complete where
•)plrc:rbie. Type or
int in HLACK
0,.:r :trikcs
or erasures unless
initialed:
col.Of(Al7C) DIVISION OF INA l I.Hf
131UOtennral Bldg., 1313';henn,rn St., Denvt•r, C W,do )1 J /kit-�7�7�}�(y���
w�
PERMITAPPLIC:AI ION [OHM
( I A PEHMI1 10 LI is GI10tn4L) WA1EIi
A PERMIT TO CONST 1tUCT A WE L
FOR: ) A PERMIT 10 INSI ALL A PUMP
(1) APPLICANT • mailing address
r J1, ra E
_ o E_
`1FIEET -F• 0 . t)p
c:Irl_'`Sf E/J
TCt LPHONE NO.
C C-
REPLACEMENT l OR NO.
I ) OTHER
W'A1 Lfi COURT CASENO'.
fSrarr) pI
(2) LOCAL ION OF PROPOSED WELL
County
7
A R. F. E
v. of the S1�/
S Rng. 35
_ 3. Section 1._----
4\1
iW (o T4 P M
r.w
') WATER USE AND'NELL DATA
dosed maximum pumping rate (ypm)
Average annual amount of (sound water
to be appropriated (acre•leet):—
r„lumber of acres to be irrigated:
f -r opos_'d total depth (feet):
5
a
Aquifer ground water is to be obtained from:
4 S 4 1_
_:.vner's well designation
;ROUND WATER TO BE USED FOR:
I HOUSEHOLD USE ONLY
I DOMESTIC (1)
,.f LIVESTOCK (2)
) COMMERCIAL (4)
I OTHER (9) Flt.
no irrigation (0)
( ) INDUSTRIAL (5)
) IRRIGATION (61
( 1 MUNICIPAL (0)
7
D LLTJ0NI
DETAIL THE USE ON BACK IN (11)
+) DRILLER
ry
1_(cSo
Irlonc N0
Lc.No
II
RECEIVED
MAY 2 1 1979
EThTLB fli=URcE3
1.A1F Ei4GlfiCi$
?
OR of I I;:1 t!;;; OfJl.l'. O(.) NO 1 WRITE IN
Iiecc tri No
Pat- in
_ Dist
THIS COLUMN
CONDITIONS OF APPROVAL
shall he used in such a way as to cause
no rnateriul injury to existing water rights. The
issuance of the permit noes not assure the applicant
tical no injury will occur to another vested water
right or i)r;•clucle <inother owner of a vested water
right iron) seeking relief in a civil court action.
APPROVED PURSUANT TO CRS 1973, 37-92-602
(3) (b) (II) AS THE ONLY WILL ON e TRACT
OF 35 ACRES OR MORE DESIGNATED AS .47-G
ACRES IN J [L� S_, J e.,-)�4• _5cC•
A.P}'ROVrD FOR DOMESTIC USE, INCLUDING THA'
IRRIGATION OF NOT •OVER ONE ACRE OF HOME
CARDMRS AND LAWNS.
APPROVED PURSUANT TO CRS 1973, 37-92-602
FOR TiE WATERING OF LIVESTOCK ON A FARM
OR RANCH.
L.
1 t t'ti� -
APPLICATION APPROVED
(i (f.,
p.41 e /e --e t
I /1-1'i4
(- L)
PERMIT NUMBERI 1 `J('703G
DATE ISSUED ___ - v U �- U �� l C-
E:XPII?A1ION !JA'((. ---
in
J 1-
i
)
0L 1SE1
THC- LOCA I IUN U1• I I'll: I'IIU_I'_U:>l'T3 , 11 It: III l: r url
It wallet v.'ill nlusl IIt Ir„11c rlctl un Iht di;uli,ll11 Ilcluw
Use the s t_I'J1 C 1 .et.I ut �0 ;IC1c:l ILO I01. well IuC.11tun
ui:1111
I •
T'
-4- — -4- -- — - - -- -•1-
�� --• • 1 MILE• 51U0 FELT
NO(1TIi SECTION LINE
x
_ I _
SOlJlri SEC1ION 1.1NE
r
VI
In
inn
1
Th_• Scale al the diaclram is ? inches = 1 mile
EJch sma!1 suuare nrpt esttnts 4Q ;ICT c:
-- .. T' 1' 11..1i V -.LENTS 1AblE iRo,,ncltU I -,n..
ar ecrt lnG, ...e'. 1 .,,c land 1 1001 (11.^n
1 cuU•c lout pe' second Ids) . . 4.19 pal{pns per mrnule town.;
A t.m.'y of ).v,ll rell,rtrr 1,11IN0.,malely 1 3c,r•lont 01 haler per year.
1 jc'e Ipo1 ... 43.560 twill_ sect . . 325.900 nitons
1,000 Vnm 0,m1+e(1 conlrnwously lor one day oruCIuces 4 42 •rc,e•lect.
Q -a
1
•
1, dnsitu,ces 1 . 'Inn Tines.
410_. it. iron, _C U T►-{_
(i,oIItI 01 soum)
LJr iJvo (')
Cio It. horn kiES)
-
set.
sec. I i'
leas' or wesll
SYS
14 SW r 41---oF SET. 12. "rt-,
I.UT_ nt.rlc-K _ F 11.ING
R 88 W or 711E C T 1 p
;UIil11VISION _--.--
(7) TRACT_ ON WHICH WELL WILL BE
LOCATE[D�
Owner .es. L, MC CL_u,JS
No. ul ;ICU!' __-! U—..— ------- • W111 this be.
the nilly well 011 TATs traCI?— 1 G5—
(8) I'IWPOSEU CASING- PROGRAM
Plain Casing
_ in. hum 0 It. 10 g It
_ __—in. 11011 It to ft
Pt•rrllor<ltred c;:sing
CA) rl. lions SD 11. 10 ,1 O It
in. Irorn __.-- It. to It
(9) FOR REI'LA.c_EMENT WELLSgive distance
and direction irum old well and plans lor plugging
it:
If; ) ;hND ON WHIC1! GFIOUND WATER; Wll_L_I3F_
O - i :—�� G G L v — - — No. of acres: 4-0 TN
- — 1, �4
_ Tl -t I
t� f. of S EST I z TLA-) ►' ,�_ 5 � O� -- �.._ �- - .
1) ft 1 Ali ! Q. D,F.SCI;l1 1 01 ll,c u:e al ground water: N0usrlruld use and donres1ic wells must indicate type of disposal
11,•11, 10 be u:cu. LI �c�<_ [-tit.-=..1.c_K l —
--
--__ ---i— -
;_, IiF,(:--1'.(,1 %Z ISI-(,. I-1 _._. used oil I L; useot1,1; Lind. IInCIll(Jmy wells Give liclistr Ilrn, 11101 11'oler Court Case Numbers.
..') (
1ypr or Iryhl Used 101 11n11,atc) Description of land on which used
r- ):.. R L:; -DI .I C. Fk. - C: -.(--:r” c)____F- )e. I .L T I 0 1--1 S Ll-•) 174-. —SE..c.. IZ f tJ l'Z ! G— - �1
E - i 3
- r TwP ri S R 5S. �• of
1 1:]) 1 HE APPLICANT (S) STATE(S) THAT 111E INI:OHMA1 ION SET FORTH HEREON IS
1 RUE TO THE E3EST OF ILIUS KNOWLEDGE.
i ti
---.1 _ -. _ ..
' ,• :4TOiif Of AP' 1t:.1N)0 J ).
Use 30thlIlu1J1 ,!,Cris of ' it more “),IL -F., Is required.
WR1-S-Rev. 76
Application must
be complete Aaf(
applicablesrl'ytp br''`b
n tt) B'L',K \
QdrN oWek,sFrfkes
stires unless
it aled.
C•RADO DIVISION OF WATER RESO•ES f
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
FOR:
PERMIT APPLICATION FORM
( X) A PERMIT TO USE GROUND WATER
( ) A PERMIT TO CONSTRUCT A WELL
( A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
(X ) OTHER Expanded Use
WATER COURT CASE NO To be supplied when available
•
RE )VEb
JUN 0 1 198
WATER ift.:u'Sf7€€S
SIVE £)
(1) APPLICANT - mailing address
NAME Sandra Smith
STREET 3059 103 Road
CITY Carbondale, Colorado 81623
(State) (Zip)
TELEPHONE NO 963-3507
(2) LOCATION OF PROPOSED WELL
County Garfield
SE 1/ of the SW /4 Section 12
Twp. 7 S Rng. 88 W
N S) E.W)
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 30 qpm
Average annual amount of ground water
to be appropriated (acre-fe't):
2
Numberof acres to be irrigated: 5 +—
Proposed total depth (feet) : 140 (actual)
Aquifer ground water is to be obtained from:
Basalt
Owner's well designation Smith Well No. 1
GROUND WATER TO BE USED FOR:
( X) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( X) LIVESTOCK (2) ( X) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( )OTHER (9) Fire protection
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name Go1c1Pn Fag1e Driliinc Corp.
Street Box 475
City Frisco, Colorado 80443
(state) (Zip)
668-3564
Telephone No Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No / r/ SY/ /
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.
1) THIS PERMIT ISNOT ISSUED FOR THE EX-
PANDED USE OF PERMIT NO. 107036 (AP-
PLICANT'SORIGINAL WELL NO. 1), AS
APPLIED FOR ON THIS APPLICATION,
WHICH REQUEST WAS CANCELLED BY THE
APPLICANT's LETTER OF DECEMBER 28,
1981. THIS APPLICATION IS USED IN
LIEU OF REQUESTING A NEW FORM FROM
THE APPLICANT.
2). APPROVED PURSUANT TO CRS 37-90-13.7(2).'
ON THE CONDITION THAT THE WELL IS
OPERATED IN ACCORDANCE WITH THE
SANDRA SMITH AUGMENTATION PLAN AP-
PROVED BY THE DIVISION 5 WATER COURT
IN CASE NO. 81CW497.' THE APPLICA-
TION IS HEREBY AMENDED TO CONFORM
WITH THE TERMS OF THE DECREE AS AP-
PLICANT'SWELL NO.; 7 IF THE WELL
IS NOT OPERATED IN ACCORDANCE WITH
THE TERMS OF SAID DECREE, IT WILL BE
SUBJECT TO ADMINISTRATION INCLUDING :
- CONTINUED, ATTACHED SHEET -
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY 2�%
ID -
28918
AUG 2 21985
AUG 22 eggs
. /ozaAist„
;w%(23'
ENGINEER)
23
COUNTY
• •
APPLICANT: SANDRA SMITH
WELL PERMIT NO. )-Ci ) 9 - Y
CONDITIONS OF APPROVAL, CONTINUED:
ORDERS TO CEASE DIVERTING WATER.
3) APPROVED FOR THE LOCATION OF WELL NO. 7 IN SAID DECREE, 100 FEET FROM THE
SOUTH SECTION LINE AND 1,590 FEET FROM THE WEST SECTION LINE OF SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH P.M. IF THE EXISTING WELL IS NOT
LOCATED AT THIS SITE, THE DECREE SHOULD BE AMENDED TO SHOW THE CORRECT
LOCATION OF THE WELL.
4) ISSUANCE OF THIS PERMIT CANCELS PERMIT NO. 107036.
5) A TOTALIZING FLOW METER MUST BE INSTALLED ON THE WELL. PERMANENT RECORDS
OF ALL DIVERSIONS MUST BE MAINTAINED BY THE WELL OWNER AND SUBMITTED TO THE
DIVISION ENGINEER UPON REQUEST.
6) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD
PURPOSES INSIDE A SINGLE FAMILY DWELLING, THE WATERING OF DOMESTIC LIVE-
STOCK, FIRE PROTECTION, AND THE IRRIGATION OF NOT MORE THAN 2,000 SQUARE
FEET OF LAWNS AND GARDEN.
7) APPLICANT SHALL NOT DIVERT GROUND WATER FROM THIS WELL UNTIL SUCH TIME
AS THE DIVISION ENGINEER HAS RECEIVED AN AFFIDAVIT ASSERTING THAT THE
CARBONDALE LAND DEVELOPMENT CORPORATION'S LANDS LOCATED IN THE SZ OF
SEC. 14, T. 7 S., R. 88 W., 6TH P.M. HAVE BEEN DRIED UP AND WILL REMAIN
DRIED UP, TO CREATE 0.9 ACRE-FEET OF AUGMENTATION WATER FOR THE AP-
PLICANT'S USE PURSUANT TO CASE NO. 79CW97.
8) GROUND WATER SHALL NOT BE DIVERTED FROM THIS WELL UNTIL SUCH TIME THAT
THE APPLICANT HAS INSTALLED ANY AND ALL REQUIRED MEASURING STATIONS ON
CATTLE CREEK AS INSTRUCTED BY THE DIVISION ENGINEER AND UNTIL THE AUG-
MENTATION MEASUREMENT STATION PROVIDED FOR IN CASE NO. 79CW97 IS IN-
STALLED.
�5D E/Z///,-
• •
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No. 88CW378
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF SANDRA SMITH, IN THE
ROARING FORK RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: CATTLE CREEK, IN
GARFIELD COUNTY
The above entitled Application was filed on November 29, 1988, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 13th day of December,
1988, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:
1. The statements in the Application are true.
2. The names of the structures involved are Cedar Ridge Farm
Subdivision Well Nos. 1-7.
3. The name and address of the Claimant: Sandra Smith; 3059 Road 103;
Carbondale, CO 81623.
4. The source of supply for the seven (7) subject wells is from
groundwater hydrologically connected to the Cattle Creek alluvium, tributary
to Cattle Creek, tributary to the Roaring Fork River.
5. (A) Cedar Ridge Farm Subdivision Well No. 1: located in the
NE1/4NW1/4, Sec. 13, T. 7 S., R. 88 W., 6th P.M., 200 feet from the North
Section line and 2490 feet from the West Section line, in the amount of 15
g.p.m. Lot 1, Filing #1, Cedar Ridge Farm Subdivision (proposed).
(B) Cedar Ridge Farm Subdivision Well No. 2: located in the
NE1/4NW1/4, Sec. 13, T. 7 S., R. 88 W., 6th P.M., 750 feet from the North
Section line and 2590 feet from the West Section line, in the amount of 15
g.p.m. Lot 2, Filing #1, Cedar Ridge Farm Subdivision (proposed).
(C) Cedar Ridge Farm Subdivision Well No. 3: located in the
NW1/4NE1/4, Sec. 13, T. 7 S., R. 88 W., 6th P.M., 1250 feet from the North
Section line and 2600 feet from the East Section line, in the amount of 15
g.p.m. Lot 3, Filing #1, Cedar Ridge Farm Subdivision (proposed).
• •
(XII -1988)
Smith 88CW378
Ruling of Referee
Page 2
(D) Cedar Ridge Farm Subdivision Well No. 4: located in the
SW1/4NE1/4, Sec. 13, T. 7 S., R. 88 W. 6th P.M., 1850 feet from the North
Section line and 2340 feet from the East Section line, in the amount of 15
g.p.m. Lot 4, Filing #1, Cedar Ridge Farm Subdivision (proposed).
(E) Cedar Ridge Farm Subdivision Well No. 5: located in the
SW1/4NW1/4, Sec. 13, T. 7 S., R. 88 W., 6th P.M., 2000 feet from the North
Section line and 1740 feet from the West Section line, in the amount of 15
g.p.m. Lot 5, Filing #1, Cedar Ridge Farm Subdivision (proposed).
(F) Cedar Ridge Farm Subdivision Well No. 6: located in the
NW1/4NW1/4, Sec. 13, T. 7 S., R. 88 W., 6th P.M., 450 feet from the North
Section line and 1290 feet from the West Section line, in the amount of 15
g.p.m. Lot 6, Filing #1, Cedar Ridge Farm Subdivision (proposed).
(G) Cedar Ridge Farm Subdivision Well No. 7: located in the
SW1/4SW1/4, Sec. 12, T. 7 S., R. 88 W., 6th P.M., 100 feet from the South
Section line and 1590 feet from the West Section line, in the amount of 30
g.p.m. Lot 7, Filing #1, Cedar Ridge Farm Subdivision (proposed).
6. On November 2, 1984, in Case No. 81CW497, the Water Referee for
Water Division No. 5 awarded to each of Cedar Ridge Farm Subdivision Well Nos.
1-7, 0.033 c.f.s., conditional, to be used for domestic in-house use,
non-commercial lawn and garden irrigation, stockwatering and standby fire
protection, each with an Appropriation date of December 28, 1981. The
Claimant was directed to file an Application for Quadrennial Finding of
Reasonable Diligence in the development of these conditional water rights in
November of 1988 to maintain said conditional water rights in full force and
effect. This Ruling of Referee was confirmed and made a Decree of the Court
on December 4, 1984.
7. On November 29, 1988, as directed by the Court in the original
finding of reasonable diligence, the Claimant filed, in Water Court for Water
Division No. 5, an Application for Quadrennial Finding of Reasonable Diligence
in the development of these conditional water rights.
In support of this Application, the Claimant has submitted a detailed
outline of the work performed and the expenditures made during the last
quadrennial diligence period toward the development of these conditional water
rights.
The Referee, having examined the information submitted by the Applicant,
and having completed the investigations necessary to make a determination in
this matter, does find that the Claimant has shown reasonable diligence in the
development of the proposed appropriations of the 0.033 cubic foot of water
per second of time conditionally awarded to each of said wells; and therefore
concludes that the above entitled Application should be granted, and the
conditional water rights be continued in full force and effect.
,e
(XII -1988)
Smith 88CW378
Ruling of Referee
Page 3
• •
Application for a Quadrennial Finding of Reasonable Diligence shall be
filed in November of 1992 and in November of every fourth calendar year
thereafter so long as the Claimant desires to maintain these conditional water
rights or until a determination has been made that these conditional water
rights have become absolute water rights by reason of the completion of the
appropriations.
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
Dated /J. -k4. -J a 3 /ye,
.Ee
neer—Dat
42-vLGc
BY THE REFEREE:
/4.12 b44-44
Water 'Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this court.
/,/cJ2 /iil .
Dated
rc^...
til.j�!.
• •
Carbondale & Rural Fire Protection District
November 10, 1997
Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Sandra Smith Subdivision Exemption
Mark:
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 963-0569
I writing in reference to a proposed subdivision exemption for the Sandra Smith property at 3059
County Road 103. The proposal would split one lot into two lots with existing residences located
on each lot. I would offer the following comments regarding fire protection for the lots.
1. Access to the existing residences is adequate via the driveway off County Road 103.
2. Water supplies for fire protection would be provided with water carried on fire apparatus.
3. Response time to the area is approximately 10 to 15 minutes, with response coming from Station
No.5 located on County Road 100 and Station No.1 in Carbondale.
4. Due to the fact that both lots already contain residences, payment of development impact fee
would not be required.
Please contact me if you have any questions.
Sincerel
Bili Gavette
Fire Marshal
• •
MAILING LIST OF PROPERTY OWNERS
SMITH SUBDIVISION EXEMPTION
1. Thomas A. Minetree, 1110 S. Jackson Way, Sheffield, AL
35660-5747.
2. John and Susanne Clark, 131 Fox Hollow Rd., Woodside, CA
94062-3607.
3. James M. Stokes, 3057 County Road 103, Carbondale, CO
81623.
4. David T. and Charilynn J. Whiddon, P. 0. Box 1148,
Glenwood Springs, CO 81602-1148.
5. Galen B. and Pamela D. Smith, P. O. Box 241, Snowmass, CO
81654-0241.
6. Marc A. Bassett, 202 Cotton Hollow Ln., Carbondale, CO
81623-8835.
7. Pamela Betramo and Russell E. Fritz, 617 E. Cooper St.,
Aspen, CO 81611-2083.
8. Pamela A. Hofmann, 9 Deer Path, Carbondale, CO 81623-
9614.
9. Martha C. Pickett and Edgell Franklin Pyles, 320 W. Main
St., Aspen, CO 81611-1614.
10. Arnold P. Jacobson and Chi -Chi and Lu Chi-Wa, 7 Redwing
Lane, Carbondale, CO 81623-8821.
STATE OF COLORADO )
)ss
County of Garfield )
IU. 1.8 1W
57k 808 PAGE864
At a aciz, meeting of the Board of County
Commissioners for Garfield County, Colorado, held in the Commissioners
Meeting Room, Garfield County Courthouse, :in Glenwood Springs`on
mnrliay , Lhe lith o£ July A.D.: 19 9l r
there were present:
Arn_elrl I_ ''tar< _e_y__ , Commissioner Chairman
FlrnPr C:lrckey? ArHan, y , Commissioner
M r i an i S.ii.i:_ , Commissioner
`
nag nPF„:� , County Attorney'
Mi L L:pe Al sduy_f—_ , Clerk of the Board
Chi . Deschg.,aSt , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 91O62
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE
CEDAR RIDGE SUBDIVISION.
WHE: NS, Sandy Smith has filed an application with the Board of
County C_:.inissioners of the Garfield County Planning Department, this
Board finds as follows:
That proper publication, prblic notice and posting were
7rovided as required by law for thehearings before the
Planning Commission and Board of County Commissioners.
2. That the hearings before the Planning Commission and Board of
County Commissioners were extensive and complete, that all
pertinent facts, matters and issues were submitted and that
all interested parties were heard at that hearing.
3. That the Garfield. County Boardof Commissioners recommended
approval of the Preliminary Plan.
4. That the proposed subdivision of land: is in compliance with
the recommendations set forth in the Comprehensive Plan for
the unincorporated area of the County.
5. That all data, surveys, analyses, studies, plans and designs
as are required by the State of Colorado and Garfield County
have been submitted, reviewec: and found to meetali sound
planning and engineering requ:.remonts of the Garfield County
Subdivision Regulations.
6. That the proposed subdivision of land conforms to the Garfield
County Zoning Resolution.
7. That for the above -stated and other reasons, the proposed
subdivision is in the best interest of the health,\ safety,
morals, convenience, order, prosperity, and welfare of the
citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the
Cedar Ridge Subdivision for the following described unincorporated area
of Garfield County be approved with the following conditions:
ornAra
•Il
5cloK ,Si g Pr.j.865
1. That all representations of the applicant, either within the
application or stated at the public hearing before the Board
of County Commissioners shall be considered conditions of
approval, unless otherwise stated by the Board of County
Commissionerf-.
2. That the applicant shall reserve a tract of adequate size in
a central 1',cation tor a community dumpster. The tract shall
include a concrete pad with wood fencing or masonry walls for
screening Purposes. This tract shall be dedicated to the
Homeowner's Association and reserved in perpetuity for this
purpose. The Homeowner's Association shall be responsible for
the upkeep and maintenance of this tract.
?. That the Homeowner's Association shall be incorporated in
accordance with C.R.S. requirements.,
4. That the applicant shall submit a subdivision improvements
agreement addressing all on-site and off-site improvements
prior to the submittal of a Final Plat..
5. That the applicant shall submit improvement plans for all
roadway -improvements prior to the submittal of a Final Plat.
6. That the following plat notes shall.be included on the Final
Plat:
1. Soils test and engineered foundations shall be required
or. I.,ots 1-3 and may be required on all other lots.
2. r.ngineerec' wastewater systems may be required.
Wildfire prevention guidelinesof the U.S.F.S./Colorado
State Forester shall be incorporated in site planning and
residential design.
That the prcposed roadway shall be constructed in accordance
with Sections 9.34 and 9.35 of the Subdivision Regulations.
In addition, any subsequent standards and specifications for
road design that are adopted prior to the submittal of the
Final Plat may be applicable.
That the applicants shall provide written endorsement from the
Colorado Division of Water Resources.
9. 'Ticar the applicants shall provide written authorization by the
Carbondale Fire District consentingto the cul-de-sac design.
10. Th.: all utilities shall be placed underground.
il. That the applicant shall submit $200 per lot in School Impact
Fees prior to the submittal of the Final Plat or in
conjunction with the Subdivision Improvements Agreement.
12. That the water rights for the domestic wells be transferred to
the Homeowner's Association or the individual lot buyers.
13. That the applicant shall make provision for repayment of
pavement costs to the Hawkridge developers as identified in
their Subdivision Improvements Plan.
14. That the applicants shall modify Article 3 of the proposed
"Protective Covenants" to bring them into compatibility with
minimum zoning regulations.
15. All recommendations of the Division of Water Resources in
their 9-11.-90 letter shall be incorporated into the Final Plat
and the applicants covenants.
i5. The applicants shall (chip and seal) surface C.R. 103 from the
end of the pavement to the entrance of the Cedar Ridge Farm to
a similar standard as required for Mawkridge.
nu 808 PoESGf
17. The applicants shall revegetate all cut slopes and disturbed
areas with a certified weed freeseed and monitor.
LEGAL DESCRIPTION: See attached Exhibit A.
Dated this 1 -rt, day of ',inly , A.D. 1991 .
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
CCL�-
Clerk of the Board
Chairman
ti
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
ArnnLd i._ Markley
, Aye
Ehler. (Rprkey) Arhanr-y. , Aye
, Aye
STATE. OF COLORADO )
)ss
County of Garfield )
I County Clerk and ex -officio
Clerk of the Board of County Commissioners in and for the County and
State aforesaid do hereby certify thati the annexed and foregoing
Resolution is truly copied from the Records of the Proceedings of the
Board of County Commissioners for said <Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
s ,:]. of said County, at Glenwood Springs, this day of
, A.D. 19
County Clerk and ex -officio Clerk of the Board of County
Conunissioners
Hook 375 Page 50 LLLL aR
ala mord ord th....2r} der of „Ear a. A. D. Ir -.5 60....11.. Q�RHaa-tAy,
R0000tion No..2_ 4013
-#esg&ry------- ssaor mia
Mbifr Mee?), Made this 1 5th day of February to the year of our Lord
ono thousand nine hundred and sixty—six between CHARLES P. RENFTLE and IMA
RENFTLE, also known as Ima Mae Renftle,
of the County of Garfield and State of Colorado, of the first part, and
NORMAN E. SHERWOOD, JR. and MARY N. SHERWOOD
of the County of Garfield and State of Colorado, of the second part;
Witnesseth, That the said part ies of the first part, for and in consideration of the aim of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS INMOCOS
to the said part ieS of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha v e granted, bargained, sold and conveyed, and by these presents do
grant, bargain sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in
,cont tenancy, the survivor of them, their assigns and the heirs and aaallgna of such survivor forever, all the following
described lot t3 or parcel S of land, situate, lying and being In the County of Garfield and State
of Colorado, to -wit:
See description attached.
DIM'V elm -Etat.
tain ng, andTogethert eth rreversiondand�reversions, lar the oremaindertand remainders rentshIssuesbandnprofitor in s thereof; 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 appurtenances.
pTo Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said
antes of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
And the said part ieS of the first part, for them selves , t �tdiR executors, and administrators, do
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns
and the heirs and assigns of such survivor, that at the time of the ensenling and delivery of these presents, hey
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of �erittance an
in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except reser
vations in United States patents ;
and the above lr/rgafned premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any pati thereof, the said part ieS of the first part shall and will
WARRANT AND FOREVER DEFEND.
In Witness Whereof, The said part ieS of the first part have hereunto settheir hand S
and sea13 the day and year first above written.
Signed, Sealed and Delivered in the Presence of .
•
STATE OF COLORADO,
County of Garfield }e°
21st The foregoing Instrument was
acknowledged before me this day of MarCh
aby Cht11~.J..va.T.....Rextftle....ond....Ima...Rcnet.le.,....a.1s.aknown..
a .Ima_Ma.e-Rrn.ttle..
Witness my hand and official seal.
My commission expires July 271969Notary c
*If Retina In olaelai or raprexnutiva rnoaeltr. Maori Demo and Rfa Dias or enynclbtr and tor whom letlna.
1500-1winRANTY DEED TO JOINT TENANTaJOot want prinuna and Sutlonarr On., Colorado Corinna. Oolorndo
1
Book 375
Page 51
SEkSE'k Section 11 except beginning at the Northwest corner of said
SE'SE'3 thence South along the West line of said SEkSEk 388 feet, thence
Northeasterly 166 feet to a point 292':feet south of the north line of
said SEkSE'k, thence North 292 feet to the north line of said SE'SE',
thence West 127 feet. Lots 6, 7, 8 and 10, NE'kSW' Section 12; Lots 1, 2, 3
4, 8, 9, 10, 13, 15 and 16 of Section 13; E?NE's Section 14; all in Town-
ship 7 South, Range 88 West of the Sixth Principal Meridian.
Lots 1 and 2 and that part of Lot 14, Section 18, Township 7 South,
Range 87 West of the Sixth Principal Meridian which lies Westerly of
the County Road as it now crosses said lot.
A tract of land situated in Lot 14 of Section 13, Township 7 South,
Range 88 West of the 6th P.M., Garfield County, Colorado, described
as follows;
Beginning at the Northwest corner of said Lot 14 whence the North
Quarter Corner of said Section 13 bears N. 00°27'54" W. 1483.88 feet;
thence S. 87°25'18" E. 1332.32 feet along the Northerly line of said
Lot 14 to the Northeast corner of said Lot 14; thence S. 01°13'12" E.
420.00 feet along the Easterly line of said Lot 14 to a point in the
center of a county road as constructed and in place; thence S. 55°31'40"
W. 115.34 feet along the center line of said road; thence S. 83°30' W.
362.00 feet along the center line of said road; thence S. 72°47' W.
288.00 feet along the center line of said road; thence S. 83°25' W.
271.00 feet along the center line of said road; thence S. 74°25'31" W.
165.92 feet along the center line of said road; thence S. 43°11'10" W.
197.29 feet along the center line of said road to a point on the South-
erly line of said Lot 14; thence N. 89°16'38" W. 38.79 feet along the
Southerly line of said Lot 14 to the Southwest corner of said Lot 14;
thence N. 00°27'54" W. 890.33 feet along the Westerly line of said Lot
14 to the Northwest corner of said Lot 14, the point of beginning,
containing 19.10 acres, more or less.
A tract of land situate in the NE''SE1/4, Section 11, Township 7 South,
Range 88 West of the Sixth P.M., described by metes and bounds as
follows:
Commencing at a point on the SE corner of said NE4SE'; subdivision;
thence North along the East line of said subdivision 608 feet to a
point; thence Southwesterly along the South bank of Cattle Creek 983
feet to a point on the South bank of said creek; thence 60 feet North
and across said Cattle Creek; thence Westerly 40 feet; thence South
60 feet to the South bank of Cattle Creek to a point; thence South-
westerly a distance of 220 feet to a point on the South boundary line
of said subdivision 127 feet East from the SW Corner of said subdivi-
sion; thence East 1193 feet along the South line of said subdivision
to the point of beginning, containing 11.2 acres, more or less.
Together with any and all water and water rights and ditches and ditch
rights belonging to or used in connection with said real property, and
particularly, but not limited to a pro rata interest in the Needham
Ditch and 2.2 second feet of water allowed to flow therein under Priority
No. 163; and 15 shares of stock of the Park Ditch and Reservoir Company.
• Also conveying all Bureau of Land Management ;razing rights and privileges
which are adjacent to and used in connection with said real property.
First parties except and reserve a perpetual non -participating royalty
of 1/32 of all oil, gas and other minerals which is or may be in, upon
or that may be produced from the above described real property.
First parties also except from the above described property that part
of the SES Ek Section 14, T. 7 S., R. 88 W. of the 6th P.M. conveyed
to Joe Pitts by Warranty Deed dated September 18, 1953 and recorded as
Doc. No. 202764 in Book 311 at Page 122 of the Garfield County, Colorado,
records, containing 10.7 acres, more or less; the 5 acre tract hereto-
fore deeded to second parties by Warranty Deed recorded as Doc. No.
224989 in Book 357 at Page 87 of the Garfield County, Colorado, records;
and the 16.287 acres heretofore deeded to George J. Petre by first
parties and second parties situate in Lot 10, Section 13, T. 7 S.,
R. 88 W. 6th P.M. as described in the Quit Claim Deed recorded as
Doc. No. 732713 in Book 371 at Page 567 of the Garfield County, Colorado,
records.
EXCEPTING easements and rights-of-way of a public or private nature
including County Road easements.
• •
LAW OFFICES
ROBERT B. EMERSON. P.C.
86 SOUTH THIRD STREET
CARBONDALE. COLORADO 81623
(970) 963-3700
ROBERT B. EMERSON
November 11, 1997
Mr. Eric McCafferty
Senior Planner
Garfield County Planning Dept.
109 Eighth St., Suite 303
Glenwood Springs, CO 81601
Re: Sandra Smith Exemption Application
Dear Mr. McCafferty:
FAX (970) 963-0985
In response to your letter of November 6, 1997, enclosed please
find the following:
1. Submittal requirement D - Names and addresses of those
persons to whom notice must be given. See enclosed list.
2. Submittal requirement F - Letter of approval of the
Carbondale and Rural Fire Protection District re availability of
fire protection services. Letter enclosed.
3. Access across Parcel A to Parcel B. There is an
existing roadway across Parcel A for which access is provided to
Parcel B. The roadway is shown in part as a 30 foot access
easement on the enclosed map. When the subdivision plat is
prepared, it will show an additional 30 foot access easement for
the roadway leading to the house on Parcel B. In addition, the
right of access will be reserved in the deed of conveyance when
Parcel A is conveyed to a third party. Please let me know if
this is satisfactory.
Please schedule the hearing before the County Commissioners for
December 15, 1997. I look forward to working with you on this
matter.
RBE/jc
Enclosures
cc: Sandra Smith
Sincerely,
Robert B. Emerson
• •
MAILING LIST OF PROPERTY OWNERS
SMITH SUBDIVISION EXEMPTION
1. Thomas A. Minetree, 1110 S. Jackson Way, Sheffield, AL
35660-5747.
2. John and Susanne Clark, 131 Fox Hollow Rd., Woodside, CA
94062-3607.
3. James M. Stokes, 3057 County Road 103, Carbondale, CO
81623.
4. David T. and Charilynn J. Whiddon, P. 0. Box 1148,
Glenwood Springs, CO 81602-1148.
5. Galen B. and Pamela D. Smith, P. O. Box 241, Snowmass, CO
81654-0241.
6. Marc A. Bassett, 202 Cotton Hollow Ln., Carbondale, CO
81623-8835.
7. Pamela Betramo and Russell E. Fritz, 617 E. Cooper St.,
Aspen, CO 81611-2083.
8. Pamela A. Hofmann, 9 Deer Path, Carbondale, CO 81623-
9614.
9. Martha C. Pickett and Edgell Franklin Pyles, 320 W. Main
St., Aspen, CO 81611-1614.
10. Arnold P. Jacobson and Chi -Chi and Lu Chi-Wa, 7 Redwing
Lane, Carbondale, CO 81623-8821.
11. Mr. and Mrs. Gary Faldasz, 3059 County Road 103,
Carbondale, CO 81623.
12. Marcelo Cruz, 3059 County Road 103, Carbondale, CO
81623.
wan
lot 7
7194 1. Costill° Place
Englewood, col 80112
Lel 1
nd Madeline Larson
till 5f. Suite 101
alorodo 81611
Richard Honig
3057 /03 Rd.
Carbondale. CO 81623
/ r1 Cwnw
3eclin I.A r 7 J. R W w
P. 0. B.
'1
l:.
O /03
I l
1,k
}.ki1J�I1�/1/ 111 i1
VICINITY MAP
SCALE: r • .3000'
8LM
as described.
bar and cap L.S. 15710.
nil monuments as shown.
together with the right 10
. reserved by the United Slates
December J0, 1941. in Book 205
-10794.
•n -participating royalty of I/02 of
reserved /n Document No. 214010
'wiles P. and Imo Rennie.
1 dsGNcY
n�be
_
103 E6_
16.3 1'
----tan
cif. 16'
tit 10•
—.____0..33'
148.94.
— lJ9 J3•
39.:3•
Air
71.33'
10.33'
'76.11'
— 65JI'
39_77_'
1300'
103.1)'
3_
43 03'
—1.33•
123.04'
=53.66•
'1
. John and Suseonne Clark
cjo Pettit and Martin
10) California Sl J5th Floor
Son Francisco, Ca. 94111
Karl C. and Aladeline Larson
201 N. Mill Sl. Suite 101
. Aspen, Colorado 81611
—its 20 7r2j'1
sf.3a er)lsii'
•j1 ifse• i?0".e1' elotgr f
9q' s6.i'—N alii rLsp?'
a3_ 3137 ;-----016'3 137734
i9.»_--�I7r' 2 sit
;.:1. 3122 IOj!0' N I '1 r 09'1671'
013 3
0'93' li
4i •_—, 1du r B03•si
s
•.)6' 71� 14.7. 1351'31
7 06 ii9.4r 1J7f1 r
'.03___:!,66' Ir FW
LIT i6.0P 90 • N 1'.1r yllsY
,3: ii.93r e.4s' It14 0(17.4P
'1J2 ---i153'2-17•0-
in
O
---
Karl C. and Aladeline Larson
201 N. Mill 5f. Suite 101
Aspen, Colorado 81611
L3
CZ----7"
0
/ ftaae 1' 1.1 7
,Armes .4 JoceoeN o.Un.
1 7 Redwine Dike
k. Co.6.adJ.. Cola 1/473
i7
1
L. 1
PNIre Reiff end
Bad NreAenren 1I
I
3170 /0J Rd 11613
C.r1.nd.le. Co.*
Rawl: Ridge Subdil ision
8.l 1
ubroV114/,All Ce/1.
c '. NIM✓ Ack.nnon
17 OW, 01/1 •
Carbondol., CNe. 1'6.
A
Iteeurdcll ut /o'clocpk ,
Iteception No. .j •�)i)1i.1..
r.l
rl'IIIS DEED, Made this ,�_�''
1981 , between N. l..ee Lacy
•/1\c1: -1J
clay of !lay
of the County of Los Angel es
max of the first part, and Sandra Smith
whose legal address is P. 0. Box 853
Aspen, Colorado 81612
of the
County of 1' 1 Lk In and State of Colorado, of the second
part; •
\V ITN I SSIi,•I'II, That the said party
of Ten Do Tars and other good and
bUUK i G t ALI . .0v •.
2.19.1
Cn.l.i fornia
and State of 016115X
ecorder.
RECORDER'S STAMP
MAY 2 2 1)88
!TM Tonin ^tAnA}r Ffv
of the first part, for and in consideration of the sum
valuah1e consideration
flUt 1uu L6x
to the said part y of the first. part, in hand paid by the said part y of the second part, the
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con-
veyed, and by these presents do es grant., bargain, sell, convey and confirm unto the said
part y of the second part, her heirs and assigns forever, all the following described
tt)Yxxrtrc parcel s of land, situate, lying and being in the County of Garfield
and State of Colorado, to wit:
See I ;xh i ll 1 t A attached heretlI .Inti Ilv t II I s reference incorporated herein.
See also Alldendom A attached hereto and by this reference incorporated herein.
atcao)lc»ixutn 31.114111: anthe.rx
Tog -ether with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever,
of the said party of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described, with the appurtenances, unto Sandra Smith
the said party of the second part, her
heirs and assigns forever.
And the said N. Lee Lacy
part v of the first. part, for It 1i el f his heirs, executors and
administrators, do es covenant, grant, bargain and agree to and with the said part y of the
second part, her heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part v of the second part, her heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part y of the first. part to WARRANT AND FOREVER DEFEND.
1N \V ITN ESS 1VII E It l?OIP, The said part y of the first part ha hereunto set his
hand and seal the day and year first above written.
Signetl, Seabed and 1)I'liverl'll in t he Ill t'senee of
it
1
\11 t11 1 \I 11"it '.1\ 1
((It•\1, t)1 LOS TK;t1.1?,Si
(I, 11,1. 14t.h
1..
L. ec /c
Lee Lacy /
/ C rG ! "tel // f L.
/• LI
-,7/ 47, i/7- /1711-
. I!) 81 , ht(nrr' me, Ilke Hll. I •iltnl .I.
.1 ‘...t.11, 1ull. n. n..1 I..1 ..1.1 1 ...r.• I '.' 1• i . n.11� d1111r;u'•lI ..._
I, I.. lip
11i 11 moan A. I In I
In I II..• Ili iv,n
1 \ \ ie 1 I ..1
.....I . l .,,,L.L .I I 111. II.ti
Ill... I., . 111111. 11..1unl
\1'I I \‘1.'1'"; ‘• It 11111 .111.1 .1111. I .l .,
.`•n•I. •Ito, --- 1 t.>•......-cw)t ...
Paine 1a S. Welton
is
IJ. l e T,acy
111!
111 i
1... 111..11 Ili Hanle
n 11.1111.
�nL�. rihrll 10 1111' %%1111111 iminnnenl,
of . N. Lee Lacy-
ne .\Ilnrnev
111 fart
OFFICIAI. SEAL
PAMELA S WELTON
NOTAar PUBLIC • CALIFORNIA
LOS ANGELES COUNTY
My comm. explies OCT 7, 1984
4
'SEAL]
'SEAL]
'SEAL]
• Public.
- bitf-..
No. 16 sl'ha'l,II %1AIIIt%NII DEED .nd1.,n11 :11,1 .; I:'11r191outstreet. nenver,Coloredo(573-6011)12-17
.:u
BOOK 572 PAGE 540A
ADDENDUM A
To Special Warranty Deed
Between N. Lee Lacy and
Sandra Smith dated May (XL, 1981
Th12 par Ly of the second part hereby acknowledges
that title e to the subject propel Ly is encumbered by the
following:
(1) t)eecl of Trust for the use of Norman E.
Sherwood and Mary N. Sherwood recorded
in Book 487 at page 853 and assigned to
the Bank of Glenwood by instrument re-
corded in Book 51.3 at page 62 of the
Garfield County records; and
(2) Deed of Trust recorded in Book .W2 at
page . of the Garfield County records
securing the party of the first part's
non-recourse promissory note to Joe L.
McClung and Judith J. McClung for the
principal sum of $174,1.28.00.
Tho pitrty of I he !;econd part hereby assumes and
agrees to pay said obligations referred to in numbered
paragraphs 1 and 2, above and further agrees to become
personally responsible for and liable on the promissory
note referred to in numherec.l paragraph 2, above.
a;-1 1'
/ /%//
6010s
PARCEL A:
EXHIBIT A
TO SPECIAL WARRJ\NTY
DATED MAY j,kI'; 1981
BETWEEN N . I.EE LACY
AND SANDRA SMITH
LUL 4, 1'Aci1: J4UU
A parcel of land situated In the ilJ'r of Section 1.2 and the N1/2 of Section 13,
Township 7 South, Range 88 Went of the Sixth Prinicpal Meridian, described as
follows:
Beginning at the Quarter- Corner common to Sections 12 and 13 in said Township
and Range, thence S. 84°16'22" E. along the Section line between said Sections
12 and 13, 210.00 feet to a point in the center of the Park Ditch; thence along
the centerline of said ditch S. 16°07'31." E. 40.35 feet; thence S. 26°17'50" E.
76.58 feet:; thence S. :34°58'50" W. 1.79.02 feet; thence S. 21°25'52" W. 97.27
feet; thence S. 09"41'43" E. 57.78 feet:; thence S. 14°07'35" E. 322.35 feet;
thence. S. 12°03'17" E. 139.33 feet; thence S. 73°54'25" W. 138.94 feet; thence
S. 01°31'1.4" E. 294.00 feet; thence S. 05°28'32" E. 109.40 feet; thence S.
21°16'33" E. 67.58 feet; thence S. 64°12'36" E. 116.10 feet; thence S. 52°13'39"
E. 95.46 feet; thence S. 10049'10" E. 116.53 feet; thence S. 26°39'52" E. 157.36
feet; thence S. 18°20'39" E. 70.39 feet; thence S. 27°01'44" E. 142.09 feet;
thence S. 39°23'09" E. 143.24 feet; thence S. 02°53'08" W. 96.14 feet to a point
on the Northerly right-of-way line of County Road No. 103; thence along said
right-of-way line, 59.3.1 feet along the arc: of a curve to the right, having a
radius of 1044.57 lett, the chord of which bears S. 81°47'25" W. 59.30 feet;
thence S. 83°25'00" W. 115.08 feet; thence 116.32 feet along the arc of a curve
to the left, having a radius of 741.22 feet, the chord of which. bears S. 78°55'16"
W. 116.20 feet; thence 230.70 feet along the arc of a curve to the left, having
a radius of 423.13 feet, the chord of which hears S. 58°48'21" W. 227.86 feet;
thence 90.93 feet along the arc of a carve to the left, having a radius of
408.67 feet, the chord of which bears S. 36°48'42" W. 9.0.75 feet; thence leaving
said right-of-way line N. 89°.16'38" W. 32.34 feet; thence S. 01°06'40" W. 492.34
feet to a point in the center of said Park Ditch; thence S. 79054154" W, 105.66
feet along the center of snld ditch; thence N. 06°38'19" W. 240.30 feet; thence
N. 73°01'11." W. 409.45 feet; thence N. 54°06'22" W. 675.91 feet; thence N.
1.0°48'08" W. 313.56 feet; thence N. 12°35'49" W. 1436.10 feet; thence N. 18°16'24"
W. 529.17 feet; thence N. 00°19'40" E. 456.51. feet; thence N. 88°12'04" W.
174.20 feet; thence N. 10°24'04" W. 591.49 feet; thence S. 77°29.'14" E. 737.75
feet; Lhence S. 27008'04" E. 412.25 feet; thence S. 01°18'01" E. 122.39 feet;
thence S. 03°51'39" E. 233.82 feet; thence S. 45°01'08" E. 273.91 feet; thence
S. 03°42'58" W. 76.44 feet; thence N. 87°58'57"•E. 762.34 feet more or less to
the Quarter corner common to Section 12 and 13 in said Township and Range, the
point of beginning. EXCEPT that poi t Ion of said parcel lying in Lot 7 of Section
1.3, said Township and Range.
PARCEL 11:
A parcel of land situated 1n Lot 8 el Section 12, Township 7 South, Range 88
West of the Sixth Principal lleridlan, described as follows:
Beginning at the Quarter: Cornu between Sections 12 and 13 in said township and
range; thence S. 87058157" W. 762.14 feet along a fence; thence N. 03°42'58" E.
76.44 feet; thence N. 45°01'08" W. 2.73.91 feet; thence N. 03°51'39" W. 233.82
feet; thence N. 01°18'01" W. 122.39 feet; thence N. 27°08'04" W. 412.25 feet;
Lhence S. 77°29'14" E. 1.166.80 feet to a point on the North-South Centerline of
said.Sectlon 12, thence S. 01°27'21" E. along the North-South Centerline of said
Section 12, 713.07 feet tc, the polo! of beginning.
COUNTY OF CARE 11:1.1)
STATE OF COLORADO
Together with any :end all wat ec ; l0,t :; appurtenant to the lands, including but
not limited to 7.5 shares of :;t oc l: of lark Ditch and Reservoir Company, a Colorado
corporation, PROVIDED IIOt•JEVI•Ic , t 1;; 1 1.1 water rights are conveyed herewith
without warranties of title.
001699 /7( /j
/0,7
Int 7
S 77.79 f /
71�Ar
121
nd Madeline Larson
fill SL Suite 101
olorodo 81611
W
7
c3
O
LOT 7
17.6 Acs•±
$ 2r
7 1
7194 1. Costar) Place
Eng/e000d, colo080112
11s
C7
f
L28 175
\
z \
30• Areas. and 11b)V• ruemenl '
434 1:4
LOT 6
Richard Honig
3057 /03 R
Corbondele, CO 91673
Il/�y;>;111 IICI (/1y�,
•
,0005(65
tOAO /O3
4
I
1 ,
Li!?iT
VClNIT' MAP
Serf:.n 1� r 7 5 R 68 W
a.• n 't B.
d h 762..34'
1
Cs ,1 a 5 87'58'57" k' 3;939'
367 95'
S 84'1617. E
as described.
or and cap L.S. 15710.
nd monuments as shown.
together with the right to
reserved by the United States
December J0. 1941, in Book 205
14.1..14.
'n -participating royalty of 1/32 of
reserved in Document No. 21401J
',arks P. and Imo Renflle.
1 psTAN,575
113 oe'
'- 105.66'
96.7 4'
117.09'
i3 Ie'
91.16'
:7Q.i0'
87.58
:1.55909.10'
4'
-779.3E
37.70'
07.17'
76.58'
--- :74.20'
172.79;
IIJ 00'
63 44'
79.71'
•,-- 8:.27'
7300'
:03.15'
__ 47 87'7•
r 7.5.66'
73.66'
9.5 Acs.±
t.l
Karl C. and Madeline Larson
201 N. Mill St. Suite 101
. Aspen, Colorodo 81611
1A
_._-14:727,711-----'-64,
IT4
73.66' - 90.75' J6-Id'4
93'_,__-.-.- I/6.70• S 74'55'1-6' M 08'59.2
J1• 38.14-- 70___2SaE•41Vr •' J ,,,,r
0� IIeJo' _ � II
,_-4F- 79;6-3' S9_J0 N rdl'7S'£ 0 Ti'SO'
'. 93.-..--53.4---- 65 30.89• N Ogg.-
a3� JJJ41• N f_94. 18' ,1 N
i.. 6• 67.57_,__ -_ i-9 1 58' £ 7005'11
} 47.24 377.7°• s : or163i
.-11• _ a1.22___I0�10• N t '!� r 9'7
eb__ JI.70' 64.19_5 IrID-J7•I.i r
t37' --67.47. ---�ju.7 iol�u w o _77r
776' 717• 1779'47' £ IT51'1l
'.08_-_s.?8' IJ9.I7'
'i2.______°4'- 90.77• N�-1-r9'357r eras.;
,48' i;.ar ..8:75'_.7.-7I_roo" £ or','
:. CJ'-- mar - 19� o34J'1s £ ov'49•�'
:.C2_ _ 17.05_ 79.99 Levy's'
'f0' .-- -10.69--- II���oY r 10'51•
rn
0
• Q
O
05
75
m
LOT 8
46.1 Acs.±
LOT 5
7.3 Ace.±
Z
4-
LOT 1
6.0 Acs.±
1 29
,L Le N
ul
210.00'
No
• LOT 2. `d• •
4./ Aca.±:
1
7
' 711.0E
1
LOT 3
�1 cis 4.6 Acs.±
%\ G
.6
\a•
SCALE : r • 3000'
BLM
4
Irl
v• o
▪ a
Karl C. and Madeline Larson
201 N. Mill SI. Suite 101
Aspen, Colorodo 81611
7J�lq/.
4'Og 9y., lY
0l
Lh
T
LOT 4
7.0 Acs.±
00
50.00'.
John and Suseanne .Clark
o
c, Peart and Mortara
101 California St J51h Floor
Son Francisco, Co. 94111
ls3d CJe(3,:
/ aoa 1.1 7
0011
James ' me, d 104104.1.430,401.0nN
..0lnn
60 7 Redoing Orhv
Carbondale, Colo. 81673
C1
1
N erarse £
03.37'
011
N q
A 4
0 1a
O •
L3
In
L. 6
Poih,. Rn14 .n4
Bud Abrahamson
3120 10J Rd 1677
Carbondale, cal.. e
v�
/lowk Ridge Subdivision
1.1
M!„e.rl Wahl, Cara.
'. A,tMo Askerm.n
12 Owrarm
Carbondale, tole. ea ,
n;.u�:.l:rt�:•xt
•
it
Recorded at /%..7 t7 _.o•rjocL .,11
R•teptloa No_274 019
487 =.A ;
r: j ra.+.. �d )—_....Recorder.
FILING S't VItir
THIS DEED, blade this .16th August
day of
In the year of our Lond one thousand nine hundred and seventy-six, 1 _
between '.!NORMAN E. SHERWOOD, JR. and MARY N.
SHERWOOD, husband and wife l
of the Coun•y of Garfield ••••1 State Of Y.,1.1r-.__
Colorado, of the eirst part. and THOMAS E. TURNER and-
JANICE R. TURNER, husband and wife,
. in jointtenancy
of the Co,noy of Garfield and State of Colorado, of the second :out:
R'ITNFSSETH, that the said party of the first part, for and in enn,;derat(on of the sum of Ten Dollars.
'($10.00) and other good and valuable consideration
ret:r.,crg-
and other good and valuable eonsidernt(ons to the telt, party of the first part In hand paid by tine raid partied of the'
second part, the receipt whereof is hereby eonfrs•ed and scl.nowledgrol, hos granted, h:rgaintd, sold and conveyed,:.
and by these presents does grant, bargain, sell, convey and c• n'irm unto the reit, partes of s.•c••^d
ran. their:
heirs and assign' forever. not in tcrlanc7 in c -•r. roan Let !n j••'nt t... nr,ry, all the !e!:nw i• g d..er;!,ed lotfor ;
Parcel - of 1:.nd, sit sate, :Ti -g a•.,d 1,I -.g in the
County .4"
Garfield • . ends . e of c..::•..,0
The real property described in Exhibit "A" attached hereto
and incorporated by this reference; any and all water rights
appurtenant zo the lands, includinc but not limited to 7.5
shares of stock of Park Ditch and Reservoir Company, a
Colorado corporation.
TOGEI'I(ER with all and sing•dar the hered!tsmeot, hod r•„urs,•:•.neos lhe••'too to rr.' ,., or in a+.}w!••
n{.prrto!ning and the rev.•rston land rtver•ions, rolrc:!n,ler and .. .'-•ler., r..nl., !•
a Ird pr .lp, .1., r�f;
n11 the estates, right, title. I:.L•rest, claim and I.,d xtia!, „•1':r ••f :L.. • .;d )•.,rcy ,.( t',» '± and
..
or i+.A.•lar
,.gaily, of, in and to the n6ove ha ryained premises, ui:h tl,.',.., � , .,.. Is n•:•I :, i. .•
'1'0 HAVE AND TO HOLD the snid premises above L:;r�;u•., s:•d d• •rr it•. •!. '.i:h :' �'nppur!e...•,rr•, unto th•
.said port!••s of the second part, their heirs :.•.d nnvigns i,.r.c•. r..+-! •' •• .;,! },..,!y „! :he fl..t) .rt, !..r 1 -..:.,.If, 1•I■
h'•in, excel:tors, nod Am!: ra l.•n Tars cov<•:,nt,
:�r.
r gr,:!, ! ••.r, .�n .,' ! , er to ,lad w.hh .n nLl ,,. rtL••f th
s e
ser<.ad port. their 1.. L -s nod n•t-S,nn, t'•nt at the time of t'.r..:.... ...i �'. sirs:. ry• .•r r!:....,. (,•. —.,...' Gla 1. n.. 1 -• :rod
of the pr. -raises a!ave convey'rd, ria of g..vl, sore, p••rf'•rt, r.L-'•!•r:c In no! 1::!; f••::... .. r••..• n! :, 1..i�.•.rr '.. 1,.,,, .
fee r.imple, and las good right, hill p'nver nrol blwfol notI.otity , .'ll :, r.,1 •,
•t ' . ,.,.). tFr .•.roe :� �-aanrr •
and form ufnrrrn41, t.nd that the risme are fr.e rind char from nil f _r•• • r w.4 other
•1, s, n. .amts r.nd Iurr.rflranres o! whnlever kind or cnturr so..v.•r, except those easements,
restrictions, rights of way and reservations as set forth in
Exhibit "R" attachdd hereto and incorporated herein: taxes '
for the year 1976, due and payable January 1, 1Q77.
And the above bore:.inn* !ne:nbra In the goI'•t and peu .•nhle p....,...h•n of thn •.14 perces of the .r••. vl cart, 0.
.olvirnr of them, tl.vlr n :i;; r.e and the toils rind rv'lgn+ of nueli •1.r. Ivor, "1:n!" -t el, rind 'v. ry p. -rtes•. or (.r•;.ns
hew l,l!!)• rinlIr,T1 r.r to c':.i•n a., ivl...'v r•r n r.y Encl. Ihr Neuf the ^n!•1 (...sly of 1he f::.t ( art .1;11 sod 111 WA Itlt.%NT
ANO } fltt M. \'F.R (•Fa•I':N Tho rInGular n"•nher shall scuttle t1.. p11.71, the plus ill the •h.gulsr, had lhr •:sr of any
gr odor . nth 1.e nppCt,I.; 'n all g. oder,..
IN 151IN1: :1 wilt:c1:or the . 1.1 petty of the (Let ',set Ions 1 r.vnln eel is {�..rl xol oral t
r day ,o4 yearf!.,t above wriurn. /
Slgnrt,, Srslyd Lad noi,err•1 In the rzt.,ence of Z IA 5 C. 1d.�rr`l�r� f
'NORMAN E:-7SHERWOOD, JR: ..ISt•.A1.I
..1 F.AL1
STATS OF ff)f f1R I O
County of Pitkin
The foregoing Instromrnt seas acknowledged before m,- this ' ,p "-`- day of \... r •i 1(.
Ly• NORMAN E. SHERWOOD, JR. lest, MARY N. 'SHERWOOD, husband and wi
b1),C•nilmisd"n rrpiers • 191% Wit non.. toy bond and off°ri,l veal.
1
s.tnla+> rr nl r n t'. J.dnl r. n.nr.. 71,............ r, o�^'.
c C"= lar... 7i 1 1•:1 S ...t D•e• r, Colored.
4...; 1".
. . .
CV 487 figfe51':;:r --
. . _ .
EXHIBIT "A" TO WARRANTY DEED 7. LI:IIIItgi:i
SHERWOOD - TURNER H 1' Ii7.1H
• . - .11.'! .:=
A parcel of land situated in the SW4 of Section 12 being a partof.i
the 'Isl}:iSWIt and Lots 6, 7, and 8. Also in the Nh of Section 13,''beingH ..:..
1
„ .
a. -part of the following designated Lots 2, 3; 8, 13, 14, 15, and0.6:.
all An Township 7 South, Ranye 88 West of the Sixth principal Meridian ...-I
.County of Garfield, State of Colorado, lying Westerly of the center
of the Park Ditch as constructed and in place:
HA!.....,.
Beyfuning at the Onartor Corner com,ren to Sections 12 and 13 In!Saidi'.
Township and Ramie, t'im,ace S.84"16'22" E. aloey•the Section lineLl!
between said Sections 12 and 13, 210.00 feet to a point in the:
Hcenter of said ditch; thonce along the c7.!nt.;rlino of said ditchS,t.6":: -I
,04'31" E. 40.35 fnet; thence S.261/'50" F. 76.58 fr..-.!t; thenceS434" !:'''.
58 ' 50" W. 179.02 feet; C.,enee S. 2 1* 25 ' '7,2" W. 97:27 cont.; Oir.ncr2S 09.° I'
41 • 43" E. 57.78 feet; thence S.14'07'i5" F. 322.35 root; thc.ilc:e 5-Jj'..e :-
03'17" E. 139.33 fr:et; tlw:nce S.73"';4'25" W. 1.1!4:94 f.,10-.; thr.nce
31'14" E. 294.00 fc4.; th-w.l.e S.(t5'-i:'42" F. 109.01 rc,;t; thence. S.•21°
16'33" F. 67.58f,.c;t; t!-.,..:, -7.r4' 1%. :'" ,'. 11r.10 r,f.f;
13'3" /•:. 95.46 :-, ! •- .:. 1 ii' ..:.,, i .) , .fl r,.'); r.--.•1; ; Ili,r1,7r1 S. 7b"
4" F. 1...0. 6 .7..-.: ; , . !:. ,i' j" ,... /,-;. ,.1
011 .4. 14-,.."9 ',-,.:; p! .. , ;. -:, .2 i';' ;*. ' 4.,'1 f.c.-;; :14..91c.1 S.4.
Tt :0 1 , .:T,:. --,
of Collrity Rood ro. 101; ti,: :.',- ..,7,. ,./ !..;.i t;.:.!: fl ..,/ lih.', 59.31-
01;-1:1(1 1..!/•.? :! i (7 0 r: 0 ‘:i:' (• 10 : ‘ r:,:;1!- , ; !v; mj .1 r !. ! ; , ' !: # )1. 1 044 : !) 7 •
fr.,47, fAlcf..::)(Jra or whi.Th 1:,-;_lvq: S.'il',.././," W. '.9..',0 r,.. --.v; 171;';nco
s.8.3•25'00" 1•:. 115. o3. fo.:,f.; 11),,,•1 116. 42 - ..! 1 .,, ,.., ,if-. ;„. ..
cuvve to the inft, having a rodie oC 741.12 !....-t, 11 ci,nid of wh:,11
bears: S.78"55'16" W. 116.20 f.-;i!t; Ill.!,1,.7o 2“1./0 f. -.-.t. alofly 1he
of a curve to the 1,•ft, hal/ 111,4 .1 , '1,1; In: ,) F 473.13 fr,•t• , 11,, ri ,,, r1 (›E.
which i:aars: S.!'.848'21" W. 2/.6 f,,,:; 11,-..„.,, ;#0,93 f.,!:,1: ,-(1„-/ 11.1,1
arcs or. , t:Iii ..1-2 li I',10 )s:4, I.v; IIJ .1 1 ti ig.; tor 411R. r)./ !.. -I , f !1,'
of which 1P.:s11:::: 0.3648'42" W. !!0.',5 f,;,:; 111,H.-0 lv.;v1w1 !..tid
of -Way line M.C9•16'38" W. 32.34 f.;(.,44 4ii.,1147r, S.(t1"Otl'U" W. 407.34
' feet 10 a point in the cr2nlor of .fid :%,,'-: nit,tip i'L;11..n S./9"4'1.9"
K. 105.66 foot along l,1,!on::.r oC !..i.1 di:,;h; ::I(11, 'q.0(..'!ti'19" W.
240.30 fr.-;t; 1hence N.Y301'11" W. 409.4.i r.,..:; 11, -.we
W. 6•/5.91 17 17 ' e t: ; 1_11r411713 14,10,48108" W. i I 3.1.6 r;•.,: fl,n,•'
W. 1436.10 feet; thence N.16*16'24" W. '179.1.7 f. '4; Ihc'twr1 N.6u-19,
40".r. 456.51 fnet.; thence 11.18*12'04" W. 1/4.20 rn..1; Ih.,n-o N.10"
24'04" W. 591.49 feet; th,:;n.:e S./1"29'14" E. /3/./5 1,1.4.; ih,,nce
S.2708'04" E. 412.25 focq..; th:;,);:o !4.01'18'01" r. 122. i9 r,,1.;
thnnce S.03°51'39" E. 233.82 rent; 11(•m' S.4501'08" ,' ?/1.'ji: cot;
thence S.03°42'58" W. I( ?,, r....1; I n -1,,,c: N. :4 i,!,8' si" K. /r..34 r,,,,t• , '
more or 1e to the 0.elrLer Cotner ce.ron 10 Seeti(ms 12 and 13
.in said Township and range, the point nf hoyinning.
COUNTY. or (-.V.,FILD
STATE OF COLORADO
C +Ra .j"
-T.
: -
:..487 85
EXHIBIT "B"
SHERWOOD - TURNER
{
1. Rights of %•ay and easements for roads,
canlls, pipelines and utilitystreets,udiditches, n,;
limitel to: A right of way lines including but Holy
Crone Electric Associationnast granted to landa
feet in width to be used as Inc.c, as a stripead pof e15.0'
right o° way and easement being n o7.5hfeet peither wer isidn of
centerline as staked and to be constructed, including,
pole down guys and anchors outside of the fifteen foot
strip of land, insofar as the same may affect the subject
property; recorded as Document No. 254439 in Book 433
as it
at page 25 on July 10, 1972 and the Garfield County road
South, iRange 88 Westplace
ofthe6
nLot
th P.M.
Section
13, Township 7
2. A reservation of a perpetual non -participating royalty
of 1/32 of all oil, gas and other minerals as reserved
in Document No. 234013 in Book 375 at page 50.
3. Subject to reservations contained in the United States
Patent affecting the lands.
4.
Subject to a license for ingress and egress terminating_
December 1, 1976. Upon grantors' construction of an
access road to the county road in Sections 11, 12, 13
and 14, Township 7 South, Range 88 West of the 6th P.M.
buyers shall have a perpetual right of user of said
road, to a point near the now existing ditch divider box
situate near the common corner of Lots 7, 8, 16 and 3
in Township 7 South, Range 88 West of the 6th P.M.
Recorded at, • o'clock
2111.95
Reception No. __
THIS lh:e0. fN.de thin November q`4119 78
tot we.n THOMAS E. TURNERandJANICE R. TURNER,.
c/o Turner Manufacturing Company, 2100 Big
Beaver Road, Suite 3, -Troy, Michigan,
r xAHCiG1tX `deem
PER f670iQ7tdto0ltb[oftheliretpart.tnd
CYNTHIA SEYMOUR-COO
whneetrRaladdreR.i, 3059 103 Road, Carbondale,
ofne county°,
Culurado,olthe second pert:
GarfieldandStat.of
N'ITNESSCTH, That the aa.d partiesof the first pert. for end in coenideration of
:Ten Dollars and other good and valuable consideration .
i to the Paid part ies of the tirRe part In hand paid by *aid part y of the second parr. the receipt whereof
is
hereby continued and ecknowledWed, ha Vegranted, bertrained. sold .nd conveyed, and by those ',regents do
rant, bargain. eel!, leonvey and confirm, unto the raid part -y of t h. s.cnnd pnrt.her heirs' and. assign* for
ever, all the follooindeeeribed>aft - Of p.rcel8 of land. situate, lying end being in the
('ouaty tlf :Garfield and State of Colorado, to wit:
The real property descrlbed in Exhibit A attached hereto
and inborporated,by this reference; any and all water.rights
appurtenant'to the. lands, including but not limited to•7.5
shares:of,stock of Park Ditch and Reservoir Company, a
Colorado°corporation. •
ecorder.
JAN 41979
IT1,TT AThfl FLS .
'TOGETHER with all and singular the hereditaments and appurtenance, thereto belonging, or in anywise appr.r.
li twining, and the reversion and reversions, remainder and remainder., rents, issues and profits thereof, and all tit
estate, right. title. Interest, claim and demand whatsoever of the - Raid part ies of the first part, either it law er
equity,'of, to and to the above bargained premises. with the hereditament* and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the speurtenanNn: ante the
said part y of the second part. her heirs and assignR forever. And the said' art ies
for them eel ves heirs, executors. and administrators. do - covenant. t 'Ot ar?ee t pant,.
with :he said partgrant, bargain, and agree to and:.
y of the second part, her heirn and assigns, that at the time of thesnsealing and delivery
of these presents, :: they are wellseized of the premises above conveyed.
indefeasible estate of inheritance, in law, in fee simple, and ha ave alio,l right,
fut powerperfecnda and uthlutany
to grant; bargain, sell and convey the same in manner and form .R aforesaid. and good
tihe same re free and rI,*r
from all former and other grants, bargains, eaten, liens, taxi,, a.eesnments and encumbrance* of whatever kind of
naturesoever., except: See Exhibit B attached hereto and incorporated
herein by this reference.
and the above bargained premises in the quiet end peaceable pe ion of the said part y of the second part.
her heirs andassignnagainstaltandeverypersonorpersonslawfullyctaimingortoclaimthewheleoranypart
thereof, the said part y of the ftr.tpart shall and willWAr1RANTAND VORE%' RDErrND,
IN WITNESS WHEREOF', the said parties of the first part ha V • "eh tnto*e
and seals the day and year first above written. inland 8 -
W1.•Ar_YOTdK
STATE OF 17t7tt)xRAida
U
`Tt7Tigtil .
County of `1* -1 'i J ,
The foregoing instrument WWIacknowledgedbefore me this
10 78 ,by . THOMAS E. TURNER.
Mycommleebnexpires `YY:jt ,
Ali .7
ST11TE"OF•.pGX.lRADO )
ss.
CC)Ol )
�1HI":`KIN
Te-roregpi ng instrument was acknowll'
' NovembtK�;�1, ..197R, by J NICE R. TURNER,
My' gpIRAgIYn
oexpires L7tL J /
No. 032. PARR ANTY DRIED —f -s• Photo., 604 .cordI*'* Bradford Ruhi,.h
•
.,„JaEA4) i!
-MEEAt) r
---- 'HEAL)
c j"1 N daynf November
.19 79 . Witness my hand and official seal.
?zPRptD SISKIN Newer Pull*.
',Notary Pubic State of Noy !mit
No. 24.4647)95
* inbf,ed in R,nes Counts,
'ria Marv1 19 (X,
':': ie EWc me £ lit3 r day
1 it ?
)1
.c trx v3 Vtu-p.•r I
,t:ary Pubic
I4 Rteot ,argil, Den..r, C.I*r.d.l*t41e 11 t _- 1.711
EXHIBIT A
A parcel of land situated in the SW1 cf Section 12 and the N1 of Secti,n13 ;
Township7'South, Range 88 West of the Sixth Principal Meridian, described.;,
as follows:
Beginningat the
Quarter Corner common to Sections 12 and '13 in said
"township and Range,
thence S. 84°16'22" E. along the Section line between said Sections -12
and 13, 210.00 feet to a point in the center of the Park Ditch:
thence along the centerline of said ditch S. 16°07'31" E. 40.35 feet;
thence S. 26°17'50" E. 76.58 feet;
thence S. 34°58'50" W. 179.02 feet;
thence S."'21°25'52" W. 97.27 feet;
thence S.;09°41'43" E. 57.78 feet;
thence S.'14°07'35" E. 322.35 feet;
thence S. 12°03'17" E. 139.33 feet;
'thence S:'-73°54'25" W. 138.94 feet;
thence S..01°31114" E.,.294.00 feet;..
thence S.`05°28'32" E.:109.40 feet;
thence S.'.`"21°16' 33" E.'67.58 feet;:
thence. S., 64°12'36" E..116.10 feet;
thence S. 52°13'39" E. 95.46 feet;
thence S. 10°49'10" E.;116.53 feet,';
thence S..26°39'52" E. 157.36 feet;
thence S. 18°20'39" E. 70.19 feet;
thence S. 27°01'44"E. 142.09 feet;
thence -S. 39°23'09" E. 143.24 feet;
thence S.-02053108" W. 96.14 feet to a point on the Northerly right-of-way
line of County Road No. 103;
thence along said right -of -way -line, 59.31 feet along the arc of a curve to
the right, having a radius of 1044.57 feet, the chord of which bears
S. 81°47'25" W; 59.30 feet?
thence 5. 83°25'00" W. 115.08 feet;
thence 116.32 feet nlong the arc of a curve to the left, having a radius of
741.22 feet, the chord of which bears S. 78°55'16" W. 116.20 feet;
thence 230.70 feet along the arc of a cove to the left, having a radius of
423.13 feet, the chord of which bears. S. 58°48'21" W. 227.86 feet;
thence 90.93 feet along the arc.of a curve to the left, having a radius of
408.67 feet, the chard of which bears S. 36°48'42" W. 90.75 feet;
thence, leaving said right-of-way line N. .89°16'38" W. 32.34 feet;
- thence S.01°06'40" W. 492.34 feet to a point in the center of said Park
- Ditch;
thence -S.`79°54'59" W. 105.66 feet along the cent -,r of said ditch
thence N.-06°38'19" W. 240.:30 feet
;thence N.-,,73°01111" W. 409.45 feet
thence N.;:",54°06'22" W. 675.91 feet;
-thence N.-`10°48'08" W. 313.56 feet;
-thence N.'12°35'49" W. 1436.10 feet;
thence N.18°16'24" W. 529.17 feet;
thence N.-88°12'04" W. 174.20 feet;
thence N..10°24'04" W.:591.49 feet;,
thence S. '77°29'14" E,:737.75 feet;
thence S.u27°08'04".E. 412.'25 feet;
thence S.-01°18'01" E. 122.39 feet.',/-'
thence S. 03°51'39" E. 233.82 feet`;' -
thence S. 45°01'08" E: 273.91 feat;
thence. S. 03°42'58" W. 76.44 feet;
thence N. 87°58'57" E. 762.34 feet more or less o the Quarter Corner common
to Section 12 and 13 in said Township and Range .he point -of'beginning."
EXCEPT that portion of said parcel lying in Lot of Section 13, said Township.
and Range.
COUNTY OF GARFIELD, STATE OF COLORADO.
4,7
-;
2. Right of ways for ditches or canals as reserved in
Patenta recorded in Book 71, at Page 483 as Reception No. 42198,'
ie Book 12 at Page 264 ap Reception No. 16723, and in Book 112 • -
Ct.Page 535 as Reception No. 75373, and in Book 205 at Page 380
as Reception No. 145554, all of the records of Garfield County, ,
„Colorado. -
•
3. Rights as reserved in Patent recorded in Book 12 at
•Page 264 ao Reception No. 16723, of the records of Garfield
County, Colorado.
EXHIBIT B
f)L
-
General taxes for 1978 due and payable in 1979...
4. All the coal and other mineral rights as reserved in.
Patent recorded in Book 205 at Page 380 as Reception No. 145554,
Of the records of Garfield County, Colorado.
' 5. Right of way for Park Ditch.
6. Any portion of right of way tor County Road No. 103
and -of strip of land which was conveyed to the Board of County
Commissioners of Garfield County for County road purposes by
deed recorded in Book 370 at Page 179 as Reception No. 231837,
which may lie in subject property, said deed being recorded in
the records of Garfield County, Colorado.
7. Right of way easement and right to enter upon subject
property as gtanted by instrument recorded in Book 433 at Page
25 as Reception No. .254439, in which the specific location of
the right of way easement is not defined, said documents being
recOrde4.in the records of Garfield County, Colorado.
8. A perpetual non -participating royalty Of 1/32 of all
oil, -gas and other minerals which is or may be in, upon or that
may be produced from subject property, except the portion in
Lot 14, Section 13, Township 7 South, Range 88 West, as reserved
in deed recorded in Book 375 at Page 50 as Reception No. 234013,
of .the records of Garfield County.
9. Right of way AS excepted and reserved in deed.recoteed
in Book 485 at Page 883 as Reception No. 2729.97, in which the
specific location of the right of way ts not defined, of the
recons of Garfield County, Colorado.
10. Terms and obligations of the Deed of Trust recorded
in Book 487 at Page 853 as Reception No. 274020, and assignment
thereof recorded in Book 513 at Page 62 as Reception No. 287137,
of:the records of Garfield County, Colorado. The parties of the.:
first part have specifically agreed to assume and to perform
allofthe obligations of the aforementioned Deed of Trust, the
assignment thereof, and promissory note secured thereby.
11. The effect of inclusion in any special improvement
district or homeowners association.
Recorded at
Itecept ion N.,
Il11'HIS 1)F:En, NI /pie thi.
1979 Fs:tweet, Mame E. Turner and Janice R.
rruF r Nftgp wing Company, 2100 Big .:
AMAfolia
!/Mr`/I664the first pert, wad Cynthia Seymour -Cooper,
M.,
294106
MAY 1 4 1979
anac . 528 rM E251.
sees_ _. Recorder.
FILING STUMP
19th darof April
MAY 1 4 1979
fin MAIMMIM MI
whnae legal addri,,P, 3059 103 Road,
Carbondale,
rth,. County of Garfield
' s 11 ITNESSn State a
ET/I. That the said party df the first , rt. for andconsideration in nrft
he purrrof siorond part:
Ten Dollars and other good and valuable consideration
to thr_said party of the first part in hind paid by the said party of the second part. the ...stat trherenf h*rto�t•e
hy
confessed and acknowledged. has granted, bargained. sold and conveyed. and by these pre,ents d,,., *rant, I.srrain, .
,,Il. convedy and confirm. unto the mild party of the ,...011.4 part. hi. heirs and **Mims forever, all the follo,ring
drs.ri ta•d r� /p parcel if land. situate, lying and /wing in the
t'nunty of Garfield and State of Colorado, to -wit:
This Deed is made to correct the legal description in the Deed -
previously recorded at 1:00 p.m., on January 4, 1979, Reception
No. 291198, Book 521, Page 249, of the records of Garfield County,
Colorado.
For correct legal description, see Exhibit A attached.
HIM) known anstreet and number 3059 County Road 103, Carbondale, CO
TOGETHER with an and singular the hereditamnent+ and app0rtenenee, t hereto belonging. nr ,n any*My apper.
1 pining, and the reversion and reversions, remainder and remain/boa. rent.. ,sours mast prpfta thereof; and all the
estate. right. title. interest, claim and demand whatsoever ofh,• said part ,-. i the first part. cit her in law or egalty,nf, !
in and to the above bargained premise,, wit h the hereditament. crud a pport,•n„ Mel, •
TO H.\VE .1N0 TO 1101.1) the said premises above bargained un.111«s. rib«d. wit h the appurtenance.., unto the �'
party of the second port. his heirs and assigns forever. And the said party of the• fir,* part. for himself, hl, heirs,
executors, and administrators, dors covenant. grip ,t. hnrenin, and agree to and with the said tarty ofthe.rrond part,
his heirs and assigns, that at the time of the• ensealing and delivery of these presents. hr is well seised of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible,•stnt, of inheritance, in law, in fee ,imply. and has
good right, full power and inw-fill muth.•rity to grant, bargain, aril and convey the van,« in manner and form a,
aforesaid. and that the same are free and clear from all former and at her grants, Iaran,no sales, liens, taxes.
nsse,e,nents and encumbrances; of whaleve r kind or nature !Meier
except:
attached hereto and incorporated herein bythis ereferenue.B
and lb) shoved bargained pr.•mi.ex in the• quiet and ',liveable possession of ihr .aid party of the .er,e6J part. hi.
heirs and assigns against till and every person or persons lawfully claiming or to claim the whole or any part thereof.:.
the said party of the first port shell and will WARRANT AND FOREVER DEFEND. Thy singular number *hall
include the plural, t he plural the singular. and the use of any gender slim' be applicable to all gender..
IN 11'ITNF,RS WHEREOF, the said party of the fico* part hiss hereunto in h::1 .cal the day and year flat.
above written, '
' STATE OF COLORADO-�_-
CYunty of
The f nte{+,tfh'tr ,tri num t w•nn acknowledged before me t hie
- • • rner IflEAt.i
sari'I tl ,i/' ISEAI.I
m
Janice R. Turner
1ITM
'SEA LI
darer ftp,. t L.
I914; ,y T homacs,•, F. Turner and Janice R. Turner.
♦`1e•TQA!l
To �% e„ my hand and official seal.
r.
�.
,',�L1C /�.
,Is
.
-
'y c0 c.4a's ' _
al_ t . —
Nn.4J2.� .u,,, NwMt��pc.. t'.„,n,.n..r,s — -
--
-cup, __ .___.=___71:-:_—_=!_l
er,. X, ..., ,1 acct P+AII,alna (:y., IMlal.w !,1rNl, D.nwr.GW.d. (bp].,0„1 _�.p,
} /
BOOK 528 PMCE252
EXtI I Ise T A
A parcel of'land situated in the SW's of Section 12 and the Ws of Section:13,
Township 7 South, Range 88 West of the Sixth Principal Meridian, described;;,.
as, follows:;
Beginning at the Quarter Corner common to Sections 12 and 13 in said
Township and Range,
thence S. 84°16'22" E. along the Section line between said Sections 12 i.
and 13, 210.00 feet to a point in the center of the Park Ditch;
• thence along the centerline of said ditch S. 16°07'31" E. 40.35 feet;'
thence S. 2G°17'50" E. 76.58 feet;
thence S. 34°58'30" W. 179.02 feet;
thence S. 21°25'52" W. 97.27 feet;
thence S. 09°41'43" E. 57.78 feet;
thence S. 14°07'35" E. 322.35 feet;
thence S. 12°03'17" E. 139.33 feet;
thence S. 73°54'25" W. 138.94 feet;
thence S. 01°31'14" E. 294.00 feet;
thence S. 05°28'32" E. 109.40 feet;
thence S.'21°16'33" E. 67.58 feet;
thence S. 64°12'36" E. 116.10 feet;
thence S. 52°13'39" E. 95.46 feet;
thence S. 10°49'10" E. 116.53 feet;
thence S. 26°39'52" E. 1.57.36 feet;
thence S. 18°20'39" E.. 70.39 feet;
thence S. 27°01'44" E. 142.09 feet;
thence S. 39°23'09" E. 143.24 feet;
thence S. 02°53'08" W. 96.14 feet to a pcint on the Northerly right-of-way
line of County Road No. 103;
f 1.on' •I nn cr i,1 7-77nr-nr-yr;7v 1111 r? SY.�J left alunV the arc O.. a cur..:
`..hc='--�." `:a':irg a rnc?iws of 1044.57 feet, the chord of which bears
S. 81°47'25" W. 59.30 feet;
thence S. 83°25'00" W. 11.08 feet;
thence 116.32 feet along the arc of a curve to t/ -.-y left, having a radius of
741.22 feet., the chord of which burs S. 78°55'16" W. 116.20 feet;
theAce 23d.70 feet along the arc of a curve to the left, having n radius of
423.13 feet:, the chord of which bears S. 58°48'21" W. 227.86 feet;
thence 90.93 feet along the arc o; a curve to th- left, having a radius of
408.67 feet, the chord of which bears S. 36°48'42" W. 90.75 feet;
-thence-leaving said right-of-way line N. 89°16'38" W. 32.34 feet;
thence S. O1°06'40" W. 492.34 feet to a point in the center of said Park
Ditch;
thence S. 79°54'59" W. 105.66 feet along the center of srid ditch;
thence N. 06°38'19" W. 240.30 feet;
thence N. 73°01'11" W. 409.45 feet;
thence N. 54°06'22" W. 675.91 feet;
thence N. 10°48'08" W. 313.56 feet;
thence N. 12°35'49" W. 1436.10 feet;
___thence N. 18°16'24" W. 529.17 feet:
thence N. 88°12'04" W. 174.20 fe41; fit°„c• ►J.00.1114G" E.,
tnCI CL: N. 10°;:4'04" W. 591.49 feet;
thence S..77°29'14" E. 737.75 feet;
thence S. 27°08'04" E. 412.25 feet;
thence S. 0]°18'ol" E. 122.39 feet;
thence S. 03°51'39" r. 233.82 feet;
thence S. 45°01'0 E. 273.91 foot;
1 h.•nr,._ S. 03°42'53' :•i. 76.44 feet.
thence N. 37°58'57" C. 762.34 feet.more or less to the Quarter Corner cern',
to Section 12 and 13 in ::aid Tcwrmhip and Range, the point of bcginnin(r.
1:X61:PT that; portion of said parcel lying in !.ot 7 of Section 13, !said ;o,-nshi.p
and Range.
Ci'AINTy or r! kr11:7 n, S;.'t't'1' OF COLOR',DO.
Any and all water rights appurtenant to the lands, including but not limited
to 7.5 shares of stock of Park Ditch and Reservoir Company, a Colorado
corporation.'
General taxes for 1978 due and payable in 1979.
kA R1ght,of ways for ditches or canals as reserved in`
ete$t!! r'!clorded<in'Book 71, at Page 483 as Reception No. (4219$+:
F ifQOk� 12 st' Page" 264` as Reception No. 16723, and in Book 112,;
'at'Page 53§�ai�.Reception No. 75373, and in Book 205 at Page 380,
as Colorado' Reception;No. 145554, all of the records of Garfield County,
.
3 Rights as reserved in Patent recorded in Book 12 at
Page 264 ae•'Reception No. 16723, of the records of Garfield
County,; Colorado.
All':the coal and other mineral rights as reserved in
Patent re:'orded in Book 205 at Page 380 as Reception No. 145554,
of the records of Garfield County, Colorado.
Right of -way for Park Ditch.
and o6. Any"portion of right of way for County Road No.
103
strip of land which was conveyed to the Board of County
Commissioners of --Garfield County for County road purposes by -
deed recorded in Book 370 at Page 179 as Receptvrn No. 231837,
'which' may' lie. in subject property, said deed being recorded in
the records of Garfield County, Colorado.
7. >- Right of way
"property as granted by instrument nrecordedtinenter Book 433natuPagget
„25 -as Reception No. 254439, in which the specific location of
the right of way easement is not defined, said documents being
recorded in the records of Garfield County, Colorado.
al
oil,. gas andpotheruminerralsawhichpislor mavabe, of 1/32in, upon ofr all
may; be produced from subject upon portion that
Lot 14, Section 13, Township 7rSouti, Rangeexcep88t tWest,he as reservedn
in deed recorded in Boc,c 375 at Page 50 as Reception No.24013,
Of the, records of Garfield County.234013,
9• ,;' Right
in Book.485 a of way as excepted and reserved in deed recorded
gofe 8thearights eoflwa i Nos
272997' ne which hee
specific locationon
records Of Garfield Count Y s not defined, of the
Y.•Coloradc.
tnerBo°10. Terms and obligations of the Deed of Trust recorded
oj 487 at Page e 853Booas1Reception
No. 274020, and assignment
of'•the-reeordsadf Garfield Count 3 at Qe 62 as Reception No. 287137,'
'firstpart have specifically a r' d Colorado. The ptotpes ofr the
41"'<Of:the obligations of Y greed to assume and to
• 1' fm the thereof,blitand the aforementioned Deed of Trust, the
promissory note secured thereby, ' t
tttri1l• The effect of inclu=ion in any special improvement
ct or homeowners association.
reby
54
"est;
•
cs
r✓
Reception No._ _2941 07_ ,
)J/1f..Lt :��_(. f_4_, :B Rcorawll 528 PAGE254
/. A ��MAY 1 4 1979
Recorded at o'clock '° . M., /a_, ry r
1 01 a
RECORDER'S STAMP
This 1)E ED. Made this \ ` day of
19,79 between CYNTHIA SEYMOUR-COOPER
f\PR \ ‘.
of the County of
i and State of
Colnrudo,oftheftratpart,,,nd JOE L. McCLUNG and JUDITH J. McC
1
ii
ii
whose legal address is P. 0. Box 3676, Aspen,
MAY 1 4 1979
IT'S "PL3MY111T FQ
of the County of Pitkin and State of Colorado, of the second part:
WITNESSETH. that the *air' part y of the first part, for and in consideration of the sum of
TEN DOLLARS ($10.0(:) and other good and valuable consideration -,
to the said party oftenfirstpartinhandpaidbyth.rsaidpartiesoftheerrandpart.thereceiptwhersofishere
confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these present• do ea b7
grant, bargain, sell, convey and confirm unto t he said partde* of l he second part, their heirs and assigns forever. not Iti
tenancy In common but in joint tenancy, all the following deser,b«d lot or parcel of land. situate. lying and being in
the County of Garfield and Si ate of Colorado, to wit; .�
See Exhibit "A" attached hereto and made a part hereof by this reference.
xismegsltSsetstrxiesttehMseltIcX 3059 County Road 103, Carbondale, CO
TOGETHER with all and singular the hereditaments and app. rt.enanees 1 hereunto belonging. or in anywise
jI appertaining, 1 b reversion and reversions. remainder and remainder,. rent.. ,.s.,•11 an.l
prv,flU thereof; and ■" the
II. equity, of, in and to the above bargained estate, right. title., interest, claim and demand whatsoever of t h.• .rid party of the pert,
I renu,ea, with t h,• h.• } part, either M Inc 1,r
p n,ditam.•r+t. qnd ■hh,o rtrnnr,r«..
TO HAVE AND TO HOLD the said premise, alta,-.. 1i/trammed end deserdi •.t, .soh the appurtenan,•e,, unto the
I' said parties of the serone. part, their heirs and assign, forever And t he said
party ..f u,« frost part, for her' -
tel f , her heirs,executors, end administrators do P,; covenant,grant. hart/Ain and 1,e roe to and wit h the
jj said parties of the second part, their heirs and assigns, that et t lie tiro, „f the .•n.,•almg and delivery of these
I11 presents she is well seized u( t he premise, above ton, -eyed, ns o1 good. sure, perfect, absolute and ind«(eaalble
! estate of inheritance. in I,w, in fee ,irnple, and ha a gond right, full power end I,wl ul authority to grant, bargain, I
,ell and convey the Ram. in manner and form a(ore.a,d, and that the mime are free Anil clear from all former and
other grants. ba, sans, soles, lien*, taxes, a,sesement and lint.. n!branre, of whatever kind or nnt.re so«ter. EXCEPT.!
i general taxes for 1979, •payable in 1980: and n11 coal and other minerals A* reserved.,
by the United States in patent recorded in Book 205 at page 780 na Rereptfnn No.
j 145554, as to the portion of Parcel A in the NF.k SW4 of Section 12, Township 7 (t'(•'nt, one
and the above bargained premises in the quiet and pea.'«able• possession "(the said p,rti«, of the second part, their Triers0).
heirs and assign*, against all and every person or persons lawfully ,-lain,,: - i,, -I.mt the whole or any part thereof, • :
the said part y of the first part shall and will WARRANT AND F''IiEVER DEFEND.
IN WITNESS WHEREOF the said party of the fiat pert ha . hereunto set her hand and
Neal the day and year first above written.
The foregoing deed is approved and
accepted b its terms. CYNTHTk SFYMOUR-COOPFtt -
Joe
Judi h 3: i C g
STATE FCI)LORADO
County of
The foregoing instrument wet acknowledged before me this
19751 by CYNTHIA SEYMOUR-COOPER,
!,y C.'::'.: ;'.:s '":_-' 3, 1931
^Mu roo/nminsionexpires
c , ` .•r.
ti.'121 ,NI, 1,f 111 u. 1....o o..,.. e,„er..,.u•,,.a
day of 90`11l.
,19 _ ..WWitn.as my 1nCd and off, al ,eat.
M . - 11 TT
EXCEPTIONS AND SUBJECTIONS CONTINUED: BOOK 528 PlGi2S5
Range:88 West; the lien of that certain deed of trust for the use of:Norman E.
ShirVadd and)Mary N. Sherwood recorded in Book 487 at page 853 as Reception No.;274020, '
,
and aelgnment thereof to The Bank of Glenwood by instrument recorded in Book 513 at
P page 4 -•h8 Reception No. 287137, of the records of Garfield County, Colorado, securing .
a proMi'ssory note, payment of -which by its terms has been and by this instrument is hereby
assumed by the parties of the second part, the present principal balance due being
approximately $160,000.00; and the lien of that certain deed of trust*for the use 'of
Thomas E. Turner and Janice R. Turner recorded in Book 521 at page 255 as Reception
No. 291200, of the records of Garfield County, Colorado, securing a promissory note, ,
payment of which by its terms has been and by this instrument is hereby assumed by the
- parties of the second part, the present principal balance due -being $99,320.00; and
SUBJECT TO rights of way as reserved in United States Patent recorded in Book"71 at
.page 483 as Reception No. 42198, as to the portion of Parcel A in Lots 6, 7 and -8,
Section 12, Township 7 South, Range 78 West, patent recorded in Book 12 at page 264
as Reception No. 16723 as to the portion of Parcel A in Lots 2, 3, 8, 13 a:.d 15,
Section.13, Township 7 South, Range 78 Wast, patent recorded in Book 112 at page 535
as Reception No. 75373 as to the portion of Parcel A in Lot 14, Section 13, Township 7
South, Range 88 West, and patent recorded in Book 205 at page 380 as Reception No: 145554
as'to the portion'of Parcel A in the NEISWt of Section 12, Township 7 South, Range 88 West;
right as reserved id United States Patent recorded in Book 12 at page 264 as Reception
No. 16723, as to the portion of -Parcel A in Lots 2, 3, 8, 13 and 15, Section 13,
Township 7 South, Range 88 West; right as reserved by the United States in patent
recorded in Book 205 at page 380 as Reception No. 145554, as to the portion of Parcel A
in the NEIL SWIt of Section 12, Township 7 South, Range 88 West; right of way for Park
Ditch; any portion of/right of way for County Road No. 103 and a strip of land conveyed
for County road purposes by deed recorded in Book 370 at page 179 as Reception No.
231837, which may lie in the subject property; right to enter upon portions of subject
property in Lots 6, 7, and 8, and the NEk SWC of Section 12, Township 7 South, Range.
88 West, and a right of way easement, as granted by instrument recorded in Book 433 at
page 25 as Reception No. 254439, in which the specific location of the right of way '
easement is not defined; a perpetual non -participating royalty of 1/32 of all oil, --
gas and other minerals which is or may be in, upon or that may be produced from subject
property, except the portion in Lot 14, Section 13, Township 7 South, Range 88 West, as
reserved in deed recorded in Book 375 at page 50 as Reception No. 234013; and right of
way for a road extending across Parcel A, as excepted and conveyed in deed recorded'
in Book 485 at page 883 as Reception No. 272997, in which the specific location of the
right of way is defined; all as recorded in the records of Garfield County, Colorad.+.
*or any deed of trust substituted in correction thereof.
0
JO
c
L
c
O
EXHIBIT A
BOOK 528 PAG[
parcel' pfwlltttd:4it'Uated'in'the SW'I of Section 12 and the N1 of Section 13i,
OWnship, 7 South, Range,B8 West of the Sixth Principal Meridian, describedf
a fal1orlsz
�•be:ginnitig istthe'uutitte't�Corner_.common to Sections 12 and 13 in said
#'Townsliip,hndRnngei= '
rthenco.,E.'84°16 22« E. along the Section line between said Sections 12
1:ltd 13i •210.00 'flet' to a:point in the center of the Park Ditch;
ihanua'A4lbng:the, centerline" of said ditch S. 16°07'31" E. 40.35
thence;'i4,:26°17'50" E, ;;76.58 feet:
tTiend& S`*;34 58t50n . 179.02. feet;
thence^S. 2LF25;52 ; W497.27-, feet;
;tl enCieS €;09"41;!413" E. w57.78 feet;
,;�i nce-,S. 14.0735", E. 322.35 feet;
?;Gia ICe!4:%'.,12°03'37'.`E 139.33 . feet;
hence`$, `'73°54`''25N. W -- 138.94, feet;
ence41401•31'34''' E 294.00 feet;
a #11 10 05`28'32' ,E.= 109.40 feet;
nC414h01'16'33?1Z11 67'.58: feet;
hence 5.'.'64"'12!:36" "E. 116.10 feet;
hencelG.,{<52.13'39"; !E. 95.46 feet;
thence45.;;10°49'10" `-E. 116.53 feet;
thencee'•' 26°.39.'52" `E. 157.36 feet;
thence18620!39" E.,70.39 feet;
hence.S. 27°02'44" E.`_142.09 feet;
-,:thence'8. 39°23109" E. 143.24 feet;
thence'6 °02°53'08".W. 96.14 feet to
ine.ofCounty Road No. 103;
'.thence along said right-of-way line, 59.31 fee..
AND .right, having a radius of 1044.57 feet, the
kS 81°47'25" W. 59.30 feet;
,thence.8.- 83.25'00" W. 115.08 feet;
thence;116.32 feet along the arc of a curve to thy: left, having a radiur. cif
141.22,feet, the chord of which bears S. 78°55'16" 14. 116.20 fret;
thence`230.70 feet along the arc of a curve to the left., having a radius of
'423 13;feet, the chord of which bears S. 58°48'21" r!. 2:'7.86 feet.;
:thefee'90.93 feet along the arc of a curve to the left, having n radius of,
408.67 -feet, the chord of which bears S. 36°48'42" w. 90.75 feet;
thence :leaving said right-of-way line N. 89°16'38" W. 32.34 feet;
thenceS.,•O1'06'40" W. 492.34 feet to a point in the center of said Park
:Ditch; •. ;: , .
4•thence.8: 79.54'!.9" W. 105.66 feet along the center of saiC, ditch;
4theence,.N.t=06.38'19" W. 240.30 feet;
$hence N.-:73.01'11" W. 409.45 feet;
a•.4rhenee N;';`54° 06'22" W. 675.91 feet;
,`;theence N.t 10.48'0P" W. 313.56 feet;
theence'N.':12'35'49" W. 1436.10 feet;
feet �ww� ni.00.456,E \�
feet
a point on
feet;
the Northerly right-of-way,
along the arc of n curve to
chord of which ben -s
thence 14:.,18•16124" W. 529.17
thenal -N.-.` 88'12'04" W. 174.20
thenceN. 10°24'04" W. 591.49 feet;
;thence S` 77°2V1d" E. 737.75 feet;
thence '27°08'0',°lii 412.25 feet;
,thence =.4.',01°18'0'" E.'122.39 feet;
thence S. 03'51'39" E. 233.82 feet;
thence'S.'45°01'09" E. 273.91 feet;
thence 'S.-03°42'5"" W. 76.44 feet;
th�nce'N.`P7°58'5'" E. 762.34 feet more or less to the Quarter Corner common
to'Seetio;i12 and 13 in said Township and Range, the poin': of beginning.
EXCEPT that.porti'm of said parcel lying in Lot 7 of Section 13, said Iownshiu
and Ranges
Together with any tnd all water rights appurtenant to the 1:ends, including
'. but not limited to 7.5 shares of stock of Park Ditch and Reservoir
Company, a Coloradl corporation, PROVIDED HOWEVER, that said water rights
are conveyed here-:ith without warranties of title.
W }
H Z
—<
CL
'
tti ❑
V; LJ
LtJ
❑ u
pZ
e Q
E
j U7
0
ri
Recorded at o'cork..._. M MAY 2 l,91 ^ Y �7y*f
,)y' {
Reception tin....
Eftective thug 21`�
r++t'+t�11day of May ,19 8 L
between JOE L. McCLUNG and JUDITIi J. McCLUNG
•
I
of the •
cif first part, and
'N. Lee Lacy
minty of p
nr:d State of Cnlcrado,
)+
MilY 2 2 198
'" tT '!
of the Los Angelhs xtsxxxxxor xxxx}:xStroiXId!t`::^t. Riy?7!�tyof the second part:
W1TNESSETII, That the said parties of the fist pat, f„1' and in consideration of the sunt of
DOLLARS,
TEN DOLLARS AND OTHER GOOD AND VALUABLE CO:.'SIDERATION
.' to the said part i e s of the first part in hand paid by th,. -:. i I,;u.• '.},,. .• , nd part, the r^reipt whereof it
i hereby confessed and acknowledged, ha ve granted, bare . . ,..,cveynd. ,,::d I,, these presents do
grant, bargain, sell, convey and confirm, unto the said part y d i.:n,. h is
1 eir:a and assigns forever. all the following described l,'. ;.,.. itva•e, hying and being in the
County of Garfield and Stat• of t:.. 6,-:; dot,. u. • .
See Exhibit A.
al ,. ,.. ee r,.pt and '11.1rl„-r
,• - 1 in ailyense
I`-t•r, �1, and ail
.•tl•,.r in law
TO HAVE ANC TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part, his heirs and aeaizns forever. And the maid part les of the first part,
for thentsel ves heirs, executors, and administrators, do covenant, grant, bargain and agree to and with
the said part y of the second part, his heirs and aaaigns, that at the time of the ensealing and delivery of
these presents they a rf:ell seized of the premises above conveyed. as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to
grant,bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
Clear from all forme! and other grants. bargains, sales, liens, hues, assessments and encumbrances of whatever
kirdornaturesoever. EXCEPT, (1) United States Patent reservations and exceptions; (2) Lien
for general property taxes and special assessments for 1981 due in 1982; (3) Utility ; .
easements and mineral reservations of record as of the date of the deed; (4) The.
lien of that certain deed of trust for the use of Norman E. Sherwood aid Mari N. 1
Sherwood record±d in Book 487 at page 853, as assigned to The Bank of Glenwood
recorded in Book 513 at page 62; (5) That certain Ditch Stock Agreement recorded. I:
in Book 487 at page 856 pertaining to Seller's 7.5 shares of Capital Stock of Park
Ditch and Reservoir Company; (6) Right-of-Wa for roads of record or currently in
place.
and the above bargained premises in the Quiet and peaceable possession of the said part Y of the second part,
his heir and a:signs against all and every• person or persona lawfully claiming or to claim the whole or any
part thereof. the said part les of the first part shall an.! a -Il WARRANT AND FOREVER DEFEND
IN W►T`ESS WHEREOF. the said part es of the first Dart ha_.,. hereunto set ,1„ ; ,.hand,
and sr.l the day and year first above written.
Signed, sealed and Delivered in the Presence of . 4. .._.4� `d. ,,SEA LJ
.lth' L. ,k,Ianc
ke
JudetJ. MTji
V1C
4.4'
. 1Sh;ALJ
STATE OF COLORADO,
County of
The foregoing instrument was acknowledged before me this
is b,• ,by Joe L. McClung and Judith J. McC1unc7
fp mmission bgpirea
r s
.•'iii, h %':
--o v-
P(•I)���
t -F C4„
UJ
1—
I 7 ez
STATE OF COL(
day of '
19 . Witness my hand and official seal.
tl
EXHIBIT A to Warranty Deed
Dated May 20, 1981
Between Joe L. McClung and Judith J. McClung
and N. Lee Lacy
PARCEL A:
A parcelt'ef land situated in the SW1 of Section 12 and the Ni of Section 13,
.>
,�,Townshl South, Range 88 West of the Sixth Prinicpal Meridian,. described as
follows;
BeginningOt the Quarter Corner common to Sections 12 and 13 in said Township
"and .Range, thence S. 84°16'22" E. along the Section line between said Sections
12 and 13, 210.00 feet to a point in the center of the Park Ditch; thence along,
the centerline of said ditch S. 16°07'31" E. 40.35 feet; thence S. 26°17'50" E.
76.58 feet; thence S. 34°58'50" W. 179.02 feet; thence S. 21°25'52" W. 97.27
feet; thence S. 09°41'43" E. 57.78 feet; thence S. 14°07'35" F. 322.35 feet;
`.I,thence S. 12°03'17" E. 139.33 feet; thence S. 73°54'25" W. 138.94 feet; thence.
S. 01°31'14" E. 294.00 feet; thence S. 05°28'32" E. 109.40 feet; thence S.
'21°16'33" E. 67.58 feet; thence S. 64°12'36" E. 116.10 fc c., thence S. 52°13'39"
E. 95.46 feet; thence S. 10°49'10" E. 116,53 feet; thy . . 26°39'52" E. 1.57.36
'feet;' thence S. 18°20'39" E. 70.39 feet, thence S. 27°01'44" E. 142.09 feet:
thence S. 39°23'09" E. 143.24 feet; thence S. 02'53'38" W. 9t.1+ feet ro a point
on the Northerly right-of-way line of Count' Road No. 103; thence along said
right-of-way line, 59.31 feet along the arc of a curve to the right, having a
radius of 1044.57 feet, the chord of which boars S. 81°47'25" W. 59.111 feet;
thence S. 83°25'00" W. 115.08 feet; thence 116.32 feet along the arc of a curve
to the left, having a radius of 741.22 feet. the chord el which bears S. 78°55'16"
W. 116.20 feet; thence 230.70 feet along tb. arc of a curve to the loft, having
• a radius of 423.13 feet, the chord of which be::rs S. 58°48'21" W. 227.86 feet;
.thence 90.93 feet along the arc of a curve to the left, having a radius of
408.67 feet, the chord of which' bears S. 36`48'42" W. 90.73 feet; thence leasing
said right-of-way line N. 89°16'38" W. 32.34 feet; thence S. 01°06'40" W. 492.34."
feet to a point in the center of said Park Ditch; thence S. 79°54'59" W. 105.66
'feet along the center of said ditch; thence N. 06°38'19" W. 250.30 feet; thence
N. 73°01'11" W. 409.45 feet; thence N. 54°06'22" W. 675.91 feet; thence N.
10°48'08" W. 313.56 feet; thence N. 12°35'49" W. 1436.10 feet; then.e N. 1t;°16'24" `
W: 529.17 feet; thence N. 00°19'40" E. 456.51 feet; thence 38°12'04" W.
174.20 feet; thence N. 10°24'04" W. 591.49 feet; thence S. 77°29'11" E. 737.75
feet; thence S. 27°08'04" E. 412.25 feet; thence S. 01°'3'01" E.. 122.39 feet.;
thence S. 03°51'39" E. 233.82 feet; thence 5. 45°01'08" E. 273.91 feet; thence
'S.. 03°42'58" W. 76.44 feet; thence N. 87°58'57" E. 762.34 t,et more or less to
the Quarter Corner common to Section 12 and 13 in said Township and Range, the
point of beginning. EXCEPT that portion of said parcel lving in Lot 7 of Section
13, said Township and Range.
PARCEL B:
A parcel of land situated in Lot 8 of Section 12, Townshin 7 South, Range 88
West of the Sixth Principal Meridian, described as follows:
Beginning et the Quarter Corner between Sectio.; 12 and 13 in said township .nd
range; thence S. 87°58'57" W. 762.34 feet :along d fence; then. -e N. 01'4. F.
76.44 feet; thence N. 45'01'08" W. 273.91 feet; thence 0 3" , I '.39" W. ; `r„
feet; thence N. 01°18'01" W. 122.39 feet; thence N. 27'08'55" 1.'.2 i toet ;
thence S. 77°29'14" E. 1166.80 feet to a point on the North -soot , r,,-pier,in•
said Section 12, thence S. 01°27'21" E. along theNorth-`;outii ( nt.-rline ;:a1ti
.Section 12, 713.02 feet to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Together with any and all water rights appurtenant to the land-. indulin,. Inv.
not limited to 7.5 shares of stock of Park Ditch ani'. I'ev r. ii a. m; m:, a u0
corporation, PROVIDED HOWEVER, that said tater right; .ir nv..•,i f •r•';li
without warranties of title.
Recortleil ,(t
Recel,lion No.
THIS DEED, Made this ,3-_I('r4
19 81 , between N. Lee Lacy
of the County of
Ra,, of the first part, and
o'clock_�}
(fay Of ilay
Los Angeles
Sandra Smith
13U0K I G k'AI�C. �Giu
' 2 191/
California
and State of Q(X1XX
whose legal address is P. 0. Box 853
Aspen , Colorado 81612
of the
County of PI tk in and State of Colorado, of the second
part;
WI'I'NESSE'1'((,'I'hat the said party
of 'fen Dollars and other good and
ecorder.
RECORDER'S STAMP
MAY 2219 1
!fin Prtr'w rTgPT Fry
2/12
of the first part, for and in consideration of the sum
va.lnab le consideration
IRRImu
to the said part y of the first part, in hand paid by the said party of the second part, the
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con-
veyed, and by these presents do es grant., bargain, sell, convey and confirm unto the said
part y of the second part, ler heirs and assigns forever, all the following described
k txx»rc parcel s of land, situate, lying and being in the County of Garfield
and State of Colorado, to wit:
See Exhibit A attached Ilc re t and h ( h i s reference incorporated herein.
See also Addendum A at tAclled hereto and hv this reference incorporated herein.
aluotaavaar}1 rr. maiimairtrAktrx
Together with all and singular the hereditoluents and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever,
of the said part y of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described, with the appurtenances, unto Sandra Smith
the said party of the second part, her
heirs and assigIIS forever.
And the said N . Lee Lacy
part y of the first part, for li inisel f
his heirs, executors and
administrators, (10 es covenant, grant, bargain and agree to and with the said part y of the
second part, her heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part y of the second part, her heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part y of the first part to WARRANT AND FOREVER DEFEND.
INWITN ESS W11EREO14',The said part y of the first part has hereunto set his
hand and seal the (lay and year first above written.
Signed, Sealed and Delivered in 1 l lit (�;ence of �� /et �<< � �� SEAL]
i . Lee Lacy
, SEAL
]
1 i eY'r", 77774:'(-e; '7. f" (r.
0
til \II (.I . \I 11(rll :l\ 1 (SEAL]
( (i l \ 1 , t , i• LOS ArGTEI ,RS 1/14
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Pane la S. Welton
19 81 , lu fort• me, tItc nn,l
',,,II\ ,,I,I„;,(,,I
is
N. Ill (._2 Lacy
hia
No. 1ti SPECIAL :('IAL INAnnANT,' DEED u,,,,nf, d f 1,i
iil,111 ILr
,11 11,1111
PAPP'
nl, riLrd to Ilre Ncilliin imltrrntt nl•
. of N. Lec Lacy_
Attorney in fn, 1.
OFFICIAL. SF.AL
PAMELA S WELTON
NOTARY PUBLIC • CALIFORNIA
LOS ANGELES COUNTY
My comm. expires OCT 7, 1984
iN2f at1Stout Street, Denver, Colorado (679-6011)12-77
4
Public.
1iiOf
BOOK 572 PAGE 540A
s a�
ADDENDUM A
To Special Warranty Deed
- Between N. L,ee Lacy and
Sandra Smith dated May C(' , 1981
The Darty of the second Dart hereby acknowledges
that title to the subject property is encumbered by the
following:
(1) Deed of 'Trust for the use of Norman E.
Sherwood and Mary N. Sherwood recorded
in Book 487 at page 853 and assigned to
the Bank of Glenwood by instrument re-
corded in Book 513 at page 62 of the
Garfield County records; and
(2) Deed of 'frust recorded in Book.W at
page of the Garfield Count -.y records
securing the party of the first part's
non-recourse promissory note to Joe L.
McC1uncj and Judith J. McClung for the
principal sum of $174,128.00.
Tho party of the <;econd part hereby assumes and
agrees to pay said obligations referred to in numbered
paragraphs 1 and 2, above and further agrees to become
personally responsible for and liable on the promissory
note referred to in numbered paragraph 2, above.
PARCEL A:
EXII.IBIT A
`1'O SPECIAL WARRANTY
DA'Z'ED MAY tI,,' 1981
BETWEEN N. LEI? LACY
AND SANDRA SMIT13
uuu►' IL k'HCitr t) 1(Yts
A parcel of land situated .In the S17' of Section 12 and the N of Section 13,
Township 7 South, Range 08 West of the Sixth Prinicpal Meridian, described as
follows:
Beginning at the Quarter. Corner common to Sections 12 and 13 in said Township
and Range, thence S. 84°16'22" E. along the Section line between said Sections
12 and 13, 210.00 feet to a point in the center of the Park Ditch; thence along
the centerline of said ditch S. 16°07'31" E. 40.35 feet; thence S. 26°17'50" E.
76.58 feet; thence S. 34°58'50" W. 179.02 feet; thence S. 21°25'52" W. 97.27
feet; thence S. 09°41'43" E. 57.78 feet:; thence S. 14°07'35" E. 322.35 feet;
thence. S. 12°03'17" E. 139.33 feet; thence S. 73°54'25" W. 138.94 feet; thence
S. 01°31'14" E. 294.00 feet; thence S. 05°28'32" E. 109.40 feet; thence S.
21°16'33" E. 67.58 feet; thence S. 64°12'36" E. 116.10 feet; thence S. 52°13'39"
E. 95.46 feet; thence S. 10°49'10" E. 116.53 feet; thence S. 26°39'52" E. 157.36
feet; thence S. 18°20'39" E. 70.39 feet; thence S. 27°01'44" E. 142.09 feet;
thence S. 39°23'09" E. 143.24 feet; thence S. 02°53'08" W. 96.14 feet to a point
on the Northerly right-of-way line of County Road No. 103; thence along said
right-of-way line, 59.31 feet along the arc of a curve to the right, having a
radius of 1044.57 feet, the chord of which bears S. 81°47'25" W. 59.30 feet;
thence S. 83°25'00" W. 115.08 feet; thence 116.32 feet along the arc of a curve
to the left, having a radius of 741.22 feet, the chord of which bears S. 78°55'1.6"
W. 1.16.20 feet; thence 230.70 feet along the arc of a curve to the left, having
a radius of 423.13 feet, the chord of which hears S. 58°48'21" W. 227.86 feet;
thence 90.93 feet along the arc of a curve to the left, having a radius of
408.67 feet, the chord of which hears S. 36°48'42" W. 9.0.75 feet; thence leaving
said right-of-way line N. 89°16'38" W. 32.34 feet; thence S. 01°06'40" W, 492.34
feet to a point in the center of said Park Ditch; thence S. 79°54'59" W. 105.66
feet along the center of said ditch; thence N. 06°38'19" W. 240.30 feet; thence
N. 73°01'11" W. 409.45 feet; thence N. 54°06'22" W. 675.91 feet; thence N.
10°48'08" W. 313.56 feet; thence N. 12°35'49" W. 1436.10 feet; thence N. 18°16'24"
W. 529.17 feet; thence N. 00°.19'40" E. 456.51 feet; thence N. 88°12'04" W.
174.20 feet; thence N. 10024'04" W. 591.49 feet; thence S. 77°29.'14" E. 737.75
feet; thence S. 27°08'04" E. 412.25 feet; thence S. 01°18'Ol" E. 122.39 feet;
thence S. 03°51'39" E. 233.02 feet; thence S. 45°01'08" E. 273.91 feet; thence
S. 03°42'58" W. 76.44 feet; thence N. 87°50'57".E. 762.34 feet more or less to
the Quarter Corner common to Scc•tion 12 and 13 in said Township and Range, the
point of beginning. EXCEPT that 'mutton of said parcel lying in Lot 7 of Section
1.3, said 'Township and Range.
PARCEI, 8:
A parcel of land situated in L,t 8 ..1 Section 12, Township 7 South, Range 88
West of the Sixth Principal 1leridian, described as follows:
Beginning at the Quarter (;orae r hetu' en Sections 12 and 13 in said township and
range; thence S. 87°58'57" W. 762.34 font along a fence; thence N. 03°42'58" E.
76.44 feet; thence N. 45°01'08" W. 2713.91 feet; thence N. 03°51'39" W. 233.82
feet; thence N. 01°18'01" W. 122.30 feet; thence N. 27°08'04" W. 412.25 feet;
thence S. 77°29'14" E. 1166.80 feet to a point on the North-South Centerline of
said. Section 12, thence S. 01.°27'21" 11. along the North-South Centerline of said
Section 12, 713.02 feet. to t.hr poin! f,f beginning.
COUNTY OF GARF I I'.I,D
STATE OF COLORADO
Together with any .and all unlet :10,1a appurtenant to the lands, including but
not limited to 7.5 shares of i ,c 1, f Park Ditch and Reservoir Company, a Colorado
corporation, PROVIDED Ib(WE.Vft+ , t haf ..) 1 d water rights are conveyed herewith
without warranties of title.
001699 /7( //
r
January 8, 1997
Mr. Mark Bean
Garfield County Planni a Dept.
109 Eighth Street, Su'te 306
Glenwood Springs, C ,81601
Re: Second Smith Subdivision Exemption
Dear Mark:
This letter is to follow up on our conversations regarding Sandra
Smith's desire to obtain a second subdivision exemption to divide
her 102 acre parcel of land into three parcels.
To review the history of this matter, in 1981, Sandra Smith
bought two parcels of property near Carbondale, one parcel being
18 acres in size and the other approximately 102 acres. In 1989,
she wanted to sell the 18 acre tract. The County took the
position that the two tracts had merged and required that she go
through the subdivision exemption process before she could sell
the 18 acre tract. The exemption was approved on May 15, 1989,
as evidenced by Resolution No. 89-052. Sandra subsequently sold
the 18 acre tract.
As I recently mentioned to you, Sandra now wants to divide the
remaining 102 acre tract into three tracts. We discussed the
fact that documents submitted in connection with the 1989 exemp-
tion application could be utilized to satisfy some of the submit-
tal requirements for the new exemption application. My under-
standing is that we would not be required to submit the exemption
plat until approval is given by the County Commissioners. The
exemption plat of the first subdivision exemption should satisfy
the requirements for a sketch map and vicinity map if the pro-
posed lots on the 102 acre tract are sketched in on a copy of
that plat. No new evidence of soil types and characteristics
will need to be supplied.
With respect to demonstrating that the parcel existed as de-
scribed on January 1, 1973, this requirement was determined to be
met as part of the 1989 exemption process. However, you asked me
to review this, and I have done so. From my research, it appears
that Norman and Mary Sherwood owned several large tracts of land,
which included the 102 acre parcel. Prior to January 1, 1973, the
Mr. Mark Bean
January 8, 1997
Page 2
other portions of their property were conveyed out, leaving the
102 acre parcel. That parcel was conveyed by the Sherwoods to
Thomas and Janice Turner in 1976. The Turners then sold it to
Ms. Seymour -Cooper in 1978, who sold it to Joe and Judith McClung
in 1979. The McClungs conveyed the property to N. Lee Lacy in
1981, who then conveyed the property to Sandra Smith that same
year. Copies of these deeds of conveyance are enclosed with
this letter. Thus, the requirement that the parcel existed on
January 1, 1973, has been met.
Please confirm that my understanding as outlined above is cor-
rect, that what is proposed as a sketch map and vicinity map will
suffice, and that an actual plat will not be required until
action is taken by the Commissioners, that no further evidence of
soils type and characteristics needs to be submitted, and that
the enclosed documents satisfy the requirements of showing that
the parcel existed as described on January 1, 1973, and estab-
lishes proof of ownership by the applicant.
I look forward to hearing from you shortly.
Sincerely,
Robert B. Emerson
RBE/jc
Enclosures
cc: Sandy Smith
Lincoln DeVore
1000 West Fillmore St.
Colorado Springs, Colorado 80907
(303) 632-3593
Home Office
Sandy Smith
3059 Road 103
Carbondale, CO 81623
May 7, 1981
Re: SUBSURFACE SOILS INVESTIGATION
INDOOR RIDING ARENA
CEDARIDGE RIDING ACADEMY
CARBONDALE, COLORADO
Gentlemen:
Transmitted herewith is the report concerning a subsurface
soils investigation for a proposed indoor riding arena for
the Cedaridge Riding Academy near Carbondale, Colorado.
Respectfully submitted,
LINCOLN-DeVORE TESTING LABORATORY, INC.
Written by: Gary M.
Grand
Reviewed by
rzisnik,
notion aQ . '�OQ L�
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GMK/heh
LD Job No. 39037 -GS
cc: LD - Grand Junction
LD - Glenwood Springs
East 8th Street
;io, Colo 81001
i 546-1150
P.O. Box 1427
Glenwood Springs, Colo 81601
(303)945-6020
86 Rosemont Plaza
Montrose, Colo 81401
(303) 249-7938
P.O. Box 1882
Grand Junction, Colo 81501
(303) 242-81368
P O. Box 1643
Rock Springs, Wyo 82901
(307) 382-2649
a
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ABSTRACT:
The contents of this report are a
subsurface soils investigation and foundation recommendations for
the proposed indoor riding arena for the Cedaridge Riding
Academy located north of Carbondale, Colorado.
Topographically, the site is approxi-
mately level with a gentle slope (0 to 5 degrees) downward to the
northwest. Some grasses were noted on the site which is in a
stable, low erosion potential area.
Site soils consisted of fine grained
silts and clays and of weathered basaltic rock as a sandy gravel
stratum. Bedrock consists of basalt believed to overlie deeper
rock strata of the Eagle Valley and Maroon Formations. Maximum
bearing pressures of 3000 and 5000 psf are recommended for foun-
dations on the fine grained soils and the sandy gravel or rock,
respectively. On the fine grained soils, minimum pressures of
1500 psf may be necessary due to the varying swell pressures of
these materials.
All foundations must be well
balanced and heavily reinforced to minimize differential
movement.
All floor slabs on grade must be
constructed to act independently of other structural portions of
the buildings.
Adequate drainage must be provided
at all times. Water should never be allowed to stand or pond
A above the foundation materials. A subsurfaceeri
p pheral drain
shall be placed around the exterior of the structure at the
1
-1-
4
1
foundation level, connected to the bottom of floor slabs or sur-
face of the ground with a gravel -vertical drain on the exterior
of the wall.
A Type II Cement would be recom-
mended in all concrete in contact with the soil on this site.
More detailed recommendations can be
found within the body of this report. All recommendations will
be subject to the limitations set forth herein.
GENERAL:
This laboratory has been informed
that the soils information developed in this report is to be used
for the design and construction of an indoor riding arena. The
information may or may not be valid for other purposes. If the
proposed use is changed or types of construction proposed other
than noted herein, the laboratory must be contacted to determine
if the information in this report can be used for the new
construction without further investigation being required.
The site is located in the southwest
quarter of Section 12, Township 7 South, Range 88 West, north of
Carbondale in Garfield County, Colorado. As we understand it,
the proposed construction at this location will consist of a pole
type structure of steel framing and metal sheathed walls. Planned
foundation support typically consists of an auger -drilled pier
extending at least 4 feet below grade. No stem walls or
beams are planned since wall
purlins and columns. Maximum
grade
coverings will be suspended on the
column loads will be on the order of
-2-
20 kips. Floor slabs on grade will be used in 6000 square feet
of the 150 by 200 foot building, with no slabs in most areas, or
about 24,000 square feet of earth floor.
The site topography is approximately
level, with a gentle slope to the northwest. The site is located
within an area of fair to good surface drainage. This is,
roughly, the lower portion of a small valley that carried runoff
and snowmelt water into Cattle Creek and eventually into the
Roaring Fork River. No significant stability problems are anti-
cipated in the site which is level and well away from any land-
slide or potential slide areas. We understand, from the building
contractor, that cuts and fills at extreme ends of the building
could be on the order of 6 feet or slightly more. At the time of
this report, we were informed that site prepartion was in pro-
gress using push fill without engineering control in the filled
areas.
The site soils are predominantly
colluvial silt and clays, cemented as caliche in some locations
overlying colluvial, sandy gravel. Formational material, encoun-
tered at depths of 6 to 15 feet at the time of drilling, was a
Basalt of Tertiary Age. Basalt rock is an igneous formation,
sometimes intrusions and often igneous flows in this region. It
is generally hard and stable and, at this site, exhibits rela-
tively little weathering. This Basalt flow is of unknown thick-
ness and overlies the Eagle Valley and Maroon Formations in the
general area. Basalt usually weathers to a clay.
1
BORINGS, LABORATORY TESTS AND RESULTS:
Three test borings were drilled
across the building site and are located approximately as shown
on the attached Test Boring Location Diagram. The test borings
were placed in such a manner as to obtain a reasonably good pro-
file of the subsurface soils. All test borings were drilled with
a power -driven, continuous auger drill. Samples were taken with
a standard split -spoon sampler, and by bulk methods.
The soils profile is generally a
3 -layer system consisting of a surface layer of moderate density,
fine grained soils (Soil Types No. 1, 2 and 4) overlying a high
density layer of sandy gravel with some sandy, silty clay (Soil
Type No. 3). The third layer is the hard Basalt formational
rock.
The precise gradational and plasti-
city characteristics associated with the soils encountered during
drilling can be found on the attached summary sheets. The repre-
sentative number for each soil group is indicated in a small
circle immediately below the sampling point on the Drilling Logs.
The following discussion of the soil groups will be general in
nature.
Soil Type No. 1 classified as a
11 silty clay of very fine grain size. The similar Soil Type No. 2
is also silty clay with more fine sands and, of moderate density.
These soils have a varying tendency to expand upon the addition
of moisture with swell pressures on the order of 700 to 1340 psf
being considered typical. While this magnitude of expansion
should not be sufficient to affect the heavy structural members
1
of the building, it can cause some movement beneath light struc-
tural members and floor slabs on grade. These soils will have a
slight tendency to long-term consolidate under applied foundation
pressures. However, if the allowable bearing values given are
not exceeded, we feel that differential movement would be
tolerable. This soil group was found to have an allowable
bearing value on the order of 3000 psf maximum. Because of
variations in swell pressures, a minimum design pressure of 1500
psf is recommended.
Soil Type No. 3 was sandy gravel
with some silt and clay. The material was of relatively high
density with very low or no expansive potential. A maximum
bearing pressure of 5000 psf is feasible on this material, with
no minimum load required.
Soil Type No. 4 was sandy, clayey
silt of moderate density and plasticity. This material was
cemented with caliche, a calcium carbonate compound that can
leach out of the soil when very wet and result in subsidence of
the soil mass. Some swell potential, typically 645 psf, was also
determined. A maximum bearing pressure of 3000 psf was recom-
mended for this material, with a minimum of 750 psf. Soil
moisture control at and below footings is also very important,
particularly because subsurface drainage appears to be poor.
No free water was encountered during
drilling on this site. True free water should be fairly deep in
this area, and hence, should not affect construction assuming
that surface drainage is properly controlled.
r
1
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1
1
arrangements have alreadybeen
made with a caisson drilling con -
CONCLUSIONS AND RECOMMENDATIONS:
Since the exact magnitude and nature
of the foundation loads are not precisely known at the present
time, the following recommendations must be somewhat general in
nature. Any special loads or unusual design conditions should be
reported to Lincoln-DeVore so that changes in these recommen-
dations may be made, if necessary. However, based upon our ana-
lysis of the soil conditions and project characteristics pre-
viously outlined, the following recommendations are made.
Most of the native soils encountered
at the site are suitable to support shallow foundations at a
maximum bearing pressure of 3000 psf and a minimum pressure of
1500 psf to resist the potential swell (under a structure in
place) of the fine grained soils. The proposed short drilled
pier foundation should be constructible at this site, designed
for these recommended pressures. Foundations should extend
through any fill materials to bear on native soils of all types.
The short piers should rest on the granular soils of Soil Type
No. 3.
We will not present any alternative
shallow foundations that are also feasible. We understand that
1
tractor, pending final drilled pier designs based on the soils
information in this report.
The bottoms of all piers should be
thoroughly cleaned prior to the placement of. concrete. The
amount of reinforcing required in each pier will depend upon the
magnitude and nature of loads involved. However, as a rule of
thumb, reinforcement equal to approximately .07 of the -gross
cross-sectional concrete areas should be utilized. Additional
reinforcing should be used if structural consideration is so
warranted. Reinforcement over the entire shaft length would be
recommended.
The horizontal thrust normally
generated at the foundation line by rigid frame buildings should
not be resisted by "hairpins" embedded into the floor slabs where
slabs on grade are used. This horizontal force should be resisted
by either threaded tie rods or reinforcing bars extending from
pier to opposite pier below the finished floor slab line. All
fasteners should be either encased in concrete or covered with a
heavy coat of bituminous paint to ensure long-term stability.
The bottom of all foundation com-
ponents should rest a minimum of 4 feet below finished grade or
as required by the local building codes. Foundation components
must not be placed on frozen soils.
Where floor slabs are used, they may
be placed directly on grade or over a compacted gravel blanket of
4 to 6 inches in thickness. Under no circumstances should this
gravel pad be allowed to act as a water trap beneath the floor
slab. A vapor barrier is recommended beneath any and all floor
slabs on grade which will lie below the finished exterior ground
surface. All fill placed beneath the interior floor slabs must
be compacted to at least 90% of its maximum Proctor dry density,
ASTM -D-698.
All floor slabs on grade must be
constructed to act independently of the other structural portions
of the building. These floor slabs should contain deep -construc-
tion or contraction joints to facilitate even breakage and to
help minimize any unsightly cracking which could result from dif-
ferential movement. Floor slabs on grade should be placed in
sections no greater than 25 feet on a side. Prior to
constructing slabs on grade, all existing topsoil and organics
must be removed from the building interior. Likewise, all foun-
dations must penetrate the topsoil layer.
Any interior, non -load bearing par-
titions which will be constructed to rest on the floor slab
should be constructed with a minimum space of 2 inches at either
the top or bottom of the wall. The bottom of the wall would be
the preferred location for this space. This space will allow for
any future potential expansion of the subgrade soils and will
prevent damage to the wall and/or roof section above which could
be caused by this movement. There will probably be no non-
bearing partitions extending from floor to ceiling.
Adequate drainage must be provided
in the foundation area both during and after construction to pre-
vent the ponding of water. The ground surface around the
building should be graded so that surface water will be carried
quickly away from the structure. The minimum gradient within 10
feet of the building will depend
or paved areas should maintain a
landscaped areas should maintain
drains must be carried across all backfilled. areas and discharged
well away from the structure. This surface drainage is par-
ticularly important to prevent both swelling of foundation soils
upon surface landscaping. Bare
minimum gradient of 2%, while
a minimum gradient of 5%. Roof
and leaching of the caliche from soils similar to Soi1"Type No. 4
that can occur with saturation of subgrade materials.
To give the building extra lateral
stability and to aid in the rapidity of runoff, all backfill
around the building and in utility trenches in the vicinity of
the structure should be compacted to at least 90% of its maximum
Proctor dry density, ASTM D-698. The native sandy gravel encoun-
tered on this site may be used for backfilling purposes, if so
desired. All backfill must be compacted to the required density
by mechanical means. No waterflooding techniques of any type
should be used in the placement of fill on this site or borrow
materials similar to Soil Type No. 3.
Although cuts of up to 6 feet have
been mentioned at the uphill portion of the building, no retain-
ing walls appear to be planned at this time that would be over 5
feet in height. For such walls under 5 feet, normal stem wall
proportions and reinforcing would probably be adequate for the
relatively stable soils. Such a stem wall would typically be
extended into foundation soils and designed as a "no footing" or
stem wall on grade type foundation within the limitations set
forth above for foundation design.
Because a subsurface water trap
would form behind (uphill of) such a wall in the backfill, a sub-
surface peripheral drain, including an adequate gravel collector,
sand filter and perforated drain pipe, should be constructed out-
side the building perimeter at the bottom o.f the wall. The
discharge pipe should be given free gravity outlet to "daylight"
or ground surface.
y
a
Excavation into the surficial, fine
grained soils should not be difficult, but drilling into Soil
Type No. 3 will present a moderate degree of difficulty due to
the high density and possible cobble sized rocks that could
occur. If Basalt is reached in some locations, extreme dif-
ficulty is likely for drilling in the weathered portion, with no
progress likely in the hard, unweathered Basalt.
The soils on this site were found to
contain sulfates in detrimental quantities. Therefore, a Type II
Cement would be recommended in all concrete in contact with the
soil. Under no circumstances should calcium chloride ever be
added to a Type II Cement. In the event that Type II Cement is
difficult to obtain, a Type I Cement may be used, but only if it
is protected from the soils by an impermeable membrane.
The open foundation excavation must
be inspected prior to the pouring of concrete to establish that
adequate design bearing materials have been reached and that no
debris, soft spots or areas of unusually low density are located
within the foundation region.
It is believed that all pertinent
points concerning the subsurface soils on this site have been
covered in this report. If soil types and conditions other than
those outlined herein are noted during construction on the site,
these should be reported to Lincoln-DeVore so that changes in
recommendations
can be made, if necessary. If questions arise or
further information is required, please feel. free to contact
Lincoln-DeVore at any time.
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LINCOLN
DeVORE
ENGINEERS.
GEOLUnicrc
COLORADO: COLORADO SPRINGS,
PUEBLO, GLENWOOD SPRINGS,
GRAND JUNCTION , MONTROSE ,
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SOILS DESCRIPTIONS:
$YMBOL USCS OESCR/P770N
Topsoil
Man-made Fill
GW Well -graded Gravel
GP Poorly -graded Gravel
.0.0
:0
:0:0
:o:o
0.0:
o:o:
0:o.
00
0000
0000
0000
0000
a
0 " GM Silty Gravel
GC Clayey Gravel
SW Well -graded Sand
0
00
1
11
II
t
SP
Poorly -graded Sand
SM Silty Sand
SC Clayey Sand
ML Low -plasticity Silt
CL Low -plasticity Clay
OL Low -plasticity Organic
Silt and Clay
MH High -plasticity Silt
CH High -plasticity Clay
High- plasticity
Organic Clay
OH
Pt
GW/GM
GW/GC
GP/GM
GP/GC
GM/GC
GC/GM
SW/SM
SW/SC
SP/SM
SP/SC
SM/SC
Peat
Well- graded Gravel,
Silty
Well -graded Gravel,
Clayey
Poorly -graded Gravel,
Silty
Poorly -graded Gravel,
Clayey
Silty Gravel,
Clayey
Clayey Gravel,
Silty
Well - graded Sand,
Silty
Well -graded Sand,
Clayey
Poorly -graded Sand,
Silty
Poorly- graded Sand,
Clayey
Silty Sand, Clayey
SC/SM Clayey Sand, Silty
CL/ML Silty Clay
ROCK DESCRIPTIONS;
SYMBOL Pt-SCR/PT/ON
ri SEDIMENTARY ROGK9 -._.
CONGLOMERATE
SANDSTONE
SILTSTONE
SHALE
CLAYSTONE
COAL
LIMESTONE
DOLOMITE
MARLSTONE
GYPSUM
Other Sedimentary Rocks
IGNEOUS R0Cx5
GRANITIC ROCKS
DIORITIC RACKS
GABBRO
RHYOLITE
ANDESITE
BASALT
TUFF & ASH FLOWS
BRECCIA & Other Voicanics
Other Igneous Rocks
sommem
itomista
worm
MIME
f//�
■
i- /1/
■
-wYt
MUM
uuuuuui
44_
eQa:o.p.
:.
. •.:.
•
sof. 0
v
METAMORPHIC ROCKS
GNEISS
SCHIST
PHYLLITE
SLATE
METAQUARTZITE
MARBLE
HORNFELS
SERPENTINE
Other Metamorphic Rocks
SYMBOLS & NOTES:
,Y,18OL OESCR/PT/ON
Free
water
15' Wx
Form.
9A2 Standard penetration drive
Numbers indicate 9 blows to drive
the spoon 12" into ground.
ST 2-1/2" Shelby thin wall sample
Wo Natural Moisture Content
Wx Weathered Material
Free water table
Yo Natural dry density
T.B.— Disturbed Bulk Sample
Q Soil type related to samples
in report
Top of formation
Test Boring Location
=Test Pit Location
Y—� Seismic or Resistivity Statlgn,,
Lineation indicates approx. •
length a orientation of spread
(S = Seismic , R= Resistivity )
Standard Penetration Drives are made
by driving a standard 1.4" split spoon
sampler into the ground by dropping a
1401b. weight 30". ASTM test
des. D-1586.
Samples may be bulk , standard split
spoon ( both disturbed) or 2- I/2" 1. D.
thin wall ("undisturbed") Shelby tube
samples. See log for type.
The boring logs show subsurface conditions
at the dates and locations shown , and it is
not warranted that they are representative
of subsurface conditions at other locations
and times.
" LINCOLN COLORADOI Colorado Springs, Pueblo,
TESTING
1Gie� sad Spnrpe, Montrose, Gunnison, EXPLANATION OF 80REHOLE LOGS
LABORATORY Grand Junction.- WYO.- RockSpringe AND LOCATION DIAGRAMS
1
a
1
1
a
1
a
1
1
1
TEST HOLE No. /
TCP ELEVATION
10
15
20
—25
V iT
1-1
ML, cuv-5,4r,
SAN ‘G44lGN Y)
5.c; lgp1.r,
/N,Te TAM
GMS 5.4040y
IsRAVrL, SIi�
'✓x $444 it V.
D�tv5,67dL. aCd
v. GR4v1uy 19
Su Tr/R4D
44Av44. B /O.i =!4
GL,444Y, spiry,
v.H.440, go"),
SGA TrrAgb Wx
SAS-0LT LPNS�[S
(.$Fiu64L c�V
.4'4,ev a4s44.r
A7- is')
RinlG Loci $ 4u0nn L oc477 w �,q6 eAM
CcZ�.tPiDGE ,e.D44i6 C.r.P5,,,,46.4tcf; CC
/3 ._
• 3.1 '1.
54 tiOV, C6Ai/o., (S
Ar/Pi M •'47:
.,.��rr- 7.4 v
co.esres Ai 'aZS—o
DWI 4 ..4.4/R/X 3 c
.e;A-4i a1L .ry
r 4 ' �.
SG•gLE: / _/oo
LDTL 39637G�
10-
15-
20-
25—
L1) LINCOLN COLORADO: COLORADO SPRINGS,
DeVORE PUEBLO , GLENWOOD SPRINGS,
ENGINEERS• GRAND JUNCTION , MONTROSE,
,—_ GEOLOGISTS WYOMING: ROCK SPRINGS
g
9
1
1
SUMMARY SHEET
Soil Sample CG
Test No. 39037 GS
Location (1Ep„,e/Q4¢' Dr:..y-QgpNz)q Date ¢•3O•BI
Boring No. Depth
Sample No. Test by sa
Natural Water Content (w) %
Specific Gravity (Gs) In Place Density (To) pcf
SIEVE ANALYSIS:
Sieve No. % Passing
1 1/2”
1"
3/Ail
1Mu
4 L /ao.v
10 99.8
20 99.5-
40
9540 49 ¢
100 9g'q
200 9sg
HYDROMETER ANALYSIS:
Grain size (mm)
0/0
0.02 59.6
o. c) 437
Plastic Limit P.L /2-G %
Liquid Limit L. L .38.Q %
Plasticity Index P,I 2s.4- %
Shrinkage Limit %
Flow Index
Shrinkage Ratio %
Volumetric Change %
Lineal Shrinkage
MOISTURE DENSITY: ASTM METHOD
Optimum Moisture Content - wo
Maximum Dry Density -rd-d.
California Bearing Ratio
°o
Swell. Dayz
Swell against/-540psf Wo gain. 13.5
BEARING:
Housel Penetrometer (av) psf
Unconfined Compression (qu) psf
Plate Bearing- psf
Inches Settlement
Consolidation % under psf
PERMEABILITY:
K (at 20°C)
Void Ratio
Sulfates ppm
•
Lw -09
SOIL ANALYSIS
LINCOLN-DeVORE TESTING LABORATORY
COLORADO SPRINGS, COLORADO
NbV
s
SUMMARY SHEET
Soil Sample CL Test No.
Location L1-�AR/04f/CgrjEMy- C4Rd0,10.4Lr�CC) Date
Boring No. Depth
Sample No. z
39037 GS
3o•B/
Test by SD
Natural Water Content (w)
Specific Gravity (Gs) In Place Density fro) pcf
SIEVE ANALYSIS:
Sieve No. % Passing
1 1/2"
1 i1
3/4"
1/2m
4 /co.a
10 zoo.o
20 93.3
40 95.
100 9,Z. /
200 87
HYDROMETER ANALYSIS:
Grain size (mm)
0/0
3.02-
O. 00,5
S/6
Plastic Limit P L. i¢s %
Liquid Limit L. L. ¢o.3
Plasticity Index P.I. 26.8 %
Shrinkage Limit
Flow Index
Shrinkage Ratio
Volumetric Change %
Lineal Shrinkage %
MOISTURE DENSITY: ASTM METHOD
Optimum Moisture Content - wo
Maximum Dry Density -Td pcf
California Bearing Ratio (av)
Swell. nays
Swell against 700 psf Wo
BEARING:
House' Penetrometer (av) psf
Unconfined Compression (qu) psf
Plate Bearing• psf
Inches Settlement
Consolidation % under psf
PERMEABILITY:
K (at 20°C)
Void Ratio
Sulfates ppm,
LDV -09
SOIL ANALYSIS
wamon
LINCOLN-DeVORE TESTING LABORATORY
COLORADO SPRINGS, COLORADO
Soil Sample 6'r44
Project .o.4,e,044i
^'d/UG AGA l
Sample Location CALe.e..o.04
100
90 MOOMMIffik
80 IMMOOMMIK
70
GRAVEL
Coarse 1 Fine
SAND
Co. 'Medium l Fine
c4 60
50
40
a 30
a
1
Nommemmimi
Test No. 39037. 6s
Date -B
Test by s t�
SILT TO CLAY
•�
Nonplastic to Plastic
20
10
0
100 I
1112
1 ,.0
4„1,
#4
#10
1
1..0 .1 I
D .amet.er- (mmg
#20 #40 #100 #200 -
Sieve No.
.001
Sample No.
Specific Gravity
Moisture Content
Effective Size
Cu
. 0oG2
>500
Cc 0.93
Fineness Modulus
L.L. P.I._
BEARING psf
Sieve Size % Passing
1 1/2"
1"
3/4
/oo. 0
1/2"
3/8"
4
B8.4
72.0
8. /
10
20
40
100
200
4 7.5-
.35
3S. /
299
2 .0
.0200
0050
)5-.4
9.
S ulf ates
PPm
GRAIN SIZE ANALYSIS
LINCOLN-DeVORE TESTING LABORATORY
COLORADO SPRINGS, COLORADO
r
r
1
1
1
1
1
Sail Sample Al/L. �CALiG//E�
SUMMARY SHEET
/� Test No. 39037 GS
Location6 ezA4e.ocE A.QeoNaAGE' CD Date
Boring No, Depth
Sample No 4
4.30-8/
Test by s_D
Natural Water. Content (w)
Specific Gravity (Gs) In Place Density (To) pcf
SIEVE ANALYSIS:
Sieve No. % Passing
1 1/2"
1°
3/4"
1/L" /oo.o
I n 9 6. 7
20 90,8
40 „is,/
100 74.5"
200 .4
HYDROMETER ANALYSIS:
Grain size (mm)
o,oz 5,2.8
0.0oS 4o.8
Plastic Limit P L 2B•0 %
Liquid Limit L. L 41.4
Plasticity Index P.I i 3.4 %
Shrinkage Limit %
How Index
Shrinkage Ratio %
Volumetric Change %
Lineal Shrinkage %
MOISTURE DENSITY: ASTM METHOD
Optimum Moisture Content - w° 0/0
Maximum Dry Density -rd pcf
California Bearing Ratio (av) O/p
Swell- Days
Swell against X45 psf Wo gain./6.• s %
BEARING:
House] Penetrometer (av) psf
Unconfined Compression (qu) psf
Plate Bearing- psf
Inches Settlement
Consolidation % under psf
PERMEABILITY:
K (at 20°C)
Void Ratio
Sulfates Ppm,
LDV -0.01.11 Ta11•1111011,'
SOIL ANALYSIS
LINCOLN-DeVORE TESTING LABORATORY
COLORADO SPRINGS, COLORADO
/ SCHMUESER GORDON
September 5, 1990
1001 Avenue, Suite 2-E
Glenwo Springs, Colorado 81601
(303) 945-1004 (303) 925-6501
Fax (303) 945-5948
CONSULTING ENGINEERS & SURVEYORS/
Mr. Mark Bean, County Planner
Garfield County Building,
Sanitation and Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Cedar Ridge Farm Preliminary Plat Submittal
Supplemental Information re Potable Water Supplies
Dear Mark:
In_ order to provide further information with respect to the avail-
ability of potable water supplies for the project, a well has been
drilled on Lot 6 of the project. Please find attached hereto a
copy of the appurtenant information from Shelton Drilling Company
with respect to the well, as well as a chemical analysis of the
water supply from Grand Junction Laboratories.
The well was completed to a total depth of 120 feet. The estimated
pumping capacity is in excess of 40 gpm. This is a better than
average production for a drilled well located in the formations
that underlie the Cedar Ridge Farms project.
A brief review of the chemical analysis indicates that all cationic
and anionic parameters fall within acceptable levels. You will
note that the water has a hardness which would be classified as
moderately hard and a total dissolved solids value that is average.
On the other hand, both these values are less than the typical
value for a groundwater well in this area. Please note that hard-
ness is a non -mandatory or recommended limit of the Department of
Health and has no significant public health effects. Waters with
this level of hardness may or may not be treated with individual
softening units at the election of individual homeowners.
In conclusion, the well drilling program on Lot 6, as well as the
existence of the well on neighboring Lot 7 indicates there is a
reasonable expectation of adequate groundwater resources for the
proposed Cedar Ridge Farm project. Please feel free to contact me
if I can provide any additional information.
Respectfully submitted,
SCHMUESER GORDON Ij YER, INC.
ti
Dean W. Gordon, P.E.
President
90083: lec
Enclosures
cc: Ms. Sandy Smith
A.e(3xt:ari7 is roan/wavy
P.O. BOX 1059
BASALT, COLORADO 81621
(303) 927-4182
LICENSE NO. 1095
41'4101 1'A-7 iT)l
30 r'1 /o3 F)
C i1_fl A /it t- lrt y14z3
J
DATE �? he)
449
PERMIT NO _In /l - IIn G, 2
LOCATION 1 0 3 R,2.
Size
Depth
Casing I.D.
Casing O.D.
Feet Perf
„f t
/
Ln Z-_
—7
li
6
1' �1
72
Estimated Capacity
!/0 I'
gpr
Static Level
,/i 5 -
Total Drilled
/ 2 0
Pump Set Depth J / @ i gpm. For pump installation we recommend
Aqua Tec (Torn) 945-2703 or Samuelson Pump (Raun) 945-6309
A 1% handling charge per month will be added 15 days from first billing.
I115
11 AU G 3 1
•
54.a. 4 in?
Retatved from:
41,
J
• •
JOHN C. KEPHART & CO.
J
r
13S NORTH AVENUR
CI:
LA
0
PHONe 242-761$
IES
• GRAND JUNCTION, COLORADO !WWI
ANALYTICAL REPORT
Schmueser Gordon Meyer, Inc.: Dean Gordon
Glenwood Springs, CO
9356 water
Customer No, 1.4b0eatory No. Sampl.
8/21/90 9/4/90
Data Reoeivad Data Rapoct+d
Sample
Total Coliform Bacteria
9356
Cedar Ridge
Farms Well
Colorado Dept.
of Health limits
for public
drinking
0 colonies/100m1 0 colonies/100m1
Arsenic(As) 0.000
Barium(Ba) 0.00
Cadmium(Cd)
Chromium(Cr)
mg/1
mg/1
0.0003 mg/1
0.002 mg/1
Fluoride(F) 0.43 mg/1
Lead(Pb) 0.002 mg/1
Mercury(Hg)
Nitrate(N)
Selenium(Se)
Silver(Ag)
0.00013 mg/1
0.712 mg/1
0.000 mg/1
0.0000 mg/1
pH 7.45
Conductivity@25 degrees C 730 umbos/cm
Sodium(Na)
Calcium(Ca)
Magnesium(Mg)
Potassium(K)
Chloride(C1)
Sulfate(So4)
Phenol, Alkalinity(CaCO3)
Total Alkalinity(CaCO3)
Dissolved Solids
Hardness(CaCO3)
0.05 mg/1
1,0 mg/1
0.01 mg/1
0.05 mg/1
2.4 mg/1
0.05 mg/1
0.002 mg/1
10.0 mg/1
0.01 mg/1
0.05 mg/1
20.6 mg/1 20 mg/1
67 mg/ 1 --
34 mg/1 125 mg/1
3.1 mg/1 -
14 mg/1 250 mg/1
43 mg/1 250 mg/1
0.0 mg/1
292 mg/1
499 mg/1 500 mg/1
318 mg/1 200 mg/1
Lab Director; Brian Bauer
Form C- Rev.
9'26:'/'0M' APPLICATIO:
l g h1 Rti
P.O. Address
Applicant
1H
Quantity applied for
Used for
on/at
•cre,S.Baia
PERMIT TO USE GFaTJND WATER UU
JUN 4 196
A PERMIT TO CONST WELL
LO^ UN
WE D WATER SECT.
TION OF COLORADO
County Ah2 Fro - E R
'gpm or
AF Storage
Purposes
(legal description
of land site)
Total acreage irrigated and other rts.
ESTIM1ATED DATA OF WELL
Hole size: I f .n. to2---4 a ft.
in. to ft.
Casing Plain ///-in.
in.
Open or PerfS -1n.
in.
PUMP
DATA: Type
from
from
from
fr om
D to /C o ft.
to ft.
/boto
to ft.
Outlet
. HP Size V
Use initiation date CV/�� 19 .
(Use Supplemental pages for additional data)
THIS APPLICATION APPROVED
PERMIT NO. 90095
ISSUED:
DATE JUN - 4 1964 19
NOTE — SATISFACTORY COMPLETION
of1 u of Sect. %' , Twp. r75 0 ,
Rge. C" P. M. OR
Street Address or Lot Si Block No.
Town or Subdivision
N
W
S
$25.00 fee required for uses other
than Domestic or Livestock. O
E
Locate
well in
40 acre
(small)
square
as near
as possible.
Large square
is one section.
Applicant
Agent or
Drill
Address ,�lLut
No.g/
6174.11 •
REQUIRED FOR APPROVAL OF AP'LICATION
Ng:4 2 'woo
torn.' E (1k- .) JAN 2 :. 1.965
5-62`
Index No
IDWD___,,;
Registered.__=J' �G y
l��
Driile
Owner
Street
Tenant
•STATE OF COLORADO•
DIVISION OF WATER RESOURCES
OFFICE OF THE STATE ENGINEER
GROUND WATER SECTION
LOG AND HISTORY OF WELL
PERMIT NOa� ' 9f
Lic No Zd�/J
r�9 MP
Use of Water
On or By
Date Started
ICJ c� iriQsle c
Date Completed
Yield
(description ,pf site or
3j/O
WELL DESCRIPTION:
Depth to Water
Hole
Diameter
land)
No.
Acres
, 19
/6 , 19
GPM or CFS
154 --
ft Total Depth .Z 2 ft
(measured from ground surface)
from D ft to
--=-�-�ft , in
from .�Ca ft to ft , in
from ft to ft , in
TEST DATA:
do in pe -c -ca
How Tested Pump or Bailed
Date Tested 1/ 6 , 19 6y Length
Rate GPM Drawn Down ft
PUMP DATA:
Pump Type Outlet Size in
Driven by HP
CASING RECORD:
2— hrs.
Plain Casing
Size , Kind 0 ft to -3O ft
Size � Kind /1*: --from ft to I � O ft
Size , Kind from ft to ft
Perforated Casing
Siz �' , Kind i1/ from % 60 ft to
Size , Kind from ft to ft
2_o0ft
Size , Kind from
ft to ft
1964
Gu;;o wgR
gin MP=
WELL LOCATION
P l� 23
County
W 1/a of A} F 1/s of Sect /3
Twp 7.5 J , Rge w ,
West
North
PM
1
1
--- -NW 1/4-
1
I
I
1
- - --
it1
1
- -- Ne;*A- -- -
1
1
1
1
1
1
- - -sir'
1
1
1
t%4-
- - •
i
1
I
1
- - --SF'1�4 - -
1
South
East
ABOVE DIAGRAM REPRESENTS ONE FULL SEC-
TION. LOCATE WELL ACCURATELY IN SMALL
SQUARE REPRESENTING 40 ACRES.
or
If the above is not applicable fill in:
No. Street
City or Town
or
Lot , Block
Subdivision
(include filing or number)
TO BE MADE OUT IN QUADRUPLICATE:
Original Blue and Duplicate Green Copy
must be filed with the State Engineer within
30 -drays—after-well is completed. White
copy is for the Owner and Yellow copy for
the Driller.
FOR WELL LOG USE REVERSE SIDE
-..' .. .•
WELL LOG
Ground Elevation
FROM
FEET
TO
FEET
e9
(if known) How Drilled
TYPE OF MATERIAL
REMARKS
(such as Cementing,
Packing, Shut orf, etc.) .
cI
o
e _ 4 4
u e`r •- - u O C
5ti
-.0 (..).1.1 5=v2
; •
(if more space is required use additional sheet)
WELL DRILLER'S STATEMENT
This well was drilled under my supervision and the above information . : and correct to the best of my
.- knowledge and belief.
Signed ..! `Q,c7
Dated
By
APR.22.1999 8:31AM EHG: 970 963-0985
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No, 98 CW 126
AMENDED RULING OF REFEREE
NO.413 P.4/7
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
SANDRA SMITH IN GARFIELD COUNTY
The above application to make the water rights for the subject wells absolute was filed on
July 20, 1998, and no opposition statement was filed herein. The Water Referee, having made the
necessary investigations, finds that the statements in the application are true, and therefore enters
his Ruling herein, as follows:
1. Nam,sa p one number of *pplicant
Sandra Smith
3059 County Rd. 100
Carbondale, CO 81623
(970)963-3507
2, rir me and locating of strIctnree:
Cedar Ridge Farm Well Nos. 6 & 7 in NE 1/4 of the NW 1/4, Sec..13, Twp. 7, S, Range 88
W, 6'h P.M. Well #6, being 503 ft. from the north section line and 1738 ft. from the west section
line and Well #7, being 48 ft. from the north section line and 1740 ft. from the west section line.
Well # 6 is covered by Permit No 037201- F and Well No.7 by No. 051460- F, both having
underground water rightsand an approved Plan of Augmentation, decreed in 81 CW497 on
December 4, 1984, with diligence rulings entered in 88CW378 and 94CW272..
3. Sauce o r rights•
Alluvium tributary to Cattle Creek and the Roaring Fork River,
4. e
December 4, 1981. Well #6 for 15 gpm and Well # 7 for 30 gpm.
Ed WdEP:LO 666T 02 "-idd
9T2TSE6046 : 'ON Xd3 1100S WH1 : woN..d
APR.22.1999 8:31AM EHG: 970 963-0985 NO.413 P.5/7
WAIF$ 2JVJS(ON S
9BCWI2d
4rtiv, 0~
hgi 2
5. Uses:
Both wells are used for in-house domestic (one unit each), 2000 square feet of
lawn and garden Irrigation for each. Well #7 also usedior.farm/ranch livestock watering and
fire protection.
The applicant states that both wells have been applied to beneficial use. There was
no opposition to the application filed by any other affected owners of vested, decreed water
rights. The water rights meet the criteria set forth in the statute and, if operated in accordance
with the terns and conditions of .the permits and original .decree mentioned .herein, will not
injuriously affect the owners of or persons entitled to the use of water under a vested water right
or decreed conditional water .right.
The Referee concludes and it is, therefore ORDERED that the application should
be granted and that the.amounts ,previously awarded conditional to the subject wells should and
hereby are made absolute and unconditional in accordance with the amounts mentioned herein.
It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk,
subject to Judicial Review.
It is further ORDERED that a copy of this ruling shall be filed with the
appropriate Division Engineer .and the State Engineer.
Dated: Mars 19, 1999
' •a doresici ig mailed to all
::•r~i of record Water
:��c�a; -•Olv. ginserxand
kngineerX Date _ 319.61e1
Qm
OcugN Clem. W410 OP. Na 6
Scott
BY THE REFEREE;
Water Referee
Water Division No, 5
State. of Colorado
No protest was filed in this matter, and accordingly the foregoing
confirmed and approved, and is made the Judgment and Decree of this court.
Dated
Copy of the foregoing mailed to all
Chun =e• of reco,:!..»•Weter
R, ereo,---OIv i.-yineer--and
Starr Ertginoer•--Date 4-1 99
Oewlr Glom WUIrf 0'. Mn 7
Scor
bd Wdbv : z0 666T 02 '.+dU
ruling is
Thomas W. Ossola
Water Judge
9TETS26016 'ON Xdd 110D9 Wdl : WOJd
.1a nAPR . 22. 1999)9 8: 32AM StEEHG: 970. 963-0985- a
•
970 -945 -7"i aen13
P.6/7
P-01
CONTINUED PUBLIC MEETING: SB -35 SUBDIVISION EXEMPTION LOCATED APPROXIMATELY 4
MILES NORTHEAST OF CARBONDALE ALONG COUNTY ROAD 103. APPLICANT: SANDRA
SMITH
Eric McCafferty, Bob Emerson and Sandra Smith were present.
Bob Emerson gave a brief history of this subdivision exemption saying they were here in
mid-December and in essence it was tabled due to the applicant's request and the Board's desire
to try and finalize the pre-existing subdivision. The applicant asked for and the Board denied the
request to extend the time and record the final plat which brings them back to the subdivision
exemption. This is a continued public meeting and notices have been given to the County and
publication has occurred as set forth in the record back in December and an announcement of the
continuation at public meetings.
Rob asked to comment on condition under Major Issues and Concerns page 3. paragraph C
talking about the Board requiring a pump test for the wells. He stated there are two existing
residences as well as a horse barn on the property and well permits for the wells have been in
place for several years. Ile asked for this pump test not to be required. Paragraph D with regard
to the note on the plat stating he didn't feel this was necessary. Paragraph F - Fire District Impact
Fees - Bob said these fees were waived due to the residences already exist and made the same
argument for Paragraph H saying it is not required to have school district impact fees because the
residences have been there for a long time. This subdivision is not creating any new residences_
Paragraph 6 on page 4 regarding well permits - these are in place; page 5, driveway permits -
same argument as there is already a driveway there. Plat note - one dog per residential unit and
argued since they are not creating a new residential lot Bob felt this should not be included. Also
plat note regarding anopen hearth fireplace - this house was built prior to the regulations and
asked that this also be deleted as well.
Commissioner Martin asked if they objected to the "right to farm" as a recommendation.
Bob Emerson said Sandra ranches and farms and would appreciate that plat note.
Eric commented on the purposes for having additional permits on the wells,
Bob read a letter to the State Engineer from Tam Scott, Water Attorney on the project relating to
this permit;
"this well was decreed in. the augmentation plan 2891F in February 1989, The State Engineer
order expired and reiterated its predecessor permit 107036 in its place. In point of fact that
well has been in use prior to June 1981 as evidence by the SBU Sandra Smith filed with the
State Engineer in June of 1981 which was before she commenced her augmentation plan
Water Court. She plans to file an application with the Water Court clarifying the situation
and making the well absolute rather than conditional. Accordingly this is to request the State
Engineer reverse its previous order of expiration reinstatement and order that the
augmentation plan permit 289] F be reinstated at this time,"
Bob said this letter was written in January of 1998 and as far as he knows this has been
completed.
Recommendation:
Staff recommends APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed Tots, access to a public right-of-way, and
any proposed easements for setbacks. drainage. irrigation, ditches, access, utilities, etc/
3. That the applicant shall have 120 days to present a plat to the Commissioners for
Signature, from the date of approval of the exemption. The Board may grant extensions
of up to one (1) year from the original date of approval.
4. That the recording fees for the exemption plat and all associated documents be paid to the
County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of
County Commissioners and a copy of the receipt be provided to the Planning
Department.
5. That the exemption plat submittal include a copy of a computer disk of the plat data,
f^.'.n.atted fir HCP an b C��„r�► A
osessor s CAD system.
post -It• Fax Note
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.7a nAPR . 22. 1999)9 8: 32AM gt 4EHG: 970 963-09851 a
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P. 7/7
6. Prior to final approval, the Division of Water Resources shall issue the appropriate well
permit(s), which shall be submitted to the Planning Department for review, prior to
authorization of an exemption plat.
7. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978,
as amended, and any building shall comply with the, 1994 Uniform Building Code, as
adopted by Garfield County. .
8. The applicant shall consult with the Road and Bridge Department and shall receive any
required driveway permits, prior to final approval,
9. That the following plat notes shall be included on the exemption plat:
"The minimum defensible space distance for structures shall be 30 feet on level terrain,
plus appropriate modification to recognize the increased rate of fire spread at sloped
sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire
Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used
to determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
"The individual lot owner shall be responsible for the control of noxious weeds_"
"One (1) dog will be allowed for each residential unit within an exemption and the dog
shall be required to be confined within the owner's property boundaries, with
enforcement provisions allowing for the removal of a dog from the area as a final remedy
in worst cases."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid-fucl burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit.. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances."
"All exterior lighting shall be the minimum amount necessary, which shall be directed
inward, towards the interior of the subdivision. Provisions may be made to allow for
safety lighting that may be seen beyond the property boundaries."
"Soil conditions on the site may require engineered septic systems and may require
engineered building foundations."
A motion was made by Commissioner McCown to approve the exemption from the definition of
subdivision for Sandra Snaith with recommendations of staff striking in No. 9 "one dog for each
residential unit" adding the "right to farm" notation included in No. 9: under "C - page 3 deleting
"the pump test" still leaving in the portion on "documentation of a legal supply of water permit"
and "waive school impact fees." Commissioner Martin seconded the motion. Motion carried.
P-02
APR.22.1999 8:30AM EHG: 970 963-0985 NO.413 P.1/7
LAW OFFICES
ROBERT B. EMERSON. P.C.
96 SOUTH THIRD STREET
CAR2ONDALE, COLORADO 91623
(970) 963.3700
ROBERT 6. EMERSON
April 22, 1999
FACSIMILE TRANSMISSION TO 945-7785
Mr. John Barbee
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
FAX (970) 963.096!5
Re: Smith Subdivision Exemption
Dear Mr, Barbee:
I am enclosing with this letter the two well permits, as well as a copy of the Amended
Ruling of Referee and Order of Court in this matter.
The Board of County Commissioners approved this exemption on May 18, 1998. The
conditions of approval required, among other things, final approval for the two well
permits on the property. These are to be submitted to you for review prior to
authorization of the exemption plat. (See enclosed minutes.) The Commissioners
extended the time for recording the exemption plat to May 18, 1999, so there are
approximately three weeks of time remaining to finalize this matter. If the well permits
are acceptable, I will have the final plat prepared and delivered to you for review and
execution. Please give me a call as soon as possible to let me know if everything is
satisfactory to finalize the exemption plat.
RBE/rjj
Enclosures
cc: Sandy Smith
Sincerely,
6y
Robert B. Emerson
APR. 22.
99 COLORADO DIVISION OF9WATER RESOURCES
818 Centennial bldg., 1313 Sherman Si.. Denver, Colorado 80202
1303) 6699581
AP_PLICA NT
SANDRA SMITH
3059 COUNTY ROAD 103
CARBONDALE, CO 81820
(0701963-3607
PERMIT TO USE AN EXISTING WELL
NO.413 P.2/7
EX ST
WELL PERMIT NUMBER O 1460
DIV, 5 CNTY. 23 WO 38 DES. BASIN MO
Let. FATHERING PARCEL Black: Fling: 6upolut eaNDRA SMITH EXamP1iDN
APPReyED WEI..L LOCATION
GARF(ELD COUNTY
NE 1/4 NW 1/4 Section 13
Twp 7 S Rng 88 W 6th P,M.
D1SIAN . FROM SECTION LINES
48 Ft, from NORTH Section Line
1740 Ft, from WEST Section Line
ISSUANCE OF T 18 PONT DOES NOT CONFER A WATER RIGHT
&iaalaQloNISF 42ERQYAd
1) Tn(s well snail ha moo In suer o way as to cause no rr►a:erlel jokey to exIollris water rights. The iawdnoc of the permit does not aware
she appltaent that no injury win occur to another vat water rant or pracluoe anemia' owner at a vested water right born soaking Wei
in a civil court scion.
2) Tho oonstnaetiOn et this well shall oe in compliance with ms Water Well Cerurtrucgan Rules Y CCR 402.2. unless approval 01 A Yar(enee
has truer farmed by the State 6aard of Eurnimerf of Witty war( Cohetruct)on and Pump Inmtallaenn Contractors in accoraancs wilt Rule
18.
3) Approved pureuent to CAS 37-90-137(2) on the condition mat this well is operated In imagism* whit the Sbngra Smith (aka Cedar Ridy.
Perm aubdistsionl underground water right and Alen far ou9mgj14tion approved by the Divielen 6 Water Cou t in case no. 81CW497. If
the well is not operated in accordance wim line terms of maid decree, (twill be subject to edminietratjvn including orders to cebee pumping.
4) This wail, Ceder Mogi Farre 6uWivielon Wed No. 7, le advise; to ednvnietrotion by the Dlvlelan Engineer in eoccvdenee wlrn applicable
decries, strums, rules, and reyttattone,
8) tseuenoe at We await hereby cancers permit no. 907036.
6) The use or grow%o water Rom shim well (a embed to are premien, vrdinwv hevoehold parpaasa Iny)tle one (1I lenges family dwelena, the
Irrigation shot more than 2,000 square fat of homogenise= end lawns, and the watering o1 dolnesdc annals. (Maximum of 20 horses
mowed within the entire daplottmsnt.l
7) The maximum pumping rate share net axt:aea 30 DMA.
6) The meAimrm rrmwl amount of around twits, to be opproprlafed 0%311 not exceed 0,48 ecre4r.t.
0) The return flew from the use or the well must Or through an njdMdueI waste waw dispose) syc;trm of the non-evaporbtive Tyra wntrt:
the Water la returned to the same stream syetam in whim mewall ie located.
101 A totalizing now meter muse be installed online wall and meintelned )n good working order. Permor.ertt rceoruo 0t bit divors)ona MUM be
maintained by the wall owner freeardad at leen annually) and submitted to the Division Engineer upon request.
111 The owner Ahaii mirk the well Ina conspicuous piece with wall permit numboria), nom° of the clutter, and Dour; ;ape number(e) se
appropriate_ The owner Anal' take neceesary means end precautions to preserve theAo markings.
12) This well shall be located not more than 200 fast from the Ieeptlon cpocified on this permit,
13) This well shell be legatee at idiot SCO fret frcrrt any existing Well oomolated In the same aquifer that is not ()wheel by the ■Ppiiwn;,
141 The tacation Idernttt.a on this permit foss change ie water right. Thin wall shall be iurl)or to ell tamed wow right, until such time ac the
change has boan approved by the Division Water court Ipendiflg erre no. 66CW12i1 arra the well � muss Dai gpereted )n Accor iancc
with the terms and condition* of that decree. /
1�'�►ti �.— / Z.
NOTE: Expired perrn)f 2891 B -F, was previously issued for this well "Cedar Ridge Firm Subdivision Well No, 7',
APPRO V>sD
DMW
Receipt No.
ems
DATE ISSUED MAR 121999
veer. -
Td 1442 : ET 6651 T2 .add
c.
e1EXPIRAT)ON DATE MAR 12 2000
9TZTSZ6046 : 'ON XaJ 110DS Wtil : WONA
APR. 22.1999,_, 8:30AM EHG: 970 963-0985 N0.413 P.3/7
t• "' •' �� •"'� �2 11 V 5 WTR RESOURCES
• _ 1 30.7, 366 5418 P. e3/84
i18
Caraisami (a, iris ~amp wpm eayale
WILL PERMR NUMBER 037201 :\EL,_ {
031 ue 4MME1
EFL rr, DIV.5 CN'TY. 23 WO 38 DES. BASIN ` MD
sAN'DRA STK
3059 .O3 ROAD
cAR30NDA.LE, CD 41623
AMMOWF‘iii-
CouNTr GARPIELD
_ NW 1/4 - NW .-114 Section 33
Twp •. S Range 86 W -- 5 P -M.
P! O$ ?int 5ECTION-1012S
,4 5_ 0 R.from North Section Lina
3,290 Ft. from wast_ Section Line
PERMIT TO CONSTRUCT' A WELL
iSSUaANCE OF THIS PERMIT DOES NOT CONFER A WATER RIG►{t-
CONO TlOKLOF
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance at the
permit does not assure the -applicant that no injury will occur to another vested water right or preclude another
owner Ota vested wirier right from seeking relief in 8 civil court action.
2) Approved pursuant to CA6 27-60-137(2) on the condition that this well to operated in ac oraanc:e with the Sandra
Smith plan tor augmentation approved by the Division s Water Cour. for Cedar Ridge Farm Well No. 6 in Case No.
a1 CW4a7. If the well u not operated In accordance with the terms of said decree, it will be subject to administration
including orders to cease pumping.
3) The mexlrnurn pumping raw shact not exceed 16 GPM.
4) The average annual Amount et ground water to be appropriated shalt not exceed 0.4A eara•feet.
s) The use of ground water from this well is: bmited to fire protection, ordinary household purposes inside one (1) singIe
family awaiting, the wavering of domestic animate and the irrigation of not more than 2.000 square tem or home
lawns and gardens.
6) This wen shall be constructed not more than 200 fest from the location decreed for Cedar Ridge Farm Well No, 6
in Case No, 81 CW487,
7) A Walking flow meter must be Insulted on the well and maintained in good working order. Permanent records o1
all diversions must L14 melnrainod by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
13) The owner shall mark the well in a conspicuous place wan wen permit number(s), name of the aquifer, and court
ease number(s) as appropriate. He Orap take necesury means and precautions to preserve these markings.
RR-+I9b
A LVED:
DIVISION COPY
031375
Receipt No.
Ed Wd20 : ze 666T OE 'Jab
ev
DATE ISSUED J L 4Q j EXPIrZAT10N DATE €-� IQ 1 �l CJS 1
9TETSE6&.6 : "ON XIj.
11008 Weil : WOZIj
STAIF OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION 5
Office of the State Engineer
Department of Natural Resources
P O Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 945-8741 (call first)
REPORT OF THE DIVISION ENGINEER
SUMMARY OF CONSULTATION
C+
Roy Romer
Governor
Wade Buchanan
Executive Director
Hal D. Simpson
State Engineer
Orlyn J. Bell
Division Engineer
CASE NO.: 98CW126
APPLICANT: Sandra Smith
APPLICATION: To Make Absolute A Conditional (Underground) Water Right
STRUCTURES: Cedar Ridge Farm Wells Nos. 6 and 7
FINDINGS OF FACT
1. The wells are tributary to Cattle Creek, which is a tributary of the Roaring Fork River, which is a tributary
of the Colorado River. Diversion of ground water from the proposed wells will influence the rate or
direction of movement of water in those natural streams and their alluvium. The Colorado River system is
overappropriated. At some or all times of the year, the water supply for said stream system is insufficient
to satisfy all of the decreed water rights senior to an appropriation by the applicant. Diversions from the
subject wells will cause depletions to this over appropriated system.
2. The subject wells are operated in accordance with the Sandra Smith Augmentation Plan approved in Case
No. 81CW497 by the Division 5 Water Court. This plan provides for replacement of all out of priority
depletions in time, place, and amount.
ATIUl\B
Based on the above findings, I find that the use of the subject wells will not injuriously affect the owner of, or
persons entitled to use, water under a vested water right, or a decreed conditional water right, provided the
wells are included in, and operated in accordance with, the Sandra Smith Augmentation Plan approved in Case
No. 92CW297 by the Division 5 Water Court.
Per CRS 37-90-137(2), no permit shall be issued unless the location of the wells will be at a distance of more
than 600 feet from an existing well unless the State Engineer has found after a hearing that the circumstances in
a particular instance so warrant, or if a court decree is entered for the wells' location after notice has been given
as provided in CRS 37-90-137(2)(b)(II)(B).
CONCERNS
I cannot recommend approval of this application until the following concerns are addressed:
1. The well locations must be specified. A change in water right must be obtained if wells are not at the
previously decreed location. (Applicant submitted applications for Well Location Amendment for Cedar
Ridge Farm Wells No. 6 and No. 7. It appears the actual well locations are not at the locations for which
the absolute water right is sought.)
2. Well permits issued pursuant to C.R.S. 37-90-137(2) for Cedar Ridge Farm Wells No. 6 and No. 7 must be
obtained and Statements of Beneficial Use must be accepted prior to the approval of any absolute water
right.
Report of the Division Engineer - Sun. .ary of Consultation dated 10/22/98 - Case N 8CW126 - Page 2
3. The applicant must provide the annual appropriation amount in acre-feet for each well.
4. The applicant must provide details of domestic use, including the number of single family dwellings to be
supplied.
I MMENDATION5
Based on the above concerns, the State and Division Engineers ask that the issues discussed in this consultation
be addressed prior to granting any water rights.
Information requested in this consultation should be submitted to the Division 5 Water Court.
DATE: October 22, 1998 SIGNED:
1, ., Division E
ineer
CRS 1973, 37-92-302(4), signed into law May 17, 1988, provides that the applicant or the applicant's attorney
shall mail or deliver a copy of this consultation to all parties of record who filed a statement of opposition to
this application. The statute also requires that the applicant or his/her attorney shall file a certificate of
mailing with the water clerk for Water Division 5, confirming that this consultation (and attachment) is mailed
to any and all opposing parties.
CERIFICATEOFMAILING
I hereby certify that on this 'moi day of 4/m,re,4.-42W 1998, a true and correct copy of
this REPORT OF THE DIVISION ENGINEER — SUMMARY OF CONSULTATION was mailed to:
FITZHUGH SCOTT III, ESQ
ATTORNEY FOR APPLICANT
1555 SILVER KING
ASPEN CO 81611
the foregoing mailed to all
—joke! of record ---Water
eree,---Div. Engineer4and
State Engineer/Date H -
q _ g
nm
tr �^�*, waver t' . Mo. 5
1
t 1
STAIE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION 5
Office of the State Engineer
Department of Natural Resources
P O Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 945-8741 (call first)
REPORT OF THE DIVISION ENGINEER
SUMMARY OF CONSULTATION
r•
C!
Roy Romer
Govemor
Wade Buchanan
Executive Director
Hal D. Simpson
State Engineer
Orlyn J. Bell
Division Engineer
CASE NO.: 98CW126
APPLICANT: Sandra Smith
APPLICATION: To Make Absolute A Conditional (Underground) Water Right
STRUCTURES: Cedar Ridge Farm Wells Nos. 6 and 7
FINDINGS OF FACT
1. The wells are tributary to Cattle Creek, which is a tributary of the Roaring Fork River, which is a tributary
of the Colorado River. Diversion of ground water from the proposed wells will influence the rate or
direction of movement of water in those natural streams and their alluvium. The Colorado River system is
overappropriated. At some or all times of the year, the water supply for said stream system is insufficient
to satisfy all of the decreed water rights senior to an appropriation by the applicant. Diversions from the
subject wells will cause depletions to this over appropriated system.
2. The subject wells are operated in accordance with the Sandra Smith Augmentation Plan approved in Case
No. 81CW497 by the Division 5 Water Court. This plan provides for replacement of all out of priority
depletions in time, place, and amount.
RBI MVIENDATIOI\B
Based on the above findings, I find that the use of the subject wells will not injuriously affect the owner of, or
persons entitled to use, water under a vested water right, or a decreed conditional water right, provided the
wells are included in, and operated in accordance with, the Sandra Smith Augmentation Plan approved in Case
No. 92CW297 by the Division 5 Water Court.
Per CRS 37-90-137(2), no permit shall be issued unless the location of the wells will be at a distance of more
than 600 feet from an existing well unless the State Engineer has found after a hearing that the circumstances in
a particular instance so warrant, or if a court decree is entered for the wells' location after notice has been given
as provided in CRS 37-90-137(2)(b)(II)(B).
CONCERNS
I cannot recommend approval of this application until the following concerns are addressed:
1. The well locations must be specified. A change in water right must be obtained if wells are not at the
previously decreed location. (Applicant submitted applications for Well Location Amendment for Cedar
Ridge Farm Wells No. 6 and No. 7. It appears the actual well locations are not at the locations for which
the absolute water right is sought.)
2. Well permits issued pursuant to C.R.S. 37-90-137(2) for Cedar Ridge Farm Wells No. 6 and No. 7 must be
obtained and Statements of Beneficial Use must be accepted prior to the approval of any absolute water
right.
"Report of the Division Engineer - Sun_ .ary of Consultation dated 10/22/98 - Case ? 8CW126 - Page 2
3. The applicant must provide the annual appropriation amount in acre-feet for each well.
4. The applicant must provide details of domestic use, including the number of single family dwellings to be
supplied.
R1IDMMIINDATIONb
Based on the above concerns, the State and Division Engineers ask that the issues discussed in this consultation
be addressed prior to granting any water rights.
Information requested in this consultation should be submitted to the Division 5 Water Court.
DATE: October 22, 1998 SIGNED:
1, . ., Division E ineer
CRS 1973, 37-92-302(4), signed into law May 17, 1988, provides that the applicant or the applicant's attorney
shall mail or deliver a copy of this consultation to all parties of record who filed a statement of opposition to
this application. The statute also requires that the applicant or his/her attorney shall file a certificate of
mailing with the water clerk for Water Division 5, confirming that this consultation (and attachment) is mailed
to any and all opposing parties.
CERIIFICATECF'M IUNG
I hereby certify that on this 4/ 07 day of i(%.,i'e e.,--- 1998, a true and correct copy of
this REPORT OF THE DIVISION ENGINEER - SUMMARY OF CONSULTATION was mailed to:
FITZHUGH SCOTT III, ESQ
ATTORNEY FOR APPLICANT
1555 SILVER KING
ASPEN CO 81611
,-4 the foregoing mailed to all
i)sel of record ---Water
;epee, Div. Engineer4andd
:;tate Engineer/Date II—q- 8
----DILL_
^a�Y�t< pi.. No. 5