HomeMy WebLinkAbout5.0 BOCC Staff Report 05.18.1998BOCC 12/15/97
5/18/98
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Sandra Smith
LOCATION: A tract of land located within Sections 12 &
13, T7S, R88W of the 6th P.M.; located
approximately three (3) miles northeast of
Carbondale, along County Road 103.
SITE DATA: 102.5 Acres
WATER: Individual wells
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: County Road 103; easements
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract lies within the Medium Density Residential (6 to less than 10 acres per
dwelling unit) Proposed Land Use District, as designated by the Garfield County
Comprehensive Plan for Study Area I.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject tract is 102.5 acres in size and located approximately
three (3) miles northeast of Carbondale, along County Road 103 (Crystal Springs
Road). An access drive bisects the tract, from south to north, with pastures on the
westerly side and native vegetation on the easterly side. There are two existing
dwellings on the tract, as well as a large horse barn and various paddocks.
B. Adjacent Land Uses: Land uses adjacent to and in te vicinity of the tract are
agricultural and residential. See vicinity map, page
C. Development Proposal: The applicant proposes to subdivide, by exemption, the 102.5
acre tract into two (2) parcels of 10 and 92.5 acres each, more or less. The smaller
parcel would contain one of the existing dwellings and the larger parcel would include
the remainder of the improvements. See sketch map, page 7
D. Development History: The subject tract was granted a previous exemption from the
definition of subdivision, creatinl. an 18 acre parcel and the subject 102.5 acre tract.
See Resolution 89-052, pages • to . Since then, the subject tract has received
Preliminary Plan approval for an eight (8) lot development known as Cedar Ridge
Farms subdivision. See Resolution 91-062, pages • /' . It appears that the
10 acre proposed exemption p el, more or less coincides with Lot 6 of the
Subdivision. See map, page 1
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad), preventing joint use of the proposed tracts, and the division occurs
along the public right-of-way, such parcels thereby created may, in the discretion of
the Board, not be considered to have been created by exemption with regard to the
four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;"
It appears the subject tract has existed since at least February 1966, when the
Sherwood's obtained title a large amount of land, which included the subject tract.
See deed, pages /%•I . Sometime later, the subject tract was created from this
holding; however, the timing of this creation has not been determined. A narrative
provided with the application states that the subject tract was created prior to January
1, 1973, as other tracts of land were conveyed out from the description recorded at
Book 375 Page 50. See narrative, pages 20 •Staff has found no
information to dispute this statement, therefore, it appears the tract does comply with
Section 8:52 (A) of the Subdivision Regulations and, due to the previous exemption,
two (2) more exemption parcels could be created.
The previously approved preliminary plan for the Cedar Ridge Farms subdivision
never progressed to final plat. Therefore, the tract is not part of a "recorded
subdivision" and the exemption may be allowed consistent with Section 8:52(A) of
the Subdivision Regulations.
B. Zoning: The tract is zoned A/R/RD and both proposed parcels are in excess of the
minimum lot size requirement. There are no excessive slopes on the parcels that
would preclude development and no known natural hazards that would affect
development.
C. Water Supply: According to the narrative, the water supply for the proposed parcels
would be derived from two (2) existing, domestic wells. One of these wells serves the
existing residence and the other serves the barn and apartment. Planning Staff has
discussed this arrangement with the Division of Water Resources, who has stated that,
although the court adjudication is still valid, well permit 28918-F has been canceled
and permit 107036 has been reinstated, for historic uses. See water information,
pages 22.36 . It appears that a legal water supply does exist; however, some
additional permitting may be necessary, which must occur prior to any final approval.
No pump test has been performed on either well, however, apparently both wells have
been adequately serving the individual residences. If the Board requires additional
certainty concerning the physical water supply for the exemption, a pump test should
be performed prior to authorization of an exemption plat.
D. Soils/Sewer: Wastewater would be treated by individual sewage disposal systems, as
it currently is. According to the Soil Conservation Service, the soils on-site have
slight to severe constraints when used for building foundations and ISD systems.
Staff suggests the inclusion of a plat note to address these possible limitations.
E. Access: Access to the site is directly from County Road 103, approximately three (3)
miles north of its intersection with State Highway 82. An improved, gravel driveway
bisects the property, eventually reaching the proposed exemption parcel. Staff
suggests that an exemption plat identify this access within a minimum right-of-way of
30 feet.
F. Fire Protection: The Carbondale & Rural Fire Protection District has responded,
noting that the tract would continue to be served with emergency services. The
District also notes that develo ment impact fees would not be required for this
exemption. See letter, page 3 . Additionally, staff suggests the inclusion of the
standard plat note addressing wildfire mitigation.
G. Easements: All required easements for access, utilities, water supply, etc.,would be
required to be shown on an exemption plat.
H. School Site Acquisition Fees: Since each proposed parcel currently has an existing
residence, the Board should decide whether the applicant should be required to pay
the $200.00 school site acquisition fee.
3
41.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, 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 lots, 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,
formatted for use on the County Assessor's CAD system.
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.
The applicant shall consult with the Road and Bridge Department and shall receive
any required driveway permits, prior to final approval.
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 owners 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 new open hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel 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."
(SEC. 13)
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STATE OF COLORADO
)ss
County of Garfield )
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Commissioners'
Meeting Room at the Garfield County Courthouse in Glenwood Springs on
the 15th day of May A.D. 1989 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
Don DeFord
Mildred Alsdorf
when the
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
following proceedings, among
others were had and done, to -wit:
RESOLUTION NO. 89-052
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY
SUBDIVISION REGULATIONS FOR SANDRA SMITH.
WHEREAS, Sandra Smith has petitioned the Board of County
Commissioners of Garfield County, Colorado, for• an exemption from the
definition of the terms "subdivision" and "subdivided land" under C.R.S.
1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations
of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through
8:60 and for the division of a 120.64 acre tract as described in Book 572,
Page 540, as filed in the Office of the Clerk and Recorder of Garfield
County, Colorado into two (2) parcels of approximately 102.50 and 18.14
acres each, more or less, which proposed divided parcels are more
practically described as follows:
Parcel A: see attached Exhibit "A"
Parcel B: See attached Exhibit "A"
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the
proposed division does not fall within the purposes of Part 1, Article 28,
Title 30, Colorado Revised Statutes 1973, as amended, for the reason that
the division does not warrant further subdivision review, and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
a reasonable probability of locating domestic water on each of said
parcels, that there is existing ingress and egress to said parcels, that
the location of septic tanks will be permitted by the Colorado Department
of Health, that the requested division is not part of an existing or
larger development and does not fall within the general purposes and
intent of the subdivision regulations of the State of Colorado and the
County of Garfield, and should, therefore, be exempted from the definition
of the terms "subdivision" and "subdivided land" as set forth in C.R.S.
1973, 30-28-101 (10) (a) -(d), as amended;
NOW THEREFORE, BE IT RESOLVED that the division of the above described
parcels "A" and "B" from the above described 120.64 acre tract is hereby
exempted from such definitions and said tract may be divided into said
parcels "A" and "B" and may be conveyed in the form of such parcels "A"
and "B", all as is more fully described above and that a copy of the
instrument or instruments of conveyance when recorded shall be filed with
this Resolution.
Dated this 15th day of - May , A.D. 1989 •
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
C/lertk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Marian I. Smith
Arnold L_ Mackley
Elmer (Buckey) Arbaney
STATE OF COLORADO )
County of Garfield )
Aye
Aye
Aye
I� , County Clerk and ex -officio Clerk
of the Board of County Commissioners in and for the County and State
aforesaid do hereby certify that 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 seal
of said County, at Glenwood Springs, this day of , A.D.
19
County Clerk and ex -officio Clerk
of the Board of County Commissioners.
PARCEL A:
A parcel of land situated in the SWz of Section 12 and the N1 of Section 13,
Township 7 South, Range 88 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°55'16"
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 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 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. 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. 10'24'04" W. 591.49. feet; thence S. 77°29.'14" E. 737.75
feet; thence S. 27°08'04" E. 412.25 feet; thence S. 01'18'01" 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 portion of said parcel lying in Lot ' of Section
13, said Township and Range.
PARCEL B:
A parcel of land situated in Lot 8 of Section 12, Township 7 South, Range 88
West of the Sixth Principal Meridian, described as follows:
Beginning at the Quarter Corner between Sections 12 and 13 in said township and
range; thence S. 87°58'57" W. 762.34 feet along a fence; thence N. 03°42'58" E.
76.44 feet; thence N. 45'01'08" W. 273.91 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;
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" E. along the North-South Centerline of said
Section 12, 713.02 feet to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
, /0
STATS OF COLORADO )
;ss
County of Garfield )
juk..1. 5 199)
At a meeting of the Board of County
Commissioners for Garfield County, Colorado, held in the Commissioners
Meeting Room, Garfield County Courthouse, in Glenwood Springson
mn^,,Ay , Lhe 15t.h of ,i""1y . A.D.: 1? )1
there were present:
;,_„,.1,4. J• •,gree , Commissioner Chairman
F1 mPr f R11.^_Ka" 3:: anoy , Commissioner
mAr;an T ami`„ , Commissioner "
,1,,,, nP r - -- , County Attorney
^".i `.en P.1=dQ f , Clerk of the Board
Ohl: . OPscrienna„a_ , County Administrator
when the following proceedings, among others were had and done, to -wit:
9ck 808 Ptr,F,`3F4
t
RESOLUTION NC. 91-062
A RESOLUTION C:)NCERNEL WITH THE APPROVAL OF A P,HELIMINARY PLAN FOR THE
CEDAR RIDGE SUBDIVISION.
Sandy Smith has filed an application with the Board of
County ':._.Jlissione.rs of the Garfield County Planning Department, this
Board finds as follows:
That proper publication, p-iblic notice and posting were
2rovided as required by law for the hearings 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 Board `of 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 beer. submitted, reviewee. and found to meet all sound
planning and engineering requ..remcnts 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
C9dar Ridge Subdivision for the following described unincorporated arca
of Garfield County be approved with the following conditions:
. /I
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poi( 808 P.f.F SG5
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
Commissioners.
2. That the applicant shall reserve a tract of adequate size in
a central l:cation tor a community dumpster. The tract shall
include z. concrete pad with wood fencing or masonry walls for
screeni.ng 1.0 poses. 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.
2 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 or -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. Loots 1-3 and may be required on all other lots.
2. engineered 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 proposed roadway shall be constructed in accordance
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.
6. That the applicants shall provide written endorsement from the
Colorado Division of Water Resources.
9. Tnar the applicants shall provide written authorization by the
Carbondale Fire District consentingito the cul-de-sac design.
10. Tho all utilities shall be placed underground.
;1. 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.
i3. Than. 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 zcning 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.
15. The applicants shall (chip and seal) surface C.R. 103 from the
end of that pavement to the entrance of the Cedar Ridge Farm to
a similar standard as required for Hawkridge.
'44.s1": 4s•/
-
(Inn SOS picESGG
17. The applicants shall revegetate all cut slopes and disturbed
areas with a certified weed freeseed and monitor.
LFGAL DESCRIPTION: See attached Exhibit A.
Dated this ictil day of y
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
, A.D. iqcol
Clerk of the Board
-.-
Chairman
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote: )•
•
4---1,7,iri T. mArIclpy , Aye
_Elmpr (Rt,r1,7ey a,hArpy . AYe
Ni.ArAn 1 cm;,.h______ , Aye
STATE OF COLORADO
)FIS
County of Garfield
County Clerk and ex -officio
Clerk of the Boal:d of County Commissioners in and for the County and
State aforesaid do hereby certify that 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 WHERECF, I have hereuntoset my hand and affixed the
sal of said County, at Glenwood Springs, this day of
, A.D. 19 .
County Clerk and ex -officio Clerk of. the . Board of County
Commissioners
2
12
I
A parcel of land situated in the SW>: of Section 12 and the N of Section
13, Township 7 South, Bantle 88 West cf the Sixth Principal Meridian,
described as en:lows:
Beginning at the Quarter Corner coramon to Sections 12 and 1.3 in said
Township and Range,
thence S.84°16.22" E. alcng the Section line between said Sections
12 and 13, 2,.0.00 feet to point in the center of the Park Ditch;
thence along the centerline of said ditch S.16°0731".
thence S. 26°1750" E. 76.58 feet;
thence S. 34°.5£50" W. 179.02 feet;.
thence S. 21°25'52" W. 97.27 feet;
thence S. 09°41'43" E. 57.73 feet;
thence S. 14°0735" E. 322.35 feet;
thence S. 12°0317" E. 139.33 feet;
thence S. 73°5425" W. 139.94 feet;
tl,er,ca ..:1"3!11 E. 2':14.00 feet;
thence S. 053.32" E. 139.40 feet;
S. 21°16'33" E. 67.5.:i feet;
64"12'3,," E. teet:
thice S. 52-13'33" E. 95.46 :Ie;
thence S. 10'49'10" E. 116.53'feet;
thence S. 26°39'52" E. 157.36 teet;
thence S. 18°20'39" E. 70.39 feet;
tnnce S. 27°01'44" E. 142.09 feet;
theh,:e S. 3922..09" E. 143.24 feet;
th,ene., S. ,12°52.19." W. 96.14 fc.!c.
.Teny Soa,.! ho. 103;
Ichg said r:qht-nf-way line. 59.21 feet the arc
She rIght, havin a radius of 1.04;H:7 feet the chord
81°1;-25" W. fee;
S]'25'00" W. 115.69. feet;
the:1.:e 116.32' feet along the -.rc of a r_hirce tc the left, having a
rcUas of 711.2: feet, the of which bears S. 78°55'16' W. 116,20
thenoe 230.70 :',et edong the arc of a curve to the left, having a
raCius of 423.1.3 feet, uhe choid of which bears S. 56°4821" W. 227.86
tence 90.3 r.et along the arc of a curve to the left having a radius
4G8..57 eet, the chore. of which bea.rs S. 16°48'42" W. 90.75 feet;
1e3viug ri.ht-of-way line N. 891638" W. 32.34 feet;
40" N. 492.34 feet to a point in the center of said
.)N the Northerly :ghL-of-way
•••••••cr,,,-.• =liar,
pK
5C',1 808 r cESGS
79°54'59" 105.66 feet along !' e center of said ditch;
thence N. 06°38 240.30 feet;
the:._.'.. N. 73°0L' 1 " t;. 409.45 feet;
thence N. 54°0t' 2:: ' w. 675.9.1 feet;
thence N. 10°49'0" 'w. 313.56 feet;
thence N. 12°35'49" •.`L436.10 feet;
thence N. 18'16'24" W. 529.17 feet;
thence N. 00°19 40' F. 456.51 feet;
thence N. S8°12'04' W. 174.20 feet;
thence N. 10'24'04" W. 591.49 feet;
thence S. 77°29'14 737.75 feet;
thence S. 27°08'04" E. 412.25 feet;
thence S. 01'13'01' E. 122.39 feet;
thence S. 03°51'29" E. 233.82 feet-.;
the:o_ S. 45°01'05" E. 273,91 feet;
_he:..._ S. 03°42 `_i W. 76.44 fejt;
tho:r:::e N. „ 58'5." E. 722.34 feet more or Less to the Quarter Corner
common to Sections 12 and 13 .n said Township and Range, the point of
....art Except that portion of said parcel ±ging in Lot 7 of
5-ctiun 13. saij Township and Rance.
a
kILTAV
.
f
qa=
7,.
Z • ;t:
eitZVZ
AilaAv
1:-:nce of lanO situated in Lot 8 of Section 12, Township 7 South,
Rance S8 West of tete Sixth Principal Meridian, described as follows;
the Quarter ._orner between Sections 12
=.:c:.ze S. tS7'58 'r'i 7E2.34 feet along a
thence N. 0.. ,2 J.. E. 75.44 f___;
znence 47-.'-'31:,-11.8"W. 273.91 feet;
f,.e... _ '"15 W. 122.39 feet;
_7.enc = N. 27'08'04" w. 412.25 feet;
thee.,._ S. '7.°29'14" L. 1166.80 feet
cafe..!.'_ne of salt✓ Section 1_
thence S. 01°27'21" E. alcnq the North -:lout':
712.02 Cee: to the pont of beginning.
U t,
w
Ir
621
and Madeline Larson
Aha St. Suite 101
'olorodo 61611
LOT 7
17.6 Acs.t •
7194 E. Costilla Mare
Engb•oad colorod 1p
1•,
z
ti
N b
i
Richard Non',
3057103 Ra
Carbon/de. CO 81623
SCALE , r • .1000•
M I,h C1i
• 6LM
P.O.B. S 81'1617" E
rw
r7
56'57
G
u4 us
0
as descnbed.
bar and cop C.S. 15710.
nd monuments as shown.
logather with the right to
. reserved by the United Slates
December J0. 1941, in Book 205
, 45554.
n—participating royalty of 1/32 of
reserved in Document Na. 214013
barles P. and Ono Ren/Ile.
' r9
John and Susannnt Clark
cja Ptltil and Ilarlin
101 California 51 351h boor
San Francisco, Ca. 91111
Karl C. and Madeline Larson
201 M Mid 56. Sudo
01
. Aspen, Colorado 61611
\S. l
M r a
snit.
ses3r
N ;347 11 t
009 e5 N
Karl C. and Madeline Larson
201 N. Mil 56. 54,4 101
Aspen, Colorado 61611
ZI
sr7° CJ 1'
ea6 { 1.
CI /Co`P11 .
Orme, 4.0«•r 044.4.•
1'
//eM A%ye 56.0dni.len
we
AtAt
Book 375 Page 5Q
qMeier mem .L— 25 eco
ar:r.■
M -r.`
♦s trite t T�wae.i�jt;
Cha �$+- �Gig08
neat madams 15th
one thousand nine huadrad and sixty—six
RENFTLE, also known, as Ima Mae R
diy of February.: , >h� for ria Marc Lund
between CHARLES P' RENOTLE ditinttA,
enftle,'
State of Colorado, alt the (drat part, and
ofthe county of Garfield - and
NORMAN E. SHERWOOD, JR. and MARY N. SHERWOOD
Of the County Of Garfield and state of Colorado, of the emend p.
lt
Witnesseth, That the said part ies of the fret part, for and in eau of the am of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS—...
to the said part ies of the that part to hand paid by the said parties of the second tart, the reeefpt whereof is
herebybcaornfeeased and aelmowledged, ha V e granted, bargained, sold and conveyed, and by these presents do
rat,¢easel, t mi,rconve theirand confirm assigns
the said parties of the second part, nut in tenancy to common but In
assigns and the heirs and "edges of math survivor forever, all the following
described lot s or pineal s of land, situate, titan and being In the County of Garfield and State
of Colorado. to•wit:
See description attached.
1 rescuers:m.u11'
/%tel
fINTTEOST
taleTogethder� l��g lar the hereditaments and appurtenances thereto belonging or in anywise apper-
tevetaione, remainder and remainders, rents, Issues and profits thereof; and alt the
estate, right. tide•t, 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 tbe hereditaments and appurtenances.
To Hue and le Hold the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, the survivor of them, their assigns and„the bears and assigns of such Survivor forever.
And the said part ieS of the first part; for them selVCS , t" t s, executors, and administrators, do
covenant, grant, bargain and agree to and with the saki parties of the second part, the survivor of them, their assigns
well seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate of lnber
and the heirs and assigns of such survivor. that at the time of the ensealin and delivery of these presents, ett+� yy
ltlnecar 1
he law, in fee simple, and have good right, foil power and tearful authority to grant, bargain, sell and convey
the same In manner and form aforesaid, and that the some are free and clear from all former and other grant.,
bargains, sales. Dens, tam, assessments and Incumbrances of whatever kind or nature mower, except reser
vations in United States patents ;
and the above bpremhled premises in the cadet and peaceable possession of the odd parties of the second
t, the
survivor of them__, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully lawfully claiming or to claim the whole or any part thereof. the aatd part ies of the first part Shall aid will
WARRANT AND FOREVER DEFEND.
111 Witness Whereof, The said part ies of the first part have hereunto set their hand S
and mob the day and year first above written.
Signed, Sealed end Delivered in the Presence of
STATE OP COLORADO,j -
. iiL
County of__..._.Garfield.. "_. The foregoing Instrument was
..'NNMNI„I n acknowledged before me this 21st
day eG. ....tL1rCfL_.._.._._..., 12.u6.,
;�?r�.of ij' • •by. Cholw.le s...P......Reafticand..Ira..Renftle.,....also..known
�,•;,,, .•..L?�.as
,r 3�c° ••; , a:.:_..Ima...pfa c_ gentile_
• O`I'L .. • Witness my hand and official seal.
' ; e., .0•? oo Ny communion expires......._..Ju1y 27i 1969
n1,8� r j
. .nbIle
.. •••: ...•'Qr Hf.,url0 eaiy..m,wrl I.cabarer.hawsaawasewcawet .. _. Notary wmi
N..-c•.��.. • capacity ad Ar waw a.ur.
•
1
Book 375
• - - • ' " •
Page 51 ;:
Sank Section 11 except baginningat the Northwest cornerof•said
SE3/4SEk thence South along the West line of said SEkSEt 388 feet, thence
Northeasterly 166 feet to a point 292:feet south of the north line of
said saSEk, thence North 292 feet to the north line of said SEkSE1/4,
thence West 127 feet. Lots 6, 7, 8 and 10, NEkSWk Section 12; Lots 1, 2, 3,
4, 8, 9, 10, 13, 15 and 16 of Section 13; EkNE1/4 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. 7247' W.
238.00 feet along the center line of said road; thence S. 8325' 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. 0027'54" 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 NESE, Section 11, Township 7 South,
Range 83 West of the Sixth P.M., described by metes and hounds as
follows:
Commencing at a point on the SE corner of said NEI,SE'4. 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 2.7 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 grazing rights and privileges
which arc adjacent to and used in connection with said real property.
• : • 7 77/
•
;•-r f •
st
rties
t
d reserVe
ofr1/32gof all oil, gas and other mineralsawhich non-participating
or maytbe be in,'
n royalty
or that may be y°n
y produced from the above_described.real property..
First parties also except from the above described property that part
of the SEE Section 14, T. 7 S., R. 88 W. of the 6th F.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, Cotorado, 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 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
ao
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
SL0-WT< DIV 5 TEL:.0 -945-5bb5
DIVISION OF WATER RCSOURCrS
WATER DIVISION I:tVt
O((ce of the Stile Engineer
Defur(ment of Naturit
50433 U.S. liwy 6 d 24
I'.U. Uox 396
Glenwood Springs. CO x1601
Phone (3031 945-S66S
FAX 003)945.8/41
DATE:
Dec 10 9( 16:17 No.005 P.01
STATE OF COLORADO
FAX TRANSMISSION COVER SHEET
TRANSMIT TO FAX NUMBER:
?qS`-/3 77, J)
IMMEDIATE DELIVERY TO:� r C---'
FROM:
A__ 71- w4
NO. OF PAGES (INCLUDING COVER SHEET): 2
INSTRUCTIONS/COMMENTS:
,',z.ff
/!/,o I i a .s a r7
p` (a 7 03 6 ?CT .� ‘-e
If you have problems receiving document(s), please call 945-5665.
DIVISION 5 WATER RESOURCES
OUR FAX NOS: (303) 866-5'115 or (970) 945-8741 (call 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 Ile day of ___Q `r CCuc.—`t'si
By:
Prepared by: SL
cc: Division 5
Applicant
0389I/Form W0580(K)
, 19 RC( .
J= is A Danielson
Sta gineer
Steve Lautenschlager
Water Resource Engineer
Ground Water Section
7r
r n/a
Applic;;li0n must 1(t
irrr tumnietc where
•rplrcatjle. Type or
int in BLACK
JI;. Wunvernirikes
or erasures unless
Initialed:
cofifr
nU -
•
CO1.0 ADO DIVISION Or WA.I I -I{ r'c(.Y'U('
13111 r"'`l1L 41E31(19.. 1B13 ::Irerrtl,rn Slt:11�U;i., Ucru•r•r C f 1
,,tlu f r;
PE HMI )' APPLIC,A I ION f Olifvl ' RECEIVED
(1) APPLICANT • rnitiiino i1ddr, SS
NAME -- ° L
L1 f1EET—�o
C1TY—ASP Era
1E1 (:PHONE NO
FOR:
I A PEfiMi i 10 V`i: C1110til4U VstAl1:it
A PERMIT 110 CONSTRUCT A WELL
A PE Rt\1:T (0 INS1ALL ;. t'UA•1P
) REPLACEMENT FOR NO.
O T H E R
t1'A1 ).f1 COU1(T CASE NO.. .
_ S Gi _ - -- -----•- --.... .
Co 1,1)
fSiaiel
9aS-9110
(2) LOCATION OF PROPOSED WELL
County
5 NV Y. 0) the S
7
S Rng 535
rr:Sr
%:. Section17
W . ` t r.r,•t
••:) WATER US E AND WELL. DATA
,nosed ma.cimurn pumping rate (yprn) ` 5
;,tir•rage annual amount of ground ‘water
lid be add, opt i,ted (acre•ICet):
0, acus to be iriyated: iq 0
i' UcPOscb total depth (feet):
a
Uuiler yround water is to be °etauied from:
.vnr•'S r+ill oe'ignation
i1?0UND WATER TO SE USED FOR:
I HUuSEHOLD USE ONLY
1 DOMESTIC 11)
:'-:' LIVESTOCK (21
I C:Or.1me: RCIAL (4)
;OTHER 19)
no urrgation (01
( I I1.1DL_:STl1IAL 1:;i
( 1 i RIG; T1C)N (Ei)
( 1 MUNICIP At. (i:)
n t�t
rizc I R.Oi Lc 1 ICr�1
1.)E1 AIL THE USE ON BACK IN (11)
;) DRILLER
r•IJ,c,n� ':J. ---__LI:- No
lit•ccrrli (V(.
MAY 2 1 1979
E`rMLz3 ft rnumms
ELME EiIGIK R
UZI I/
VJP
(KJ MCA WRITE IN THIS COLUt.1:
C:ONDITI.ONS -
OF PPROVA�
1 hit. ;:e(( shall he uLed in such a way 2s to cause
No ntft(ri,:l iri)ury 10 existing water rights. The
issu,nncti, of the permit no not assure the applicant
that no 1r,lUry will occur 10 ;mother vested water
riynt or I)r;: luc)t' another owner 01 a vested water
richt iron) seeking relief in a cavil court action.
•'-I2Uri0Y D ,PURSUANT
(3) (b) (II) AS THE
OF' 35 ACRE'S OR MO
ACRES Ib 5 /ter
TO CRS 1973,
ONLY WELL ON
RE DESIGNATED
54,-) 'mac
i_ g Com• '
37-92-602
A TRACT
AS
APi');OVED FOR DOMESTIC USE,INCLUDING THE
IRRIGATION Or NOT OVER ONE ACRE OF HOME
CARLi1 :S AND LAWNS.
A?Pii0Y:D PURSUANT TO CRS 1973, 37-92-602
FOR THE WATERI1NG OF' LIVESTCCiI ON A FARJ,f
OR RANCH.
y% Y� .
!•. .%rt
i
I`t l
AI'PLic: ;TION APPROVED
I'E1in111 NUM(IEft
DA1 E :SSULt)
1.0'103(
JUN U 1979 ---
XPIP.A. 1ON !,,~. ft .,i U.N 04 1981
Ire •'1 r`il�r,rJ� r11/) �,_%, //1+G
��_ ) 1.'.....,1...;,1::. t:r:(ill!!=t l( •_.-_-- -•----
+;r) TI -IC ;'1 -ION UI• I i 11 11 (01'(:). ) 011:I
I
Y•,+(ch_ L paler il
w,II must be tr„I.�..IL'd ont the .uhl we Ilse.,
use' tltc C:L•IJT[fl ;iC J d I(It;n below
• c • :•tt:ltut�-kr;13111;1 It,, lb,:
ul.lfut,.
i; -- 747-- r.
tr01111
rt.
-- • 1 JMLE C„U( FE CT.-
(
— NORTt1 SECTION LINE
it:.
J
c
t --
I
F
I
.n
I'
11
xl 1
c
1 I
SOU111 SEC' FON 1.1N(
The• scale of Inc diagr;lrn is' inches = 1 mile
srna!! suuarc represent\ •10 acre;
} L NTc TAULE ;110,
.err too. ...r: 1 tang 1 loot rieen
I Luu•( lout (1e1 st•(Ont1 lend . 4411 Sail to
4. Ian,.t t (per mutr.3C It){lrnl
Y nl w.11 rl'(t,..le nnls,un.mal CI,• 1 ocir•Iont nl v, ,ll Cr Iter Y('ar.
1 tool . . 42. 500 ctrn•_ I
eet . 775 1.100 9olion%
1000 uont brnttretl coni•fl sly (Of Onc J4 U(u(tuCes 4 47 ..Cr e. Iect.
Intl I —. --- J
It tltsl;p,, t.. I ...
!UL LVLA I L1J
Inn lines.
1t. Irons r So V T
Ilsar ut or sunt sL•L
/sfcon
11. bunt NAJ ES'j
SN...-) 14 St.')(/ 1 .yes(—__ SOL. li•
1.0T. ¢.pF SET. 17_T1.
R1.(1('K f:I1.INC,
2 -8B vs/ OF THE C T,t--
SUBDIVISION J.4..
(7) TF3ACT ON_}NHICH WELL WILL 8E
LOCATEIP (,v:n(:r IIo
`Y L., H e c t_ u 6,
Nu. UI ;1t:r( 41°
-- --- --V---- Will I h i s Llc
the only wt•II or. 111: 1, acl)
(13) f'f�01'OSE: U CASIfV(; PROGRAM
Plain Casing
•
—_r1_ --in. burn It. to
11.
- —in. Iroin 10
P(•rloraRed e;tSinq
ft. It,_0
It.
It.
in. horn —_— fl. to Il.
(9) FOR_REI'LJ CE,vMErNT WELLS9ive distance
and direction 'tum old well and plans for pluooiny
It:
"U) I. APID ON \'HICI•! GROUND 1.'V,TER \NIL' LIF U('F[):
--
No of acres:__ `'.c
:. c;, r:(.•ion: S 1.,_I/'__t_ _-'•J 1/.1 OF S ELT 7 1—l.J p ,1
., 1) .IL I11t !:p. Cif SCiiii, f IUN 3,1 the us,, Tumid •.,,3(cr'. liausrtlul(1 u;e and douse:tic wells must indicate
.. ..1,m 1U UC u:cu. -- -- type of di• Osal
--- --- ---- :'_:':------- —
! _ t .tiE;ij._t'!�1 ( ii itilrii I t----
•' tr:.C(, 1313 tri; 1.1n, .ttrlutluJ well: Ci
tt lvu 'r ,(•:)i:;1r.11tcnt ;uu1 1;'13104 Court Case fJumbOr..
J 1yr, Jr r.ghl Used Iry (In1ii.(t'.c)
•7 Ucscrtfllton U1 land On wil.Ch used
IC t.• .�I rcFt - `i�.FS i(Z1?.lCv.e:Tl0til 51.E 1 c .
+r.._ 3�,.--11 wP._ ? 5–�_ R g$ w. of 671i f.. �.
111E APPLICANT (S) STATE(S) THAT HE IINFOHM„I ION SET FORTH HEREON IS
1 RUE TO THE SEST OF HIS KNOWLE[)(;L.
. .1 11,3; f O/ ...', 't .LV i ,;.•�'--------- )- - -. _• . --- -
POP7SI.
Lt 1( 30t1.11un41 •,t ,. .. s ,,1
-
WRJ-5-Rev. 76
Application must
be complete w erg (X) A PERMIT TO USE GROUND WATER
applicab ytp bib ( A PERMIT TO CONSTRUCT A WELL WATER xL —JUKES
no n K FOR: ( A PERMIT TO INSTALL A PUMP SATE £3€ '
N K>.11b av,,er3trfkes GLA.
ortrastlres unless ( ) REPLACEMENT FOR NO
COLOR, ..O DIVISION OF WATER RESOURCE -
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 8021)3
QV
PERMIT APPLICATION FORM
R cEivEh
JUN 011987
it)aled. (X ) OTHER Expanded Use
WATER COURT CASE NO To be supplied when available
(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 Y. of the
SW % Section
12
Two. % S__, Rng. 88 Fith PM
t N , Sl t E.'N)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 30 corn
Average annual amount of ground water
to be appropriated (acre-feet):
2
Number—of acres to be irrigated: 5+—
Proposer:: total depth (feet):
140 (actual)
Aquifer ground water is to be obtained from:
Basalt
Owner's welldesignation Silt' t_^- Wel 1 No
GROUND WATER TO BE USED FOR:
( X) HOUSEHOLD USE ONLY • no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
( :{) LIVESTOCK (2) ( IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9) Fire protection
DETAIL THE USE ON BACK IN (11)
1
(4) DRILLER
Name Ctn 1 c,,,n ; a t-.1
Street Box 475
City Frisco, Colorado 80443
(state) (zoo)
663-3564
Telephone No. Lic. No
n ,114
Co=r-
IMP
a�
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
%
Receipt No /✓ F 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 IS NOT 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 DECE? ER 28,
1981. THIS APPLICATION IS USED IN
LIEU OF REQUESTING A NEW FORM FROM
THE APPLICANT.
2). APPROVED PURSUANT TO CRS 37-90-137(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'S WELL 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(a/
To, -38
28919-F
AUG 2 21985
AUG 221986
ENGINEER)
COUNTY 23
APPLICANT: SANDRA SMITH
WELL PERMIT NO. ) 9 -1=
CONDITIONS OF APPROVAL, CONTINUED:
ORDERS TO CEASE DIVERTING WATER.
3) APPROVED FOR THE LOCATION OF WELL NO. 7 IN
SOUTH SECTION LINE AND 1,590 FEET FROM THE
TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH P.M.
LOCATED AT THIS SITE, THE DECREE SHOULD BE
LOCATION OF THE WELL.
SAID DECREE, 100 FEET FROM THE
WEST SECTION LINE OF SECTION 12,
IF THE EXISTING WELL IS NOT
AMENDED TO SHOW THE CORRECT
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 TI_IE
AS THE DIVISION ENGINEER HAS RECEIVED AN AFFIDAVIT ASSERTING THAT THE
CARBONDALE LAND DEVELOPMENT CORPORATION'S LANDS LOCATED IN THE S1 OF
SEC. 14, T. 7 S., R. 88 W., 6TH P.M. HAVE BEEN DRIED UP AND WILL RE:AIN
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 TEAT
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.
35D -
SCHMUESER GORDON h. .R INC
September 5, 1990
1001 C7 Avenue, Suite 2-E
Glenwoou 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 solidsvalue 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 YER, INC.
Dean W. Gordon, P.E.
President
90083:lec
Enclosures
cc: Ms. Sandy Smith
�7/cet(c)L _!Jlee,((&f2C� (�al)0(1�n
P.O. BOX (11059 O
BASALT, COLORADO 81621
(303) 927-4182
LICENSE NO. 1095
s�lr)L1��i(;.,n1,7-1/
os-'' /o3 Rti
c i ; z3
Size
Depth
Casing I.D.
Casing O.D.
9
.� o
L, Y.L.
7
6'6.
1 2 e)
54-
:J Y2.
DATE
biN
PERMIT NO.1r1
449
LOCATION 1 0 3 RD,
Feet Pert
Estimated Capacity
Static Level
Total Drilled
t� n
7/0.1 -
lam'
/2 n
It
gpm
ft
It
Pump Set Depth 1 1 �l @ 1 gpm. For pump installation we recommend
Aqua Tec (Tom) 945-2703 or Samuelson Pump (Raun) 945-6309
A 1% handling charge per month will be added 15 days Irons first billing.
w
Raceived from:
A
JOHN C. KEPHART & CO.
J
435 NORTH AVENUR
•
LA
OATORI€S
PHON$ 242-7 I$ e
ANALYTICAL REPORT
GRAND JUNCTION, COLORADO $t501
Schmueser Gordon Meyer, Inc.; Dean Gordon
Glenwood Springs, CO
CommaNo Laboratory No. 9356 maple water
Data Raoeived 8/21/90
Sample
9/4/90
Data Reportad
9356
Cedar Ridge
Farms Well
Total Coliform Bacteria 0 colonies/1OOml
Arsenic(As)
Barium(Ba)
Cadmium(Cd)
Chromium(Cr)
Fluoride(F)
Lead(Pb)
Mercury(Hg)
Nitrate(N)
Selenium(Se)
Silver(Ag)
pH
0.000
0.00
mg/1
mg/1
0.0003 mg/1
0.002 mg/1
0.43
0.002
mg/1
mg/ 1
0.00013 mg/1
0.712 mg/1
0.000 mg/1
0.0000 mg/1
7.45
Conductivity@25 degrees C 730 umhos/cm
Sodium(Na)
C.1c1um(Ca)
Magnesium(Mg)
Potassium(K)
Chloride(C1)
Sulfate(So4)
Phenol, Alkalinity(CaCO3)
Total Alkalinity(CaCO3)
Dissolved Solids
Hardness(CaCO3)
3.
20.6 mg/1
67 mg/1
34 mg/1
3,'1 mg/1
14 mg/1
43 mg/ 1
4.
0.0 mg/1
292 mg/1
499 mg/1
318 mg/1
Lab
Colorado Dept.
of Health limits
Yor public
drinking
0 colonies/100m1
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 mg/1
125 mg/1
250 mg/1
250 mg/1
500 mg/1
200 mg/1
Director; Brian Sauer
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 963-0569
November 10, 1997
Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Sandra Smith Subdivision Exemption
Mark:
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.
Sincere!
Bil Gavette
Fire Marshal
