HomeMy WebLinkAbout2.0 BOCC Staff Report 12.15.1997•
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BOCC 12/15/97
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 the vicinity of the tract are
agricultural and residential. See vicinity map, page. `• .
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. r• .
D. Development History: The subject tract was granted a previous exemption from the
definition of subdivision, creatin� �an� 18 acre parcel and the subject 102.5 acre tract.
See Resolution 89-052, pages I_,[D_ Since then, the subject tract has received
Preliminary Plan approval for an eight (8) lot develo.pmenUiown as Cedar Ridge
Farms subdivision. See Resolution 91-062, pages ■ . It appears that the
10 acre proposed exemptionarcel, more or less coincides with Lot 6 of the
Subdivision. See map, page •/��j• .
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 to a large amount of land, which included the subject tract.
See deed, pages $7.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 conveyedjkirom the description recorded at
Book 375 Page 50. See narrative, pages .Z! . 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.
In regard to the previously approved preliminary plan for the Cedar Ridge Farms
subdivision, although no information exists that the approval has been rescinded, since
the tract is not part of a "recorded subdivision," the exemption may be allowed.
Planning staff does suggest; however, that the Board take a disposition toward the
subdivision, as it is technically in violation of regulations, whereby the preliminary
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plan has neither been extended nor revoked consistent with Section 4:34 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 decree and permits,
pages 2a .37. 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 information concerning a physical water supply has been submitted with the
application. Planning staff suggests that a four (4) hour pump -test be performed, on
at least one of the wells, to substantiate a physical water supply, prior to any final
approval.
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 d . 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.
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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:
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.
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, C . - - • is ... - - • . I. - :. - .. . . , ''th--an--
Planning Department for review.
too
•• _ .- n� submitted ctatinu the flnw will
shall be submitted to the
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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 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 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) •
VICINITY MAP
SCALE: 1 INCH = 2000 FEET
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, , '
7191 L. Cot GNa Place
set / Englewood, colorodo 80112
tris
and Madeline Larson
LIN Sl. Scale 101
: olarodo 61611
Richard llord9
]077107 Rd
Cerbandair, CO 8,61.1
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P.O.B.
CIO !O7
Vl&t T � MAP
SCALE sr •.7000'
6LM
as described.
bar and cap L.S. 15710.
nd monuments os shown.
together with the right la
, reserved by the Nailed Slates
December J0, 1941. in Book 205
14.5774.
.12 of
n erved in Document No. of L2,4013
horles P. and Ino Rent Ile.
• John and Suseonne Clark
c o Pettit and Ilorli1
101 Californio sr J5thSan Francisco, Co. 94111or
Kad C. and Aladolone Larson
. A201 N. sllll St 5udo 01
Aspen. Colorado 61641
1
A'orl C. and Madeline Larson
201 N. AIN Sl. Suite 101
Aspen. Colorado 81611
/ p0'
{. LN 7
/`aoali 1 'i o,. .r4.14 al way 0414.4.. 40. III2J
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er,/I,4 •01 400
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JIM 101 wd
fwr4.4N4 fa. !117.1
Hawk Ridge SNbdilieion
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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
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the 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
ATTEST:
?Lk of the Board
.teeJAP,
Upon motion duly made and
adopted by the following vote:
Marian I. Smith
, A.D. 1989 •
GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
Chairman
seconded the foregoing Resolution was
Arnold L. Mackley
Elmer (Buckey) Arhaney
STATE OF COLORADO )
County of Garfield
Ay e
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
19
day of , A.D.
County Clerk and ex -officio Clerk
of the Board of County Commissioners.
PARCEL A:
A parcel of land situated in the SW1 of Section 12 and the WI 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 7 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 g-
STATE. OF COLORADO )
)ss
County of Garfield )
JUL A. S 1991
f\,-• 808 fIGESEi44
At a -•.,,a,- meeting of the Board of County
Commissioners for Garfield County, Colorado, held in the Commissioners
Meeting Room, Garfield Coi:nty Courthouse,;in Glenwood Springs..',on
mn.,,.:ay , LhE 1;,L1-1 of ,T,,ly . A.D.' 19 91
there were present:
7‘,rn1r4, I. '.3rt'ey , Commissioner Chairman
F1mpr i riur_i.e'j LLbanoy , Commissioner
`1.arian T Sm;t— , Commissioner
ne-I,i npFnr,1 , County Attorney
Mi L. `s°t: A1FdQr_f— , Clerk of the Board
Chu DesChen�„� , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 91=()62
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE
CEDAR RIDGE SUBDIVISION.
WHE•.:.\S, Sandy Smith has filed an application with the Board of
County :nissioners 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
ail 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 comp2iance with
the recommendations set forth fn 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 meet -all sound
planning and engineering requ'iremcnts of the Garfield County
Subdivision Regulations.
6. That the proposed subdivision of land conforms to the Garfield
County Zoning Resolution.
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
C2dar Ridge Subdivision for the following described unincorporated area
of Garfield County be approved with the following conditions:
.:LJJ::s a+S: st;tkk. ..u.+YAfAt:`rx.adf.:.aa_1.1.14.io
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Pox 808 P!.GE SEi5
1. That 811 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
Commissioner!-.
2. That the applicant shall reserve a tract of adequate size in
a central 1'cstion tor a community dumpster. The tract shall
include a concrete pad with wood fencing or masonry walls for
screeni.ng Cumposes. 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.
3 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. Lots 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 prcposed roadway shall be constructed in accordance
wi.th 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.
r. 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 consentingto the cul-de-sac design.
10. Tho.• 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 wi`h 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.
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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 9-1,1-90 letter shall be incorporated into the Final Plat
and the pplicants covenants.
16. 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-.
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vox 808 r GES66
17. The applicants shall revegetate all cut slopes and disturbed
areas with a certified weed free/seed and monitor.
LEGAL DESCRIPTION: See attached Exhibit A.
Dated this 1th day of 1„7y , A.D. 1Q91
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman.
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Arnctd Mack1Py
Fpr fPprkay` L+-hanpy. , Aye
, Aye
, Aye
STATE OF COLORADO
SI
)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 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 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
• 13 •
A parcel of lan,1 situated in the SI >i of Section 12 and the N of Section
13, Township 7 South, Range 88 West cf the Sixth Principal Meridian,
described as follows:
Beginning at the Quarter Corner Sections 12 and 1.3 in said
Township and Range,
thence S.84"1622" E. along the Section line between said Sections
12 and 13, 2,0.00 feet to z4 point in the center of the Park Ditch;
the centerline of said ditch
thence S. 26°17'50" E. 76.58 feet;
thence S. 34°-56'50" 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;
01'3'14" E. 204.00 feet;
thence S. 05'2.'32" E. 109.10 feet;
t.he.nc0 21016-:,2." E. 65.5 feet;
S. 64012'3, E. 116.) feet;
:hence S. 521339" E. 95.16 :Sect;
t:hence S. 10'49'10" E. 116.33 feet;
t.ence S. 26°39'52" E. 157.36 teat;
then'ce S. 18°20'39" E. 70.39 feet;
L!lenca S. 27°01'44" E. 142.09 feet;
tha:Ice S. 3923'09" E. 143.24 feet;
,7)2°53'n" w. 96.14 feet to
Tounty 11o. 103;
,.7.hence along said r:.q---way line 59.21 f.,Ilet along the arc of a
curve 7:.o the rc-:ht, hEtvn..:7 a radius of 1041.57 feet the chord
5. 81°1;'25" W. 3'.2.30 feet;
W. 115.G9 feet;
1L6.32. feet along the ,.ru of a curve Lc the left, having a
raciis of 741.22 feet, the of which bears S. 78°55'16" W. 116,20
feet;
!hence 230.70 feet along the arc of a curve to the left, having a
of 423.1.3 feet, the chord of which bears S. 58'4821" W. 227.86
feet;
thence 90. '53 along the arc of a curve to the left having a radius
of 409.67 feE!L, the chord of which bears S. 36°4842" W. 90.75 feet;
tN.noeLeae371g f;aid c1,Jh0-of-way line N. 89'16'38" W. .32.34 feet;
S. t-;1L'G6'10" W. 492.34 feet to a point in the center of said
Par
• • ...:57,7,4.• . R - •
AZA
t1n^x 808 Per,ESGS
79'54'59" i05.66 feet along !..he center of said ditch;
let,ce N. 05°39'1" w. 240.30 feel',
the..-. N. 73°01'11" W. 109.45 feet,
thence N. 54°06' w. 675.91 feet;
thence N. 10°48'0S" 313.56 fret;
thence N. 12°35'49' 1436.12 feet;
thence N. 18'16'24" W. 529.17 feet;
thence N. 00°19'40" F. 456,51 feet;
thence N. 38°12'04' W. 174.20 feet;
thence N. 10°24'04" W. 591.49 feet;
thence S. 77029'14" E. 737.75 feet;
theme 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 5.. 11_ 76.44 feet;
thence N. ,7'52 57" 1E. 762._34 feet more or less to the Quarter Corner
common to Sections 12 and 13 in said Township and Range, the point of
he,:;i.:nirg. Except that portion of said parcel iying in Lot 7 of
S"ct.iu:1 13, said Township and Range.
of land situated in Lot 8 of Section 12, Township 7 South,
Rance 88 West cf the Sixth Principal Meridian, described as follows;
ac;_.:..__. g the Quarter Corner between Sections 12 and 13 in said
a:.d Rang;
�.. S. S7'59'57' W. 762.34 feet along a fence;
0.. 42 5.. E. 76.44 feet;
45 0_ 0 W. 273.91 feet;
N. 03'51'-J9" 11. 233.82 feet;
..,.once N. 01'18'11" W. 122.39 feet;
trier:._ N. 27'08'04" 5. 412.25 feet;
thence S. 77°29'14" E. 1166.80 feet to a point on the North-South
Centerline said Section'12 '
thence S. 01°27'21" E. along the North-South Centerline or said Section
12, 713.02 feet to the point of beginning.
State of ..o...: c
001684
$ 7729'1
ets
121
and Madeline Larson
AIN SL Suite 101
:olorodo 616/1
LOT 7
17.6 Acs.*
7194 L. Castillo P70 2
Englerood, co/oro•
Lot
t
1
.f
or described.
Dor and cop L.S. 15710.
-nd monuments os shown.
ogelher with the right 10
. reserved by the United Slates
December JO, 1941, In Book 205
140534.
n-porlicipaling royalty of I/32 of
hreserved IR orles P. and and cument No. 21401!
and ReRennie.
1-:7rer
u•
:12.71g;
- r.U'
'..=_—_ itis
—1124:
,Vii.,'
I--7111,.
•---'111.01'
B
--13112`'
=_I11.9'
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.7=-731,1M
If
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ioJ
—Ll.sr
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r C7
4 R;chn.4 lhw'S
3037 /0J R
C..bond.lCO e1623
..
Ce
,e .,c•r•• r,d us1Wa s7 'wawa
LOT 6
9.3 Acs.*
Karl 0. and Madelina Larson
2. Avon, CoAt lllorodo 5 101
61611
uS
a t LOT 5
7.3 Au.*
{
7.
T
s6' 7 w
341.11.
M �r1
,.1rnw
f••li• 11 / l 1 x N w
P.O.B.
S 61.1672' E
J,.Jr 210.00
• .6, \\ LOT 1
N.ti\\\4 6.0 Acs.*
\I. 11
i fl'11',Y,- In
d ue.,,.
LOT 8
46.1 Acs.*
714LOT 2
,"".^4
SCALE: r • 3000'
6LM
ti ..
e zt
1,
•
1V
Karl C. and Aladdin* Larson
201 14. Afill 5t. Aspen, CoSuite 01
Colorado 61611
f
9 f t1.5:0":
cel
LOT 3
ae 4.6 Acs.*
‘ CIS
1
Lit
cu 7.020
C,1
• on ond Bodin
Pettit 5lock
101 California St JSN floor
San Francisco, Co. 94111
LOT 4
cel 7.0 Ape.*
�t.
CIO
P N'
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CJ ®i° La
•
,Amite •.d J••w.Y ox.,•+
CI �a
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•LI
C4
• x 1,41'10' t
les.li' .
i
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f'99.13.Ir 1:41 ; 11.4
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Rork Ridge Suedn;s;on
N 1•I
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e
xtrAw.11..µ. /�.i'...•..e.
`i, o•«,elA
f n•n•Nr, c n. 4'L.
Zio Oeeby Made this 15th day of February >n the yell,' o! ear Lord
ono thousand nine hundred and sixty—six between CHARLES Pa RENPTLE 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 secant parts
Witnesseth, That the said part ies of the fist part, for and la coaeideratlon of the nam of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS =KM
to the said part ies of the first part in band paid by the said parties of the second part, the receipt whereof fa
hereby confessed and acknowledged have granted, bargained, sold and conveyed, and by these pyresenta do
grant bargain, sell, convey and confirm unto the Bald parties of the second part, not Itt tenancy is common but fe
saint tenancy, fhe survivor of them, their aealgna and the heirs and nsafgns of each survivor forever, all the following
described lot 8 or parcel g of land, situate, lying and being In the County of Garfield and State
of Colorado, to -wit:
See description attached.
00(1 MIR.tH(
� I
4
irinfAl
t swxn �trryc
,ynrtu am
Together with all and aingular the hereditaments and appurtenances thereto belonging or in anywise apper-
taining, 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 port ies of the first part, either in law or
equity, of, In and to the above bargained premises, with the hereditaments and appurtenances.
To Rave and to 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 lbe beirs and assigns of ouch survivor forever.
And the said part ieS of the first part, for there oelVeS , t qiii a, 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,t hp y a r
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and have 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 bilrgained 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 part 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 set their hand 5
and scab the day and year first above written
Signed, Sealed and Delivered in the Presence of ?/2;es
j.,.y t,s. `L- :r:.C., - lar 1. (�qg
STATE OF COLORADO,
tonnes ...... The The foregoing instrument was
acknowledged before me thin 21st day oL..._... March. ,
•by..Ct7l,7 r.l..e.s....P.....lifalf tic....arxd._.Ima._Renft le..,....als.a....knawn ..
Witness my hand and .official seal
My commission expires July 27, 1969Nota
Public
'Unction In omelet or reprarantatio• mvert au
paeny, inres and Ne mem or capacity and for bo, scene.
Span -p -y., .led .,,.•' WARRANTY DF.SD TO JOINT IENANTS—Out Woo Printlna and Stationary Co.. Womb Syringe. Oobrn&,
•
`mac:lt q:,.d-t7 ✓.r.
Book 375
Page 51
SE'kSE.. Section 11 except beginning at the Northwest corner of said
SEkSEk thence South along the West line of said SEkSE' 388 feet, thence
Northeasterly 166 feet to a point 292' :feet south of the north line of
said SE'SEk, thence North 292 feet to the north line of said SEkSEk,
thence West 127 feet. Lots 6, 7, 8 and 10, NE'kSW'k Section 12; Lots 1, 2, 3
4, 8, 9, 10, 13, 15 and 16 of Section 13; E&NE'k 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. O1°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°2.7'54" 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 NE4SE4, Section 11, Township 7 South,
Range 88 West of the Sixth P.M., described by metes and hounds as
follows:
Commencing at a point on the SE corner of said NE';SE. 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
i 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 grazing rights and privileges
which arc adjacent to and used in connection with said real property.
r.�
...
Book 375
Page 52
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 describedreal property.
First parties also except from the above described property that part
of the SE'UPjE' Section 14, T. 7 S., R. 88 W. of the 6th P.M. conveyed
to Joe Pitta 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.
224939 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. 232713 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
• •
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-WTR DIV 5
TEL:303-945-5665 Dec 10 97 16:17 No.005 P.01
• •
(IVISIQN OF WATER RtSOURCrS
WATER DIVISION t=rvi
orrice or the state Engineer
Ocom ment of Natural Res uc ,
50633 U.S. Hwy G & 14
P.O. liox )96
(:Icns ood Springs, C(313160.1
Prone 13031 945-SG6S
FAX 1303194S•8/4
DATE:
STATE OF COLORADO
FAX TRANSMISSION COVER SHEET
TRANSMIT 7O FAX NUMBER:
IMMEDIATE DELIVERY TO: 4E ' • ` C ---
FROM: 12C. wA _
NO. OF PAGES (INCLUDING COVER SHEET):
INSTRUCTIONS/COMMENTS: .
e 0 F /a( t -
Roy korner
Co mw
I4ng1 5. tax hLra t
sec utt4v Doer in,
11x( 1) 50"pxO„
St -IC CoC,nee,
Odyn 1 Ueii
/'r
•
t
/ ' 7 0 3 6 /'� mss /4.0
If you have problems receiving document(s), please call 945-5665.
DIVISION 5 WATER RESOURCES
OUR FAX NOS: (303) 866-54115 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 le day of V-P\C) , 19 Rq
By:
Prepared by: SL
cc: Division 5
Applicant
03891/Form #0580(K)
J is A Danielson
Sta • gineer
Steve Lautenschlager
Water Resource Engineer
Ground Water Section
1'
rev,
Applic::tion must lIl
I,r7 L(,rnplcte where
':pl,e;,ble. Type or
int in BLACK
Jt;NunvcrralIk s
or erasures unless
initialed:
t,
COI.( n(l OIVt` loN or, Wn-I t;r,U
S
U r�l al !il(Jg1311_19.,1:; 1;3 ;;jrernr;nt St., Ueut•rr, (� ��
til
d(� f:41L'u:J
PE HMI T AP('LIC/;11()N I O)ifv1
I APE 11 Ml 1 10 U` i. (,liOtIIJ(J i, 11
to
(1) APPLICANT • mailing address
NAME —\
STREET 1 ,U
�— Y
c, rY SP Ed -3 G o b I t
Sas - 0
FOR:
Mc C L UN
A PERMIT TO CONS
l IIUCT A v,'El.l
ALL .. WOE'
A PERMIT 10 MST
o
lir, r !-;.t.,
y RECEIVED
MAY 2 1 1979
BhIf2 fl )urtcE.g
1MF Et)GI:lLLg
REPLACEMENT FOR NO.
O T H E_--
t1'nl t-fi COUiiT CASE NO. . .. .--
OR 01 { I(:I (! ;i )IJ I. I' O(.r hiO-1 YvRITE IN
i+t•cewl No ../ (/'.
t!` -�
1Et EPHONE NO.
(2) LOCATION OF PROPOSED WELL
County
S �
A R. = j L t�
o1 the S lei
R ng. 53 8
'h. Section ) 7
W 'I_ P.M
WATER USE AND WELL DATA
,:osed rnanirnurn pumping rate (gym/
Average annual amount of around water
10 be appropriated (acre.leet):-
fa„mt:er of acres to be irrigated:
1• upased total depth (feet):
IS
2
OrJ�/
(O 1---c
(
AQuiler yround Water is to be obtained from:
_:•vner•s well designation
;(40UND ;^,'ATER TO BE USED FOR:
HOUSEHOLD USE ONLY
I DOMESTIC (1)
:,•;.1 LIVESTOCK (2)
COr,1mE FICIAL (4)
no irrigation (0)
) INDUSTRIAL (Si
IRRIGA TI(1N ((;)
MUNICIPAL. (l3)
0111E9 (9) FIZE FR-07C--C-T101,-1
DE1AIL THE USE ON LACK IN (11)
;) UR(LLER
L_ to a).
- — - --
o..__
_ -- Lac. No
gffi
i;;!! n
. ...__.. D,s;.
TIUS COLUMN
CONDI T)ONSOF A,P?ROV AL
llir; ;:(rIl stall );e• used in such a way as to cause
no rnnturi l 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 girt:Ou(le another owner 01 a vested water
riynt 1!011) seeking relief in a civil court action.
APPROVED,PURSUANT TO CRS 1973, 37-92-602
(3) (L) (I I) AS THE ONLY WELL ON t TRACT
OF 35 ACRES OR 11ORE DESIGNATED A.S
446
!sCtiESc
I1 J � Lr % � GcJ "'4 c
APPROVED FOR DOMESTIC USE, INCLUDING Tt-fl
IRRIGATION OF NOT OVER ONE ACRE OF HOME
CAI,DM S AnD LAWNS.
APPROVED PURSUANT TO CRS 1973, 37-92-602
FOR THE WATERING OF LIIVESTCCr; ON Z FAR
OR RANCH
c0 4-2
. r
It t'ti�
-
i
APPLICATION A)'PF-3OVED r
('EHivll l NUG1EiEfi I . °,('0 1 C)
DA1E ISSUED _._..-_ `' Y U (9! C
�C.r.! /1-7-1G
Ei.!'lPA[)(JN I,nFE �J.I_L1Y Or 1JU1
'----/ THE
1..^--11k-.)PL/:/ �
' _����'__.""/x"//o.�.w/
"`-.ter ~°"�0��
o' /uon /h�u'
�"^m below
"u/ /e.^:
u%L.' Ole CENT �[
- ^ ./ ^'^^'..--`~" �^"`�/ 'w ^'" ~'» /u^^/.u,\
-_ _ --I- -- .-
-_ -4' -_ -I-
1
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1.4 ./w.Lc. 5m _-_-
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)..
-J
u
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°
)(.
SECTION LINE
L_
11
»
-
-7'
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T».: scale o| `"c diay,^nn IL iocho ~ 1 n"/'
EJx `mmua",:nxs,n^ ^Oxo��
,`�
n ,u."��wr `�u�
,o,
~ `^ '""^ 1 loot (leen
1 `/"v� /u". *,..`,u�o Ids). w» pw"` n� minute /m""'
`A . .� ~_ . ref ..", **'".~=`ci, ` "",^"°' 01 ~^.�.
�.,.,". m�ouc*^' /"'` z�s yoo9*'w°` '~ ,""'�
`000"~"","~"o co".=~""`+ lor one u"' ~"^""" 4 42 ^",.m.
11/4./ //c wL /
/
..."~=,
Sou Tit
^�/'u/^__
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EST
��YJ i( ��x/ �� ^: "' c�---^~`'
'� 'Y-'aF u�� �� T4
|�T '
LOT. n/oc� F// /w - �
88 v/ ' - '-- �
or 'ro� �� T+f -----
UoDm|S0w
(7)T{3---------
V1LL BE
"u. of ^or �"
_.mmm,`LW,
o`e(Wily WO) m.o"` ^»o)
(U) PROGRAMPROPOSED CASING
Plain Casing
c/
�It. to
/`
________ in. from /' ,o /,
p,r/o'o'cucu. ---------
-'../e5 _ '«. from h to '7 0 /t
<8) F
--- distance
and direction ^"nn
~° well and plans /p,n|u9oing
.c
: .;(;> LAyJD Of\lyYH|CH GR.QUN0VV| L CE U��[)------- ------
�..",,W� oE / . �kc-c�----'-----=~- '--
vh
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WR:-5•Rev.76
COLOROO DIVISION OF WATER RESOURCE•
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
Application must USO
be complete w erg
applicab c'r br
r i tt ht B'L;d G°i<
Co\tl6, a vek3ari'kes
ar tras6res unless
itialed.
PERMIT APPLICATION FORM
( A A PERMIT TO USE GROUND WATER
) A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
(
FOR:
( ) REPLACEMENT FOR NO
) OTHER Expanded Use
WATER COURT CASE NO To be supplied when available
RE IVto
'JUN 0 1 1981
WATER di $JR.c€3
&A'E €144161g
Alta
(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 /G Section 12
Two. 7 5, Rng. 88 W
(uts) t=_.w)
6-hh PM.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 30 qpm
Average annual amount of ground water
to be appropriated (acre-feet):
2
Number of 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 oriel 1 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 F.ac10
Street Box 475
11;= Corp
City Frisco, Colorado 80443
(State) (Zip)
668-3564
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /-6 F E/ /
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-
PLICANTtSORIGINAL WELL NO. 1),, AS
APPLIED FOR ON THIS APPLICATION,
WHICH. REQUEST WAS CANCELLED BY THE
APPLICANTts LETTER OF DECEMBER 28,
1981. THIS APPLICATION IS USED IN
LIEU OF REQUESTING A NEW FORM FROM
THE APPLICANT.
2). APPROVED PURSUANT TO CRS 37-90-137(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
28918-F
AUG 221985
EXPIRATION DATE
AUG 221986
BYcaf ENGINEER)
TD 6_ 3(!? COUNTY 2�
•
APPLICANT: SANDRA SMITH
WELL PERMIT NO. �c J ( - J=
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 TIME
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 REMAIN
DRIED UP, TO CREATE 0.9 ACRE-FEET OF AUG`ENTATION 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 MEASURiING 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.
,FID &/ri/F, -
411 •
0
• •
Carbondale 8c 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
Bil Gavette
Fire Marshal