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HomeMy WebLinkAbout4.0 Memo to BOCC 02.25.1998MEMORANDUM TO: Board of County Commissioners FROM: Planning Department'/ SUBJECT: Cedar Ridge Farms Subdivision/Sandra Smith Subdivision Exemption DATE: 25 February, 1998 On February 17, 1998, the Board of County Commissioners denied a request to extend the preliminary plan approval for the Cedar Ridge Farms Subdivision. This decision was rendered exclusive of a decision on the subdivision exemption application filed by Ms. Smith. If the applicant intends to pursue the (Cedar Ridge Farms) subdivision, then staff would suggest the exemption application be withdrawn. However, if the applicant intends to pursue the exemption, then the Board should, at this time, reopen the public meeting and if all questions are answered, render a decision. No word from the applicant on her disposition has been received by the Planning Department, to date. The original staff report is attached for review. The Board will recall the above -referenced subdivision preliminary plan extension was ultimately denied, with a concession by the Board to reimburse the applicant for costs incurred for public notification. The Planning Department is in receipt of these costs, amounting to $95.82. The applicant's attorney was advised, in writing, that Garfield County does not have a base fee for this type of application, thus, the applicant would be charged for review, at an hourly rate. The Planning Department has expended $209.25 in reviewing this application, which will increase with the billing of the County Attorney time. Staff advises the Board that these costs will likely be disputed by the applicant's attorney and it seems cost-effective to ascertain the Board's disposition toward billing the applicant, at this time. The logic that the Board considered in making its public notification cost reimbursement decision is applicable to this situation. That is, that if the applicant had been advised of the staff opinion of denial, the matter would not have been pursued and the applicant would not have incurred additional costs. Instead of taking additional time to formally bill the applicant and having this billing disputed, staff is inquiring of the Board, for its disposition in the matter. • • 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. H. 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. • • Adjacent Land Uses: Land uses adjacent to and in the vicinity of the tract are agricultural and residential. See vicinity map, page. 40 . 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 arcel 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, creatin an 18 acre parcel and the subject 102.5 acre tract. See Resolution 89-052, pagesj•%0 Since then, the subject tract has received Preliminary Plan approval for an eight (8) lot develo ment own as Cedar Ridge Farms subdivision. See Resolution 91-062, pages . It appears that the 10 acre proposed exemption parcel, more or less coincides with Lot 6 of the Subdivision. See map, page • // 1j • . 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 1 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 o t from the description recorded at Book 375 Page 50. See narrative, pages uZ j . 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 plan has neither been extended nor revoked consistent with Section 4:34 of the Subdivision Regulations. 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 aa.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 . 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. 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: 2. 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. 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, one (1) well shall be pump -tested for four (4) hours duration, with an opinion of the person conducting the pump test being submitted, stating the flow will be sufficient for the intended use(s). All information shall be submitted to the Planning Department for review. • 1 • 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." • • A._ (SEC. 13) 1 47/;*:•,. • • 771 , —7* ring 6600 / 4 7066 SMITH E MPI 18 A14 _ /_ -----....,• •• . \ -2..\ \ :-....-,. ;‘. ' i e—... —''' 1 11 m• c?' . . • 49 Il• • 17-7' Jr, -- 41.6875 , VICINITY MAP SCALE: 1 INCH = 2000 FEL.1 r"-A,Arr.S. ..p• r +7 ; • � • u�hw Nw9w 1 01 unr..npgoS .nP.+ ;poop • full ..I N COI O f w IM M OWI a'•'~1 •1 MI 11 r' •7'•t • ar, s[ e. 09/ t'1 ' ©7o/ 119/7 o0epo/o0 'olds✓ 101 11,05 IS 1011'N l0Z uospe7 supplely Puo '0 Ipe,Y 11911 000,11.0 •,.deY • 101 oP0S 'IS ,'t N tot veep"? .upPot Puo 0 P0A III 16 '09 '02117,uepf UPS poe(f N99 15 0rueoNo0 100 .11 '.11 Puo 1!11,0 uV0f 710/) ouuO.Ins P • •I11/u,N •U1 Pu. •d "I'° 80911 '0N I0.0"o00 w p.,urtu jo T/I /0 /paw 6mlod,n coo -u. SOZ 11008 u+ 115, 'Ot ee0.0".O tools Papua ol/ 1g P0^+Issl • 01 PAP s4! Vt. n11s601 11.01/1 SO t)UIWOUOW Pu vacs 's'7 duo Puo peg porvosep so • 00I i•tu.l I'1 MIs? .0009•+71109 1'Z910 00 •.11P...1.3 ON (01 1 09 $1.101-P-,•w.W 11919 101 I1.1e5 15 e'n u"v"7 syl?POlf Puo I11 t1107 opele/o." p60) s0fd 0119 9611 / P1 1 PIO STATE OF COLORADO )ss County of Garfield ) At a Commissioners Meeting Room the 15th regular meeting of the Board of County for Garfield County, Colorado, held at the Commissioners' at the Garfield County Courthouse in Glenwood Springs on day of May A.D. 1989 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 8q-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 nk of the Board �ma Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L_ Mack1ey Elmer (Buckey) Artaney 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 of the Board of County Commissioners. County Clerk and ex -officio Clerk flo • PARCEL A: A parcel of land situated in the SW% of Section 12 and the 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 5. 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. 90.75 feet; thence leaving said right-of-way line N. 89°16'38" W. 32.34 feet; thence S. 01°06'40" W. 49.2.34 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 Z 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 { c ) 7 ' :1. S 1991 F ; 112.3•1`..30 t•�f.Lr 1/ •13 . Y t STATE. OF COLORADO j )ss County of Garfield } sn r 808 PEGE86,t' At a ,, meeting of -the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springscn Mnnn y , LhE i;;,, of 7••1y . A.D.19 )i there were present: r, -.,ria I. •4,rt'0» , Commissioner Chairman F1 mp• ' r it i,;, ,: „ :,a^2,.• , Commissioner Mn --,-i, T cm: , Commissioner �,\ nnn np' ._a , County Attorney t,,,, ;:,1 dQr f , Clerk of the Board %i,;. _, C.oS`h pOp„_ , County Administrator when the following proceedings, among others were had and done, tc-wit: RESOLUTION NC. 91Z062 A RESOLUTION CDNCESNEL WITH THE APPROVAL OF A RPELIMINARY PLAN FOR THE CS:AR RIDGE SUBDIVISION. WHE'. \S, Sandy Smith has filed an application with the Board of Ccunty: _nissioners of the Garfield Ccunty Planning Department, this Board finds as follows: That proper publication, public notice and posting were ?rovided as required by law for the. hearings befcre the P'lann'ing Commission and Board of County Commissioners. Thar the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all oertlnent 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 comp'iance 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 ofColorado and Garfield County have beer. submitted, reviewec. and found to meet'all sound planning and engineering requ:.rements of the Garfield Ccunty Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7 That for the above -stated and otherreasons, 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: . It .v `LJi• ---- s3sai...r.+Jt.a..w.�.a[.:w -._ «n..w .a..� _-_ ........ • uuK OB P.Q.F.S6;? 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 1;cation for a community dumpster. The tract shall include e. concrete pad with wood fencing or masonry walls for screening Eurposes. 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 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 shallbe included on the Final Plat: 1. Soils test and engineered foundations shall be required c. Les 1-3 and may be recuired on all other lots. 2. engineerer wastewater systems may be required. Wildfire prevention guidelines of 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 with Sections 9.34 and 9.35 df the Subdivision Regulations. In addition, any subsequent standards and specifications for road design. that are adopted prior to the submittal of the Final Plat may be applicable. That the applicants shall provide written endcrsement from the Colorado Division of nater 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 undel'ground. 11. 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. That, the applicant shall make provision for repayment of pavement costs to the Hawkridge developers as identified in their Subdivision Improvements -Plan. i•, 14. That the applicants shall modify Article 3 of t1.a proposed "Protective Covenants" to bring them into compatibility. with: minimum zoning regulations. 15. All recommendations of the Division of Water Resources in their 9-_1-90 letter shall be incorporated into the Final Plat and the applicants 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 kawkridge-. /A 411. .4a1.4.Yr • ''' ' 3 tctpr: + 4 • • ',Vt.. r• • ••-..1. • ""... • • .27'4 ,4-14•17.. 4. • 4.4 r!rnx 508 MES66 .:: 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 ATTEST: 1 c•h day of y A.D. 10,41 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ).-7'! C — Clerk of the Board Chairman. 4. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ,.,. 4—nrLd melav , Aye , Aye' T , Aye.. STATE OF COLORADO )ss County or Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that i the annexed and foregoing Resolu:ion is truly copied from the Records of the Proceedings of the Board of County Commissioners for said ;Garfield County, now in my off.Lce A IN wITNESS wHERECF, 1 have hereuntoset my hand and affixed the s. of said County, at. Glenwood Springs,this day of , A.D. 19 . . • Count,/ Clerk and ex -officio Clerk of the . Board of County Conunissioners 3 - t. 1734,1„. 1.4" •,44 " tOt, 1/4149' C1 ;I% ''.442Q:eriV*c• . •••=.- A parcel of lanJ situated in the SW>i of .Setion 12 and the '1 of Section 13, Township 7 South, Ralu3e 88 West ct the Sixth Principal Meridian, described an follows: 0e- at the Quarter Corner corunan to SctLanS 12 and 13 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 a point in the center of the Park Ditch; thence alora the centerline of said ditch S.16°07'31". E. 40.35 feet; thence S. 26'17'50" E. 76.50 feet; thence S. 34°5E'50" W. 179.02 feet; thence S. 21°25'52" W. 97.27 feet; thence S. 09°41'43" E. 57.79 feet; thence S. 14°0735" E. 322.35 feet; thence S. 12°03'17" E. 139.33 feet; thence E. 73°51'25" W. 138.91 feet; L:,2ncz C. :31'3Y14" E. 24.30 feet; thence S. 05"7..'33" E. i':“.1.40 feet; 21°16'32" E. feet; feet: thence S. 5.2-13'3:3" E. 95.16 feet; thence S. 10'49'10" E. 116.53 feet; ,...hence S. 26°39-52" E. 157.36 teet; thence S. 18°2039" E. 70.39 feet; i.ni‘:nce S. 27°01'44" E. 142.09 feet; teni:e S. 3923'09" E. 143.24 feer; S. ,]2°53'n" w. c.;6.14 fE2t!C T"ounty the:.10.:! -Ionci said rj..(jht-f-way line. 59.21 fet aLong the arc r:Irve the ricIht, hitvn..7 a racUits 1.S437 feet the chord o which '25" W. :3:?.3o 4:'::Y00" W. L17 -....C2 feet ion 5e c a c..:rva tc the left, having L-arj.i., of 712.2: feet, of which bears S. 78°55'16" W. 116,20 :2et; -..nerloe 230.70 feet ai..ong the arc of a curve 2c the left, having a 423.1.3 feet, the cod of which bears S. 5648'21" W. 227.86 thence 90. 3 :1,i.et along the arc of a curve t.) the left having a radius 406.7 feet, the chord of which be:; S. 30°48'12" W. 90.75 feet; .fl:eay.1;1s. d ri-.1ht-of-wd.,, iLne N. 39'16'38" W. 32.34 feet; 492.34 feet to a point in the center of said • ly •-*?..,tle r-'" ' 411A " 4-'• ... ' ' • VO i... ' s' • • ,,,,,,,, ....,,,- , ;•.t. ?' vt ... •.,,,j, -,..„." 0:4 ,,.. Vatt. . . „. . :,.,..... r . 1{....1 z-W,k4itY.•-rA•irchT741,-- ...-;„5".,;;;;.%;,;,_, Brx 808 rLGES6S 79°54'59" W. 105.66 feet along !:he center of said ditch; thens.:e N. 06°36'19" W.' 240.30 feet; thenoe N. 1301'11" W. 409.45 feer; thence N. 54°05'2'.." W. 675.91 feet; thence N. 10°4:3.0e" 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°1940" E. 456,51 feet; thence N. 8801234" W. 174.20 feet; thence N. 10'2404" W. 5)1.49 feet; thence S. 7702914" E. 737.75 feet; thence S. 27°0804" E. 412.25 feet; the S. 011901 E. 122.39 feet; thence S. 33°5139" E. 233.82 feet; thence S. 45°0109" E. 273,91 feet; thence S. 03°42'59" W. 76.44 feet; therIcct N. 5753'57" 5. 762..34 feet more or Less to the Quarter common :a Sec:ion:5 12 e%nd 13 in said Township and Range, the point Except that portion of said parel'iying in Lot 7 of S'c..,n 13. sai.i Township and Range. Corner of , .v.0.....1 .,...,:-.- '4047 - .12ot 7,4t, AS -104.4, -It-Irw, 0......'-e5i....4......... • .4.,A4vz for de! 44'14, . ., '-. 114147‘t-.c....zi,, 7-1.t••• 4-4.144P:i.s?`,4:"6,474Cf ' -.A•iikez,-.4,..i.i.,.._ ....a.f.1,1A. - :4,6 op ,,r .v__-_,L.,.42,,,,,s44,7,.. --x..-c..„i••-,-ais;.,..ivf.''';,..t ,-.0..„, --o. • ...--amie....or.,,...ix7 . ,,....., .. •*4 -4alkr4.Y...' "1" 4744W4'71it•Isa . , 11,44er..rie , Y• :,,Arrr, k Oti.c. .... -1,2;-4,A.-. ,.,.... ...f.,,- ••,... tn. __ A cf LanC situated in Lot 8 of Section 12, Township 7 South, 35 Wes: cf tne Sixth Principal Meridian, described as follows; Quarter Corner between Sections 12 and 13 in said Range: znenoe S. 57'53'57" W. 762.34 feet along N. 0.',"•;2'53" E. 75.44 feet; : ▪ nence N. 453115" W. 273.91 feet: thes.,:e '1)3'51.'39" W. 232.32 feet: znence 01'1'3—:1" W. 122.29 feet; t.nence N. :7'08'04" W. 412.25 feet; thence S. 7.029'14" E. 1166.90 feet to a point on the North-South Center1ine of said Section"12: thence S. 0127'21" E. along the or:h-SJ Centerline of said Section 1:, 713.0: :o the point of beginning. a fence; 001684 Page 3 eN 7 S 7719'1 •e 7J>)*e LOT 7 17.6 Acs.t (2I and dndelne Larson 469 51. Stole 101 :olorado 81611 Of desrnbed. bar and cap 1.5. 15710. nd monuments as shown. together ., h the right to . reserved by the United 5lalel December J0, 1941. in Book 205 • n—pored pin 1 /J2 ol Document No. 21101) 'rioihs eP. and /ma Rsnrl/e. 4 E. Castillo Place Englewoodlorodu 60112 cn 1.4 e J' ryly.rl' (• C7 .013, 128 Ar Ayr.* W uny 4. Itl LOT 6 9.5 A04.k Abd C. and !Wean* Larson 201 rl. Mal 51. . AsStale pen. Colorado 61 01 611 ti Mchs4lk v'1 40.77 /01 Rd6162! Crew/., CO ti �Or .,o gs. • hti v u1 : S 67'S6'SY W Jr LOT M I,/1 C.n•17 JHI+n 1J I J i e e4 e P.O.B. S 8I'16'22' E 210.00 SCALE r, .1000' BLM LOT 8 46.1 Ace.k 1 1, LOT 3 1` cl' 4.6 801.± 613 N D • John end Suseanne Clark �O 4 cr'o Pel51 and reran 101 Cali'arn;oS51/1 91111 or Son F,onctsco, Co. 4 �� C11 ta�l C11 LOT 4 7.3 Acs.k 414 r0 9. 0 Cr1 7.0 Ac1.± • • CIO A'orl C. and l/adeline Larson 201 N. 144! St. Sole 101 Aspen, Colorado 31611 4' 171 IOD, IJ. ;6 LI LQ s76 CJ d e • C1/Couht(. .r t. 14.ee•. Peal 0.4 11.1 J110 101 04 CMr.e/4 CO. vlIn IN e r.1111. c.... C4 t.l 7 7 41.7.2 PA. r..e.•7J. ru. 111:, 11 110.4 ..8.'098 Subdhision yrr of the County of Garfield and State of Colorado, of the first put,ami NORMAN E. SHERWOOD, JR, and MARY N. SHERWOOD of the County of Garfield and State of Colorado, of the mad girt; Witaeeseth. That the said part ies of the first part, for and In eueddetattoa otthe mm at TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS------ to the. said part ies of the 1trat part In band paid by the said partlea of the aacond part, the receipt whereof lo hereby confessed and aelmowledged, have granted, bargained, sold and con,efed, and by these presents do 8rant, bargain, sell, convey and confirm sato the said parties of the second part, not to tenancy in common but in Joint teaaacy, the survivor of them. their aeelgn, and the helm and assign of such earviverforever, all the following described lot s or panel 9 of land, situate, lying and being in the County of Garfield • and State of Colorado, to -wit; See description attached._ Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise upper - taming. 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 amid part ieS of the first part, either in taw or equity. of. in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described. with the appurtenances, unto the said parties of the second part, the aarrlroe at them, their assigns and the heirs and assigns of such survivor forever. And the said part ieS of the first part, for them se1VeS thra}i s executors, and adadnistrstors, 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 enscaling and delivery of these ts, [ e v g well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inberf*+race„ r 1n law, 1n fee simple, and ha ve good right, fall power and lawful authority to giant, bargain, sell and convey the same in mime[ and form aforesaid. and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever Wed or nature waver, exCep t. 'reser vations in United States patents ; and the above hgrtmtaed 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 sold 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 S and sent the day and year first above written. Signed, Sealed and Delivered in the Presence of //>/> ll ip i r STATE OF COLORADO, . County ot__......_....._...��188'' 21st The foregoing Instrument was acknowledged before mo thta.._........._. __day oC..,.._Ma.rctL__,.___.. 19..tIit.. •by.. Ch?>;.]..e.s....E.._Ri; flf k].C_..ari.d.sura_Refl£kle.�..alslx...kaa�,sl... Witmer my hand and .official seal My commis don expires.._.___JuIy_27 ............ •1t retia[ 1n attend or remnants/Ire e.psdtr. front soma road also ogee ae NotarydlicePublic _ - Omit, !hr whom retlar. . 7 '.'. ..S r y,gege,.', :SELSEk..Secticin 11 except beginning- at the northwest corner of said SE'SE'Y thence South along the West line of said SEkSEJ 388 feet, thence Northeasterly 166 feet to a paint 292';feet south of the north line of said SEkSEk, thence North 292 feet to the north line of said SEESE'k, thence West 127 feet. Lots 6, 7, 8 and I0, NEkSWW Section 12; Lots 1, 2, 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. 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" U. 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 5. 83°25' W. 271.00 feet along the.center line of said road; thence S. 74°25'31" W. 165.92 feet along the center line of said road; thence S. 43°11'10" W. 197.29 feet along the center Line of said road to a point on the South- erly line of said Lot. 14; thence N. 89°16'38" W. 38.79 feet along the Southerly line of said Lot 14 to the Southwest corner of said Lot 14; thence N. 00°27'54" W. 890.33 feet along the Westerly line of'said Lot 14 to the Northwest corner of said Lot 14, the point of beginning, containing 19.10 acres, more or less. A tract of land situate in the NEkSE4, Section 11, Township 7 South, Range 88 West of the Sixth P.M., described by metes and bounds as follows: Commencing at a point on the SE corner of said NE4SE-'„ subdivision; thence North along the East line of said subdivision 608 feet to a point; thence Southwesterly along the South bank of Cattle Creek 983 feet to a point on the South bank of said creek; thence 60 feet North and across said Cattle Creek; thence Westerly 40 feet; thence South 60 feet to the South bank of Cattle Creek to a point; thence South- westerly a distance of 220 feet to a point on the South boundary Line of said subdivision 127 feet East from the SW Corner of said subdivi- sion; thence East 1193 feet along the South line of said subdivision to the point of beginning, containing 11.2 acres, more or less. Together with any and all water and water rights and ditches and ditch rights belonging to or used in connection with said real property, and particularly, but not limited to a pro rata interest in the, Needham Ditch and 2.2 second feet of water allowed to flow therein under Priority No. 163; and 15 shares of stock of the Park Ditch and Reservoir Company. Also conveying all Bureau of Land Management grazing rights and privileges which arc adjacent to and used in connection with said real property. 3, First parties except and reserve a perpetual non -participating royalty.. of 1/32 of all oil, gas and other minerals which is or may be in, upon, or. that may be produced from -the above.described.real property. First parties also except from the above described property that part of the SEkPjE! 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, mare or less; the 5 acre tract hereto- fore deeded to second parties by Warranty Deed recorded as Doc. No. 224939 in Hook 357 at Page 87 of the Garfield County, Colorado, records;',. and the 16.287 acres heretofore deeded to George S. 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 QuitClaimDeed 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 existed as de- scribed on January 1, 1973, this requirement was determined to be met as part of the 1989 exemption process. However, you asked me to review this, and I have done so. From my research, it appears that Norman and Mary Sherwood owned several large tracts of land, which included the 102 acre parcel. Prior to January 1, 1973, the Mr. Mark Bean January 8, 1997 Page 2 other portions of their property were conveyed out, leaving the 102 acre parcel. That parcel was conveyed by the Sherwoods to Thomas and Janice Turner in 1976. The Turners then sold it to Ms. Seymour -Cooper in 1978, who sold it to Joe and Judith McClung in 1979. The McClungs conveyed the property to N. Lee Lacy in 1981, who then conveyed the property to Sandra Smith that same year. Copies of these deeds of conveyance are enclosed with this letter. Thus, the requirement that the parcel existed on January 1, 1973, has been met. Please confirm that my understanding as outlined above is cor- rect, that what is proposed as a sketch map and vicinity map will suffice, and that an actual plat will not be required until action is taken by the Commissioners, that no further evidence of soils type and characteristics needs to be submitted, and that the enclosed documents satisfy the requirements of showing that the parcel existed as described on January 1, 1973, and estab- lishes proof of ownership by the applicant.: I look forward to hearing from you shortly. Sincerely, . Robert B. Emerson RBE/jc Enclosures cc: Sandy Smith SEO-WTR DIV 5 TEL:303-945-5665 Dec 10 9' 16:17 No.005 P.01 ENVISION Of WATfk RCSOURC[•S WATER DIVISION 1 --)vi Office of the State Engineer C)ep.inment of Natur Resomee, 50633 U.S. Hwy (3 6 24 t.0. Uox 396 Cknwood Spnngs, (.C) 616o' Phone 003) 945-5665 IAz 003) 94S•8i41 DATE: STATE OF COLORADO FAX "TRANSMISSION COVER SHEET 7 TRANSMIT TO FAX NUMBER: / ` - / 3 7 7) ) IMMEDIATE DELIVERY TO: n --, FROM: ,tw- 4_ 7 w Gr . rc e NO. OF PAGES (INCLUDING COVER SHEET): INSTRUCTIONS/COMMENTS: . 47;0 las , a r;51.* 7 0 7 0 3 6 / s /‹t If you have problems receiving docurnent(s), please call 945-5665. (DIVISION 5 WATER RESOURCES OUR FAX NOS: (303) 866-54115 or (9701 945-8741 (call first before sending to latter.) SED-WTR DIV 5 TEL :303-945-5665 410 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 Prepared by: SL cc: Division 5\ Applicant day of 0389I/Form #0580(K) /60„;,,L, J. is A Danielson Sta - gineer Steve Lautenschlager Water Resource Engineer Ground Water Section • 7, • %tup!ic::tior hi! r.rl`ttfll'tC wlterC •)olrc:1Ule. Type or int in HLACK JI;. Nu nverarike; or erasures unless initialed: (a-(' m U S I (,l7 (74-' C c.>f' AOQ OI�il siOry CIr wn) I_It (((.. r yy 81 LI lennral IJItJy. 1:.i13 ;:),ern,cut St., L)cuvr•r C ado111!)( i'!J•, .- � f'YiGC.`i I'Cfi^llT Ai'I' ! r ! ���1 101ifvl RECEIVED ( 1 A PE Fttoll 1C) U`(: Cf1OtIND WAI :1i MAY 2 1 1979 A PE Awl. TO CCt\\ST(IUCT A Vl'EL L FOR: ) A PERNII7 .10 INSTALL A PLJA'il' (1) APPLICANT • mailing address REPLACEMENT 1•()R NO. 1;2/) °THE )i _--- -- , I, 11`A11.)( COURT C AS`: NO.. - --- �' IE OR I I(:i l!:;i-)kil.Y. W.,NO1 WHITE IN THIS COLUMN r.:At'.1E _ _ • ._ C C L U_r`1_�� ._ _._ s 1F;EET F. 0, lc,02,.. -.-'s c. L -- - _......... CIrY_AsPEJJ G0c-'61,11_ (Slate) i:roi-- TE -t EPHONE NO 9a5=9ijo (2) LOCATION OF PROPOSED WELL County GA)Z IcL Swr % of the S 1�/ j7 Section r:. S. - •; w A T -, USE AND WELL DATA dosed maxirnurn pumping rate (u;)rn) is�t•r:rae annual amount of ground water 10 be aupropriated (acre•Icet): Jtrr:7t:Cr O1 acres t0 be irrigated: r Y^1tI 0 F: C •'L .'os_o total oeoth (fee:): IS 2_ I •; (E�i1 " uiter yround is :o Ue obtained from: 45,at_ _;.vne•'; well designation iE'OUND WATER TO BE USED FOR HOUSEHOLD USE ONLY • no I DOMESTIC (1) LIvESTOC:: (2) i COtimERCIAI_ (41 irrigation (0) ( 1 INDUSTRIAL (Si ( ) IRRIGATION ((i) ( 1 h1UNICIPAL (L') I OTHER (91 FIF- (L0 i Lr ; ICr-1 DETAIL THE USE ON (SACK IN (11) •;) DRILLER I1l•celttl No /V..(/,"' (' i.., �F kT ---- ._ ____ Dist. C:ONDI TIONS -OF APPROVAL 1 i1r, ;:.ull shall I;t• used in such a way 2S 10 Cause ti0 rnaluri,;( injury to existing water rights. The issuance o; The permit does not assure the applicant that no injury will occur to another vested water riym or in t:clucie ,mother owner of a vested water riynt horn seeking rul;ci in a c:ivil court action. ,'12°1-',0'rE.D•,1 URSUAI)T TO CRS 1973. 37-92-602 (3) (b) (II) AS THL 01 -Li WELL ON ! TRACT 0I' :i5 ACRES OR MORE DESIGNATED IS 4 ACRES Iii // S:/ J GcJ AI'It1(O'vi:D FOE i)O E3TIC USE, INCLLDING TEE IRRIGATION OF NOT -OVER ONE ACRE OF EOME C:UU;i:I:S AND LAWNS. • ` av iiOYED PURSUANT TO CRS 1973, 37-92-602 FOR TEE WATERING OF LI'! EST000LL 0N A FARM OR RANCH. {J-14 nt'--f 1 • r r a)'Pt_1C:AI ION APPROVED .. t 1 ; /1-2.14 1tEil;vtl i N (1 E __ 1 • 07 0 3 G JUN u 4 197s EXPIRATION l l ,, '(( � J. Y 0 19 81 • 1, �� f`•.i I 1: (:t:(iil••!E.L){) _._.---.__—_-- DA1 E ISSUE() _ r/.' /��... ,ice%`••-� �' +:+) THE ,TION UI I 1.11.'.' -lit >Ll) vv l: .nut II u: Illi:,) 1.111 v✓+rCh t..ZIC1 vvrll r,uSt use' Ilio C.:1 NTElt $ • I,c.rtco 711 the d,:utr;un below s• 1 :.11:Clrur+...-4 1U ;ICrc:l ILO Uic w1:11 IU<.,Iiun •Uo FECT -2- - - �. r ,'. J C_ NORTH SECTION UNE I W• N Inn SECT 10N I.iNE -' -' 1 .1. 1�+1 ..II CLL I )t u� �v<ritCU Ir Jrsulrict:'• 1 .. ion Ir Ii oris ur ssuutr'-7-- - set. ci9OJ' 51 4r • `.' ) I1. tror71 Yu �S'I 1 cstj sec. li- S'J 14 Si►./.f- s��T. 12.T1.. LOT.. 111.()('K _ FILING • R 8a w of ri c T,r c, r • r SUBDIVISION_ Y .1-1 • (7) TRACT ON_WI-IIC}_i WELL WIL B LnC/a1_p No. Qi :neat.• 4 U -- •- - Will this Lie.. 1he only well on ihi: traci) Y2S (8)f)I�UN1)5E: U CASING PROGRAM {'loin Casing---------- — c�s_-- in. hum It. to CC11.. ----• in. Irur, It to Pot -located c::sing ft. C'-/ u7. Irom 5- It. !o7 D 11. ICI. It WTI _—_-- It. to I1. (9) I -'70R E:MENT WE I_ LS give distance and direction Ir Um oid well and plans for plugOiny Il: The scale of the diagram is n inches = 1 nine E::C 1 small luuartr ref:resent% •10:it:re: .c:e n0. ...c•: .r.,c !anti 1 IOAI (Ietn wu•C luui oe' s(•snnd Icf ) . . 4-191 yauons cul;... 101 nen win IgtIpn,.v of w,n .,nu.u.,malciv 1 r•IO0r n, Ce ,1cr rear.1 x•ra2S c, . i . !MO 9.1110m.1.000 ;Jonin, m•mt•ed cOni,nuOvslv ;);JV tar Url ire G3 •: a? ,,ce r-1 CCi. ;(.l) N C.) N HICH GROUND WATER WILL BF LIS D : �4J 1/s `-:rJ )i: ----....—.--- No. of acres: nrG l r•:.:i tic:: r:(,IiOn: OF _..-_ - - --__- -- —_ O -- E` -T. / / W P ,, S I) ( 1 A 1 Lt `���. Df S(:i}IN�-C(UN r)IIl,c u:e OI ground tv;!t ----- _...--------------- - ..::r•,r to u:eu e Household ut.e i7od domestic wells roust indicate type o1 disposal --- -. I D C K Lkj 7 F iZ f L/ - 1..[1.-2 G' t ( 1. r •i. 1.''A i 1 11 fl -11.5S _—...—___— • c w.ct, (7n 11111 Lind. :,clod,{ 1,0! Used !or (I„ri,o•c? Uescrlot ion 01 land on which used S ku I/4 S .- I Z 1/2. SEL 77_7—I.;) 111.E AP°l.I c:.\NI c �•_-...� '3�. (v-IP� S� R �'j 1•<). of G rri F'.1 T (S) STATE(S) THAT THE NFOliNIA.1ION SET FORTH HEREON IS T RUE TO THE BEST OF HIS KNOWLED(;E. ,. .4 7liri( OI ,.:') ----- ...- . -• --- --- -- as— 1 1 .,. ,,.. r 1 ' t • ,1 WR:1-5-Rev. 76 Application must be complete w er( applicab ► brc..0 phot}, 1B,L4 X cN fig?b o,er rfkes oTrascres unless 'itlaied. CO RADO DIVISION OF WATER RESOU•S i 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado N PERMIT APPLICATION FORM ( }) A PERMIT TO USE GROUND WATER ( x) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP 80203 ( ) REPLACEMENT FOR NO ) OTHER EYDanded Use WATER COURT CASE NO To be sup_pli_ed when available RECEiVEb •JUNG1ie WATER ALXSRC€3 ,STATE £52 GCLO. (1) APPLICANT - mailing address NAME Sandra Smith STREET 3059 103 Road CITY Carbondale, Colorado 81623 (ZiQ) (State) TELEPHONE NO 963-3507 (2) LOCATION OF PROPOSED WELL County Garfield c,^ of the S '/ section Two. S__, Rng. 88 W ,E1 t E.'N) 12 ti -h P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 30 cpm Average annual amount of ground water to be aocrocriated (acre-feet): 2 Number-nf acres to be irrigated: 5 Proposed total depth (feet): 140 (actual) Aquifer ground water is to be obtained from: Basalt Owner's wetl designation Smith Wel 1 No. GROUND WATER TO BE USED FOR: ( X) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) X) LIVESTOCK (2) (:c IRRIGATION (6) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) Fire protection DETAIL THE USE ON BACK IN (11) 1 (4) DRILLER Name C -,71(-1=H Faye l^:1 ^j Ccr- Street Box 475 FFrisco, Colorado 80443 (state) (Zig) 668-3564 Telephone No. Lic. No City FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No I-6 FE// / 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'S . ORIGINAL WELL NO. 1) ,• AS APPLIED FOR ON THIS APPLICATION, WHICH. REQUEST WAS CANCELLED BY THE APPLICANT Ts LETTER OF DECEMER 28, 1981. THIS APPLICATION IS USED IN LIEU OF REQUESTING A NEW FORM FROM THE APPLICANT. 2). APPROVED PURSUANT TO CRS W-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 Aun 2 21985 EXPIRATION DATE AUG 221986 CI. /64„1.414,„ ' (S %40 ENGINEER) BY L.L . / _ lr+ -• ,( Lam/ TD COUNTY 23 • APPLICANT: SANDRA SMITH WELL PERMIT NO. L. 9 ) 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 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 AUGMENTATION WATER FOR THE AP- PLICANT'S USE PURSUANT TO CASE NO. 79CW97. 8) GROUND WATER SHALL NOT BE DIVERTED FROM HIS WELL UNTIL SUCH TINE THAT THE APPLICANT HAS INSTALLED ANY AND ALL REQUIRED MEASURING STATIONS ON CATTLE CREEK AS INSTRUCTED BY THE DIVISION ENGINEER AND UNTIL THE AUG- MENTATION MEASUREMENT STATION PROVIDED FOR IN CASE NO. 79CW97 IS IN- STALLED. 35D g/7 -/A) - w • Carbondale Sc 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 Dnve 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. Sincere! Bil Gavette Fire Marshal