HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10)(a) -(d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 8:00, et. seq., the
undersigned EUGENE M. SPEAR and GLAPHY A. SPEAR respectively petition the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 81.19 acre tract
of land into two (2) tracts of approximately '13 and B acres each, more or less, from the
definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973)
Section 30-28-101 (10)(a) -(d) and the Garfield County Subdivision Regulations for the reasons stated
below: It is desired that a portion of the property along Four Mile Road and east of Four Mile Creek
be split along the natural feature of Four Mile Creek which prevents joint use of the proposed tracts.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following information:
A. Sketch map at a minimum of 1" = 200' showing the legal description of the property,
dimension and area of all lots or separate interests to be created, access to a public right-
of-way, and any proposed easements for drainage, irrigation, access or utilities.
B. Vicinity map at a minimum scale of 1" = 2000' showing the general topographic and
geographic relation of the proposed exemption to the surrounding area within two (2)
miles, for which a copy of U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within 200
feet of the proposed exemption, mineral owners and lessees of mineral owners of record
of the property to be exempted, and tenants of any structure proposed for conversion;
and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community of municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973, or the
parcel as it exists presently is one of not more than three parcels created from a larger
parcel as it exists on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
titilaphySpear
P.O. Box 152
Loomis, WA 98827
Mailing Address
(509) 223-3011
Telephone Number
}INNS\SPEAR\l ETI I1ON.Ixm
ook 371 Recorded at 2 o'clock. M., ,.....19 r
age 72 Reception No.... 2.81. ...3......Kaeg'i.11l Recorder.
THIS DEED, Made this day of November
in the year of our Lord one thousand nine hundred and S ixty-five
between
ELWOOD A. GEORGE and SYLVIA L. GEORGE
of the County of Garfield
and State of Colorado, of the first part, and
EUGENE M. SPEAR and GLAPHY A. SPEAR
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETII, That the said part ieS of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
•1304.fittittl,
to the said pari e S of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcel S of land, situate, lying
and being in the
Colorado, to -wit:
County of Garfield and State of
Lots 4 and 6, Sec. 9, Tp. 7 S., R. 89 W. of the 6th P. M.
Also that part of the NW 1/4 SE 1/4, Sec. 9, Tp. 7 S., R. 89 W. of
the 6th P. M., lying South and Southeast of a line extended from a
point 100 feet S. of the Northeast corner of said NW 1/4 SE 1/4,
Southwesterly to a point 100 feet North of the Southwest corner of
said NW 1/4 SE 1/4, Section, Township and Range aforesaid.
Also, lots 2, 3, 5 and 7 in Sec. 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9
in Sec. 10; Lots 1, 2, 3, 5 and 7 in Sec. 15; and lots 1 and 2 and
the S 1/2 NE 1/4 and NW 1/4 SE 1/4 in Sec. 16, all in Tp. 7 S., R.
89 W. of the 6th P. M.itogether with the Hardwick Ditch, otherwise
known as the R. L. Hardwick Ditch and the First Enlargement there-
of, and their water rights taking water from Hardwick Gulch or
Overland Gulch, The Doose Ditch and First Enlargement thereof, and
their water rights, taking water from Four Mile Creek, the Cooley
Ditch and its water rights, taking water from Four Mile Creek, and
any and all other ditch and water rights belonging to, used upon
or in connection with the lands above described.
Together with the Public Domain Grazing rights and privileges con-
nected with the above described real estate.
There is excepted from the conveyance of the above described prop-
erty, those certain parcels of land described by the following deeds
recorded in the County Clerk and Recorder's office of Garfield
County, Colorado, as Document Numbers 187172 in Book 279 at Page
569 and 197425 in Book 300 at page 47.
EXCEPTING easements and rights-of-way of a public or private nature,
and all prior mineral reservations.
EXCEPTING a Deed of Trust to the Public Trustee of Garfield County
to secure promissory note of Elwood A. George and Sylvia L. George
payable to Ralph E. Michels and Lyla M. Michels, dated November
10, 1961, recorded in the office of the Clerk and Recorder of
Garfield County, Colorado as document No. 215672 in Book 337 at
Page 508, which the parties of the second part herein assume and
agree to pay.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part ieS of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado
• !
Book 37177
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurteABpsAgetm io3he
said parties of the second ,part, their heirs and assigns forever. And the said part ieSof the first part, for
then el yes, IhI. Fseirs, executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form 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 the 1965 taxes, payable in 1966,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said partieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ieSof the first part ha ve hereunto set their hand S and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
(,eco -6__b_ .a, '` -° re [SEAL]
ELWOOD A. GEO G
d' 1. Rte!..e.7-t-<�.Q.._. [SEAL]
�p C�� [SEAL]
}ss.
County of GARFIELD •
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The fotegoing instrument was acknowledged before me this 5th day of November
�65k ELWOOD A. GEORGE and SYLVIA L. GEORGE.
-jiQ���d miAsion expires July 27 , 19 69 . Witness my hand and official seal
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4,7,, 2
Notary Public.
•It by natural person or persons hero Insert name or names; If
then insert name of person as executor, attorn
officer or officers, as the president or other o
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7 persons acting in representative or official eannrlty nr n.. atter,
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STATE OF COLORADO,
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I hereby certify that this instrument was filed
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SPEAR - SUBDIVISION EXEMPTION
LIST OF ADJACENT PROPERTY OWNERS
Oak Meadows Development Corporation
P.O. Box 1298
Glenwood Springs, CO 81602-1298
Garfield County
109 Eighth Street
Glenwood Springs, CO 81601
William D. Williams and
Kathy Lee Williams
5015 Country Road 117
Glenwood Springs, CO 81601
n: )RS SPFARTR P -OW N IST
11
87
Aspen -Gypsum Area, Colorado 17
substratum to a depth of 60 inches or more is clay
loam. The soil is noncalcareous to a depth of 27 inches
and calcareous below that depth.
Included in this unit are small areas of Showalter and
vlorval soils. Included areas make up about 10 percent
Jf the total acreage.
Permeability is slow in the Acree soil. Available water
capacity is high. The effective rooting depth is 60
inches or more. Runoff is slow, and the hazard of water
erosion is moderate.
This unit is used mainly for irrigated crops or as
hayland. It also is used for pasture or homesite
development.
The potential plant community on this unit is mainly
_etterman needlegrass, Idaho fescue. western
wheatgrass, mountain big sagebrush, and Saskatoon
serviceberry. Other plants that characterize this site are
slender wheatgrass, lanceleaf rabbitbrush, elk sedge,
and scattered Gambel oak. The average annual
production of air-dry vegetation is about 1,500 pounds
per acre. If the range condition deteriorates, mountain
big sagebrush, lanceleaf rabbitbrush, Kentucky
bluegrass, and annual weeds increase in abundance.
If the quality of range vegetation has seriously
deteriorated, seeding is needed. The suitability of this
unit for range seeding is good.
This unit is well suited to irrigated crops. Corrugation
irrigation is suited to this unit. If furrow or corrugation
irrigation systems are used, runs should be on the
contour or across the slope. Because of the slow
permeability in the subsoil, the application of water
should be regulated so that water does not stand on the
surface and damage the crops. The content of organic
matter can be maintained by using all crop residue,
plowing under cover crops, and using a suitable
rotation. Crops respond to applications of nitrogen and
phosphorus fertilizer. If properly managed, the unit can
produce 90 bushels of barley per acre annually.
This unit is well suited to hay and pasture. A
seedbed should be prepared on the contour or across
the slope where practical. Proper stocking rates,
pasture rotation, and restricted grazing during wet
periods help to keep the pasture in good condition and
protect the soil from erosion. Fertilizer is needed to
ensure the optimum growth of grasses and legumes. If
properly managed, the unit can produce 4 tons of
irrigated grass hay per acre annually.
This unit is poorly suited to homesite development.
The main limitations are a high shrink -swell potential,
low strength, and the slow permeability. Structures,
sanitary facilities, roads, and landscaping should be
designed and planned to reflect these limitations.
Population growth has resulted in increased
construction of homes in areas of this soil.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Mountain Loam range site.
4—Acree loam, 6 to 12 percent slopes. This deep,
well drained soil is on alluvial fans and valley side
slopes. It formed in alluvium and residuum derived
dominantly from redbed sandstone and shale. Elevation
is 6,500 to 8,200 feet. The average annual precipitation
is 16 to 18 inches, the average annual air temperature
is 38 to 42 degrees F, and the average frost -free period
is 95 to 105 days.
Typically, the surface layer is dark grayish brown
loam about 10 inches thick. The upper 4 inches of the
subsoil is clay loam. The lower 13 inches is clay. The
next layer is clay loam about 7 inches thick. The
substratum to a depth of 60 inches or more is clay
loam. The soil is noncalcareous to a depth of 27 inches
and calcareous below that depth.
Included in this unit are small areas of Showalter and
Morval soils. Included areas make up about 10 percent
of the total acreage.
Permeability is slow in the Acree soil. Available water
capacity is high. The effective rooting depth is 60
inches or more. Runoff is medium, and the hazard of
water erosion is moderate.
This unit is used mainly for irrigated hay or pasture. It
also is used as rangeland, for a limited number of
irrigated crops, or for homesite development.
The potential plant community on this unit is mainly
Letterman needlegrass, Idaho fescue, western
wheatgrass, mountain big sagebrush, and Saskatoon
serviceberry. Other plants that characterize this site are
slender wheatgrass, lanceleaf rabbitbrush, elk sedge,
and scattered Gambel oak. The average annual
production of air-dry vegetation is about 1,500 pounds
per acre. If the range condition deteriorates. mountain
big sagebrush, lanceleaf rabbitbrush, Kentucky
bluegrass, and annual weeds increase in abundance.
If the quality of range vegetation has seriously
deteriorated, seeding is needed. The suitability of this
unit for range seeding is good.
This unit is well suited to hay and pasture. A
seedbed should be prepared on the contour or across
the slope where practical. All adapted pasture plants
can be grown, but bunch -type species planted alone
generally are not suitable because of the hazard of
erosion. Proper stocking rates, pasture rotation, and
restricted grazing during wet periods help to keep the
pasture in good condition and protect the soil from
erosion. Fertilizer is needed to ensure the optimum
growth of grasses and legumes. If properly managed,
the unit can produce 4 tons of irrigated grass hay per
acre annually.
This unit is suited to irrigated crops. It is limited
18 Soil Survey
mainly by the slope. Corrugation irrigation is suited to
this unit. If furrow or corrugation irrigation systems are
used, runs should be on the contour or across the
slope. Because of the slow permeability in the subsoil,
the application of water should be regulated so that
water does not stand on the surface and damage the
crops. The content of organic matter can be maintained
by using all crop residue, plowing under cover crops,
and using a suitable rotation. Crops respond to
applications of nitrogen and phosphorus fertilizer. If
properly managed, the unit can produce 80 bushels of
barley per acre annually.
This unit is poorly suited to homesite development.
The main limitations are the shrink -swell potential, low
strength, and the slow permeability. Structures, sanitary
facilities, roads, and landscaping should be designed
and planned to reflect these limitations. Population
growth has resulted in increased construction of homes
on this soil.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Mountain Loam range site.
5—Acree loam, 12 to 25 percent slopes. This deep,
well drained soil is on alluvial fans and valley side
slopes. It formed in alluvium and residuum derived
dominantly from redbed sandstone and shale. Elevation
is 6,500 to 8.200 feet. The average annual precipitation
is 16 to 18 inches, the average annual air temperature
is 38 to 42 degrees F, and the average frost -free period
is 95 to 105 days.
Typically, the surface layer is dark grayish brown
loam about 10 inches thick. The upper 4 inches of the
subsoil is clay loam. The lower 13 inches is clay. The
next layer is clay loam about 7 inches thick. The
substratum to a depth of 60 inches or more is clay
loam. The soil is noncalcareous to a depth of 27 inches
and calcareous below that depth.
Included in this unit are small areas of Showalter and
Morval soils. Also included are small areas of soils that
are similar to the Acree soil but are coarser textured.
Included areas make up about 15 percent of the total
acreage.
Permeability is slow in the Acree soil. Available water
capacity is high. The effective rooting depth is 60
inches or more. Runoff is rapid, and the hazard of water
erosion is moderate.
This unit is used mainly as rangeland. It also is used
as wildlife habitat.
The potential plant community on this unit is mainly
Letterman needlegrass, Idaho fescue, western
wheatgrass, mountain big sagebrush, and Saskatoon
serviceberry. Other plants that characterize this site are
slender wheatgrass, lanceleaf rabbitbrush, elk sedge,
and Gambel oak. The average annual production of air-
dry vegetation is about 1,500 pounds per acre. If the
range condition deteriorates, mountain big sagebrush,
lanceleaf rabbitbrush, Kentucky bluegrass, and annual
weeds increase in abundance.
The suitability of this unit for range seeding is fair.
The main limitation is the slope.
This unit is poorly suited to homesite development.
The main limitations are the slope and the shrink -swell
potential.
This map unit is in capability subclass Vle,
nonirrigated. It is in the Mountain Loam range site.
6—Almy loam, 1 to 12 percent slopes. This deep,
well drained soil is on fans and uplands. It formed in
alluvium derived dominantly from calcareous redbed
sandstone and shale. Elevation is 6,000 to 7,800 feet.
The average annual precipitation is 12 to 14 inches, the
average annual air temperature is 42 to 46 degrees F,
and the average frost -free period is 85 to 105 days.
Typically, the surface layer is reddish brown loam
about 8 inches thick. The upper 3 inches of the subsoil
is fine sandy loam. The lower 15 inches is sandy clay
loam. The substratum to a depth of 60 inches or more
is fine sandy loam. The soil is noncalcareous to a depth
of 11 inches and calcareous below that depth.
Included in this unit are small areas of Empedrado
soils. Included areas make up about 20 percent of the
total acreage.
Permeability is moderate in the Almy soil. Available
water capacity is high. The effective rooting depth is 60
inches or more. Runoff is medium, and the hazard of
water erosion is moderate.
This unit is used as rangeland or hayland. The
potential plant community is mainly bluebunch
wheatgrass, Indian ricegrass, bottlebrush squirreltail,
Douglas rabbitbrush, and Wyoming big sagebrush.
Prairie junegrass, needleandthread, and Sandberg
bluegrass also are included. The average annual
production of air-dry vegetation is about 950 pounds per
acre. If the range condition deteriorates, Wyoming big
sagebrush, Douglas rabbitbrush, cheatgrass, and
annual weeds increase in abundance.
The suitability of this unit for range seeding is good.
Loss of the surface layer severely reduces the ability of
the unit to produce plants suitable for grazing.
This unit is well suited to hay and pasture. It has few
limitations. Grasses and legumes grow well if adequate
fertilizer is used. If properly managed, the unit can
produce 5 tons of irrigated grass hay per acre annually.
This unit is well suited to homesite development.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Rolling Loam range site.
•
154 Soil Survey
TABLE 5. --LAND CAPABILITY CLASSES AND YIELDS PER ACRE OF CROPS
(Yields in the N columns are for nonirrigated soils; those in the I columns are for irrigated soils. Yields
are those that can be expected under a high level of management. Absence of a yield indicates that the
soil is not suited to the crop or the crop generally is not grown on the soil)
Soil name and
map symbol
1 1 1
Land 1 Alfalfa hay 1 Grass hay 1 Barley
capability) 1
N 1 I
N I I N 1 1 N I I
1
2
3
5
Acree
Acree
Acree
Acree
Acree
6
Almy
7
8
9
Almy
Ansel-Anvik
Ansel-Anvik
10
Anvik-Skylick-Sligting
11
Anvik-Skylick-Sligting
12*
Arle-Ansari-Rock outcrop
13
Atencio-Azeltine
14
Callings-Yeljack
15
Charcol-Mord
16
Charcol-Mord
17, 18
Cochetopa-Antrobus
19
Cochetopa-Antrobus
20
Cou1terg
IVe
VIe
IVe
IVe
VIe
IVe
VIe
VIe
VIIe
VIe
VIIe
VIIe
VIe
VIIe
VIIe
VIIe
VIe
VIIe
VIIe
See footnote at end of table.
IVe
IVe
IVe
IVe
IVe
Tons 1 Tons
5.0
5.0
5.0
6.0
5.0
Tons 1 Tons
9.0
4.0
9.0
5.0
9.0
Bu I Bu
30
30
30
80
90
80
70
• •
160
Soil Survey
TABLE 6. --RANGELAND AND WOODLAND UNDERSTORY PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES
(Only the soils that support rangeland or woodland understory vegetation suitable for grazing are listed)
I Total production 1 1
Soil name and I Range or woodland site 1 I 1 Characteristic vegetation ICompo-
map symbol I 'Kind of year I Dry I Isition
I lweight 1 I
1, 2
Acree
3, 4, 5
Acree
6, 7
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
Skylick
Sligting
Loamy Slopes #303
Mountain Loam #228
Rolling Loam #298
Spruce -Fir
Spruce -Fir
Aspen
Aspen
Aspen
See footnote at end of table.
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
ILb/acre
1,200
900
500
1,800
1,500
1,000
True mountainmahogany
Antelope bitterbrush
Western wheatgrass
Prairie junegrass
Saskatoon serviceberry
Bluebunch wheatgrass
Indian ricegrass
Mountain big sage
Slender wheatgrass
Nodding bromegrass
Western wheatgrass
Letterman needlegrass
Mountain big sage
Idaho fescue
Saskatoon serviceberry
1,100 Bluebunch wheatgrass
950 Needleandthread
650 Sandberg bluegrass
Wyoming big sagebrush
Bottlebrush squirreltail
Indian ricegrass
Favorable 300
Normal 250
Unfavorable 175
Favorable 300
Normal 250
Unfavorable 175
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
3,500
3,000
2,000
3,500
3,000
2,000
2,000
1,500
1,000
Sedge
Slender wheatgrass
Boxleaf myrtle
Dwarf blueberry
Heartleaf arnica
Elk sedge
Slender wheatgrass
Boxleaf myrtle
Dwarf blueberry
Heartleaf arnica
Nodding bromegrass
Thurber fescue
Parry oatgrass
Idaho fescue
Nodding bromegrass
Muttongrass
Bearded wheatgrass
Thurber fescue
Parry oatgrass
Idaho fescue
Bearded wheatgrass
Nodding bromegrass
Muttongrass
Mountain snowberry
Arizona fescue
Nodding bromegrass
Bearded wheatgrass
Snowberry
Pct
15
15
10
10
10
10
10
10
10
10
10
10
10
10
5
15
10
10
10
5
5
15
15
10
10
10
15
15
10
10
10
5
10
10
10
5
5
5
10
10
10
5
5
5
5
30
20
10
10
•
aspen -Gypsum Area, Colorado 171
TABLE 7. --WOODLAND MANAGEMENT AND PRODUCTIVITY
ily the soils suitable for production of commercial trees are listed. Absence of an entry indicates that
information was not available)
;oil name and IOrdi-
map symbol 'nation
'symbol
Management concerns
Potential productivity
Equip- I 1 1
ment 'Seedling) Wind- 1 Plant I Common trees
limita-Imortal- 1 throw Icompeti-I
tion 1 ity 1 hazard I tion 1
I I I
(Site IProduc-I Trees to
lindexltivity 1 plant
'class* 1
;nse1
An'ik
Ansel
Anvik
Anvik
S} ylick
Sligting
11**:
Anvik
Skylick
Sligting
15k*:
Clarcol
Mord
16**:
Charcol
Mord
20
Coulterg
25**:
Cushool
Rent sac
33**:
Earsman
Rock outcrop.
3R
6R
3R
5R
2R
2R
2x
2R
2R
2R
3X
3C
3R
3R
3A
Slight
Moderate
Moderate
Severe
Moderate
Slight
Moderate
Slight
Slight
Slight
Slight
Slight
Moderate
Slight
Moderate
Slight
Moderate Moderate Slight Moderate
Moderate Moderate Slight Moderate
Slight Slight Slight Moderate
Severe Moderate Slight Moderate
Severe Severe Slight Moderate
Severe Moderate Slight Moderate
Moderate
Slight
Moderate
Slight
Severe Moderate
Moderate Slight
Moderate Moderate
Slight
Slight
Slight
Slight
Moderate
Severe Slight Moderate
Severe Severe Severe
Severe Severe Severe
See footnotes at end of table.
Moderate
Slight
Moderate
Slight
Moderate
Severe
Moderate
Slight
Engelmann spruce ----
Douglas fir
Engelmann spruce
Douglas fir
Engelmann spruce ----
Douglas fir
Engelmann spruce
Douglas fir
Quaking aspen
Quaking aspen
Quaking aspen
Quaking aspen
Quaking aspen
Quaking aspen
Lodgepole pine
Lodgepole pine
Lodgepole pine
Lodgepole pine
Douglas fir
Lodgepole pine
Ponderosa pine
Rocky Mountain
juniper
Pinyon
Utah juniper
Pinyon
Juniper
Pinyon
Juniper
55 3
91 6
55 3
85 5
65 2
65 2
60 2
65 2
65 2
60 2
60 3
60 3
50 1 3
50 1 3
50 1 3
45 1 3
55 1 3
,1111111
•
•
Aspen -Gypsum Area, Colorado 173
2
3
4
TABLE 8. --RECREATIONAL DEVELOPMENT
(some terms that describe restrictive soil features are defined in the Glossary. See text for definitions
of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated)
Soil name and
map symbol
Camp areas
Picnic areas
Playgrounds
Paths and trails
Golf fairways
Acree
Acree
Acree
Acree
5
Acree
Almy
7
Almy
8*:
Ansel
Anvik
9*:
Ansel
Anvik
10*:
Anvik
Skylick
Sligting
11*:
Anvik
Moderate:
large stones.
Moderate:
large stones.
Severe: Severe:
slope. slope.
Moderate: Moderate:
dusty. dusty.
Severe:
large stones,
slope.
Severe:
large stones,
slope.
Moderate:
slope,
dusty.
Moderate: Moderate: Severe:
slope, slope, slope.
dusty. dusty.
Severe: Severe: Severe:
slope. slope. slope.
Moderate: Moderate: Severe:
dusty. dusty. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe:
slope. slope.
Severe:
slope.
See footnote at end of table.
Severe:
slope.
Severe:
large stones,
slope,
small stones.
Severe:
slope.
Slight
Moderate:
slope.
Moderate:
dusty.
Moderate:
dusty.
Moderate:
slope,
dusty.
Moderate:
dusty.
Moderate:
slope,
dusty.
Severe:
erodes easily.
Moderate:
slope.
Severe:
slope,
erodes easily.
Severe:
slope.
Moderate:
slope.
Moderate:
slope.
Moderate:
large stones,
slope.
Severe:
slope.
Moderate:
large stones.
Severe:
slope.
Slight.
Moderate:
slope.
Severe:
slope.
Slight.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones,
slope.
Severe:
slope.
184
• •
TABLE 9. --WILDLIFE HABITAT
Soil Survey
(See text for definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates that the
soil was not rated)
Soil name and
map symbol
Potential for habitat elements I Potential as habitat for --
1 Grain I
I and !Grasses
I seed I and
1 crops (legumes
Wild I I 1 1 I Open- 1 Wood- I I Range_
herba-IConif- (Shrubs 1 WetlandjShallow I land I land !Wetland! land
ceousl erous I 1 plants I water I wild- I wild- I wild- I wild-
plantsIplants I I 1 areas 1 life I life 1 life 1 life
1, 2, 3, 4, 5
Acree
6, 7
Almy
8*:
Ansel
Anvik
9*:
Ansel
Anvik
10*:
Anvik
Skylick
Sligting
11*:
Anvik
Skylick
Sligting
12*:
Arle
Ansari
Rock outcrop.
13*:
Atencio
Azeltine
Poor Fair Fair Fair Very Very Fair
poor. poor.
Poor Poor Fair Fair Poor Very Poor
poor.
Poor Very Fair Good Fair Very Very Poor Good
poor. poor. poor.
Poor Poor Good Good Good Very Very Fair Good
poor. poor.
Very Very Fair Good Fair Very Very Poor Fair
poor. poor. poor. poor.
Very Very Good Good Good Very Very Poor Fair
poor. poor. poor. poor.
Poor Poor Good Good Good Very Very Fair Good
poor. poor.
Poor Poor Good Good Good Very Very Fair Good
poor. poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Fair
Poor
Very Fair Poor Fair Very Very Poor Fair
poor. poor. poor.
Very Good Good Good Very Very Poor Fair
poor. poor. poor.
Very Good Good Good Very Very Poor Fair
poor. poor. poor.
Very Fair Poor Fair Very Very Poor Fair
poor. poor. poor.
Very Fair Fair Very Very Poor
poor. poor. poor.
Very Poor Poor Very Very Very
poor. poor. poor. poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Good Good Fair Poor Very Fair Very
poor. poor.
Fair Fair Fair Very Very Poor Very
poor. poor. poor.
See footnote at end of table.
Fair.
Fair.
Fair.
Poor.
Fair.
Fair.
• •
Aspen -Gypsum Area, Colorado 191
TABLE 10. --BUILDING SITE DEVELOPMENT
(Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of
"slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated. The
information in this table indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Soil name and
map symbol
I I 1 I
Shallow Dwellings I Dwellings 1 Small I Local roads I Lawns and
excavations without 1 with 1 commercial 1 and streets 1 landscaping
basements I basements ' buildings I I
3
Acree
Acree
Acree
4
Acree
Acree
6
Almy
7
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
Skylick
Sligting
12*:
Ar le
Ansari
Moderate:
too clayey.
Severe:
slope.
Moderate:
too clayey.
Moderate:
too clayey,
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones,
slope.
Severe:
large stones,
slope.
Severe:
depth to rock,
slope.
See footnote at end of table.
Severe:
shrink -swell.
Severe:
shrink -swell,
slope.
Severe:
shrink -swell.
Severe:
shrink -swell.
Severe:
shrink -swell,
slope.
Moderate:
shrink -swell.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope,
large stones.
Severe:
slope,
large stones.
Severe:
slope,
depth to rock.
Severe:
shrink -swell.
Severe:
slope,
shrink -swell.
Moderate:
shrink -swell.
Moderate:
slope,
shrink -swell.
Severe:
slope.
Slight
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope,
large stones.
Severe:
slope,
large stones.
Severe:
depth to rock,
slope.
Severe: 'Severe:
shrink -swell. I low strength,
1 shrink -swell.
Severe: 'Severe:
shrink -swell, I low strength,
slope. 1 slope,
1 shrink -swell.
Severe: ISevere:
shrink -swell. I low strength,
I shrink -swell.
Severe: (Severe:
shrink -swell, 1 low strength,
slope. 1 shrink -swell.
Severe: ISevere:
shrink -swell, 1 low strength,
slope. 1 slope,
1 shrink -swell.
Moderate: IModerate:
shrink -swell, I shrink -swell.
slope.
Severe: ISevere:
slope. I slope.
Severe: 'Severe:
slope. I slope.
Severe: 'Severe:
slope. I slope.
Severe: 'Severe:
slope. 1 slope.
Severe: 'Severe:
slope. I slope.
Severe: ISevere:
slope, I slope,
large stones. 1 large stones.
Severe: 'Severe:
slope, 1 slope,
large stones. 1 large stones.
Severe: ISevere:
slope, 1 depth to rock,
depth to rock.' slope.
Moderate:
large stones.
Severe:
slope.
Slight.
Moderate:
slope.
Severe:
slope.
Slight.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones,
slope.
Severe:
large stones,
slope.
Severe:
slope,
thin layer.
Aspen -Gypsum Area, Colorado 201
TABLE 11. --SANITARY FACILITIES
(Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of
"slight," "good," and other terms. Absence of an entry indicates that the soil was not rated. The
information in this table indicates the dominant soil condition but does not eliminate the need for
onsite investigation)
Soil name and
1
1
map symbol 1
Septic tank
absorption
fields
Sewage lagoon
areas
Trench
sanitary
landfill
1
Area 1 Daily cover
sanitary 1 for landfill
landfill 1
1
3
4
5
6
7
Acree
Acree
Acree
Acree
Acree
Almy
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
Skylick
Sligting
12*:
Arle
Severe:
percs slowly.
Severe:
percs slowly,
slope.
Severe:
percs slowly.
Severe:
percs slowly.
Severe:
percs slowly,
slope.
Moderate:
percs slowly.
Severe:
slope.
Severe:
percs slowly,
slope.
Severe:
slope.
Severe:
slope.
Severe:
percs slowly,
slope.
Severe:
peres slowly,
slope,
large stones.
Severe:
depth to rock,
slope,
large stones.
See footnote at end of table.
Severe: Severe: Slight
slope. too clayey.
Severe: Severe: Severe:
slope. slope, slope.
too clayey.
Moderate: Severe: Slight
slope. too clayey.
Severe: Severe: Moderate:
slope. too clayey. slope.
Severe: Severe: Severe:
slope. slope, slope.
too clayey.
Severe: Slight Slight
seepage.
Severe: Severe: Severe:
seepage, slope. slope.
slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe:
slope,
large stones.
Severe:
depth to rock,
slope,
large stones.
Severe:
slope,
too clayey,
large stones.
Severe:
depth to rock,
slope,
large stones.
Severe:
slope.
1
1
!Poor:
I too clayey.
1
1Poor:
I too clayey,
1 slope.
1
1Poor:
1 too clayey.
'Poor:
1 too clayey.
(Poor:
1 too clayey,
1 slope.
1Good.
[Poor:
I slope.
1
1Poor:
1 slope.
!Poor:
1 large stones,
1 slope.
1
1
1Poor:
1 large stones,
1 slope.
1Poor:
slope.
1
1Poor:
1 too clayey,
1 large stones,
1 slope.
Severe: 'Poor:
depth to rock, I area reclaim,
slope. 1 large stones,
I slope.
• •
Aspen -Gypsum Area, Colorado 211
TABLE 12. --CONSTRUCTION MATERIALS
(Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of
"good," "fair," and other terms. Absence of an entry indicates that the soil was not rated. The
information in this table indicates the dominant soil condition but does not eliminate the need for
onsite investigation)
I I
Soil name and I Roadfill Sand 1 Gravel
map symbol I
I
Topsoil
2
Acree
Acree
3, 4
5
6
Acree
Acree
Almy
7
Almy
8*:
Ansel
Anvik
9*:
Ansel
Anvik
1Poor:
I low strength,
I shrink -swell.
(Poor:
I low strength,
I shrink -swell.
IPoor:
1 low strength.
'Poor:
I low strength.
'Good
(Fair:
1 slope.
1
!Fair:
I slope,
I shrink -swell.
IFair:
I shrink -swell,
1 low strength,
I slope.
IPoor:
1 slope.
1
IPoor:
1 slope.
10*: 1
Anvik (Fair:
I shrink -swell,
I low strength,
I slope.
Skylick (Fair:
I slope.
Sligting
IPoor:
I large stones.
See footnote at end of table.
Improbable: Improbable: Poor:
excess fines. excess fines. small stones.
Improbable: Improbable: Poor:
excess fines. excess fines. small stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. small stones.
Improbable: Improbable: Poor:
excess fines. excess fines. small stones,
slope.
Improbable: Improbable: Fair:
excess fines. excess fines. too clayey,
small stones.
Improbable: Improbable: Poor:
excess fines. excess fines. slope.
Improbable: Improbable: Poor:
excess fines. excess fines. large stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. area reclaim,
small stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. large stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. area reclaim,
small stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. area reclaim,
small stones,
slope.
Improbable: Improbable: Poor:
excess fines. excess fines. slope
Improbable: Improbable: Poor:
excess fines, excess fines, large stones,
large stones. large stones. area reclaim,
slope.
Aspen -Gypsum Area, Colorado 223
TABLE 13. --WATER MANAGEMENT
(Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of
"slight," "moderate," and "severe." Absence of an entry indicates that the soil was not evaluated. The.
information in this table indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Soil name and
map symbol
Limitations for --
Features affecting --
Pond
reservoir
areas
I Embankments,
I dikes, and
I levees
Drainage I Irrigation
I Terraces
1 and
I diversions
Grassed
waterways
1 Moderate:
Acree slope.
(Slight
2 Severe: (Slight
Acree slope.
3 Moderate: (Moderate:
Acree slope. I piping.
4, 5 Severe: !Moderate:
Acree slope. I piping.
6 Severe: (Severe:
Almy seepage. I piping.
7 Severe: (Severe:
Almy seepage, I piping.
slope.
8*, 9*:
Ansel Severe: (Moderate:
slope. I piping,
I large stones.
Anvik Severe: IModerate:
slope. I piping,
I large stones.
10*, 11*:
Anvik Severe: (Moderate:
slope. I piping,
I large stones.
Skylick Severe: (Severe:
slope. I piping.
Sligting Severe: (Severe:
slope. I large stones.
12*:
Arle Severe: (Severe:
slope. I large stones.
Ansari Severe: ISevere:
depth to rock,1 piping.
slope.
Rock outcrop.
See footnote at end of table.
Deep to water (Soil blowing,
I percs slowly,
I slope.
Deep to water (Soil blowing,
I percs slowly,
I slope.
Deep to water IPercs slowly,
I slope.
Deep to water IPercs slowly,
I slope.
ISoil blowing,
I percs slowly.
ISlope,
1 soil blowing,
1 percs slowly. I
IPercs slowly.
ISlope,
I percs slowly.
IPercs slowly---IPercs slowly.
ISlope,
I percs slowly.
I I
Deep to water ISlope,
I excess salt. I
(Erodes easily
I I
Deep to water ISlope,
excess salt.
Deep to water ISlope,
I erodes easily.
Deep to water ISlope
Deep to water ISlope
Deep to water ISlope
Deep to water ILarge stones,
I droughty,
I percs slowly.
Deep to water ILarge stones,
I droughty,
I depth to rock.
Deep to water (Depth to rock,
I slope.
ISlope,
1 erodes easily.
ISlope,
I large stones,
I erodes easily.
ISlope,
I large stones.
ISlope,
1 large
1
ISlope
ISlope,
I percs slowly.
IToo arid,
I erodes easily.
IToo arid,
1 slope,
I erodes easily.
ILarge stones,
I slope,
I erodes easily.
ILarge stones,
I slope.
ILarge stones,
stones. I slope.
ISlope,
I large stones,
I percs slowly.
ISlope,
I large stones,
1 depth to rock.
ISlope,
I large stones,
I depth to rock.
ISlope.
ILarge stones,
I slope,
I droughty.
ILarge stones,
I slope,
1 droughty.
ILarge stones,
1 slope.
Aspen -Gypsum Area, Colorado 231
TABLE 14. --ENGINEERING INDEX PROPERTIES
(The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated)
I I
Soil name and IDepthl USDA texture
map symbol 1
1
1 In
1, 2
3
Acree
Acree
4, 5
Acree
6, 7
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
0-5
5-10
10-60
0-10
10-27
27-60
0-10
10-27
27-60
0-8
8-26
26-60
0-23
23-48
48-60
0-12
12-18
18-42
42-60
0-12
12-18
18-42
42-60
Classification IFrag- I Percentage passing
sieve number --
Unified
Very stony sandy
loam.
Loam, clay loam
Clay, clay loam
Loam
Clay, clay loam,
gravelly clay
loam.
Clay loam, clay,
gravelly clay
loam.
Loam
Clay, clay loam,
gravelly clay
loam.
Clay loam, clay,
gravelly clay
loam.
Loam
Clay loam, sandy
clay loam, loam.
Fine sandy loam,
loam.
Loam
Stony clay loam,
stony sandy clay
loam.
Clay loam
Loam
Sandy loam, loam
Clay loam, cobbly
loam, cobbly
clay loam.
Loam, cobbly clay
loam, sandy clay
loam.
Loam
Sandy loam, loam
Clay loam, cobbly
loam, cobbly
clay loam.
Loam, cobbly clay
loam, sandy clay
loam.
See footnote at end of table.
SM, SP -SM
GP -GM, GM
CL -ML, CL
CL, CH
ML, CL -ML
CL, CH
CL
ML, CL -ML
CL, CH
CL
CL
CL, CL -ML
SM -SC, SM,
CL -ML, ML
CL -ML
CL, SC
CL
CL -ML
CL -ML,
SM -SC,
ML, SM
CL
CL, SC
CL -ML
CL -ML,
SM -SC,
ML, SM
CL
CL, SC
Iments I
I AASHTO I > 3 1
linchesl
I Pct I
A-2, A-1
A-6, A-4
A-7
A-4
A-7
A-6, A-7
A-9
A-7
A-6, A-7
A-6
A-6, A-4
A-4
A-4
A-6
A-6
A-4
A-4, A-2
A-6
A-6
A-4
A-4, A-2
A-6
A-6
30-45
0-5
0-5
0
0-15
0-15
0
0-15
0-15
4 10 40 1 200
1
ILiquid 1 Plas-
I limit 1 ticity
I I index
15-70 15-70 10-50 5-30
90-100 90-100 70-95 60-80
75-100 75-100 70-95 65-95
90-100 90-100 85-100 60-80
75-100 70-100 60-95 55-90
75-100
90-100
75-100
75-100
0 80-100
0 80-100
0 80-100
0-5 100
15-35 100
0-5 100
0 90-100
0 90-100
5-30
5-30
0
0
5-30
5-30
90-100
75-100
90-100
90-100
90-100
75-100
70-100
90-100
70-100
70-100
75-100
75-100
75-100
90-100
90-100
90-100
85-100
85-95
75-95
75-95
85-100
85-95
75-95
75-95
60-80
85-100
60-95
60-80
55-80
55-80
55-80
65-85
55-85
65-85
75-95
65-75
70-90
55-85
75-95
65-75
70-90
55-85
55-75
60-80
55-90
55-75
50-65
50-70
40-55
50-75
35-70
55-75
50-70
30-60
55-75
40-70
50-70
30-60
55-75
40-70
Pct
20-30 NP -5
25-35 5-15
40-60 20-35
20-30 NP -10
40-60 20-35
30-45 10-25
20-30 NP -10
40-60 20-35
30-45 10-25
30-35 10-15
25-40 5-15
20-30 NP -10
25-30 5-10
30-35 10-15
30-35 10-15
25-30 5-10
20-30 NP -10
30-40 10-20
30-40 10-20
25-30 5-10
20-30 NP -10
30-40 10-20
30-40 10-20
246
• •
Soil Survey
TABLE 15. --PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS
(The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire
profile. Entries under "Wind erodibility group" and "Organic matter" apply only to the surface layer.
Absence of an entry indicates that data were not available or were not estimated)
I1 1 1 I
Soil name and IDepthlClay I Moist1
map symbol i 1 Permea- IAvailablel Soil
bulk 1 bility I water Ireactionl
density 1 'capacity I
I
1 In/in 1 pH Immhos/cml
1, 2
3
Acree
Acree
4, 5
Acree
6, 7
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
Skylick
Sligting
12*:
Arle
Ansari
Rock outcrop.
13*:
Atencio
1 1 I Erosion1Wind 1
'Salinity' Shrink- I factorslerodi-1Organic
1 swell I I Ibilityl matter
'potential I K 1 T !group 1
1 I I Pct
I
<2 Low 0.321 5 I 3 4-8
<2 Moderate 0.281 1
<2 High 0.281
1
<2 Low 0.281 5 1 5 2-4
<2 High 0.281
<2 Moderate 0.281 1
I
<2 Low 0.281 5 1 5 2-4
<2 High 0.281
<2 Moderate 0.281 1
1
<4 Low 0.321 5 1 4 1-3
<8 Moderate 0.371 1
<8 Low 0.371 1
I
I
<2 Low 0.371 4 1 5 <1
<2 Moderate 0.241
<2 Moderate 0.371 1
1
<2 Low 0.281 5 1 5 2-4
<2 Low 0.281 1
<2 Moderate 0.281 1
<2 Moderate 0.281 1
1
<2 Low 1
0.281 5 I 5 2-4
<2 Low 0.281 1
<2 Moderate 0.281 1
<2 Moderate 0.281 1
1
<2 Low 0.171 5 1 5 2-5
<2 Moderate 0.321 1
<2 Moderate 0.281
1
<2 Low 0.101 3 1 8 4-6
<2 Moderate 0.101 1
1
1
<2 Low 0.101 2 1 8 2-4
<2 Low 0.101 1
----I
1
<2 Low 0.241 1 1 4 2-4
<2 Low 0.151 1
----1
I
I
1
1
Low 0.171 3 1 3 2-4
0.201 1
0.151 1
Low 0.101 1
1 1
In 1 Pct I g/cc I In/hr
0-5
5-10
10-60
0-10
10-27
27-60
0-10
10-27
27-60
0-8
8-26
26-60
0-23
23-48
48-60
0-12
12-18
18-42
42-60
0-12
12-18
18-42
42-60
0-31
31-48
48-60
0-24
24-60
0-10
10-30
30
0-8
8-14
14
0-10
10-24
24-30
30-60
See footnote at
8-1711.40-1.50
20-3511.35-1.40
35-4511.35-1.45
I
15-2711.35-1.40
35-5011.35-1.45
30-4511.35-1.45
1
15-2711.35-1.40
35-5011.35-1.45
30-4511.35-1.45
1
20-2511.15-1.25
20-3511.25-1.40
10-2011.35-1.50
I
1
15-2511.35-1.45
28-3511.40-1.50
28-3511.40-1.45
1
15-2511.25-1.30
10-2511.40-1.50
20-3511.25-1.40
20-3511.25-1.40
1
I
15-2511.25-1.30
10-2511.40-1.50
20-3511.25-1.40
20-3511.25-1.40
I
10-2511.25-1.35
20-3511.20-1.30
20-3511.25-1.35
I
20-2711.35-1.40
35-4511.15-1.20
I
1
15-2511.35-1.45
10-2511.40-1.50
I
18-2511.35-1.45
16-2011.35-1.45
10-2011.45-1.55
18-3511.40-1.50
15-2511.40-1.55
0-2 11.60-1.70
1
end of table.
2.0-6.0
0.2-0.6
0.06-0.2
0.6-2.0
0.06-0.2
0.06-0.2
0.6-2.0
0.06-0.2
0.06-0.2
0.6-2.0
0.6-2.0
2.0-6.0
0.6-2.0
0.2-0.6
0.2-0.6
2.0-6.0
0.6-2.0
0.6-2.0
0.6-2.0
2.0-6.0
0.6-2.0
0.6-2.0
0.6-2.0
0.6-2.0
0.2-0.6
0.2-0.6
0.6-2.0
0.06-0.2
0.6-2.0
0.6-2.0
0.6-2.0
0.6-2.0
2.0-6.0
0.6-2.0
2.0-6.0
6.0-20
I
0.10-0.1416.6-7.3
0.13-0.1616.6-7.3
0.13-0.1617.9-8.4
1
0.17-0.2116.6-7.8
0.13-0.1616.6-7.8
0.13-0.1617.9-8.4
1
0.17-0.2116.6-7.8
0.13-0.1616.6-7.8
0.13-0.1617.9-8.4
I
0.17-0.1917.4-8.4
0.19-0.2117.4-9.0
0.13-0.151 >7.8
I
I
0.14-0.1616.1-7.3
0.12-0.1616.1-7.3
0.17-0.2016.1-7.3
1
0.16-0.1816.1-7.3
0.14-0.1716.1-7.3
0.18-0.2016.1-7.3
0.12-0.1516.1-7.8
I
1
0.16-0.1816.1-7.3
0.14-0.1716.1-7.3
0.18-0.2016.1-7.3
0.12-0.1516.1-7.8
1
0.14-0.1616.1-7.3
0.17-0.2016.1-7.3
0.10-0.1216.1-7.3
1
0.09-0.1216.6-7.3
0.07-0.1115.6-6.5
1
I
0.07-0.0917.4-8.4
0.06-0.0917.9-8.4
1
0.12-0.1417.9-8.4
0.08-0.1217.9-8.4
1
I
1
1
0.12-0.1417.4-7.8
0.11-0.1317.4-7.8
0.07-0.0917.9-8.4
0.03-0.0517.9-8.4
1
<2
<2
<2
<2
Moderate
Low
TABLE 16. --SOIL AND WATER FEATURES
("Flooding" and "water table" and terms such as "rare," "brief," and "apparent" are explained in the text. The symbol < means
less than; > means more than. Absence of an entry indicates that the feature is not a concern or that data were not
estimated)
I I
Soil name and 1 Hydro- 1
map symbol 1 logic 1 Frequency
group 1
Flooding I High water table
1 1
1 Duration 'Months 1 Depth 1 Kind 'Months
1, 2
Acree
3, 4, 5
Acree
6, 7
Almy
8*, 9*:
Ansel
Anvik
10*, 11*:
Anvik
Skylick
Si1gt1ng
12*:
Arle
Ansari
Rock outcrop.
13*:
Atencio
Azeltine
14*:
Callings
Yeljack
15*, 16*:
Charcol
Mord
c
C
B
B
B
B
B
C
C
D
B
B
C
B
B
C
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
See footnote at end of table.
Ft
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
>6.0
Bedrock 1 I Risk of corrosion
1 I Potential 1
DepthlHard- 1 frost 'Uncoated 'Concrete
1 ness 1 action 1 steel
In 1
>60
>60
>60
>60
>60
>60
>60
>60
20-90
10-20
>60
>60
>60
>60
>60
>60
Soft
Hard
Low
Low
Low
Moderate
Moderate---
Moderate---
Moderate---
Moderate---
Low
Low
Low
Low
Moderate---
Moderate---
Low
Moderate ---
High
High
High
Moderate
Moderate
Moderate
Moderate
Moderate
High
High
High
High
Moderate
Moderate
Moderate
Moderate
Low.
Moderate.
Low.
Low.
Low.
Low.
Low.
Moderate.
Low.
Low.
Low.
Low.
Low.
Low.
Moderate.
Low.
opemoo 'eeJy wnsdito-uedsy
Aspen -Gypsum Area, Colorado 39
Suitable management practices include proper
grazing use and a planned grazing system. The
suitability of this soil for range seeding is poor. The
main limitation is the slope. The slope limits access by
livestock. The limited accessibility results in overgrazing
of the less sloping areas.
This unit is poorly suited to homesite development.
The main limitation is the slope.
This map unit is in capability subclass Vile,
nonirrigated. It is in the Deep Loam range site.
41—Evanston loam, 45 to 65 percent slopes. This
deep, well drained soil is on alluvial fans, terraces, and
valley sides. It formed in mixed alluvium. Elevation is
6,500 to 8,000 feet. The average annual precipitation is
13 to 15 inches, the average annual air temperature is
42 to 46 degrees F, and the average frost -free period is
80 to 90 days.
Typically, the surface layer is brown loam about 12
inches thick. The subsoil is clay loam about 13 inches
thick. The substratum to a depth of 60 inches or more is
loam.
Included in this unit are small areas of Tridell soils,
areas of Evanston soils that have slopes of less than 45
percent, and small areas of Rock outcrop. Included
areas make up about 15 percent of the total acreage.
Permeability is moderate in this Evanston soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate or severe on the
steeper slopes.
This unit is used mainly as rangeland. It also is used
as wildlife habitat.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheatgrass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are also
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre. If the range
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
Suitable management practices include proper
grazing use and a planned grazing system. The
suitability of this soil for range seeding is poor. The
main limitation is the slope. The slope limits access by
livestock. The limited accessibility results in overgrazing
of the less sloping areas.
This unit is poorly suited to homesite development.
The main limitation is the scope.
This map unit is in capability subclass Vile,
nonirrigated. It is in the Deep Loam range site.
42—Fluvaquents, 0 to 10 percent slopes. This
broadly defined unit consists of deep, somewhat poorly
drained, nearly level soils on flood plains and alluvial
valley floors. These soils formed in alluvium.
Fluvaquents are stratified and vary widely in texture
and in depth to sand, gravel, and cobbles. Typically, the
surface layer ranges from loamy sand to fine sandy
loam or from silt loam to clay loam. The underlying
layers are generally sandy loam or loam stratified with
sand, gravel, and cobbles. In some areas gravel and
cobbles are on or near the surface.
The water table fluctuates between depths of 0.5 foot
and 2.0 feet during spring and summer. These soils are
occasionally flooded for brief periods in late spring and
early summer.
Included in this unit are small, isolated areas of
Redrob soils. Also included are small, isolated areas
where water stands at or near the surface all year.
These water areas are identified by a special symbol on
the soil maps. Included areas make up about 15
percent of the total acreage.
These soils are used for wildlife habitat, recreational
development, or grazing. The native vegetation is
mainly cottonwood, willow, water -tolerant grasses,
sedges, and rushes. Mule deer, cottontail rabbit, coyote,
and bobcat and ducks, geese, and other native birds
find food and shelter on these soils. Where feasible,
planting small grain, trees, and shrubs improves the
habitat for upland wildlife.
This unit is poorly suited to homesite development.
The main limitations are the flooding and the seasonal
high water table.
This map unit is in capability subclass VIw,
nonirrigated. It generally is in the Riverbottom range
site. At the higher elevations, however, it is in the
Mountain Meadow range site.
43—Forelle-Brownsto complex, 6 to 12 percent
slopes. This map unit is on mountains and benches.
Elevation is 6,500 to 7,500 feet. The average annual
precipitation is 12 to 14 inches, the average annual air
temperature is 40 to 44 degrees F, and the average
frost -free period is 85 to 105 days.
This unit is about 55 percent Forelle soil and 30
percent Brownsto soil.
Included in this unit are small areas of Tridell soils on
knolls, Mussel and Morval soils in swales, and basalt
Rock outcrop. Also included are small areas of soils
that are similar to the Forelle and Brownsto soils but
have soft bedrock below a depth of 40 inches. Included
areas make up about 15 percent of the total acreage.
The Forelle soil is deep and well drained. It formed in
mixed alluvium derived dominantly from sedimentary
156
TABLE 5. --LAND CAPABILITY CLASSES AND YIELDS PER ACRE OF CROPS --Continued
Soil Survey
Soil name and
map symbol
I 1
I Land 1 Alfalfa hay
I capability)
I
Grass hay Barley
I N I I 1 N
I
N I N I
I
42
Fluvaquents
43
Forelle-Brownsto
44
Forelle-Brownsto
45
Forsey
46
Forsey
47
Forsey
48
Fughes
49
Goslin
50
Goslin
51
Gothic
52 -
Gothic
53
Gothic
54
Grotte
55
Gypsum land-Gypsiorthids
56
Ipson
57
Ipson
58
Irrawaddy
59
Iyers
60
Iyers
61
Iyers
VIw
IVe
VIe
VIe VIe
VIe
VIIe
IVe IVe
IVe IVe
VIe VIe
VIe VIe
VIe VIe
VIIe
VIIe
VIII
VIe
VIIe
VIIe
VIe
VIIe
VIe
See footnote at end of table.
1 Tons
4.0
4.0
Tons
5.0
4.0
4.0
Tons Tons Bu
4.0
3.5
3.0
3.5
3.5
Bu
75
! •
164
Soil Survey
TABLE 6. --RANGELAND AND WOODLAND UNDERSTORY PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES --Continued
Soil name and
map symbol
33*:
Earsman
Rock outcrop.
34, 35, 36
Empedrado
37
Etoe
38, 39, 40, 41
Evanston
42*
Fluvaquents
43*, 44*:
Forelle
Brownsto
45, 46, 47
Forsey
I Total production I I
Range or woodland site I I I Characteristic vegetation (Compo_
'Kind of year I Dry I Isition
'weight I I
Pinyon -Juniper
Deep Loam #292
Douglas Fir
Deep Loam #292
Riverbottom
Rolling Loam #298
Stony Foothills #287
Stony Loam #237
See footnote at end of table.
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
Favorable
Normal
Unfavorable
ILb/acrel 1 Pct
600
500
400
1,800
1,500
1,000
400
250
150
1,800
1,500
900
Favorable 3,000
Normal 2,500
Unfavorable 1,000
Favorable 1,200
Normal 800
Unfavorable 600
Favorable 800
Normal 600
Unfavorable 400
Favorable
Normal
Unfavorable
2,000
1,200
1,000
Gambel oak
Muttongrass
Needleandthread
Saskatoon serviceberry
Western wheatgrass
Bluebunch wheatgrass
Bottlebrush squirreltail
Indian ricegrass
Prairie junegrass
True mountainmahogany
Western wheatgrass
Needleandthread
Mountain big sage
Gambel oak
Rubber rabbitbrush
Columbia needlegrass
Grouse whortleberry
Mountain snowberry
Nodding bromegrass
Kinnikinnick
Common juniper
Boxleaf myrtle
Basin big sagebrush
Needleandthread
Western wheatgrass
Prairie junegrass
Muttongrass
Saskatoon serviceberry
Mountain snowberry
Alkali sacaton
Sedge
Western wheatgrass
Inland saltgrass
Western wheatgrass
Bluebunch wheatgrass
Indian ricegrass
Douglas rabbitbrush
Wyoming big sagebrush
Bluebunch wheatgrass
Western wheatgrass
Bottlebrush squirreltail
Needleandthread
Indian ricegrass
Pinyon
Utah juniper
Bluebunch wheatgrass
Saskatoon serviceberry
Muttongrass
Arizona fescue
Needleandthread
Basin big sagebrush
Prairie junegrass
15
10
10
10
10
5
5
5
5
5
25
15
10
5
5
15
15
10
5
5
5
5
10
10
10
5
5
5
5
40
15
15
10
40
20
5
5
10
10
10
5
5
5
5
5
20
15
10
5
5
5
5
• •
Aspen -Gypsum Area, Colorado 177
TABLE 8. --RECREATIONAL DEVELOPMENT --Continued
Soil name and
map symbol
Camp areas
Picnic areas
1
1 Playgrounds
I
Paths and trails)
I
I
Golf fairways
35
Empedrado
36
Empedrado
37
Etoe
38
Evanston
39
Evanston
40, 41
Evanston
42*
Fluvaquents
43*:
Forelle
Brownsto
44*:
Forelle
Brownsto
95
Forsey
46
Forsey
47
Forsey
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
dusty.
Severe:
slope.
Severe:
slope.
Severe:
flooding,
wetness.
Moderate:
slope,
dusty.
Moderate:
slope,
small stones.
Severe:
slope.
Severe:
slope.
Moderate:
large stones.
Severe:
slope.
Severe:
slope.
See footnote at end of table.
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
dusty.
Severe:
slope.
Severe:
slope.
Severe:
wetness.
Moderate:
slope,
dusty.
Moderate:
slope,
small stones.
Severe:
slope.
Severe:
slope.
Moderate:
large stones.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
slope,
dusty.
Severe:
slope.
Severe:
slope.
Severe:
wetness.
Severe:
slope.
Severe:
slope,
small stones.
Severe:
slope.
Severe:
slope,
small stones.
Severe:
large stones,
slope,
small stones.
Severe:
large stones,
slope,
small stones.
Severe:
large stones,
slope,
small stones.
Slight
Moderate:
slope.
Severe:
slope,
erodes easily.
Moderate:
dusty.
Moderate:
slope,
dusty.
Severe:
slope.
Severe:
wetness.
Moderate:
dusty.
Slight
Moderate:
slope,
dusty.
Moderate:
slope.
Moderate:
large stones.
Moderate:
large stones,
slope.
Severe:
slope.
Moderate:
large stones,
slope.
Severe:
slope.
Severe:
slope.
Slight.
Severe:
slope.
Severe:
slope.
Severe:
wetness.
Moderate:
large stones,
slope.
Moderate:
small stones,
droughty,
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones.
Severe:
large stones,
slope.
Severe:
large stones,
slope.
186
i •
TABLE 9. --WILDLIFE HABITAT --Continued
Soil name and
map symbol
Potential for habitat elements
Soil Survey
Potential as habitat for --
1 Grain I 1 Wild I I I 1 I Open- Wood -
I and 'Grasses I herba-IConif- 'Shrubs I WetlandlShallow I land land IWetlandl Rland_
I seed I and I ceousl erous 1 I plants ' water 1 wild- wild- I wild- wid-
I land
'
I crops (legumes I plantslplants I I I areas
I life I life ' life I life
I I I I I I
33* I I 1 I I I
I I I I I I
Earsman (Poor (Fair Fair Poor (Fair y IVery IPoor
I I 'Ver
I I poor. I poor. 1
Rock outcrop. I 1 I I 1 I
I 1
34, 35, 36 (Poor (Poor Fair IFair 'Very 'Ver
Empedrado I I Y IFair ---
� I I 1 poor. I poor. 1
37 1 I I I
Etoe (Very IVery Good Good 'Good 'Very 'Very (Poor
I poor. IFair'
poor. I 1 poor. I poor. I
1 1I I I
38 IPoor Fair Poor
Evanston 'Poor Fair I (
1 I I poor. I
(Very 'Poor ---
I
I I
1 I I I
39, 40, 41 'Poor (Poor Fair
Evanston 'Fair Very 'Very (Poor
1 1 1 1 . ' ---
poor.
I I poor. I
2*
4Fluvaquents iPoor iPoor Fair I IFair IFair 'Poor Poor(
43*, 44*: I 1 1 1 I
Forelle1 1 1
'Poor 'Poor Fair IFair I
(Very (Very (Poor I ---
1 I I poor. I poor. 1
I 1 I I
Brownsto (Poor IFair Fair IFair 'Ver
I I Y (Very 'Fair ' ---
1 I 1 I poor. I poor. I
45, 46, 47 I I 1 1
Forsey IPoor
(Fair Fair Poor IFair 'Very 'Very IFair Fair
1 I
I I 1 I poor. I poor. I
48
I I I I
IPoor (Good 'Ver
Fughes 1 !Poor Good y 'Very IFair
I I I I poor. 1 poor. 1
9 I
4Goslin 'Fair 'Good Fair IFair 'Poor 'Very IFair
I I I I I poor. 1
50
I I
Poor IVery IPoor
1
iPoor Fair
'Fair
IVery
Goslin
1 1 I I poor. I poor. 1
1 I
51, 52 IPoor 'Poor Good IFair 'Very 'Very IPoor
Gothic 1
1 poor. 1 poor. I
I1 1
53 'Ver y I I
Y 'Ver Good
Gothic IFair 'Very 'Very 'Poor
I poor. 1 poor.
I I I poor. I poor.
54'VerY 'Very FairI I I I
Poor IFair 'Very 'Very I 'Very
Grotte 1 poor 1 poor.
I poor. poor. I poor.
55*: � 1 I I 1
Gypsum land. 1 I I I I I
I I I I I I
Gypsiorthids !Very 'Very Poor IPoor IPoor 'Ver I
1 poor. I poor. Y 'Very 1 ---
I l 1 I I poor. 1 poor.
I I
SIpson iPoor 'Poor Fair 'Fair 'Very 'Very !Poor 1 ---
I I I poor. 1 poor. I
1 I
SIpson IVery 'Very Fair IFair IVery IVery 'Poor ---
I poor. I poor. 1
I I I I poor. 1 poor. I
I I I I
See footnote at end of table.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Fair
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Very
poor.
Fair.
Fair.
Fair.
Fair.
Poor.
Fair.
Fair.
Fair.
Good.
Fair.
Fair.
Fair.
Fair.
Poor.
Fair.
Fair.
194
TABLE 10. --BUILDING SITE DEVELOPMENT --Continued
Soil Survey
Soil name and
map symbol
Shallow I
excavations I
Dwellings
without
basements
Dwellings
with
basements
Small
commercial
buildings
Local roads
and streets
Lawns and
landscaping
34
Empedrado
35
Empedrado
36
Empedrado
37
Etoe
38
Evanston
39, 40, 41
Evanston
42*
Fluvaquents
43*:
Forelle
Brownsto
44*:
Forelle
Brownsto
95
Forsey
46, 47
Forsey
48
Fughes
49
Goslin
50
Goslin
Slight
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
cutbanks cave,
wetness.
Moderate:
slope.
Severe:
cutbanks cave.
Severe:
slope.
Severe:
cutbanks cave,
slope.
Moderate:
large stones.
Severe:
slope.
Moderate:
too clayey.
Slight
Severe:
slope.
See footnote at end of table.
Slight Slight Moderate:
slope.
Moderate: Moderate: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
slope. slope. slope.
Slight Slight Slight
Severe: Severe: Severe:
slope. slope. slope.
Severe: Severe: Severe:
flooding, flooding, flooding,
wetness. wetness. wetness.
Moderate: Moderate: Severe:
slope. slope. slope.
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
large stones.
Severe:
slope.
Severe:
shrink -swell.
Slight
Severe:
slope.
Moderate: Severe:
slope. slope.
Severe:
slope.
Severe:
slope.
Moderate:
large stones.
Severe:
slope.
Severe:
shrink -swell.
Slight
Severe:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
slope,
large stones.
Severe:
slope.
Severe:
shrink -swell.
Moderate:
slope.
Severe:
slope.
Moderate:
frost action.
Moderate:
slope,
frost action.
Severe:
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
wetness,
flooding,
frost action.
Moderate:
slope.
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
frost action,
large stones.
Severe:
slope.
Severe:
shrink -swell,
low strength.
Slight
Severe:
slope.
Moderate:
large stones.
Moderate:
large stones,
slope.
Severe:
slope.
Severe:
slope.
Slight.
Severe:
slope.
Severe:
wetness.
Moderate:
large stones,
slope.
Moderate:
small stones,
droughty,
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones.
Severe:
large stones,
slope.
Moderate:
large stones.
Slight.
Severe:
slope.
204
• •
TABLE 11. --SANITARY FACILITIES --Continued
Soil Survey
Soil name and
map symbol
Septic tank 1 Sewage lagoon
absorption 1 areas
fields
29*, 30*:
Rock outcrop.
31
Dot sero
32
Dot sero
33*:
Earsman
Rock outcrop.
34
Empedrado
35
Empedrado
36
Empedrado
37
Etoe
38
Evanston
39, 40, 41
Evanston
42*
Fluvaquents
43*:
Forelle
Brownsto
44*:
Forelle
Brownsto
Severe:
slope.
Slight
Severe:
depth to rock,
slope.
Slight
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
percs slowly.
Severe:
slope.
Severe:
flooding,
wetness,
poor filter.
Moderate:
peres slowly,
slope.
Moderate:
slope.
Severe:
slope.
Severe:
slope.
See footnote at end of table.
Severe:
seepage,
slope.
Severe:
seepage.
Severe:
seepage,
depth to rock,
slope.
Severe:
seepage.
Severe:
seepage,
slope.
Severe:
seepage,
slope.
Severe:
slope.
Moderate:
seepage,
slope.
Severe:
slope.
Severe:
seepage,
flooding.
Severe:
slope.
Severe:
seepage,
slope.
Severe:
slope.
Severe:
seepage,
slope.
I I
Trench I Area I Daily cover
sanitary 1 sanitary I for landfill
landfill ! landfill I
Severe:
seepage,
slope.
Severe:
seepage.
Severe:
depth to rock,
slope.
Severe:
seepage.
Severe:
seepage.
Severe:
seepage,
slope.
Severe:
slope,
large stones.
Slight
Severe:
slope.
Severe:
flooding,
seepage,
wetness.
Moderate:
slope.
Moderate:
slope,
too sandy.
Severe:
slope.
Severe:
slope.
Severe:
seepage,
slope.
Severe:
seepage.
Severe:
depth to rock,
slope.
Severe:
seepage.
Severe:
seepage.
Severe:
seepage,
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
flooding,
seepage,
wetness.
Moderate:
slope.
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Poor:
slope.
Fair:
small stones.
Poor:
area reclaim,
small stones,
slope.
Fair:
small stones.
Fair:
small stones,
slope.
Poor:
slope.
Poor:
large stones,
slope.
Good.
Poor:
slope.
Poor:
seepage,
too sandy,
small stones.
Fair:
slope.
Poor:
small stones.
Poor:
slope.
Poor:
small stones,
slope.
• •
Aspen -Gypsum Area, Colorado 215
TABLE 12. --CONSTRUCTION MATERIALS --Continued
I I
Soil name and I Roadfill I
map symbol I
Sand
Gravel
Topsoil
30*•
Dollard
Rock outcrop.
3.
Cotsero
32
Dot sero
33*:
Earsman
Rock outcrop.
34, 35
Empedrado
36
Empedrado
37
Etoe
38
Evanston
39
Evanston
40, 41
Evanston
42*
Fluvaquents
43*:
Forelle
Brownsto
44*:
Forelle
Poor:
area reclaim,
slope.
Fair:
slope.
Good
Poor:
area reclaim,
slope.
Good
Fair:
slope.
Poor:
slope.
Good
Fair:
slope.
Poor:
slope.
Poor:
wetness.
Good
Good
Fair:
slope.
See footnote at end of table.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines,
large stones.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Probable
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines,
large stones.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Probable
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Poor:
slope.
Poor:
small stones,
slope.
Poor:
small stones.
Poor:
area reclaim,
small stones,
slope.
Poor:
small stones.
Poor:
small stones,
slope.
Poor:
small stones,
area reclaim,
slope.
Good.
Poor:
slope.
Poor:
slope.
Poor:
too sandy,
small stones,
area reclaim.
Fair:
too clayey,
small stones,
slope.
Poor:
small stones,
area reclaim.
Poor:
slope.
Aspen -Gypsum Area, Colorado 225
TABLE 13. --WATER MANAGEMENT --Continued
Soil name and
map symbol
Limitations for --
Features affecting --
Pond
reservoir
areas
1 Embankments,
1 dikes, and
I levees
Drainage 1 Irrigation
Terraces
and
diversions
Grassed
waterways
26*, 27*, 28*:
Dahlquist
Southace
29*, 30*:
Dollard
Rock outcrop.
31
Dotsero
32
Dotsero
33*:
Earsman
Rock outcrop.
34
Empedrado
35, 36
Empedrado
37
Etoe
38
Evanston
39, 40, 41
Evanston
42*
Fluvaquents
43*, 44*:
Forelle
Brownsto
Severe:
seepage,
slope.
Severe:
seepage,
slope.
Severe:
slope.
Severe:
seepage,
slope.
Severe:
seepage.
Severe:
depth to rock,
slope.
Severe:
seepage.
Severe:
seepage,
slope.
Severe:
slope.
Moderate:
seepage,
slope.
Severe:
slope.
Severe:
seepage.
Severe:
slope.
Severe:
seepage,
slope.
See footnote at end of table.
Severe:
seepage,
large stones.
Severe:
seepage,
large stones.
Severe:
thin layer.
Severe:
seepage.
Moderate:
seepage.
Severe:
thin layer.
Severe:
piping.
Severe:
piping.
Severe:
large stones.
Severe:
piping.
Severe:
piping.
Severe:
seepage,
wetness.
Severe:
piping.
Severe:
seepage.
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Deep to water
Flooding,
large stones,
frost action.
Deep to water
Deep to water
Slope,
large stones,
droughty.
Slope,
large stones,
droughty.
Peres slowly,
depth to rock.
Droughty,
slope.
Droughty,
slope.
Droughty,
depth to rock,
slope.
Slope
Slope
Slope,
large stones,
erodes easily.
Slope
Slope
Slope,
wetness,
droughty.
Slope
Slope,
droughty,
soil blowing.
Slope, IToo arid,
large stones, I large stones,
too sandy. I slope.
Slope, IToo arid,
large stones, 1 large stones,
too sandy. I slope.
Slope, ISlope,
depth to rock,) erodes easily,
erodes easily.) depth to rock.
Slope ISlope,
I droughty.
Favorable IDroughty.
Slope, (Large stones,
large stones, I slope,
depth to rock.) droughty.
Favorable IFavorable.
Slope !Slope.
1
Slope, ILarge stones,
large stones, I slope,
erodes easily.) erodes easily.
1
Erodes easily IToo arid,
1 erodes easily.
Slope, IToo arid,
erodes easily.) slope,
I erodes easily.
Large stones, 'Large stones,
wetness. 1 wetness.
Slope, IToo arid,
erodes easily.1 slope,
I erodes easily.
1
Slope, IToo arid,
too sandy, I slope,
soil blowing. I droughty.
236
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
Soil Survey
Soil name and
map symbol
1Depth
USDA texture
Classification IFrag-
I Iments
Unified 1 AASHTO
Percentage passing 1
sieve number-- (Liquid I Plas-
I > 3 1
'inches l 4
37
Etoe
38, 39
Evanston
40, 41
In
0-8
8-24
24-60
-I 0-14
114-31
131-60
Evanston
42*
Fluvaquents
43*, 44*:
Forelle
Brownsto
45, 46, 47
Forsey
I 0-12
112-25
125-60
I 0-10
1
124-60
1
1
1
1
13
10-24
Loam
Stratified very
cobbly fine
sandy loam to
extremely cobbly
sandy clay loam.
Extremely cobbly
sandy clay loam,
extremely stony
sandy clay loam,
extremely stony
loam.
Loam
Loam, clay loam
Loam
Loam
Loam, clay loam
Loam
Variable
Stratified clay
to gravelly
sand.
Very gravelly
sand, gravelly
sand.
0-6 Loam
6-30 Clay loam, loam,
sandy clay loam.
0-60 Loam, sandy clay
loam, clay loam.
1 0-4
14-11
111-30
130-60
0-10
110-22
1
22-60
Gravelly sandy
loam.
Gravelly loam ----
Very gravelly
sandy loam.
Gravelly sandy
loam, very
gravelly loamy
sand, very
gravelly sandy
loam.
obbly loam
Very cobbly loam,
very cobbly clay
loam.
Very cobbly sandy
loam, very
cobbly loam,
very cobbly
sandy clay loam.
See footnote at end of table.
CL -ML IA -4
SM -SC, IA -2
GM -GC 1
1
1
GC, GP -GC IA -2
1
1
1
1
IA -4
IA -6
IA -4
ML
CL
CL -ML
ML
CL
CL -ML
•I
IA -4
IA -6
IA -4
SM, ML, IA -2, A-4,
CL, SC 1 A-6
SM, ML, IA -2, A-4,
CL, CL -MLI A-6
IA -1
1
1
CL -ML, ML IA -4
CL IA -6
CL -ML, CL IA -4, A-6
SM, GM, IA -2
SM -SC,
GM -GC
SM -SC, IA -4
GM -GC
GM, GM -GC
GP, SP,
SP -SM,
GP -GM
SM, GM
SM -SC,
CL -ML
GM -GC, GC
1
IA -1, A-2
IA -2, A-1
IA -4
IA -4,
GM, GM-GC,IA-1,
SM -SC, SMI
1
1
A-6
A-2
Pct
I limit 1 ticity
10 40 200 I 1 index
I I
0-10 185-100180-100
30-60 50-75 45-70
40-80 125-35 115-30
0 195-100195-100
0 195-100195-100
0 195-100195-100
1
0 195-100195-100
0 195-100195-100
0 195-100195-100
0-10 190-95 185-95
I I
0-20 165-85 160-80
10-30 140-80 130-70
1
0-10 85-100185-100
0-10 85-100185-100
1
0-10 85-100185-100
1
0-5 60-80 150-75
1
0-5 60-80 150-75
0-5 50-60 140-50
0-5 40-80 135-75
1
20-35 75-90 170-85
1
30-50 50-65 145-60
35-50 50-70 145-65
1
1
1
70-95
40-55
10-25
70-85
70-90
65-85
50-70
30-35
5-15
150-70
150-70
150-60
70-85 150-70
70-90 150-70
65-85 150-60
1
55-65 120-60
45-70 130-60
10-25 1 0-10
1
1
75-100155-75
80-100150-80
75-100155-75
40-55 125-35
1
1
40-60 135-50
30-40 115-25
25-55 110-35
1
60-75 145-60
40-60 135-50
1
30-55 115-35
1
1
I Pct 1
20-30
20-30
30-35
30-35
25-35
20-30
30-35
25-35
20-30
15-30
25-35
5-10
5-10
10-15
5-10
10-15
5-10
5-10
10-15
5-10
NP -15
NP -15
NP
25-35 5-10
25-35 10-15
25-35 5-15
20-30 NP -10
25-30
20-30
25-30
25-35
20-30
5-10
NP -10
NP
5-10
5-15
NP -10
4
• •
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Don DeFord
Garfield County Attorney
109 Eighth Street
Glenwood Springs, CO 81601
Eric D. McCafferty
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
October 25, 1995
HAND DELIVERED
HAND DELIVERED
Re: Spear Subdivision Exemption Application
Gentlemen:
This letter addresses certain items on the Spear Subdivision Exemption Application. In
this letter, the land proposed for exemption from subdivision regulations will be called the
"exempt lot" and the balance of the acreage owned by the Spears will be called the "residual
property" .
1. The Spears acknowledge Garfield County will not consent at this time to access
to County Road 117 at the south end of the exempt lot or by virtue of their subdivision
exemption application. A plat note on the exemption plat may be inserted for that purpose. For
your information, the Spears wish to reserve a 60 foot access easement for roadway and utility
purposes across the exempt lot simply to provide for a potential alternate access to the residual
property if future events require, but not as a primary access.
2. Primary access to the residual property will be through an existing gate, just north
of the silo foundation and south of the white shed. This route will not impact the exempt lot.
The gate has been there for a substantial period of time and has been historically used for
general access to the residual property. It is the most appropriate location for such access, since
the other access points are immediately adjacent to the house located on the exempt lot.
3. Kerry Sundeen is obtaining water quality testing for the Johnson Spring and should
confirm sufficient water quantity with one-half of the Johnson Spring allocated to the exempt lot
11 \JRS\SPL AR\DEFORD.2
• •
October 25, 1995
Page -2-
and the balance retained by the Spears for the residual property. Mr. Sundeen's letter on that
matter will be provided as soon as the laboratory test results are available.
4. The Spears will provide a 10 foot easement along the centerline of the pipeline
to the Johnson Spring for the benefit of the exempt lot, along with a 20 foot radius around the
spring site. Upon exemption approval, a spring sharing agreement will be prepared for approval
by the County attorney.
5. Mr. and Mrs. Spear will submit an Affidavit on their title to the Johnson Spring,
other water rights and the minerals appurtenant to the property. Please note the mineral
reservations in the deeds previously submitted were time limited. In fact, all mineral
reservations expired on November 24, 1968.
6. Mr. and Mrs. Spear have no knowledge of the size or other characteristics of the
septic system for the existing improvements, since it was in place when they purchased the
property. They do know is that it has worked satisfactorily during their period of ownership.
In addition, there is a sufficient area available for another leach field if replacement is necessary
at some future date. The Spears agree that any future relocation of the waste water system
should be subject to engineering certification for same.
7. Finally, the log building in place on the residual property has not and will not be
used for habitation until a building permit is obtained. Mr. Spear clarified that position in a
letter dated on or about December 1, 1992, and addressed to Mr. Michael Watt of the zoning
enforcement section.
If there is any additional information or other requirement for this Application, please
advise at your first convenience.
JRS/ts
cc: Mr. and Mrs. Eugene Spear
Mr. Kerry Sundeen
11:\IRS\SPE R\DEPORD.2
Very truly yours,
JOHN i . SCHENK
• •
GARFIELD COUNTY
Building and Planning
October 25, 1995
King Lloyd
Garfield County Road and Bridge Department
1015 School Street
Glenwood Springs, CO 81601
RE: Spear Subdivision Exemption Request
Dear King -
Recently our office received a request for a subdivision exemption from Mr. Eugene Spear on
property he owns along CR 117. Currently, the Planning Department is considering this request and
has begun its analysis.
I conducted a site survey to determine the access that exists to the current lot and also the lot to be
created if this exemption request is granted. It appears this proposal is suggesting a new access be
created approximately 100 feet north of the existing driveway, in the approximate location of the
white shed, on the west side of CR 117. Since this would effectively create another intersection with
CR 117, I would like to get your opinion, approval, or recommendation as far as this is concerned.
Please review this information and contact this office as soon as possible with any comments or
concerns your department has. Thank you.
Sincerel
Eric D. McCafferty
Planner, Garfield County
EDM/edm
Enclosures
109 8th Street, Suite 303
945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601
•
SCHENK, KERST & deWINTER, P.C.
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Don DeFord
Garfield County Attorney
109 Eighth Street
Glenwood Springs, CO 81601
Eric D. McCafferty
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
October 10, 1995
HAND DELIVERED
HAND DELIVERED
OCT7 1
CaNTY
Re: Spear Subdivision Exemption
Gentlemen:
This letter responds to your requests for further information on the Spear Exemption
Application.
1. Type of Exemption. This is not a "natural feature"exemption, but rather the
"normal" exemption.
2. North Boundary of Exempt Lot. The physical location of the north end of the
exempt lot will be north of an old silo foundation and south of the white shed. It will be set at
a distance sufficient to allow adequate road access to the residual parcel along an existing drive.
3. Primary Access to Residual Property. Primary access to the residual parcel will
be provided via the second county road access lying just south of the white shed. The roadway
will proceed in an arc to the existing bridge across Four Mile Creek. This access will be north
of the exempt lot and thus will not require an easement across the exempt lot.
4. Bridge Across Four Mile Creek. The existing bridge was built with steel spans
and heavy cross timbers. It has supported heavy farm equipment and dump trucks in the past
and should support normal farm or construction equipment and emergency loads for the
foreseeable future.
II:VNS\CI'EAR\DEFORD. LIR
•
October 10, 1995
Page -2-
5. Sketch Map. Enclosed in Mr. McCafferty's letter are four (4) copies of a Sketch
Map showing the exempt lot as depicted by James Sexton, Licensed Surveyor. This map is at
the required scale of 1" = 200 feet and has an estimated legal description of the exempt lot.
6. Other Easements. Only two (2) other easements will be required across the
exemption lot, which are:
a. An easement 15 feet in width, which will run from the Johnson Spring to
the exempt lot; and
b. A secondary access and utility easement along the southernmost 60 feet
of the exempt lot to serve the residual property.
7. Vicinity Map. A series of vicinity maps were enclosed with the original
Application. One vicinity map is a direct photocopy of an U.S.G.S. Topographic Survey Map
and shows the entire 81 acre parcel highlighted in yellow. That map has a scale of 1" = 2,000
feet and does show the surrounding area for a distance of at least two (2) miles.
8. Water Rights and Service for the Exempt Lot. The Johnson Spring and Pipeline
was originally adjudicated by Lloyd R. Johnson and Jean L. Johnson of Glenwood Springs to
serve the existing residence. The text of the adjudication of that water right has been previously
submitted. This spring has been utilized since 1909 for the residence on the property. Lloyd
R. Johnson and Jean L. Johnson are predecessors' in title to the Spears. The records of the
Clerk and Recorder of Garfield County were researched in detail. Enclosed are deeds recorded
as Reception Nos. 203913, 206195, 215671 and 232281. These deeds detail the conveyances
from the Johnsons to the Spears. Also enclosed are the deeds recorded as Reception Nos.
178172 and 197425, which describe small conveyances referenced in the primary deeds, but
which did not convey these water rights. Please note that in each of the transactions there was
no reference to the Johnson Spring. However, each of the primary deeds describe all of the
water rights "belonging to, used upon or in connection with the lands above described". Also
enclosed is the deed from the Spears to Faranhyll Ranch Limited Liability Company given in
January of 1993, by which the Spears specifically reserved all interest in the Johnson Spring and
Pipeline. It is our legal opinion, based on the conveyance records and the records of the
Division Engineer, that the Spears own the Johnson Spring and Pipeline and they have a right
to divert .028 c.f.s. of water (12.57 g.p.m.) for domestic, irrigation and other beneficial
purposes.
9. Sharing of the Johnson Spring. The Johnson Spring also serves a small log cabin
on the residual portion and thus will be divided in half between the exempt lot and the residual
parcel.
10. Dependability of Water Supply. Cary Sundeen, an experienced hydrologist, will
provide a report to the County by this Friday indicating that the Johnson Spring is capable of
producing sufficient water for two (2) single family residences.
I I:\IRS\sPEAR \DEFoR".I.'IR
•
October 10, 1995
Page -3-
11. Water Service for the Balance of the Proper. Under the provisions of C.R.S.
37-92-602(1)(b)(II)(A), an owner of a tract of land 35 acres or more in size may obtain an
exempt well permit for ordinary household purposes. Therefore, the owner of the balance of
the property will have a statutory right to drill a domestic water well for that property.
12. Waste Water Disposal. The waste water disposal system used for the present
house is a conventional septic system. It was installed before the Spears purchased the property,
has not been replaced during their ownership, has performed well and has required minimal
service. The size of this system is unknown, but appears to be adequate for this house. The
cabin on the residual parcel has never been occupied as a dwelling, does not have any plumbing
and thus no waste water disposal system.
If there are any other issues to be addressed, please feel free to contact us. Due to the
substantial agricultural commitments this fall, the Spears will be unable to be present. If
necessary, Mr. Spear could be available by telephone at the time of the hearing. It that is
desired, please advise as soon as possible.
Very truly yours,
JOHN R. SCHENK
JRS/clh
Enc.
cc: Mr. and Mrs. Eugene Spear
II:\IRS \ SPEAR \DEFORD. L112
9-7-95
• •
DEPARTMENT OF EMERGENCY SERVICES
Mr. John Schenk
Schenk, Kerst & deWinter
302 Eighth Street, Suite 310
Glenwood Springs, CO. 81601
Dear John,
EMS • FIRE • RESCUE
This letter is in regard to the subdivision exemption proposed by Eugene and Glaphy Spear.
The property is within the boundaries of the Glenwood Springs Rural Fire Protection District
and fire protection and EMS services to the parcels will continue as it does now.
It is understood that no development is proposed at this time for either parcel. If in the future,
development is proposed, the property owners need to be aware that certain requirements of the
District and Uniform Fire Code may be imposed depending on the type of development. If in the
future a development is planned, please see a representative of our department to discuss these
issues.
As it stands at this time, we have no objections to the proposed exemption. If you have any
questions or need our assistance further, please give me a call.
Sincere y,
J. • Jones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
_ /8-4)4'
{' �.
No.
Doc.#16,7172
•
Lloyd R. Johnson and
Jean L. Johnson
•
WARRANTY DEM JOINT 'MAWS
Dated Septem oe 17, 1954
Ac:mo:rledged Sentarber 17,
to 1954 before Emma C. 331anc,
Notary Public,
Garfield County, Colorado
Consideration X10.00
I. R. S. $1.10
Con7eys unto the said parties of the second part, not
in ten.;ncy in common but in joint tenancy, the survivor of them,
their assigns and the heirs and assigns of such survivor forFver,
all the following described lot or parcel of land, situate,lying
and being in the County of Garfield and State of Colorado, to -wit:
A tract of land in the N ,, Section 10, Township 7 South, Range
89 7:est of the Sixth Principal 4eridian, described as follows:
Beginning at a point on the sectitui3kihanbetween `3 c t ions
9 and 10, Township 7 South, Range 89 West of the Sixth Principal
Meridian, 3350.2 feet North of the Southwest correr of Section 10,
Township 7 South, R=1nge 89 West of the Sixth Principal Meridian.
Thence North along the said section line 779.6 feet;
Thence East 2 feet to the westerly right -7f -way line of
the Coulty Road;
Thence along the right-of-way line of the County Road in
a Southeasterly direction to a point from whence the
point of beginning bears South 87°05' West 182.5 feet;
Thence south 87°05' West 182.5 feet to the point of
beginning. Containing 1.57. acres more or less.
Filed for record September 17, 195+ at 3:25 o'clock P.M.,
and recordPd_in kook„.-2at gage S1 thereof.
George U. ?foods and
Elaine Woods
r..
, t~ 3 'i"t C" D, YJa."ai b f is e, sPA7 sl N rwm+Catr
3z i z efr Y.,i-cl cis thosiesad :sibs boors4rri moot f tf ty- 31.z
- LWYr R. JOHNSON and JEAN L. JOHNSON
nd '.tom Crnistrky 4f
+r1 Cunlrjrsclo, lizut art, .basad
•
-JUAN LaANand iLGIman
Garfield
2'rr xr=.i°" Y a' sep.3d &r4 i a t+ ail ^,:r. 2r3s f'xr knaNg ins :txr.OggX-At cc 'rst w zif
Ton Dollars and other good and valuable considerations .1,T4rAfAvcovg
2+ ' 044 poet ie 5 a tie est rent 3a kesle4 yieei4 by etal mid p at4ae the rmeeeoe Veit rneeziot A:wee( 13
y coveslivaromi tee..k-som4m4M,rsd, ; vt 57awt444 bitrIm w'ad, =ad cmid a.rnrrY^vt, rsmd by t r z ea s
r. en t, bealnla, t 71, eoe rfy and tosuirsn d a.rth r o4 the rr1' pert, tsot in tomalley §te oNameset but !a
jthstt t4eleknezi, 4 itrrlaror Slant, *Nob. zare a =A thee !main we.1 suuRivle of math aztrslamr Sees e,�'a13eyF-
!citm deem-ibe d Net or :Novel 5 els 3 cmi.eirttseet .1_7tnt wed being in the Coapaely set
Garfield enact Mats of eileredo,
A tract o1' land situated J.n Lot 2, Section 9 and Lot 2, Section 10) all in
T. 7 Si, R. 69 W. of the 6t41 P.N. and more fully described am follows,
B+ ginning at a point on the Vest lire of said Lot 2, Section 10 khe a tl-
Southwest corner of paid Section 10 bears South 3350.2 feet;
7bence Perth 87'05' East 38.75 fast;
fiance iouth 2'55' East 180,0 feet;
Tana South t37w05' West 180.0 feet;
Thence i arth 2'55' West 180.0 feat;
Thence North 87'05' est 1111.25 feet to the point of beginning,
Ccntainl 75/100 of an :ycre, more or leas.
Also Y;ereitor.7 conveying a right of-,mxi of-,mor easement fol.' a rctdw y to be weed in
comman with first parties along, over arra acrosi a. tract of land described
al folio e?
A tract of land situated in Lots 1 and 2, Section 9, T. 7 S., R. 89 W,
of the 6th P.M. and more fully described as folic -Tat
Beginning ata point on the East line of said Lot 2 whence the Sots; he iat
Corner cf Sectic i 9 boars South 3350„2 feet;
Thence North 56h00 f et to the Southerly liras of County Rceij
Thence South 87'05' 'lest 60 feet alarm Southerly lin, of County Road;
Thence South 56h.0 feet;
Thence North d7105' East 60 feet to the point of beginning„
Containing 78/100 of an acre, more car less,
'. -1;.•-
• ,.
i t'i with eel m:ed eivireler ¢ bereatenmentir and a c
z3?Ae�r+taffi�. sad :Se ri,r•+x•s{o.e *fid ��w � 'te is ws�r�
t adoees, re�afteintiar 1 relict, Liareft Liaraad pr Atli ',
sei
a11 oa.6atl., rf. -t, 2it3e, debit and a eeani 'nom et the n*W put 1215 aA' ti Ant 31*lt, epAtert
L 1! , , 'f7! :old tic' tut above botisiateed pi ►' l t molt irl7 e
�eueei. • 4
7.111. W LAZA:YTT DIM —'i, .3 .11'4 2e+rn,..—Drwairm4-I eeinu,ai rig. V.i. al144w.s..., Laval
Nem* 1s24 -4I Moroi 3►t, Owrmr. A+h.
ir
Book 311.
Pa ;e 198
Recorded at 4' .o'clock.,....P....M., .. Jan 2, 195•
Chas. S. Keegan
Reception No 203913
Recorder.
THIS DEED, Made this 2lith day of Noveslber
in the year of our Lord one thousand nine hundred and . fifty—eight
between
',Lam R. JOHNSON and JEAN L. JOHNSON
of the County of Garfield
and State of Colorado, of the first part, and
PAUL SHELLIBARGER and PEARL SHELLABAROMR
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETH, That the said part les of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations
to the said part lee of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby, confessed and acknowledged, ha Te granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
Lots Four (!4) and Six (6), Section Nine (9), Township Seven (7) South, Range
Eighty -Nine (89) West of the 6th Principal Meridian.
P Also that part of the Northwest Quarter of the Southeast Quarter (I S ),
Seetion Nine (9), Township Seven (7) South, Range Eighty -Nine (89) bleat of
the 6th Principal Meridian, lying South and Southeast of a line extended
.fl a'a point 100 feet South of the Northeast Corner of said Northwest
quarter of the Southeast Quarter (M), Southwesterly to a point 100
fest North of the Southwest Corner of said Northwest Quarter of the South -
seat quarter (NW*SNI ), Section, Township and Range aforesaid.
Also, Lote Two (2), Three (3), Fife (5) and Seven (7) in Section Nine (9),
Lots One (1), Two (2), Three (3)p,Foar (4), Five (5), Six (6), Eight (8)
and Nine (9) in Section Ten (10)', Lots One (1), Two (2), Three (3), Five
(5) and Seven (7) in Section Fifteen (15) and Lots One (1) and Two (2) and
the South half of the Northeast Quarter (Sia) and Northwest Quarter of
the Southeast Quarter (MiSZi in Section Sixteen (16), all in Township
Seven (7) South, Range Eighty-nine (89) We et of the Sixth (6th) P.M.
together with the Hardwick Ditch, otherwise known as the R. L. Hardwick
Ditch and the First Enlargement thereof, and their water rights taking
water from Hardwick Gulch ar Overland Gulch, The Doose Ditch and First
Enlargement thereof, and their water rights, taking water from Four Mile
Creeks the Cooley Ditch and its water rights, taking water from Four Mile
Creek, andr and all other ditch and water rights belonging to, used
upen or in connection with the lands above described.
li Together with the Public Domain Gracing rights and privileges connected
with the above described real eetats.
There is excepted from the conveyance of the above deacribed property, those
li certain parcels of land which firet parties have heretofore conveyed out
by the following deeds recorded in the County Clerk and Recorder's office
of Garfield County, Colorado, as Document nuebere 187172 in Book 279 at
Page 569 and 197425 in Book 300 at Page WI
First parties shall reserve an undivided one-half of the income from oil,.
, gas or other minerals produced -and saved from the above described real
prepewtyi for a :period of ten yawls from the date of the execution and
deliver of this warranty deed conveying the real property to the second
parties; and in this connection it is underatoed.and agreed that if no oil,
gas or other minerals are being produced from the said real property in
commercial quantitioa at the end of said 10 year period, any and all rights
of the first parties to said minerals, or the income therefrom, shall cease
and determine.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,anywise
or in a yeast
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part iamof the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances.
w ,.*z:7. ..!—=
?ol . nam^4.-3rdforl-RoI *ow I't,S. ^.o., Miro. Rohlnaon'a Lrsal Blanks, 1324-43 Stout. t., Dxnver, Colorado
Book 314
Pa"e 19$
I!
Recorded at l#. .o'clock.,....P...M., .. Jars 2, 195*..
Chas. S. Keegan
Rection No 203913
Reception _ Reorder.
THIS DEED, Made this 2lith day of fovel'Itber
in the year of our Lord one thousand nine hundred and fifty—eight
between
LLCM) R. JOHNSON and JEAN L. JOHNSON
of the County of Garfield
and State of Colorado, of the first part, and
PAtTL SFIKLABARGER and PEARL SttELLABARGER
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETH, That the said part ie$ of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations
to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby, confessed and acknowledged, ha v9 granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second pert, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying
and being in the County of Garfield
Colorado, to -wit:
and State of
Lots Four (!t) and Six (6), Section Nine (9), Toxnehip Seven (7) South, Range
Eighty -Nine (89) West of the 6th Principal Meridian.
Also that part of the Northwest Quarter of the Southeast Quarter ( SEi),
Section Nine (9), Township Seven (7) Sonth, Range Eighty -Nine (89) West of
the 6th Principal Meridian, lying South and Southeast of a line extended
flnaa a •point 100 feet South of the Northeast Corner of said Northwest
Quarter of the Southsaat Quarter ( a`'si), Southwesterly to a point 100
feet North of the Southwest Corner of said Northwest Quarter of the South-
east Qa.arter (N Sai), Section, Township and Range aforesaid.
Also, Lote Two (2), Three (3), Five (5) and Seven (7) in Section Nine (9),
Lots one (1), Two (2), Three (3),,,,Four (1), Five (5), Six (6), Tight (8)
and Nine (9) in Section Ten (10), Lots One (1), Two (2), Three (3), Five
(5) and Seven (7) in Section Fifteen (15) and Lots Orae (1) and Two (2) and
the South half of the Northeast Quarter (S024) and Northwest Quarter of
the Southeast Quarter ( 3 in Section Sixteen (16), all in Township
Seven (7) Sonth, Range Eighty-nine (89) West of the Sixth (6th) P.M.
together with the Hardwick Ditch, otherwise known as the R. L. Hardeick
Ditch and the First Enlargement thereof, and their water rights taking
water from Hardwick Gulch ar Overland Gulch, The Doose Ditch and First
Enlargement thereof, and their water rights, taking water from Four Mile
Creek, the Cooley Ditch and its water rights, taking water from Four Mile
Creek, and ktny and all other ditch and water rights belonging to, used
upon or in connection with the lands above described.
Together with the Public Domain erasing rights and privileges connected
with the above described real eatate.
There is excepted from the conveyance of the above described property, those
certain parcels of land which first parties have heretofore conveyed out
by the following deeds recorded in the County Clerk and Recorder's office
of Garfield County, Colorado, as Document =lbws 187172 in Boek 279 at
Page 569 and 197425 in Book 300 at Page !t'�
First parties shall reserve an undivided one-half of the income from oil,.
gas or other minerals produced -and saved fro* them above described real
preperty, for a :period of ten years from the date of the execution and
deliver of this warranty deed conveying the real property to the second
parties; and in this connection it is understood .and agreed that if no oil,
gas or other minerals are being produced from the said real property in
commercial quantitiee at the end of said 10 year period, any and all rights
of the first parties to said minerals, or the income therefrom, shall cease
and determine.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part i93of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
1 O. 7 •sS. fir:•.? .:.'? 7,—,•• ' Jol.: T rnnh2s.-3r-.dforl-Rohl-moa rtd. Co.. Miro. Rabla.on'. Legal Blanks, 1324-43 Stout it., D:wvsr, Colorado
II
r1'IIIS DEED,
•
Recorded at 5 o'clock A M., .-.t1-;,lly 244. 1959
etc; .,-1.4“. - 206195__. _
Made this 21.st day of July
in the year of our Lord one thousand nine hundred and fifty—nine
between Paul and Pearl Shellabar,Ter, joint tennants
of the
County of Garfield and State of Colorado, of the first part, and
Ralph E. and Lyle M. Michels, joint tenants
- of the
County of Jefferson and
State of Colorado, of the second part:
Book 319 11
Pages 269
WITNESSETII, That the said part ies of the first part, for and in consideration of the sum of
Fifty—four thousand ($54,000.0?) DOLLARS,
to the said parties of the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part,
heirs and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
Lots 2, 3, 5, and 7, Section u; Lots 1, 2, 3, 4, 5, 6, t' and 9, Section 10;
Lots 1, 2, 3, 5 and '7, .;e»tion 15; Lots 1, 2, N41/4SE1/4, S1/2NE1/ 4 Section 16,
all in Tp. 7 S., rt.,u9 ,., 6th. F. M., Also Lots 4 and 6, Section 9, TP. 7 S.,
R. 89 4. of the 6th. P.M., Also that part of the N41/4SE1/4, Section 9, TP.7 S.,
R. 89 d., of the 6th F'.M., hying South and Southeast of a line extended from a
point 100 feet South of the Northeast Corner of said Nt11/4SE1/4, Southwesterly
to a point 100 feet 'forth of the Southwest corner said N.41/4SE1/4, Section,
Township and :'.anile aforesaid.
Except those portions conveyei cut by Documents Numbers 187172 and 197425.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part 1e3 of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said part les of the second part, the irheirs and assigns forever. And the said part ies of the first part,
for their selves heirs, executors, and administrators, do covenant, grant, bargain, and
agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enseal-
ing and delivery of these presents, they are 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 m inner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, salt.- liens, taxes, assessments and encumbrances of
whatever kind or nature soever. Except schedule A, Dxu. ^.:L 1,;0.03'-:413, Also SchedUle B,
Document No.203914, more 'otely described on the reverse side of this'
instrument.
and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part,
Their heirs and assigns 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 ANI) FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ve
and seal nn the day and year first above written.
STATE OF COLORADO
County of
168.
hereunto set their hand
teZr/�..�.. (SEAL)
.jAr.1 AL)
The fere(t ink; umrnt w acknowledged before met � / 151.4. day of
0-.4.4/A. D. 1941 b7 �c�0-.4.4/V 4,,g lCi��G�X•� l
Oily eoaamlseaissi.„ • /,�,�fir / , 19 . Witn ss my hand and official se
AA
♦ IA G iVq rri.
• ',At!.
h. w s
r..ur,
N
r7sef Isle Record.
tootesal, FAS. Q.., Mfrs. Robinson'. Lows) Blinks. 1112.4-46 Stout Bt., D.nssr, Colo.
tietar; PubLM.
200 k. 319
-
03
r•
1i
itile ,
u 0:' ..'ecertibor 15, l_r7P-).2, recor.ie'i in T -(,.)0k..:•!67 t 'Ir;e
y; p. .! r: fto,i .1r Ift1.• •ttt ! 19r toe C,00n,...7 or Goioracio,
'•.17,-trt 1,e.{1.);• .A 1 i-inr ri onannon to s,„!core trleir j)romissor:." ootp t.
Jit!; j r, 1„ piinn'- 1r invt..n. of Jan jenaaek 60171'0'1-n3'f u2/4 - -11t,11
Hertv,2r, 14-1,;c t.ot,-.• 1-ierft LTI 'inure niTre t
t)
n 1. -rust •itft.• , roc IA t
.•' .•,":?,,r,tt-ty 1.. tnr i,:-;trtt,ta
. ver: r- r :An 1 ;;e-tre ror rwc %!1()'.1.7/111r..1
• 4t `);;; per tinr.wit, in
I I ;0.10t-tn:10, 'du note
t--.tHrt?..tofTt n nt!sttn-f :tny.
tI ..It/..i1 a4.,
l?f1t.'6.tio[1 p 21 1111. „ it A 7
61� (r _ . Y. ....... ...I:11.e k"(i+ r.
THIS DEED, Made this 10th day of November
is the year of our Lord one thousand nide hundred and sixty-one
between
RALPH E. MICHELS and LYLA M. MICHELS
of the County of Garfield
and State of Colorado, of the first part, and
ELWOOD A. GEORGE and SYLVIA L. GEORGE
of the County of Jefferson
and State of Colorado, of the second part:
WITNESSETH, That the said parties of the first part, for and in consideration of the bum of
TEN DOLLARS AND OTHER VALUABLE COINSIDERATION
to the said part ies of the first part in rand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot a or parcel g of land, situate, lying
and being in the County of Garfield and State cf
Colorado, to -wit:
Lots 4 and 6, Sec. 9, Tp. 7 E., R. 89 W. of the 6th P.M.
Also that part of the WVVSEE, Sec. 9, Tp. 7 S., R. 89 W. of the 6th P.M., lying
South and Southeast of a line extended from a point 100 feet S. of the Northeast
corner of said NW;SEk, Southwesterly to a point 100 feet North of the Southwest
corner of said NW4SSEk, Section, Township and Range aforesaid.
Also, lots 2, 3, 5 and 7 in Sec. 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9 in Sec. 10;
Lots 1, 2, 3, 5 and 7 in Sec. 15; and lots 1 and 2 and the S'1NE} and 1446.4; in
Sec. 16, all in Tp. 7 S., R. 89 W. of the 6th P.M. together with the llurdeiick
Ditch, otherwise known as the R. L. Hardwick Ditch and the First Enlargement
thereof, and their water rights taking water from Hardwick Gulch or Overland
Gulch, The Doose Ditch and First Enlargement thereof, and their water rights, 1,
taking water from Four Mile Creek, the Cooley Ditch and its water rights, tsking !i
water from Ipur Mile Creek, and any and all other ditch and water rights belongingll
to, used upon or in connection with the lands above described. 1
Together with the Public Domain Crazing rights and privileges connected with the
above described real estate.
There is excepted from the conveyance of the above described property, those
certain parcels of land described by the following deeds recorded in the County
Clerk and Recorder's office of Garfield County, Colorado, as Document Numbers
187172 in Book 279 at Page 569 and 197425 in Book 300 at pees 47.
Reserving however, an undivided one-half of the income from eil, gaw or other
minerals produced and saved from the above described real property, for a period
of ten years from the date of the execution and delivery of thia warranty deed cone
veying the real property to the second parties; and in thin conuectiou it ie
understood and agreed that if no oil, gas or other minerala are being produced
from the said real property in commercial quantities at the e.d of said 10 year
period, any and all rights of, the first
therefrom, shall cease and detersdne,
however, this reservation
shall in no event extend be-
yond November 24, 1968.
parties to said minerals, or the income
So
'OGETHER with all and singular the hereditaments and appn.•tenancea thereunto belonging, or in anywise
twining, and the reversion and reversions, remainder and remainders, rents, laauea and profits thereof; and
e estate, right, title, interest, claim and demand whatsoever of the said part ies of the firat putt, either in
r equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WAYRANTY Dano—T, Joint Tonawat.—Bradford- Zobin on Pts. Co., Mfrs. Ro6Enaona Local Blacks, 1r244a Stoat Be, Mover, Co1ort441.o
Book 371 Recorded at 2.:12 o'clocke 10„.
rage 72 Reception No.22.81 .G.ha.s...... .a Ke.egan110 Recorder.
THIS DEED, Made this day of November
in the year of our Lord one thousand nine hundred and S ixty- f ive
between
ELWOOD A. GEORGE and SYLVIA L. GEORGE
of the County of Garfield
and State of Colorado, of the first part, and
EUGENE M. SPEAR and GLAPHY A. SPEAR
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
•DOMItR9.,
to the said parteS of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcel S of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
Lots 4 and 6, Sec. 9, Tp. 7 S., R. 89 W. of the 6th P. M.
Also that part of the NW 1/4 SE 1/4, Sec. 9, Tp. 7 S., R. 89 W. of
the 6th P. M., lying South and Southeast of a line extended from a
point 100 feet S. of the Northeast corner of said NW 1/4 SE 1/4,
Southwesterly to a point 100 feet North of the Southwest corner of
said NW 1/4 SE 1/4, Section, Township and Range aforesaid.
Also, lots 2, 3, 5 and 7 in Sec. 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9
in Sec. 10; Lots 1, 2, 3, 5 and 7 in Sec. 15; and lots 1 and 2 and
the S 1/2 NE 1/4 and NW 1/4 SE 1/4 in Sec. 16, all in Tp. 7 S., R.
89 W. of the 6th P. M., together with the Hardwick Ditch, otherwise
known as the R. L. Hardwick Ditch and the First Enlargement there-
of, and their water rights taking water from Hardwick Gulch or
Overland Gulch, The Doose Ditch and First Enlargement thereof, and
their water rights, taking water from Four Mile Creek, the Cooley
Ditch and its water rights, taking water from Four Mile Creek, and
any and all other ditch and water rights belonging to, used upon
or in connection with the lands above described.
Together with the Public Domain Grazing rights and privileges con-
nected with the above described real estate.
There is excepted from the conveyance of the above described prop-
erty, those certain parcels of land described by the following deeds
recorded in the County Clerk and Recorder's office of Garfield
County, Colorado, as Document Numbers 187172 in Book 279 at Page
569 and 197425 in Book 300 at page 47.
EXCEPTING easements and rights-of-way of a public or private nature,
and all prior mineral reservations.
EXCEPTING a Deed of Trust to the Public Trustee of Garfield County
to secure promissory note of Elwood A. George and Sylvia L. George
payable to Ralph E. Michels and Lyla M. Michels, dated November
10, 1961, recorded in the office of the Clerk and Recorder of
Garfield County, Colorado as document No. 215672 in Book 337 at
Page 508, which the parties of the second part herein assume and
agree to pay.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part i e S of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado
..
4
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Book 37177
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurteLcagettantbAhe
said parties of the se o idd ,part, their heirs and assigns forever. And the said part iesof the first part, for
theme' ves, riri I ieirs, executors, and administrators, do
covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear front
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except the 1965 taxes, payable in 1966,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof,
the said partieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part les of the first part ha ve hereunto set their hand S and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD
The foregoing instrument was acknowledged before me this
and SYLVIA L. GEORGE.
, 19 69 . Witness my hand and official seaL
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ELWOOD A. GEO
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4
JOHNSON S?RING AND PIPELIIIr', NO. ,45-17
The claimantf of said structure are ILOYD R. JOHNSON and JEAN L.
JOHNSON of Glenwood Springs, Colorado.
The source of supply of the structuro by means of which water is
diverted is the Johnson Spring.
The headgate and point of diversion of said Structure i8 a spring
located at a point whence the Northwest Corner of Section 15, Township
7 South, Range 8y west of the Sixth Principal Meridian bears North 49.23'
West 2123.0 feet.
The purpose for which the water diverted through said structure is
used is irrigation, domestic and other beneficial purposes.
The priority date to which the appropriation hereby awarded said
stricture is entitled is July 1, 1909.
Said appropriation
was made by original construction. Said structure
is entitled to No. 41(;J 7wlth Priority No. 4; for .028 of a cubic foot
of water per second of time. 0
ti•:I Efl F0RL, IT IS r)RI)ERED, ADJUDGED AND DECREED, that there be allowed
to flow into the said Johneon Spring and Pipeline from Johnson Spring, for
the use and benefit of the parties lawfully entitled thereto, under and by
virtue of original construction, Priority No. 624for .028 of a cubic
foot of water per second of time.
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
September 8, 1995
Board of County Commissioners
GARFIELD COUNTY COURTHOUSE
109 Eighth Street
Glenwood Springs, CO 81601
Re: Letter in Support of Petition for Exemption and Narrative in
Conformance with the Subdivision Regulations
Ladies and Gentlemen:
Pursuant to the Garfield County Subdivision Regulations, Eugene M. Spear and Glaphy
A. Spear respectfully petition the Board of County Commissioners for an exemption to create
a lot of approximately eight (8) acres along Four Mile Road to separate present improvements
on the property from the balance of their holdings. Various sketch maps, vicinity maps and
aerial photographs enclosed show the property proposed for subdivision exemption.
By way of summary, Mr. and Mrs. Spear acquired a ranch on Four Mile Creek on
November 5, 1965, by the deed enclosed with the application. A few years ago, most of the
ranch was sold in a single piece to William D. and Kathy Lee Williams. A residual portion of
the ranch, consisting of 81.19 acres, was retained. No subdivision exemptions for any part of
the ranch as it existed in 1965 have been sought prior to this application.
The proposed exempt lot and its improvements are presently served by water from the
Johnson Spring and Pipeline No. 457. The lot is presently served by an ISDS system. No new
improvements are contemplated at this time for the exempt parcel. The balance of the property,
consisting of approximately 73 acres, is eligible for two (2) exempt well permits and ISDS
service may be utilized for future development. No connection to a community water or sewer
system will be sought for the property. Access to the balance of the property is available over
an existing bridge across Cattle Creek. The existing road access onto Four Mile Road is useable
both by the exempt lot and the residual parcel.
Mr. and Mrs. Spear are now engaged in ranching in the State of Washington. The sale
of this exempt parcel will be very helpful in sustaining their agricultural operations while
I I: URS IS P FM \CYIMM !MI. I. I.1R
September 8, 1995
Page -2-
allowing them to maintain a property interest in Garfield County. The Commissioners' review
of this application is sincerely appreciated.
Very trul os,
JOHN R.JSC "ENK
JRS/clh
Enc.
cc: Mr. and Mrs. Eugene Spear
II:URS,5 PEAR CUMMISSI. LIR
JOHNSON SPRING AND PIPELINE, NO.
The claimants of said structure are ILOYD R. JOHNSON and JEAN L.
JOHNSON of Glenwood Springs, Colorado.
The source of supply of the structure by means of which water is
diverted is the Johnson Spring.
The headgate and point of diversion of said structure is a spring
located at a point whence the Northwest Corner of Section 15, Township
7 South, Range 89 West of the Sixth Principal Meridian bears North 49'231
West 2123.0 feet.
The purpo3e for which the water diverted through said structure
used is irrigation, domestic and other beneficial purposes.
The priority date to which the appropriation hereby awarded said
stricture is entitled is July 1, 1909.
Said appropriation was made by original/ construction. Said structure
Is entitled to [30.
with Priority No. 6:0 for .028 of a cubic foot
of wa`..er per second of time.
WHEREFORE, IT IS ORDERED, ADJUDGED AND Dk CPZED, that there bo allowed
to flow into the said Johnson Spring and Pipeline from Johnson Spring, for
the use and benefit of the parties lawfully entitled thereto, under and by
virtue of original cvnsti'uction, Priority No.
60 4for .028 of a cubic
foot of water per second of time.
is
0
10-13-95
• •
DEPARTMENT OF EMERGENCY S
Mr. Eric McCafferty
GARCO Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Eric,
EMS • FIRE • RESCUE jL:::i..,
OCT 1 61995
GAAF ft L . '
I have received the information on the Spear subdivision exemption and I offer the following
comments:
1. This property is within the boundaries of the Glenwood Springs Rural Fire Protection District
and fire and medical response will be provided by the Department of Emergency Services as it
does now regardless of the split.
2.The property owners should be aware that any future development of this acreage may fall
under the requirements of the Uniform Fire Code as it pertains to water supply, access and
wildland mitigation.
3. If the area is further developed, we will look at proper fire flows, road widths, grades and
surfaces. If a new bridge is built, it will have to be able to support the weight of fire apparatus.
Wildland fire mitigation will also be reviewed as to type of construction and safe zones around
the homes.
At this time we have no problems with the splitting of the property as long as all parties are
aware of the potential code requirements. If you have any questions, please give me a call.
incerely,
Jones Asst. Chief,
lenwood Springs Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
•$
9-7-95
0 •
DEPARTMENT OF EMERGENCY SERVICES
EMS • FIRE • RESCUE
Mr. John Schenk
Schenk, Kerst & deWinter
302 Eighth Street, Suite 310
Glenwood Springs, CO. 81601
Dear John,
This letter is in regard to the subdivision exemption proposed by Eugene and Glaphy Spear.
The property is within the boundaries of the Glenwood Springs Rural Fire Protection District
and fire protection and EMS services to the parcels will continue as it does now.
It is understood that no development is proposed at this time for either parcel. If in the future,
development is proposed, the property owners need to be aware that certain requirements of the
District and Uniform Fire Code may be imposed depending on the type of development. If in the
future a development is planned, please see a representative of our department to discuss these
issues.
As it stands at this time, we have no objections to the proposed exemption. If you have any
questions or need our assistance further, please give me a call.
J • Jones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
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APPROXIMATE LOCATION OF
FOURMILE CREEK BASED ON
AND DIGITIZED FROM A
GARFIELD COUNTY ASSESSOR'S
MAP.
EXEMPTION DESCRIPTION
S 89.18'33"E
2101.15'
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EXEMPTION LOT
A TRACT OF LAND SITUATE WITHIN A PORTION OF THE NWI/4 OF SECTION 15. TOWNSHIP 7 SOUTH
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE W`STERLY RIGHT-OF-WAY OF COUNTY ROAD 117 (FOUR MILE ROAD) AT AN EXISTING
FENCE LINE AS CONSTRUCTED AND IN PLACE. BY THE GARFIELD COUNTY PUBLIC WORKS DEPARTMENT.
AND WHENCE THE NORTHWEST CORNER OF SAID SECTION 15 BEARS N 78 DEGREES 14'33' W 1512.76
FEET: THENCE S 73 )EGREES 47'40' W 255.74 FEET TO THE APPROXIMATE CENTERLINE OF FOUR MILE
CREEK: THENCE ALON3 SAID CENTERLINE THE FOLLOWING NINE (9) COURSES: S 02 DEGREES 28'59' W
95.79 FEET: THENCE S 04 DEGREES 50'47' E 230.22 FEET: THENCE S 15 DEGREES 00'43' E 229.33
FEET: THENCE S 51 •)EGREES 04'32' E 130.48 FEET: THENCE S 39 DEGREES 39'59' E 140.20 FEET:
THENCE S 42 DEGREES 00'33' E 252.75 FEET: THENCE S 28 DEGREES 06'50' E 215.08 FEET: THENCE
S 18 DEGREES 34'27' E 143.16 FEET: THENCE S 25 DEGREES 03'45' E 126.36 FEET: THENCE
DEPARTING SAID CREhK S 89 DEGREES 18'33' E 228.40 FEET TO THE WESTERLY RIGHT-OF-WAY OF
COUNTY ROAD 117 (FOUR MILE ROAD) AT AN EXISTING FENCE LINE AS CONSTRUCTED AND IN PLACE
BY THE GARFIELD COUNTY PUBLIC WORKS DEPARTMENT: THENCE ALONG SAID FENCE LINE THE FOLLOWING
NINE (9) COURSES: N 26 DEGREES 33'16' W 359.77 FEET: THENCE N 26 DEGREES 48'59' W 116.97
FEET: THENCE N 18 DEGREES 44'14' W 109.08 FEET: THENCE N 22 DEGREES 04'04' W 227.40 FEET:
THENCE N 22 DEGREE:i 10'53' W 49.15 FEET: THENCE N 18 DEGREES 17'51' W 225.88 FEET: THENCE
N 19 DEGREES 42'21' W 198.74 FEET: THENCE N 26 DEGREES 34'11' W 135.13 FEET: THENCE
N 27 DEGREES 17'21' W 146.40 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINING
9.84 ACRES MORE OR LESS.
COUNTY OF GARFIELD
STATE OF COLORADO
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371 Recorded at •2 o'clock. M., ....N Q.!t a.... �.}..._�.?
[Page 72 Reception No..2.322.8 . �ck13.s.....5......K�.�. azo-� Recorder.
THIS DEED, Made this
in the year of our Lord one thousand nine hundred and
between
day of November
sixty-five
ELWOOD A. GEORGE and SYLVIA L. GEORGE
of the County of Garfield
and State of Colorado, of the first part, and
EUGENE M. SPEAR and GLAPHY A. SPEAR
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETII, That the said part ieS of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -DOi It 9.,
to the said parteS of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot S or parcel S of land, situate, lying
and being in the
Colorado, to -wit:
County of Garfield and State of
Lots 4 and 6, Sec. 9, Tp. 7 S., R. 89 W. of the 6th P. M.
Also that part of the NW 1/4 SE 1/4, Sec. 9, Tp. 7 S., R. 89 W. of
the 6th P. M., lying South and Southeast of a line extended from a
point 100 feet S. of the Northeast corner of said NW 1/4 SE 1/4,
Southwesterly to a point 100 feet North of the Southwest corner of
said NW 1/4 SE 1/4, Section, Township and Range aforesaid.
Also, lots 2, 3, 5 and 7 in Sec. 9; Lots 1, 2, 3, 4, 5, 6, 8 and 9
in Sec. 10; Lots 1, 2, 3, 5 and 7 in Sec. 15; and lots 1 and 2 and
the S 1/2 NE 1/4 and NW 1/4 SE 1/4 in Sec. 16, all in Tp. 7 S., R.
89 W. of the 6th P. M., together with the Hardwick Ditch, otherwise
known as the R. L. Hardwick Ditch and the First Enlargement there-
of, and their water rights taking water from Hardwick Gulch or
Overland Gulch, The Doose Ditch and First Enlargement thereof, and
their water rights, taking water from Four Mile Creek, the Cooley
Ditch and its water rights, taking water from Four Mile Creek, and
any and all other ditch and water rights belonging to, used upon
or in connection with the lands above described.
Together with the Public Domain Grazing rights and privileges con-
nected with the above described real estate.
There is excepted from the conveyance of the above described prop-
erty, those certain parcels of land described by the following deeds
recorded in the County Clerk and Recorder's office of Garfield
County, Colorado, as Document Numbers 187172 in Book 279 at Page
569 and 197425 in Book 300 at page 47.
EXCEPTING easements and rights-of-way of a public or private nature,
and all prior mineral reservations.
EXCEPTING a Deed of Trust to the Public Trustee of Garfield County
to secure promissory note of Elwood A. George and Sylvia L. George
payable to Ralph E. Michels and Lyla M. Michels, dated November
10, 1961, recorded in the office of the Clerk and Recorder of
Garfield County, Colorado as document No. 215672 in Book 337 at
Page 508, which the parties of the second part herein assume and
agree to pay.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part i e S of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado
• .
BookBp� 37177
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurteAaetmg3he
said parties of the second part, their heirs and assigns forever. And the said part iesof the first part, for
thelluel ves, their
ieirs, executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha Ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form 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 the 1965 taxes, payable in 1966,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said parti.eS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part iesof the first part ha ve hereunto set their hand S and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD —
1SS.
[SEAL]
ELWOOD A. GEO G
.. J .. R� [SEAL]
[SEAL]
he fgtegoing instrument was acknowledged before me this 5th day of November
jT
. 655" +. ELWOOD A. GEORGE and SYLVIA L. GEORGE.
61`1QyL\lo mission expires July 27 , 19 69 . Witness my hand and official seal.
ti\.\ :
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Notary Public.
•If by natural person or persons here insert name or names; if y persons acting in representative or officials nary o nr .star
then insert name of person as executor, attornefl'
officer or officers, as the president or other o
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TO HAVE AND TO HOLD the said premises above bargained and described, with the nppurtehacIPAPtantbthe
said parties of the second
ie port, their heirs and assigns forever. And the said part lesof the first part, for
thenEel yes, ri eers, executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that nt the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha Ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form 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 the 1` 65 taxes, payable in 19()am ,
and the above bargained premises in the quiet and peaceable possession of the sald parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said partieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ieSof the first part ha ve hereunto set their hand S and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
S s.
County of GARFIELD
G
ELWOOD A. GEO � [SEAL]
§V)'
,�1� a� �{,��?o [SEAL]
� L _ R 'L
[SEAL]
ijt I r 5th
• The fgtegoing instrument was acknowledged before me this day of November
.Xg65 ow4. ELWOOD A. GEORGE and SYLVIA L. GEORGE.
(-4,1NrIrimiSsion expires July 27 , 19 69 . Witness my hand and official seal.
\c.1 : "
Notary Public.
•If by natural person or persons here insert name or names; If
then Insert name of person as executor, attorn
officer or officers, as the president or other o
0
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STATE OF COLORADO,
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(BA51S OF HORIZONTAL CONTROL: THE
COLORADO STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, LAMBERT CONFORMAL
CONIC PROJECTION. THE FOLLOWING (USC 8 GS
AND/OR USGS) TRIANGULATION STATIONS
WERE USED.
NAME ORDER COORDINATES
CATHERINE 2nd X=1,516,508.42
Y= 581,255.78
GNAT 3rd 611,231.566.60
Y• 523,643.10
5ASIS QF VERTICAL CONTROL: USC 8 GS
SEA LEVEL DATUM 865E0 ON THE
F0110w1NG BENCHMARKS:
NAME ORDER ELEVATION
D-156 2nd 6192.284
4870.74 PS 2nd 4869860
LEGEND
• HORIZ. CONTROL
O VERTICAL CONTROL
X BENCHMARK
PHOTO CENTER
GRID P01NT
CROSS SECTION
o POLE
—• — FENCE
TREE
J BRUSH or SCRUB
_TI
I I FOUNDATION or RUINS
SECTION LINE
—{-- FOUND SECTION CORNER
UNFOUND SECTION CORNER
APPROX. SECTION LINE
COMPILATION 81 PHOTOGRAMME TRIC METHODS
FROM 6 C.F. L. VERTICAL AERIAL
PHOTOGRAPHY TAKEN NOV. 15,16,a 17, 1982
THIS MAP COMPLIES WITH NATIONAL MAP
ACCURACY STANDARDS
PREPARED BY:
ANALYTICAL SURVEYS, INC.
4167 SPOON ROAD
C0LOP4 C SPRINGS, CO. 80907
303-593-0093
SCALE IN FEET
200 0v
CONTOUR INTERVAL - 2 FEET
COLORADO R .. ANC., TO Ig7TAplce
FLOOD PLAIN STUDY
PREPARED FOR
GARFIELD 9 MESA COUNTIES, COLORADO
IN COOPERATION WITH
COLORADO WATER CONSERVATION BOARD
DENVER, COLORADO
DECEMBER, 1982
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• •
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2440
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
May 30, 1996
Eric D. McCafferty
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Spear Subdivision Exemption Application
Dear Eric:
1. The Spears have reviewed and approved the Plat which we sent to you on
May 16, 1996. Is the Plat acceptable from the County's perspective?
2. Enclosed with this letter is a Declaration of Spring -Sharing Agreement also
submitted for the County's consideration and approval in accordance with the County's
exemption requirements.
3. Also enclosed with this letter is a $200.00 school impact fee for the creation of
the exemption parcel.
4. The plumbing to the existing log building and water connections have been
removed in conformance with Condition No. 5. A building department representative is
certainly authorized to confirm that fact by an on-site visit.
We are prepared to proceed as soon as the County advises that the Spring -Sharing
Agreement and the Plat are acceptable,
Very truly yours,
JOHN R. SCHENK
JRS/clh
Enc.
cc: Mr, and Mrs. Eugene Spear
Vicki Lee Green
II,IRS\SPFAR MCCAFFER.2
• •
DECLARATION OF SPRING -SHARING AGREEMENT
THIS DECLARATION OF SPRING -SHARING AGREEMENT is made and entered this
day of June, 1996 by Eugene Spear and Glaphy Spear, (hereinafter collectively
"Declarants"), WITNESSETH:
WHEREAS, Declarants are the owners of two (2) parcels of real property in Garfield
County, Colorado, which parcels will share equally a certain spring known as the Johnson
Spring and Pipeline No. 457 (hereinafter referred to as the "Johnson Spring"). Said parcels are
more particularly described as follows:
Parcel B:
A tract of land situate in the NW 1/a of Section 15, Township 7 South, Range 89
West of the 6th Principal Meridian, being more particularly described as follows:
Beginning at a point in the center of Four Mile Creek whence the northwest
corner of said Section 15 bears N. 74°07'28" W. 1335.54 feet; thence along the
center of Four Mile Creek the following courses: S. 10°02'18" E. 131.20 feet;
thence S. 24°03'29" E. 280.56 feet; thence S. 11°11'32" W. 42.90 feet; thence
S. 55°08'11" E. 63.81 feet; thence S. 19°18'17" E. 175.80 feet; thence S.
50°10'22" E. 75.03 feet; thence S. 30°35'17" E. 32.87 feet; thence S. 13°53'09"
E. 43.55 feet; thence S. 63°05'51" E. 98.49 feet; thence S. 20°40'21" E. 160.18
feet; thence S. 26°54'34" E. 103.03 feet; thence S. 44°19'52" E. 52.35 feet;
thence S. 27°17'27" E. 77.86 feet; thence S. 3°54'31" E. 140.93 feet; thence S.
48°28'32" E. 147.65 feet;, thence N. 89°18'33" W. 1994.24 feet along the north
line and a westerly extension of the north line of Oak Meadows Ranch, Oak
Meadows Filing No. 4; thence N. 0°03'42" E. 818.92 feet; thence N. 88°07'32"
E. 457.06 feet; thence N. 64°15'50" E. 754.07 feet; thence N. 37°32'10" E.
245.36 feet to the point of beginning.
Parcel C:
A tract of land situate in the NW 1/ of Section 15, Township 7 South, Range 89
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point in the center of Four Mile Creek whence the northwest
corner of said Section 15 bears N. 74°07'28" W. 1335.54 feet; thence N.
73°47'41" E. 204.54 feet to the westerly line of Four Mile Road; thence along
the westerly line the following courses: S. 27°17'21" E. 146.40 feet; thence S.
26°34'11" E. 135.13 feet; thence S. 19°42'21" E. 198.74 feet; thence S.
18°17'51" E. 225.88 feet; thence S. 22°10'53" E. 49.15 feet; thence S.
22°04'04" E. 227.40 feet; thence S. 18°44'1411 E. 109.08 feet; thence S.
26°48'59" E. 116.97 feet; thence S. 26°33'16" E. 359.77 feet; thence N.
89°18'33" W. 106.91 feet along the north line of Oak Meadows Ranch, Oak
Meadows Filing No. 4 to the center of Four Mile Creek; thence along the center
of Four Mile Creek the following courses: N. 48°28'32" W. 147.65 feet; thence
N. 3°54'31" W. 140.93 feet; thence N. 27°17'27" W. 77.86 feet; thence N.
1{:VR.S\SPEAR \SPRNGSIIR.DEC 1
AFTER RECORDING, RETURN TO:
Schenk, Kerst & deWinter, P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
• •
44°19'52" W. 52.35 feet; thence N. 26°54'34" W. 103.03 feet; thence N.
20°40'21" W. 160.18 feet; thence N. 63°05'51" W. 98.49 feet; thence N.
13°53'09" W. 43.55 feet; thence N. 30°35'17" W. 32.87 feet; thence N.
50°10'22" W. 75.03 feet; thence N. 19°18'17" W. 175.80 feet; thence N.
55°08'11" W. 63.81 feet; thence N. 11°11'32" E. 42.90 feet; thence N.
24°03'29" W. 280.56 feet; thence N. 10°02'18" W. 131.20 feet to the point of
beginning; and
WHEREAS, Declarants have received the approval of Garfield County to create an
parcel exempt from subdivision regulations (to -wit: Parcel C), ; as depicted on the Spear
Subdivision Exemption Plat recorded on June _, 1996, as Reception No. in the records
of the Clerk and Recorder of Garfield County, Colorado; and
WHEREAS, the Johnson Spring has been adjudicated for .028 c.f.s. of water for
irrigation, domestic and other beneficial purposes with a priority date of July 1, 1909; and
WHEREAS, the ownership and rights to use the Johnson Spring shall be divided into two
(2) equal and undivided shares, to be shared equally by the owners of Parcels B and C
(hereinafter the "owner or owners" as the case may be) and held by such owners as tenants in
common; and
WHEREAS, Declarants intend to provide for the joint use, maintenance and repair of the
Johnson Spring and any appurtenant water storage and distribution system which is or may be
connected to said spring, and wish to set forth such provisions in writing.
NOW, THEREFORE, Declarants hereby make, declare, and establish the following
covenants, conditions, restrictions and easements (the "Declaration") concerning the future
ownership, use, maintenance and 'repair, of the Johnson Spring and appurtenant facilities and
related matters. From this day forward, the Johnson Spring serving Parcels B and C shall be
held, sold and conveyed subject to this Declaration.
1. Division of Interests. The owners of Parcels B and C shall each own an
undivided one-half interest in and to the Johnson Spring, any common water storage tanks and
associated facilities and each shall have the right to use and enjoy an undivided one-half share
of the Johnson Spring;, and the water produced from said spring. The owner of Parcel C shall
be the sole owner of the existing pipeline delivering water from the Johnson Spring to the
current residence located on Parcel C.
2. Use of Water. Each owner shall be entitled to use such owner's undivided one-
half interest in the water right for any use authorized by the Johnson Spring adjudication. Each
owner shall cooperate with the applicable public health and other governmental officials and
comply with all laws and regulations governing the use of the Johnson Spring. Each owner shall
adhere to the terms of any water rights decrees and permits affecting the Johnson Spring. Water
produced by the Johnson Spring shall be treated in accordance with pertinent laws and
regulations. Such treatment may include chlorination or other acceptable purification methods.
In the event water produced from the Johnson Spring is found to be inadequate for in house
domestic purposes, then the owners shall proportionately reduce their consumption of same, to
the extent necessary to allow each owner to share equally in the available water for such
HAIRS \ SITAR \SPRNGSHR.DLC
2
• •
purpose. In such event, the owners shall install a reasonable storage tank for the Johnson Spring
at their joint expense.
3. Easements. Declarants hereby convey to the owner of Parcel C a nonexclusive
easement as shown on the Spear Subdivision Exemption Plat for the installation, operation and
maintenance of a water pipeline for the benefit of the owner of Parcel C, as well as access to
the Johnson Spring over and across Parcel A on the roadway access depicted on the Spear
Subdivision Exemption Plat and over and along the most appropriate roadway to obtain vehicular
access to the Johnson Spring now or hereafter existing and in place on Parcel B.
4. Operation, Maintenance and Repair Expenses. Operation, maintenance and repair
expenses associated with the Johnson Spring and associated facilities for the withdrawal of water
from the Johnson Spring shall be shared equally among the owners of same, except that if only
one owner is physically connected to the Johnson Spring, then only that owner shall be obligated
for such expenses. Each owner shall be solely responsible for the expenses of maintenance,
operation, repair and replacement of any facilities used solely by such owner, including
individual service lines. The owners agree to cooperate generally and to enter into mutual
agreements for the completion of and payment of the expenses of any maintenance, operation,
repair, replacement or improvement of common facilities and, in the event extraordinary
expenses are required to protect the physical or legal status of the Johnson Spring, both owners
shall contribute equally to the payment of such expenses whether or not an owner is connected
to the Johnson Spring. In the event the owners are unable to agree upon any required
maintenance, repair, replacement, improvement or other cost, any owner shall be entitled to
undertake the minimal maintenance, repair, replacement or improvement or other cost necessary
and essential for proper functioning of the Johnson Spring. In the event an owner determines
to undertake such work, such owner shall notify the other owner in writing. The owner
undertaking the work shall, upon completion, provide the other owner with a written statement
of the work performed and the other owner's proportionate share of the expenses. The owner
of Parcel C, by accepting and recording a deed for such Parcel, acknowledges that the water line
from the Johnson Spring and serving Parcel C extends across and through the flood plain of
Four Mile Creek and agrees to be solely responsible for maintenance and any replacement of
such line, including acquisition of required permits of government authorities having jurisdiction.
5. Payment of Common Expenses. Each owner shall pay such owner's proportionate
share of common expenses within 15 days from the time a statement of expenses is presented
for payment. In the event an owner fails to pay such owner's share within 30 days of
presentment, interest on the unpaid amount shall accrue at twelve percent (12%) per annum,
beginning 30 days after presentment. In the event an owner fails to pay any amounts due with
interest thereon within 90 days from the date of presentment for payment, the owner which has
paid such expenses shall be entitled to pursue any remedy available at law or in equity for a
breach of this Declaration.
6. Alternate Water Service. In the event use of the Johnson Spring becomes
physically or legally impermissible, the owners shall comply with the provisions of C.R.S. 37-
92-602(1)(b)(II)(A) or any successor statute whereby the owner of a tract of land 35 acres or
more in size may obtain an exempt well permit for ordinary household purposes for up to three
dwellings and shall exercise the right to drill a domestic water well for service to both owners.
In such event, the provisions of this Declaration shall apply to such alternate water source.
II: URS\SPEAR1SPRNGSI IR. DIi'
3
• •
7. Fees. In the event litigation is necessary to enforce the rights of the owners
hereto, the prevailing owner in such litigation shall be entitled to reasonable attorneys' fees and
costs of suit actually incurred.
8. Severability. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of its provisions. Any provision of this Declaration found to be
prohibited by law or unenforceable shall not invalidate any other provision.
9. Binding Effect: Covenant to Run with Land. This Declaration shall inure to the
benefit of and be binding upon the owners, their heirs, devisees, executors, administrators,
assignees, transferees and successors in interest. This Declaration shall be recorded in the
records of the Garfield County Clerk and Recorder's Office, and shall run with the lands
benefited by the Johnson Spring.
10. Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
11. Headings. The headings of sections of this Declaration are included only for
reference and shall not affect the meaning or interpretation of this Declaration.
12. Amendment. This Declaration may be amended from time to time by all owners
of the Johnson Spring in written form and executed in the same manner as this Declaration.
IN WITNESS WHEREOF the undersigned Declarants have executed this Declaration on
the day and year first written above.
Eugene Spear Glaphy Spear
STATE OF WASHINGTON )
) ss.
COUNTY OF OKANOGAN
Acknowledged, subscribed, and sworn to before me this day of
1996, by Eugene Spear and Glaphy Spear.
WITNESS my hand and official seal.
My Commission expires:
1I:\JRS\SPPAR\SPRNGSIIR. DEC
4
Notary Public
• •
DECLARATION OF EASEMENT AND WELL -SHARING
AGREEMENT
THIS DECLARATION OF EASEMENT AND WELL -SHARING AGREEMENT is
made this day of , 1996 by Eugene Spear and Glaphy Spear, (hereinafter
collectively "Declarants"), WITNESSETH:
WHEREAS, Declarants are the owners of two (2) parcels of real property in Garfield
County, Colorado, which parcels are more particularly described as follows:
Parcel B:
A tract of land situate in the NW'/a of Section 15, Township 7 South, Range 89
West of the 6th Principal Meridian, being more particularly described as follows:
Beginning at a point in the center of Four Mile Creek whence the northwest
corner of said Section 15 bears N. 74°07'28" W. 1335.54 feet; thence along the
center of Four Mile Creek the following courses: S. 10°02'18 E. 131.20 feet;
thence S. 24°03'29" E. 280.56 feet; thence S. 11°11'32" W. 42.90 feet; thence
S. 55°08'11" E. 63.81 feet; thence S. 19°18'17" E. 175.80 feet; thence S.
50°10'22" E. 75.03 feet; thence S. 30°35'17" E. 32.87 feet; thence S. 13°53'09"
E. 43.55 feet; thence S. 63°05'51" E. 98.49 feet, thence S. 20°40'21" E. 160.18
feet; thence S. 26°54'34" E. 103.03 feet; thence S. 44°19'52" E. 52.35 feet;
thence S. 27°17'27" E. 77.86 feet; thence S. 3°54'31" E. 140.93 feet; thence S.
48°28'32" E. 147.65 feet; thence N. 89°18'33" W. 1994.24 feet along the north
line and a westerly extension of the north line of Oak Meadows Ranch, Oak
Meadows Filing No. 4; thence N. 0°03'42" E. 818.92 feet; thence N. 88°07'32"
E. 457.06 feet; thence N. 64°15'50" E. 754.07 feet; thence N. 37°32'10" E.
245.36 feet to the point of beginning.
Parcel C:
A tract of land situate in the NW IA of Section 15, Township 7 South, Range 89
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point in the center of Four Mile Creek whence the northwest
corner of said Section 15 bears N. 74°07'28" W. 1335.54 feet; thence N.
73°47'41" E. 204.54 feet to the westerly line of Four Mile Road; thence along
the westerly line the following courses: S. 27°17'21" E. 146.40 feet; thence S.
26°34'11" E. 135.13 feet; thence S. 19°42'21" E. 198.74 feet; thence S.
18°17'51" E. 225.88 feet; thence S. 22°10'53" E. 49.15 feet; thence S.
22°04'04" E. 227.40 feet; thence S. 18°44'14" E. 109.08 feet; thence S.
26°48'59" E. 116.97 feet; thence S. 26°33'16" E. 359.77 feet; thence N.
89°18'33" W. 106.91 feet along the north line of Oak Meadows Ranch, Oak
Meadows Filing No. 4 to the center of Four Mile Creek; thence along the center
of Four Mile Creek the following courses: N. 48°28'32" W. 147.65 feet; thence
N. 3°54'31" W. 140.93 feet; thence N. 27°17'27" W. 77.86 feet; thence N.
44°19'52" W. 52.35 feet; thence N. 26°54'34" W. 103.03 feet; thence N.
":\RS1SPEA \WI Jsnna.DFC 1
AFTER RECORDING, RETURN TO:
Schenk, Kerst & deWinter. P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
• •
20°40'21" W. 160.18 feet; thence N. 63°05'51" W. 98.49 feet; thence N.
13°53'09" W. 43.55 feet; thence N. 30°35'17" W. 32.87 feet; thence N.
50°10'22" W. 75.03 feet; thence N. 19°18'17" W. 175.80 feet; thence N.
55°08'11" W. 63.81 feet; thence N. 11°11'32" E. 42.90 feet; thence N.
24°03'29" W. 280.56 feet; thence N. 10°02'18" W. 131.20 feet to the point of
beginning; and
WHEREAS, Declarants have received the approval of Garfield County to create an
parcel exempt from subdivision regulations (to -wit: Parcel C), as depicted on the Spear
Subdivision Exemption Plat recorded on , 1996, as Reception No. in
the records of the Clerk and Recorder of Garfield County, Colorado; and
WHEREAS, Parcel C shall include and be served by a certain spring known as the
Johnson Spring and Pipeline No. 457 (hereinafter referred to as the "Johnson Spring") which
spring has been adjudicated for .028 c.f.s. of water for irrigation, domestic and other beneficial
purposes with a priority date of July 1, 1909; and
WHEREAS, Declarants intend to provide for an easement for the use, maintenance and
repair of the Johnson Spring and any appurtenant water storage and distribution system which
is or may be connected to said spring, as well as to provide for an alternative source of water
in the event the Spring should at anytime hereafter prove to be inadequate for service for a
single family dwelling on Parcel C and therefor wish to set forth such provisions in writing.
NOW, THEREFORE, Declarants hereby make, declare, and establish the following
covenants, conditions, restrictions and easements (the "Declaration") concerning the future
ownership, use, maintenance and repair of the Johnson Spring and appurtenant facilities and
related matters. From this day forward Parcels B and C shall be held, sold and conveyed
subject to this Declaration.
1. Johnson Spring Interest. The owner of Parcel C shall own all interest in and to
the Johnson Spring, any common water storage tanks and associated facilities, the existing
pipeline delivering water from the Johnson Spring to the current residence located on Parcel C
and otherwise shall have the right to use and enjoy the Johnson Spring and all water produced
therefrom.
2. Easements. Declarants hereby convey to the owner of Parcel C a nonexclusive
easement as shown on the Spear Subdivision Exemption Plat for the installation, operation and
maintenance of a water pipeline for the benefit of the owner of Parcel C, as well as access to
the Johnson Spring over and across Parcel A on the roadway access depicted on the Spear
Subdivision Exemption Plat and over and along the most appropriate roadway to obtain vehicular
access to the Johnson Spring now or hereafter existing and in place on Parcel B.
3. Flood Plain. The owner of Parcel C, by accepting and recording a deed for such
Parcel, acknowledges that the water line from the Johnson Spring and serving Parcel C extends
across and through the flood plain of Four Mile Creek and agrees to be solely responsible for
maintenance and any replacement of such line, including acquisition of required permits of
government authorities having jurisdiction.
HAIRS \ SPEAR,W ELLSHAR. DEC
2
.10
s 1
4. Protection of Johnson Spring. The owner of Parcel B shall not locate any
improvement, including any waste water treatment system or facility, in a location on Parcel B
which adversely affects the quantity or quality of water produced by the Johnson Spring.
5. Alternate Water Service. In the event use of the Johnson Spring becomes
physically or legally impermissible, the owners of Parcels B and C shall cooperate with each
other to comply with the provisions of C.R.S. 37-92-602(1)(b)(II)(A) or any successor statute
whereby the owner of a tract of land 35 acres or more in size may obtain an exempt well permit
for ordinary household purposes for up to three dwellings and shall exercise the right to drill a
domestic water well for service to both owners. In such event, the provisions of this Declaration
shall apply to such alternate water source.
6. Operation, Maintenance and Repair Expenses for Alternate Water Service. If an
exempt well is constructed, then the operation, maintenance and repair expenses associated with
such well and associated facilities for the withdrawal of water from the Johnson Spring shall be
shared equally among the owners of same, except that if only one owner is physically connected
to the well, then only that owner shall be obligated for such expenses. Each owner shall be
solely responsible for the expenses of maintenance,operation, repair and replacement of any
facilities used solely by such owner, including individual service lines. The owners agree to
cooperate generally and to enter into mutual agreements for the completion of and payment of
the expenses of any maintenance, operation, repair, replacement or improvement of common
facilities and, in the event extraordinary expenses are required to protect the physical or legal
status of the well, both owners shall contribute equally to the payment of such expenses whether
or not an owner is connected to the well. In the event the owners are unable to agree upon any
required maintenance, repair, replacement, improvement or other cost, any owner shall be
entitled to undertake the minimal maintenance, repair, replacement or improvement or other cost
necessary and essential for proper functioning of the well. In the event an owner determines to
undertake such work, such owner shall notify the other owner m writing. The owner
undertaking the work shall, upon completion, provide the other owner with a written statement
of the work performed and the other owner's proportionate share of the expenses.
7. Administration. Water produced by such well shall be shared equally and treated
in accordance with pertinent laws and regulations and as a joint expense. Such treatment may
include chlorination or other acceptable purification methods. In the event water produced from
the well is found to be inadequate for in house domestic purposes, then the parties utilizing such
water shall proportionately reduce their consumption of same, to the extent necessary to allow
each user to share equally in the available water. In such event, the parties shall cooperate to
install a reasonable storage tank for the well.
8. Payment of Common Expenses for Alternate Water Service. If an exempt well
is constructed, then each owner shall pay such owner's proportionate share of common expenses
within 15 days from the time a statement of expenses is presented for payment. In the event an
owner fails to pay such owner's share within 30 days of presentment, interest on the unpaid
amount shall accrue at twelve percent (12%) per annum, beginning 30 days after presentment.
In the event an owner fails to pay any amounts due with interest thereon within 90 days from
the date of presentment for payment, the owner which has paid such expenses shall be entitled
to pursue any remedy available at law or in equity for a breach of this Declaration.
H NRS,SPEARk W El1SHAR. DEC
3
• •
9. Fees. In the event litigation is necessary to enforce the rights of the owners
hereto, the prevailing owner in such litigation shall be entitled to reasonable attorneys' fees and
costs of suit actually incurred.
10. Severability. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of its provisions. Any provision of this Declaration found to be
prohibited by law or unenforceable shall not invalidate any other provision.
11. Binding Effect: Covenant to Run with Land. This Declaration shall inure to the
benefit of and be binding upon the owners, their heirs, devisees, executors, administrators,
assignees, transferees and successors in interest. This Declaration shall be recorded in the
records of the Garfield County Clerk and Recorder's Office, and shall run with the lands
described above.
12. Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
13. Headings. The headings of sections of this Declaration are included only for
reference and shall not affect the meaning or interpretation of this Declaration.
14. Amendment. This Declaration may be amended from time to time by all owners
of the respective Parcels in written form and executed in the same manner as this Declaration.
IN WITNESS WHEREOF the undersigned. Declarants have executed this Declaration on
the day and year first written above.
Eugene Spear Glaphy Spear
STATE OF WASHINGTON )
) ss.
COUNTY OF OKANOGAN )
Acknowledged, subscribed, and sworn to before me this
1996, by Eugene Spear and Glaphy Spear.
WITNESS my hand and official seal.
My Commission expires:
It. VRSISPEAR,WELSHAR.DGC
4
day of
Notary Public
• •
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2440
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
June 27, 1996
Eric D. McCafferty
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Spear Subdivision Exemption Application
Dear Eric:
Please find enclosed a revised Declaration for the Spear Exemption. The Spears are
under contract for the sale of Parcel C, which contract provides that the entire interest in the
Johnson Spring will be conveyed to the purchasers of that lot. That, of course, enhances the
amount of water available to the exempt lot. We would like to have this exemption considered
by the County Commissioners as soon as possible.
Has the County Surveyor approved the plat yet? If he has not done so, a further
extension of the subdivision exemption approval is requested to complete this subdivision
exemption. Thank you for your assistance.
JRS/clh
Enc.
cc: Mr. and Mrs. Eugene Spear
Vicki Lee Green
II:URS\SPEAR\MCCAFFFR.4
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AGRICULTURAL PROPERTY APPRAISAL RECORD
Schedule# 080859 Tax Area (008) TWP 7 Range 89 Sec 15 1/4 Sec
NW
Animal Unit ACRES
Parcel# 2395-152-00-03
Property Address 51., q nq Rfl Neighborhood Code ii, a UUP , 00
4
VC
414712
30
IIIB 411722
3.5
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414713
IVA 411792
2.75
Owner's Name
Mailing Address City/State Zip
Sales Date
Book & Page
or
Clerk's No.
Type
Deed
Doc. Fee
¢
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Spear, Eugene M. & Glaphy
A.
371/72
Total Acres All Classes
`/
1.1
9
• Legal Description
7-89135.13';
thence N.27°17'21" W. 276.76';
Sec. 15 and thethence N25°38'15" W. 320.32'; thence N.25°
beg. at the 27'50" W. 159.81'; thence N.09°43'32" W.
Nly line of 451.48'; thence S.67°42'20" W. 1229.34';
S.89°18'33" E. thence 5.00°03'42" W. 219.27'; thence 5.00,
W. 359.77';ra 03'42" W. 1721.20' to the P.O.B.
thence
N.22°04'04"Total: 81.19 Ac.
W. 49.15';'lk
thence N.19°
N.26°34'11" W.
Sec. 15: A tr. in the NW
SW Sec. 10 desc. as follows;
Wly line of Sec. 15 and the
Oak Meadows Ranch, thence
2101.15'; thence N.26°33'16"
thence N.26°48'59" W. 116.97';
N.18°44'14" W. 109.08'; thence
W. 227.40'; thence N.22°10'53"
thence N.18°17'51" W. 225.88';
42'21" W. 198.74'; thence
'x:='>_.i
�-
SCS Map No.
From:2395-094=00-022(080537)
LAND CLASSIFICATION
IRRIGATED
giliLASS CODE
YIELD TONS
Animal Unit ACRES
ACRES
Mr ILB 411742
4
VC
414712
30
IIIB 411722
3.5
35
VID
414713
IVA 411792
2.75
414703
45
VIII
IVD 411702
2
VIIC
414716
?1 ).\
IVE 411762
1.5
80
Total Acres All Classes
`/
1.1
9
GRAZING
CLASS
CODE
Animal Unit ACRES
VIB
414701
25
VC
414712
30
VIC
414702
35
VID
414713
40
VID
414703
45
VIII
414705
60
VIIC
414716
70
Waste
416700
80
MEADOW HAY
CLASS CODE YIELD ACRES
VH 413701 .75
VG 413702
.5
DRY FARM
CLASS
CODE
YIELD/BV ACRES
IVB
412701
22
IVB
412702
15
OTHER AG
CODE VALVE/AC
418005 $50
418004 $100
418010 $200
418008 $250
418009 $350
418007 $500
SUMMARY OF VALUE
ACTUAL VALUE lafri ASSESSED ACTUAL VALUE ASSESSED
Year Land yImps , Other Total Land Imps Other Total Year Land Imps Other Total Land Imps Other
`� � A1130 ; 4() 1\3%0 I L ')3o 1 A3 bO tal090 acp
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
• •
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
September 8, 1995
Board of County Commissioners
GARFIELD COUNTY COURTHOUSE
109 Eighth Street
Glenwood Springs, CO 81601
Re: Letter in Support of Petition for Exemption and Narrative in
Conformance with the Subdivision Regulations
Ladies and Gentlemen:
Pursuant to the Garfield County Subdivision Regulations, Eugene M. Spear and Glaphy
A. Spear respectfully petition the Board of County Commissioners for an exemption to create
a lot of approximately eight (8) acres along Four Mile Road to separate present improvements
on the property from the balance of their holdings. Various sketch maps, vicinity maps and
aerial photographs enclosed show the property proposed for subdivision exemption.
By way of summary, Mr. and Mrs. Spear acquired a ranch on Four Mile Creek on
November 5, 1965, by the deed enclosed with the application. A few years ago, most of the
ranch was sold in a single piece to William D. and Kathy Lee Williams. A residual portion of
the ranch, consisting of 81.19 acres, was retained. No subdivision exemptions for any part of
the ranch as it existed in 1965 have been sought prior to this application.
The proposed exempt lot and its improvements are presently served by water from the
Johnson Spring and Pipeline No. 457. The lot is presently served by an ISDS system. No new
improvements are contemplated at this time for the exempt parcel. The balance of the property,
consisting of approximately 73 acres, is eligible for two (2) exempt well permits and ISDS
service may be utilized for future development. No connection to a community water or sewer
system will be sought for the property. Access to the balance of the property is available over
an existing bridge across Cattle Creek. The existing road access onto Four Mile Road is useable
both by the exempt lot and the residual parcel.
Mr. and Mrs. Spear are now engaged in ranching in the State of Washington. The sale
of this exempt parcel will be very helpful in sustaining their agricultural operations while
HAIRS \SPEAR\COMMISS I. LIR
• •
September 8, 1995
Page -2-
allowing them to maintain a property interest in Garfield County. The Commissioners' review
of this application is sincerely appreciated.
Very truly -yo s,
JOHN R. SC ENK
JRS/clh
Enc.
cc: Mr. and Mrs. Eugene Spear
II: URS\S PGAR\COMMISSI. LTR
• •
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2440
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
July 10, 1996
Eric D. McCafferty
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Spear Subdivision Exemption Application
Dear Eric:
INE 4. 01' I'
HAND DELIVERED
•R* '
We were just advised that the County Surveyor has approved the exemption plat. If it
is not signed by the Commissioners by next Monday, we must request another extension of time
for the approval of this subdivision exemption. Thank ou.
Very truly yours
JOHN
JRS/clh
cc: Mr. and Mrs. Eugene Spear
Vicki Lee Green
x: ukSVSPEAR\MCCAFFFJt4
. SC ENK
•
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
January 10, 1996
Mark Bean
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
Re: Spear Subdivision Exemption Application
Dear Mark:
9-1
r
fry ;
COON TY
Eugene and Glaphy Spear have been unable t6 complete the plat for the subdivision
exemption, due to the inability of the surveyor to complete the survey work. We would ask for
a six (6) month extension of time to complete that work. Please advise if we need to take any
further steps to obtain this continuance. Your courtesies are appreciated.
JRS/clh
cc: Mr. and Mrs. Eugene Spear
IINRS\SPEAR \BEAN.2
Very truly yours,
JOHN R. SCHLNI
• .
SCHENK, KERST & deWINTER, P.C.
ATTORNEYS AT LAW
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
Mark Bean
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
November 3, 1995
HAND DELIVERED
Re: Spear Subdivision Exemption Application
Dear Mark:
NOV 0 3 1995
We appreciated the chance to review the Project Information and Staff Comments for the
Spear Exemption. The recommendations are acceptable as stated, with a single request that the
flood plain of Four Mile Creek not be depicted on the final exemption plat for the following
reasons:
1. It is possible that the flood plain mapping could be changed by future amendments
accepted by the Army Corp of Engineers, which would render the plat inaccurate.
2. If there is any future improvement which is likely to encroach into the flood plain,
it is presumed that the County Planning and Building Department would require a confirming
survey prepared at such time to verify the location of the planned improvement. Thus, the
exemption plat work would be superfluous.
It is certainly appropriate that a plat note be included alerting a future buyer to the flood
plain issue. It is suggested that the plat note proposed under Paragraph 7 read as follows:
"Portions of this property exist within the designated flood plain of Four Mile
Creek. Any future modifications of improvements or additional improvements
which may extend into the flood plain may require further survey verification as
to location and may require permits from the Garfield County Building and
Planning Department, Army Corp of Engineers or other agencies. "
On Thursday, we delivered an original Affidavit from Mr. and Mrs. Spear on their
ownership of mineral rights and water rights for the subject property. This should be included
in the Application for Subdivision Exemption.
": IRS \SPEAR\BEAN.I.112
• •
November 3, 1995
Page -2-
We look forward to appearing before the Board next Monday to support this proposal.
Thank you for your assistance and attention to these details.
I S/clh
cc: Mr. and Mrs. Eugene Spear
Kerry Sundeen
N:URN \ SPEAR \BEAN. LRt
• •
STATE OF WASHINGTON )
) ss.
COUNTY OF 6I69-4 o\749,t) )
AFFIDAVIT
The undersigned, EUGENE SPEAR and GLAPHY SPEAR, being first duly sworn upon
their oath, depose and say as follows:
1. We are the owners of real property in the unincorporated area of Garfield County
described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter
the "subject property".
2. We are the owners of certain water and water rights, ditch and ditch rights, spring
and spring rights located on the subject property, including, without limitation, the following:
a. Johnson Spring and Pipeline No. 456 for .028 c.f.s. of water used for
irrigation, domestic and other beneficial purposes with a priority date of July 1, 1909;
b. Harwick Ditch, .325 c.f.s. used for irrigation purposes with an
appropriation date of April 5, 1882, (a one-fourth interest in such right); and
c. Hardwick Ditch, .675 c.f.s. used for irrigation purposes with an
appropriation date of May 15, 1919, (a one-fourth interest in such right).
3. No mineral rights in the subject property are owned by any other person. Those
certain mineral rights reserved in the deeds recorded at Reception No. 203913 and 215671
expired on November 24, 1968.
rr
FURTHER AFFIANTS SAYETH NOT.
Done this 30 day of October, 1995.
The foregoing was acknowledged before me this 6 D day of October, 1995, by
Eugene Spear and Glaphy Spear.
WITNESS my hand and official seal.
My commission expires: /a •a 9.9 g
II: VNS\SPEAR\AFFIOAVI
N Public
6.2 4) Z6.sc,
• •
STATE OF WASHINGTON )
) ss.
COUNTY OFDh' ) 0341.) )
AFFIDAVIT
The undersigned, EUGENE SPEAR and GLAPHY SPEAR, being first duly sworn upon
their oath, depose and say as follows:
1. We are the owners of real property in the unincorporated area of Garfield County
described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter
the "subject property".
2. We are the owners of certain water and water rights, ditch and ditch rights, spring
and spring rights located on the subject property, including, without limitation, the following:
a. Johnson Spring and Pipeline No. 456 for .028 c.f.s. of water used for
irrigation, domestic and other beneficial purposes with a priority date of July 1, 1909;
b. Harwick Ditch, .325 c.f.s. used for irrigation purposes with an
appropriation date of April 5, 1882, (a one-fourth interest in such right); and
c. Hardwick Ditch, .675 c.f.s. used for irrigation purposes with an
appropriation date of May 15, 1919, (a one-fourth interest in such right).
3. No mineral rights in the subject property are owned by any other person. Those
certain mineral rights reserved in the deeds recorded at Reception No. 203913 and 215671
expired on November 24, 1968.
FURTHER AFFIANTS SAYETH NOT.
Done this 30 day of October, 1995.
p •.
,:s;< 'ltoJ�si
•r eac,iARA
«tC cxi 2
t - A
Trig' foregoing was acknowledged before
Eugene Spear and Glaphy Spear.
WITNESS my hand and official seal.
My commission expires: /a . 9.9g
I I:llRS\SPEAR \AFFIDAV I
me this 66 day of October, 1995, by
EZ. N 46se�
N Public "�
JOA) 4s V e -t 1A
• •
ENARTECH Inc. Consulting Engineers and Hydrologists
November 3, 1995
Mr. John Schenk
Schenk, Kerst, deWinter
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
RE: Johnson Spring
Suitability for Domestic Use
Dear John:
We have completed a reconnaissance level assessment of the Johnson Spring, located on the Gene
Spear Property. Based on this assessment we have determined that:
• a one-half interest in the spring will provide an adequate physical water supply for the
domestic and lawn irrigation uses on the proposed exempt lot, and;
• water quality of the spring, as determined through laboratory testing, is suitable for
domestic use.
A brief summary of our study results is presented below.
Water Quantity
We inspected the spring on October 23, 1995. Historically, the spring has supplied all in-house
and lawn irrigation demands on the proposed exempt parcel. No water storage or treatment
facilities are located on the pipeline and delivery system, and the spring is used to directly supply
all on-site water uses. Spring water that is not used is discharged into the Fourmile Creek
watershed.
The discharge of the spring was substantially in excess of 8 gallons per minute (gpm) at the time
of our inspection. Conversely, water demands associated with the exempt lot average less than 1
gpm. We believe that a one-half interest in the spring will be more than adequate to supply all
physical water demands, even during drought periods when the flow of the spring will iik�i� he
somewhat less than we observed.
It is possible that a one-half interest in the spring may not supply all instantaneous water demands
during the lawn irrigation season. If this occurs, it may be advantageous to install a small storage
tank on the system (500 or 1000 gallons) to ensure that adequate lawn irrigation water is
available. Most water systems of this nature have such storage facilities.
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945-2236
Mr. John Schenk
Page - 2
Water Quality
• •
Water quality samples were collected at the spring and analyzed by a certified laboratory in
Grand Junction. The laboratory results are attached.
Sample results indicate that the spring is a suitable source for drinking water. This finding is
consistent with the past use of the spring, which has been used for a potable water supply for
many decades. Of specific concern, nitrate levels were considerably less than applicable
standards, suggesting no impact by upstream wastewater treatment facilities.
The laboratory results illustrate that one water quality parameter, total coliform bacteria, is of
potential interest. One bacteria colony was detected in a 100 ml sample, which exceeds the
applicable drinking water standard of 0 colonies per 100 ml. Only one colony was detected, and
contamination of the sampling bottle may be the source of the colony. If any future sampling
confirms the presence of bacteria, the spring should be treated with chlorine. In any event, it
may be desirable to regularly treat the spring with chlorine to eliminate any potential problems.
Again, chlorine treatment is common to most spring sources in the region.
Several other parameters, such as sodium and hardness, are above levels typically suggested for
drinking water. Elevated levels of these parameters are very common, and are normal in springs
and ground water in this vicinity. These elevated levels do not pose a health concern. but they
may affect how palatable the water is to certain users. If water users are affected by these
conditions, household treatment facilities such as a water softener could be easily installed.
We hope this evaluation is of assistance. If you have any questions, or require any additional
information, please do not hesitate to contact me.
Sincerely,
ENARTECH, INC.
K.ryD.
Hyd
undeen
t
KDS/jlw
Enclosure
cc: Gene Spear
K422-01 (K422 01C)95
Received from:
•
JOHN C. KEPHART & CO.
iiiw JIJNCTION L,MJflAIOIII[g
433 NORTH AVENUE
Cu.tomec No.
ANALYTICAL RETORT
ENARTECH, Inc.
Glenwood Springs, CO 81601
Kerry Sundeen
GRAND JUNCTION, oot.ono.ao alsoI
0107
I,boreto.* Na.
Sample water
10/24/95 11/3/95
Date Aeeelred ate Rgortod
Lab number
Sample ID
Arsenic(As)
Barium(Ba)
Cadmium(Cd)
Chromium(Cr)
Fluoride(F)
Lead(Pb)
Mercury(lig)
Nitrate(N)
Selenium(Se)
Silver(Ag)
Color(Co/Pt unit)
PH
Conductivity4525 deg. C
Sodium(Na)
Calcium(Ca)
Magncoium(Mg)
Potassium(M)
Chloride(C1)
Rul fat.t:(SO4)
Phenol. Alkalinity(CaCO3)
Total Alkalinity(CaCO3)
Bicarbonatc(HCO3)
Carbonate(CO3)
Dissolved Solids
Hardncoo (CaCO3)
Turbidity(NTU)
Boron(B)
Copper(Cu)
Iron(Fe)
Manganese(Mn)
Molybdenum(Mo)
Ammonia(N)
Phosphate(P)
Zinc(Zn)
Total Coliform Bacteria
*not yet available
300
0107
Johnson Spring
10/23/95 10:45AM
0.000 mg/I
* mg/1
* mg/1
* mg/1
0.37 mg/1
* mg/1
0.00000 mg/1
2.35 mg/1
* mg/1
* mg/1
0
6.0
672 umhos/cm
26 mg/1
78 mg/1
21 mg/1
4.4 mg/1
14 mg/1
60 mg/1
O mg/1
290 mg/1
351 mg/i
O mg/1
515 mg/1
282 mg/1
35
* mg/1
* mg/1
0.00 mg/1
* mg/1
0.001 mg/1
2.100 mg/1
0.0E mg/1
0.076 mg/1
1 colony/
100m1
Limito for Drinking Suggested
by Colo. Dept.. Hcalth
0.05 mg/I
1.0 mg/1
0.01 mg/1
0.05 mg/1
4 mg/1
0.05 mg/1
0.002 mg/1
10.0 mg/1
0.01 mg/1
0.05 mg/1
no official limit
no official limit
no official limit
20 mg/1
no official limit
125 mg/1
no official limit
250 mg/1
250 mg/ 1
no official limit
no official limit
no official limit
no official limit
500 mg/I
200 mg/1
1
no official Limit
1.0 mg/1
0.3 mg/1
0.05 mg/1
no official limit
no official limit
no official limit
5.0 mg/1
0 colonies;/
100m1
Lab Dir.4. Brian S. Bauer
• •
Spear 11/6/95
Subject property is on the west side of CR 117, immediately north of Oak Meadows Subdivision.
Four Mile Creek flows through the tract and average slope is approx. 12%.
Adjacent land uses include Oak Meadows Planned Unit Development with the remainder composed
primarily of generally large, single-family and agricultural tracts.
The project proposes dividing the 81.2 acre parent tract into 2 parcels of 9.8 acres, known as the
exempt lot, and 71.4 acres, known as the residual property. The exempt lot would consist of the
existing home and agricultural buildings and comprised of the land between four mile creek and CR
117.
Major issues and concerns- The parcel to be divided by exemption was originally part of a larger tract
as of Jan. 1, 1973; however, it does qualify for exemption as no more than 4 parcels have been
created.
Zoning - Planning commission reviewing the zoning for this area and the creation of a 9.84 acre
parcel is consistent with the proposed, new zoning of 10 acres/dwelling unit. However, the A/R/RD
zone district is still in effect and this proposal certainly qualifies with the 2 acre minimum lot size.
Legal access - Access to the exempt lot exists directly off of CR 117; however, access to the parcel
to be created is not clear. The applicant is specifying the use of an existing access from CR 117,
located near the southern boundary of the residual property. This access would be solely on the
residual property as, it would appear, the bridge that crosses Four Mile Creek, providing further
access to the western portions of the residual property. County Road and Bridge has not given
authorization for an (additional) intersection at this location. Currently, the only access to the
residual lot is over an existing driveway adjacent to the northern and western sides of the existing
house. If Road and Bridge do not approve of the proposed new access, then easements would be
necessary to provide access over the existing lot.
A secondary access and utility easement, along the southern boundary of the exempt lot, has been
proposed to provide access to the residual parcel. This easement appears to be located very near the
roadway which accesses Oak Meadows subdivision (Oak Way) which could, conceivably, cause
negative impacts to the intersection of Oak Way and CR 117. Staff would discourage this access
easement.
Water - It appears that the historical water supply has been from the Johnson Spring and pipeline
#457, an adjudicated spring which supplies approx 12.6 GPM. No physical information has been
submitted with the application indicating a year-round, adequate supply, staff recommends a qualified
hydrologist comment on the adequacy of this water supply.
This water would be shared between the exempt lot and the residual property upon which is an
existing log building. The applicant would need to construct a water -sharing agreement indicating
amount of water to be supplied and all easements around the spring and the supply line.
• •
It is staffs understanding this log building was originally constructed as an agricultural building,
therefore, enabling construction without a building permit. Staff notes that if, in the future, this
structure will be used as any type of habitable structure, the requisite building and ISDS permits must
be obtained. A plat note should be included to address this issue
Sewer - Two general types of soil on site, the first is the Acree loam, generally a deep, well -drained
soil which does have limitations primarily due to shrink -swell potential, low strength and slow
permeability. Secondly, the Morval complex is generally deep, well -drained and limited by slope,
shrink -swell and excessive stoniness. Given the slope of the property, staff would assume that any
future developments would occur on the Acree loam portions. Staff would recommend a plat note
address these limitations.
No state or local health standards except ISDS setbacks which should be verified by an engineer.
Four Mile Creek effectively divides the two parcels and care should be taken when making any future
improvements to either parcel.
The glenwood Springs Department of Emergency Services has responded stating that emergency
services to the property will continue as usual. If in the future development does occur on either lot,
certain requirements of the District and Uniform Fire Code may be imposed.
All easements will be required to be shown prior to signing of the final plat.
The applicant will be required to pay the $200 school impact fee for the newly created lot prior to
signing of a final plat.
Portions of the parent tract exist within the designated floodplain of Four Mile Creek. It would
appear that building would not be hampered as the floodplain is sufficiently narrow and confined
within the riparian zone. However, it appears that a bridge which provides the only vehicular access
to the western portion of the residual property exists within the floodplain of the Creek and could be
damaged in the event of a significant flood event. Staff recommends a plat note address this issue and
also mention that no building within the floodplain can occur without the appropriate permits.
Based on these findings, staff would recommend approval of the request subject to the conditions
listed within this report.