HomeMy WebLinkAbout1.0 ApplicationGarfield County
Building & Sanitation Department
RECEIVED OCT 0 1 1999 109 8th St., Suite 303
Glenwood Springs, Colo. 8IGCI
BEFORE THE BOARD OF COUNTY COMMISSIONER 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, the
undersigned Charles H. Klein respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolution the division of
a 220 acre tract of land into 4 tracts of
approximately 2@ 2 ac re s : 1 @ 5 ac res : 1 @2 laFres 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:
To provide members of the Klein family the opportunity to
own real property in Garfield County.
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access to
a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities; and
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and
geographic relation of the proposed exemption to the surrounding area within two (2)
miles, for which a copy of U.S.G.S. quadrangle map may be used; and
C. Copy of the deed showing ownership by the applicant, or a letter from the property
owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and within
200 feet of the proposed exemption, mineral owners and lessees of minerals owners
of record of the property to be exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created, method of
sewage disposal, and letter of approval of fire protection plan from appropriate fire
district; and
G. If connection to a community or municipal water or sewer system is proposed, a letter
from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
1.
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050.0)
4531/
I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the
parcel as it exists presently is one of not more than three parcels created from a larger
parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
Charles H. Klein, a General Partner
VIX Ranch Company, a Limited Partnership
Petitioner
1777 C'nunty Roacl 241
Mailing Address
New Castle, Colorado 81647
City State
(970) 984-2725
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land from
the definition of subdivision and thereby from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board shall make exemption
decisions in accordance with the requirements of these regulations. Following a review of the
individual facts of each application in light of the requirements of these Regulations, the Board may
approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at
a minimum, all of the review criteria listed below. Compliance with the review criteria, however,
does not ensure exemption. The Board also may consider additional factors listed in Section 8:60
of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County Clerk
and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as
it existed on January 1, 1973, must have been 35 acres or greater in size at that time and
not a part of a recorded subdivision; however, any parcel to be divided by exemption that
is split by a public right-of-way (State or Federal highway, County road or railroad),
preventing joint use of the proposed tracts, and the division occurs along the public right-of-
way, such parcels thereby created may, at the discretion of the Board, not be considered to
have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling
unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres
or greater in size, created after January 1, 1973 will count as parcels of land created by
exemption since January 1, 1973.
2.
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot. Proof of a legal supply shall be an approved substitute water
supply plan contract; augmentation plan; an approved well permit; legally adjudicated
domestic water source or a contract for a permanent legal supply of domestic water to be
hauled from an outside site for a cistern. Proof of the physical supply from a well for the
public meeting, may be documentation from the Division of Water Resources that
demonstrates that there are wells with 1/4 mile of the site producing at least five (5)
gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall
demonstrate the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6) If the well is to be shared, a legal, well sharing agreement which discusses
all easements and costs associated with the operation and maintenance of
the system and who will be responsible for paying these costs and how
assessments will be made for these costs.
7) The water quality be tested by an approved testing laboratory and meet
State guidelines concerning bacteria and nitrates.
For water supplies based on the use of cistern, the tank shall be a minimum of
1000 gallons.
E. Method of sewage disposal, and a letter of approval of the fire protection plan from the
appropriate fire district; and
F All state and local environmental health and safety requirements have been met or are in
the process of being met; and
G. Provision has been made for any required road or storm drainage improvements; and
H. Fire protection has been approved by the appropriate fire district; and
3.
I. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
J. School fees, taxes and special assessments have been paid.
(The school impact fee is $200.00 for each lot created)
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Planning Department. Two (2) copies of the application, maps and
supplemental information shall be submitted.
B The Planning Department shall review the exemption request for completeness within
eight (8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place of
the Board of County Commissioners meeting at which the request shall be considered. In
either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to
owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land proposed
for exemption, and to tenants of any structure proposed for conversion. The exemption site
shall be posted clearly and conspicuously visible from a public right-of-way with notice signs
provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing
the notices and shall present proof of mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedures in these regulations.
4.
JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture / Land Planning
September 29, 1999
Board of County Commissioners
Garfield County
206 8th Street
Glenwood Springs, Colorado 81601
RECEIVED OCT 0 1 1999
Garfield County
Building & Sanitation Department
109 8th St., Suite 303
Glenwood Springs, Colo. 81601
Re: Subdivision Exemption — VIX Ranch - New Castle, Colorado
Dear Commissioners,
On behalf of the petitioner, Charles H. Klein, General Partner of VIX Ranch Company,
I am pleased to submit this application regarding the consideration of a subdivision
exemption of the VIX Ranch, a 220.26 acre tract of land situated north of New Castle in
Sections 12 and 13, Township 5 South, Range 91 West of the Sixth P.M, Garfield
County, Colorado. The subdivision exemption would divide the entire property into four
(4) lots. Two (2) lots would be 2.0 acres plus; one (1) lot would be 5.0 acres and the
remaining lot would be approximately 211 acres.
The sole purpose of the subdivision exemption request is to provide members of the
Klein family an opportunity to obtain ownership of real property in Garfield County.
Since the ranch has been in the family since 1939, Charles Klein would prefer to have the
ranch property remain in the family. Several members of the Klein family have
expressed the desire to have a home site on the ranch. The approval of this exemption
request would satisfy that desire.
PROJECT OVERVIEW
Property Ownership and History
The VIX ranch property was purchased in 1939 by Charles Klein's father, the Reverend
Walter Klein and has remained in the family ever since. For some time, the property was
also owned by Charles Klein's sister, Martha Klein and the legal title was transferred to a
corporation called Klein and Krauth, Inc. In 1970, the corporation was dissolved and all
the assets transferred to VIX Ranch, Inc. In 1980, the property was conveyed to VIX
Ranch Company, a Limited Partnership. There was no change between partners in the
partnership and the stockholders in the corporation. It was conveyed to the partnership
for tax purposes. The sole owners of partnership are Charles Klein and his mother,
Wilhelmina Klein. The Klein family has actively used this property as a ranch since
1939.
The property as described has existed before January 1, 1973, is larger than 35 acres in
size and is not a part of a recorded subdivision
909 Colorado Avenue • Box 2271 • Glenwood Springs, CO 81 602
(970) 945-1337 • FAX (970) 945-7914
Page 2
VIX Ranch Exemption
Property Description
The VIX Ranch is a located in Sections 12 and 13, Township 5 South, Range 91 West of
the 6th P.M. Access to the property is from an existing 20 foot roadway easement from
County Road 241. East Elk Creek runs the length of the eastern property boundary. The
ranch property extends to the west and consists mainly of valleys and irrigated pastures
between hillside formations.
The proposed exemption parcels are located along the valley floor and adjacent to East
Elk Creek. Parcels 2 and 3 are located on relatively flat terrain. The vegetation consists
of pasture grasses and cottonwoods adjacent to East Elk Creek. An existing mobile home
is located on Parcel 3. Parcel 1 is situated on a bench overlooking East Elk Creek. The
vegetation consists primarily of pasture grasses and sagebrush. The westerly portion of
the parcel slopes upward and is vegetated with gambel oak and serviceberry. The
building site on Parcel 1 will be located on the bench and will be kept away from the
hillside and vegetation.
The location of the exemption parcels and building sites will require minimal
disturbance to existing vegetation and terrain.
Potable Water Supply
The parent parcel contains two (2) permitted domestic wells. The exempt parcels will
share the two (2) wells. The VIX Well No. 1, permitted in July of 1973, Case No. 585.
Well No. 1 is located adjacent to the existing ranch house and will be shared by the ranch
house and Exemption Parcel 1. The well location and proposed easements for water
service lines are shown on the VIX Ranch Exemption Plat. The VIX Well No. 2,
permitted in November of 1972, Case No. 586. Well No. 2 is located adjacent to the
existing mobile home situated on Exemption Parcel 3 and will be shared with Exemption
Parcel 2. The proposed easement for water line service from the existing well to Parcel 2
is also shown on the Subdivision Exemption Plat. The water right decrees for both wells
accompany this application
A well sharing agreement for the parent parcel and Exemption Parcel 1 and an agreement
for Exemption Parcels 2 and 3 accompany this application.
Sewage Disposal
The parent parcel and Exemption Parcel 3 are presently served by Individual Sewage
Disposal Systems (ISDS). The proposed method of sewage disposal for Exemption
Parcels 1 and 3 will require Individual Sewage Disposal Systems (ISDS). Percolation
Page 3
VIX Ranch Exemption
tests will be performed to determine the most appropriate sewage disposal system for
each parcel.
Soil Types
The U.S.D.A. Soil Conservation Service soil survey mapping indicates that Exemption
Parcels 1,2 and 3 are located within the Chilton channery loam (#13) soil map unit. The
existing ranch house, situated on the parent parcel, is located within this soil type as well.
Chilton channery loam is found on 3 to 6% slopes. This deep, well drained, gently
sloping soil is on alluvial fans and sides of valleys. The soil is a gravelly loam. This soil
type is favorable for building site development and has slight limitations associated with
residential construction. Limitations are slight regarding septic tank absorption fields and
are generally favorable for individual sewage disposal systems. This soil used for road
embankment is rated as fair.
The U.S.D.A. soil survey interpretation tables are included in the appendix of this
application.
Surrounding Land Uses
Land uses adjacent to the exemption property consist of single family residential uses
located east of the ranch property, adjacent to East Elk Creek and residential property
joining the northeast and southeast boundary of the Klein property. The remainder of the
property is surrounded by BLM property on the south and north boundaries. An
undeveloped tract adjoins the Klein ranch property on the western boundary.
Fire Protection
A letter from Don Zordel, Chief of the Burning Mountains Fire Protection District
accompanies this application.
Compatibility of Surrounding Land Uses and Zoning
The proposed subdivision exemption is consistent and compatible with surrounding land
uses because of the similarity of the uses. The proposed exempt parcels are 2.0 acres or
larger which is consistent with the underlying zoning (A/R/R/D) of the surrounding land
uses.
Page 4
VIX Ranch Exemption
Easement for Utilities, Access and Maintenance
The necessary easements for utilities, access and maintenance for the proposed exempt
parcels are shown and described on Sheets 1 and 2 of the VIX Ranch Subdivision
Exemption plat.
We anticipate presenting this subdivision exemption to the Board of County
Commissioners at their earliest convenience.
If you have questions or need additional information, please do not hesitate to contact my
office.
Sincerely,
John L. Taufer, Owners Representative
RECEIVED OCT 0 1 1999
WELL SHARING AGREEMENT
FOR VIX RANCH WELL NO. 1
THIS AGREEMENT is made and entered into this day of , 1999,
by and between VIX Ranch Company, a Colorado Limited Partnership, whose address is 1777
County Road 241, New Castle, Colorado, 81647 (hereinafter "VIX Ranch"), and
, whose address is,
(hereinafter "Exemption Parcel No. 1 Owner");
WITNESSETH:
WHEREAS, VIX Ranch is the owner of certain property in Garfield County, Colorado,
identified as the Parent Parcel and more particularly described by the VIX Ranch Subdivision
Exemption Plat, recorded in the records of the Garfield County Clerk and Recorder on
, under Reception No. , at Book , Page
, a copy of that relevant portion of said plat is attached hereto as Exhibit A;
and
WHEREAS, Exemption Parcel No. 1 Owner is the owner of certain property in Garfield
County, Colorado, identified as Exemption Parcel No. 1 of the VIX Ranch Subdivision
Exemption, as more particularly described by the VIX Ranch Subdivision Exemption Plat and
by the metes and bounds description attached hereto as Exhibit B; and
WHEREAS, VIX Ranch owns Colorado State Engineer Well Permit No. 22478 for the
VIX Ranch Well No. 1, diverting ground water for domestic purposes, said well permit is
attached hereto as Exhibit C; and
WHEREAS, the VIX Ranch Well No. 1 owns water rights decreed to the VIX Ranch
Well No. 1 by the District Court, Water Division No. 5, in Case No. W-585 on July 17, 1973,
for domestic water use with a diversion rate of 0.035 cubic feet of water per second of time
(c.f.s.) with an appropriation date of November 4, 1964, for use inside not more than three (3)
single family dwellings, stock watering and the irrigation of not more than one (1) acre of lawns
and gardens, with a decreed point of diversion located within the SW 'A NE '4 of Section 13,
Township 5 South, Range 91 West of the 6th P.M., a copy of said Decree is attached hereto as
Exhibit D; and
WHEREAS, VIX Ranch Well No. 1 is located entirely within the Parent Parcel, but is
intended to supply water to an existing single family dwelling located within the Parent Parcel,
a second single family dwelling which may be located within the Parent Parcel in the future, and
a single family dwelling which may be located within Exemption Parcel No. 1 in the future; and
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VIX Ranch Well No. I
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WHEREAS, the parties have negotiated the terms and conditions of this Well Sharing
Agreement, and desire to set forth herein their agreement concerning ownership, use, operation,
maintenance, repair and replacement of the VIX Ranch Well No. 1.
NOW THEREFORE, for in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. VIX Ranch shall own an undivided two-thirds (2/3) interest in the VIX Ranch Well
No. 1 defined as being the water rights decreed in Case No. W-585, Colorado State Engineer
Well Permit No. 22478, the well diversion structure including, but not limited to, well house
structure, well casing, pump, valves, controls and related equipment necessary for operation of
the VIX Ranch Well No. 1 (hereinafter "VIX Ranch Well No. 1 ").
2. Exemption Parcel No. 1 Owner shall own an undivided one-third (1/3) interest in
the VIX Ranch Well No. 1.
3. VIX Ranch shall own an undivided two-thirds (2/3) interest, and Exemption Parcel
No. 1 Owner shall own an undivided one-third (1/3) interest in the water delivery infrastructure
defined as including, but not limited to, those pipelines, valves and connections used to deliver
water from the VIX Ranch Well No. 1 to both the Parent Parcel and Exemption Parcel No. 1
(hereinafter "Common Water Delivery Infrastructure").
4. VIX Ranch shall own all interest in the water delivery infrastructure defined as
including, but not limited to, those pipelines, valves and connections used to deliver water from
the VIX Ranch Well No. 1 to the Parent Parcel (hereinafter "Parent Parcel Water Delivery
Infrastructure").
5. Exemption Parcel No. 1 Owner shall own all interest in the water delivery
infrastructure defined as including, but not limited to, those pipelines, valves and connections
lying within Easement Nos. 2 and 3, as described on the VIX Ranch Subdivision Exemption
Plat, and used to deliver water from the VIX Ranch Well No. 1 to Exemption Parcel No. 1
(hereinafter "Parcel 1 Water Delivery Infrastructure").
6. The parties agree that their respective ownership interests in the VIX Ranch Well
No. 1 and the Common Water Delivery Infrastntcture shall be appurtenant to the Parent Parcel
and Exemption Parcel No. 1 such that the parties shall not convey, assign or otherwise transfer
their respective, interests in the VIX Ranch Well No. 1 and the Common Water Delivery
Infrastructure to third parties apart from conveyance of the parties' ownership interests in their
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VIX Ranch Well No. 1
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respective parcels.
7. The parties agree that VIX Ranch shall be entitled to use all of the water diverted
through the VIX Ranch Well No. 1 until such time as water diverted through the VIX Ranch
Well No. 1 is first used for domestic purposes within a single family dwelling located within
Exemption Parcel No. 1 and, thereafter, the parties shall each be entitled to use one-half ('/2)
of the water diverted through the VIX Ranch Well No. 1 until such time as water diverted
through the VIX Ranch Well No. 1 is first used for domestic purposes within a second single
family dwelling located within the Parent Parcel and, thereafter, VIX Ranch shall be entitled to
use two-thirds (2/s) of the water diverted through the VIX Ranch Well and Exemption Parcel No.
1 Owner shall be entitled to use one-third (1/3) of the water diverted through the VIX Ranch Well
No. 1.
8. The parties shall use water diverted through the VIX Ranch Well No. 1 only for
domestic purposes according to the terms and conditions set forth in State Engineer Well Permit
No. 22478 and the Decree in Case No. W-585, and shall neither waste water nor subject the
water rights decreed to the VIX Ranch Well No. 1 to abandonment.
9. VIX Ranch shall be responsible for all expenses and costs incurred for operation,
maintenance, repair and replacement of the VIX Ranch Well No. 1 or the Common Water
Delivery Infrastructure until such time as water diverted through the VIX Ranch Well No. 1 is
first used for domestic purposes within a single family dwelling located within Exemption Parcel
No. 1 and, thereafter, the parties shall each be responsible for one-half (1/2) of the expenses and
costs incurred for operation, maintenance, repair and replacement of the VIX Ranch Well No.
1 or Common Water Delivery Infrastructure until such time as water diverted through the VIX
Ranch Well No. 1 is first used for domestic purposes within a second single family dwelling
located within the Parent Parcel and, thereafter, VIX Ranch shall be responsible for two-thirds
(2/3) and Exemption Parcel No. 1 Owner shall be responsible for one-third (1/3) of all expenses
and costs incurred for operation, maintenance, repair and replacement of the VIX Ranch Well
No. 1 or the Common Water Delivery Infrastructure.
10. In the event either party determines that maintenance, repair, improvement or
replacement of the VIX Ranch Well No. 1 or the Common Water Delivery Infrastructure is
necessary, such party shall both notify the other party in writing, and meet and confer with the
other party prior to the start of said necessary work. The parties shall be responsible for the
expenses and costs resulting from said necessary work in the proportions according to the
parties' respective responsibilities for expenses and costs as set forth in Paragraph 9 of this
Agreement. The parties shall cooperate in completing such necessary maintenance, repair,
improvement or replacement. Should either party fail to cooperate, the other party shall be
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entitled to accomplish any and all maintenance, repair, improvement or replacement necessary
for proper operation of the VIX Ranch Well No. 1 or the Common Water Delivery
Infrastructure, and shall notify the uncooperative party in writing of that party's proportionate
share of the resulting expenses and costs. In the event the uncooperative party fails to timely
make payment to the party incurring the full expenses and costs resulting from said necessary
work, interest on the unpaid amount shall begin to accrue at eighteen percent (18%) per annum
beginning thirty (30) days from the date of the billing statement. Failure by the uncooperative
party to make payment of the sum due with interest to the party incurring the full expenses and
costs resulting from said work within six (6) months from the date of the billing statement shall
entitle the party incurring the full expenses and costs to reasonable attorneys' fees in obtaining
a judgment for collection of the amount due, in addition to any other remedies available at law
or in equity for breach of this Agreement.
11. VIX Ranch shall be responsible for all of the expenses and costs incurred for
operation, maintenance, repair and replacement of the Parent Parcel Water Delivery
Infrastructure.
12. Exemption Parcel No. 1 Owner shall be solely responsible for all expenses and
costs incurred for operation, maintenance, repair and replacement of the Parcel 1 Water
Delivery Infrastructure.
13. The parties acknowledge that the electrical utility costs associated with operation
of the VIX Ranch Well No. 1 shall be billed to VIX Ranch and VIX Ranch shall provide a
billing statement to Exemption Parcel No. 1 Owner for payment of these costs according to the
parties' respective responsibilities for operating expenses and costs as set forth in Paragraph 9
of this Agreement. Exemption Parcel No. 1 Owner shall remit payment to VIX Ranch within
thirty (30) days from the date of the billing statement. In the event Exemption Parcel No. 1
Owner fails to timely make payment, VIX Ranch shall be entitled to the provisions and the
remedies for late or non-payment as set forth in Paragraph 10 of this Agreement.
14. In the event that any governmental or judicial authority having competent
jurisdiction imposes additional requirements or restrictions on the use of water diverted trough
the VIX Ranch Well No. 1, the parties agree to cooperate in complying with such requirements
or restrictions to ensure continuation of a legal domestic water supply for both the Parent Parcel
and Exemption Parcel No. 1. The parties shall bear the burden resulting from said additional
requirements or restrictions according to the parties' entitlements to use water diverted through
the VIX Ranch Well No. 1 as set forth in Paragraph 7 of this Agreement. In the event the
parties incur expenses and costs resulting from implementing said additional requirement or
restrictions, VIX Ranch shall be responsible for two-thirds (2/3), and Exemption Parcel No. 1
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Owner shall be responsible for one-third (1/3), of the expenses and costs associated with said
additional requirements or restrictions. Should either party fail to cooperate, the other party
shall be entitled to take any and all actions necessary to implement said additional requirements
or restrictions after first notifying the uncooperative party in writing, and both meeting and
conferring with the uncooperative party prior to taking such necessary action. The party taking
such necessary actions shall notify the uncooperative party in writing of that party's
proportionate share of the resulting expenses and costs. In the event the uncooperative party
fails to timely make payment the party incurring the resulting expenses and costs shall be entitled
to the provisions and remedies for late or non-payment as set forth in Paragraph 10 of this
Agreement.
15. In the event either party chooses to permanently discontinue domestic water supply
from the VIX Ranch Well No. 1 to that party's parcel, the party discontinuing domestic water
supply from the VIX Ranch Well No. 1 shall convey and assign that party's interest in the VIX
Ranch Well No. 1 and the Common Water Delivery Infrastructure by quit claim deed and
assignment to the other party. The party discontinuing domestic water supply from the VIX
Ranch Well No. 1 shall have no right to reimbursement or payment for sums contributed
pursuant to the terms of this Agreement.
16. This Agreement shall inure to the benefit of and be binding upon the parties, their
heirs, devisees, executors, administrators, assignees, transferees and successors in interest.
17. The language used in this Agreement and all parts thereof shall be construed as
a whole according to its plain meaning, and not strictly for or against any party. All parties have
equally participated in the preparation of this Agreement.
18. If any covenant, term, condition or provision contained in this Agreement is held
by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such
covenant, term, condition or provision shall be severed or modified to the extent necessary to
make it enforceable, and the resulting agreement shall remain in full force and effect.
19. This document embodies the entire and complete agreement of the parties. No
promise or undertaking has been made by either party, and no understanding exists with respect
to the transactions contemplated, except as expressly set forth in this Agreement. All prior and
contemporaneous negotiations and understandings between the parties are integrated and merged
into this Agreement.
20. This Agreement may be amended from time to time by the parties in written form
and executed in the same manner as this Agreement. This Agreement shall be recorded with
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Well Sharing Agreement
VIX Ranch Well No. 1
Page 6 of 8
the Garfield County Clerk and Recorder and each party shall be responsible for one-half ('h) of
the recording costs.
21. The parties agree and intend that this Agreement shall run with, and be a burden
and benefit to, the Parent Parcel and Exemption Parcel No. 1.
22. This Agreement may be executed in duplicate original counterparts, each of which
shall constitute an original, but all which shall constitute one and the same document.
23. The terms of this Agreement, and the obligations, duties, responsibilities and
benefits thereunder, shall survive closing on any conveyance of real property described herein,
and shall not merge with the deed or other conveyance documents.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth next to their signatures.
ATTEST VIX RANCH COMPANY
By:
Date:
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
By:
Date:
Acknowledged, subscribed, and sworn to before me this day of
by , for VIX Ranch Company.
WITNESS my hand and official seal.
My Commission expires:
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Notary Public
Well Sharing Agreement
VIX Ranch Well No. 1
Page 7 of 7
STATE OF
COUNTY OF
) ss.
EXEMPTION PARCEL NO.I OWNER
Date:
Acknowledged, subscribed, and sworn to before me this day of
, by
WITNESS my hand and official seal.
My Commission expires:
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Notary Public
RECEIVED OCT 0 1 1999
ExHarr B
Exemption Parcel No. 1
A parcel of land situated in the NE'/< of Section 13, Township 5 South, Range 91 West of the
Sixth Principal Meridian, County of Garfield , State of Colorado; said parcel lying westerly of the
centerline of East Elk Creek and being more particularly described as follows:
Beginning at the Center Quarter Corner of said Section 13, a B.L.M. aluminum
cap standard monument (from which the North Center Sixteenth Corner of said
Section 13, a B.L.M. aluminum cap standard monument, bears N.00°49'08"W.
1,307.06 feet); thence N.00°49'08"W. along the North-South centerline of said
Section 13, 537.79 feet; thence S.62°26'47"E. 431.97 feet; thence S.54°00'00"E.
335.00 feet to the centerline of East Elk Creek; thence S.37 ° 00'00 "W. along said
centerline 93.00 feet; thence S.62°00'00"W. along said centerline 117.35 feet to
the East-West centerline of said Section 13; thence S.88°37'50"W. along said
East-West centerline 486.86 feet to the point of beginning, said Parcel containing
5.00 acres, more or less.
F:\1999\Documents\V IXRanch-Parcel 1 -description -1. wpd
September 17, 1999
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APPLICATION FOR: A PER1VIIT7TO-USE4, ApuNp. WATER . , DEC 1 7 1964:
Lrrn
LJ
pplicani
iJ //a PER1VIITi:'TO,PCONSTIWCT A WELL
. '.4'. ' )'. . •,•'' '
' G ii0 W.4) WATER SECT.-- .
cn
,q2 p. o. Address eii, 0 09 S- e i/o
,--. Quantity applied for g m or , ,,, :,,,,,i,, • 117.210CAT •N OF WELSLTACi.ii.E0NRADOr..p
-, -- County ' / .`4---J
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r .' Ai .,;`e"..i.:It fr. 4,,iit- , • '
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t-- AF Storage • '`Ltil..53'of St.L'i of. Sect.1.1_, Twp. .........6:15,2y.
, .
cn
Used for
o Purposes a
iOfl/at
0:7.:
/ t., •
Lil
>. •(legal description of land site) "•--
L.L1
()Total acreage irrigated and
• ESTIMother rts. o
>,4-4
$.4 0
LY ATED DATA OF WELL . g
Hole size: in. to 0 ft. '-'.2
in. to ft
, . •. ;91
•,
•
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cd a
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o
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(Use Supplemental pages for dditional
196.10 . w 0
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A 3
PUMP
DATA: Type
Use initiation date
Street Address or Lot ea Block, No. •
Town or Subdivision
Locate
well in •
40 acre
(small) •
•
square
•
,•
-
as near
as possible.
Large square
is one section.
$25.o0 required for uses other
than Domestic or Livestock.
fee
Applicant
Agent or
Driller
el j....4..4*/ •
/
/ 1
Address OP,ALas ;AL"
NOTE — SATISFACTORY COMPLETION REQUIREDR-APPOF A ROVAL
•
LICA TION
No.
•1••.p: t* -0
Recorded at 8:19 A.M. August 22, 1973 Book 448
Reception No. 259F1'; Ella Stephens,Recorde4110,Page 457
4410
1N TIIE DT:,I'RIC1 COURT TN ANI) FOR
WATER DIVISION NO. 5
:,'ATE ('F COLORADO
CASE NO. w- 585
IN TIIE MATFER.,OF TIIE )
APPLICATION FOR )
WATER RIGIIT3 OF )
VIX RANCH, INC. ) RULING OF THE REFEREE
IN THE COLORADO )
RIVER OR ITS TRIIIUTARIES )
TRIBUTARY INVOLVED:
EAST ELK CREEK )
IN GARFIELD COUNTY )
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
PI I_E L) i
IN WATER COURT
Division Nu. ;i
MAY a.0 iq 3
STATE OF C?LORADDO
wAlCN CI CP,
ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
This application was referred to the Water Referee of
Water Division No. 5 on the 29th day of September , 1972 .
VIX P.anch, Inc.
1. Name of Applicant c/o Mason & Beville
Address Box 907; Rifle, Colorado
c2. The name of the structure is VIX Well No. 1.
3. The Legal description of the structure is: The well is located
in the SW4NE4 of Section 13, T. 5 S.,!R. 91 W. of the 6th
P.M. at a point whence the Southeast Corner of said SW4NE'
bears: S. 25°00' E. 743 feet and S. 82°00' E. 522 feet.
4. The depth of the well is 44 feet.
5. The date -of initiation of appropriation is ',November 4, 1964.
.6. The amount of water claimed is 0.035 cubic foot per
second of :lime.
7. The use of the water is domestic.
8. The State Engineer's number is 22478.
9. The Priority'date is November 4, 1964:
10. The date of the application was May 2, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that thin ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
en provided by law.
Done at the City of Glenwood Springs, Colorado thin
S day of Aftog y , 1973 .
No protest wns filed in this matter.
The foregoing ruling is confirmed
and npproved, and is made the
Judgment and Decree of this court.
Dated:
/7, /113
budge
Wat(r R,•fer('(
Water Division No. 5
State of Colorndo
Exhibit D
RECEIVED OCT 0 1 1999
RECEIVED OCT 0 1 1999
WELL SHARING AGREEMENT
FOR THE VIX RANCH WELL NO. 2
THIS AGREEMENT is made and entered into this day of , 1999,
by and between , whose address is
(hereinafter "Exemption Parcel No. 3 Owner"), and , whose address
is, (hereinafter "Exemption Parcel No. 2
Owner");
WITNESSETH:
WHEREAS, Exemption Parcel No. 3 Owner is the owner of certain property in Garfield
County, Colorado, identified as Exemption Parcel No. 3 of the VIX Ranch Subdivision
Exemption and more particularly described by the VIX Ranch Subdivision Exemption Plat,
recorded in the records of the Garfield County Clerk and Recorder on
under Reception No. , at Book , Page , a copy of that
relevant portion of said plat is attached hereto as Exhibit A, and as more particularly described
by the metes and bounds description attached hereto as Exhibit B; and
WHEREAS, Exemption Parcel No. 2 Owner is the owner of certain property in Garfield
County, Colorado, identified as Exemption Parcel No. 2 of the VIX Ranch Subdivision
Exemption, as more particularly described by the VIX Ranch Subdivision Exemption Plat and
by the metes and bounds description attached hereto as Exhibit C; and
WHEREAS, Colorado State Engineer Well Permit No. 34662 was issued by the Colorado
State Engineer on July 22, 1968, for the VIX Ranch Well No. 2, diverting ground water for
domestic purposes, said well permit being attached hereto as Exhibit D; and
WHEREAS, absolute water rights were decreed to the VIX Ranch Well No. 2 by the
District Court, Water Division No. 5, in Case No. W-586 on November 22, 1972, for domestic
water use with a diversion rate of 0.03 cubic feet of water per second of time (c.f.s.) with an
appropriation date of July 24, 1968, for use inside not more than three (3) single family
dwellings, stock watering and the irrigation of not more than one (1) acre of lawns and gardens,
with a decreed point of diversion located within the SE'%NE 1/4 of Section 13, Township 5 South,
Range 91 West of the 6th P.M., a copy of said Decree being attached hereto as Exhibit E; and
WHEREAS, VIX Ranch Well No. 2 is located entirely within the Exemption Parcel No.
3, but is intended to supply water to an existing single family dwelling located within Exemption
Parcel No. 3 and a single family dwelling which may be located within Exemption Parcel No.
2 in the future; and
F: \1999 \Agreetnents \VIXRanch-Wellehareagreement-Parcels2&3-1. wpd
September 30, 1999
Well Sharing Agreement
VIX Ranch Well No. 2
Page 2 of 7
WHEREAS, the parties have negotiated the terms and conditions of this Well Sharing
Agreement, and desire to set forth herein their agreement concerning ownership, use, operation,
maintenance, repair and replacement of the VIX Ranch Well No. 2.
NOW THEREFORE, for in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Exemption Parcel No. 3 Owner shall own an undivided one-half (l) interest in
the VIX Ranch Well No. 2 defined as being the water rights decreed in Case No. W-586,
Colorado State Engineer Well Permit No. 34662, the well diversion structure including, but not
limited to, well house structure, well casing, pump, valves, controls and related equipment
necessary for operation of the VIX Ranch Well No. 2 (hereinafter "VIX Ranch Well No. 2").
2. Exemption Parcel No. 2 Owner shall own an undivided one-half ('/2) interest in
the VIX Ranch Well No. 2.
3. Exemption Parcel No. 3 Owner and Exemption Parcel No. 2 Owner shall each
own an undivided one-half (1/2) interest in the water delivery infrastructure defined as including,
but not limited to, those pipelines, valves and connections used to deliver water from the VIX
Ranch Well No. 2 to Exemption Parcel Nos. 2 and 3 (hereinafter "Common Water Delivery
Infrastructure").
4. Exemption Parcel No. 3 Owner shall own all interest in the water delivery
infrastructure defined as including, but not limited to, those pipelines, valves and connections
used to deliver water from the VIX Ranch Well No. 2 solely to Exemption Parcel No. 3
(hereinafter "Parcel 3 Water Delivery Infrastructure").
5. Exemption Parcel No. 2 Owner shall own all interest in the water delivery
infrastructure defined as including, but not limited to, those pipelines, valves and connections
used to deliver water from the VIX Ranch Well No. 2 solely to Exemption Parcel No. 2
(hereinafter "Parcel 2 Water Delivery Infrastructure").
6. The parties agree that their respective ownership interests in the VIX Ranch Well
No. 2 and the Common Water Delivery Infrastructure shall be appurtenant to Exemption Parcel
No. 2 and Exemption Parcel No. 3 such that the parties shall not convey, assign or otherwise
transfer their respective interests in the VIX Ranch Well No. 2 or the Common Water Delivery
Infrastructure to third parties apart from conveyance of the parties' ownership interests in their
respective parcels.
F: \1999\Agreements\VIXRanch-Wellshareagreement-Parcels2&3-1. wpd
September 30, 1999
-2-
Well Sharing Agreement
VIX Ranch Well No. 2
Page 3 of 7
7. The parties agree that Exemption Parcel NO. 3 Owner shall be entitled to use all
of the water diverted through the VIX Ranch Well No. 2 until such time as water diverted
through the VIX Ranch Well No. 2 is first used for domestic purposes within a single family
dwelling located within Exemption Parcel No. 2 and, thereafter, the parties shall each be
entitled to use one-half (') of the water diverted through the VIX Ranch Well No. 2.
8. The parties shall use water diverted through the VIX Ranch Well No. 2 only for
domestic purposes according to the terms and conditions set forth in State Engineer Well Permit
No. 34662 and the Decree in Case No. W-586, and shall neither waste water nor subject the
water rights decreed to the VIX Ranch Well No. 2 to abandonment.
9. Exemption Parcel No. 3 Owner shall be responsible for all expenses and costs
incurred for operation, maintenance, repair and replacement of the VIX Ranch Well No. 2 and
the Common Water Delivery Infrastructure until such time as water diverted through the VIX
Ranch Well No. 2 is first used for domestic purposes within a single family dwelling located
within Exemption Parcel No. 2 and, thereafter, the parties shall each be responsible for one-half
(1/2) of the expenses and costs incurred for operation, maintenance, repair and replacement of
the VIX Ranch Well No. 2 and the Common Water Delivery Infrastructure.
10. In the event either party determines that maintenance, repair, improvement or
replacement of the VIX Ranch Well No. 2 or the Common Water Delivery Infrastructure is
necessary, such party shall both notify the other party in writing, and meet and confer with the
other party prior to the start of said necessary work. The parties shall be responsible for the
expenses and costs resulting from said necessary work in the proportions according to the
parties' respective responsibility for expenses and costs as set forth in Paragraph 9 of this
Agreement. The parties shall cooperate in completing such necessary maintenance, repair,
improvement or replacement of the VIX Ranch Well No. 2 or the Common Water Delivery
Infrastructure. Should either party fail to cooperate, the other party shall be entitled to
accomplish any and all maintenance, repair, improvement or replacement necessary for proper
operation of the VIX Ranch Well No. 2 and the Common Water Delivery Infrastructure, and
shall notify the uncooperative party in writing of that party's proportionate share of the resulting
expenses and costs. In the event the uncooperative party fails to timely make payment to the
party incurring the full expenses and costs resulting from said necessary work, interest on the
unpaid amount shall begin to accrue at eighteen percent (18%) per annum beginning thirty (30)
days from the date of the billing statement. Failure by the uncooperative party to make payment
of the sum due with interest to the party incurring the full expenses and costs resulting from said
work within six (6) months from the date of the billing statement shall entitle the party incurring
the full expenses and costs to reasonable attorneys' fees in obtaining a judgment for collection
of the amount due, in addition to any other remedies available at law or in equity for breach of
F: \1999\ Agreements \VIXRanch-Wellshareag reement-Parcels2&3 -1. wpd
September 30, 1999
-3-
Well Sharing Agreement
VIX Ranch Well No. 2
Page 4 of 7
this Agreement.
11. Exemption Parcel No.
incurred for operation, maintenance,
Infrastructure.
12. Exemption Parcel No.
incurred for operation, maintenance,
Infrastructure.
3 Owner shall be responsible for all expenses and costs
repair and replacement of the Parcel 3 Water Delivery
2 Owner shall be responsible for all expenses and costs
repair and replacement of the Parcel 2 Water Delivery
13. The parties acknowledge that the electrical utility costs associated with operation
of the VIX Ranch Well No. 2 shall be billed to Exemption Parcel No. 3 Owner and Exemption
Parcel No. 3 Owner shall provide a billing statement to Exemption Parcel No. 2 Owner for
payment of these costs according to the parties' respective responsibilities for operating expenses
and costs as set forth in Paragraph 9 of this Agreement. Exemption Parcel No. 2 Owner shall
remit payment to Exemption Parcel No. 3 Owner within thirty (30) days from the date of the
billing statement. In the event Exemption Parcel No. 2 Owner fails to timely make payment,
Exemption Parcel No. 3 Owner shall be entitled to the provisions and the remedies for late or
non-payment as set forth in Paragraph 10 of this Agreement.
14. In the event that any governmental or judicial authority having competent
jurisdiction imposes additional requirements or restrictions on the use of water diverted trough
the VD( Ranch Well No. 2, the parties agree to cooperate in complying with such requirements
or restrictions to ensure continuation of a legal domestic water supply for both Exemption Parcel
No. 2 and Exemption Parcel No. 3. The parties shall bear the burden resulting from said
additional requirements or restrictions according to the parties' entitlements to use water diverted
through the VIX Ranch Well No. 2 as set forth in Paragraph 7 of this Agreement. In the event
the parties incur expenses and costs resulting from implementing said additional requirement or
restrictions, each party shall be responsible for one-half (1/2) of the expenses and costs associated
with said additional requirements or restrictions. Should either party fail to cooperate, the other
party shall be entitled to take any and all actions necessary to implement said additional
requirements or restrictions after first notifying the uncooperative party in writing, and both
meeting and conferring with the uncooperative party prior to taking such necessary action. The
party taking such necessary actions shall notify the uncooperative party in writing of that party's
proportionate share of the resulting expenses and costs. In the event the uncooperative party
fails to timely make payment to the party incurring the resulting expenses and costs, the party
incurring the resulting expenses and costs shall be entitled to the provisions and remedies for late
or non-payment as set forth in Paragraph 10 of this Agreement.
F: \1999 \Agreements \VIXRimch-Wellshareag reement- Porcels2&3 -1. wpd
September 30, 1999
-4-
Well Sharing Agreement
VIX Ranch Well No. 2
Page 5 of 7
15. In the event either party chooses to permanently discontinue domestic water supply
from the VIX Ranch Well No. 2 to that party's parcel, the party discontinuing domestic water
supply from the VIX Ranch Well No. 2 shall convey and assign that party's interest in the VIX
Ranch Well No. 2 and Common Water Delivery Infrastructure by quit claim deed and
assignment to the other party. The party discontinuing domestic water supply from the VIX
Ranch Well No. 2 shall have no right to reimbursement or payment for sums contributed
pursuant to the terms of this Agreement.
16. This Agreement shall inure to the benefit of and be binding upon the parties, their
heirs, devisees, executors, administrators, assignees, transferees and successors in interest.
17. The language used in this Agreement and all parts thereof shall be construed as
a whole according to its plain meaning, and not strictly for or against any party. All parties have
equally participated in the preparation of this Agreement.
18. If any covenant, term, condition or provision contained in this Agreement is held
by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such
covenant, term, condition or provision shall be severed or modified to the extent necessary to
make it enforceable, and the resulting agreement shall remain in full force and effect.
19. This document embodies the entire and complete agreement of the parties. No
promise or undertaking has been made by either party, and no understanding exists with respect
to the transactions contemplated, except as expressly set forth in this Agreement. All prior and
contemporaneous negotiations and understandings between the parties are integrated and merged
into this Agreement.
20. This Agreement may be amended from time to time by the parties in written form
and executed in the same manner as this Agreement. This Agreement shall be recorded with
the Garfield County Clerk and Recorder and each party shall be responsible for one-half ('h) of
the recording costs.
21. The parties agree and intend that this Agreement shall run with, and be a burden
and benefit to, Exemption Parcel No. 2 and Exemption Parcel No. 3.
22. This Agreement may be executed in duplicate original counterparts, each of which
shall constitute an original, but all which shall constitute one and the same document.
23. The terms of this Agreement, and the obligations, duties, responsibilities and
benefits thereunder, shall survive closing on any conveyance of real property described herein,
F: \1999\Agreetnenta\VIXRanch-Wellehareagreement-Parcels2&3 -1. wpd
September 30, 1999 -5-
Well Sharing Agreement
VIX Ranch Well No. 2
Page 6 of 7
and shall not merge with the deed or other conveyance documents.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth next to their signatures.
STATE OF
COUNTY OF
) ss.
EXEMPTION PARCEL NO. 3 OWNER
By:
Date:
Acknowledged, subscribed, and sworn to before me this day of
, by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
F:\1999\Agreements\VIXRanch-Wellshareag regiment-Parcels2&3-1. wpd
September 30, 1999 -6-
Well Sharing Agreement
VIX Ranch Well No. 2
Page 7 of 7
EXEMPTION PARCEL NO. 2 OWNER
By:
Date:
STATE OF )
) ss.
COUNTY OF )
Acknowledged, subscribed, and sworn to before me this day of
, by
WITNESS my hand and official seal.
My Commission expires:
F: \1999\Agreemente\VDCRanch- Wellshareag regiment-Parcels2&3-1. wpd
September 30, 1999
-7-
Notary Public
RECEIVED OCT 0 1 1999
Dau[Brr B
Exemption Parcel No, 3
A parcel of land situated in the NE1 of Section 13, Township 5 South, Range 91 West of the
Sixth Principal Meridian, County of Garfield , State of Colorado; said parcel lying westerly of an
existing fence line (said fence line is situated easterly of East Elk Creek) and being more
particularly described as follows:
Beginning at point from which the North Center Sixteenth Corner of said Section
13, a B.L.M. aluminum cap standard monument bears N.83 °54'25 "W. 1,166.83
feet; thence N.43°30'32"E. 332.96 feet; thence S.72°03'45"E. 302.44 feet to an
existing fence line; thence S.26°49'38"W. along said fence line 70.57 feet; thence
S.58° 15' 19 "W. along said fence line 169.30 feet; thence S.33 °14'17"W. along
said fence line 40.70 feet; thence S.27°42'07"W._along said fence line 95.39 feet;
thence N.66°00'00"W. 300.47 feet to the point of beginning, said Parcel
containing 2.18 acres, mote or less.
F:\ 1999\Documents\V IXRanch-Parce13-description-1. wpd
September 17, 1999
RECEIVED OCT 0 1 1999
Exxon' C
Exemption Parcel No. 2
A parcel of land situated in the NE1/4 of Section 13, Township 5 South, Range 91 West of the
Sixth Principal Meridian, County of Garfield , State of Colorado; said parcel lying westerly of an
existing fence line (said fence line is situated easterly of East Elk Creek) and being more
particularly described as follows:
Beginning at point from which the North Center Sixteenth Corner of said Section
13, a B.L.M. aluminum cap standard monument bears N.83 '54'25"W. 1,166.83
feet; thence S.66°00'00"E. 300.47 feet to an existing fence line; thence
S.15°34'17"W. along said fence line 105.65 feet; thence S.45°01'25"W. along
said fence line 68.26 feet; thence S.36°44'30"W. along said fence line 27.52 feet;
thence S.47°44'00"W. along said fence line 118.02 feet; thence N.66°00'00"W.
237.90 feet; thence N.24°00'00"E. 303.11 feet to the point of beginning, said
Parcel containing 2.01 acres, more or less.
F:\1999\Documents\VLXRanch-Parce12-description-l.wpd
September 17, 1999
ESOURCtS.
7.; • • t"' .;,1 ••••
USE,tROUND.,-.WATETWI-. •
• .C7-"A',PERM I T TO CONSTRUCT A.VELL .
Exhibit D
• • . •••
APPLICATION TOR: • iL7 REPLACEMENT FOR NO.
•- „ "*. °
OTHER a.
TE SWAIN
• 137.:1:-.i
PRINT OR TYPE. LOCATION OF WELL .) - 14•
APPLICANT 404)
Street
N t to b-54-1 e -
r ..
ci ty State
,„•,,, I
Use of ground water
Owner of, land on which w0.1, •1. -„,„, ,
is located - -1, ..n •,.."'', 3 /Tryb,_ . '
Number of acres , , • • ' , : -, .;.`
, ... ` ' •
to be Irrigated - - --•'• - • ,,. • • Legal description description,of,„-
__1r.rated-aand .-
,
If I 6' I A), A./ C.I I - • •
COUNTY.- -1- ( r, ify , .
ddress A tu NE" sec: -1 3 ,
T. '7 .50 iR. '.. (-i ..,-;
•;-pik.
,
Street or.,
Lot & Block '.' . .•:;.'''.:'•-.4-..-: ;+,..-14#10,,I,
City or.. ' .,-...*...".: .44-,.... ..,'.
Subdivision ' -./-.. ..----i' .; '.4. 21.114.t.,IZ'Ai, 1.A4V:
14'''' 4, ,
- ".... ..:141•Wg,i, , o N;;
4 .
' .,;" -•''',0
-;...j,
. -
• Ground Water Basin.
Water Management ,•• . ,
• —G -i
Other water rights on
this land
Owner of irrigatedl•
land
Aquifer(s) groundwater is to be obtained
-.from ,-72AHPe I -
ESTIMATED WELLDATA-
_•• - - - _
Est. quantity of ground wpter .to _
Est. Max. Yield 1,40 GPM or CFS
Est. average annual amount to be
used in acre-feet
Storage capacity AF
Anticipated start of drilling 7 19
•
Hole Diameter:
7
'-ri-,7f-nmil fttutft.
in. from ft. to ft.
Casing: __,
Plain 1/ - in. from r) ft. to /R ft.
in. from ft. to ft.
Perf. 7 in. from / ft. to ft.
in. from ft. to ft.
PUMP DATA:
Type
Outlet
6_0 ID Hp / •
ik
- •
r F'
LOCKIE4 WELL). THE BACK OF. THIS SHEET7',. --:
P7.
Driller
Drill
Address
•
_ Signature of Applicant
CONDITIONS APPROVAL.
RECEIVED OCT 0 1.1S99
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PERMIT NO. 34662 CONDITIONAL /7
DATE ISSUED JUL 2 2 1968
,STATE 'ENGIN E - • CHA I RMAN, GROUND
.Z4
.; • WATER COMMISSION
• • 24:: • .:. ' -
\.BY , •
APPL I CAT-Ibletrit#44-14441 IttfirSATISFACTOR'itli BEFORE ACtEPTANCE
,•
"
' '4 A- - '
' • .
FILED
IN OFFICE OF HATER REFEREE
Ui. isin i NO. 5
'SEP 291972
TE OF 5 OLORAUO
I'4E00 .
Book 439
Pag6 492
4
Recorded. at 8:14 A.M
Reception No. 256669
Ella Stephens,
Recorder.
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
IN THE MATTER OF THE
APPLICATION FOR
WATER RIGHTS OF
VIX RANCH INC.
IN THE COLORADO
RIVER OR ITS TRIBUTARIES
TRIBUTARY INVOLVED:
ELK CREEK J
IN GARFIELD COUNTY
CASE NO. W- 586
. January 15,1973
Exhibit E
F I I_ E._)
EEv WAT Cs_: co J11" ECEIVED OCT 0 1 1999
Division No.
SGI'2 9197
E OF COO
WATER CLERK
By DF. PUT
RULING OF THE REFEREE
ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
ThiL application was referred to the. Water Referee of
Water Divisioh No. 5 on the 5th day of Iry , 1972;
VIX RANCH, INC.
1. Name of Applicant c/o Mason & Wing
Address P.O. Box 907
Rifle Colorado
2. The n a of the structure is
VIX Well No.2.
3. The I gal description of the structure is; the well is located
in the SE'kNE' Section 13, T. 5 S., R. 91 W., 6th P.M., at
a point which lies N.82°W. 522 feet,' and N.26°E. 1360 feet
from the Southwest Corner of saidSE'Na Sec. 13.
4. The df.th • the el is. 26 feet
5. The date of initiation of appropriation is
July 24, 1968.
6. The amount of water claimed is 0.03 cubit feet per second
of time.
7. The use of the water is domestic.
8. The State Engineer's number is P 34662.
9. The Priority date is July 24, 1968.
10. The date of the application was May 2, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and kranted the indicated priority; subjedt, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial'review
•
as_D p idPJd,.p ..�a x
DonO at the City of Glenwood Springs, Colorado this
of September , 197_2.
29th day
ro protest was filed in this matteM
1h, foregoing ruling is otinfirme0
ani approved, and is madelthe
Ju::gment and Decree of this oourt.
Water Judge
Datodt
atcz. Referee
Water Division No.
State of Colorado
50
fi
•
RECEIVED OCT 0 1 1999
Burning Mountains
Fire Protection District
5033 County Road 335 #410
New Castle, CO 81647
Board
Ross Talbott - Chairman
Joe Montover
Norm Brown
Tom Voight
Robert Sutphen
Don Zordel - Chief
Stu Cerise - Assist. Chief
July 14, 1999
SUBJECT EXEMPTION:
TO WHOM IT MAY CONCERN:
This is to inform you that the property at 1773, 1775, and 1729 County Road 241. The parcels
situated in Section 13, TS5 South, Range 91 West of the 6th Principal Meridian, Garfield County
Colorado owned by Charles H. and Beverly J. Klein is with in the Burning Mountains Fire
Protection District and we do provide fire protection to same. It should be noted at this time that
the distance from the fire stations will cause come delay in response time. I see no other problems
with fire protection at this time.
THANK YOU:
Donald L. Zo s el, •ef
Burning Mountains FPD
RECEIVED OCT 0 1 1999
Recorded at o'clock
Reception No. °— )2550
MAR 2 5 1980 _.
2ICWIn geed
KNOW ALL MEN BY THESE PRESENTS THAT
VIX RANCH, INC.
First Party
P.O. Box or Street Address
New castle. Colorado
City State
81647
Zip
for and in consideration of ten dollars and other valuable
to
VIX RANCH CO.
• 6OOi! 5'15 PAGE681
Recorder.
RECORDER
MAR 2 5 1980
STATE IOC1111111Ad m
* 0 husband and wife
❑ single person
® a Colorado Corporation
❑ a Partnership
❑ a Limited Partnership
consideration, in hand paid, hereby sells and quitclaims
Second Party
P.O. Box or Street Address
New Castle, Colorado
City State
81647
Zip
the following described property in the County of
with all its appurtenances.
SI�NB[a,lhis 14thday of
s`s,,fir
=t :
Garfield
*❑ individually
❑
joint tenancy
❑ tenancy in common
❑ a Colorado Corporation
❑ a Partnership
® a Limited Partnership
and State of Colorado:
SES EXHIBIT "A" ATTACHED HERETO AND
BY REFERENCE MADE A PART HEREOF
March
•
•
4.
_, ,,n:F,
FA C,r I
�ti'•.. ••. �retary
° .' ()1.t .. , n
..STAE OF g0i;
TL?pRfD0
1
' , ..�, t,) ss.
COUAITYtOF GARF!ELD 1
t.
he fo(egoing instrument was acknowledged before me this 14th day of March
19 80lys� 'tharles H. Klein as President and Wilhelmina C. Klein
4 Vit.
,.a•"g��£gry of VIX RANCH, INC., a Colorado corporation.
�Q
.:.••Witne'ss•t ,Band and official seal.
:MAn misslo13 expires: 8/30/83
,l'. U D L Notary Public y
• Mar spR4cj t• square with x.
Singular shall include plural as context requires.
r
A D 19I .
VIX RANCH, INC., a Colorado corporation
By:
Preside t
PETRE, ZIMMERMAN & SHELTON P.C. — Form 2
Y
R•
b:3:21( 545 FAA682
EXHIBIT "A"
PARCEL I
The E4SW4SW4 of Section 12, the E4NANW4; E4NA, and the NE4
of Section 13, all in Township 5 South, Range 91 West, 6th
P.M., excepting therefrom a tract of land in the NE4NE4,
Section 13, described in Book 123, Page 523 of the records
of Garfield County, Colorado; and also excepting a tract of
land containing about 80 acres, and a right of way for a
road conveyed to L.W. Coleman by deed recorded in Book 152
at Page 13 of said records.
Together with all ditch and water rights, including a 1/2
interest in the Red Glen Highline Ditch No. 90, with Priority
No. 5b, and a 1/5 interest in the Barrett Ditch No. 2,
together -with 3/50 of a cubic foot of water per second of
time,, the same being Ditch 83AA with Priority 142BB.
Together with all grazing rights under the Taylor Grazing
Act on the Public Domain Range based upon or appurtenant to
the above described property or any part thereof, and their
forest permits for 125 head of cattle.
PARCEL II - MINERAL RIGHTS
An undivided one-half interest in and to all oil, gas and
minerals in or under the following:
The WINW4 and Lots 3 and 4 of Section 11, Township 6 South,
Range 92 West, 6th P.M., save and except that part of the
Nk4@F°°* of Section 11 conveyed to Domenica Oberto by deed
recorded as Document 42327 in Book 83 at Page 474 of the
records of Garfield County, Colorado, and except also, the
right of way of the Denver and Rio Grande Railroad,
Also, the easterly 10 or 11 acres of that portion of the NE4
of Section 10, Township 6 South, Range 92 West of the 6th
P.M., situated South of the railroad right of way, North of
the Colorado River, and East of the County Highway adjoining
the Northwest 1/4 of Section 11, Township 6 South, Range 92
West, 6th P.M.
PARCEL III - MINERAL RIGHTS
An undivided one-half interest in and to all oil, gas and
minerals in or under the following:
The ASA, Section 29; W1/2NA, less tract in the Southwest
Corner, Section 32, Township 5 South, Range 90 west, 6th
P.M.
Recorded at 9:02 o'clock. A.M., September 28, 1970 — Book 413
C*asx§,.K.f:.egan, Recorder. Page 363
Reception No 247536
THIS DEED, Made this 31st day of August
in the year of our Lord, one thousand nine hundred and severity
between
KLEIN AND KRAUTH, INC.
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the first part, and
V I X RANCH, INC.
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the second part;
WITNESSETH, That the said party of the first part, for and in considcraton o the sum of Thirty
Thousand Seven Hundred Forty and No/100 DOLLARS
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following
described or parcel of land, situate, Tying and being in the County of Garfield
and State of Colorado, to -wit:
RECORDER'S STAMP
STATE DOCUMENTARY FEE
SEP 46 151()
PARCEL I
The E'SW;SWQ of Section 12, the E1/2NW;NW14; E1/2NW4, and the NES of Sec-
tion 13, all in Tp. 5 S., R. 91 W., 6th P.M., containing 280 acres,
excepting therefrom a.tract of ---land . in the -NE aNE a, _ Section 13, _ des-
cribed in Book 123, Page 523 of the records of Garfield County,
Colorado; and also excepting a tract of land containing about 80
acres, and a right of way for a road conveyed to L. W. Coleman by
deed recorded in Book 152 at Page 13 of said records.
Together with all ditch and water rights, including a 1/2 interest i
the Red Glen Highline Ditch No. 90, with Priority No.56, and a 1/5
interest in the Barrett Ditch No. 2, together with 3/50 of a cubic
foot of water per second of time, the same being Ditch 83AA with
Priority 142BB.
ThherttbfleanegT. of description is on rider attached and made a
TOOETHER, with al and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity. of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
said party of the second part, its successors and assigns forever. And the said
KLEIN AND KRAUTH, INC.
party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the
said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these pres-
ents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in fee simple, and hath 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;
Second Parties assume the 1970 general taxes.
and the above bargained premises in fhe quiet and peaceable possession -of the said party of -the second put, -its _sue._.
cessors and assigns against alt and every person or persons lawfully claiming or to claim the whole or any part
thereofothe aaid,Rarty of the first part shall and will WARRANT AND FOREVER DEFEND.
IN IFirrRBp''WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub-
scribed'Tiy Iia .' ..,4' ti, president, and its corporate seal to be hereunto affixed, attested by its
sectetste0Le liars tf •t� ss—first above written.
Pittest: tie' KLEIN ....AND..KRAUTl.,--I• 11:e. j By ;%'d/47 /'?7 '/?
' y;'c_G SM^,4� Walter K. Klein Vice -r"'""• S•�,lrOP COLORADO, 1`
�0 T. n N'•..-. of Garfield I99.
County
The foregoing instrument was acknowledged before me this 31st day of August
19 70 . by WALTER K. KLEIN as Vice President and
MARTHA L. KRAUTH as Secretary of
KLEIN AND KRAUTH, INC. , a corporation.
My notarial commission expires November 19, 1972
Witness my hand and gff• al seal.
'/ '_
Notary Public.
-
f •m }O
•. ,
No. 76i'.-syARRAs4a1,D iD—Carpor.non to Corporation.
--nr,drord-itobiuron Printing Company. 1e24t8 Stout Street, Denver. Colorado
Book 413 RIDER
Page 364 To
Warranty Deed dated August 31, 1970
From
Klein and Krauth, Inc. to V I X Ranch, Inc.
Together with all grazing rights under the Taylor Grazing Act on the
Public
Domain
anRange
partbased
thereof, and theirappurtenant
foresttpermits forabove
125described
headof
property Y
cattle. PARCEL II
All of the mineral rights owned by Klein and Krauth, Inc., being an
undivided one-half interest in and to all oil, gas and minerals in or
under the following:
The N4NW4 and Lots 3 and 4 of Sec. 11, Tp. 6 S., R. 92 W., 6th P.M,
save and except that part of the NE4NW4 of Sec. 11 conveyed to Domenica
Oberto by deed recorded as Document 42327 in Book 83 at Page 474 of the
records of Garfield County, Colorado, and except also, the right of way
of the Denver and Rio Grande Railroad.
--Also; the easterly 10 or 11 acres of that portion of the NE4 of Sec. 10,
Tp. 6 S., R. 92 W. of the 6th P.M., situated South of the railroad
right of way, North of the Colorado River, and East of the County
Highway adjoining the Northwest 1/4 of Sec. 11, Tp. 6 S., R. 92 W.,
6th P.M.
PARCEL III
All of the mineral rights owned by Klein and Krauth, Inc., being an
undivided one-half interest in and to all oil, gas and minerals in or
under the following:
The W4SW4 Section 29; W1/2NW4, less tract in the Southwest Corner, Section
32, Township 5 S., R. 90 W., 6th P.M.
_
I v
SECTION /3
GARFIELD COUNT/
Sketz,'r Of5urvej
YlX Wei/
l.�
Fnyine:=;- H. D Raymond; . ,
6661. l 0 130 03/ 0338
RECEIVED OCT 0
1 199 SHEET NUMBER 11
IFLE AREA, COLORADO
(NEW CASTLE QUADRANGLE)
107 30'00-
k 39° 37'30"
'7
104
RECEIVED OCT 0 1 1999
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
SOIL SURVEY
Soil name and
map symbol
Shallow
excavations
i
Dwellings
without
basements
Dwellings
with
basements
Small
commercial
buildings
1 Local roads
and streets
12*:
Inchau
Chilton
15
Chilton
16
Cimarron
;Severe:
: slope.
iSlight
:Moderate:
I slope.
;Severe:
1 slope.
1Moderate:
too clayey.
17 ;Severe:
Cochetopa 1 slope.
18*, 19*: 1
Cochetopa :Severe:
1 slope.
Jerry ;Severe:
1 slope.
20*. 1
Cryaquolls
21*: 1
Cushman ;Severe:
I slope,
1 cutbanks
1
Lazear :Severe:
1 depth to
1- slope.
22 'Severe:
Dateman 1 slope,
1 depth to
23 :Severe:
Detra 1 slope.
24*: 1
Dollard ;Severe:
I slope.
Rock outcrop. :
25 ;Severe:
Etoe 1 slope,
1 large stones.
!Severe:
I slope.
;Slight
:Moderate:
I slope.
1Severe:
I slope.
;Severe:
: shrink -swell,
I low strength.
(Severe:
I shrink -swell,
I slope,
I low strength.
;Severe:
I shrihk-swell,
I slope,
I low strength.
:Severe:
1 slope,
: shrink -swell,
low strength.
:Severe:
: slope.
cave. 1
:Severe:
rock, I slope,
: depth to rock.
;Severe:
I slope.
rock.
:Severe:
1 slope.
:Severe:
I slope,
: shrink -swell,
I low strength.
:Severe:
I slope,
large stones.
;Severe:
I slope.
26*:
Farlow
;Severe:
1 slope.
See footnote at end of table.
ISevere:
I slope.
1
;Slight
:Moderate:
I slope.
;Severe:
I slope.
;Severe:
I shrink -swell,
1 low strength.
;Severe:
I shrink -swell,
I slope,
1 low strength.
:Severe:
I shrink -swell,
I slope,
I low strength.
;Severe:
I slope,
: shrink -swell,
I low strength.
;Severe:
I slope.
;Severe:
I depth to rock,
I slope.
ISever-e:
I slope,
I depth to rock.
:Severe:
slope.
i
:Severe:
I slope,
I shrink -swell,
I depth to rock.
Severe:
slope,
large stones.
;Severe:
1 slope.
;Severe:
i I slope.
:Moderate:
1 slope.
;Severe:
1 slope.
;Severe:
slope.
:Severe:
1 shrink -swell,
1 low strength.
;Severe:
shrink -swell,
I slope,
1 low strength.
;Severe:
1 shrink -swell,
1 slope,
low strength.
;Severe:
1 slope,
1 shrink -swell,
I low strength.
1
;Severe:
slope.
:
;Severe:
I slope,
I, depth to rock.
Sever -e.:---.-
1 slope.
;Severe:
: slope.
;Severe:
1 slope,
shrink -swell,
1 low strength.
;Severe:
I slope,
: large stones.
;Severe:
1 slope.
;Severe:
I slope.
:Slight.
;Moderate:
: slope.
(Severe:
I slope.
;Severe:
1 shrink -swell,
1 low strength..
;Severe:
I shrink -swell, -
I slope,
I low strength.
;Severe:
1 shrink -swell,
1 slope,
I low strength.
1Severe:
1 slope,
1 shrink -swell,
: low strength.
;Severe:
I slope.
Severe:
depth to rock,
slope.
Severe:__
slope.
,Severe:
I slope.
:
;Severe:
1 slope,
shrink -swell,
: low strength.
;Severe:
I slope,
I large stones.
;Severe:
slope.
:
iFLE AREA, COLORADO
TABLE 8. --SANITARY FACILITIES --Continued
109
Soil name and
map symbol
Septic tank
absorption
fields
Sewage lagoon ; Trench
areas ; sanitary
landfill
Area
sanitary
landfill
Daily cover
for landfill
12*: ;Severe: ;Poor:
depth to rock. ; depth to rock. ; depth to rock.
Severe: ;Severe: Severe: { slope. I slope,
Inchau slope, ; slope, slope, 1 thin layer,
, I area reclaim.
1
1
1 ' ;Severe: 1Poor:
X13 Slight ;Severe: ;Severe: 1 seepage. ; small stones.
' I seepage. I seepage. 1
Chilton . I '
;Severe: ;Poor:
'Severe: ;Severe: ; small stones.
1C Moderate: 1 seepage. I seepage.
slope. ; seepage,.
Chilton ' '
I slope.
; ; ;Severe: ,Poor:
;Severe: ;Severe: I small stones,
15 ;Severe: 1 seepage. I slope,
Chilton ; slope. ; seepage, ' 1 seepage. ; slope.
I slope. 1 . ;
'Severe: ;Severe- ;Slight ;Poor:
16 ;Severe: . too clayey.
percs slowly. I slope. . too clayey.1
Cimarron1 . ;Poor:
17 ;Severe: ;Severe: ;Severe:
Cochetopa percs ISevere:
; slope. ; slope,
slowly, I slope. I too clayey, ; too clayey.
slope. 1 ; slope.
; '
. I
1 . 1poor:
18*; ; ;Severe: ;Severe:
;Severe: ;Severe: ; slope. ; slope,
Cochetopa 1 too clayey. 1 too clayey.
percs slowly, slope.
, slope.
1 ;Poor:
;Severe: ;Severe: ;Severe: ;Severe:
I slope, ; slope,
Jerry ; slope. . too clayey. ; 1 too clayey.
percs slowly. ; '
19*: 1 I
Cochetopa ;Severe: ;Severe:I too Severe: ;Severe: Poor:
clayey, I slope. slope,
percs slowly, � slope. . I too clayey.
; slope. .
I slope. . 1 ;poor:
' ISevere: Severe:
Jerry ISevere: ;Severe: slope, slope. slope'
I slope, • ; too clayey.
percs slowly. 1 slope I too clayey. 1
,
1 I
20*. •
Cryaquolls • ;
1 -
21*; 1evere: Severe: Severe: Poor:
Severe: • slope,
Cushman �1Sdepth to rock, depth to rock, I depth to rock, slope. thin layer.
slope. 1 1
slope. { slope. 1 1
1 1 ;Severe: ;Poor:
;Severe: ;Severe: ;Severe: ; slope,
Lazear . ' depth to rock, I slope. I thin layer,
I depth to rock, slope to rock, I slope. . I area reclaim.
slope. • '
1 '1;Severe: IPoo
slr:
;Severe: ; slope.1 ope,
Dateman I slope, ; slope,
22 ;Severe: ;Severe: 1 slope,I small stones,
I depth to rock. 1 depth to rock. 1 depth to rock. I area reclaim.
1 • ;Severe: Poor:
;Severe: Severe: ; slope.
23 ;Severe: I slope. depth to rock. I slope. I
Detra ; slope. I ; ; ,
24*: . 1 ' 'Severe: ;Poor:
Dollard ISevere; ISevere: ;Severe: 1 ; sorpe,
{ depth to rock, I slope, slope. ; too clayey,
, slope, too clayey,
percs slowly, { slope. {
1 depth to rock. 1 I depth to rock. 1
{ thin layer.
1
. { I 1
.
See footnote at end of table.
120
[Some terms that describe restrictive
that the soil was not evaluated]
TABLE 10. --WATER MANAGEMENT
soil features are defined in the Glossary.
Absence
SOIL SURVEY
of an entry indicates
. Soil name and
map symbol
1
Almy Variant
2*:
Arle
3
Ansari
Rock outcrop.
Arvada
Pond
reservoir
areas
Embankments,
dikes, and
levees
Drainage
Irrigation
: Terraces and
diversions
Grassed
waterways
:Slope
1
+
:Slope,
: seepage,
: depth to rock.
:Slope,
: depth to rock.
Favorable
:Piping,
: thin layer,
: large stones.
1
:Thin layer
1 1
, 1
1 1
, 1
I 1
I +
:Favorable ;Excess sodium--
1
11
i
11
Slope :Slope
Slope, ;Large stones,
depth to rock,; slope,
large stones. I droughty.
Slope, :Droughty,
depth to rock.: slope,
Slope
Large stones,
slope,
depth to rock.
;Slope,
I depth to rock.
: rooting depth.;
11
1 +
, 1
1 +
Peres slowly, ;Slope, :Peres slowly ---:Peres slowly
excess sodium,: percs slowly, I : excess sodium,,
slope. 1 : excess sodium.: 1
•: : 1
;Slope, ;Slope,
percs slowly. : percs slowly,
: excess sodium
:Slope.
;Large stones,
' slope,
droughty.
,Slope,
: rooting depth;
I droughty.
4 :Excess sodium --:Peres slowly, ;Slope,
Arvada i : excess sodium, percs slowly,
: slope. excess sodium.
1 ,
5 ;Favorable :Slope Slope Slope
I
Ascalon
i
6 :Favorable :Slope :Slope :Slope
Ascalon . , 1
'
7*: I , 1
Ascalon :Favorable :Slope :Slope :Slope
1 1
, 1 1 1
1 ,
1 +
1 : , 1
Pena :Slope, :Large stones ---:Slope, :Slope, :Slope,
: large stones. 1 : large stones. I large stones, 1 large stones.
droughty.
1. , 1
, I 1 , I
8*: : 1
Atencio :Seepage, :Seepage, :Slope, :Slope, Large stones,
1 slope. : large stones. I cutbanks cave,: droughty, : soil blowing.
1 : large stones. : soil blowing.
Azeltine :Slope, :Seepage, :Slope, :Slope, :Large stones, Droughty,
: seepage. 1 large stones. i Z arge stones.--._1_seepage,- ---- 1 -soli flowing.-1-1arge-s
1 . ; 1 droughty.
11 ' 1 1 '
1 :
: 1
�
9Badland ' 1 1
1
10 :Slope, :Piping, Slope :Slope :Favorable
Begay : seepage. : seepage.
11 :Slope, :Piping, :Slope Slope :Slope
Begay : seepage. : seepage. : 1 '
+ :
. I 1 1 , 1
:Depth to rock, :Thin layer :Depth to rock, :Rooting depth, :Slope,
I slope. : 1 slope. I slope. 1 depth
1
:
: . 11 1
Inchau :Slope, :Thin layer :Slope, :Slope, :Slope,
: depth to rock,: 1 depth to rock.: rooting depth.: depth
1 seepage. : 1 '
1:
:
1
:Seepage, :Seepage :Slope :Droughty,
I slope. : 1 : slope.
:Slope
:Seepage,
: slope.
:Seepage,
: slope.
:Seepage,
: slope.
:Slope.
:
:Slope.
;Slope.
Slope,
large stones,
droughty.
Droughty,
large stones
12*:
Bucklon
See footnote at end of table.
Favorable.
Slope.
:Slope,
to rock.: rooting dep
lope,
to rock.: rooting de
1 �
1 1
I +
:Favorable :+Droughty•
1 1
1
RIFLE AREA, COLORADO 115
TABLE 9. --CONSTRUCTION MATERIALS --Continued
Soil name and
map symbol
Roadfill
Sand
Gravel
Topsoil
12*:
Inchau
1 1 1
1 1 1
1 , 1
' ' 1
1 1 1
:Poor: ;Unsuited: :Unsuited: ;Poor:
1 slope, 1 thin layer. I thin layer. I slope,
1 thin layer, 1 1
small stones,
area reclaim. : : I area reclaim.
I I
Fair: :Unsuited :Unsuited :Poor:
low strength. . : ; small stones.
1
1
;Unsuited :Unsuited ;Poor:
' ; ; small stones,
1 ; ; slope.
1 1 1
;Unsuited ;Unsuited :Poor:
' i ; too clayey.
1 1
I
;Unsuited :Unsuited Poor:
: slope,
---: _._ small stones.
,
;
I I
;Unsuited ;Unsuited ;Poor:
1 I slope,
: : I small stones.
1 I
1
;Unsuited :Unsuited ;Poor:
1 : I slope,
1 ; ; large stones,
,
' ; : too clayey.
:
,
1
;Unsuited :.Unsuited Poor:
: : slope,
: ; small stones.
, 1
1 .
I I
:Unsuited
15 :Fair:
Chilton I slope,
I low strength.
16 :Poor:
Cimarron 1 shrink -swell,
I low strength.
17 -;Poor:
Cochetopa I shrink -swell,
;-.-slope ,
: low strength.
18*:
Cochetopa ;Poor:
I shrink -swell,
I low strength.
Jerry ;Poor:
I slope,
1 shrink -swell,
1 low strength.
19*:
Cochetopa !Poor:
shrink -swell,
1 slope,
1 low strength.
Jerry :Poor:
1 slope,
1 shrink -swell,
1 low strength.
20*.
Cryaquolls
1
21*: ;
Cushman I Poor: - — -- -
1 thin layer,
1 area reclaim.
Lazear ;Poor:
1 thin layer,
1 slope,
I area reclaim.
22 :Poor:
Dateman I slope,
I thin layer,
I area reclaim.
23 :Poor:
Detra : low strength.
See footnote at end of table.
,Unsuited :Poor:
; i 1 slope,
; 1 large stones,
,
: : too clayey.
1
1 , 1
,
'1 :
; '
1
:
1 I
:Unsuited: :Unsuited: :Poor:
: excess fines. ! excess fines. ; slope,
; 1 : small stones.
I I '
1
:Unsuited !Unsuited Poor:
1 ; large stones,
1 ; slope.
I 1
1
:
:Unsuited ;Unsuited: (Poor:
1 i excess fines. I slope,
,
1 , 1 small stones,
1 1 area reclaim.
' : 1
;Unsuited ;Unsuited :Poor:
1 1 : slope.
1 :
RIFLE AREA, COLORADO
135
TABLE 13•--ENGINEERING.INDEX PROPERTIES --Continued
sing
; Classification IFrag- i Percentage pasLiquid i Plas-
Iments 1 sieve number-- q
Soil name and ;Depth; USDA texture ; Iments I ticity
Unified I AASHTO 1> 3 I 1 ' '
map symbol 1 1 1 'inches; 4 1 10 1 40 1 200 i index
I 1 , , ' Pct i
' ; Pct i i i
1 ' 1
; I.. ; I 1 1 1 1 1 • 1 , 1
11
I 1 1 1 ; I I '
8Azeltine ;0-18,Gravelly sandy ISMIA-2, A-4; 0-5 170-85 150-75 140-65 125-40 ; --- ; NP
I ;
loam. i --- NP
118-60;Sand gravel,IGP,SP ;A-1 135-60 125-70 120-65 110-30 1 0-5 ;
1 1 and cobbles. ; I 1 1 1 ; ;
1 , 1 1 1 , I
1 1 4 I
1
9*• 1 1 I 1 '
Badland 1 '
1 1 1 I I
1 NP
1 1A -Z A_41 0 195-100195-100165-80 130-50 I •--- 1
10, 11 ; 0-141Fine loam ISM ' I 0-5 195-100195-100170-95 ;40-65 1 15-25 I NP -5
Begay i14-24iFine sandy loam,ISM, ML ;A-4 ;
1 1
1 very fine sandy) 1
1 1 1 I 1 NP
1 1 ,
I loam. 1
124-601Stony sandy ISM IA -2, A-4120-35 180-95 185-90 155-80 125-50
1
1 ; 1 1 1 1 1
1 loam, stony 1 1 1 1
fine sandy ; ' ' I 1 1
I 1 , 1 1 1 1 1 1 1
1 I loam. I 4 I '
I 1 1 ' ' , 1 I 1 1
' 1 L 1 1 1 1 1 1
? ; 1 1 0 195=1-00 95=700, 80=rt00-16o--80-1-25-35--r-10-t5--
1 0-5 (Loam ICL IA_6 A-71 0 1 ;80-100175-95 165-95 150-85 ; 25-50 1 10-25
1
515;Weay loam, loam ;CL 1A-- ,---1 --- 1 ---
1 _ __ 1
151
;Weathered I 1 ---
1 1 bedrock. 1 1 1 1 1 1 ; 1
1 I
1 1 0 175-100175-100170-90 150-70 1 25-35 1 5-10
1 0-3 ;Loam ;CL -ML, ML1A-4 1
3-36;Gravelly loam, IGM-GC, 1A-4, A-61 0-10 155-85 150-85 145-80 135-60 1 25-35 I 5-15
I ' ;
1 ' 1
1 1 gravelly clay GM, GC, 1 1 '1 1'
1 1 I 1 1
1 1 loam, Clay ; CL ; 1 1 1 1 1
1 1 1
1 I loam. 1 1
1 36 ;Weathered ; ---
1 1 1 i '
bedrock. 11 1 1
1 ; 1 1 1 I
1 1
1 1 A-41 0-5 170-80 160-70 145-55 130-45 1 15-25 1 NP -5
1 0-13;Channery loam ---ISM ;A-2' 140-60 130-60 125-40 ;15-35 I 1 NP -10
113-60;Very gravelly IGM 1A-2 ; 5-301 1 1 1
1 1 loam, very 1 1 1 1 1 1 1
1 1 cobbly sandy ; 1 1 1
' 1 '
1 loam, very 1 1 1 1 1
1
1 1 ,
1
1 1
1 channery sandy I ' 1 1 1
I 1
loam. 1 1 I
1 i 1 , 1 . 1 1 1 ,
0-4 ;Loam ;ML A-4 1 0 190-100190-100185-95 160-75 120-30 I NP -5
16 0-10 195-100195-100190-100175-90 145-70 130-45
Cimarron ; 4-60;Clay, silty c1ayICH, CL iA-71
1 1 1 1 1
1 loam, silty 1 1 1 1 1 1
I clay. 1 1 1 1 I.
1 1
17 1 0-211Loam IML -1A-4 1 0-5 185-100180-95 170-90 150-80 1 20-30 I NP -5
ZT=60;CTay; stony ICL, CH 1A-7 1 5-30 t70-90_160-90 155-85 ;5__0_-80 1 40-60 20-40
Cochetopa 1 1 ' 1
1 I 1
1 I Clay, stony ; I 1 1 ' 1
1 1 1 1 1 ; 1 ,
' 1 clay loam. 1 I , , 1 I 1 I 1
I 1
1
1 , I 1 1; 1
11
1
18*, 19*: ; ; 1 1
0-21;Loam IML IA -4 I 0-5 185-100180-95 170-90 150-80 120-30 I NP -
5
Cochetopa ;1
121-60;Clay, stony 1CL, CH ;A-7 ; 5-30 170-90 160-90 155-85 150-80 { 40-60 1 20-40
1 1 clay, stony ; 1 ' I 1 1 1
I1 , 1
1 1 clay loam. ; 1 ;
I 1 I I 1
; ' 20-35 I 5-15
Jerry 1 0-3 ;Stony oam 1CL, CH MLAA_7, A-61200-300 70-900170-800160-70 150-60 I1 40-60 1 25-45
1 3-60;Stony clay, ICL, 1 1 1 1
1 1 cobbly clay 1 1 1 1 1
1 1
1 1 loam, cobbly 1 ; 1
1
1 1 clay. ; 1 1 1 1
1 ; I 1
1 1 , I 1 1 1 1
20*. 1 1 1 1 i 1
1
Cryaquolls 1 1 1 1
1 1 1 1
1 1 1 4
, 1
See footnote at end•of table.
Bucklon
Inchau
RECEIVED OCT 0 1 1999
VIX RANCH SUBDIVISION EXEMPTION
Adjacent Property Owners Within 200' of Exemption
Main Elk Corporation
Mobil Oil Corporation
P.O. Box 290
Dallas, Texas 75221-0290
Pete Neutze
Attn: Mini Mart
P.O. Box 479
Uvalde, Texas 78802-0479
Conrad & Annette Sramek
1759 County Road 241
New Castle, Colorado 81647-9736
LE Quatre 4, LLC
1757 County Road 241
New Castle, Colorado 81647-9736
Richard & Carol Terrell
1811 County Road 241
New Castle, Colorado 81647
Milton Blakey
P.O. Box 260934
Lakewood, Colorado 80226-0934
Linda Gayle Nelsen
315 S. Lee Street
Lakewood, Colorado 80226-2749
Chris Eron & Kim Marshall; Marie Isen; Donald M. & Dorothy L. Isen
P.O. Box 1477
Frisco, Colorado 80443-1477
Phyllis L. Chowdry
2445 County Road 241
New Castle, Colorado 81647-9738
Bureau of Land Management
P. O. Box 1009
Glenwood Springs, Colorado 81602
Charles J. Terrell Living Trust
5033 County Road 335
New Castle, Colorado 81647
Parals
CHSUIDJ7kISION L \ LMP ON
thaated &ction 13y Thwnsh' of Som* Range g/the ogxth Pthw"aiMth&n
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5CALE : 1 ?NO -4= 200 FEET
FOUND Sly. STANDARD
MONUMENT,' NCRTHEAS.T
/ CORNER, 1CTION 13
•
/
Nr35a 39„
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P05. josement No.
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1•Q X55 �'% fi
Linda Gayle Nelson
315 S. Lee Street
Lakewood, Colorado 80226
POINT Cr BE6/NNINO, PARCEL if 1
FOUND B.L.M. ARAI CAP
STANDARD MONUMENT
CENTER QUARTER CORNER, SEC 73
.1.1.I.i
PETE NEUTZE 1
EXtP
5,00 AO:
u3.5
oO
Cd. /5 Pebpr �� ���
Plastic 2930
12'PLS Wit. Come: