HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.1999REQUEST:
BOCC 11/15/99
PROJECT INFORMATION AND STAFF COMMENTS
A request for exemption from the subdivision
regulations to create 3 lots and a remainder
parcel.
APPLICANT: Charles H. Klein
LOCATION: A tract of land located in portions of Section
12 & 13, T5 S, R91W of the 6th P.M.; Located
approximately 2 miles north of New Castle,
off of County Road 241.
SITE DATA: Approximately 220.0 acres
WATER: Shared wells between three new lots.
SEWER: ISDS
ACCESS: CR 241
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in District A, Urban Area of Influence and District
F, River/Flood Plain, Severe Environmental Constraints, as designated by the 1984 Garfield
County Comprehensive Plan's Management Districts map. The District A designation is
based upon the New Castle Urban Area of Influence and their water supply located in the
area.
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II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located approximately two (2) miles north of north of
New Castle. The property can be described as small mountain valley, sloping from
the northwest to the southeast. There is an existing ranch house on the larger parcel
and a bile home on one of the proposed exemption parcels. (See location map
pg• )
B. Project Description: The exemption proposes the division of a 220.0 acre tract of
land into 4 tracts of land approximately 5.0, 2.01, 2.18 and 211.0 acres each. Two
of the new lots will share an existing well (permit issued and use individual sewage
disposal systems. The other new lot will share the well serving the existing house
on the main ranch tract. Access f,qr alto will be via an access easement off of CR
241. (See application pgs. i )
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In
order to qualify for exemption, the parcel as it existed on January 1, 1973, must have
been larger than 35 acres in size at that time and not part of a recorded subdivision,
however, any parcel to divided by exemption that is split by a public right-of-way
(State or Federal highway, County road or railroad), preventing joint use of the
proposed tracts, and the division occurs along the public right-of-way , such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable. For the purposes of definition, all tracts of land
thirty-five (35) acres or greater in size, created after January 1,1973, will county as
parcels of land created by exemption since January 1, 1973.
The applicant has submitted a copy of a deed dated September 28, 1970 and provided
and explanation of the ownership that dates back to 1939. Based on County
Planning Department records and the previously noted documents, the applicants
qualify to request an exemption based upon the above criteria.
A. Zoning: The A/A/RD district allows by right agricultural uses and construction of
a single family home on no less than a 2 acre lot. The lot size proposed exceeds
zoning requirements. If should be noted that the
B. Legal Access: Legal access will be provided by an access easement off of CR 241
for all of the parcels. No documentation is provided in the application to verify that
the access easement is expandable.
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C. Water: The applicant has existing wells that were adjudicated in 1972 and 1973 for
domestic use. Since these were adjudicated as domestic wells, with no definition of
the number of dwellings contained on the court decree, the wells can only serve the
number of dwellings that have historically used them. In this case, each well has
served only one dwelling. The State Division of Water Resources can upgrade the
permits to the current definition of a domestic well, if a request to do so is presented
in written form to them. Prior to the approval of an exemption plat, the applicant
will need to provide the State approval of their upgrade of the well permits and
demonstrate that all wells will meet 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) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
The application includes a proposed well sharing agreement that meets the County's
requirements for such a document.
D. Sewer: Two of the existing lots have existing ISD systems. It should be noted that
the ISDS serving the existing mobile home may have to be upgraded if the unit were
to be replaced. All new units will be required to install a separate ISDS, meeting the
County and State regulations..
E. Access: The property accesses CR 241 via a 20' wide access easement described in
Book 805, Pg. 549 of the Garfield County records. Section 9:22 of the Subdivision
Regulations requires that all lots have at least 25' of street frontage. The 20' access
road easement needs to be expanded to 25' to meet this requirement.
E. State and Local Health Standards. Colorado Department of Health ISDS setback
standards should be verified by an engineer upon location of the individual ISDS on
each lot.
F. Floodplain: The property is located in an area without any FEMA floodplain
mapping. As a result the property is considered to be an area that is considered an
unmapped, but potential area of flooding. The only floodplain requirements are in
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the zoning resolution, which requires a setback of 30 ft. horizontally from the normal
high water of East Elk Creek. No residential structures can be built within this area
and a plat note should be included on the exemption plat noting the potential for
flooding of East Elk Creek.
G. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision
exemption and the dog shall be required to be confined within the owners property
boundaries. "
"No open hearth solid -fuel fireplaces will be allowed anywhere within a
subdivision exemption. One (1) new solid -fuel burning stove as defied by C.R.S.
25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances" .
"All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision exemption,
except that provisions may be made to allow for safety lighting that goes beyond
the property boundaries" .
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption from
subdivision regulations will not harm the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
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V. RECOMMENDATION
Staff can recommend approval of the proposed exemption, with the following conditions
of approval:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, 25 ft. wide access to a public
right-of-way, and any proposed easements for setbacks, drainage, irrigation, access
or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Site Acquisition Fees for each new
exemption parcel.
5. That prior to the submission of an exe • . ion plat, a new p.ccess easement showing
at least a 25' wide easement onto CR P 41.10(1 c1.12-1 •
6. That the applicant, and any future pro y owners of said property has the
reasonable ability to connect with any municipal or centralized water and/or sewer
system, the subject property owners shall be required to connect to said service and
remove any existing well head(s) and individual sewage disposal systems(s) which
may be located on said property, within one year of the effective date of service
availability."
7. Prior to the approval of an exemption plat, the applicant will submit documentation
from the Division of Water Resources verifying that the wells can serve multiple
dwellings and demonstrate that all wells will meet 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;
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6) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
8. That the following plat notes shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision exemption
and the dog shall be required to be confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within a subdivision
exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et.
seq., and the regulations promulgated thereunder, will be allowed in any dwelling
unit. All dwelling units will be allowed an unrestricted number of natural gas
burning stoves and appliances".
"All exterior lighting be the minimum amount necessary and that all exterior lighting
be directed inward, towards the interior of the subdivision exemption, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries".
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
"East Elk Creek is subject to flooding during high water and any structure must be
a minimum of 30 feet from the normal high water mark of the creek."
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Garfield County
Building & Sanitation Department
RECEIVED OCT 0 1 1999 109 8th St., Suite 303
Glenwood Springs, Colo. 81601
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 acres: 1@ 5 acres : 1@2 iaFres 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
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 rnnnnty RnaH 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.
Pi.
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
REtEIVED 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 remainin 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 aranch 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, 00 81802
(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 (AIRIR/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
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CONRAD SRAMEK & ANNETTE SRAMEK
1759 CO. RD. # 241
NEW CASTLE, CO. 81647
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(SEC 13)
EA51-11E.510ENTEXY/NE
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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 '%NE 'A 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
F: \ 1999\Agreements\VD(Ranch-Wellshareagreement-Parcel l - l . wpd
September 30, 1999
Well Sharing Agreement
VIX Ranch Well No. 1
Page 2 of 8
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 Infrastructure 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
F: \ 1999\Agreementa\ VIXRnnch-Wellshereagreement-Parccl1-1. wpd
September 30, 1999
-2-
Well Sharing Agreement
VIX Ranch Well No. 1
Page 3 of 8
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 (1)
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 (2/3) 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
F: \ 1999\Ag reements\ VIXRanch-Wellshareagreement-Parcel 1 -1. wpd
September 30. 1999
-3-
Well Sharing Agreement
VIX Ranch Well No. 1
Page 4 of 8
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 m 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
F: \ 1999Agreements \VIXRanch-Wellahareagreement-Parcell-1. wpd
September 30. 1999
-4-
Well Sharing Agreement
VIX Ranch Well No. 1
Page 5 of 8
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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September 30, 1999
-5-
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:
F: \ 1999\Agreemente\VIXRanch- Wellahareagreement- Parcel 1 - 1 . wpd
September 30. 1999
-6-
Notary Public
Well Sharing Agreement
VIX Ranch Well No. 1
Page 7 of 7
STATE OF
COUNTY OF
) ss.
EXEMPTION PARCEL NO.1 OWNER
Date:
Acknowledged, subscribed, and sworn to before me this
, by
WITNESS my hand and official seal.
My Commission expires:
F: \ 1999\Agreemenu\VDCRanch- Wellahareagreement-Parce11-1. wlxl
September 30. 1999
-7-
day of
Notary Public
RECEIVED OCT 0 1 1999
ExmBrr B
Exemption Parcel No. 1
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 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 IXRRattch-Parcel 1 -description- I . wpd
September 17, 1999
i
pplicani
cr)
P. Address el.., (7,9
Quantity applied for
; ::,".: ''...: ., +:`,,..4?'•:17::‘,,t1:40..". ILI
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APPLICATION FOR: •
.4..41 •,- ‘-q:.•:, .. .
L.) Used
. for
CD
CD
Lu on/at
n1 or
AF Storage
Purposes
(legal description of land site)
C)Total acreage irrigated and other rts.
1-1-1 • ESTIMATED DATA OF WELL
EY
Hole size: in. to 0 ft.
in. to
ft.
Casing Plain&in,.. from 0
in._from—
Open-OF-Perfin.. from
In. from
PUMP
DATA: Type
Use initiation date
(Use Supplemental pages for
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PER lNITo ONSTpuCT
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Exhibit C
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T.7.4 Street Address or Lot & .F3lock, No.
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A 3
-- THIS APPLICATION APPROVED
NOTE — SATISFACTORY
..•-s.2..;73:C. A
7 z.f.s.%.,„.. • ”'
TOWn or Subdivision
Locate.
-
well.77
. ,
40 acre
(small)•
square
as near
as possible.
Large square
is one section.
$25. 00 fee required for uses other
than Domestic -or 'Livestock.
Applicant
Agent or
Driller
No.
Address
COMPLETION REQUIRED_FOR-APPROV OF A LICATION
• ;:c
• ••:••.,•:';:••••n•-•;ps-''5••;<•?-7.3-t.--,:2••••••
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l'Atrs..Valt.
Recorded at 8:19 A.M. August 22, 1973 Book 448
Reception No. 259() r Ella Stephene,Recorde :Page 457 Exhibit D
FILEU RECEIVED OCT 0 11999
IN WATER ccs �:. ,
Division No. i
STATE OFCOLORADO,
.l ..
'IN THEDISTRICT cowry IN ANI) FOR
WA'FEN DIVISION f10. 5
.",TATE OF COLORADO
CASE NO. w- 585
IN THE MATTER !OF THE )
AI'r1.TcA'rrON FOR )
WATER RIGHTS OF )
VIX RANCH, INC. )
IN THE COLORADO )
RIVEROR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: )'
EAST ELK CREEK )
IN GARFIELD COUNTY )
MAY 291973.
RULING OF THE REFEREE
ABSOLUTE
W41 Cli CI CP•.
DI REE FOR
UNDER GrUND 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:
This application was referred to the Water Referee of
Water Division No. 5 on the 29th day of September , 1972.
VIX Ranch, Inc.
1. Name of Applicant c/o Mason & Beville
Address Box 907; Rifle, Colorado
t2. The name of the structure is VIX Well No. 1.
3. The Legal description of the structure is: ,The well is located
in the SW'kNE• 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 iNovember 4, 1964.
.6. The amount of water claimed is 0.035 cubic foot per
second of time.
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 thio ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
an provided by lnw.
s Done at the City of Glenwood Springs, Colorado this
3! dny of /11,47/ , 1973.
No protest ens filed in this matter.
The foregoing ruling is confirmed
and approved, and is made the
Judgment and Decree of this court.
Dated:
/7, /f Z3
�udge
Wnto r Referee
Wntcr Ilivi:;ion No. 5
ante of Colorndo
• RECEIVED OCT 0 1 1999
WELL SHARING AGREEMENT
FOR THE VIX RANCH WELL NO. 2
THIS AGREEMENT is made and entered into this
by and between
(hereinafter "Exemption Parcel No.
is,
Owner");
WITNESSETH:
, whose address is
day of
, 1999,
3 Owner"), and , whose address
(hereinafter "Exemption Parcel No. 2
WHEREAS, Exemption Parcel No. 3 Owner is the owner of certain property m 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 watersights 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 '/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: k1999 AgreetnentsWIXRanch-Wellahareag reemerd, Parce1B28z3 - 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 (1/2) interest in
the VIX Ranch Well No. 2 defined as being the water rights decreed m 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 (1/2) 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.
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September 30, 1999
-2-
Well Sharing Agreement
VDC 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 (1/2) 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
(lira) 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
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September 30. 1999
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Well Sharing Agreement
VIX Ranch Well No. 2
Page 4of7
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 VIX 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 ('/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:\1999Wgreementa\VIXRanch-Wellahareagreement-ParceLv2&3-1. wpd
September 30, 1999
-4-
-g_
Well Sharing Agreement
VDC 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 ('/2) 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\Agreements\VIXRanch-Wellshareagreement-Parcels2&3-1.wpd
September 30. 1999
-5-
-z9-
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:
F: \1999\Agreements\VDCRanch-WeiLhareagreement-Parcels2&3-1. wpd
September 30, 1999
-6-
Notary Public
Well Sharing Agreement
VD{ Ranch Well No. 2
Page 7 of 7
STATE OF
COUNTY OF
) ss.
EXEMPTION PARCEL NO. 2 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\VaRauch-WeW harcegreement-Parce15283-1. wpd
September 30. 1999
-7-
RECEIVED OCT 0 1 1999
Damn B
Exemption Parcel No. 3
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 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, more or less.
F:\1999\Do encs\VDRanch-Parce13-description-l.wpd
September 17, 1999
RECEIVED OCT 0 1 1999
Exam rr 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 11.8.02 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\Docum eats\VDQtaoch-Farce12deicription-1.wpd
September 17. 1999
�3-
ftt, ' • ' SOUAtES•
ei
.
4'
•
.PERMJ.TkrO 'U SEA ROUNO 4/A
- A. 'EMIT/ TO...CONSTRUCT; 0E41, ▪ •
APPLICATIONFOR: '17 :REPLACEMENT FOR NO.' •
, !;*: t. • •• ".# '•(Reaso0 . • )-•••- • ..7,
- • • .:•• I- ; •
;. E72,OTHER , • 43.
titv
• . ...' .01 . . • . • • . • , - 4 .1. • .
: • • PRINT OR TYPE , .: LOCATION -OF WELL.
APPLICANT 17e
• •
1J: C .COUNTY
•
. a
Street Addrss
, - • ..
L i ty State ( .e0/0 :- T. ''-'s 5.5e- ,-,ik. ••• le -d--•,...•••?•:- 6 :::r. ,p....til,t,...,:.:•-
7).**.F.
• . • • .
': Lot & Blbck '' . "- ' • ..
Alto 7Ni:.
'Mt
!or,
• •
;; •-,;'•-"
Use of_ ground water-
tY/ eS
Owner of_ land on which ws,1.1
Is located
Number of acres • ‘•• • - ' •
•
to be 'Irrigated - • ,
Legal-description„of, -
. ... •
'' Street or
City or - -
2: Subdivision s.
2. •
r
Ground Water Basin -
Water Management. - '74
__.1.r.r.i.gated-.Land D -i st-ri-c-t '• 4. •
, _
Other water rights on -
this land
..• • -'
Owner of 1 rri gated., -
land
Aquifer(s) grouncater is to be obtained
from
•
tki-e • • •
.ESTIMATED WELL DATA
Est. quant ty of_ ground wester to be -claimed:
Est. Max. Yield /0 GPM or CFS
Est. average annual amount to be
used in acre-feet
Storage capacity AF
Anticipated start
Hole Diameter:
,7 II. r16111 t. Lu t . ,
from ft. to • • ft. ..
of drilling 7 19
Casing:
Plain P7 -
Per -F.
PUMP DATA:
Type
in.
in.
in.
in.
from n
from
from /
from
ft.
ft.
ft.
ft.
LOCATE' WELt: .0 THE BACK OF THIS
• - 'r 3
Dr ill r
1.1r
Drill
Address
• _ Signature of Applicant
CONDITIONS OF APPROVAL
RECEIVED OCT 0 1.19
to 1g ft.
to ft.
to ft.
to ,
5TLIb'HP ./"..,.*Oull•iezet:-.
FOR STATE ENGINEER OR COMMISSION USE
• '•••.• -7:•,n, ',:i ,, •, f- ,,• is...,,-. • • !4;:t.,....,,,. ••••-; .. 7„:„,„.
...34, ••..,.,,......„,:•._,,„.,.._:•....,....,....„......,,.,•,...;.•..•..•......i,•--,/4,;; •••.•...: ia%;_s!..,--:t.,.'
•_----;,-. •• •- .. -r=•,r - .-,g,, • •.-.-....:” 3.•.5.; ...I: i'..,.,.- ''''.••• • -.•.,:• ; .- •••41.:,,..
• '. ' :, • • .
• - ...' •. fi••••4'-''''1'..1....,i•oi-_„„.'f, -.,..4.•••••• .--',...,.:-.4.-,- „,-..--"•• ;;-- • .-. ii .,..
• .;.,..'.5-: ..,•:..:: ,-,;:.-...1:--.;•p•Lig.. •i-.• ...!,,,,ii,ler•i: ....:„. ...,!
5.'; ,;_•-•-"Istodi -: i ' f.• •
• %,.... •
••••••.•;:.-••!,....4:
.; .
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PERMIT NO.
DATE. ISSUED
34662
_ •
CONDITIONAL / /
-STATE ENGIN E
'''",;;;f ' " .1:11'•:: ' , -'-2: -.' . „
JUL 2 2 1968
CHA I RMAN;tGROUND
WATER COMM• i! SS ION
-• 4irel. te,"7? !•.
APPL ICATiu U TI7BEKLO P ETEDSATISFACTORI:LY'' BEFORE' ACeEPTA-NL'E
'".1P4.•
••-, • -
1 t' •
3fo •
. • InvcR.
•F•ILED
IR OFFICE OF WATER REFEREE Book 492
PagS 492
Divisi.rt No. 5
SEP 2 91972
TE OF 5CLoRAUo
i F:1fiiRi•tiFer
11110
Recorded at 8:.14 A.M. January 15,1973
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 R
WATER RIGHTS OF
VIX RANCH INC.
IN THE COLORADO
RIVER OR ITS RIBUTARIES
TRIBUTARY INVOLVED:
ELK CREEK
IN GARFIELI) COUNTY
CASE NO. w- 586
Exhibit E
F i e ECEIVED OCT 0 1 1999
IN WA'1'L_:::U
Division No:
SPP2 9197
E OF CO
WATER CLERK
Sr DF. FUTv
RULING OF THE Rt tr.1tEE
ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
And the Referee having made the investigations required
by Article 2.1 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
ThiL application was referred to the.Watdr Referee of
Water Division No. 5 on the 5th day of May '
VIX RANCH, INC.
1. Name of Applicant c/o Mason & Wing
Address P.O. Box 907
2. The name of the structureeisColorado
VIX Well No.2.
3. The Legal description of rho structure is;! the well is
in the SEINE' Section.13, T. 5 S., R. 91 W., 6th
a point which lies N.82°W. 522 feet,I and N.26°E.
from the Southwest Corner of saidSE'kNEk Sec. 13.
d
h
1 is .. 26__f -et
located
P.M., at
1360 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; subject, 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_P d { t...arr.rTI
29th day
Don at the City of Glenwood Springs, Colorado this
of - -mb, r , 197Z.
'•o protest was filed in this matt,.
1h, foregoing ruling is confirms('
ani approved, and is madelthe
Ju::gment and Decree of this court.
Datodt�""'"�-�' 3' / /OY
•
Water Judge
-Referee
Water Division, No. 5°
State of Colorado
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. Zokel, 'ef
Burning Mountains FPD