HomeMy WebLinkAbout3.0 Correspondence,_/(
INTEROFT'ICE I"TEI'IO
Planning, Division, DeparEment of
Assessor rs Office
Possible Illegal Lor Sptir
NAME:
ADDRESS:
OTHER CONTACT:
DOCUMENT #:4Aj (,4 ,1
BooK,pAGE: ,V04 405
DArEoFFrLrNc, s/tl/? I
-
LOT SPLITS (Acreag,es) :
ADDITIONAL CO}IIIETIT
,l ,";q -fu4
CQa,or-f?v6t
4^ to
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
Veff'€*e-,tfnoJ
JuIy 12, 1991
Richard Veit
P.O. Box 323
Carbondale, CO 81623
RE: Subdivision ExemPtion
Dear Mr. Veit:
It has been brought to our attention that there may have been a
!f iictr in the itrr-"rrofogy of events surrounding the -c_reation of the
iit"r parcel, which mili render the transactions illegal' Let me
attempt, to explain the events as they transpired'
On May L7, 1991r You deeded a 35 acre tract to Jane Baker' This
properry was ; poition of thg paf99l which was being reviewed as
the Vej-t Uxemption. On June 3, 1991, the Garfield County-Board-of
C"""ty CommiSsioners approved a resolution and signed a pl?t
authoiizing the Veit exemption creating a 70 and a 10 acre parceL'
on June 20', 1991, the exe-mption ptat was recorded, finalizing the
exemption process.
Since the 35 acre tract was deeded to Jane Baker prior to the
"igt.trrt" of the resolution and the recordation of the exemption
pfit, the exemption is technically iIIegaI. Because these parcels
io"." created i't an illegal mannerr w€ would no longer be able to
issue permits on them.
This matter may seem inconsequential and largely- a technicalitlr'
In order to avdid any negative impacts on future lot buyersr-it-is
nonetheless necessary to correcC the situation. The remedy fo'ini" predicament ororrid be to recombine the two properties, then
refile the deed, transferring ownership back to Mrs. Baker. This
wiII result in the parcel(i) being created after the date of
recordation. This wi}l brin| Lhe entire chain of transactions into
compliance with our Subdivision Regulations.
109 8TH STREET, SUITE 303 . 945-82121625-55111285-1972 . GLENWOOD SPRINGS, COLORADO 81601
f.,
Richard Veit
Page 2JuIy L7, 1991
r realize that this is all probably quite confusing. rf you havequestions, give me a carr and r wirr attempt to exflain iL.
Sincerely,%%
Andrew C. Mccregor/ v Z
ACU/rlb
TO:
FROM:
*1'
NA}IE:
ADDRESS:
(
INTEROFF'ICE MEMO
Planning Division, DeparEmenE of Development
Assessor ts Office
Posslble Il1egal Lot Splir
.lEtg ugyr)lII
OTHER CONTACT:
DOCrrtlENr #: / 6 j (r4 I
BooK,pAGE: V04 405
DArEoFFrLrNc, S/tl/? t
LOT SPLITS (Acreages):
ADDITIONAL COM,TENTS:
GARTIELD
llAY 1 7 l99t
Stats Doc. Eoo
.y
,t)
I
.0)J:\du
{rrrcx EO4 pnE4O5,.L--F:c LriDcD,ir Jse 1.'-?:5 P^ilr r*llflY,lJ-+U *ni: c , lL2'J649 :'rI'- l,? :
$ CtrPWARMNTY DEED
THIS DEED, Made this 17th day of May , 19 91 , between RICHARD B. VEIT of the
County of Garfield arrd St.tu of ColEfdo, gr-antor, and JANE R. BAKER whose legal
address is P. O. Box 981, Carbondale, Colorado 81623, of the County of Garfield and
State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of TEN D0LLARS
and other good and valuable considerations, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these
p.""",,t"doesgrant,bargainsell,conveyandconfirmrUfltothegrantee,herheirs
and assigns forever, all the real property together with lmprovements, if any,
situate, lying and being in the County of Garfield and State of Colorado described
as follows:
A parcel of land situated in the NE| of the SE| of Section 21 and the
Wl of the SWI of Section 22, Township 7 South, Range 88 West of the Sixth
principal Meridian, County of Garfield, State of Colorado; said parcel
being more particularly described as follows:
Beginning at the East Sixteenth Corner of said Section 2L, a B.L.M.
Aluminum Cap in place I thence S. 89" 47' 36" E. along the East-West
centerline of said Section 21, 667 .39 feet to the True Point of
Beginning; thence continuing along said centerline S. 89"47 '36" E. 656.60
?e"[ to tf,e Quarter corner common to said Sections 2l and 22, a B.L.M.
Aluminum Cap in p1acel thence S. BBo46t 0B" E. along the East-West
centerline of said Secti,on 22, 15 I . 3I feet; thence leaving said
centerline S. 15o07'38" E. 475.13 feet; thence N. 89o23'48" E. 218.00
feet; thence S. 73o04'26" E. 175.11 feet; thence S. 80"42'23" E.178.50
feet; thence N. 83"39'15" E. 258.90 feet to a point lying on the Westerly
line of a parcel of land described in Reception No. 2587 13 of the records
of Ehe Garfield County Clerk and Recorderts Office; thence S. 04"52'21"
W. along said Westerly line I42.06 feeE; thence S. 87"43r40" E. along the
Southerly line of said parcel 7.52 feet to a point on the Westerly right-
of-way of Garfield County Road No. 107 (according to Reception No. 134670
and 134671 of said Garfield County records); thence S. 05'11'33" W. along
said Westerly right-of-way 1449.29 feet to a point on the Northerly line
of a parcel of land described in Reception No. 257357 of said Garfield
County records; thence leaving said right-of-way and continuing along
said Northerly line N. 89"53'13" W. 24.02 feet to a poinE on the EasEerly
line of a parcel of land described in Reception No. 299394 of said
Garfield CounEy records; thence along Ehe Easterly and Norrherly lines of
said parcel the following Ewo (2) courses:
1) along the arc of a non-Eangent curve to the right having a
central angle of 03'35t01", a radius of I89.00 feeE, a disEance
of 11.82 feet (chord bears N. 05'46'12" E. 11.82 feet);
2) N. 61.09'18" W. 140.84 feer; thence N. 36"02'36" W. 2496.51 feet,
to the True Point of Beginning; said parcel containing a5.001 acres' more
or less.
Together with a one-third (I/3rd) interesE in a waEer well situated
on Grantorts adjacent property to the $restr and the s/ater and water
rights connected therewith. Such well is under Well Permit No. 156612
issued by the St.ate of Colorado. Such well is situated on Grantorts land
about thirry (30) feet below the Park Ditch and appoximately I00 feet
west of the westerly boundary of the above described parcel. There is
also hereby granted to the Grantee an easemenE for a water line, ten (10)
feet in width, from the above described well easterly to the west
boundary of the above described parcel. Grantee shall be responsible for
the maintenance of said wat.er 1ine, and if repairs are necessary shall
restore the surface of the ground to its original condition. Grantee
shall also be responsible for one-Ehird (1/3rd) of Ehe mainEenance and
repair costs, and the operaEion expenses, of said water well.
Together with, but withouE warranty hereunder, 3.33 shares of Ehe
Park Ditch and Reservoir Co.
Reserving unEo Grantor all of his right, Eitle and inEerest in and
to the SEroock Well No. 1, and the water rights connected therewith,
being all rights in said well and well waters not reserved in l+larranEy
Deed recorded as Reception No. 2581L3 ln Book 445 at Page 493 of the
Garfield County records. Also reserving an easement, ten feeE in width,
for a $rater line from the said Stroock Well No. I northerly over Ehe most
o?p
L tir:Jl( E0'1 plcE406
of Garfield, State
VEIT.
feasible and direct route to the 10.001 acre parcel adjacent to the
northeasterly boundary of the land herein conveyed.
Reserving unto Grantor a ten (10) foot easement for a \^/ater line
from the w"Ii on Grantorts parcel to the wesE of; and adjacent to, the
above described parcel, being the well under Well Permit No. 156612'
Said water line easement traverses the above described parcel easterly
from said well to a 10.001 acre parcel adjacent to the northeasterly
boundary of the above described land, and is described as five (5) feet
on either side of the following described centerline:
Beginning at said wel1, thence N. 69"46'09" E. 325.74 feet; thence
s. 8i"32'56" E. 424.88 feet; thence N.49'31'16" E. 78.37 feet to the
boundary of said 10.001 acre parcel.
Reserving unto Grantor an existing road right-of-way traversing the
above described parcel in a generally east-west direction and lying
approximately 150 feet southerly of, and parallel to, the Park Ditch from
Garfield County Road 107 for approximately 1000 feet west from said
county Road; thence crossing said Ditch, the roadway continues wesEerly
approximately 150 feet north of and parallel to said Ditch to the west
btundary of the above described parcel. Said roadway is for the joint
use, for ingress and egress, of grantor, grantee, and Andrew Schwaller
and Alexandra Schwaller, their guests, licensees and invitees, and shall
inure to the benefit of said partiest heirsr p€rsonal representatives,
successors and assigns.
TOGETHER with all and singular the hereditaments and apPurEenances thereto
belonging, or i-n anywise appertaining, and the reversion and reversj-ons, remainder
and remainders, rents, issues and profits Ehereof, and al1 the estate, right, tiE1e,
interest, claim and demand whatsoever of the granEor, either in law or equity, of,
in and to the above bargai.ned premises, wirh the hereditaments and appurtenances.
TO HAVE AND TO HQLD the said premises above bargained and described, with the
appurtenances, unto the grantee, her heirs and assigns forever' And the grantor'
tti trimself, his heirs, and personal representatives, does covenant, granE, bargain'
and agree to and with Ehe Srantee, her hei-rs and assigns, EhaE at the time of the
"rr"""iirrg and delivery of these presents, he is well seized of Ehe premises above
conveyed, has good, sure, perfect, absoluEe and indefeasible estate of inherj-tance'
in law, in fee simple, and has good right, full po\^/er and lawful authority to granE'
bargain, sel] and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other granEs, bargains, sales, liens, taxes,
assessmenEs, encumbrances and restrictions of whatever kind or nature soeverr excePt
general property taxes and assessments for the current year' easemenls and rights-
of-r"y in use and of record and covenants and restrictions conEained in document
recorded as Receprion No. 32OOZ} in Book 582 at Page 955 of the Garfield County,
Colorado records.
The grantor sha11 and will WARRANT AND FOREVER DEFEND the above-bargained
premises i., the quiet and peaceable possession of the grantee, her heirs and
assigns, against ail and every person or persons lawfu1ly claiming the whole or any
part thereof.
IN WITNESS WHEREOF, the gra
above.
Richard B. VeiE
STATE OF
COUNTY OF
The foregoing
of Colorado,
-r.
COLOMDO )
) ss.
GARFIELD )
instrumentTwas acknowlelged before me in Ehe County
ch:.s /74 day of '/Zff-l , l99t bv RICHARD B.
Ngltrt
-2-
23e3-2r4-oo+trtlL *rreen
"=r-J
I t*Y*" *J
7-88
Sec. 21: A. tr. cont. 80.03 Ac. in Sec. 2L
and Sec. 22. Beg. at the E* cor. of Sec. 2L
the true POB; thence S.88046,08,' E. 1135.99';
thence S.04052r21" W. 630.23r; thence S.87o
43'40" E.7.52'; thence S.O5oI1r33" W. l 449.29ti
thence N.89053r13" W. 24.O2ti thence along thearc of a curve to the right hav. a rad. of
189.00' and a central angle of 03035'01"
11.82'i chord bears N.05046rI2', E. II.82'
7;,
thence N.61009'18" W. 235.39t; thence
N.55o29|48" W. 149.90I; thence N.65o
44'03" W. 212.60 t; thence N.75o09'33"
260.00r; thence N.68030' 33" W. 266.53t ;W. 454.6Ot; thence N.25030r54" W.
1816.00r; thence S. 89o47 '36" E. 1323.99
to the true POB.
Total: 80.003 Ac.
E:=,
-rJ
G=:E
NOY II()ME R
Gov(rl r rol
JL.I{IS A. DANIFI SQN
Slele En0irteet
OFFTCE OF THE STATE ENGINEEB
DIVISION OF WATER NESOUIlCES
1313 Slterntan Strcct'Room 8lB
Dcnver. Colr-rrtrclo 80203
(303) 866-3s81
[41-ffi'bi"rBg1'
l4r' . Andr ew C. l''lcGregor
Garf lelcl Count-y t'lanning Departntent'
I09 ublr Street, Suite 303
(ilenwootl SPrings, C0 81601
Re:
ilfti)*tlfiTll'3,J. . ??, 17s, RsB,, and
NEl/4 SEI/4, Sec. 21, T7S' RBBH
Dl41' l4r. McGregor:
1n;c have reviowe{ the abovo referencecl proposal to divide B0 acres into
. Lvro l,iiceis ol'70 and l0 acres. There are two'we1ls on the proposed^7o acre
' pii.,i,i. Ont has an existing permi! (lp. 108662).ld was decreed 1n Case No'
B9Cl.ll45 for donicst'ic purposEs'ins'ide'threo single-fami]V dwe'llings by.a
Mr,. t;reve; L;;. we uiidei^iianu that it ls used-to s.upply.water to another
["..i,-i"-ft1e south of this propcrty and is not used on thls tract.
The other wnl I i s to be shared between ths two proposed parcel s created
Lr.y t.trii eiemptlon. The permit (Ng. -37353) fol this wel'l has.expired. tho
wol I was rleii^eecl in Case'lto, t,f -iqO for dotnest'ic, st,ock watering, thg.
ir.rirratiori of io acres, una-oit',." bcneficial uses. Sharing this well-would
'1.' - .. coutrl not'"bi"[icii ii ,itil the decrce is amenrJed in }Jater Court. lrle cannot
1;rrarrnt.ee ihat t,he decree"io;i; il amenoeo to a'llow for tl: tlgp:?:1,1t::' If
the decren-ii un,*nU.a to orUinirv-trJuset'o1d purposos inside two single-family
ir*of ii,,gs, tiie ir"i.ering or donresiic animals 'and tha irrigation of not more
l.ha1 orre acre 6f lawns anO giidens, tnnn a pernrit may be- issued for the well
tlpoil pr ul)til aIplicirLtuti'
ArroLher alternative would be to vacate the IgIZ decree for the wel'1.
6nc,c l.1e rlecrpe is ,icated, we coul cl i ssue a nevt perm{ t for tlre wel I as the
..only well on il 35 acre tracL for the abova descr.ibud exempt Uses'
Ultil a pcymit for the proposed usos is-obtainod for the exlsting we1l,
r./e ( ann0t recomrlJnd approva'l'of'this proposa'1. Since the.appl icants propose
Io ohii. this woii Ueii^reen the two lots,'we a'lso reconrmend the following:
. 1. Thc well should be located on an outlot owned ln common !y utl ..' prop1rLy owners using-ifin-*oit. A.cerr to the wel] and the right to
ostat,liif,-inO nraintaln u-pipel ine shall bo provided by easements
whern necessary.
Page 2
Mr, Andrevl i'lcGregor
March B, 1991
?.,
3.
'tho well should be ioint'ly owned by the lot owners'
Covenanl,.s and/or other mechanisms should establish a lot owners
assoc'lai ion r,rrilt ine-luil''tiitv t; ;;[;'Inqiligns concernin5;
ma.agenr(tnI and,pl]:lti.r""i ifie ;tTT.- ilioint main[enantn-'agreement
i s a rerlu ireo paii' oi' iuctr an assoc'iatl on '
IFyouhaveanyquestionsconcerningthisresponse'pleasecallme.
JLl4/ cl f: 6199 I
cc,: 0r1Yn Bel l, D{vlsion Engineer
Brttce DeBr ine
'lgy9!;W
I-.i6t-urut.i nesources Engineer
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
March 19, 199L
James C. McDanol-d, P.E.
Senior Water Resources Engineer
Division of Water Resources
L313 Sherman Street, Room 818
Denver, CO 80203
RE: Veit Exemption
Dear Jim:
please find enclosed the latest proposal for providing water
service to the proposed exemption. The proposal is to pump yatgr
from a well located on a gS acre parcel located west of the
exemption site to 70 and 10 acre parcels to be created.
Enclosed is a cover letter and a copy of the well permit that will
se.rvice the proposed lots.
Leg me know if this will be sufficient to garner a recommendation
of approval from your office. Thanks for your reconsideration of
this matter.
Sincerely,(4-b^
Andrew C. I"lcGregor
Planner
ACII/rIb
. Enclosures
109 8TH STREET, SUt-rE 303 . 94582t21625-55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601
LAW OFFICE OF
JOHN L. KEMP, P.C.
905 GRANO AVE., SUITE 2
GLENWOOD SPRINGS, COLOHADO 81601
TELEPHONE : (303) 945-2223
February 4, 1991-
MEMO
TO: Mr. Andrew McGregor,
Garfield County Planning Dept.
FROM: John L. Kemp, Attorney
RE: Schwaller/Veit Exemption for L0 acre parcel.
Dear Andrew:
HAND DELIVERED
Enclosed please find the following documents:
Quit Claim Deed recorded in Book 774 atGarfield County.
Page 7BB,
Warranty Deed recorded in Book 445 at paqe 493, Garfield
County.
Amended Ruling of Referee, WaterWell- No. 1 .
Copy of a section of a surveyproperty from Scarrow and Walker
1989.
Division No. 5, Strook
plat of the subject
survey dated August 2,
From these documents I would contend that you have sufficientinformatj-on to conclude that adequate water exists for the subject10 acre parcel. The water ruling finds as a matter of fact thatWell Permit No. 37353 was issued even though the State EngineersOffice apparently can't find it. This factual determination wouldnot have been made by the Court unless it was true. Sufficientwater is adjudicated to this well to serve two residences. Ibelieve the County's usual standard is 5 gallons per minute foreach residence and there is adjudicated to this well 10 gallons perminute, and 5 gallons per minute is reserved for this ten acreparcel. If you are concerned about whether the welI actuallyproduces that amount of water I am sure that a pump test could beprovided.
Also, the map shows the location of the welr, which r havedrawn in based on Mr. Schwaller's description to me of the locationand also checking it aga j-nst the location stated i-n the Referee'sRuling. As you can see the location is quite near to the boundaryof the ten acre parcel.
A1so, the Deeds clearly show that the water rights have beenconveyed to the Applicants and are under their control.
Final1y, the Referee's Ruling shows that the water rights areproperly adjudicated for domestic and other uses which would be
needed on the ten acre parcel.
In order for your office to protect a prospective purchaser ofthe ten acre parcel it would only be necessary for you to includein your Resorution granting the exemption a paragraph requi-ringcertain language pertaining to the water rights in any conveyanceof the 10 acre parcel. The resolution could state that such aconveyance would not be valid unless such language was included.The type of language needed would be simil-ar to that contained inthe second paragraph of the legat descripti-on of the Warranty Deed(Book 445 at Page 493) .
To summarize what r am suggesting here, first ret me repeatthat I think enough information has now been provided so that you
can decide that the water rights are available to the property. r
am suggesting that there is no further need to bother the office ofthe State Engineer. I have personally tried to call them three orfour times in the last 4 or 5 days with no luck whatsoever.Apparently they do not return telephone calls. It is also apparentfrom the letter of May 15, 1990 from Mr. Hall to you that theydonrt do a partj-cularIy thorough job of researching to see whethera well exists. If they had they certainly should have picked upthis we11.
However, if you stil1 feel that it is necessary to write tothe State Engineer I would suggest that you include at least all ofthe documents which I am enclosing in this letter and specificallypoint out to them Well Permit number, the date of the Referee'sRuling, the name of the well and other factors which wouldordinarily be very apparent to them if they would bother to readthe Refereers Ruling.
My client and I hope that you will see our point of view onthis matter. I look forward to hearing from you at your earliestconvenience. rt has been my pleasure to be of service to you.
Very truly yours,
,_ -),,/_r,,, /.4_-.-_ .,
lonn r. Kemp
' '/
JLK/kcg
cc: Mr. Andrew Schwaller
\
,:
-r.'.:, '-' i) '/
Eooh t+l+J Prgo lt95
-,.,, I n tSI!R.aord.d rt 11tro A.H.
ReceplJ.on llo. 25871,
Junc 12. 197f
ELk Stcpbrna rRccordcr.lllll !0|!$lill[ ltr
, o-&--
WARRAIITY DEED
TIII6 DEED, made bhis l6th day of l4ay , L973,
beEween DAllrEL vr. s?lloocK ;f-Et-e' county-6?-da-irlETd and State of,
Colorado, of the first part, and LESLIE R. ROBERTS and JANIS L.
RoBERTS, of Garfleld County, Colorado, of the second partt
WITITESSETII, that the said party oE the first part, for
anC in consi.leration of thc sum of Ten Dollars and othcrvaluable consiCerations, to the said party of the flrst paltin hancl paid by the said parties of the second part, the recelPt
whereof is hereby confessed and acknovrledged, has grantetl, bar-gained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto the said parties of the
second part, their heirs and assigns forever, nol, Ln tenancyin cormon but in joint tenancy, all the following desclibed lots
or parcels of land sltuate, lying and being Ln the Court/ ofGarfield and St.ate of Colorado, to-wit:
A tracE of land sltuated ln the Sl.lt, section 22, T. 7 5.,n. 88 l.r. of the 6th prlnclpal lteridian, belng noreparticularly dlescribed as follows: Beginning at a polnt
on the uortherly line of said si{k \rhencc tho l{est L cornerof sald sectlon 22.bears N. 88'45'30" lr. 1135.98 feet, thence
. S. 04o5?'21'W. 630.23 feetr thence S. 87"43iil0" E. 590.00feeti thence u. 04052'21" E. 642.67 feet to a polnt on th6Northerl,y llne of sald svrkr tlrence l.l. 88"45r30" w. 690.68fe.Jt along thc rlortlrqrly l.inc of naid str! to tlro polnt of
beginning, containing 10.07 acres, more or less.
Together vrit.h thc first 5 gall.ons of water per minute of
time produced from a domesEi.c water well situate on
propert,y retalned by crantor and conhlguous to Che above
described parcel of lancl, toqether with an easemcnt andrlght-of-way for carrlage of such trater through a 3,/4 lnch
piPe.
The above described property, hereinafter referred to asTract, iB conveyccl subjecE to tha following covcnante andlrestrictions, to-wlt:
l. The Tr:ret nhall be usad for: rnsldentlal prrrpoaea only
and there shall not be crected Lhcreon more than ono
detachedl single fmily dwelling and guest houae, togetherwith a garage for not more than two vehicles.
2. llo portion of the Tract shall be conveyed whlch w111
leduce any part to less than 10 acres ln size.
3. l{o atructure shall be erected on the TracC nearer
than 100 feet to any boundary, except boundaries on public
domaln.
4. No trbes, bushes, brush, grass, or other ground cover
and natural follage and vegetation Ln exiatence on the Tract
on dst€ horcof ehall bo unwontonly cut, romoved, or othorwlt€
' Boot 4l+5
Page 494
daliiaged, other than is absolutel, .n"ar=uar'for the con-
struction of improvements as are authorized by these
rest,rictions and for ingress and egress to such improve-
menhs, it bclng the intcnt lrercof to preserve and maintain
the natural state and beauty of the Tract to the greatest
extent possible.
5. Grantor hereby covenants and agrees to impose the
same restrictlons as hcreln contained upon any and all other
Iands which he may hereafEer sell to third partles whLch are
located within the following described real property, to-wit:
township 7 South, hanqe 88 l.Jest, 6th P.M.
Section 2l: Nlslr\, SE\SEI
section 22: SwL. Sw1119tr, rlI.,!sE\, S\SEI
Section 27: NlrlNr.Jl, Lot 4
EXCEPTING TIIEREFROM TIIE FOLLOWING:
A tract of land in tlrc l.l\sl.lk of Section 27, T. 7 S., R.
88 W., 6th P.M. described as follows: Beginning at a point
which is the atone li corner comon to sccEions 27 and 28,
thence along the section line N. 00"05'54" w. 2139.30 feet,
thence S. 73o19r56" E. I362.49 fcct, to tlre east siCe
line of t.he llrr of said NWl, Section 27i thence S. 00005'23" E.
1788.97 feeti thence N. 88"13r21" I{. 1304.37 feeE, more or less,
to Lllc t)olnu of bcA.trrrri.ng, corEoinirrg 58.001? acrr:5. moro
or 1oss.
A parcel of land in Sections 22 and 27, Tolrnship 7 south,
nange 88 grest of the 5th P.14,, more completely descrlbed
as followsr Beglnning at a point on the SouEh line of
scction 2?, wlrcrlcc thc sI', eorncr of sai<1 !icction ?? lroars
N. 89"40'00" w. 1304.89 feet, thence S. 00"05'23" E. 896.78
feetr tlrenc€ N. 73"19'56" l.l. I0Il.79 feet, therrce N.
09"26'LB" E. 591.46 fcct., thence N. llo02'25" E. I13.52
feet; thence N. L4'I5'05" E. 343.82 feeti Ehence N. 14o
45'15" E. I32.21 fect; tlrcDce N. 14"33'50" E. 67.64 fcr:t;
thcnce N. 03o59'35" E. I45.48 feetl thence s. 55o29'48" E-
I49.90 feet; thence s. 6I"09'lB" E. 260.00 feeti thence
N. t'i'.ir'it 4l' n, n6.qO fr.nl.3 tlrnrrr-o !:. nlorArIp" li. ?01,00
feeti thence N. 85"27'21" E. 199.I7 feett thence N. 80'I2'5I"
U. u7.lU lccLi Lltulrc(: SouLlr 6O7.ll fL'cL, tlrr'trt',: N. 84"{0'0O'
w. 203.80 feet to the point of beglnning, conEaining 30.00
acres, more or }ess.
A tract of lantl in section 22, Township 7 South, Range 88
west. of tlre 6Lll P.!1., nrore complctcl)' dcscrit,ed as foll.ows:
Beginning at a point whence the SE corner of said Sect.ion 22
bears s. 89'40'00" E. 552.45 feet; thence N.89'40'00" \'.
652.44 feet, thence N. 00"26'23" w. 665.96 feet; thence
s. 89o40'00" E. 555.73 feet; thence S. 00"09'18' E. 565.96
feet to the point of beginning, containlng 10.00 acres, more
or less.
5. The above covenants arrd resLrictions slrall run
with the tand and 6ha11 bc binding on al,l parties and all
persons clalmLng under them for a period of 20 years from
date of JuIy 21, 1971r after which time said covenants
anil restrictlons shall be automatically extended for successive
perloda of l0 years unless an instrment signed by the
th6n ownera of a 2,/3rds rnajorlty of the lands last hereinabove
l.
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PaBq 495
described shall be rccorded revol,.lng or changlng Bal,d restrlctr,on!and covenants.
7. Enforcement of the wlthln covenants and r€Btrictlonashall be by proceedlngs at lae, or ln equLty agal.nst any perlon
or persons violating or attempting to vlolate the Bam6, eLthef
to restrain violat.ion or to recover damages.
This convevance is also sublect to an easment. l-n the formor rhe rieirt. to use/8!'eHAUb'$Ef{'8H'i'ilYi8' il8fd'b?i*rngprivileges on the properLy cont.iguous to the above descrlbedtracl as reflected by deeds from grantor to such persong
recorded in the GarfieLd County records.
Grantor hereby reserves the right of first refusal topurchase the property herewith conveyed during the perlodof time that the easement described in t.he p.rragraph lmmedlatelypreceding remains as a burden on the land, which rights offirst refusal in the event of grantor's death, or asslgnmentof his interest in the land upon which the restrictivecovenants above descrit'ed are imposed, shall vest in thosepersons holding grazing rights under the dcccr-s la6t
hereinabove described.
TOGETIIUR with all and singular the hcreditaments and
appurtenances thereunto belonglng, or in anywise appartalning, th€
reverslon and reversions, remainder and remainders, rents, issues,
and profits thercofi and all thc esLate, riglrE, tiEle, intcrcst,
clain and demand whatsoever of the satd party of the first part,
either in law or equit.y, of, in and to the above bargained premlselt,
with the hereditaments and appurtenances.
To ll^vE AND TO UOLD the said premises above bargalned and
described, wlth tho appurtcnancca, unto the sald partlce of the
second part, their heirs and assigns forever. And the said party
of the first. part, for himself, his heirs, execuCors and adrillnLst!a-
tors does covenant, grant, bargain and agree to andl with the saldparties of the secorrd parC, their heirs anrl assigns, that at the
time of the ensealing and delivery of these presents he is well
seized of the premises above conveyed, as of good, sure, perfect,
absolute and indefeaslble estate of inheritance, in law, in fee
sinple, and has good rights, full power and tawful auttrrlty togrant, bargain, scll and conveT the same in manner anc lorm afore-
said, and Lhat the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments and
encunbrances of whatever kind or nature soever, except taxes for
the year 1973, which Grantees herein assume and agree to pay, and
the above bargained premlses ln che quleL and peaceable possegslon
of the said parties of the second part, their heLrs and assLgns,
against all ar:d every person or persons lawfully clalming or to
claim the ehole or any part thereof, the said party of the flrst
part shall and wlll WARRAT{T AND FORDVnR DEPEND.
IN WITNESS WIIEREOF the said parhy of the flrst part has
hereunto Bet hla hand and aeal the day and year first abovewrl,tten.
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ll aulr cI-AII\{ DtrED
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ll .rrr,a I)EEI), Mrdc rrris I Lr ,lny .r Marchll b"n"."n PHILLIP LACERTE and PATRICIA LACERTE
il
lil
| | of rhc *County of Garfleld
| |
Cotora<lo. Brnntor(s). rEd
ll RTCHARD B. vErr
lt
ll *r,n." lcgrl ullrcss is 0042 Blue Creek Overlook,
ll Carbondale, Colorado 8I623
ll .r,t" County of Garfleld
' 1990 .
nnrl Strtc of
ook,
snd Slrtc ol Colori(lo, Brrntcc(s),
WITNESSETIt. Thilt thc Srnntor(s), firr and in considcration of thc sum of TEN DOLLARS and oCher good
and valuable conslderation --------J)OLLARS
lhcrccciplan(lsufliciencyof$'hichishcrcbyccknowlcdgcd.have rcmiscd.rclcasc<l,soltl.conrtltdrntlQUlTCLAllrlED,andby
thcsc prcscnts do rcmisc. rcleasc, scll. convcy rnd QUIT CLAltr unlo lhc Brnntcc(s), his hcirs, succcssors and assigns,
forcvcr. all rhc righl, titlc, iotcrcsl, cliim and dcmrnd rvhich thc grilntor(s) hnve in rnd lo thc rcal propcrty, totcther with
Countyof Garfield and Slnlc ofimpro\rrncDls, if any. situatc. lying antl bcing in the
Colorado- dcscritrcd as [oll<rvs:
AlL of Grantorsr rlght, tltle and lnterest in and to the Stroock Well
/ll, adjudlcated in Case No. W-346, of Water Dlvislon No.5, belng the
balance of the well and water rights noE conveyed ln the deed from Danlel
W. Stroock to Leslie R. Roberts and Janls L. Roberts, recorded ln Book
445 at Page 493 of the Garfleld County records.
Also 10 shares in the Park Ditch which shares shall also be transferred
by assignment and del.ivery of share certlflcates.
, kfr kxlsx>txxxtct flo{hniix*rttx*x
TO IIAvE AND TO llOl-D llrc simc, logcthcr rvirh rll and sinrrrlrr thc.ppurtcnrncci antl pririlegcs thcrcunto bclonging or in
nny$'isc thcrcunlo appcrtrining. Ind all thc csrnte. ri-qht, litlc, inrcrcst nnd clainr \ lrixs()c\ci of thc Erontor(s), cithcr in lu*, or cquity. to
thc onll' prrrpcr rrsc. bcnclit antl bchrxrf o[ tlrc Srantcc(s), hts hcirs rntl rrisiSns frrrcrtr.
lN \\'ITNESS \!'l lI1l{UOf. 'ilrc lrrntor(s) I'r vecxccutcd this rlccd ou lhc rlxic sct forth rlrorc.
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STATE OF COLOIiADO, a, t\(^ I C ( L il
County <,I cARFIELD L[t N(iA'>
Thc forccoing instnrnrcnt s'as ;rcknorvlcdgctl bcforc nrc this I Uru
by Phlllip Lacerte and Patrlcla Lacerte.
Irly conrnrission crpircs (L t),
( s..I
)
tlay o(March te90,
SEAL
ulxE^cl{ vEzIttt h&a.rhrniaL6ll(EEIOOUNT/
ff&rrCf,hi.t,lescffi
-aa*rt'l506
ilf in Dcnvcr, inscrt "City rrrl."
No. 9J1. &r.. lll5. (-)rn ( t.U\r r)l llr
l9'i ). \\'irncss nr! lr.rrrrl rrrJ Irltrirl rcrl
QUAFTTR CORNER
SfCrOlvS 2t & 22
B.L.U. ALUN. CAP s.gg" 46'Og,,E.
's-
s\Nrr)
o\toq
EAST _ WEST CENTER
SECTION 22
RECEPTIOA
2587 1 3
-ab
lrowERLtNE
PHCI;i,.. I.'EDESTAL
hol,r*,*,r*- \ L*o*
1lil);#m'Qp.
(sEc. 22)
N.55"29'49'W.
t 49.90',
N. 6l " 0g'l g,w.
r 235.39'
o3o 3s'ot "
AL BUILDING
87"13',10u8 ,..7.52'
crertLx
&
F
H
NN
BR()
,-u.
NO. 4 1 523
N.6a"30'33,w.
266.53',
-!,/\<-hv-, -
,''F .\w
-oq
$"$
ry
75009'3i'w.
260.00'
40.61'
$
fl
bl, r
'l
.
s\lt1/+sw1/+
(sEc. 22)
a--ft=
CH=
t 89.00'
I t.82'.
N. 89 o s3'l 3,,w.
24. 02',
-&Y\
\ souryrrsr coRNER
SECTION 22
N.os"46't 2"E.
I 1.82',
RECEPTION IVO.
.rc1-f.-,
984.67'
10.001
\s"
\s
\;
\,l^l\t
ELECTRICAL
FILED
[," 0f[ur.0.r y//lrrfl Ilittflttl)ili.;:r:rr N1;.'5
JUN 91972
oF OoLORn DO
,rl 64Jrrrt'l:ta rrEticiri.E"
III TIIE MATTER OF TII}-- APPLICATION )
POR I{ATER RIGIITS OF DANTEL W. )
STROOK rN THE ROARTNG rORK )
RIVER IN GARFIELD COUNTY )
rN THN DTSTRICT COURT TN AND
POR VIATNR DIVISION NO. 5
SI'ATD OF COLOR]\DO
Application No. w-346
AMENDED RUI,ING
OF REFEREE
Thn above entitled matter havinq been referred to the undersigned
as water Referee for Water l'livision No. 5, State of Colora6o, by the water
Judge of said court on the rst day of July, rg7L, in accordance with
Article 2L of Chapter l4g, Colorado Revised Statutes 1963, as amended
(Chapter 373 s.L. Colo. 1969), known as The water Rights Determination and
Administration Act of 1969, and again by order of the water Judqe on the lgth
day of May, L972.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the apptication and
statements of opposition are true and havinq become fully advised with
respect to the subject matter of the application and statements of opposition
does hereby make the following determination and ruling as the Referee in
thLs matter, to-wit:
I The statements in the application are true.
2,. The name of the structure is Strook Well No. I.
3. The name of craimant and addiess is: Danier w. strook,Carbondaler Co1orado.
4. The source of water is a well having a depth of 350 feet.
5. The Iesal description of the rocation of the werl is: The werris located at a point whence the Southwest Corner of Section 22,T- 7s., R. BBw. of tlre 6th p.M. bears s. 3oo57r2g,' [,,I. a distanceof 2030.21 feet.
6. The proposed use of the water is domestic, irriqation, stockwatering and other beneficial uses.
7' The date of initiation of appropriation is April 9, 1969.
B. The amount of water cfaimecl in cubic feet per second of time is. 0.022 cubic foot per second of time.
9' Permit I'to. 37353 was issued by tlre office of the state Dnqineeron Aprll 9, 1969.
I0' The water is used to irriqate Io acres of lancl in said section 22.
11. APlrlicant has withdrawn his claim to replacemept water fronr GretnMountain Roservoir.
FILED
IN \YATER COURT
Divirion No. 5
JUN 0 91s72
TE OF qpLQRADO
wArEn CrEhx
,l,he Refcree does tsherefore conclude that the ahove cntitled
application shoulcl be qranted and that O'022 cr:bic foot of water per second
of time hereby is arvarded to the Strook WeIl No. 1 for domesticl irriqation,
stock rvatering and other beneficial uses with appropriation date of the 9th
dar, of April, 1969, absolutely and uneonditionally, su}ljeetr however, to all
earlier priority riglrts of others and to the inteqration and tabulation by
tlre Division Engineer of such priorities and changes of rights in accordance
wit, lavr as may be determinccl in pendinq supplemental qeneral adjudication
1:roceedinos.
It is accordingly ORDBRtrD that this ruling shall be filed with
the Water Clerk and shall become effectlve upon buch filing' subject to
judicial review pursuant to section 148-21-20 C'R'S' 1963 as amended (197I) '
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer'
Done at the City of Gl.enwood Springs, Colorad o, thLs*f! -
oe n,/rrtd , Lg72.
BY TIIE REFERF]E:
A."*4f_ -r-wr{,* Referee
wKer Division No. 5i'o protoat sao fllcd ln thls mattoi
Tho forsgotng nrllng ls oonflrned
anC approved, and tg nade tno
Judgscnt and Dooroo of thlE oourtr
Datodlt >h q?Y
State of Colorado
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RECEIVED
-t W9J.5-Rev- 76
(1) APPLICANT - mailing address
2,*n Vr,,
o,iiftl*"'",,Hffi FEB2 $ l$ffon:
,.',,,"i"i.t=t -- ==t S.S3
ADO DIVISION OF WATER RESOUR.-cS
FOR OFFICE USE ONLY: DEH$OT WRITS.IWITHIS COLUMN
Receipt No. ts \ o2-'KL [!-f1
TTX J
'i a. ici
NAME
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)/<
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated:Lrrl -111,.r^ I u-u-
Pro.posed total depth (feet):
GROUND WATER TO BE USED FOR:
@
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
ISSUA},ICB OF THIS PEHqIT DOES NOT. =-qq!EE8:I-UESEEEU:EI!EE:EIqEE-_
DOI{ESTIC A},IIMAIS.
RETTIRN FIOI, TNOM TI{E USE OT THIS TIELL
SYSTEM
IIATER
E THNU AN INDIVIDUAT WAS?E IIATER DISPOSAL
OF THE NON_EVAPORATIVE TYPE I{HERX THE
IS RETURNED 1\) TI{E SAI'IE STREAI{ SYSTEM IN
TI{E I{Ett IS IOCATED. v7,n?.- 3'154o
_J*r.M
( ) orHER (9)
-no irrigation (01
I INDUSTRIAL (5}( }IRRIGATION (6)() MUNICIPAL (8I
ICH
APPLICATION APPROVED
PERMIT NUMBER
DArE rssuED ttAR 1 g 1990
DETAIL THE USE ON BACK IN (1 1 )
(4} DRILLER
*r.r,. S**, D..-,r+ G.
Street
City
ID
srneEr P D- Eo* 9o?
CITY
TELEPHONE NO.t-20?- 424-s77o
(2) LOCATION OF PROPOSED WELL
County Gaa=rFr-D
ttt z.ortn" SF -'eI
r*p. -7 5.nng.38-JIL.
{N,S)
( j HOUSEHOLO USE ONLY(\/) DOMESTIC (I)( } LIVESTOCK (2)() COMMERCIAL (4}
APPROVED PURSUANT To cRS 37-92=692(3)(b)(II)-AS THE ONLY WEIL ON A TRACT OF LAND OF
OOl ACEES DESCRIBED AS THAT PORTION OF THE
174 or BncrrON 21 AND oE TUE st+ I/4 oFilox zz. Att rN Tzs. RSBvi 0F TI{E 6TL{ P.M.,roN 22. Att IN T7S. R88Vi 0F TI{E tirH P.M.,
INTO COUUTY. BEING-IYORE PARTICULARLY
ETSEO ON THE ATTAC}IED EXHTBIT ''A'"
water is to be obtained
TION DATE
,.r.*Bcou?vrerephone No.fr7-- 389-3- Lic. No. ?q4
(e)
bv distances from section lines.
2 tctc rt. rrom
-#3fu_sec.
rine
jOO rt. from --E*i+,-r- sec. rine
LOT-BLOCK FtLtNG *
-
' (5) T,I-E LOCATTON OF THE PROPOSED WELL arc theareaonwhich the-w.ater wr11gr@ diagram berow.
Use the CEN.TEt,tfiftqN (l section, 640 acres) for the wel tocation.
{-,r*.-;iffi;;;+{ . 1
+ - + ! NoRrH..gr,on.,n. | -
\l
I
'r-'t
,NoRrH,lil:l'r+A+ +-+-t-+-Ji + +
il: r : 1r"lrlrll
-T|
, sourH sEL,
I
1++++++++-fIrtlt
+ -+ -+ -+ - + --.r- - -{- -+- - +
The scale of the diagram is 2 inches = I mile I
SUBDIVISION
.LOCATEB owner:
tto. ot.cr., 3.5, CC I . Will this be
17l
the only well on ttris tractr V EC\
(8) PROPOSED CASING PROGRAM
Plain Casing
(r, ,n. trom O 1r. ,o Z'CC q.
G . ,n trom 2cD rt. to 3fo ft.
Perforated casing
-QLin.
rrom 3:S r,. t"&-tt.
in. from ft. to_ ft.
(9) FqR REPLACEMEwT WELLS sivedistance
and direction from old well and plans for plugging
it:
Each small represents 40 acres.
WATER EOUTVALENTS TABLE (Rounded Figuresl
An acre-foot covers I acre of land I foot deap
1 c-ubic foo,t per second (cfs) . . . zl4g gallonsper minute (gpmlA family of 5 wiil rcguire app-roximarity I acie.foot oi *.r", 1er year.I rcr_c-foot.. .43,560cubic feet. .. SZ'S,SOOgarrJ"..-
-
1,(X)O gpm oumped continuously tor ono oav jroar.i a.qZ acre.feet.
(10)
NORTH
I-+-
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Owner(s) :
(11) DETAILEP DESCRIPTION of the use of sround water
rystem to be u3ed' T*nrc \- -. ., r . . ..
No. of acres:
Household use and domestic wefls must indicate type of disposal
c-I-
Description of land on which usedUsed for (purposel
-
(12) oTHER WATER RIGHTS used on this land, including wells. Give Registration and water court case Numbers.
Type or right
(13) THE APPLICANT(S) STATE(S) THAT THE tNFOrqMATtoN SET FORTH HEREON ISTR.UE TO THE BEST OF HIS KNOWLEDGE.
'rrln ,, IM ?2
Use additional sheets of paper if more space is required.
SIGNATUNE OF APPLICANTIS)
ROY ROMER
Governor JERIS A. DANIELSON
State Engineer
'r'A[ffi'1fr?=itrBr
Mr. Andrew C. McGregor
Garfield County Planning Department.l09 8th Street, Suite 303
Glenwood Springs, C0 8.I60.|
Re: Veit Exempti on
NWl/4 SWl/4 Sec. 22, T7S, R88W and
NEI/4 SEl/4, Sec. 21, T7S, RBBlrl
Dear Mr. McGregor:
We have rev'iewed the above referenced proposal to divide 80 acres into
two parcels of 70 and l0 acres. There are two wells on the proposed 70 acrepqrcel- One has an existing permit (No. 108662) and was deci"eeiJ in Case No.
89Cl^1145 for domestic purposes inside three singie-family dwell'ings by aMr. Steven Low. We understand that it is used-to supply water to anothertract to the south of this property and js not used on this tract.
The other wel I i s to be shared between the two proposed parcel s createdby_this exemption. The permit (N0.37353) for this i^reli has bxp'ired. Thewell was decreed jn case No. w-346 for domestic, stock watering, theirrigation of l0 acres, and other beneficial uses. Sharing this well wouldconstjtute. expanding the use of a well decreed for non-exempt uses. This
could not be done until the decree'is amended in Water Court. [.Ie cannotguarantee that the decree corrld be amended tc allow for the pi"oposed uses. Ifthe decree js amended to ordinary household purposes insjde two's'ing1e-familydwellings, the watering of domestic anima1s and'the irrigation of n6t morethan one acre of lawns and gardens, then a perm'it may be-jssued for the well
upon proper app'l 'i cat i on .
Another alternative would be to vacate the L972 decree for the well.
0nce the decree is vacated, we could issue a new permit for the well as theoniy well on a 35 acre tract for the above described exempt uses.
Untjl a permit for the proposed uses is obtained for the exjsting we'|1,
we cannot recommend approval of this proposal. Since the app'licants proposeto share this well between the two 1ots, we also recommend the followingi
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
'1313 Sherman Street-Room 81B
Denver, Colorado 80203
(303) 866-3581
l. The well should be located on an outlot owned in commonproperty owners using the well. Access to the well and
establish and maintain a pipeline shall be provided by
where necessary.
by all
the right to
easements
MAR 18 199I
Mr. Andrew McGregor
March t2, r.991
JCM/cI f:6199I
cc: 0rlyn Bell, Division Engineer
Bruce DeBrine
Page 2
2. The well should be jointly owned by the lot owners.
3. Covenants and/or other mechanisms should establish a lot ownersassociation with the authority to make decisions concerning
management and operation of the well. A joint maintenance agreementis a required part of such an association.
If you have any questions concerning this response, please call me.
Si,pcerely,
/l*"cwaL
"fJanes C. McDanold, P.E.
'Senior Water Resources Engineer
GnNTtELD COUNTy
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JLHIS A. DANIFI SON
Slnte EnqirlserROY IIOMFR
Gov{tlllof
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOU'1CES
1313 Shernlan Strcct-Room 818
Denver, Coloraclq-r 80203
(303) 866-3s81
lAl-bT.'bi'lBB1n
l4r. Andrew C. t'ilcGregor
iiu.t iuiO Count.y t'2l ann'ing - Departnrent
iog tltt'' Street, suite 303
(i I enwood SPr i ngs , C0 B1 60'l
Re: Voit ExemPtlon
NWI/4 Swii+ sec. Z?t I7-1' R88t,l..and
i,iEr7+ sEl'/4, Sec' 21, T7s' R88l'l
llear t4r. McGregor:
lle have reviowed the above referenced proposal to divide B0 acres into
Lwo parce.ls o{' 70 and l0 acres. in.r. are two'weJ'ls on the proposed 70 acre
uarcel . gne has an existing p..,ni!-it'r.: iogoozi and was decreed ln Case No'
bgcwtqb for domcstic purp,set i;;ii.'ih.tt singie-farrrilv dwellings bv a
Mr. sr,even row.'""we-u[derstano [nii-ii ii-ri.a"to suppry water to another
tract to the south of this ptopoiii and is not used on th'ls tract'
The other well is to be shared between-the two proposetJ parcels created
rry r.h'is exemptioi.' irre peimilf ii'19. iiisii r9t tnis ireli has expired' The
well was decre'ecl in Case'No. l,l-i46-for dornest'ic' stock watering' the
irrigation of i0 ;;t;;;-unU-otti"-oonefiiiat uitt' Sharing this well would
r;onstitute expanding the use.oi-i ;;ii decieea for non'exempt uses' This
. coutd not; be done untit the deiriu"ii'amnnO.O in tJater Court' We cannot
<ruarantee that. the decree couti'uu imnna.a to iitow-io" ilre pronosed uses. lf
ilhe decree is anrended to oroiniri"r,olii.tria-iriiiilr inriJ. two' sins'le-fami lv
dwc.t.tings, ,re-i,"i.iiing-oi aor*uiii-iniruti and'the irrigation of not more
than one acre of lawns ano gardeni, tnnn u p*.i'ii rry be-'issued for the we'l,
tlpolr pr vllel apP I icdL I tlll '
AnoLheralternativewouldbetovacatethe}gT2dccreeforthewel,l.
.nco l.he decr*e is vacated, we iould issue u nuw-pntnr{t for the well as the
.only well on r*3i-u.iu tr.it foi the abovo described exempt uses'
until a permit for the-proposed uses'is,oblainad for the exlstjng well'
we cannot recommend approval oi''th{s proposal. Since the applicants prqpose
to share this well between the'two'io[rl'we als0 recormend the following:
l.Thcwel.lshouldbelocatedon-.anoutlotowneillncommonbyallpropcrty owners uring'ihl-Y;ill A..nii io tt't well and the right to
establish and maintai'n ;"pi;;iine strali bt p"o'ided by easements
where necessary'
Page 2
Mr. Andrew McGregor
March 8' 1991
JCM/cl f:6199I
cc: 0rl Yn Bel I , Dl v'l si on Eng i neer
Bruce DeBrine
Tlre well should be iointly owned by the lot owners'
Covenantsand/orothertnechanismsshou]destablisha]otowners
assoctation wr*r itre-|ul,riitv r; ili;'decisions concerning
managenrent and operation gf-!h'-n.i'il- n ioint nraintenance-agreement
is a required pa;'i of such an associatlon'
7.
3.
Ifyouhaveanyquestionsconcerningthisresponsolpleasecallme.
S i,;rcerel Y '/t
/J**'CYbG^YLu'liu^"t C. McDanol d, P. E. _i s.rriot l*later Resources Engineer