Loading...
HomeMy WebLinkAbout1.0 ApplicationBEFORE 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 MF Wilenta, Inc. respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 35 acre tract of land into 2 tracts of approximately 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: acres each, more or less, from the definitions The creation of tw• - ou . ' .. . .- • two (2) acrcc and nine (9) acres +/- fran an existing eleven (11) acre parcel SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U. S.G. S.,quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. 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. roti P Toner MF4ilenta, Inc. by its authorized representative Caloia & Houpt, P.C. Mailing Address Attn: Sherry A. Caloia 1204 Grand Ave., Glenwood Spgs,C0 81601 City State 945-6067(v); 9/5-6292(fax) Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. ;Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. ATTACHMENT FOR PETITION FOR EXEMPTION OF MF WILENTA, INC. This attachment to Petition for Exemption is submitted by MF Wilenta, Inc. to request an exemption from the definition of "subdivision" or "subdivided land" a parcel of real property located in Section 20, Township 7 South, Range 87 West of the 6th P.M. Such property was previously approved under Commissioners' Resolution # 78-57 for division of a thirty-five acre parcel into three lots; this petition is to authorize re -division into four lots. The following lettered paragraphs correspond with those set forth as "Submittal Requirements" on the County's form, Petition for Exemption: A. Sketch Map: Please see attached sketch maps, one of the existing three lots and the other of the proposed re -division into four lots. The existing three lots are approximately 11.00, 12.89 and 11.11 acres in size. A fourth lot 2 acres in size is requested. It will reduce lots 1 and 2 by approximately 1/4 acre (Lot 1) and 1 3/4 acre (Lot 2). B. Vicinity Map: Please see attached composite map of Section 20, Township 7 South, Range 87 West of the 6th P.M., constructed from excerpts of the USGS quadrangle maps for Carbondale and Leon, showing the general topographic and geographic relation of the proposed exemption to the surrounding area within no less than two (2) miles. C. Ownership: Please see attached copy of warranty deed dated March 1, 1999. D. Adjacent Owners: Please see attached list identifying names and addresses of the record owners of land immediately adjoining or within 200 feet of the subject property. The mineral rights have not been severed from the subject property nor is there any lessee of any part of the subject property. E. Soil Report: Please see attached report dated 6/85 and accompanying map. F. (i) Water: Please see attached Well Permit Application. An entity affiliated with the Petitioner, Eugene Chiarelli, LLC, is under contract to purchase a 35 -acre parcel of property adjoining the eastern boundary of the subject property. The Petitioner and Eugene Chiarelli, LLC have agreed that Eugene Chiarelli, LLC shall apply for a 35 -acre well permit for a well to be drilled on the adjoining parcel, of which one-third (water for one house) will be made available to the fourth lot of the subject property. Proof of physical supply, as available in the record of the Division of Water Resources shall be provided to the Commissioners at or before the hearing. The Petitioner will prepare well sharing agreements and easements for use of the existing well and for the well to be shared with the adjoining property owner. (ii) Sewage Disposal: Sewage disposal shall be by individual sewage disposal system in compliance with State and County requirements. One ISDS exists presently serving the residence on Lot 2. (iii) Fire District: Carbondale Rural Fire Protection District is the pertinent fire district and has been contacted for approval. Public access to each lot will be as depicted on the sketch map, with a road -sharing agreement and access easements noted on the plat and in accompanying covenants. G. No connection to a community or municipal water system is proposed. H. Exemption is being requested so as to create a fourth lot. I. Please see attached copy of Resolution #78-57 of the Garfield County Commissioners dated June 1, 1978, and recorded in Book 514 at Page 320 in the records of the Garfield County Clerk and Recorder providing evidence that prior to the date of such resolution the parcel was no less than 35 acres in size. J. The fee of $300.00 fee is submitted herewith. LEGAL DESCRIPTION Our Order No. GW230642-4 PARCEL A: A PARCEL OF LAND SITUATED IN THE SE/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED AND NORTHERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF Si..': SECTION 20; THENCE S. 89 DEGREES 19'41" W. 1143.00 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 20 TO A REBAR AND CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 89 DEGREES 19'41" W. 186.00 FEET ALONG SAID SECTION LINE TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT IN SAID FENCE; THENCE N. 89 DEGREES 32'41" W. 24.00 FEET ALONG SAID FENCE; THENCE NORTH 200.01 FEET; THENCE N. 30 DEGREES 00'00" W. 440.52 FEET; THENCE NORTH 736.96 FEET TO A POINT IN THE EXISTING FENCE ON THE SOUTHERLY LINE OF SAID COUNTY ROAD NO. 102; THENCE S. 89 DEGREES 34'39" E. 430.25 FEET ALONG SAID FENCE; THENCE SOUTH 1332.81 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND SITUATED IN THE W/2SE/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED, AND NORTHERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE S. 89 DEGREES 19'41" W. 1329.00 FEET TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT OF SAID FENCE; THENCE N. 89 DEGREES 32'41" W. 689.37 FEET ALONG SAID FENCE TO THE TRUE POINT OF BEGINNING; THENCE N. 89 DEGREES 32'41" W. 280.00 FEET ALONG SAID SECTION LINE; THENCE NORTH 1316.31 FEET TO A POINT IN A*; Our Order No. GW230642-4 LEGAL DESCRIPTION 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED AND NORTHERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SMD PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE S. 89 DEGREES 19'41" W. 1329.00 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 20 TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT IN SAID FENCE; THENCE N. 89 DEGREES 12'41" W. 26.00 FEET TO THE TRUE POINT OF BEGINNING THENCE N. 89 DEGREES 02'41" W. 665.37 FEET ALONG SAID FENCE; THENCE NORTH 300.00 FEET; THENCE N. 30 DEGREES 00'00" E. 120.00 FEET; THENCE NORTH 353.71 FEET; THENCE N. 30 DEGREES 00'00" E. 230.94 FEET; THENCE NORTH 357.54 FEET TO A POINT IN THE EXISTING FENCE ON THE SOUTHERLY LINE OF SAID COUNTY ROAD NO. 102; THENCE S. 89 DEGREES 34'39" E. 269.62 FEE" kLONG SAID FENCE; THENCE SOUTH 736.96 FEET; THENCE S. 30 DEGREES 00'00" E. 440.52 FEET; THENCE SOUTH 200. 01 FEET TO A POINT IN A FENCE AS CONSTRUCTED AND IN PLACE THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Filed for record the day of ,A.D. 19 , at o'clock M. RECORDER.::: Reception No. By DEPUTY. . WARRANTY DEED THIS DEED, Made on this day of March 01, 1999 , the Grantor(s), and between WILSON F. HARRIMAN AND LISA HARRIMAN of the County of GARFIELD and State of Colorado , of MF WILENTA, INC. A COLORADO CORPORATION whose legal address is : 0136 LEWIS LANE, BUJ, c 81621 of the County of Aj(j}(jl LAGLEand State of Colorado , of the Grantee(s): ) DOLLARS and by these forever, all the County of WITNESS, That the Grantor(s), for and in consideration *** One Million Three Hundred Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, presents does grant, bargain, sell, convey and confirm unto real property, together with improvements, if any, situate, GARFIELD and State of Colorado, described of the sum of ( $1,300,000.00 has granted, bargained, sold and conveyed, the Grantee(s), his heirs and assigns lying and being in the as follows: RIGHTS APPURTENANT TO CO 81623 appurtenances thereto belonging, or rents, issues and profits thereof; and either in law or equity, of, in and and described with appurtenances, his heirs and personal representatives, assigns, that at the time of the ensealing conveyed, has good, sure, perfect, absolute right, full power and lawful authority that the same are free and clear from and restrictions of whatever kind AND SUBSEQUENT YEARS, AND SUBJECT WAY OF RECORD AS SET FORTH ON ATTACHED above bargained premises in the quiet all and every person or persons lawfully plural, and the plural the singular, deed on the date set forth above. OR USED UPON THE in anywise appertaining all the estate, right to the above bargained unto the Grantee(s), does covenant, grant, and delivery and indefeasible to grant, bargain, all former and other or nature soever, TO EASEMENTS, EXHIBIT "B" and peaceable claiming the whole and the use of any gender SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TOGETHER WITH, BUT WITHOUT WARRANTY, ALL WATER PROPERTY. also known as street number 1030 COUNTY ROAD 102„ CARBONDALE, TOGETHER with all and singular and hereditaments and and the reversion and reversions, remainder and remainders, title interest, claim and demand whatsoever of the Grantor(s), premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained his heirs and assigns forever. The Grantor(s), for himself, bargain, and agree to and with the Grantee(s), his heirs and of these presents, he is well seized of the premises above estate of inheritance, in law, in fee simple, and has good sell and convey the same in manner and form as aforesaid, and grants, bargains, sales, liens, taxes, assessments, encumbrances EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF MADE A PART HEREOF BY REFERENCE. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the possession of the Grantee(s), his heirs and assigns, against or any part thereof. The singular number shall include the shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this WILSS F. HARRI AN LISA STATE OF Colorado ) HARRIMAN )ss. County of GARFIELD ) The foregoing instrument was acknowledged before me on by WILSON F. HARRIMAN AND LISA HARRIMAN this day of March 01, 1999 rr rr My commission expires WN Witness my hand and official se �0� -4 PR-� �cpc Q J Notary ublic P 0 Name and Address of P Ston Cr IeiF. yl'a Description �- ( 38- - 06.5, C.R.S.) Return to: CALOIA & HAUPT Escrow# GW230642 s\r- ,:r.\- When Recorded Title# GW230642 P°IN y`'��� Form No. 932 Rev 4-94. WAR 1CNTYMvuED (For Photographic Record) 1204 GRAND AVE., GLENWOOD SPRINGS, CO 81601 QUIT CLAIM DEED THIS DEED, made this 1st day of March, 1999, between WILSON F. HARRIMAN and LISA HARRIMAN, of the County of Garfield and State of Colorado, (Grantors), and MF WILENTA, INC., a Colorado Corporation, whose legal address is 0136 Lewis Lane, Basalt, CO 81621, (Grantees): WITNESSETH, That the Grantors, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the Grantors have in and to the water rights, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Any an all water rights associated with the Well permitted as No. 215185 by the Office of the State Engineer, Colorado Division of Water Resources. TO HAVE AND TO IIOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD A LISA HARRIMAN The foregoing instrument was acknowledged before me this 1st day of March, 1999, by WILSON F. HARRIMAN and LISA HARRIMAN. Witness my hand and official seal. Address: My commissionite's-V s. •►-� '4.-' MAkG MEI.t� • 10Y \1(./Vi-e( 1(./Vi- �C PUBLIC O STATE c �: ._ y Com a irEJs 1212312.000 ;�.;v Commissior� � '� otary jPublic Lisa Marie Murphy Owens 195 Rock Ledge Drive Glenwood, CO 81601-2723 GL Properties, Inc. Lisa Owens, President 195 Rock Ledge Drive Glenwood, CO 81601-2723 Ronald M. Razzore Katha Rossein 890 County Road 102 Carbondale, CO 81623-9625 M.F. Wilenta, Inc. Eugene Chiarelli, President 0136 Lewis Lane Basalt, CO 81621 Lydia Kay Taverna 22100 County Road 16 Oak Creek, CO 80467-9631 Marion W. Connolly Trust P.O. Box 8194 East Lynn, MA 01904-0194 Hunt Properties Ltd. 14913 Highway 82 Carbondale, CO 81623 Estate of John•Stirling Attn: Rebecca Stirling, P.R. 0704 Skipper Drive Carbondale, CO 81623 0o - I Oo I;1 7125 X '• Irk 6922 1170 -F 6J - 8• 7009 ) �\ X 7/ 93 29 69 FOUND REBAR & CAP LS#7972 COUNTY ROAD 102 N 89°40'47" E N 89°42' 34" E x F . N 9 37 S 8914'41 "E FOUND REBAR & CAP SET REBAR & CAP i c i 99;Rn 1151.12' (RECORD) x X 1150.90' (SURVEY) S 0021'12" W 42.34' s 41°02'24"E 8.58' --� 'r��vi1 y n& erter` n 1 C e( aose_, 35 704 ti ARES RECORD) 35.209.4 CRE:: ;'SURVEY) EXISTING FENCES COUNTY ROAD 102 /( S 8,. FOUND REBAR & CAP LS # 9184 -� s JAN -28-1999 THU 12:43 PM MASON & MORSE CARBONDALE FAX NO. 9709630879 , . . •Grjer l;:r:,► 7 1 4 FA(E-4U 11' CU:4',S TUNERS Or EGARFIEL.D COUNTY, COLORADO RESGEUTION +' 6--,5 WHEREAS, Meyidith Hornet has petitioned the Board of County Comrlissioncrs of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division of a thirty-five (35) acre tract into three (3) tracts of approximately 11, 12.89, and 11.11 acres each, more or less, and more particularly described as follows: P. 11 A parcel of land situated in the SE!a of Section 20, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said Parcel of land is described as follows: Beginning at a point on the Southerly line of said Section 20, • whence the Southeast corner 2f said Section 20 bears: N89019'41" E., 1143.00 feet; thence S89'19'41" W., 186.00 feet, more or less along said Section line to a point in a fence as constructed and in place: thence North 19.50 feet to angle point in said fence; thence N89°32'41" W., 969.37 feet along said fence; thence North 1316.31 feet to a point in the Southerly fence of a County Road as constructed and in place; thence SR9034'39" E., 1155.34 feet along said County Road fence; thence South 1332.81 feet to the point of beginning. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is reasonable probability of locating domestic water on each of said 11, 12.89, and 11.11 acre tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and ''subdivided land" as set forth in C.R.S. (1973) Section 30-2R-101 (10) (a) -(d) as amended; NOW TJIEREFO E, :F,on, rr,i,ion of —v s .. . seconded by e _�or�r�t aod carried. said thirty-five acre tract of land is hereby cxcl:rpt.cra from such definition and transfer of said Li Ict r.'.y be made by Oivicion into three (3) tracts of 11, 12.. ), and 11-11 a res each, more or JAN -28-1999 THU 12:44 PM MASON & MORSE CARBONDALE FAX Na 9709630879 ' moi weir likomkalik ,;.• 514 w. X21 less, all as is more fully described above and further tnat said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instruments of conveyance when recorded shall be filed with this Resolution. Dated this _Le- day of Attest: Oe ty C rk of the B• d of Count Commissioners, Garfield County, Colorado , A.D., 1978. THE 9WC1 OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: 12 • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEH ERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON April 16, 1999 John Barbee, Senior Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Re: Supplemental Information to Petition of MF Wilenta, Inc. for Subdivision Exemption Dear John: This letter provides information supplemental to the above -referenced petition filed last week. You requested that we identify the location of the access point for the lots. Enclosed please find a sketch map showing the existing three lots, the proposed fourth lot, and a potential access point on the north boundary of the property along County Road 102. While the actual location of the access point may not be precisely in the location sketched once the survey plat is completed, nonetheless the access point will be on the northern boundary of the property along County Road 102. We are continuing to assemble the further information you identified. Thank you for your assistance. Sincerely, CALOIA & HOUPT, P.C. 1 Barbara P. Kozel BPK/fm Enclosure cc: Eugene Chiarelli CHIARELLI-Barbee-ltr-1 4 K 0 z 956.47' II 00 A, ( 4j9,E17.13 11 LOT I 2 ao.00' 1 1- 0 W1/1 SE t/4 l5EC. 20) _ 0 U1 0 0 fru In 111 0 () ( I"1(Eas 0 t'1 [P-ru' 0 2 2.8B Ac.: ) L O -r 3 .. 1.1.s.11r 0• PI 1� UA t1 II.)I 1 4 d"!.'1 r. 0 LOT NOPT)4 —.-- .¢1 •7 f,00 57391941"-W ..1 EC,.UCs Aspen 0 E. Appraisers, I Id (970) 925-1819 SHERRY A. CALOIA JEM-ERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 April 9, 1999 Dwight Whitehead, Water Commissioner Water Division No. 5 P. O. Box 396 Glenwood Springs, CO 81602 Re: Well Permit Application Dear Dwight: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Enclosed please find one exempt domestic well permit application for Eugene Chiarelli, together with a check in the amount of $60.00 for the filing fee, a copy of the legal description of the property and a map of the lot. I will forward the original client authorization form to you on Monday when I receive it from Mr. Chiarelli. Mr. Chiarelli is the contract purchaser of the lot where the well will be located. Please call if you have any questions. Very truly yours, CALOIA & HOUPT, P.C. Sherry AGC loia BPK/fm cc: Eugene Chiarelli encl. CHIARELLI-Whitehead-ltr-1 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL Review instructions prior to completing form Water Well Permit Application Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicant EUGENE CHIARELLI I] A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one ('1) acre of home gardens and lawns • B. Livestock watering (on farm/ranch/range/pasture) Mailing Address C/o Caloia & Houpt, F.C., 1204 Grand Ave. City Glenwood Springs State CO Zip code 81601 Telephone Number (include area code) 970-945-6067 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 2. TYPE OF APPLICATION CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM © Septic tank / absorption leach field • Central system District name: 3. REFER TO (if applicable): • Vault Location sewage to be hauled to: Monitoring hole acknowledgment # MH- • Other (attach copy of engineering design) 4. LOCATION OF WELL County Garfield Quarter/quarter SE 1/4 Quarter SE 1/4 9. PROPOSED WELL DRILLER (optional) Name Shelton Drilling Co. License number TBD Section 20 Township N or S 7 ■ © Range E or W 87 • © Principal Meridian 6th 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines 1100 ft. from S 1100 from ©E The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Well location address, if different from applicant address (if applicable) County Road 102, Carbondale, CO 81623 5. TRACT ON WHICH WELL WILL BE LOCATED Must be or inaf signature �'° 7(066-(-,,,-, -k-LA�r/ - r-" A. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT • Development See Attached Map'"" Name Titl j`- DateDa// / 5��7 Office Use Only DWR Map No. Lot no. Unit DIV • Other CO B. STATE PARCEL ID# (optional): WD C. # acres in tract 35.2 BA D. THIS WILL BE THE ONLY WELL ON THIS TRACT Yes USE MD Form GWS -50 (12/95) LEGAL DESCRIPTIO -- TOWNSHIP 7 SOUTH, RANGE $7 WEST OF TTT9 611-1 PRINCIPAL MERIDIAN A TRACT OF LAND IN TILE SE/4SE/4 OF SECTION 20, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20; THENCE SOUTH 89 DEGREES 19'41' W. 1143.00 FEET ALONG THE SOUTHERLY LINE OF SECTION 20 TO THE SOUTHEASTERLY CORNER OF THE 35 ACRE TRACT OF LAND CONVEYED TO MEREDITH M. HOMET BY DEED DA1'hD OCTOBER 26, 1976 AND RECORDED NOVEMBER 1, 1976 IN BOOK 489 AT PAGE 827 AS RECEPTION NO. 275085; THENCE NORTH 1333.11 FEET ALONG AND CONTIGUOUS TO THE EASTERN BOUNDARY OF SUCH TRACT CONVEYED TO MEREDITH HOMET TO THE NORTHERLY LINE OF THE SE/4SE/4 OF SECTION 20; THENCE ALONG SAID NORTHERLY LINE EASTERLY 1150.92 FEET TO THE NORTHEAST CORNER OF THE. SE/4SE/4 OF SECTION 20; THENCE SOUTH ALONG THE EASTERLY LINE OF THE SE/4SE/4 OF SECTION 20 TO THE POINT OF BEGINNING. ALSO, ALL THAT STRIP OF GROUND TN THE SW/4SW/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 87 WEST LYING WESTERLY OF COUNTY ROAD 102 BUT EXCEPTING THEREFROM A TRACT OF LAND SITUATE IN SECTION 28 AND DESIGNATED AS 'OPEN SPACE 0.698 AC." IN THE SOUTHWEST CORNER OF THE FINAL PLAT OF FILING NO. ONE, KINGS ROW SUBDIVISION, RECEPTION NO. 272247. EXCEPTING THEREFROM: ANY PORTION OF THE ABOVE DESCRIBED PROPERTY LYING EASTERLY OF THE WESTERLY BOUNDARY OF KINGS ROW SUBDIVISION FILING NO. 1, THE PLAT OF WHICH 1S RECORDED APRIL 1 I , 1976 AS RECEPTION NO. 272247. COUNTY OF GARFIELD STATE OF COLORADO 200 100 200 400 SCALE: 1 INCH = 200' FEET /r t; i\ i1 • i — V1\ /://� ` wv;>.\ �'. °77 ! ,,t • y�: �/' VICINITY MAP SCALE: 1 INCH = 2000 FEET Nona ACCORDING 70 COLORADO LAN: YOU MUST COMMENCE ANY IECAL ACTION BASED UPON ANY Y DEFECT IN 7H7S SURVEY NITHIN 3 YEARS AF7ER YOU FIRST DISCOVER. SUCH DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE • THAN TEN YEARS FROM THE DATE Or CER71FlCAnCN 8i0V.N 801180N. NWI/4 SE1,'4 SW1,%4 SE' BASIS P- BEARINGS S 894'41'.E '41'E � r FOUND REBAR d CAP LS 9184 S.:j4 SEC 2C NE, SE \ FOUND REBAR & CAP t5 9 7972 COUNTY ROAD 102 N 89'40'47" E H51.12' (RECORD) Section split -out information :or :Cis ss vey IS baser or, the section split -out worksheet prepared for C. D. Barnes, dated ;aruary 14, 1981 and on file with Scarow a Walker, Inc., and found monuments as shown. 2.) This survey is also based on a description written for this Scar:ow s Walker, Inc. dated October 4, 1976. N89°42'34" - 1150.90' (SURVEY) —751 i S 0021'12" `1, // 42.34 S 41 '0 2'24 "E 8.58' W .5. 204 :KC J IRE ,..': <D) ^� 35.209.A CRES 'SURVEY) CO O C C EXISTING FENCES ZZ ---------- ------- , C p0'10'4; " W ''4 7 55' SET REBAR & CAP 1.5 j' .2580 t 7,73:1,. 0ca_. _.. , t:.1'.: =.•_r, Inc.under my direct superv:slrn, _est:cns_b:lits• and cnecY:ng. SET REBAR & CAP LS 6 22580 O 0- Sw7/4 SW1/4 T) SECTION 21 t\ 0 � o t\ - U SET REBAR & CAP LS ' 22580 i S 89'19'41" W FOUND REBAR & CAP / \ / 7.50' 1519184 S.E. COR. SEC. 2C ��.(\Olt ......... r Steven R. Paco, ...5. 122580 voz>.., EN R9,��0 5 F. 22580 ifgi COUNTY SUR% .YOP'', CLT0r:F1CT.:c •• _ •:2�W� 7 this day of 11 at m. in '11uili) u22l nook__ of the County Surveyor's land survey plats!: iahts-of-way surveys at pane ,Peception Number . This land survey plat complies with '_.iron 38 102, Colorado Revised Statutes. Cou::t : Surveyor 011 .4 E.'_.: , _.. ": Jh A :arcs: of land situated in the SE1/4SE1!4 of Section 20 and in the SW1/4SW1/4 .:;e^• -:on 21Township 7 South, Range p7 West of the Sixth Principal Meridian, .,cunt.: of Carf:eld, State of Colorado, said parcel of land is described as Beginning at the Southeast Corner of said Section 20; thence 5.89°19'41"W. 1;43.00 feet along the Southerly line of said Section 20; thence North 1333.11 feet; thence N.89°40'47"E. 1151.12 feet, more or less to a point on the Easterly line of said Section 20; thence S.00°21'12"W. along the Easterly line of said Section 20, 42.34 feet; thence S.41°02'24"E. 8.58 feet along a county road fence as constructed and in place; thence S.00°16'17"W. 1277.29 feet along said county road fence; thence 5.89°19'41"W. 7.50 feet, more or less to the Southeast Corner of said Section 20, the point of beginning, said parcel contains 35.204 acres, more or less. CD. C' 0 0 • y 0 Dt , 0 N O CL., U U L a 0) � N O'• Q 0 - sheet no. PREPARED FOR: X / 6/85 13--Atencio-Azeltine complex, 3 to 6 percent slopes. This map unit is on alluvial (ans and terraces. The native vegetation is mainly grasses and shrubs. Elevation is 5,900 to 6,500 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 44 to 46 degrees F, and the average frost -free period is 105 to 120 days. This unit is 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are small areas of soils that are similar to the Atencio and Azeltine but have finer texture. Also included are small areas of gravel bars. Included areas make up about 10 percent of the total acreage. The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and s}.le. Typically, the surface layer is reddish gray sandy loam 6 inches thick. The next layer is sandy loam 4 inches thick. The subsoil is sandy clay loam 10 inches thick over gravelly sandy loam 4 inches thick. The upper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. The soil is noncalcareous to a depth of 20 inches and calcareous below that depth. In some areas the surface layer is gravelly or cobbly. Permeability of the Atencio soil is moderate to a depth of 30 inches and rapid below this depth. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. / /3 -- The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltail are also present in the potential plant community. The average annual production of air-dry vegetation is about 800 pounds per acre. Management practices suitable for use on this unit are proper grazing use and a planned grazing system. If the range vegetation is seriously deteriorated, seeding is needed. The main limitations for seeding are cobbles and stones. For successful seeding, prepare a seedbed and drill the seed. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes on this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. Removal of gravel and cobbles in disturbed areas is needed for best results when landscaping, particularly in areas used for lawns. If the density of housing is moderate to high, community sewage systems are needed to prevent contamination of water supplies as a result of seepage from onsite sewage disposal systems. The map unit is in capability subclass IVe, irrigated, and VIe, nonirrigated. It is in Rolling Loam range site. 03 EXHIBIT B Our Order No. GW230642-3 THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, 1907, IN BOOK 73 AT PAGE 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, 1907, IN BOOK 73 AT PAGE 2. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 78-57 RECORDED August 17, 1978 IN BOOK 514 AT PAGE 320. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENTS RECORDED JULY 30, 1980 IN BOOK 552 AT PAGE 934, AT PAGE 935 AND AT PAGE 937. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.