HomeMy WebLinkAbout1.0 ApplicationWEINREIS
REQUEST FOR EXEMPTION
REQUEST FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pursuant to C.R.S. (1973) §30 -28 -101(10)(a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended September 7, 1999,
§8:00, Joseph E. Weinreis and Velma Weinreis, request the Board of County Commissioners of
Garfield County, Colorado to exempt by Resolution, the division of a 8.48 acre tract of land which
is physically separated by County Road 315 from a larger parcel (Garfield County Assessor, Parcel
No. 2179-173-00-491) containing 120 acres, one of which will be approximately 8.48 acres, (the
"exempted parcel") and the other of which will be approximately 110 acres, more or less, (the
"remaining parcel") from the definition of "Subdivision" and "Subdivided Land," as the terms are used
and defined in C.R.S. (1973) §30 -28 -101(10)(a) -(d), and the Garfield County Subdivision
Regulations for the reasons stated below.
1. The 8.48 acre, more or less, tract which is the subject of this Request is owned by the
Petitioners, Joseph E. Weinreis and Velma Weinreis (see copies of deeds submitted herewith as
Exhibit 1).
2. The 8.48 acre parcel to be exempted is physically separated from the remainder of
Petitioners' real property by a public right-of-way (County Road 315) preventing joint use with the
remainder of the Petitioners' real property.
3. The purpose of this exemption request is to allow residential sale and use of the lot
to be exempted.
4. The residential improvements on the proposed parcel shall be supplied with domestic
well water from an exempt well (see attached Exhibit 2).
5. Any improvements to be erected in the future on the parcel shall be served by an
individual septic system.
6. Access to the property to be exempted is directly from Garfield County Road 315.
7. Copies of the deeds by which the owners' predecessors took title before and after
January 1, 1973, are submitted herewith as Exhibit 3, demonstrating that the tract to be exempted,
as it exists presently, was physically separated by County Road 315 from the remainder of Petitioners'
real property as of January 1, 1973.
8. In further support of this Request, the following are submitted herewith:
1
a. Vicinity map (Exhibit 4).
b. Schedule of names and addresses of owners of record of lands within 200 feet
of the proposed exemption, and mineral owners of record for the exempted parcels (Exhibit5).
c. Soil types and characteristics from USDA Soil and Conservation Service
(Exhibit 6).
d. Copy of letter to Burning Mountains Fire Protection District (Exhibit 7).
e. Three Hundred Dollar ($300.00) application fee.
f. Exemption Plat.
9. School impact fees as provided by regulation will be paid upon approval of final
exemption plat.
WHEREFORE, Joseph E. Weinreis and Velma Weinreis request that the Garfield County
Board of Commissioners approve the subdivision exemption of the 8.48 acre tract.
SIGNED this 17 day of
Thomas W. Stuver
Attorney for the Petitioners
STUVER & GEORGE, P.C.
120 West Third Street
P.O. Box 907
Rifle, Colorado 81650
(970) 625-1887
2
, 2000.
EXHIBIT 1
DEEDS
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT
H�:orkd al
Reccnfium No. J
MAY 2 6 1994
WARRANTY DEED
THIS DEED. Mark this 26TH day „t May
1 19 94 . between TCM RUSSELL O'BRIEN
of the
Hccorder.
County of Garfield and sone rn
CofaoJo. grantor. and JOSEPH E. WEINREIS AND VELMA WEINREIS
AS JOINT TENANTS
whose legal address is 5454 County Road 346, Silt
n( the
Cortnlyo( Garfield
erIrr090:3 _ :.802
MAY 16 1994
GAFir. .
State Doc. Fee
S i•��
DOC FEE $9.48
and Stale of Colorado. grantee:
tvfrNF_s.ETII• That the grantor for and in cun.ukntirw, of the win of Ten Dollars ($10.00) and other gccd
and valuable consideration ------------------- fyyl axs
Inc receipt and tullicRaney of which is hereby acknowledged. hors granted. bargained. sold and con, cscd. and by these presents docs grant. bargain. .<•11.
convey and confirm. unto the grantee. his heirs and assigns Tonne,. all the real proRrty together w rah inprm.nw•nt.. if any. situate. Ism¢ and being ,n the
Cuanty of Garfield and Stare of Colorado desc-rihd as follow s:
That real property described in Exhibit A attached hereto and incorporated
herein by this reference.
as known hs street and nun,her as:
TOGETHER with all and singular the hereditaments and appuncnances thereto belonging. or m ans wise appertaining. and the nocrc, n and
nn-cn . rcn,a,nder and rcnnin,en, rent, issues and profits thenol. and .111 the e.nate. neht. roe. intense. clan, and demand wh: t.,a,cr or the
grantor. either in law or equity. n(. in anal to the above bargained prenuscs, w Ott the hereditament. aid appurtenances.
TO IIAVE AND TO 11011) the said premises Aisne bargained and described. tush the appurtenances. unit, the grantee. his heirs and a.:igns
Weser. And the grantor. hr hinnclI hit hers. and per<nnal rcprescnt:uncs. dr+. C„senn111. g1:1111. bargain...id agree m, and w it the grantee. his heirs and
ions. that at the time of theensealing and delivery of thew presents, he is well seised o(thc premises atwwc crosc,cd. has grw d. sure. perfect. ahswdule
and indcfcaxihle estate of inheritance. in law. in fee simple. and has good right. full power and law lul authon,v lo _rant. bargain. sell and cumcv the same
in manner and (nrn, as af,rcsaid. and that the same an free and clear Inwn all former and other grant.. harg.nns. sales. hens. lase, assessments.
encumbrances and restrictions of %harser kind or nature *ocher. except subject to the 1994 general property
taxes, patent reservations, restrictions, easements and rights-of-way of record.
The grantor shall and will WARRANT AND FOREVER DEFEND the aMwrhareansd prcmocs m the qu,el and fraccahle p,s.es.ion t,111. grantee•
his heirs and assigns. against all and every penin Of penins law fully clamdng the hale or any part thereof. The singular number shall ,ncludc the plural.
the plural the singular. and the use of any gender shall he applicable h, all genders.
IN WITNESS 11 IIERF.OF, the cantor has executed thes decd an the date set birth shine.
am
'ICM RUSSELL O'BRIO4
by
STATE OF COLORADO
C'onuy "' Garfield
The foregoing instmmmnt was acknowledged he(rc na Ibis
TCM RUSSELL O'BRIEN.
hly con.�t.r�ii..lj:1�u fl•II4 y
Ili tP
I fl Oq.
'If m I I OR`C01.
CINDY
HUGHES !
(
day of May . 1194
17 . t'195 \4mes. ms hand and, 1111. tal seal
.Name as AJJmr o I I rrww .,.ranr 4.l% t /Tara 1.na1 t er. mwnw 81 0.1411* 1.1 A SI
No. 912A. Rev.74.I, 5A N..lTr nr.cn li nww.,er.rha llw".dl Return to: Joseph Welnreis
nrawn,wd Publishing. 11.11 aa,re Sf. Dimer 111 roan) _ 5454.: EL)UNTY.1 ROAD 346
STI.T, CO 81652
EXHIBIT A TO WARRANTY DEED
Parcel A
r
8n0.0903,!,-.803
The SW1/4NE1/4, Section 18, Township 6 South, Range 92 West, 6th
P.M.; the W1/2SW1/4, Section 17, Township 6 South, Range 92 West,
6th P.M.; and that portion of the SE1/4NE1/4, Section 18, Township
6 South, Range 92 West, 6th P.M., described as follows:
Beginning at the SW corner of the SE1/4NE1/4 of said Section 18,
Township 6 South, Range 92 West, 6th P.M.; thence East 400 feet;
thence North to a lateral of the New Multi -Trina Ditch as the same
is existing and in place; thence following the centerline of the
lateral of the New Multi -Trina Ditch in a northwesterly direction
to the West line of the SE1/4NE1/4 of Section 18; thence South
along the easterly line of the SE1/4NE1/4, Section 18,
approximately 300 feet to the point of beginning.
And also, an easement or right of way over and across the
NW1/4SE1/4, Section 18, Township 6 South, Range 92 West of the 6th
P.M., from the County Road to the above-described parcels, for
access thereto, along a road as now existing and in place.
EXCEPT that portion of the SW1/4NE1/4, Section 18, Township 6
South, Range 92 West of the 6th P.M., lying South and West of
County Road 314, also known as the Mamm Creek Road.
parcel B
The SW1/4NW1/4, Section 17, Township 6 South, Range 92 West, 6th
P.M.; the SE1/4NE1/4 and NE1/4SE1/4 and NW1/4SE1/4, Section 18,
Township 6 South, Range 92 West, 6th P.M.
EXCEPT those portions of the NE1/4SE1/4 and NW1/4SE1/4, Section 18,
Township 6 South, Range 92 West of the 6th P.M., lying South and
West of the County Road 314, also known as Mamm Creek Road, and
also, EXCEPT that portion of the SE1/4NE1/4, Section 18, Township
6 South, Range 92 West, 6th P.M., described as follows:
Beginning at the SW corner of the SE1/4NE1/4, of said Section 18,
Township 6 South, Range 92 West, 6th P.M.; thence East 400 feet;
thence North to a lateral of the New Multi -Trina Ditch, as the same
is existing and in place; thence following the centerline of the
lateral of the New Multi -Trina Ditch, in a Northwesterly direction
to the West line of the SE1/4NE1/4 of Section 18; thence South
along the Easterly line of the SE1/4NE1/4, Section 18,
approximately 300 feet, to The Point of Beginning.
AND ALSO EXCEPT an easement or right-of-way over and across the
NW1/4SE1/4, Section 18, Township 6 South, Range 92 West of the 6th
P.M., from the County Road to the above described EXCEPTED parcel,
for access thereto, along a road as now existing and in place.
EXHIBIT 2
WATER WELL PERMIT APPLICATION
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 274729
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: Block: Filing: Subdiv:
JOSEPH E. & VELMA WEINREIS
5454 COUNTY ROAD 346
SILT, CO 81652
(970)876-2524
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 17
Twp 6 S Rng 92 W 6th P.M.
DISTANCES FROM SECTION LINES
500 Ft. from SOUTH Section Line
50 Ft. from WEST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) 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.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ± 37.87 acres
(±40 acres less Garfield County Road No. 315 ROW of ± 2.13 acres) described as the SW 1/4, SW 1/4, Sec. 17,
Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2179-173-491
Assessor Tax Schedule Number: 230907 (totaling 120 acres)
APPROVED
DMW
Receipt No.
State Engineer
e 74:71111011..."ftsr)
DATE ISSUED APR 2 7 2000
¥/ z
2 7
A271,By
EXPIRATION DATE APR 2 7 2002
F M NO.
GW 2
1o194 \
. PUMP INSTALLATION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
or Office Use only
1.
WELL PERMIT NUMBER off.5 y7 c-7.
2.
OWNER
Mailing
City,
Phone(97)
NAME(S) ./r1 n r'f(� j 70,--t" 1/2,
Address ry C"c,L /' e cc n -\\J / a 3 y
St. Zip S; /7: ( , /�' / t
x'76- �---- y
3.
WELL LOCATION AS DRILLED: 5-1/ 1/4 5-14i 1/4, Sec. 17 Twp. Ly , Range 2,) 14/ .
DISTANCES FROM SEC. LINES:
5-C67 ft. from t/ Sec. line. and G' ft. from line.
FILING(UNIT) .
SUBDIVISION:
STREET
_Sec.
norm or south) eas or wes
LOT BLOCK
ADDRESS AT WELL LOCATION:
4.
PUMP DATA: Type Installation Completed .
Pump
Design
Pump
ADDITIONAL
Manufacturer Pump Model No. .
GPM at RPM , HP , Volts , Full Load Amps .
Intake Depth Feet, Drop/Column Pipe Size Inches, Kind
INFORMATION FOR PUMPS GREATER THAT 50 GPM:
.
TURBINE DRIVER TYPE• ❑ Electric ❑ Engine
Design Head feet, Number of
❑ Other
Stages , Shaft size inches.
5.
OTHER EQUIPMENT:
. Monitor Tube Installed
❑ Yes ❑ No,
Depth ft.
Airline
Flow
Meter
Installed Yes ❑ No, Orifice Depth ft.
Meter Mfg. Meter Serial No.
Readout Gallons, ❑ Thousand Gallons, ❑ Acre feet, n Beginning Reading .
6.
TEST DATA: ❑ Check box if Test data
is submitted on Supplemental Form.
/ �-- . ;�f -
Total
Static
Date
Date
Well Depth • ` / Time
i"71 ,
Level o Rate (GPM)
Measured / Q- --7rf Pumping Lvl..0fr
7.
DISINFECTION:
Type -2 z -`-2-2--( Amt. Used I / 1
8.
Water Quality analysis available. L.X.I Yes ❑ No
9.
Remarks
1(�(:L'-, Y 1.)2.-----
10. I have
[Pursuant
degree
CONTRACTOR
Mailing Address
read the statements made 1{ferein and know the contents thereof, and that they are true to my knowledge.
to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second
and is punishable as a class 1 misdemeanor.]
•1/,)ti C c Phone (26.,F) 31/4i //i ; Lic. No.� /
/JJJo/ /.;, ; 1-. .-) s' -,)‘.7-F, (d j-'1)-...41/
Nae/Title (Pleasee or print)
�, //�..'J L_,irt, .c-.4.
C".., >
Signature
,- r-
/�'.--2:C)
Date
FORM NO.
GWS -31
10/94
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1313 Sherman St, Rm 818. Denver, CO 80203
For Office Use only
1.
WELL PERMIT NUMBER ,1L ',9 9
2.
OWNER NAME(S) 1 >S{p h We --14 ^e 1.4
Mailing Address y- q S, Co44.„ T y 1776
City, St. Zip 5 / / r, (',, '/"C y.-- L2 -
Phone (?70 ) '7 -- — 6 -:Ly
3.
WELL LOCATION AS DRILLED: SV✓ 1/4 1/4, Sec. 17 Twp. 6 '57 Range ,2-- V
,9-V/ , !
DISTANCES FROM S C. LI ES:,
p C ft. from ;, Sec. line. and ' ft. from �L!) Sec. line. OR
• • . least or west)
SUBDIVISION: LOT BLOCK FILING(UNIT) .
STREET ADDRESS AT WELL LOCATION:
4.
GROUND SURFACE ELEVATION ft. DRILLING METHOD /.7 %
DATE COMPLETED /% _ 1 .S'_ n a . TOTAL DEPTH ,)-IG' ft. DEPTH COMPLETED ,J-3 ft.
5. GEOLOGIC LOG:
Depth Description of Material (Type, Size, Color, Water Location)
6. HOLE DIAM. (in.) From (ft) To (ft)
14 [ 1�
- f7,vT ,),i3r7, �-.,/
"
i_Q _ k d C/1iaiic 1 3/1r �'j
7. PLAIN CASING
OD (in) Kind Wall Size From(ft) To(ft)
0" 57;:2---J___ , 1,_W
.g
PERF. CASING: Screen Slot Size:
, ,,2 _51/47"
" J'J� E1 i i , f1 Az
,--9
8. FILTER PACK:
9. PACKER PLACEMENT:
Material w ,i"
Type Irp-
Size
Interval
Depth
10. GROUTING RECORD:
Material Amount Density Interval PIppement
REMARKS:
(14;(,),F,07-- 5.Qr>,?9/ /�/- 6- /- SiTia"
(9/f
r�ZG
11.
DISINFECTION: Type
Amt. Used /r
6-
12.
WELL TEST DATA:
I
l
I Chec box if Test Dat is submitted on Form No. GWS 39 Supplemental Well Test.
TESTING METHOD 4 J,n/i Z&%
Static Level 1-' ft. Date/Time measured Production Rate 7 gpm.
,
Pumping level ...., 0 ft. Date/Time measured Test length (hrs.) f a,
, .
Remarks
13. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13) (a)
C.R.S., the making, = false stat ments herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.]
�`
CONTRACTOR --er�.eta i / . ,,,,_ Phone ( ) Lic. No.
Mailing Addre
Name/Title (Please type or print)
TOSS � L�9In/
Signature
/t 1 -
Date
ia— Z• 06
7,
Recieved from:
AN
~
JOHN C. KEPHART & CO.
At
4uoNORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO e1mo/
ANALYTICAL REPORT
Joseph E. Weinreis
5454 County Rd. 346
Silt, CO 81652
5392 water
Customer No. Laboratory No. Sample
12/1/00 12/11/00
Date Received Date Reported
Sample 5392
MAM Cr. 1-12 12:00,
Garfield County, private
Total Coliform Bacteria 0 colonies/100m1 sample
Director: B. Bauer
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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 comDletinv 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
Joseph E. and Velma Weinreis
D 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 (awns
• B. Livestock watering (on farm/ranch/range/pasture)
Mailing Address
5454 Co. Rd. 346
City
Silt
State
CO
Zip code
81652
Telephone Number (include area code)
(970) 876-2524
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
►l Septic tank / absorption leach field
• Central system
District name:
3. REFER TO (if applicable):
• Vault
Location sewage to be hauled to:
Monitoring hole acknowledgment i
MH-
• Other (attach copy of engineering design)
4. LOCATION OF WELL
County
Garfield
Quarter/quarter
SW 1 /4
Quarter
SW /4
9. PROPOSED WELL DRILLER (optional)
Name
to be determined
License number
Section
17
Township N or S
6 ■ M
Range E or W
92 mpli
Principal Meridian
6th
10. SIGNATURE of applicant(s) or authorized agent
Distance of well from section lines
500 ft. from • N IZi S 50 ft. from • E ® w
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a Bass 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)
5. TRACT ON WHICH WELL WILL BE LOCATED
Must be original signature
It��.i ,, ,-, ,--, acv
A.
ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT
• Development
Name
'irtle
Joseph E. Weinreis, Applicant
Date
-7- k -- r''YV
Office Use Only
DWR Map No.
Lot no. Unit #
DIV
• Other the Southerly 36 acres of W1/2
SW1/4, Sectionl.7, Township 6 South, Range
93 W. of 6th P.M., Garfield County, Colo.
CO
B. STATE PARCEL
ID# (optional):
WD
C. # acres in tract
36 acres
BA
D.
THIS WILL BE THE ONLY WELL ON THIS TRACT
USE MD
Form GWS -50 (12/95)
EXHIBIT
EXHIBIT 3
DEEDS OF PREDECESSORS IN TITLE
V1(09
3Z -0 a 0112o
19")1 UjA-A4A -1-b ctAcY\-x-u-
r,tAze.a4- eoa,.
e cR3 ate.
lig o(e�..
a..+pie Ti 24127 r'hee 9 SseVITI, a4est Pa"
• Tis Dan. Mods raft 7th dery April
iri.p4rr Dor Lod m. tr4mtar. Wmt Sixty—nine
O.r.m
ALEX DRWZRI. - .
d er [*mono
god Soho 1Odom duebrpot, rod
ANDRa( JDLsus and BEVERLY JULIUS
Garfield
RR ■OmR et
44-r2 ;- 1%9
. 3• o 0
Oamtp.t Garfield
r • atr 1 Cr..tk.t to oter lona
•
wn'xbarri Thr t..> d port y t me fir pork nr r i.mr+riro of u. .m of
Ten Dollar. and other valuable considerations 80121200k
W W poet y r W Orr port Y Pool pail be the sold porde= of tie =Mid P.M ti..r..bt .tr..t
6..6, ssfmrl W ori ...ito.,k L 5 NmN. booms+, old r proroopt. W belly. p*mmr r H
gams. .aroska...5 _...V W .ell.r ..t. t!e mi1 pRr 1 tip mooed park lir, hod= W a.koe 14.44 r
4 Paras 4 e4 rot 4 3.r'••rs..5 t .....ver rtr ins p.'4 a .t Pmt. rtrk iie
✓ 6.4. r theamv .[ Garfield rod arca t
Camay Poplar
WsW4, SWit3Wtt, Section 17: SW1/45814. Ste[. R41110a, Section 18. Tp. 6 -
5.. R. 92 W., 6th P.M., containing 320 acres, =ors or less.
Together with 2000 shares of the capital stock of th. New Woltz—
Trina Ditch Co. There is also hereby convoyed an .augment for stock
driveway from the public higbrmy to the public domain over and acros
the SLAG* - and Lot 1 in Section 1, T. 6 S., R. 90 W. of the 6th P.M.
and the W1/2SEit and NE SWI of Section 33 in Tp. 5 8., R. 89 W. of the
6th P.M. at a point as described in warranty deed recorded in tai
Garfield County records in Book 221 at Page 149. Together with
any grazing rights and privileges as granted by th. Bureau of Land
Management upon the public domain including those granted adjacent
to the D. S. Forest permit area on Stora Ring North of Glenwood
Springs, Colorado.
Except prior mineral reservations of record and subject to
easements and rights of way situate and in plc..-- _
TOGZTWf . 5 J and *roots, M. O..rrmre apt 4lprr.op.. Pias* 644448. a r .moi.
..r-ta446 r t. ..perm .at +.r..+ra romsid....•••.t.t.k +m r. i.r set perm meal r
.a tba n4t.. mot. 44. 44444. claim r tmmot .baro.! 1 dr .w part 7 or tar mot pork 4mm 4
P... •.4tp. oto 4 W i u..6..o bag4mt perm- .e► Ike ►e.e-mmer sod .,eet4.mek
•
•.'a aro_:,e':Y--1 tS a.Rl baa:
EXHIBIT k
1'
•
' Book 401 Page 46
•
TO LR ♦11O TO IOSd.the ..V p.4E4 m►.o 1444 d 4404 eW the .•sneer.., 411. 14
=AI S•.e•e f the ereeee Sot Vee ►es d ream f..nm had t. mid w.ty. .[ be theit .r4 1r .
him .d i; hL Ye4 ear.. d 44414.4 a.•• ..•noo4 • r. anon d sone •.'
d etre the W p.t1r < O. rmonl 44 thew her d oe•.m. time nethe ear 4 th..raw d 4141
rf ter. peer. h• i• wa 4.141 .[ the pemeloo New ropy r at tor.. mom 444 Nee'.
d I44.404 ore d 4444 le lee.. L. .t4l.. d he • gees rta4 ten Seer d 444 ae'eaeal
1. great. hme.ny; ad Wer... the mor to arms sod term afe.rea, d tee' tf. some .n beer Om bee
a1
former d ether Rrti 444. 44114. yea .rrw d 11.4444 1 e....nr W or etda
▪ except reservations- and exceptions contained in United State■
Patent, and taxes for the year 1969 due in 1970, which the grantees
herein assume and agree to pay,
•
d I. N... .rated gnryr Y be rote' d weedy e...d4 d do 114 Sorer 4 the mrd Pro thee
bees d 444 M.l.et a1 d ••r7 Srrr r Prot berelgr .ytaher r er 44 the 44 r met_Set thanw4
the eta wt y of the me' Sot N.1 d hie WARRANT AND 7011771:1 077Z/en.
IN wiriness U WO►, tee ..e' pet y e' tae rant Soret he • hanoe se' hie ao• r
eel the es d>oor fine 44 444 '
111441r1e d Delivered y the 7.ome.d
•
i
!TATA 07 COLOR/01Z
r artield F}F}
eta -....I..4 ►dano amino 7th
to 6t ;7 a 2%l pe Hensel.
1 f L i
,Jaz 2.5. 1970
• tieties
r d April
. w1r4 a7 hod and e'ae.. Reel
'iD
e -4r- . am. rw same ar afar ammo* re✓•rt 1.r ay Ns err
r err err r wwwwa wrr r r =wow.. r +r we .,.ter a. - am=rr
.ea..r +err as e nrr or e ams a r-. gni
gz
Eg
3
4
L
9 40, A n OCT 2 6 1979
Recorded at o'oloo� ■
Reception No 9 9 T79 Mildred Aledor f, Recorder
WARRANTY DEED
800% 538 r>£5:4
OCT 261979
:TIRE maim fiZ
ANDREW JULIUS and BEVERLY JULIUS, whose address is 241
4th, Rifle, County of Garfield, State of Colorado, for t
consideration of $115,000, in hand paid, hereby sell and cony
to LAURO L. AMAYA and SANTOS AMAYA, as joint tenants, who
address is Route 1, Box 76B, Silt, County of Garfield and Sta
of Colorado, the following described real property in the Coun
of Garfield, and State of Colorado, to -wit:
The SW 1/4 NE 1/4, Section 18, Tp. 6 South, Range 92
West, 6th P.M.; the 4 1/2 SW 1/4, Section 17, Tp. 6
South, Range 92 West, 6tn P.M.; and that portion of the
SE 1/4 NE 1/4, Section 18, Tp. 6 South, Range 92 West,
6th P.M., described as follows:
Beginning at the SW corner of the SE 1/4 NE 1/4, of
said Section 18, Tp. 6 South, Range 92 West, 6th P.M.;
thence East 400 feet; thence North to a lateral of the
New Multi -Trina Ditch, as the same is existing and in
place; thence following the centerline of the lateral
of the New Multi -Trina Ditch, in a Northwesterly
direction to the West line of the SE I/4 NE 1/4 of
Section 18; thence South along the Easterly line of the
SE 1/4 NE 1/4, Section 18, approximately 300 feet to
the point of beginning.
And also, an easement or right-of-way over and across
tne NW 1/4 SE 1/4, Section 18, Tp. 6 South, Range 92
West of the 6th P.M., from the County Road to the
above-described parcels, for access thereto, along a
road as now existing and in place.
Except that portion of the SW 1/4 NE 1/4, Section 18,
Tp. 6 South, Range 92 West, 6th P.M. lying South and
West of County Road 314, also known as the Mama Creek
Road.
And also, all ditch and ditch rights, water and water
rights appurtenant thereto or used in connection
therewith, including, but without limitation, the water
rignts represented by 750 shares of the capital stock
of the New Multi -Trina Ditch Company.
And also, an undivided one-half interest in and to an
easement for stock driveway from.the public highway to
tne public domain over and across the S 1/2 NE 1/4 and
Lot 1, in Section 1, Tp. 6 South, Range 90 West of the
6th P.H. and the W 1/2 SE 1/4 and NE 1/4 SW 1/4 of
Section 33, in Tp. 5 South, Range 89 West of the 6th
P.M. at a point as described in Warranty Deed recorded
in tne Garfield County records in Book 221, at page
149. Said easement is more fully described in a
Warranty Deed recorded April 9, 1969, Book 401, p..,
EXHIBIT `�
eU3X 538 r..cF525
1
45, Document 243127, Garfield County records.
And also all Bureau of Land Management (BLM) and O.S.
Forest Service grazings rights and privileges
appurtenant thereto.
COUNTY OF GARFIELD
STATE OF COLORADO
with all its appurtenances and warrant title to the same, subje
to 1.979 property taxes and assessments, easements, rights of wal
restrictive covenants of record, reservations contained with,
the United States patents to the subject property, and a pri
reservation of all minerals, as disclosed by deed recorded Bo
228, page 108, Garfield County records.
Signed October 24, 1979.
ti
Beverly Ju
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD)
The foregoing was subscribed and sworn to before me
October 24, 1979, by Andrew Julius and Beverly Julius.
cemL~._C.Hitness hand and official
,.._, my
e ,c ommission expires:
pTphua y: 19, 1982.
'.- 1r cep
-2-
L
seal .
EXHIBIT 4
VICINITY MAP
In
•
R
.� 1
EXHIBIT 5
SCHEDULE OF ADJACENT LAND OWNERS
AND MINERAL OWNERS
1
1
1
I
1
1
1
1
1
1
1
1
1
1
1
1
1
1
PROPERTY OWNERS WITHIN 200' OF PARCEL 2179-173-00-491
BELONGING TO JOSEPH E. WEINREIS AND VELMA WEINREIS
2179-172-00-122
Ralph & Sonja Fritzlan
4941 C.R. 346, Silt, CO 81652
2179-172-00-585
S. Duff & Darlene J. Nicola
5111 C.R. 346, Silt, CO 81652
2179-172-00-586
Gary E. Tillotson
P.O. Box1801, Glenwood Springs, CO 81602
2179-172-00-587
Robert R. & Charmane Graham
5201 C.R. 346, Silt, CO 81652
2179-174-00-518
Joseph E. & Velma Weinreis
2179-181-00-123
Joseph E. Weinreis
2179-181-00-271
Joseph E. & Velma Weinreis
2179-191-00-511
Scott W. & Linda S. Brynildson
1831 Railroad Ave., Rifle, CO 81650
2179-201-00-510
Joseph E. & Velma Weinreis
**These parcel numbers were shown as on the attached map**
EXHIBIT �_
1
1
1
1
1
1
1
1
Adjoining 2177
2177-242 -00 -398
F
2177-134-0
—309
2177--134 -00-206
Tax Rr6a2Pt
116
I
6
td
cri
EXHIBIT 6
SOIL TYPES AND CHARACTERISTICS
FROM USDA SOIL AND CONSERVATION SERVICE
•
:41221iiiia%ikAl1§;
•
. • !'.7-t":. '
,
. • 17.:4:7:7_7;4;
s •
. •
1
rtment of Agriculture,
ase maps are
Interior, Geolog-
) grid ticks and land
ied.
1
93W. 92 W.
5 000 4 000
3 000 2 000 1 000 0
(Joins sheet 17)
5 000
1-
0
Scale - 1:24000
RIFLE AREA. COLORADO NO. 10
EXHIBIT
2
3—Arvada loam, 1 to 6 percent slopes. This deep,
well drained, sloping soil is on fans and high terraces
(fig. 4). Elevation ranges from 5,100 to 6,200 feet. This
soil formed in highly saline alluvium derived from sand-
stone and shale. The average annual precipitation is
about 12 inches, the average annual air temperature is
about 48 degrees F, and the average frost -free period is
about 120 days.
Typically, the surface layer is strongly alkaline or very
strongly alkaline, pale brown loam about 3 inches thick.
The subsoil is brown silty clay loam about 14 inches
thick. The substratum is light brown or brown silty clay
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Limon, Kim, Heldt, and Wann soils. Also included are
some soils that are high in silt.
Permeability is very slow, and available water capacity
is moderate. Effective rooting depth is 60 inches or
more. Organic matter content of the surface layer is low.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for wildlife habitat, limited
grazing, and some irrigated farming.
Irrigated crops produce very poorly because the soil
takes water in very slowly and is droughty. Leaching is
needed to remove excess salts if this soil is to be irrigat-
ed. Soil amendments containing sulphur are helpful in
leaching the salt.
The native vegetation on this soil is mainly saltgrass,
alkali sacaton, and greasewood.
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition. Western wheatgrass, alkali sacaton, and tall
wheatgrass are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. irrigat-
ing new seedings is necessary for successful establish-
ment. Reducing brush improves the range if the grass
understory is adequate.
Cottontail rabbit and pheasant find shelter on this soil
if they can obtain food in surrounding areas.
Use of this soil for sanitary facilities, for community
development, and as a source of construction material is
limited by the high shrink -swell potential, slow permeabil-
ity, clayey textures, and salinity.
This sod is in capability subclass VIIs, irrigated and
nonirrigated.
EXHIBIT 7
LETTER TO BURNING MOUNTAINS FIRE
PROTECTION DISTRICT
hF' . T 's HARDWARE
TEL : 9 0-984-3112 Apr. 27 , 00 12:1,5 No .006 P.02
REQUEST FOR COMMENT ON
SUBDIVISION EXEMPTION PETITION
TO: Burning Mountains Fire Protection District
FROM:
Stuver & George,P.C., Attorneys for Applicant
120 West Third Street, P. O. Box 907
Rifle, Colorado' 81650
APPLICANT: Joseph E. w'einreis and Velma �eye3n�l
Submitted herewith is a copy of the Garfield County Subdivision Exemption Petition of •the above
applicant acting property located at (see Weinreis Request for Exemption previously submitted to
you) within the Burning Mountains Fire Protection District.
Applicant is a taxpayer in the Burning Mountains Fire Protection District, and proposes to utilize the
services of the District to provide fire protection to the real property which is the subject of the
petition and any improvements thereon.
Please provide your comments concerning this proposal at your earliest convenience:
[Circle appropriate choice]
This property is within the boundaries of the District no
The District will provide fire protection service to this property o
The District is owed $ in Impact fees for this proposal • es/no
Special risks or hazards are associated with this proposal yes/no
• [If yes, please comment in this space.]
BURNING MOUNTAIN FIRE PROTECTION DISTRICT
B,P4rvt4-4
Date: U y � ,;.2o'�v
Your attention to this request is apprecia • . Please return Completed request to Garfield County
Planning Department, P. O. Box 640, Glenwood Sprinigs, CO 81602, with.00py4o. applicant's
attorney. [Pre -addressed, stamped, envelopes provided.]
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
March 1, 2000
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
5033 County Road 335, #410
New Castle, Colorado 81647
RE: WEINREIS SUBDIVISION EXEMPTION REQUEST
TELEPHONE 970 - 625-1887
FAX 970 - 623-4448
Enclosed is a copy of a proposed Request for Exemption, with accompanying sketch map and vicinity
map. Would you please provide your written statement concerning availability of fire protection
services and any safety concerns to the undersigned and to the Garfield County Planning Department
at your earliest convenience.
Thank you for your anticipated cooperation. Should you require any additional information, please
do not hesitate to contact my office.
Very truly yours,
STUVER & GEORGE, P.C.
ThOMW MUM
Thomas W. Stuver
TWS/gg
Enclosures
EXHIBIT