HomeMy WebLinkAbout2.0 BOCC Staff Report 03.19.2001imvel
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 03/19/01
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Joseph and Velma Weinreis
ATTORNEY: Tom Stuver
LOCATION: Along County Roads 315 and 346, southeast
of Rifle, Colorado. A tract of land situated in
Sections 17 and 18, Township 6 South, Range
92 West of the 6th P.M.
SITE DATA: 120+/- Acres
WATER: Exempt well, permit #224729
SEWER: ISDS
ACCESS: County Road 315
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
According to the Garfield County Comprehensive Plan of 2000, Study Area 2, this site lies
in the Outlying Residential area. The suggested density is no more than one (1) dwelling unit
per two (2) acres.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description and Development Proposal: The 120+/- acre property is located
southeast of Rifle, along County Road 315 (Mamm Creek). The applicant proposes
to create two lots about 9 and 111 acres in size. The 9 acre lot is dominated by the
erosive forces of Mamm Creek. The predominant vegetation is sagebrush, with
cottonwoods and riparian vegetation along the creek bed.
B. Applicability: Section 8:10 allows the Board of County Commissioners the
discretionary power to exempt a division of land from the definition of subdivision
Page 1 of 10
and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, 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.
III. REFERRALS
The application was referred to the following review agencies for comments: ► l
r V4 i A trY) IC) kl'5144-1;1;
A. Garfield County Road and Bridge Department: See- rtem age
v t(_ c ne entrance,
otic
B. Garfield County Engineer: See memo, page / j . Notes a number of revisions and
additions which should be made to the plat. Requests an overall water quality test,
engineered foundations, and more detailed topographic information.
C. Town of Silt: See page /c)... The Town of Silt responded with a two (2) paragraph
letter in which they state they have no comment.
D. Bureau of Reclamation:
IV. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is 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 or natural feature, such parcels thereby created may,
in the discretion of the Board, not be considered to have been created by exemption
with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise
applicable; For the purposes of definition, all tracts of land thirty five (35) acres
or greater in size, created after January 1, 1973, will count as parcels of land
created by exemption since January 1, 1973."
The applicant has provided proof of ownership in the form of a recorded warranty
deed (B903, P802). The parent parcel was about 320 acres in size in 1969 (B401,
P45). In 1979, 1990, and 1994, 120 acres of the original 320 were conveyed (B538,
P524; B781, P150; B903, P802). The remaining 200 acres has been divided into five
(5) parcels. Two of the parcels are north of the County Road, and three are south of
the road. Garfield County acquired one of the parcels south of the County Road for
the Airport.
If this request is approved, seven (7) parcels will have been created via the
Page 2 of 10
exemption process. The exemption regulations allow more than four (4) parcels to
be created via this process, as long as the parcel to be divided is split by a public
right-of-way, preventing joint use of the proposed tracts, and the division occurs
along the right-of-way. Based on the information provided, the property appears to
qualify for the division, and joint use of the tracts is currently prevented. If the
request is approved, no more exemption lots would be permitted under Garfield
County regulations.
B. Comprehensive Plan: The comprehensive plan contains the following goals and
objectives concerning the natural environment:
Goal: Garfield County will encourage a land use pattern which recognizes the
environmental sensitivity of the land, does not overburden the physical capacity
of the land, and is in the best interest of the health, safety and welfare of Garfield
County .
Objective 8.3: Garfield County will ensure that natural drainages are protected
from alteration.
Objective 8.4: River fronts and riparian areas are fragile components of the
ecosystem and these areas require careful review in the planning process.
Policy 8.1: Garfield County shall discourage and reserve the right to deny
development in areas identified as having severe environmental constraints such
as active landslides, debris flows, unstable slopes, bedrock slides, major
mudflows, radioactive tailings, slopes over 25 percent, riparian areas and
wetlands and projects proposed within the 100 year floodplain.
Policy 8.3: Natural drainage patterns will be preserved so the cumulative impact
of public and private land use activities will not cause storm drainage and
floodwater patterns to exceed the capacity of natural or constructed
drainageways, or to subject other areas to an increased potential for damage due
to flooding, erosion or sedimentation or result in pollution to streams, rivers or
other natural bodies of water.
The application does not address floodplain issues; nor does it40161y-the location
of the flood plain on the exemption plat. The applicant should retain a professional
engineer to locate the floodplain to determine to what extent the property is affected
by potential flooding. The applicant should also retain a qualified professional to
determine if wetlands exist on the property, and should identify them on the plat. If
the floodplain and wetlands occupy this property, it will be necessary to identify a
building envelope at least one acre in size. If the building envelope is very clearly
designed to prevent any flooding potential, the application can be found to be
generally consistent with the Natural Envirorrmment goal and policies.
C. Zoning Regulations: The applicant should be aware that Garfield County Zoning
Regulations prohibit disturbance of slopes 40% or greater, unless certain criteria are
Page 3 of 10
met. Section 5.04.02 (2) states:
Development Limitations Based on Lot Slope:
(2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building
envelope of 1 acre in an area that has less than forty percent (40%) slopes;
however, a smaller building envelope may be approved by the Board after
review of the following which shall be submitted by the applicant:
(A) A soil land foundation investigation prepared by a registered,
professional engineer.
(B) A topographic survey with contour intervals of not more than two (2) feet.
(C) A site grading and drainage plan prepared by a register, professional
engineer.
(D) A detailed plan of retaining walls or cuts, and fills in excess of five (5)
feet.
(E) A detailed revegetation plan.
All of the above shall show the minimum building envelope size for each lot and
shall provide evidence that all structures and facilities can be built within such
building envelope area so as not to disturb any forty percent (40%) slope area. The
following shallbeconditions of any approval:
(A) Foundations shall be designed by and bear the seal of a registered,
professional engineer.
(B) All finallans required to be submitted by a professional engineer shall
be approved- their final form and shall bear the seal of such registered,
prossional engineer.
(3) For all lots: Driveways, access ways and access easements within the
development and on the property of developer shall have a maximum grade
of fourteen percent (14%). (A. 94-046)
It appears, based on a staff visit to the site, that an adequate building site may exist
on the proposed lot. However, it is the applicant's responsibility to identify the slopes
that exist on the property and to comply with section 5.04.02 GJIAA./A" rip o
S la c-.","
A second zoning issue exists which deals with section 5.05.02, Live Streams:
A setback of thirty (30) feet measured horizontally from and perpendicular to the
high water mark on each side of any live stream shall be protected as greenbelt and
maintained in conformance with the definition thereof with the exception of
diversion facilities as an accessory to the approved use of the lot.
Section 2.02.28 defines a greenbelt as the following:
Page 4 of 10
Land retained in an open or unimproved condition, except for agriculture, for the
placement of landscape materials, including trees, shrubs and grasses and structures
limited to foot paths, bridges, irrigation structures, erosion protection devices and
underground utilities, or improved for park use as defined herein; ownership of such
land may be private with an easement or reservation for greenbelt use by deed
restriction, or it may be dedicated to the public. Designation of greenbelt does not
imply provision or access by, the public.
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Y
If the applicant provides a building evel�ope which respects the live stream setback,
provides an easement or reservation for the greenbelt area for private use by deed
restriction, and includes appropriate plat notes, these issues should be resolved.
A third zoning issue deals with the possible need for a floodplain special use permit,
as required by section 6:00 of the regulations. It is the applicant's responsibility to
retain a qualified professional to determine and locate the extents of the floodplain.
It may be necessary for the applicant to obtain a Flood plain Special Use permit for
all existing and proposed disturbance or construction. If the building envelope and
all other disturbance is located outside of the floodplain, a special use permit will not
be necessary.
D. Legal and Physical Access: The proposed access to the newly created 9+/- acre lot
is directly from County Road 315.
Staff received a phone call from Jake Mall of the Road & Bridge Department on
1/31/01. He stated that a driveway permit has already been issued and that the Road
& Bridge Department does not have any concerns or further comments.
The Assistant County Engineer has requested to see design of the access to the
County Road on the requested topographic map. The design should include existing
and proposed storm drainage improvements, utilities, and easements, and the
existing right of way.
E. Water: The application states that the nine (9) acre lot will receive water from an
exempt well, permit #224729. Said permit allows use of the groundwater for 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. The pump installation and test report indicates the well was
drilled at a depth of 40 feet and yielded 7 g.p.m. The application includes an
analytical report from Grand Junction laboratories which shows that no coliform
bacteria was detected.
Section 8:52 D of the Subdivision Regulations states the following:
Page 5 of 10
The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria: Provision has been made for an adequate
source of water in terms of both the legal and physical quality, quantity and
dependability, and a suitable type of sewage disposal to serve each proposed lot;
Evidence of adequate legal water rights has been included in the application. The
well appears to have an adequate yield. The applicant should understand that the
provisions of Section 8:42 D shall be met prior to finalization of the exemption plat.
Please note that item #7, the nitrate test, has not yet been submitted. The County
Engineer recommends an overall water quality test be performed. Section 8:42 D
states:
... Prior to the signing of a plat, all physical water supplies shall demonstrate the
following:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
5. An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6. If the well is to be shared, a legal, well sharing declaration which discusses
all easements and costs associated with the operation and maintenance of
the system and who will be responsible for paying these costs and how
assessments will be made for these costs;
7. The water quality be tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
F. Sewer: Individual Sewage Disposal Systems (ISDS) are proposed for each lot.
The applicant should be aware that the Colorado Department of Health setback
standards apply. The Assistant County Engineer comments that the ISDS should not
be of the evaporative type, which is consistent with the limitations placed on the well
permit.
G. Topography / Soils: The dominant soil type of the newly created nine (9) acre lot is
Arvada Loam, 1-6% slopes (#3). The Arvada Loam (#3) is a deep, well drained,
sloping soil. This soil is formed in highly saline alluviam derived from sandstone
and shale. Permeability is very slow, and available water capacity is moderate.
Surface runoff is medium while erosion hazard is moderate. Use of this soil for
sanitary facilities, for community development, and as a source of construction
Page 6 of 10
material is limited by the high shrink -swell potential, slow permeability, clayey
textures, and salinity.
The Assistant County Engineer has recommended the applicant supply a detailed
topographic map due to special conditions concerning this property, and has
recommended engineered foundations be required.
H. Fire Protection: The application contains a signed statement from the Burning
Mountain Fire District, dated 4/19/00, which states that the property is within the
boundaries of the district, and that the district will provide fire protection service to
the property. The District has not noted any special risks or hazards associated with
the proposal.
I. Utilities and Easements: Any necessary easements (drainage, ditch, access, well
maintenance, utilities, etc.) are required to be shown on the exemption plat.
J School Impact Fees: Prior to the approval of the final plat, the applicant will be
required to pay the applicable school site acquisition fee, as adopted by the County,
for each newly created lot.
V. STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of the Garfield County Subdivision
Resolution of 1984 a.a. Section 8:00, Exemption.
VI. RECOMMENDATION: e 4"' o
Staff recommends APPROVAL of this application with" the following conditions:
1. That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval;
Page 7 of 10
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. That the applicant shall have 120 days (until 7/19/01) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption;
4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. That the applicant shall comply with the recommendations of the Garfield County
Engineering Department as listed in their memo to Kit Lyon dated 2/26/01 prior to final
approval of the exemption plat.
7 That the applicant shall retain a qualified professional engineer to identify a building
envelope on the plat, at least one acre in size, which lies outside the required live stream
setback ("greenbelt" area), identified wetlands area, areas of 40% or greater slope, and 100
yr. floodplain area. If the building envelope must occupy the floodplain, the applicant shall
obtain a floodplain special use permit prior to final approval of the exemption.
8. The applicant shall provide an easement or reservation for the greenbelt area for private use
by deed restriction, and include the following plat note: "The area identified as greenbelt
on this plat shall be retained in an open or unimproved condition, except for agriculture, for
the placement of landscape materials, including trees, shrubs and grasses and structures
limited to foot paths, bridges, irrigation structures, erosion protection devices and
underground utilities. Ownership of such land shall be private with an easement or
reservation for greenbelt use by deed restriction. Designation of greenbelt does not imply
provision for access by the public.".
9. The applicant shall identify the slopes that exist on the property. If a building envelope
smaller than one (1) acre is proposed, the specific provisions of section 5.04.02 of the
Zoning Resolution shall be met prior to any finalization of an exemption plat.
10. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional
Registered Engineer within the State of Colorado.
11. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and
adequate source of domestic water for each lot created and will demonstrate that all water
supplies will meet the following:
a) That a four (4) hour pump test be performed on the well to be used;
Page 8 of 10
b) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d) A written opinion of the person conducting the well test that this well should be adequate
to supply water to the number of proposed lots;
e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f) If the well is to be shared, a legal well sharing agreement which discusses all easements
and costs associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made for these costs will
be filed with the exemption plat;
g) The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
h) An off-site legal well agreement which guarantees access to the well for maintenance
purposes shall be submitted and the exemption plat shall identify the location of the
maintenance easement and off-site well. The easement needs to come into existence
prior to the creation of the lots. Also, a legal entity must be created to hold the easement
(such as an unincorporated homeowner's association) prior to finalization of the
exemption.
12. That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances".
"All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries".
"No further divisions by exemption from the rules of Subdivision shall be allowed."
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
"Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells of
Garfield County's agricultural operations as a normal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All must be prepared to
Page 9 of 10
encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one
or more of which may naturally occur as a part of a legal and non -negligent agricultural
operations."
"All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and landowners
are encouraged to learn about these rights and responsibilities and act as good neighbors and
citizens of the County. A good introductory source for such information is "A Guide to
Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension
Office in Garfield County."
Page 10 of 10
• •
Garfield County
Engineering Department
To: Garfield County Building & Planning Dept.
Attn.: Kit Lyon
Date: Monday, February 26, 2001
Project: Weinreis Exemption Application
Re: Engineering review of the sketch plan submittal, dated December 27, 2000
Kit,
I have reviewed the above mentioned application submittal and have the following comments.
1) Plat review comments:
a) The plat should show both the overall parcel and the exemption parcel. In addition all legal, linework, and labels pertaining to both
parcels should be shown. The information should be shown in a manner to differentiate existing and proposed information.
b) The plat should show legal description, linework and labeling for the 36 acres used to permit the exempt well per application number
224729.
c) The parcel numbers located on exhibit five should be shown on the plat in addition to the parcel owners information.
d) The laboratory report number 5392 from grand junction laboratories dated 12/1/2000 appears to have tested for only coliform bacteria.
Before final approval, I would recommend a test for an overall water quality is performed.
e) I recommend that the following notes be added to the exemption plat document:
i) The exempt well permit number 224729 is the only approved exempt well within a 36 acre tract that the exemption parcel
is also located within. To obtain future well permits within this described 36 -acre tract the applicant shall contact the
Colorado Division of Water Resources.
ii) The exempt well permitted for this property shall be subject to all conditions associated with the Colorado Division of Water
Resources well permit number 224729. A condition of the permit is that the exempt well wit flow at a maximum of 15
gallons per minute.
iii) A licensed Structural Engineer in the state of Colorado shall approve the foundation design for all structures needing a
certificate of occupancy.
iv) The ISDS (individual sewage disposal system) shall not be of the evaporative type. The design shall be in accordance with
Garfield County rules and regulations and approved by a licensed engineer in the state of Colorado.
2) I recommend the applicant supply a topographic map showing the following information due to the
special conditions related to this parcel.
i) The following information should appear on the exemption parcel topographic map.
(1) A scale of 1"=60' to match the scale of the submitted exemption plat.
(2) Topographic contours related to the exemption parcel. A USGS map in the background is acceptable.
(3) The limits of 100 yr. floodplain, floodway.
(4) Proposed building setback lines.
(5) Public rights of way access design. This design should include but not be limited to the existing and proposed storm
drainage improvements, existing and proposed utilities, existing right of way, and existing and proposed easements.
(6) The surveyed location of the permitted exempt well within the parcel.
(7) Limits of wetlands.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
Jeff T Nelson
Assistant County Engineer
C Randy Withee, County Engineer
Page 1 of 1
109 8`" Street, suite 100-c, Glenwood Springs, CO. 81601-3360, 945-1377 ext. 1100
Www.garfield-county.com, jnelson(a)aarfield-county.com
C:\Projects\weinreis exemption\review-01.doc
R €E v
2001
• •
GARFIILD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: January 26, 2001
Comments Due: February 26, 2001
Name of application: Weinreis Subdivision Exemption Sketch Plan
Sent to: Town of Silt
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by 2/26/01. This form may be used for your
response, or you may attach your own additional sheets as necessary. Written comments
may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Kit Lyon
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 970-945-8212
E-mail: "garcopin@rof.net
General comments: The Town of Silt Planning Commission reviewed this application at
their February 6, regular meeting and had the following comments:
The Weinreis Subdivision Exemption Sketch Plan describes property located just outside
the Town's urban growth boundary, and therefore the Town has no comment. In fact, the
Town agrees that this application is appropriate due to the physical separation the road
creates for the property owner.
Although this subdivision may not entail more than one dwelling unit, the Town of Silt
would once again like to encourage the County to incorporate a requirement of central
water and central sewer facilities for subdivisions that have ten units or more.
Thank you for the opportunity to review this project.
Sincerely,
Janet G. Steinbach
Town Planner
ktiv\ro s
ECEIVED DEC 2 8 2000
STUVER & LEMOINE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER TELEPHONE 970-625-1887
FAX 970-625-4448
DANIEL D. LEMOINE
December 27, 2000
Kit Lyon, Senior Planner
Garfield County Building and Planning Dept.
109 - 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Weinreis Exemption Application
Dear Kit:
Submitted herewith you will find the following:
1) well permit, well construction and test report, and pump installation and test report for
well permit number 224729
2) analytical report for water for the well showing 0 coliform bacteria content
3) consent signed by my clients, the Weinreiss'
4) a copy of Burning Mountain Fire Protection District response to request for comment
dated: April 19, 2000.
1 believe the foregoing satisfies the requirements of your letter of March 22, 2000. i ask that you
proceed with scheduling the application for hearing before the Board of County Commissioners.
Very truly yours,
STUVER & LEMO ,�. , P.C.
omas . Stu e
TWS/nb
enclosures
cc: Weinreis
-1 3-
rorm NO. Vrrlt..c Jr 1 nC o i m 1 c CIY<]IIYCGfI
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
LIC
WELL PERMIT NUMBER 2747�9
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 '/4, SW '/ , 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
1"0..."'a
DATE ISSUED APR c� 2 ry l 2000
By
EXPIRATION DATE APR 2 7 2002
-;4654,:.
G
10194
. PUMP INSTALLATION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
For Office Use only
1.
WELL
PERMIT NUMBER g f / 7
2.
OWNER
Mailing
City,
Phone
NAME(S) Wk/r) /'] (-er S , 70,---e. 2
Address 5'v 6-2, (' cra.fl 0 3 V.
)
St. Zip S /7, (i'r Q' / f
(9-7g ) '7 - �- g- y•
3.
WELL LOCATION AS DRILLED: 5-)1/ 1/4 5-14/ 1/4, Sec. 17 Twp. ‘‘,42., Range 7,) VGA
DISTANCES FROM SEC. LINES:
5C L7 ft. from,' Sec. line. and C O ft. from _Sec. line.
FILING(UNIT) .
SUBDIVISION:
STREET
north 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, ❑ Beginning Reading .
6.
TEST DATA: ❑ Check box if Test data
is submitted on Supplemental Form.
1 2-, . -fl
Total
Static
Date
Date
Well Depth 7 CI ,/ : , Time
1_h .
Level oase Rate (GPM)
Measured / V- - A Pumping LvI. 'Fs4911
7.
DISINFECTION:
Type/l2 1 -2t -X Amt. Used
___44
8.
Water
No
Quality analysis available. Yes ❑
9.
Remarks
l C,62e- ,,Z1,12-----
'
4 ' 41-," •
know the contents thereof, and that they are true to my knowledge.
the making of false statements herein constitutes perjury in the second
Phone (24S ) ' l- /// -j Lic. No. -2/
fl---42? •
10.
CONTRACTOR
Mailing
I have
[Pursuant
degree
; -fik,__•
read the sZements made `l'ferein and
to Section 24-4-104 (13)(a) C.R.S.,
and is punishable as a class 1 misdemeanor.]
, 2 J lA4 c c
Address /-144./ /.,',; /--: /,)5'.,,eJi=, ld y -'-‘37Z.,
Na e/TRIe (Please type or print)
Signature•
- t-/:.) ...RC2/
Date
,U1c-��� a?1�tJ
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 a `7,9 9
2.
OWNER
Mailing
City,
Phone
NAME(S) 1-05{ fie h WeJ'i1,-„ ,,4-
Address � cosy Coc.„Ty '73'6
St. Zip S , / T, re/6 5--L2-
'LtPhone
(i70' ) % — 5 .:,2.7
3.
WELL LOCATION AS DRILLED: 1/4 ,5--V1./ 1/4, Sec. /7 Twp. /D y
, Range
OR
9'01 lV .
DISTANCES FROM S C. LI ES:
�' 0 ft. from �u,zy Sec. line. and 2 ft. from -k' Sec. line.
FILING(UNIT)
SUBDIVISION:
STREET
• • ' feast or west
LOT BLOCK
ADDRESS AT WELL LOCATION:
4.
GROUND
DATE
SURFACE ELEVATION ft. DRILLING METHOD 41 _.
COMPLETED t/ _) 6-- n 0 . TOTAL DEPTH )1G1 ft. DEPTH COMPLETED )kl ft.
5. GEOLOGIC LOG:
Depth Description of Material (Type, Size, Color, Water Location)
6. HOLE DIAM. (in.) From (ft) To (ft)
/G (2 )71�
- 12,;7- .1.41,17, -Ai
a 6:Acz t 3/u ” f: ;
7. PLAIN CASING
OD (in) Kind Wall Size From(ft) To(ft)
/2 " 5.72.i_ 1,W (r : d
_-Ji
PERF. CASING:,Screen Slot
11 . J7/ EL /
Size: , S/aT
1,c'" SZ y ZS
8. FILTER PACK:
Material ,him'
9. PACKER
Type
Depth
PLACEMENT:
ATP -
Size
Interval
10. GROUTING RECORD:
Material Amount Density
(-1,1.1c.07(-1,1.1c.07,--REM(-1,1.1c.07,--5i i,i,4 �G`,3/-
Interval Plement
6--(/` 1.2".,s.7).//,‘"
11.
DISINFECTION: Type (4AL-•x
Amt. Used 7 67--
12.
WELL TEST DATA: ❑ Chec box if Test Dat is submitted
on Form No. GWS 39 Supplemental
Well Test.
7 gpm.
TESTING
Static
Pumping
Remarks
METHOD 4 Jr1... ,f i.1_< -7 ---
Level 59.,0 ft. Date/Time measured , Production Rate
level _• 0 ft. Date/Time measured , Test length
(hrs.)
i .
J
•
13. I have
C.R.S.,
CONTRACTOR
Mailing
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)
the makin• , false stat ments herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.]
,r,,," -.."0,4,d �L Phone ( ) Lic. No. .
Addre
Name/Title (Please type or print)
Signature
Date
GRA\
JOHN C. KEPHART & CO.
o JUNCUFJN LA0ATOTh€S
435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
Recieved from:
ANALYTICAL REPORT
Joseph E. Weinreis
5454 County Rd. 346
Silt, CO 81652
5392 water
Customer No. Laboratory No. Sample
Date Received 1'` / 1 / 1>t Date Reported 12/11/00
Sample 5392
MFIM Cr. 1-12 12:00,
Garfield County., private
Total Coliform Bacteria 0 colonies/100m1 sample
Director: B. Bauer
1' Ir-.. 1 1 flmtCLwMICC
TO:
FROM:
ICL �f U OLr-J11L HNr Lr ,uu 11:1b NO.UUb V.U2
REQUEST FOR COMMENT ON
SUBDIVISIONEXEMPTION PETITION
Burning Mountains Fire Protection District
Stuver & George, P.C., Attorneys for Applicant
120 West Third Street, P. 0. Box 907
Rifle, Colorado' 816$0
APPLICANT: Joseph E.`W'einreis and Veld& %Velnrek
Submitted herewith is a copy of the Onifiejd Oouniy guboivision Exemption Petition of the above
applicant afflicting 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 chokCe4j
This property is within the boundaries"ofthe District
The District will provide fire protection service to this property o
The District is owed $ in impact toes fbr 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
L' 4
:n.
iiate: 0 y l
9 -
Your attention to this request is apprecla . Please return completed request to Garfield County
Planning Department, P. O. Box 640, Glenwood Springs, CO 81602, with nopy.+o applicant's
attorney. [Pre -addressed, stamped, envelopes provided:]
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIF!
DANIEL O. LEMOINE
• •
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
March 15, 2000
Garfield County Building and Planning Department
Attn: Kit Lyon
109 - 8th Street
Suite 303
Glenwood Springs, Colorado 81601
Re: Weinreis Request for Exemption
Dear Kit:
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
This is in response to your inquiry concerning the chain of title on the Weinreis property, and is
intended to supplement the Request for Exemption filed on March 8, 2000.
Enclosed herewith you will find a copy of a portion of the Garfield County Assessor's map depicting
the vicinity of the tract to be exempted. I have highlighted in orange the property covered by the
Benzel/Julius deed submitted as Exhibit 3 to the Weinreis Exemption Request. Also, I have
"hatched" a portion of that ownership to depict acreage deeded to Garfield County in 1979,
presumably for airport purposes. I have also shown the book and page by which the remainder of
the property south of County Road 315 was subsequently conveyed.
In any event, I hope you can now see that the tract to be exempted has always been disconnected
from the remainder of the property as owned on January 1, 1973, by County Road 315. For this
reason, I submit that the number of splits occurring north of County Road 315 is irrelevant in
considering the merits of the present Application.
Please give me a call if you need some additional explanation.
Thank you for your attention to this request.
Very truly yours, GA+RFIELD COUNTY s**
PLANNING DEPARTMEN
STUVER & GEORGE PSC. 109 8T ST - 'ATE 303
GLENWOOD SPRINGS, CO 81.00'
TWS/gg
Enclosure
cc: Mr. Joseph Weinreis
--jC
RECEIVED MAR 1 5 2000
1'al�9
�I'3l� p. ��ry
Q.S�
Deeded -to
G4+ ,orD (catty
1
103
0
n �
40
t)/e
2-RD(R-F)
106
328
'`�
—�� o
156 G'
1 0
D' 1
498
P. W N 608 609
P H
;3iLd� 0
d1, MJ(Si 0)1 PARCEL A l L Ic
Gou"`(i
0
b
2
a)
511
19
— II --- I-
520
ELE
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(10Xa)-(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
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).
1
d. Copy of letter to Burning Mountains Fire Protection District (Exhibit 7).
e. Three Hundred Dollar ($300.00) application fee.
I
f. Exemption Plat.
1 9. School impact fees as provided by regulation will be paid upon approval of final
exemption plat.
1 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.
1
SIGNED this e'e7 day of /1/7a-1 , 2000.
Thomas W. Stuver
Attorney for the Petitioners
I STUVER & GEORGE, P.C.
120 West Third Street
P.O. Box 907
1 Rifle, Colorado 81650
(970) 625-1887
1
1
1
1
Rc•;etym a
Rccgrti.m Noo ' 1 j f
TIIIS DEED. Made this
hI
MAY 2 6 1994
WARRANTY DEED
26TH day 01 May
49 94 . between TOM RUSSELL O'BRIEN
of the
• cooly of Garfield
_ Recorder.
and slate of
Coftadu. gmm.n, and JOSEPH E. WEINREIS AND VELMA WEINREIS
AS JOINT TENANTS
whose kgal a.Mress is 5454 County Road 346, Silt
enna0903 802
MAY 2 6 1994
GAkr. _.....
State Doc. Fee
S_• i`1:
DOC FEE $9.48
of the County of Garfield and Stare of Colorado. grantee:
wirNESSE'TII. That the grantor fon and in consideration of the wren of Ten Dollars (S10.00) and other good
and valuable consideration ---------------- .1x111-3sits
the receipt and sufficiency of which is hereby acknowledged. has granted. bargained. mid and ermsev.d, and by these presents does grant. hargam. oil.
convey and confirm. unto the grantee. his heirs and:nsigns forever. all the nal property Iotwthtr w id, mgmnenents. if any. situate. Iy rex and hang in the
County of Garfield and Stale of Colorado described :Ps k'IIo.,:
That real property described in Exhibit A attached hereto and incorporated
herein by this reference.
am known to street and number as'
TOGETI I ER with all and singular the heredirutenos and appurtenances thereto belonging. or in stns Ise appertaining. and the nerston and
reversions. remainder and remainder. rents. issues and pnolim d.cn .t. and all the estare. nghr. od, interest. claim and demand whalv.esrr of the
grantor. either in paw or equity. of. in and to the above bargained pranisss. a iIh the hereditament. aid apptertenances.
TO I[AVE AND TO HOLD the said premises above bargained and described. with die appurtenances. unto the grantee. his heirs and assigns
forever. And the grantor. lin himself. hi. heirs. and personal representarn e...fes covenant. grant. hargat, and agree to and with the grantee. his heirs and
assigns. that at the time of the ensealing and delivery of these presents. he Is well wind u(the• premises alone ao r ngcd. has ped. sure. prrect. absolute
and indefeasible estate of inheritance. in paw. in fee simple. and has good right. full power and In. ful aulho.rit7 h0 grant. bargain. sell and comes- the sane
in manner and form an aforesaid. and that the sane are free and clear (non all (tiller and .nhcr grants. bargains. sties. liens. lases. assessnem7,
encumbrances and avricli.ns of wh:ttaer kind or mown snever. except subject to the 1994 general property
taxes, patent reservations, restrictions, easements and rights-of-way of record.
to
O
CY
The grantor shall and will WARRANT AND FOREVER DEFEND the aMn e•haremned premises in Mesmer and reaccahk possession of the grantee.
his heirs and assigns. against all and even person of persons lawfully claiming the w hole or any part thenal.. he smgul.sr number shall include the plural.
the plural the singular. and the use of any gentler shall he applicable ho all genders.
IN 1e ITNESS 11 IIERF.OF. the grant has executed rhos deed on the dale set forth alone.
2;;71
TOM RUSSELL O'BRIEN
SLATE OF COI.ORArx)
County"t Garfield
The foregoing inatmn.ent was ads m.w!edged before me Ibis
by TOM RUSSELL O'BRIEN.
fly Ai0Yyf .:14.4y 17 • I'195
CINDY
HUGHES
'If to 1 ls_ Of'rCO.
21+ day of May
Firers n s hand and .lhs tal seal
.1'494 .
C�►��1.�Ltc—
Nano ant AJJmr..1 Verson (mann, Neth l teats lout I.ewnnu n II iL 17.IM 7. r' P 11
No. 9.12A. Rrv.7.74. wARRANTr rwr.n lr.r no.u.groos...ru Re Curn to: Joseph Weinreis
nrad(nd rahl..hinr. 1114 aa,re tl.. Ormrr. bo $o:m: - 5464: COUNTY' ROAD 346
STI.T, CO 81652
D'
1
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
EXHIBIT A TO WARRANTY DEED
parcel A
a 0,.0903 ;V:;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.
1
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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
Water Well Permit Application
Must be completed in black ink or typed
IICvicW IIIJuut.UV.... p. .v. av ..v...,..v...,, .......
1. APPLICANT INFORMATION
6. USE OF WELL (check appropriate entry or entries)
Name of applicant
Joseph E. and Velma Weinreis
® 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
Cit
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
0 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
SW 1 /4
Quarter
SW 1 /4
9. PROPOSED WELL DRILLER (optional)
Name
to be determined
License number
Section
17
Township N or S
6 ❑ [3
Range E or W
92 ❑ El
Principal Meridian
6th
10. SIGNATURE of applicant(s) or authorized agent
Distance of well from section lines
500 ft. from • N S 50 ft. from • E 0 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 anginal nature
./4i��.e' ,,,_�,y�-....'"
'112
A.
ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT
• Development
Name
Me -Date
Joseph E. Weinreis, Applicant
-2- k.'g "'Tv
Office Use Only
DWR Map No.
DIV
Lot no. Unit #
A 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
EXHIBIT
Form GWS -50 (12/95)
1
brit q, 194
Sock 401.
a.r.nm x. 243127 [hast s E...Ea^._ Page •45
Tan Daco„ 'wank 7th
te Se.* et a L.4 r Wermi>,1r W ed
Mem*
ALEZ BENZII.
u
Sixty—nine
•
atta. C.etael
wed ads et Cele**,dta.- seaman[
ANDREW JULIUS and BEVERLY .JULtps
Garf ie Ld
Rat inconvir at
- 19
$.00
Wale del Garfield
ma asw of CNSed., tt t. err • p.tt •
.717t1asSm7! 77.m Se M feat y 1 sr fire tmrl Jar cad t• of fie *not
Ten Dollars and other valuable considerations SOLO=
w W W port y .4 w that pat ho Ira V.M y t►. mad WS. 1 H. mss Irl tw .scot vammt
te.* ..flee.4 ud •at•••t•df.d. L 1 some* /roV.0 W ..d a..m7..1 d y Hr payee de N
Oof. wts,s, mq em..7 ud a.amm mama the my paw... mi. dr,_ hobs arl.. faw.er, ar
IN emu. ...as was l..4 *sq. .a H. 1.1.****11.1 Ir• [mart a .t Ir4 •`a. barn
.1 balm 11. C.my et Garfield
Garcass 1...111r neem 1
W1,SWk, SWkswl1, Section 17: SW13811 StdQJs. EtySEC Section 16, Tp. 6
S., R. 92 W., 6th P.M., containing 320 acres, more or less.
Together with 2000 shares of the capital stock of the New Multa—
Trina Ditch Co. There is also hereby conveyed an oases..at fru stock
driveway from the public highway to the public domain over and acrost
the S46p; and Lot 1 in Section 1, T. 6 3., R. 90 W. of the 6th P.M.
andthew4sEk and 8FJtsw3/4 of Section 33 in Tp. S 6., R. 69 W. of the
6th P.M. at a paint as described in warranty deed recorded in the
Garfield County records in Book 221 at Page 149. Together with
any grazing rights and privileges as granted by the Bureau of Land
Management upon the public domain including those granted adjacent
to the 0. S. Forest permit area on Storm Ring North of Glenwood
Springs, Colorado.
Except prior mineral reservations of record and subject to
easements and rights of way situate and in place.•-
7OGa7'Ila . *k J and brei[ re ioredwamr dr..•ta ww.et e, a. r aw*
•eMt•�f. W So ....safe mud .••r.ba ..�wdr W r.m.hodrR .uH hum *tad luta. Hammet n.s
.1 11. ma. . tyil. uW. btwm.. et.le .ad !ted et H• ..M sees y .t He twee tial tmaa A
W air .eat, *JR W w the 44.. I..e.t.41 powlsm..aa tw r ete..t...me►
71t. ml e..a.,-, .atr.w ars +.m... -- _ fir+ate....-eremuSwams...-
--a�
-
-
EXHIBIT t
. • Book 401 Page 46 •
TO un AND TO E0UDdhe add *.ria. .haat hreer.d d der,Y.{ rah Y eardir_, tor Do
err peau at Y mrd wet that her d radar t..rr d the Nth pry. et Y Yee or - •
his .r 1; hie and awe ierarr, d..e r• ewe - arra d www r'
art •ttb Y mil were et Y err pert Dar her W asap., that at the Or 1 Y eem4 d dere,
et term errr he ie .e0 real of the rarer arm error r al rate mem s.mrt..rart
.. rdeteedie err et rhrlree Y leer, r e aerie, d Y • dal rapt tan peer d bre' arhe12.
r put latter eel d awry Y moth Y area• d tart arena. d Yat Y e. ea tree d rm bra
ell trete d air prim, roar. weeh tier tor, .a..srm d Yates al wrawae Wal ee erre.
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n OCT 2 61979
Reeoraed at O'clook A r•
Reception No 99979 Y31dredAlsdorf, Recorder
WARRANTY DEED
BON 538 rg{ 5 4
OCT 261979.
STslI izain un FB
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 Sri 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 1/4 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 Mame 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
rights 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.M. 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.H. 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 �'�
L
D9'JX 538 raa525
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 wa
restrictive covenants of record, reservations contained with
the United States patents to the subject property,
reservation of all minerals, as disclosed by deed
220, page 108, Garfield County records.
Signed October 24, 1979.
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD)
and a pri
recorded Bo
The foregoing was subscribed and sworn to before
October 24, 1979, by Andrew Julius and Beverly Julius.
.40-etmyhand and official
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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**
IXNIBIT ��
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(Joins sheet 17)
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Base maps are
If Interior, Geolog-
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led.
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4 000
3 000
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Scale - 1:24000
RIFLE AREA, COLORADO NO. 10
EXHIBIT
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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 soil is in capability subclass Vlls, irrigated and
nonirrigated.
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 - 625-4448
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.
THOMA8Vi MIS
Thomas W. Stuver
TWS/gg
Enclosures
EXHIBIT
TAKE NOTICE that Joseph and Velma Weinreis have applied to the Board of County
Commissioners, Garfield County, State of Colorado, for a subdivision exemption in connection
with the following described property situated in the County of Garfield, State of Colorado; to -
wit:
Legal Description: The West Z SW 4 and the SWNW 4, Section 17, Township 6 South,
Range 93 West of the 6th P.M., Garfield County Colorado
Practical Description: 5454 County Road 346, and along County Road 315, Silt, Colorado
Said exemption from the rules of subdivision will create two (2) tracts of land from a one
hundred twenty (120)+/- acre parent tract. The two (2) tracts of land created will be about nine
(9) and one hundred eleven (111) acres in size, more or less.
All persons affected by the proposed subdivision exemption are invited to appear and state their
views, endorsements or objections. If you cannot appear personally at such meeting, then you
are urged to state your views by letter, as the Board of County Commissioners will give
consideration to the comments of surrounding property owners and others affected in deciding
whether to grant or deny the request for the subdivision exemption. This subdivision exemption
application may be reviewed at the office of the Planning Department located at 109 8th Street,
Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30
a.m. and 5:00 p.m., Monday through Friday.
The public meeting on the application for the subdivision exemption request has been set for the
19th day of March, 2001, at 10:30 a.m., at the office of the Board of County Commissioners,
Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
• •
CERTIFICATE OF MAILING
I hereby certify that on February 21, 2001, I mailed a true and correct copy of the attached
NOTICE, by placing the same, postage paid, certified mail, return receipt requested, in the U.S.
Mail at Rifle, Colorado, addressed to the following:
Ralph & Sonja Fritzlan
4941 County Road 346
Silt, CO 81652
S. Duff & Darlene J. Nicola
5111 County Road 346
Silt, CO 81652
Gary E. Tillotson
P.O. Box 1801
Glenwood Springs, CO 81602
Robert & Charman Graham
5201 County Road 346
Silt, CO 81652
Scott & Linda Brynildson
1831 Railroad Ave.
Rifle, CO 81650
• •
CERTIFICATE OF MAILING
I hereby certify that on February 26, 2001, I mailed a true and correct copy of the attached
NOTICE, by placing the same, postage paid, certified mail, return receipt requested, in the U.S. Mail
at Rifle, Colorado, addressed to the following:
Mr. Gary E. Tillotson
5151 Co. Rd. 346
Silt, CO 81652
1.