HomeMy WebLinkAbout1.0 ApplicationBEFOITE TFIE BOT\RD OF COLNTY COIVIIVIISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEIVTPTIoN
Pulsuant to C.R.S. (1973) Section 3-28-t0t (to) (a) - (d) as amended, and the
Subdivision Regulations of Garfielcl Counfy, Colorado, aclopted April 23, 1984 Section
2'.20.49, the undersi,e-ned Donna Tassada respecffully
petitions the Board of County Cornmissioners of Garfield County, Colorado, to eiempt by
Resolutioir tlie division of approx. 65 acre nact of land inls ttrree (3)
h'acts of approximately 151 20. and 3o apFro-- acles each, more or less, fr-om the
definitions of "subdivision" and "subdivided iand" as the terms are used and defined ur
C.R.S. (1973) Section 30-28-l0l (i0) (a) - (d) and the Gar{leld County Subdivision
Regrilations for the reasons stated beiow:
In keeping with the agricultural use of the property, petitioner will be
listing her property and this will help 1n
but with the size of the rcels
remaIn.
the marketability
the rural feel of
of the property,
the L
S LiB N,iITT.{L REQL IRENIENTS :
.{n applicarion rvhich satisfied the review criteria must be subrnitted with all the follorvinrr
infbrmation:
.\. Sksrch lnap at a ltririm'.::n scatc of l"=200' shorvirs rire legal description of rire
propelTr'. dirnension and alea of all lots or separxte interests to be created.' access to a public right-ot-r,vav. and anv proposed easernents fol drainase.
irli_rrarion. accr.ss or. utilities: andB' \"iciltin Inap at a tnjnilnun scele of I"=2000' shou,ing the general topog:-aphic
and -seost'aphic rc'latiort of the proposed exerrption to the surloundins area*'itltin rw'o (l) rniles. tbr rvhich a copv of L'.S.G.S. quadransle nrap ,ria-r- be
used: and
C Copl'ol rhe deed slio,,vitt-q o\.vnerslirp by'tlie appliclrnt. or a lerter tl.or1 tlre"
propem' o,,vner'(s) if other than tlit-' applicant: aird
Natnes and addresses of orvners of record of lancl imrnediately adjoining andwithirl l()0 feet of the proposed exernption. rninc-ral o\.vners and lessees of
ttrinerals o\\,rers of record of the properw to be exempted. and tenants of anv
st-r-Ilcture proposed tbr conversion: and
Evidence of the soil types and characteristics ol. each Npe; and
Proof of le-cal and adequate soul'ce of clontestic watei fbr each lot created.
rnetltod olsetvase disposal. artd lener of approvll of firc protection plan fi.or-p
appropriate fir'e disn'ict: and
IIconnecrion to a commutiiN orrnunicipal r,vater or sewer systern is proposed.
a lencr tl'oni the governinu bocilz stating a willinuness to serve: and
Nan'ati'e explaining \.vhv e\ernption is being requested: and
E.
F
FI
D
C.
l,1973
created
J.
Petitioner Donna Tassada
P.O. Box 3291
Ivlailing Address
Glenwood Springs. CO 81602
City
625-4604
Telephone Number'
EXEiVTPTION
,\PPLICABILITY
The Boald of Counn' Conuriissioners has the discretionary power to exempt a divisiol of
land fi'onr the defurinon of subdivision ancl rhereil.r- ti.ont the pr.oceciure in these Regulations.
plov'idc'd the Board cieiemiines rirar sucir exe:rption will nor irnpa.ir or defeat tire stated
pLr:?ose of tlie Subdivision Regulanons nor be deuunental to the -seneral public rveitare. The
Board shall rnake exernption decisions in accordance rvith the requirements of these
resulatiorts. Follou'in-'.t a t'evierv of tlie individual tacts of elch application in lighr of the
requirenlents of tltese Re,culations. tire Board mav approve. condirionalll, approve or den,u-
all e\L'mption. An application for exentption rriust satisfv'. at.a rninirnLlrn. all of the review'
criteria listed belo*,. Cornpliatrce r.vith the revier.v crireria. horvever. does nor enslrre
e\erllption. TIie Board also mav consider additional thctors listed in Section 8:60 of the
Subdivision Re'rularions.
.\. No tnore tltaii a total o1' tour (-l) lots. parcels. interesrs or dwellin_q units wiil be
created tl'orn iin.,' parcel. as tllat parcel r,vas described in the records of the Gardelci
Countl,'Clerk artd Recorder's Office on Januarlu l. I973. in ordr-r to qualily for
exemption. the parcel as it existed on January t. f q;:. must iiave been 35 acres or.
greater in size at titat tirne and not a part of a recordeci subciivision: however. any
parcel to be divided by exemption that is split by a public right-of-way (State of
Federal hi-r-ihrvav. Counw road or railroaci). prevenrin_u joint use of the proposeci n.acts.
and the division occLu's alons the public ri-ght-ot'-rvay. such parcels thereby created
tnn,v". at the discretiort of the Board. not be consiclcred to have been created by
exemptiorl rvitlt resard to the four (-l) lot. parcel. interest or clwellin_u unit lintitation
otlierrvise applicable. For the purposes of detlnition. nli tra*s of land 35 acres or
greater in sizc'. cre'.tted irfter.lanuitrv l. 1973 will coultt irs parcels of land created by
c\L'ntption sirice Jirnuarv l. 197i.
it shall be dernonstlated
or the parcel as it exists
floni a largel parcel as
r\ $300.00 fee must be
that tire parcel existed as describecl on Janualy
preserttly is one of not lnore than tlu'ee parcels
it existed on January l, 1973.
subrnined with the application.
+- z- _,t- -.\)';j.t, xlrr^ ' ,,rl .,_.t_zl ./_rr*
State
TSNDOWNERS: petition of D<emprion of Donna Tassada
Daniel and Jo Ann Ooley
9418 County Road 320RifLe, CO 81650
Ann Kathleen and Janet ,Jaye JotursonTrustee of the Johnson 1994 Living1160 S. Monaco pkw),, Apt ZDenver, CO B0ZZ4-lB3g
Bob and Genevie E. Hooker
8902 County Road 320Rifle, CO 81650
David M. and Arura R. ,Iohnson
2720 nait AvenueRifle, CO 81650-3139
Earnest E. & Donna ,f. HardyAttn: Martha Murray
9460 Cor:nty Road 320Rifle, CO 81650
T. E. McClintock TrustAttn: Colorado National Bank of DenverP.O. Box 5168Denverr CO 80217-5168
Estate of l,Iac Wheelerc/o Kevin WheeLer
5553 Tamlin Road
Colorado Springsr. CO BOg15
32
S5-Potts loam, 3 to 6 percent slopes. This deep,
well drained, moderately sloping soil is on mesas, bench-es, and sides of valleys. Elevaiion ranges from 6,000 to7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-perature is about 46 degrees F, and the average frost_free period is about 120 days.
Typically, the surface layer is brown loam about 4inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Olney, Kim, and lldefonso soils thaihave slopes of 3 to6 percent. These areas make up 1O to 15 percent of the
map unit.
. fgrmelOllity is moderate, and availabte water capacityis high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder_
ate.
This soil is used mainly for irrigated crops and hay andfor dryland farming (fig. 1O). Rttatfa, small grains, andgrass-legume hay are grown. Small areas are used for
grazing.
These soils are usually irrigated by flooding. Drop
structures .in irrigation ditches, grassed waterwa-ys, and
minimum tillage prevent serious erosion. lrrigation water
should be carefully managed to avoid piping ind erosion.
Cove.r crops or stubble mulching atso nel[ to limit ero_
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat_grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira_ble weeds and annual plants are numerous. properly
managing grazing maintains and improves range cbnOition. Reducing brush improves the range. Se6Oing i;_proves range in poor condition. Crested wheat{rass,
western wheatgrass, and Russian wildrye are suitadle foi
seed.ing. Preparing a seedbed and driiling the seed aregood practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
. Community development and recreation are limited bylow. strength and the .shrink-swell potential. Dwellingi
and roads can be designed to overcome these limiti_tions. Community sewage systems will be needed if thepopulation density increases.
...This soil is in capability subclasses llle, irrigated, andlVe, nonirrigated.
(plnotts. toam, 6 to 12 percent stopes. This deep,
wEll- drained, moderately sloping to roiling soil is on
mesas, benches, and sides of valleys. Elevltion rangesfrom 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The averageannual precipitation is about 14 inches, the averale
annual air temperature is about 46 degrees F, and the
average frost-free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Kim, Olney, and lldefonso soils thai have slopes of 6 to12 percent. These areas make up 10 to 15 percent ofthe map unit.
. fgrme$ility is moderate, and available water capacityis high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help toprevent excessive erosion.
The native vegetation on this soil is mainly whea!
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-ble weeds and annual plants are numerous. properly
managing grazing improves and maintains range cbnOi-
tion. Reducing brush improves range. SeedingImproves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for seed_
ing. Preparing a seedbed and drilling the seed are good
practices.
. Community development and recreation are limited bylow strength, shrink-swell potential, and slope. Dwellingi
and roads can be designed to overcome these limiti_tions. Community sewage systems will be needed if thepopulation density increases.
This soil is in capability subclass lVe, irrigated and
nonirrigated.
S7-Potts-lldefonso complex, g to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000to 6,500 feet. The Potts soil formed in ailuvium derivedfrom sandstone, shale, or basalt. The lldefonso soilformed in very strongly calcareous, basaltic alluvium andsmall amounts of eolian material. The average annualprecipitation is about 14 inches, the average annual airtemperature is about 46 degrees F, and the averagefrost-free period is about 120 days.
The Potts soil makes up about 60 percent of the mapunit, and the lldefonso soils makes up about 30 perceni.
The Potts soil is on slighily concave positions, and thelldefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, thesurface layer is brown loam about 4 inches thick. Tne
subsoil is reddish brown clay loam about 24 inches thick.The substratum is pinkish white loam that extends to adepth of 60 inches.
SOIL SURVEY
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P.O. BOX 190L, RTFLB, co BL65o
County of cARIFLED
0rl0l( '790 llCf 59 /
GARi:IELD
8,91,3. !9s
$ /D€9-
-___
Rcccption No.
WARRANTY DEED
1st dayo[ OCTOBER
of thc ' County of
Colorado, grantor, and
MAX J. WHEELER AND DONNA D. WHEELER
AS J0tNT TENANTS, UITIt FULL RIGITS OF SURVIVORSHIp,
TI'IIS DfiED, NIacJc this
19 99 bctrvecn
PIERCE MANGURIAN
whose lcgal addrcss is
of the
and Statc of
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WIINLSSEII I, That thc grantor for an<J in consi<Jcration o[ thc sum of
and Statc of Colorado, grantcc:
***ONE HUNDRED THOUSANO AND NO/100*** DOLL_A,RS,tho
'eceipl
and sulficiency ol vrhich is hereby acknowledged, has granled. bargained, sold and conveyed, and by these presents does granl. bargain, sell,convey 8nd confitm' unlo the gr8nlce. his hoirs and assigns forevor. all rhe real propeny togcthor vrith improvemenrs, i, any. siruaro, lying and being in rheCounlyol GARFIELD Bnd Sralc ol Colorado doscribed as lollows:
SEE EXHIBIT ''AI' ATTACHED HERETO
AND MADE A PART HEREOF
as kno\rn by slreel and number as:vAcANT LAND, RIFLE/ co
ToGETHEB with all and singular tho hereditaments and sppurlenances lhcrero beronging, or in anyruisc apperlaining, and tho ,eversion andreversions' remaindet and romainders, ronts, issues and prolits theroof, and all lho osl.rto, right, litle, intcrosl, claim and demand wh.lsoovcr of lhograntor' either in law or equily, of, in. and to the above bargained premises, with lhe heredilamenls and appurlenances.To HAVE AND To HoLo the said promises above bargained and described, v/ith the appurtenances, unto rhe granlee, his heirs and assignsforever' And the grantor' lor himself. his heirs, and personal representativos, does covenant, granl, bargain, ond agree to and with tho grantee, his heirs andassigns' lhat Bl lhe lime of lhe ensealing and delivery of these presenls, he is vrell seizcd of the premises above conveyed, has good, sure, perfoct, absoluleand indeleasible eslale of in herilance, in law, in fee simplc, and has good righr, full povror and lavdul aurhoriry lo grant, bargain, sell and convey the samein mannct and form as alotasaid' and lhal lhe same are free and cloar from all formor and orher granrs, ba,gains, sales. liens, taxcs assessments,oncumbrances and ,estriclions ol whalevcr kind or nalure soever, except
see Exh'ibr't "8" attached hereto and formi ng a part hereof
The granlot shall and rvill wABRANT AND FoREVER DEFEND lhe above'bargained premises in the quiet and pesceable possession of rhe granree,
I:::: :::j:::::'"11"]::t :'l::o "*, lers:n
or persons ravrurv craimins rhe whoro or any parr rhercor. rhe sinsurar numbor shar incrude rhe pru,arths plural lhe singular, and lho uso of any gender shall be applicablo to all genders.
SIATE OF COLORADO
Counry of GARFIELD
1)rc forcgoing instrumcnt was acknorvlc<Jgcd bcforc mc thisby PTERCE MANGURTAN
Mycommission cxpncs ee / )j / ) a
dayof OCTOBER
400 7th Street South Suite 1OOORifle, Co. BL65O
19
*.$fil.itp,ip,.j ./ RosE '.,. i::. rARrr :l
iEu,or.o#
ITNESS , lho granlor has executod lhis decd on tho dalo sot ,orth above.
Witncss nry hand an<J official scal.
Lst 90
ly,4
tlrrilK '79O prcfi 60EXHIBIT ilA''
A parcel of land situated in the El-l2sF'L/4 of section L9, thevlL/2swL/4 of section 20 and the NE1/4N81/4 of'section 30, Township 6south, Range 93 west of the 6th p.M., county of Garfierd, iiiie otcolorado, said parcer being more particul.riy described as follows:
commencing at a point on the northerly right of way of county Road,No ' 3L7 , whence the southwest .orn". -of
=ii-a secii"n 20 bears North78o34' 53 r' East l-340.72 f eet; thence North oo"oo ,371. East along thewesterry 1r"9 ?I said NE1/4N81/ 4 of Section 30 and the westerly lineof .:uig 81,/.25Ej"/4 of section L9, 275.34 feet to a point on thenortherry right of Yay o! county i.oad tto. 32o i thence continuingalong the westerly line of saj-d F.L/2sE1/4 North ooooo ,37t. East23L4'57 feetr' thence leaving said westerly l-ine South ggo52'L4il Eastt3L3'72 feet to a point on the easterly line of said EL/2snl1+;thence North ooooo'oo'r East along said easterly line 326.oo feet tothe East Quarter corner of sai6 section :-,9; thence south g9o55 t44tlEast along the East-west centerline of said section 20, L3i-0.54 feetto the west center L/16 corner of said section 2oi thence south00o09t34tt west along the Easterly line of the-it1zswt1+ of saidsectj'on 20, l-3L9-86 feet to a point on the northerly rigfit oi-way orsSid county Road. No . 320 ; thencl south 58 o 3 4, 27 'r inlest along saidright of way 88-26 feet; thence continuir,g uio.,g said right of waysouth 59o20t 06r' west 4o7 .20 feet; thence continuing along said. rightof way south 59015,30,, west 3gB.2i teet; thence coni.inui;;;i;;g saiaright of way south 5go22' 42" west sa6.77 f eet; thence continuj-ngalong said right of.way south 59ot-9 t 5gn west 553.53 feet; thencecontinuing along ?1id rignt of way south 59054,03'r west 543.L5 feet;thence leaving said righi of way -south 54o4tt44il west t-08.61- feet tothe point of intersection of the southerly right of way of countyRoad No' 32o and the Northwesterly right of way of county Road No.31,7; thence south sso]2t52, wesl a15ng said iortnwesterllz right ofway 3Bl-'83 feet to a point on the westerly rine of the NEi/aNir74 ofsaid section 30, the pbrmT oF BEGTNNTNG.
EXCEPTTNG an:- *]}"-yllg described counry Road No. 32o right of waysituated in the NEL/4NE1f4 of said section :0,-.nA-tn" Et/2s81/ 4 ofsaid section 19, said right of way being more particularly describedas follows:
commencing at a point on the westerry line of said NEt-/ 4NEL/ 4 t whencethe Northeast corner of said section 30 bears North 7go34t53rr East1'340.72 feetr' thence North ooooor3Tr' East along saj-d westerly line214'32 feet to a point on the southerly right-or wiy of said countyroad No' 320, the PoINT 9I BEGINNING; thence contiiuing afong saiawesterly line North ooooot3Tr' East at.oz feet to a point on thenortherly right_ of w?y of said county Road No. 3zo thence south89 o 3 8 ' l8rr East along sa j-d northerly right of way L9z .25 f eet r. thencecontinuing along saia northerly ri-qnt -or way North 88ol-3 ,54n East2L0-o4 feet; thence leaving =.ia northerly right of way south54o4lt44'west 108.61- feet to a point on the s-outrreily right of wayof said county Road No. 32o; thence south BBo13 r54n west along si
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;
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; ; i, . t;: i..:t""; ;, :B;.i::i"r""H:,diii rfu4OF BEGINNING.
TOGETHER wrrH the.folrowing described water and water rights,and Ditch rights of way; title to wrricn is Nor inc]udedwarranties contai_ned herein:
An undivided Lr/BOths interest in the Taughenbaugh Ditchenlargements and lateraLs Nos. L and ZI to_wit:
Ditches
in the
and its
Original
l-
2
AdjudicationTotal Amount Date
1.50 c.f.s. 5/S/BB
B.s c.f .s. s/s/sg
L.2 c.f.s. 2/24/oz
Appropriation
Date
7/28/85
3 /3 /87
e/LL/oL
Property
Share
.20 c.f .s.
1,.L7 c.f.s.
.L6 c.f.s.
\
General taxes and assessnents forAny lien o" ghlTge on account ofan iuprovement aiJi.i"a]"",
EXHIBTT !rB''
the year L99O
the inclusi.on
Buor( '2t}O rAC,E 6j-
and subseguent years.
of subject property in
iiililt;l "iii..!i!Ii']ff: or a vein or-rode to extracr and remove hisprenises herery g"iiiua,"'^t same be found-to-pui"iiii"
_o" intersect thecons tructed-by' .il-".1Iil;"::ll"S" Ii3n.u;f.Xii S:I^ii."n.,
-;;-ffi;rs
asunited srates pateniluli"aia_i."-rf, iro, i. s"oi-;e "i;r;ijiry:" inRight of wav
lfiFl ;;iii"
I, t :H:;; i;f "iii:. ;'r::rls.;:. tr. .t:. :|:t;",;L :r .t :Reservation of one_ha1fi3::"*illnJi':"iii:{ili',lf:.:ii':= t" iii:,irl",,I'r!ra 1 rishts in or
9":d "..".au. . o.torli**.. r Le44 in sserved bt -r.'g:"";.:irIlli["il
rnterests trrerein-".-i""ii*"rra" trrereorlook 2ra'u,I page zgi, -.ii'
anyRight of wavini"i.i'"I'i. tilrtlF.SlxtHil::grriiffk,
ir" enlarsemenrs and laterals
Easementsandrightsofwayofanapparentnature
d4/? //.'
,y
'-6-'
DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORADO
Case No. 93-DR-373
l^i !- r"f1C,r.-,lIi/tjU
AUG 11 1997
LAW OFFICES
SUPPLEI{ENTAL FINAL ORDERS
fn re the Marriage of:
MAX WHEELER,
Petitioner,
and
DONNA WHEELER n/k/a DONNA TASSADA,Co-petitioner.
THrs MATTER comes before the court on petitionerrsrrverified Motion for Re1ief _From Judgnrent pursuant to RuIe 60(blrrand the Court being fu1ly advised, h6reby finds:
1. Final ord,ers entered september 11, r-995. rn suchorders the court divided certain r"a]' property }ocated, at 9109county Road 32ot Rif1e, colorado 81650, wni-cn intluaeo the naritaLresidence, pasture and irrigated Iand
2- The parties owned. rights to irrigation arong withthe property. The court heard evidente as part of the Final ordershearing which described a history of conveyance of water on theproperty and its use for irrigatitn.
3 ' The interest in the water historically used. on theproperty is part of the marital estate wnicn -i;-1" be dividedbetween the parties pursuant to 14-LO_113, C.R.S.
4- Amendment and add,ition to the Final orders isappropriate under the standard.s of C. R. C. p. 60 .
5 - The First craim for Re11ef has been withdrawn byPetitioner.
6' wife's request for attorney fees in connection withthis c.R.C.p. 60 proce"ding is de;iea:
I^IHEREFoRE the court ord'ers that the Finar orders entered September11, 1995 is hereby modified to state:
Paragraph 34: The Court finds andRifle farm property has a fair market
L
concludes that thevalue of $340rOOO,
DISTRICT COURT, COUNTY OF GARFIELD, STATE OF CoLoRADoCase No. 93-DR-373
that the easterly parcer has a fair market varue andequity of gZS, OOO and should be awarded toPetitioner/Husband along with the irrigatio" "it", thathas hlstoricalty flowea onto that portion of theoroperty. The westerly parcer from the section rineincruding the existing noule, arena and various fencing,gates, corrals ana appurtenant residentiar andagricultural amenities nal a fair market ""i".
-"i
approximatery g265,ooo with an encumbrance of s45,oooresurting in a net varue of $z2oroo0, which westerlyparcer with residence and other improvements is awardedto co-petitioner/wife along witn ihe irriqoii.on waterwhich has historicalry frowed onto that poition of theproperty. Each of the parties is entitfea to apercentaqe of the entire flow originalty purcnasea with!n: property during the marriagd which is not to beinterrupted by the 6tner party at any time. petitioneris entitled to and is awarded. 342 of the total f10w; co-Petitioner is entitr-ed to and is awarded 6G? of the totalfIow. The water shalr be divid.ed at the current waterjunction box. Each party is further awarded a rikepercentage of the irrigat_ron equiprnent and pipes existingon the pr.operty as fixed gguipment or purchased duringthe marriage, which is ristla in ttie Findings andschedule of rtems and values attached nereto,--lna bothparties are granted fuII and unlimited physicar access tothe water junction box fo_r purposes of maintenance,cleaninqr, i4sLarlation a_nd i"pi:-r= as necessary tocontinue unihpeded water flows. Any other ord.ers whlchare inconsistent with this ord,er irl nereny-v"""t.a.
ffi.order is incorporated into Final orders dated september Lt,
so oRDERED this J' u., ", n[-7 t tg97 nunc pro tunc.
JERTIFiCATE OF MAILING
I CcrtirY dret a ccPY of
FOrcr:,,-,ing 11,ng 5'11',..i tr: all
-. Cor:nscl olRt:ct' o -)
Thiq b d.av <rr ftk_(_19 , /
1,V
ttfuO^*'-'.tld4:Q7441J
K , tt:iret.a,,,-
COURT:
Judge of the District Court
DISTRICT COURT, COUNry OF GARFIELD, STATE OF COLORADO
Case No. 93 DR 379-3
SETTLEMENT AGREEMENT AND ORDER
ln re the Marriage of:
MAX J. WHEELER,
ESTATE OF MAX J. WHEELER,
Petitioner,
and
DONNA WHEELER, n/k/a DONNA TASSADA,
Co-Petitioner.
COMES NoW the above-named parties individually and by and through theirrespective representatives and attorneys and in full setilement of all'oulstanding mattersin the above action including the appellite matters in connection with this action state andagree as follows:
1' Recitals:' For the purposes of interpreting and giving effect to thisagreement, the parties agree to the truth and accuracy of ihe tottoiling:
A' This dissolution action proceeded to a final orders hearing held onSeptembe r 28, Zg, and 30, 1gg4.
B' The courl entered Findings of Fact, Conclusions of Law and Decree(hereinafter referred to as "Decree,,) on septJmo"r i 1, 1ggs.
C' Various post trial motions were filed by both parties in this action andco-Petitioner has initiated an'appeal in the cotoraJo court of Appeals, civil Action 96 cA121 (hereinafter referred to as ,,Appellate nction;1.
D. _On July gO, 1g97 the Court entere,d an Order Denying Motion toconsolidate and/or Dismiss or Amend and awarded to co-petitionu, uitorney,s fees.
E' on July 31, 1997, the Court entered Supplemental Final orders.
ln re the Marriage of Wheeler
GarJield County District Courl
Case No. 93 DR 373-g
Settlement Agreement and Order
Page 2
F' The Petitioner has died slnce the entry of final orders and theappropriate courts has entered a substitrtion oipu,ties whereby Kevin wheeler, personalrepresentative of the Estate of Max wheeler, i.'no* the petition.i in this action and theAppellee in the Appellate Action. ' rv I rvvr
G' For purposes of this agreement, all references to the co-petitioner,Donna wheeler, now known as Donna TasIada, ,nutt be to ,,Tassada,, and all referencesto the Petitioner shall be to ,,Wheeler,,.
H' Tassada and wheeler intend this setilement Agreement to resolveall remaining issues and/or claims that either p;il hu,
"guinst the other and it is intendedas a full accord and satisfaction to replace uit prt, inconsistent orders of court whetherspecifically set forth in this agreement or not.
2.Co@:TheCouftawardedsixty-sixpercent(66%)of
historic irrigation wat.r fto*Elr," irrffin water associated with the parties, Rifle RanchProperly to Tassad? uld thirty-four,p:r"gt G4%) of the historical tLw ot the irrigationwater to wheeler in its supplemental Final oro"rr 'und a rike.per.Lntug" of irrigation pipeand equipment' The parties to resolve issues oi pnysical division -ot ttre water haveagreed to reconstruct the water divider box accoioirig to the plan drafted by the Unitedstates Deparlment of Agriculture conservation Fieto offi;; in ci"n*ooo Springs(hereafter "scs"), a copy or wiricn plan is attached hereto.and incorporated herein byreference as rxnioit n. 'rne .rii*ut.o cost of that is approximatery g6,250.00. wheereragrees' no matter what the actual. costs auy uu, to construct at his sole cost andexpense the water divider box at the location or ihe current divider box in accordance withthe plan set forth in Exhibit A. iassaou ,gi."r jhut ,r,. wi1 not interfere with theconstruction of the water divider box nor the in-stallation of the pipe from the irrigation boxto the wheeler properly' If any dispute arises between the parties as to the constructionmethods or physical construction of the divide;;;;,;h" parties agrees that the decisionof Dennis Davidson of the scs srratl oe uinoing"rpon both parties to resolve thosedisputes' It is the intent of both parties that onJe the divider box is reconstructed inaccordance with plans shown on Exhibit a, rasi"ll wirt receiv" ,i*iv-ri* percent (66%)of the historic irrigation water flow and wheeler wili receive thirly-four percent (s4%) otthe historic irrigition water iro*'through tn" i..onstructed divider boxes. Thisconstruction shall be commenced as soon as possibre after "r".riion of tt.,i, agreementand shall be completed within ninety (go) oavs "ilnu date of this agreement unressweather or other conditions oeyonJ Wheeler's
"ontior'pL""r,,r.,",'irJ#tuing compreted.ln any event' this construction shall be "orpt"t"J-o-n or before April 1, l ggg so that it is
(
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ln re the Marriage of Wheeler
Gaffield County District Court
Case No. 93 DR 379-3
Settlement Agreement and Order
Page 3
completed before water begins flowlng to the wheeler and rassada properties for thespring, 19gB irrigation seas6n.
wheeler shall also be solely responsible for the construction of an undergroundirrigation pipe to carry the water from the reconstructed water divider box directly to theright-of-way of Garfield.county Road No. 320,
"no
tn.n within the county Road right-of-way in a easterly direction to iuch location, in'wr',."rrr's discretion, where it enters ontothe property awarded to wheeler by the courl. wheeler shall ue soiery responsible forobtaining from the appropriate oriitiats of the Garfield county, colorado governmentwhatever documents are necessary to place the irrigation pipe *itnin tn" right-of-way.ofcounty Road 320' wheeler undeistands that tre may only be able to obtain a revocableIil',!,.!j*ff:[H,:T:[# r,.;, th; 6;,;;U'il;,ni,.p,,poi" uij us,."s ro accept
3' Divider Box Easement: Tassada agrees to grant to wheeler an easementas shown on Exhibit B,rhich;mbit is attach#r'.,.i.to.and incorporated by reference.This easement shall be for the toiu prrposes of maintaining the divider box for the waterallocated to wheeler by the court in ine srppremental Final orders and for no otherpurpose' The underground irrigation pipe to oe'tiver irre water from this divider box to thewheeler property witt oe locatJd *itt'rin tn" u*rrunt urru shown on Exhibit B. withintwenty (20) calendar days of the completion of the water divider box or, at the latest, onor before ten (10) calehdar days prior to .ro.ing, wn""t.,. shall provide to Tassada, atwheeler's sole cost and expen.., u suryey prepared.by a registered land surveyor ofwheeler's easement area and a form of deed transferring such easement in a formacceptable to wheeler and rassada. Tassada ugr.u. to siln sucr, easement at closingor within ten davs of presentation of documenis set forlh above whichever is later.Tassada shall, *lt1i3 nin"iv isol';;; .f the comptetion of the work on the divider box andthe pipe line extending to ir,L Wn.tter propert; il;t; a fence-on lhe'outsioe boundaryof the easement and Wheeler agrees that he *iri nur. the surueyors preparing the legal
Siir.JrJ:?1"?:,:iJrHgJ,J:X:" "pp,op,iate markers on the site showins the rocation
A
9onstruction: The parties agree at closing,
B:xiT s[li[: i^:.',0:':'-":,"^"^'::"]-l;tJ;r,ry-,G ;;ii&:'i;:Tffiti31;J"-1i:
il:BTj::iHs::i:'1'"T::"::ll[*':s:ie:t]lEt5!?::i,T,"il:J:,J:;.:'l;
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? :'$'f,' : TJ *: : ".,ii' il ?1s," : :. :tj's^ rl" il . #r 1 i il: Hifi .i' in : H' ;JTassada's counser, shan be ih;;"r;;J.0,y,r.i0,,,,r""fi;;J.l"t|" J::,;;"ll,ffL ll
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COLORADO DIVISION OF WA A RESOURCES
DEPARTMENT OF NATURAL RESOIIRCES
1313 SlmRr\,IAN ST., RM. 818, DEI{\{ER CO 80203phone - info: (303) 866-3587 main: (303) 866_3581
l{qw 35 + ACRE RESTDENTTAL
JAll 2 i 'gB
Uiliil BEl.OiJ:lC: j
.liAIE ENGini€[il
oLE1\y/cocWterWellPitaIr
M
ermr
eted in
plication
ink or tvned1 . APPLICANT INFORMATION
Namc of .pplisrnt
TASSADA, Donna ttA. Ordinary househotO prrposeG!'to 3
single-family dwellings, tre watering of
domostic animals, and t're irrigation of not moretran one (1) acre of home gardens and lawns
E B. Uvestock watoring (on farm/ranch/rango/paeture)
Mriling Addroee
p.o.eox szsr [fll8?el"..Bu.u?tgJl
City
3lenwood Springs
State
CO
Zip code
81602
Tclophonc Numbor lincludo arca codal
970-625-4604 /. WELL DATA
MAX
SHALL NOT EXCEED 15 GPM
CONSTRUCT A NEW WELL ON A TR,ACT OF
LAND OF 35 ACRES OR MORE
T,JYPE OF RESIDENTIAL SEWAGE SY'TEMA S.pt
E Central system
Digtrict name:
EI Vautt
Location sewage to bc haulod to:
tr Othef (anach copy ot enginccring dceign)
9. PROPOSED WELL DRILLER i;;;;;
J. HEFEH t (J (it applicabte):
Monhoring holo acknowlodgmont ,
MH.
+. LUUA I IUN OF WELL
County
Garfield O,urner/qu6rtcr
SE ua
Quartc r
SE 1t4 NamaSoction
19
Townehip N or S6 trg
Rangc E or W
e3 trE
Principal Moridian
6th
numbcr
'10. SIGNATURF of nl an+f IlJrstance ol well frcm e ection lines
800 r. r-- EIru{8s 500 r r*- EI r t-l
in the second degree, which is punishable as a class .l mis-
demeanor pursuant to C.R.S. 244-104(.t3)(a). lhave read
the statements herein. know the contents thereof and statethat they are true to my knowledge.
Wcll location addrces, il diffcrent t."@
A.
ATTACH LEGAL DESCRIPTION FOR 35 + ACRE TR.ACT
E Development
Name
Lot no.
E other
Unit #
Date
/-t?-7s
Office Use Only
I
DIV ,
B, STATE PARCEL
lD# loptionat):co 23
c.# acrer in tact
65
D.
THIS WILL BE THE ONLY WELL ON THIS TRACT
Form GWS-50 (tz/95)
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