HomeMy WebLinkAbout3.0 CorrespodenceWATER WELL AGREEUENT SENOR MESA EXEMPTION PLAT
THIS WATER Vf,ELL AGREEMENT (the "Agreement")effective as of the _day of
is made and entered
L99L between Colorado
National Bank of Denver as Trustee under the Will of H.P. Williams,
Jx., (hereinafter referred collectively as "Williams") and aII
other parties owning land lying north or south of well herein
collectively described as "owner".
WITNESSETH:
WHEREAS, Williams is the owner of four parcels of land located
and described on Exhibit rrArr and created by Senor Mesa Exemption
Plat attached hereto, and
WHEREAS, Ifilliams has drilled two we1ls, one well located
1231 feet from North 35 Sec. Iine, and 375 feet from west 35 Sec,
line,( hereinafter referred to as "WelI #1") to serve parcels one
and three, and the other well located L324 feet from North 35 Sec.
line, and L325 feet from East 35 Sec. line to serve parcels two and
four, (hereinafter referred to as "Well # 2") and !
WHEREAS, Williams tends to sell and convey the four parcels
served by these wells:
NOW, THEREFORE, the owners of parcels for well stated abowe
agrees as follows:
L. Equipment and Servicing of welI. Each party agrees to
pay one-half of the expenses of servicing the well. The well shall
be equipped with the necessary pump and other equipment necessary
to provide the parcels with water for use for ordinary householdpurposes, fire protection, the watering of poultry, domestic
anj:nals and livestock (not to exceed ten (10) head per party) andfor home garden and Iawns. Upon agreement of both parties, a pump
house may be constructed at the well location. Each party shallinstall a means to measure their water usage at their own expense.
An electric meter shall be installed with the well and each party
sha1l pay their respective share of all pumping cost. The
nondefaulting party shaI1 have the right, but not the obligation,to advance funds to pay the share of the defaulting party and in
such case shall be entitled to a lien on any property owned by the
defauLting party until the amount advanced has been repaid in full,plus interest at the National Prime Lending Rate PIus four (4t)percent as of the day the fund were advanced plus all reasonablecosts of collection including attorneys' fees.
2. Ownership and Use of the Well Each party sha1l own an
undivided one-hal-f interest in the well. Each party shall be
entitled to use one-half of the water avail-able and agrees to use
the well in such a way as not to interfere with the rights of the
other party to use the water. It is agreed and acknowledged that
the exempt domestic well permit may be issued by the State of
CoLorado Engineer's office with certain conditions so as to pervent
waste, pollution or materiaL injury to existing rights.
3. Easements Each party agrees to grant the other party an
access and maintenance easement to the well and the right to
construct, operate and maintain water lines and facilitate their
respective properties .
4. Maintenance and Expenses of the WeIl. The parties agree
that they will consult with another prior to any expenditures for
the maintenance of the weII or replacement of its facilities or for
any other expenditures. Unless agreed to the contrary, the parties
shall pay monthly electric service charges for pumping based on
their actual use of water as measured by the water meters
referenced in Paragraph l- above.
5. No Warranty. The parties agree that no warranty expressor implied has been made by either party as to the quantity,quality or use of the water that may be obtained from the weII, and
the sole purpose of this Agreement is to work together in order to
satisfy the domestic wateer needs for both parties.
6. Appurtenance to the Land. The well described hereinshall be for the benefit of and use exclusively on the Senor Mesa
Exemption Plat parcels and no others. The wells and the rightscreated herein shall run with the land and may be conveyed,transfered, encumbered or otherwise dealt with as an appurtenanceto the respective parcel involved.
7. Suspension of Use. Neither party shall have the right to
use the weII or any water produced from the well as long as theyare in default under any terms or conditions of this Agreement.
8. Miscellaneous. The terms and conditions of this Agreementsha1l be binding upon the respective parties hereto, their heirs,devisees, personal representatives and assigns. The use of the
sing"ular masculine hereinshall include the feminine entirety, itshall be recorded in the records of the Clerk and Recorder,Garfield County, Colorado.
fN WITI{ESS WIIERBOF, the parties have hereunto set their hands andseals the day and year first above written.
By:
Ilomer L. Hancock, Vice
President
FoRr,t No.
Gvs-31
11 /90
WELL CONS]?UCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
For Ofhcc Usc only
1.WELL PERMTT NUMBER A' tr N/{- T9 O}q
z owNER NAME(S),^nit
Mailing Address
City, St. Zip _
Phone ( )
3.wELLLocATIoNASpRtLLEp: sD ttq l) D th,sec. 3l Twp. 5 g ,Range-?n_ h.)
DISTANCES FROM SEC. UNES:
lZ " I ft from ,1,,, 9<,,, Sec. line. and 37-{ ft from ,U g{ Sec. line. OR(dxrhorffif - k E.@'
SUBDIVISION:LOT_ BLOCK_------- F|UNG(UN|T)
STREET
4.GROUND SURFACE ELB/ATION
DAIE coMPLErEo q/g/qt.
'oRTLUNG METHOD t
TOTAL DEPTH )OO ft. DEPTH COMPLETED 3OO ft.
5. GEOLOGIC LOG:
ryr Dclpddr ol ih0rdC 6ypq Sta, Cobr. Wrfr Lcdon)
a HoLEJoteu. (in.)From (ft) To (ft)o /ootoo ?oo
6tO-Lo feCL (tlrl uJ *--z,te GZelelt
/on_ IOO S:.*.tatt, '?qilo,ee detlile_fs
Wall Size From(ft) To(ft)O /onXia
7. Pt-ArNol2),CASING
Kind<*--/
4nn
--T
spTT t^ ,o
PERF.cnffiG:sc;eenEEi4 flyr qtj y'o
lnten al
& FILTER PACK
Mderial
Size
9. PACKER PI.ACEMENT:
Type
-
Depth
l(L GROLMNG RECORD:
Material Amount Densitv lnterval Placement%ry==*
t1 olstrurEcnoN: Tvpe dilv til*tJw *^sA fr]npoy Arnt used /" A"t.
t2 WELL TEST DATA:
TEST1NG METHOD
Check bor if Test Data is submitted on Supplemental Form.
StaticLevel llb frffi ffin"nav-lo gpm.
Pumping lentel I Qo tt Date/Time measured Tes length (hrs.)
Remarks
of fal$ $rHn ntt tr.6in paiury in thc rccond dcgr* and b prrnbhabh ac e dara 1 mMcmcanor.l\ \., \CONTRACTOR
MailingAddress
I Phone @s a{(-4o,?q Lic.No.
5-
c 't blL?_
Name/Title (Please type or print)
/E Aot/,ix ousnteB-
Datery'uftr
FoRr{ N0.
clJs.31
11 t90
WEIJ. CONSTRUCNON AND TEST REPORT
STATE OF COLOHADO, OFFICE OF THE STATE ENGINEEH
For OfFca Uso only
,-l
1.WELL PERMTT NUMBER /)/ T T ,OONq
2
I
r I ,lowNER NAME(S)ntS r
Mailing Address
City, St. Zip _
Phone ( )
3.WELL LOCAT1ON AS DRILLED: 3 E IIC AI d TN,S€r,. 3 5 TWP.5 ,Aange Q0 ,/.d
DISTANCES FROM SEC. UNES:
ft. from E gf sec. tine. oR
(cad or wr.t)
t3?^4 ft. from ,il 3f sec. line. and
(north or routh)
SUBDIVISION:LOT BLOCK_ FIUNG(UNIT)_
4 GROUND SURFACE ELB/ATION
DATE COMPLETED
ft.DRILUNG METHOD.,
TOTAL DEPTH 44O? le- /q,.ft.DEPTH COMPLETED 4eo ft.
5. GEOLOGIC LOG:
O.pth Ocipdo.r ol lltdC fiypr, Sba. Cofo.. Wrtr Ucaon)
From (ft)nin'
7. PLAN CASINGo'{i' *tt *1;NZ :U9'fl-,< l- saJ,, z/o ai ggo
-pERF.
cASltlG: screen stot size,: --TgK b-S PlL sel.4o @
8. FILTER PACK
Maerial
Size
lnterval
9. PACKER PI.ACEMENT:
Tvpe
Depth
l(t GROUTING RECORD:
Maerial Amourfi Densitv lnterval Placement&.usdt/p-wls6ki b 4o 't
tl DlslNFECTtoN: Type Ott D*Ee /tntr! Ollreoy Arnt. used /-A*/
t2 WELL TEST DATA:
TESTING METHOD
tr box if Test Data is submitted on Supplemental Form.
Static Level A*n tt Date/Time measured
-
ProOuction nate___ /s_gpm.
Pumping lanel 3bo tL Date/Time measured Test length (hrs.) -e
Remarks
of lals ffincntr hcoln t?a pcd,.r' ln thc rccond dcgra and b ptrnbhabh rr . d.i I miadcmcanor.lLiSlrc,l/,bo phone (Zo3r ?45-{o??CONTRACTOR
MailingAddress
Lic.No.
Name/Title,(Plyselype or print)ruh/* ou'tt'?-
Siqnaure t f ./),%la/Z>Date
ty's"/z r
ROY ROMER
Governor
JERIS A. DANIELSON
State Engineer
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
'l 3'l 3 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3s81
FAX [303] 866=3589
July 23 1991
Mr. Andrew C. McGregor
Ga#ield Count' Flegulatory Offices
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: H.P. Williams Trust ExemPtion
Section 35, T5S, R90W, 6TH PM
Division 5, District 39
Dear Mr. McGregor:
We have reviewed the above referenced proposal to divide a 73 acre parcel into four
tracts. According to Garfield County Assessor records, the 73 acre parcel is currently two
separate parcels(about 35 and 38 acres) under separate ownership. The applicants are
proposing to serve the four lots with two separate wells. Two domestic well permits serving two
iesiOences per well is apparently the applicants plan for water supply. Well use would be limited
to fire protection, the watering of poultry, domestic animals, and the irrigation of not over one
acre of home gardens and lawns, but not used for more than three single{amily dwellings.
ln order to assure that a permanent water supply will be available on an equitable basis
to any lot, we recommend the following:
1. The ,orcll(s) shourld be located on an outlot(s) owner in common by all property
owners using the well. Access to the well and the right to establish and maintain
a pipeline shall be provided by easements where necessary'
2. The well(s) should be jointly owned by the lot owners.
3. Covenants and/or other mechanisms should establish a lot owners association
with authority to make decisions concerning management and operation of the
well(s). A joint maintenance agreement is a required part of such an association.
If the above provisions are met, we can recommend approval of this proposal. Please
contact us if you have any further questions.
Sincerely, _ {
bUW*\,4^-q-
3'jiXffi ,fi#[Ik,"., Ensineer
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
Bruce DeBrine
GARFIELD COUNTY )
REGULATORY OFFICES AND PERSONNLL
Ivlay 7, 199L
Greg IvlcKennis
L270 C.R. 240
Glenwood Springs, CO 81601
RE: H.P. Williams Trust Exemption
Dear Greg:
At their meeting on May 6, the Board of County Commissioners
approved your request for an exemption from the definition of
subdivision subject to 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.
2. That the applicant shall have L2O days to present a plat to
the Commissioners for signature. Extensions of time may be
granted if requested prior to the expiration date.
3. That the following plat notes be included on the Exemption -
Plat:
L) Each lot may be subject to engineered foundations and
septic systems.
2) No further exemptions from the definition of subdivisionshalI be all-owed.
3) Wildfire prevention guidelines of the U.S.F.S. and
Colorado State Forester shall be observed in residential
site development.
4. That easements for waterlines and for access and maintenanceof the proposed wells be included on the Exemption PIat. In
addition, each parcel shall receive a deeded interest in thewell(s).
109 8TH STREET, SUTTE 303 . 94582t21625-557t1285-7972 . GLENWOOD SPRINGS, COLORADO 81601
Glenwood Springs Fire Department
806 Cooper
GLENWOOD SPRINGS, COLOBADO 81601
"Saving Lives and Property Since 1885"
JAMES MASON, Chiel
945-2575
4-t7 -9L
Garfield County CommissionersI09 8th. Street
Glenwoood Springs, CO. 81601-
To Whom It May Concerni
This letter will serve to confirm that the property located in
Section 35,of Range 90 West, Township 5 South belonging to Mr.
Greg McKennis (williams exemption) is within the boundries of the
Glenwood Springs Rural Fire Protection district.
Should you need further information please feel free to contact
rny office at 945-2575.
Sincerely,(*),,*-) ,{tr*:-.\
,Ames s, Mason, Chief
Glenwood Springs Fire Department