Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1.0 Application
GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 *kW Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 /114YVito 2 5 www.garfleld-countv.com 20,05 00/i (464 Special Use Permit `'4P�NNN� J GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property:____12- , ttZ ➢ Legal Description: _fAte- pj /\' J -1/ LP ____XV - f,1 �O _(5m�1+CA�-�%D 1.14 t "D*At > Existing Use & Size of Property in acres: _.es1 7sc. > Description of Special Use Requested: ALRu.S 1,L5Oe. koe GArs,tta ➢ Zone District: A'RRZ7 Name of Property Owner (Applicant): 1::3•A-r�1LY-- Tqe> > Address: 2Z2 eAS-s' j*T- fes,#ZP Telephone: ZIZ'6'03.574(, • City: _4' V4 Tpg.YC. State: N -t- Zip Code: 10021 FAX: 463'5710 > Name of Owner's Representative, if anv (Attorney, Planner, etc): P to tko s �. u�' - �- 4-c— ➢ Address: _1"'10__A4z$L.Y(2 Telephone: (33 6566 City: PNbYA-PA� State: _Loa__ Zip Code: $11)Z3 FAX: N3 os -46 STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: SUBITTA S As a minimum, specifically respond to all the lONfollowing items beloREQUcREIVIw and attah any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to h- best of my knowledge. (Signature of applicant/owner, Last Revised: 11/07/2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director • Senior Plainer • Planning Technician • Secretary $50.50 $40.50 $33.75 $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1st page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for `5 P A'i_ JSi . {'QZM 11 (A AD, u :) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. T,vr '1,a 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: PATI=tcl< T. %0R\ L Print Name Mailing Address: B0/ 33 t; f“to1,1 ) 0U bice,3' 10/2004 Page 4 NUM ARCMIMUCTS, URIC. Architecture and Planning 46 Weant Blvd • Carbondale, Colorado 81623 970.963. 056.6 I I March 30th, 2005 Garfield County Planning Dept. Garfield County, Board of County Commissioners Glenwood Springs, Colorado Re: Special Use Permit for ADU Planners and Commissioners, The Special Use Permit application before you, is for an Accessory Dwelling Unit located in Garfield County on a 38.82 acre parcel of land (Parcel A, Bearwald Exemption Plat). LOCATION AND AREA DESCRIPTION The property is a relatively isolated parcel, and is accessed from County Road 112, in the 'Crystal Springs' area, to the north of Carbondale. The location of the existing house and the proposed A.D.U. is approximately one mile off of CR112 by driving, or 1/2 mile 'as the crow flies' in plan view. The physical address for the location is: 0483 County Rd. 112. At this time the only structure on the property is the Main house, as shown on the survey attached with this application. OWNERSHIP AND USE Patrick Burke, the owner of the property would like to build a small log 'cabin' in the area shown (on the survey attached with this application) approximately 200 feet to the east of the existing house. The purpose of the Accessory Dwelling unit would be to provide additional space for Mr. Burke's parents (George and Mary Kirkham) to stay when they are visiting, which would be estimated at around six months of the year. No evidence or record was found of any other party having mineral rights to this property. A.D.U. DESCRIPTION The additional dwelling unit could be described as a 1,500 S.F. two story log residence with 2 or 3 bedrooms and a garage, or 'car -port' area, attached. The survey with two foot contours in the building area being proposed for construction shows a 9-10% grade sloping to the Northeast. In this area there are a number of small rock outcroppings, and sparse mix of pinon and juniper trees that will be removed for construction. • Page 2 May 17, 2005 UTILITIES AND ADJACENT IMPACTS Water is served by a well on the property, and will be accessed by a connection at the existing house (see attached permit documentation, and use agreements). The electrical service will be provided by the same overhead pole and transformer (Holy Cross) nearby that also serves the existing house. A new LP gas tank will be provided for the new dwelling as well as a new ISDS system for the new dwelling's septic requirements (see attached letter from Timberline Engineering). The owner's private drive way will be extended approximately 140 feet and will provide additional parking for two vehicles at the new dwelling. It is assumed that the additional traffic volume generated by this A.D.U. would be very slight, and have no significant impact on the public roads in the area. There is no H.O.A. associated with this location. Given the amount of property surrounding the proposed A.D.U. it seems highly unlikely that there would be any unwanted visual impact on neighbors. It is Mr. Burke's intention that by the using logs and other associated 'earth tone colors' used in the exterior finishes, along with the amount of trees in the general area, a good visual barrier will be created. It is our goal to screen the dwelling visually from the nearby existing house, as well as from all others. Mr. Burke has reviewed this S.U.P. application and fully understands the maximum square footage requirements allowed (1,500SF), and that only leasehold interest of the dwelling unit is allowed. We have reviewed all the code requirements as outlined in Section 5.03.021 (1 through 7) in the Garfield County Land Use Code and see no conflicts with this project. Mr. Burke has included a $400.00 base fee and has signed the "Agreement for Payment" form. Thank you for your consideration of this application, and please contact me with any issues or questions that you may have. Dan Muse Muse Architects, Inc. • Page 3 May 17, 2005 Transmittal of Items included in this Application Drawings : 1. Amended Bearwald Exemption Plat 1990 2. Parcel A Improvement Survey 1990 3. Updated Improvement Survey 2005 4. Topography with house location 2005 5. Architect's schematic site plan, Sht.1 2005 6. Architect's schematic site plan, Sht. 2 2005 7. USGS 1:24000 vicinity map 8. Copy of County Assessor's map High Country Engineers Scarrow/Walker Lines in Space Lines in Space Muse Architects, Inc. Muse Architects, Inc. USGS Letters and Reports: 1. Legal Description 2. Quit Claim Deed to property 3. Well Permit with Quit Claim Deed and Ruling of Referee 4. Well Joint Use of Water Agreement 2005 5. Well Pump test 2005 6. ISDS feasibility 2005 7. Adjacent Property Owners list 8. Letter of Representation 9. $400.00 owner's check 10. Signed Garfield Co. Fee Schedule 11. Application Submittal Requirements/ Special Use Permit Including this letter Adjoining 2187 :1-(1/4 1- � ti ti 1 2187-363-00-140 XXXXXXX 4EMPT 7, 4 k 003 : EXEMPT CMC 6 tOUNDARY RY 10 4 MA 93-1 uxu`3,4. 21 16 16. BIM BOUNDARY 12 13 BLM BOUNDARY SEE MAP NO. 2393-28 AP NO. -27 O.8A PC MA n 204 SEE AP 140. 2 3-26 26 • 271 ;cc (1 -n), -1 LEGAL DESCRIPTION t1EARWALo PARCEL A A parcel of land situated in the NE1/4SW1/4 of Section 23, Township 7 South, Range 88 West of the Sixth Principal Neridinn, County of Garfield, State of Colorado; being more particularly described ao follows: Commencing at,tlte Northwest Corner of said NE1/4SW1/4 the True J'oirr of Beginningi thence 8.89°49'42"E. 131.8.64 feet to the Northeast Corner of said NEI/45W1/4; thence S.00'15'39"W. 1284.41 feet to the Southeast. Cornet of'oaid NE1/45W1/4; thence S.89°57'56"W. 1317.78 feet to the Southwest Cotner of said NEI/4SW1/4; thence N.00°13'24"E. 1281.25 feet to the True Point of Beginning) containing 38.82 acres, more or leas. Together with a 20.00,foot access easement ottuated In the NW1/4SE1/4 of said Section, lying 10.00 feet to each side of the following described centerline: Commencing at the Northeast Corner of the NW1/45E1/4 of said Section; thence 5.42°40'47"W, 807.55 feet to the centerline of an existing right-of-way and easement (Document No. 241103 an filed in the Clerk and Recorder's Office) the True Polut_of Be 1.ttnln8 ; thence 5.20°00'00"'d. 564.99 feet; thence S.5f�°42''35'WW. 75.01 gfeet; thence S.53°50'04"W. 131.82 feet; thence 3.59°08'14"W. 52.09 feet; thence 5,79047'38"W. 45.61 feet; thence 8.56'32'14"W. 58.18 feet; thence 8.36°41'49"W. 62.55 feet; thence 8.28°03'55"W. 106.09 feet; thence 8.60°48'39"W. 120.46 feet to a point on the west line of said NW1/45E1/4, the Terminus. Subject to a 20.00 foot access easement oituated In said UE1/4SW1/4, lying 10.00 feet to each aide of the following described centerline: Commencing at the Northeast Corner of the NW1/4SE1/4. of avid Section; thence S.49'55'13'W. 1621.12 feet to n point on the went line of said NW1/4581/4, the True Point of.Beglnningi thence 8.60°48'39'W. 163.46 feet; thence 8. 6 27'52'14. )5.41 feet; thence N.68054'45"W. 70.27 feet to the Terminus. Also subject to a 20.0U foot well easement al tuated in aaid NE1/4SW1/4 lying 10.00 feet to each 2tde of the following dencrlbed centerline: LE&iAL Pr f'T :�1 V eT Commencing at the Northeast Corner of the NW i 245E1 /4 of said section; Thence S50° 33'03"W. 1968.68 feet to an existing well the True Point of Beginning: thence N.00° 34'48"E. 344.64 feet to tier Terminus. Also subject to: 1.) Right -of -Way easement to Holy Grp- rlaoric Association, Inc. Recorded lune 12, 1972 as Document Nc. 1541'95 in Book 432 at page tri. 2.) Right -or -way easement to Hog' Cr: s> ir. trio Association, Inc. Recorded October 24,1975 as Document 359919 in Book 479 at pag• 929 Apr 12 05 03:20p 1mi111111111111111111111111111iHhi ���1111111111 555279 11/12/1909 10:41A 81160 P274 M RLSDORF 1 of 1 R 5.60 D 0.00 SARFIELD COUNTY CO p.2 QUCTCWM DEED THIS DEED, made this LY A'1 dry or September tanners Mary T. Kirkham of the 'County of Garfield Colorado,gnntod4, sod Patrick T. Burke /99'? and Slate of whose legal address Ls 222 E. 71st Street, Apt. 20, New York, New York 10021 nfabe Counryof i'/a..,, N , Af'' r• .C, and Stale of slahmer(11, WITNPSSotat the grantor(s), for and In etosideradon oft/ sum of ten dollars and other good and valuable consideration /1000909 he receipt and soffdeory of which is hereby acknowledged, ba s remised, released. sold and QW TCIAIMW, and by hese mescals does =use, release, mil and QUITCLAIM unto Jhegneiee(l), its h'n, increasers and assigns forew, all the tighttiegintemtt, claim and demand which the wanted) bes in and to thereal properly. together with impro,cmcnta if any. situate. Ding and kin{s the County of Garfield and State of Colorado, described n follows: Section 23, Township 7, Range 88, a tract in NESW Cont. 38.82 Ac. Comm. at the NN Cor. of MESH the true POB, thence N. 89°49'42" E. 1318.64', thence 5. 00'15' 39" H. 1284.41', thence S. 89'57'56" W. 1317.78', thence N. 00°13'24" E. 1281.25 to the true P011. ARA Parcel A Amended Bearwald Exemption. Total 38:82 Ac. r also Imown by street and numberss: assessor's acbedale or parcel womb= TO HAVE AND TO HOLD the same, together whh as and singular the appurtenances atdmivlleger therevoto belaen%m in anyw)Jo Chernow* appertaining, and alt the estate. right, hale, intern, aid claim "Autwever Of the Vanter0). tither it taw m "Mt,. to the only proper usebeaek and henna( oftMgnneecfa) bears and assigns (Omer. IN WITNESS WHEREOF, thegrawm(a) h a accented this deed on the date set forth above. STATE OF 66%daLf66 NEW YORK Mary am J ss Countyor Suffolk 'Re feremeetiastmneel was acknowledged before Joe this Lf day of September by Mary T. Kirkham Witness my hand and omciil scat. SUSAN P GAUDIELLO My commission expires: NS" Public, State of New York No.0in Su ff 347/ 0 OuaE1 n Suffolk �,putly • AaCVHuf on. o..Ralrxn o.,.,EaP'ee .aryl' 2G iCt1• ,I991 Fqo Na 931 Per. 4-94. eurTCLMM DEED N,°eueaenee df no•OutiNem can UPI Eatrahl 31-351n65 C 4 �• BMIadJ„pBnal etie4 WLLeta. Donn tO inO}-110J)39}.IJM �-1x91 ^, TIIMB:RL INS ENGINEERING STRUCTURAL/CIVIL ENGINEERING ♦ CONTRACTING + CIERTJIHhhI D ENERGY DESIGN PROFESSIONAL March 31, 2005 Mr. Patrick Burke 0483 CR 112 P.O. Box 235 Carbondale, CO 81623 Re: ISDS Feasibility for Burke Special Use Permit The subject property location is shown on the attached Figure 1. An on-site investigation of the proposed Individual Sewage Disposal System (ISDS) location was conducted on March 25, 2005 to evaluate the geologic conditions related to the proposed construction. The general site topography slopes down to the east at approximately 10%. Major drainages do not cross the property. Vegetation consists mostly of juniper and pinon trees with sage and other brush. The U. S. Department of Agriculture Soil Conservation Service (SCS) has classified the soil in the area as 106-Tridell-Brownsto, attached as Exhibit 1. This soil classification encompasses almost the entire Missouri Heights area. Excavations in these soils typically consist of primarily basalt cobbles and boulders in a silty sandy matrix. Our experience in designing numerous ISDS's in the area has shown that percolation rates in this soil type vary from 15 to 60 minutes per inch. There are no indications that percolation rates at the subject property would vary substantially from those we have observed. Based on our observations, the soil type and our experience in this area, the property appears to be suitable for a conventional infiltration ISDS. Sincerely, TIMBERLINE ENGINEERING e0 \ 4- 'x .. i'' .O f ' David A. Powell 251 `� •• 1� '745 P.O. n ®X 631 C °MAIL E, CO. 81623 PHONE 970 963 9869 / FAX 970 963 l4) iii It N m fflz 0 - • N ���Myyy b« ( 00 t2ta0 .m m fi ..a\ a G9 Et n `- at U Z E $gr c gdxa E. g m'sw P.. ati— tQi m < ig,E$ • 9 c y'1-1 03 � n r E..7..�c1yy m t%"'Zv W W w E o '^ 2 W 6 d 8iW Z 0 a „">«ag pguf. ..d 03� W - aago� if, 0 Ne--,- 3 kk �:nrtn ay) jm .-r—aa-25 raltao .to W fcrium 0 0 0 0 0 J 0 U ASPEN•GYPSUM 4. 72 txHIBIT t The Rock outcrop consists mainly of barren sandstone, shale, and basalt. This unit is used as wildlife habitat. The native vegetation is grasses, forbs, pinyon, and Utah juniper. This unit is poorly suited to homesite development. The main limitations are the slope, the depth to bedrock, and large stones. This map unit is in capability class VIII. No range site is assigned. -->106—Trideif-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony. This map unit is on terraces and mountainsides. Elevation is 6,400 to 7,700 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 105 days. This unit is about 45 percent Tridell soil and 35 percent Brownsto soil. About 5 to 10 percent of the surface is covered with stones. Included in this unit are small areas of Forelie and Evanston soils in the Tess sloping cleared areas. Also included are small areas of basalt Rock outcrop and soils that are similar to the Tridell soil but have less gravel and fewer stones. Included areas make up about 20 percent of the total acreage. The Tridell soil Is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from sandstone and basalt. Typically, the -upper part of the- surface -layer is'grayish brown stony - sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the substratum Is very cobbly fine sandy loam. The next part is cobbly sandy loam about 11 inches thick. Below this is 12 inches of very stony fine sandy loam. The lower part of the substratum to a depth of 60 inches is very stony loamy sand. Hard basalt is commonly below a depth of about 60 inches. The soil is calcareous throughout. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability is moderately rapid in the Tridell soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse textured, calcareous sandstone and basalt. Typically, the upper part of the surface layer Is light brownish gray stony sandy loam about 4 inches thick. The lower part is light brownish gray stony sandy loam about 7 inches thick. The upper 19 inches of the substratum is very gravelly sandy loam. The next 12 inches is very gravelly loamy sand. The lower part to a depth of 60 Inches is gravelly Soil SUNS sandy loam. A thin layer of partially decomposed needles, twigs, and leaves Is on the surface in many places. Permeability is moderate in the Brownsto soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. This unit is used mainly for livestock grazing or wildlife habitat. It also is used for limited homesite development, for Christmas trees, or as a source of firewood and posts. The potential plant community on the Tridell soil it mainly pinyon pine and Utah juniper with an underst of bluebunch wheatgrass, Indian ricegrass, Wyominc big sagebrush, and muttongrass. Other plants that characterize this site are bottlebrush squirreltail, antelope bitterbrush, and true mountalnmahogany. T average annual production of air-dry vegetation is at 300 pounds per acre. The potential plant community on the Brownsto sc mainly Wyoming big sagebrush, needleandthread, Indian ricegrass, western wheatgrass, and scattered pinyon pine and Utah Juniper. Other plants that characterize this site are bottiebrush squirreltail, antelope bitterbrush, and true mountainmahogany. T average annual production of native understory vegetation is about 600 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, cheatgrass, and annual weeds increase I abundance. Mechanical treatment is mit.practical --_ because of the very stony surface and the slope. Suitable management practices include proper grazir use and a planned grazing system. The slope limits access by livestock. The limited accessibility results overgrazing of the less sloping areas. Selective thlnr of the pinyon and juniper stands improves the quality the understory for grazing and provides firewood, po: and Christmas trees. The Tridell soil is suited to limited production of pinyon pine and Utah juniper. The average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. To ensure sustained yield and continued use, the kind of wood production shot be considered before the stands are thinned or clear Special care is needed to minimize erosion when the stands are thinned or cleared. Thinning the stands generally promotes the growth of understory grasses and young trees. Only the less sloping areas of this unit are suited • homesite development. The main limitations are the slope and the stoniness. Erosion is a hazard in the steeper areas. Only the part of the site that is used t construction should be disturbed. Topsoil can be stockpiled and used to reclaim areas disturbed durinf Aspen -Gypsum Area, Colorado 73 ' construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Population growth has resulted in increased construction of homes in areas of this unit. This map unit is in capability subclass Vile, nonirrigated. The Tridell soil is in the Pinyon -Juniper woodland site, and the Brownsto soil is in the Stony Foothills range site. 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely stony. This map unit is on alluvial fans, benches, and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are .similar to the Uracca and Mergel soils but have a '-ker surface layer and a lower content of coarse moments. Included areas make up about 10 percent of .otal acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from mixed Igneous and = metamorphic material. About 3 to 15 percent of the surface is covered 'With 'boulders, stones, cobbles, and gravel. Typically, the surface layer is brown cobbly sandy loam about 3 inches thick. The upper 5 inches of `she subsoil is cobbly sandy loam. The lower 7 inches is very cobbly sandy clay loam. The substratum to a depth of 60 inches or more is extremely cobbly loamy sand. The content of coarse fragments ranges from 35 to 85 :percent, by volume, in a major part of the surface layer ,and subsoil. Permeability is moderately rapid in the Uracca soil. Available water capacity is low. The effective rooting depth Is 60 inches or more. Runoff is slow, and the ;;r.hazard of water erosion is slight. The Mergel soil is deep and well drained. It formed in glacial outwash. About 3 to 30 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is grayish brown cobbly loam about 8 inches thick. The upper 12 inches of the substratum is very cobbly sandy loam. The lower part to i' a'depth of 60 inches is extremely stony sandy loam. content of coarse fragments ranges from 35 to 80 ent, by volume. eermeability is moderate in the Mergel soil. Available ?yater capacity is low. The effective rooting depth is 60 Inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly for irrigated hay and pasture. ft also is used for homesite development or rock quarrying. If this unit is used for hay and pasture, the main limitation is the low available water capacity. Frequent irrigation Is needed. Applications of nitrogen and phosphorus fertilizer improve the growth of forage plants. Proper stocking rates, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. Irrigation water can be applied by corrugation, sprinkler, and flooding methods. Pipe, ditch lining, or drop structures in irrigation ditches facilitate irrigation and reduce the hazard of ditch erosion. If properly managed, the unit can produce 4 tons of Irrigated grass hay per acre annually. If this unit is used for homesite development, the main limitations are the Targe stones and boulders on and below the surface. Population growth has resulted in Increased construction of homes in areas of thls unit. Preserving the existing plant cover during construction helps to control erosion. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. The effluent from septic tank absorption fields can surface In downslope areas and thus create a health hazard. 11 the density of housing Is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. This map unit is in capability subclass Vis, irrigated and nonirrigated. It is in the Stony Loam range site. 108—Uracca, moist-Mergel complex, 6 to 12 percent slopes, extremely stony. This map unit is on alluvial fans and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thicker surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil Is deep and well drained. It formed in alluvium derived dominantly from mixed igneous and Exhibit 'A' March 23, 2005 GEirfield County Planning Dept. Glenwood Springs, Colorado Re: Exhibit 'A' for Burke Special Use Permit. All Property owners located adjacent to Burke property and within 200 feet 1. BLM Box 1009 Glenwood Springs, Co. 81602-1009 (location at 50629 US HWY 6&24) 2. Eleanor W. Spence Box 111 Carbondale, Co. 81623 (parcel #320, location at 0479 CR 112) 3. James R Pitts Elizabeth R McMichael 0485 County Road 112 Carbondale, Co. 81623 (parcel #286) 4. Arvid H Johnson Revocable Trust Arvid H Johnson Trustee 4107 Newton Ave. #2 Dallas, Tx 75219-3030 (parcel #360, location at 0475 CR 112) 970-947-2800 970-963-3954 970-963-8230 970-704-0453 HEM ARCINEI ©i 11 ORM February 4, 2005 Garfield County Building and Planning Departments Board of County Commissioners Re: Letter of Representation Architecture and Planning 46 Weant Blvd • Carbondale, Colorado 8162 970.963.0566 To Whom It May Concern: This letter is to acknowledge that Dan Muse, as my architect, has my permission to represent me in the 'Special Use Permit application process. This application regards the construction of a 'A.D.U.' on my property, Bearwald Exemption, Parcel A. atrick T. :urke sent by; muse -Inc; FROM: Muse Arch_ ects, Inc. Architecture and PS nning 46 Weant Blvd,. Carbondale, Color4llo 81623 970. 9610566 303 963 0566; Sep -8-05 10:01AM; Letter of Tran' ittal Date : 9-08-05 Project: Burke SUP Page 1/3 RECEI'VJ iY 0n: Richard Wheeler SEP 0 8 2005 To: Carfiel County Planning Dept.GAR HELD COUNTY BUILDING & PLANNING fax# 97U-384 3470 - WE AKE SENDIN i YOU: via fax 3 sheets The following items : X Copy of Well Report(s) including this sheet DESCRIPTION Item 1.) 4 hr pump test dated 8-18-05 By Samuelson Pump Co. Item 2.) water quality test dated 8-18-05 By Grand Junction Laboratories TFIFSF ARE TRANAfit11TEI) as checked below: X Aaltequested X Forbour use ii REMARK: Richard, 1 believe these (reports) were the only two items requested as a condition of our ADU special use permit, that was before the BOCC on August 1", this year. Please advise us if any otbr information is required for SUP. Thanks for your help, Dan COPY TO - SIGNED: ifcnelosures are nos es nutext kindly noI6. us at once. Flbruary 28, 2005 Gorge Kikham 0483 County Road 112 C+rbondale, CO 81623 A'TTN: George Obi February 25, 2005, a well test was conducted on a well on the Kirkham's Properly. The following information was obtained; Well Depth 300' Approx Casing Size 4" Standing water level 277' Total test time 1.5 Hours Drawdown to 281' Production is > 8 GPM This test was conducted with the existing pump. The well water level fully recovered baWt to 277' in 2 Minutes. If you have any questions please call me, Raun Samuelson at 970-945-6309. Sihcerely; Rin E Samuelson Sauelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309. • Fax (970) 947-9448 Water Systems • Sales. Service Rr Instnllntinn Sent By: muse Inc; Rug 30 05 d:36p (611812005Oa, 7 _ 303 963 0566; Sep -B-05 10:02AM; Page 2/3 p.2 PAGE 2/2 ter August 18, 2005 George Kikbam 0483 County Road 112 Carbondale, CO 81623 ATM: George On August 17, 2005, a well test was conducted on a well on the Kirkham's Property. The following information was obtained; Well Depth— ---------• - 300' Appron Casing Size 4" Standing water level— ---------264' 2" Total test times 4 Hours Dmwdown to 266' 4 1/2" Production is --------- 8 GPM This test was conducted with the existing pump. The well water level recovered back to 265' 7-1/2" in 60 Minutes. If you have any questions please call me, Raun Samuelson at 970-945-6309. Sincerely; Rauh E Samuelson Samuelson Pump Co. P.O.8ox 297 • Glenwood Springs. CO 81602 • (970) 94o-6309 • FW (970) 9-47-9448 Water Systems • Sales. Service & Installation bent. by; muse-inc; Rug 30 05 d, 00/22) :36p 2005 09:28 303 963 0566; Sep -8-05 10:02AM; 970907- .e SAM ELSON PNP CO 1 Page 3/3 p.3 PAGE 01/81 j -RANI; J11i1)'f10N-TAUU11h1U�(1[S (61-117-2301 wu•TH SRRll • ►110ei (171) 1a47N1 • Vaal (e7/1 ma Tel • Yawl JYMRMP. c1b/a.s• •1801 — ANALYTICAL SEPOST — `ii 4NESamWelson Pulp Co. Raun Samuelson PO Sok 247 ! Slehaaod Springs, CO 01602 CS70)94s-4304, fait 947-9448• 9553 patty L1a�loarf 1akmM4Y04.m Doak 0/19105 mw Lrwwd Lab n4Aber Sampldii» Total Total 9/16/03 Dae 1.7_e folifarm Bacteria Dissolved Solids Nitra tN) NitritkIN) 9353 Limit for • Kirkham Roue. Public Drinking Supplies Colorado Sept. Health O col/1O0el 309 mg/1 0.43 mg/1 0.00 sg/1 must be lost than 1 OW mg/1 10 mg/1 1 mg/1 Lib Director! O. Basilar NR/ -25" THIS FOP'S I UST BE sU•'M:. IED PRIO!; TO •L' EXPIRATION Or THE .'ERMIT. TYPE OR PRINT IN BLACK INK. COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherms Denver, Colorado 80203 _—STATEMENT OF BENEFICIAL USE OF GROUND WATER --X_.-. -AMENDMENT OF EXISTING RECORD PERMIT NUMBER41--- 391 STATE OF COLORADO COUNTY OF_—..-'GP'F'IELD THE AFFIANT(S)...z.— Mark Bearwald Colorado 81623 whose address i<•.:iBox S Carbondale, -- ce the owner(2) of the well des being duly sworn s`Ipon oath, deposes and says that he 1$d0{) is � ) N 65°30'05" East 3027.40 feet -€-ram- '" SS. d lh11b,- 1/4 of theme! -- 1/4 of Section_n___ -•-i— East Quartets Cornb `df said Sec. 23 Township 7 cribed hereon. the r :r SQtLt_ well is Range_ locale N ea-cli-- ��,�.BFl.� 1SQt74tlq(r West __P.M. JtX N>'4g'Xe+ NOf>XNSNAQHL .4. 88 .-- (NOri S<wtl CEpp1:000IIAB; the total depth of the well is._330 feet: water from this well eXktultxhe' at or West)— was first applied to a beneficial use for the purpose(s) described herein on the—_24t_—h—daY of October' 1671 the maximum sustained pumping rate of the well is- -16— ...gallons per minute. the pumping rate claimed r E reby is gallons per minute; the average annual amount of water to be diverted is.-. --....acre feet: for whi:n claim is hereby purpose(s); the legal description of the land or which the water made for.—_�i�QstiC'___--- ----- __-- - - from this well is-l)beused is_ ._NENSWa.__ -_ --.-- -._ -— — --- which totals—__—acres and which is illustrated on the map on the reverse side of this form; that this'i'en was completed in comphrice Oh the permit approved therefor; this statement of beneficial use of ground water is filed Irl compliance with lawl he ktfioq) 1.a ). °ad the statements made hereon; knows the content thereof; and that the sa are true of his (their) knowled Signature(s).( Subscribed and sworn to before me on --day of — �1pri7a- - (Sean My Commission - _es: June_30 1077— ha", Notary Public ACCEPTED FOS FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON' THIS DAY OF — —. 19 STAGE ENGINEER wNITE COPY FOR PINK COPYI RESOURCES FOR WELL OWNER FOR OFFICE USE ONLY Prior. Date — - Well Use— -- -- --I/4•-1/a. --1/2 Sec T. _--- — Yield ----" . Index C __ d - ,VCS P M NORTH L THE 10174T10N OF THE .LL MUST BE SHOWN AND THE AREA .1 WHICH THE WATER 15 USED MUST BE SHADED OR CROSS•HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, i1 possible. e THE SCALE OF THE DIAGRAM 1S TWO INCHES EQUALS ONE•MILE Meter St/ial No. Owner o,tland on which water is'II!eing used 0 Flow Meter 0 Electric Meter 0 Fuel Meter MARK H BFARWA[D and CEGIIA ANN B1l'WALD, ioint tenants WATER EQUIVALENTS TABLE (Rounded Figures) An acre -i pot covers 1 acre of land 1 loot deep. 1 cubic f tot per second (cfs) ... 449 gallons per minute (gpm). 1 acre•f¢ it ... 43.560 cubic feet ... 325,900 gallons. 1,000 gF n pumped continuously for one day produces 4.42 acre•feet. 100 gprn pumped continuously for one year produces 160 acre•feet. }+—i Mile I' - 11 + - + - + - 1 + 1 - + 1 - + - 1 + - 1 + - NORTH SECTION + - LINE + I - + 1 i f+ — I + w_ z0 w + + r- 1 I I - + I + F w- /, / + 1 r + I 1 - + — 1 + SOUTH SECTION 1 + 12I -NE — + — + 1 — + 1 1 i 1 1 1 r 1 1 1 + r 1 e THE SCALE OF THE DIAGRAM 1S TWO INCHES EQUALS ONE•MILE Meter St/ial No. Owner o,tland on which water is'II!eing used 0 Flow Meter 0 Electric Meter 0 Fuel Meter MARK H BFARWA[D and CEGIIA ANN B1l'WALD, ioint tenants WATER EQUIVALENTS TABLE (Rounded Figures) An acre -i pot covers 1 acre of land 1 loot deep. 1 cubic f tot per second (cfs) ... 449 gallons per minute (gpm). 1 acre•f¢ it ... 43.560 cubic feet ... 325,900 gallons. 1,000 gF n pumped continuously for one day produces 4.42 acre•feet. 100 gprn pumped continuously for one year produces 160 acre•feet. JOHN D. LAWYER ATTORNEY AT LAW S29 GRAND AVENUE P O. Bon 129 GLE4IW000 SPRINGS, COLORADO 31601 April 15, 1974 1 Colorado Division of Water Resources 101 c:c lumbine Building 1845 therman Street Denver-_, Colorado 80203 1 Gent9men: Enclosed herewith is the amendment of existing record with res::_ect to permit number 41391 for the survey showing the location of the well ',:ttached to the amendment. I also enclose my check in payment of t7 $1.00 filing fee. If there is anything further necessary kindLf advise. I I Ver) truly yours, TE‘CPNONE (303) 945 H29l Re: Permit No. 41391 JDL/31cr Encic ure xc: U}lark Bearwald John D. Lyk✓yer/ {I T / 448(98 W OF 77 lE 6/f FIRM ivy 650 30 0 IEARWAL D NO. 2 WELL NE %4 S W 74 (sec. 23) MAP OF BEARWALO NO. 2 WELL GARFIELD COUNTY COLORADO EAST %4 CORNER SEC T/ON 23 NTE Sz d well is situated in the NEeSWi of Section 23, Township 7 South, Rai ge 88 West of the Sixth Principal Meridian located at a point whence: tt. East Quarter Corner of said Section 23 bears: N.65.30'05" E.3027. 40! Leet. { SCARROW AND WALKER, INC. Robert A. Wamsley Registered land Surveyor IN TME DISTRICT COURT IN AND FOR WATER DIVISION N0. 5 STATE OF COLORADO Application No. 80CW66 IN TRT MATTER OF THE APPLICATION FOR WATER RIGHTS OF MARK BEARWALD IN THE ROARING FORK RIVER OR TTS TRIBUTARIES TRIBUTARY INVOLVED: CRYSTAL SPRING CREEK IN GARFIELD COUNTY ) ) ) ) ) ) ) FILE D 1N WATER COURT Division No. 5 AUG 1 91980 STATE OF COLORADO osfYIAT EA CLERK BY ogru�rPVEY RULING.OF REPERBE The above entitled application was filed on March 31, 1980, and amended on April 30, 1980, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 18th day of April, 1980, and again, after amendment, on May 8, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known ae The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the amended application are true and having become fully advised with respect to the subject matter of the .amended application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the amended application are true. The name of the structure is Bearwald Well No. 1. 3. The name of the claimant and address is MarW Bearwald; P.O. Box 1816; Ouray., Colorado. 4. The source of the water ie a well having a depth of 330 feet, and being tributary to Crystal Spring Creek, tributary to the Roaring Fbrk River. 5, The well is located in the NEY. SW}i of Section 23, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the East Quarter Corner of said Section 23 bean, N 65a30'O5" E. 3027.40 feet. 6. The use of the water is domestic, household purposes, livestock nater, fire protection, and lawn and garden irrigation. 7. The date of initiation of appropriation is April 26, 1970. oN co -V-, 8. The amount of water claimed is 0.022 cubic foot of water per second of time, 4 absolute. 9. Permit No. 41391 was issued by the Office of the State Engineeroon May 26, 1970. 10. The well was completed and the water first applied to beneficial use on October 24, 1971. 8oCW66 The Referee does therefore conclude that the above entitled application should to granted and that 0.022 cubic foot of water per second of time is hereby c.warded to Bearwald Well No. 1, for domestic, household purposes, live - stock we:.ter, fire protection, and lawn and garden irrigation uses, with appropriation date of the 26th day of Apri1,'1970, absolutely and unconditionally. Thr., above described underground water right meets the criteria for an exempt domeeti:: well pursuant to CRS 1973, 37-92-602(1)(e), so long as it is used for the purposes set forth herein, and by statute. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judieial review pursuer: to Section 37-92-304 CRS 1973. It. is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this /4 ± day of Ana? S T , 1980. No pretest wos filed in this molter The foregoing ruling is confirmed and opproved, and is made the Judgment and Dec .e • thi • urt Dated - TER )UE BY THE REFEREE: Wa Referee Wa er Division No. 5 State of Colorado JUN 14 1990 Recorded 31 teclock Racplion Na ill a`60 QUIT CLAIM DEED THIS DEED. Made this 1Sth flay o( June beomen BARBARA L. FI.UER and LARRY L. FI.UF.R or the Colorado. grantor. and .190 , 'County of Car f Leld and Sum n( DIARY T. K IRKIIAf1 and PATRICK T. BURKE • whose lcg:AadJrea is 8844 King Memo ial Road, Vencor, Ohio 44060 of the Cnunry of 781 -••:364 id Slam ul Colorado. gonia WI I NESSCrII. I. liar the grantor, for and m sonaiderrlon of the sinn „I TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION-001:flItS the receipt and iilirieney or which is hereby acknowledged. kis remisesl.,eieascb sold. tunreyed and QUIT CLA IMED. and h• the presents does mother release. sell. convey and QUIT CL\IhI unto the grInrecs. their heirs. successors and msiem lore et. cur moanq in common. but in joint tenancy. all the right. tido. rrrlercaiclaim and demand "hick the grantor has in and to the real properly is eiIiet with improremenis. 11 any. situate. lying and being in the Cwniv of Garfield and Slate of Colorado. described axlollons- An undivided one-half interest In and to the Bearwald Well No. I as the same was adjudicated in Case No. 80CW66 in the District Court for Water Division No. 5, Colorado, subject to the restrictions contained in Declaration for Joint Use of a Water Well of even date herewith executed by Grantor and Grantees. alar Pardon hs wcel and number as TO HAVE. AND II -11101.0 rhe tante. Arecibo ss iil all and singular the appunenarces and pn s'degcs tIsereonto hclnneme or to angers the reunlnappnaining. and all the earate.nglo,thle.interCat and ebinnehmsocvir.o(the grantor. either in lata or cguii•. to the only proper u,a hcncri4 and Reboot or the graneas. their heirsand assigns forever. The singular number shall include the plmlthe plural die :ins r W rhe the ill ana gender shall be applicable to 311gendcrs. IN N FfNESS \\lIIRF.01' Tlic r hu eatue1 din deedsn the date selh Ill above 1c//'�/ Pi. //, ('.f / rel%frLt / kP BARBARA L. FLUER• LARRY L. FLU CR 5'L\TE OF COLORADO. t, ss. County of 1C: ee. t.'e-C :1 'f lsc foregoing immmrrnnsus skeuss lodged lel.rc inc flus /•j/ day of �.. ,aC. . 19 C' . My(1,11,,,,,n es i sy/ CI 'if in Demo. in..n Cev and 6��� •. vn:. bet ea.1, pro rLAM a I o • ,. to l •/. �/ . 19'/3 \Vnness n t bind mid ,n foul coal L". / AMENDMENT TO DECLARATION FOR JOINT USE OF WATER WELL This AMENDMENT TO DECLARATION FOR JOINT USE OF WATER WELL (hereinafter "Amendment") is made and entered into this 17th day of May, 2005, by and between Pz,trickT. Burke (hereinafter "Burke") and H. Arvid Johnson (hereinafter "Johnson"). RECITALS WHEREAS, a Declaration for Joint Use of Water Well ("Declaration") was made and entered into by the parties' predecessors -in -interest on June 15, 1990 and is recorded at Book 781, Page 367 at Reception No. 413552 recorded in the records of the Garfield County c:.erk and Recorder concerning the Bearwald Well No. 1 ("Well"); and WHEREAS, Burke owns Parcel A, Bearwald Exemption as successor of Mary T. Kirkham , and Johnson owns Parcel B, Bearwald Exemption as shown on the Amended Final Plat Bearwald Exemption recorded at Reception No. 413455 in the records of the Garfield County Clerk and Recorder; and WHEREAS, the parties constitute the owners of Parcel A and B as shown on the Amended Bearwald Exemption Plat and the Well and wish to continue to equally share the output of the Well while clarifying their agreement on the permitted uses of the Well; and WHEREAS, subsequent to the execution of the Declaration, Johnson bought Parcel 13 and, together with Mary T. Kirkham, filed Form GWS -11, change in ownership of the Well's Permit No. 41391 with the Office of the State Engineer, State of Colorado reflecting his one-half ownership share in the Well as a result of his purchase of Parcel B. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency cf which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are fully incorporated herein as representations and agreements of the parties by this reference. 2. Amendment of Paragraph 3. Water Entitlement - Exempt Well Status. The parties recognize and agree that the uses allowed from the Well are exempt from water rights administration pursuant to statute, C.R.S. § 37-92-602 (2004), and the decree for the Well's water right in Case No. 80CW66, District Court for Water Division No. 5, State of Colorado. The Division Engineer has determined that the uses of the Well as contemplated herein are consistent with that exemption. Parcels A and B shall continue to share equally in the flow rate productivity of the Well. Based upon the historical and intended development of uses from the Well, the parties agree to the following allocation of the legal uses of water that may be made from the Well: Parcel A and B B A 3. Augmentation. Use Domestic and household use in 1 single family dwellingon each Parcel; 1/2 acre of lawn and garden irrigation on each Parcel; and fire protection Domestic use in barn bedroom and bathroom; livestock watering Domestic and household use in 1 additional single family dwelling A. In the event that the law or the policy of the State Engineer's Office results in a determination that the uses allocated as stated in paragraph 2 above exceed those allowed for an exempt well, the parties agree to share in the expense of drilling a second well and installing a pump in that well which will then be used to supply one of the residences on Parcel A. The maximum cost which the owner of Parcel B shall contribute for the drilling and installation of that well shall not exceed $5,000. That amount shall be increased at the date of any required second well drilling and installation based upon the change in the Consume Price Index All Urban Consumers Western Region (Average for All Items Index 1982-84=100) published by the Bureau of Labor Statistics of the United States Department of Labor, and based upon an initial CPI number as published by that Bureau of 197.1 for the month of March, 2005. B. Upon execution of this Amendment, Burke shall obtain a contract from the Basalt Water Conservancy District in an amount sufficient to provide augmentation for the depletions from the second well and shall maintain that contract in full force and effect, providing Johnson notice of the completion of that contract. AN'ENDMENT TO DECLARATION FOR JOINT USE OF WATER WELL r e2 E. ARVID JOHNSON By STATE OP COLORADO ) ) ss: COUNTY OF GARFIELD ) On this V7- day of May, 2005, before me, the undersigned, personally appeared II. Arvid Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and office seal. My commission expires: A)WZJMINT TO L*aspAIION FOR JOINI USE OF WATER WILL Page 4 1-1-0 Not Public C. If Burke is unable to obtain such a Basalt Water Conservancy District contract or obtains that contract but thereafter fails to maintain the contract in full force and effect or the contract is terminated, the domestic and household use for one single-family dwelling on Parcel A shall be the last priority available for use from the Well. 4. Binding Effect and Successors. Upon execution hereof by the parties, this Amendment shall be in full force and effect and shall be legally binding on each party, and the covenants, obligations, terms, conditions, provisions and agreements contained herein shall inure to the benefit of and be binding upon the successors and assigns of the parties. Upon such full execution, this Amendment shall be recorded by the parties in the records of the Garfield County ©erk and Recorder. The parties also agree to file a revised Form GWS -11 with the Office of the State Engineer reflecting their ownership of the Well's Permit No. 41391. 5. Effect on Declaration. All terms and conditions of the Declaration not addressed herein shall remain in full effect and shall be unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above. Nrw y 0(2_1(-., STATE OF GGIZZG ) New yogi&ss: COUNTY OF ) On this 1 day of May, 2005, before me, the undersigned, personally appeared Patrick T. Burke, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and office seal. My commission expires: q'?J / 00 (P AMENDMENT TO OEQ.SJAnON FOR JON[ USE OF WARM WELL Page:I LAURA J. STRACHE Notary Public, State of New York No. 01ST6079803 Qualified in New York County Commission Expires September 3, 2006 Rw,,orh.d,u <�-u'cloex P It JUN 14 1990 Fineryon no I:13 )t5,i 19'LO:lcD ALSOORF. Aro f t791 GARFIELD COUNTY. COLORADO DECLARATION FOR JOINT USE OF A WATER WELL 781x_367 THIS DECLARATION is made to be effective the 15:.h day of June, 1990, by LARRY L. FLUER, BARBARA L. FLUER, MARY T. KIRKHAM and PATRICK T. BURKE (Declarants). WITNESSETH: WHEREAS, Declarants are the owners of Parcels A and B, Amended Bearwald Exemption Plat, as depicted upon plat: thereof recorded June )2 , 1990, as Reception No. 413455 (Subdivision); and WHEREAS, Declarants desire to establish by this Declaration a plan and system of joint use of a water well and appurtenant facilities tor the use and benefit of tie owners of the Subdivision; and WHEREAS, the water well the subject hereof is known as the "Bear•waid Well No. 1" as the same was adjudiated for 0.022 cfs in Case No. 80CW66 in the Di..t ri.'. Court ii or water Division No. 5 (Bearwald Well); and WHEREAS, the Bearwald well facilities are conposed of one well with casing, one submersible pu.np (2 hp. model, 8 P Sta-rite) and one pressure tank (Model 251 'del.. -R -Trot) (Bearwald Well Facilities); and WHEREAS, the Bearwald Weil is located on Parcel A of the Subdivision as is depicted upon the plat of the Sutdivision; and WHEREAS, this Declaration is in furtherance: of the provisions of Resolution No. 83-50 of the Board dt County Commissioners of Garfield County, Colorado, wherein the original Bearwald Suodivision was approved and 5 gpm of water from the Bearwald Well was allotted to each of Parcais A and 8; and WHEREAS, it is the intent and desire of Declar::nts that the provisions hereof shail run with the land; NOW, THEREFORE, Declarants do hereby state and declare as follows: 1. Dedication of Bearwald Well and Bearvaid_Well Facilities. The Bearwain Well and Bearwald Well Facilities arc hereby dedicated to the joint use or the owne"s of the Suodivision. r BL -r 781 f'OE368 2. Limitation on Water Use. The uses of !Ie water from the Bearwald Well shall be as set forth in the Decree therefor in Case Mo. 80CW66; provided, however, that the parties hereto agree and declare that the water from the Baarwald Well shall not serve as either the physical or legal supply of water for any further subdivision of either Parcel A or B of the Subdivision. 3. Water Entitlement. Each parcel in the Suadivision shall be entitled to an equal snare of the water available in the Bearwald Well. 4. ' Costs of Operation, Maintenance and Regir. All costs and expenses for cne operation of the Bearwald Well and Bearwald Well Facilities snall be shared by the owneri of each parcel in the same proportion as the usage of such water by each parcel shall be determined by the water meters installed for each sucn parcel. All costs and expenses for the maintenance and repair of the Bearwald Well and Bearwald Well Facilities shall be shared equally by the owners of each parcel. 5. Water Meters. The usage of water from the Bearwald Well by each parcel shall be meteceo through water meters heretofore installed on the service lines to each parcel. Hereafter, the owners of each parcel shall be responsible to insure that the meter on their service line is operational and is identical as to kind or calibrated so that both water meters measuring use of water from the Bearwald Well are identical. 6. Service Lines. .A1I service lines extending to each parcel shall be installed at the sole cost and expensie of the owners of such parcel Erom the point of connection to the BearwaLd Well Facilities to the point of use on each parcel. Ail such water lines and water meters shall only be installed upon plans and specitications drafted and approved oy an engineer qualified in the installation of such facilities. 7. Easemencs. Earn of the parcels of the Sujdivision shall be subject co such easements and rights-of-way as are necessary to allow the owners of such parcels to make use of, repair anti maintain the Bearwald Well Facilities as set forth herein. 8. Operation and Control. The operation and control of the Bearwald Well and Bearwald Well Facilities shall be under the control and supervision of such person as shall be designated by the unanimous vote of the users of nail system. It agreement cannot be reached, such designee shall be determined by the drawing of lots. Such control and 2 781 pp -1369 supervision snall extend to, but not necessarily be limited by the right and obligation to collect from the owners of each parcel their respective snares of the electrical power charges, to oversee the maintenance and repair of the I3ea rwala Well and Bearwald Well Facilities, and to charge and collect from the owners of each parcel their share ot costs and expenses of such maintenance and repair. Payment for all electrical power charges and maintenance and repair shall be due no later than ten (10) pays following the date ot posting of billings therefor; provided, however, that b_1ls for electrical power charges snail be posted no more Frequently than once each calendar quarter. 9. Default. Failure to pay when due all charges imposed for use of the Bearwald Well and Bearwald Well Faciticies or failure to otherwise comply with any duties or obligations imposed upon any ownec of either parcel by the terms and conditions hereof shall cause the suspension of the right to use such system to the party in default. In the event the suspension of the right to use the water system is caused by failure to pay when due all charges imposed for use of the Bearwald Well and Bearwald Well Faciiicies, the right to use such system shall be restored upon the defaulting party paying all charges in arrears, together with interest thereon at a rate five (3) points higher than the then current interest rate being charged by Alpine Bank of Carbcndale to commercial borrowers. All interest paid on oast due charges for use of the Bearwald Well and Bearwald Well Facilities snail be placed in a water tund for future improvements and maintenance of the Bearwald Well and Bearwald Well Facilities. Further, the non -defaulting parties may have and pursue such remedies against the defaulting party as shall be available to them either in law or in equity. 10. Appurtenance to Land. The Bearwald Well and Bearwald Welk Facilities are hereby established and declared to be for the sole use and benefit of the occupants of the Subdivision and shall be deemed to the extent herein established an appurtenance to each of such parcels and may be conveyed, transferred, encumbered or otherwise hypothecated only as an appurtenance to each of the parcels the subject hereof. 1L. Amendment. This Declaration may only be amended or modified by the unanimous consent of all owner:: of the Subdivision who are at that time users of the Bear.rala Well and Bearwald Well Facilities. 12. Bindin3 Effect. The terms and condition:; hereof shali extend to and be binding upon each of the owners of the Suodtvtsion, their successors and assigns of all kinds. •In 781 rtrd370 IN WITNESS WHEREOF, the Decla rants have hereunto set their hands and seals the day and year eirst above written. /72.g ..j- LAFtli L. ELVER • - ; • C -;:1,))/..c. s 7,-)16•_( BARBARA L.' FLUER • T. KIR HAM • PATRICK euRke Mary T. Kirkham hiscpcterneyi ' / ST\ 'PE OF 'COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ./../7-4, day of , 1990, by Larry L. Fluer and Barbara L. Fluer. Witness my hand and of ricial seal. '',azt •Notary Public Address: 753c; As -i /3r5 (2, , C?c) My commission expireS: WM—A .2:4, /5725 STATE OE ss COUNTY OE The foregoing instrument was acknowledged bo fore me Lhis // 14 day of _June__ L990, by Mary T. Kirkham, individually and as attorney in fact for Patrick T. Burke. Witness my hand and o:fificial seal. 'notary Public Acid r teS:s; • My co.nmiss ion expi CeS: