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HomeMy WebLinkAbout2.0 CorrespondenceArea Code 303 Facsimile 925-9398 John D. LaSalle ATTORNEY AT LAW COURTHOUSE PLAZA BUILDING 530 E. Main Street, 1st Floor Aspen, Colorado 81611 June 14, 1991 Andrew McGregor Garfield County Building, Sanitation and Planning Garfield County Court House 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Kristin Lawrence Lot Line Adjustment Dear Andrew: Area Code 303 Telephone 925-6633 JUN is 1991 _A:___ ji I GARFIELD COUNTY As I advised you on the telephone today, I represent Kristin Lawrence in connection with a parcel of land, located in Garfield County which she owns as a tenant in common with an individual named Steve Miller. Ms. Lawrence has a two-thirds interest in the 14.8 acre parcel while Mr. Miller has a one-third interest in the parcel. Mr. Miller also owns an approximately 15 acre contiguous parcel. Ms. Lawrence and Mr. iviiiler desire to effectuate a lot line adjustment so that Ms. Lawrence would end up with a 10 acre parcel solely in her name while Mr. Miller would end up with a 19.8 acre parcel solely in his name. No new lots would be created and there would be no loss of access by road or to utilities. Thus, I believe that the parties should be able to accomplish their adjustment utilizing your affidavit procedure without violating any subdivision, zoning or other land use regulations of Garfield County. However, as you know, Ms. Lawrence will have to go to considerable expense to have the property surveyed in order to accomplish the lot line adjustment and before she goes to that expense, I would greatly appreciate it if you would confirm that this transaction can indeed be handled by the affidavit procedure. Although both Ms. Lawrence and Mr. Miller took title to their parcels by metes and bounds legal descriptions, it is my understanding that the area where their parcels are located has at least been informally referred to as the "Lakeview Subdivision". Thus, I was concerned about the representation in the affidavit that the parcels are not part of a previously plated subdivision. McGregor Page 2 June 14, 1991 In addition, I do not know the underlying zoning in this area and thus am not sure whether the 10 acre lot which Ms. Lawrence would end up with would conform to the zoning in that area. I enclose a copy of Ms. Lawrence's title insurance policy and assessment from the Garfield County Assessor to assist you in identifying the parcels of land in question. Please do not hesitate to contact me if you have any questions in connection with this letter. Thank you for your anticipated courtesy and cooperation. JDL/mj Enclosure cc: Kristin Lawrence LET-JDL\MCGREGOR.001 •l , x v7 -4 H r-> ♦ r c- c: c; {- ,i 47, 4,4 r iR 2 2 Z F F gE 5 • 0 23c D < 0 O Q m0 D <m Drm C 0 = m 0 I- xi > 0 N m p, n 0 Z g- ;11 - c J W o m o 3•° y m ° 0 3(8 0- o0i 0 m o o < m m °-' n+ 30 3 ts A r < x X 2.� -- w a m Z y y -0 y r0 x 19 y \ 0 m Wn mm m m w o y co < CD <(9 y 0 g0 inm o.m mcCD al On m W„, ti y Z m •-• y (D 0 Sm cpm (. » 3 (/I z �7 ,0., co (3p <m fns �+� z " DX m c m ° . m mD 71 C3 Z m �< C C 0) a, CD 13 C d O m 0 7 s d d a o D E. y o 13 a 11IB XVI V 10N SI SIH 1j .: 1 + OWNERS FORM FORM 3557 Number 06 005 04 04854 G-10-510-78 1. Name of Insured: SCHEDULE A Date of Policy January 5, 1979 4:40 P.M. Kristin Lawrence and Steve Miller nnttof lnsurknce 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: A parcel of land situated in the SE4SE4 of Section 24, Township 7 South, Range 88 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at an iron post with a brass cap, being the corner common to Sections 24, 19, 30 and 25 of said Township and Range; thence along said South line SE4SE4, N. 88°38'13 W. 639.18 feet to the True Point of Beginning; thence continuing along said South line SE4SE4, N. 88°38'13" W. 641.52 feet whence the Southwest corner to the SE4SE4 bears: N. 88°38'13" W. 17.13 feet; thence leaving said South line SE4SE4, N. 01°47'00" E. 1005.55 feet; thence S. 88°58'01" E. 641.56 feet; thence S. 01°47'00" W. 1009.25 feet to the True Point of Beginning. County of Garfield State of Colorado This policy valid only if Schedule B is attached. Whitehead, Dwight To: Lis, Craig Cc: Cunningham, Tamara; Bell, Orlyn Subject: Comments on BWCD #3.3.5.50 & Permit # 103803 Craig, per your e-mail to Orlyn with the attachment responding to BWCD, cancellation of contract # 3.3.5.50 (Lakeview HO) I'd like to note the following: 1) Permit # 103803 appears to be in good standing for full Domestic 37-92-602(3)(b)(II); (see well sharing agreement and ownership in permit file). Also a recorded document, reception number 377295, is recorded at the Garfield County Clerk and Recorder addressing the water agreement. 2) Permit # 1033803 was decreed as an exempt well in Case # 85CW616 as the Reinarz Well (ID 38,6142). 3) Permit # 1033803 identified a 45 acre tract which can be defined in Garfield County Resolution # 77-120. This tract needs to be plotted on the well maps (Fax sent 9/11/97) in the Denver Office. 4) Additionally Resolution # 77-120 created three parcels noted as 15 acres each in size. Please note access report showing the three parcels and noting the "PIN". A corrective quit claim deed was recorded changing parcel size on two of the parcels (see county plat map, parcels 144 & 145 which were retired and 332 & 333 assigned, faxed). At this time I do not see any problems regarding administration with the cancellation of BWCD contract #3.3.5.50. Additionally the Reinarz Well (Permit No. 103803) can operate as a shared well under the exempt statute as long as the maximum use does not exceed three single family dwellings, one acre of lawn and garden irrigation and the of non- commercial domestic animals. Please call if you have any questions regarding this matter. DWIGHT Page 1 SEP -10-1997 17:13 °FFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 penver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 DIV WATER RESOURCES 303 866 3589 P.09/09 STATE OF COLORADO September 9, 1997 Carolyn M_ Strautwan Basalt Water Conservancy District 3028th St, Ste 110 Glenwood, CO $1601 Re: Termination of Basalt Water Conservancy District Allotment contract No. 3.3.5.50a; Lakeview Homeowner's Association Dear Ms. Strautnaan: Roy Romer Cowcnoe James 5. Luchbead ExcoAke Director Nal D. Sinpnon State Engineer Thank you for the notice of contract expiration, and my apologies for the delay in responding. We appreciate the Conservancy's efforts to keep us informed of these situations as they arise, and will do our best to provide timely responses in the future. We have determined that the well associated with the subject contract was issued under permit no. 103803, which is an exempt well and does not require a contract as long as the uses are limited to those allowed by the permit conditions. The well is limited to domestic usc, including the irrigation of not over one acre of home lawn and garden. Use of this well in a commercial business is not permissible. Please contact me if you have any information to the contrary. Sincerely, Craig M. Lis, PE. South Region Water Supply Branch C1vMLlbasaltco.doc Cc: Orlyn Bell, Division Engineer, Division 5 Joe Bergquist, Water Commissioner, District 38 Enclosures: Well Permit No. 103803 TOTAL P.09 Township: 2393 Section: 24 1/4 Section: 4 Block: 00 Lot: 146 County: Schedule: 011456 District: 011 Name-1: KRUIDENIER, LISA Name-2: Address-1: 5355 - 100 ROAD Adderss-2: CARBONDALE State: CO Zip: 81623 Street #: 005355 Street Name: 100 ROAD Sub Code: Condo Code: Total Land: 17330 Total Improv: 43820 Total Acres: 14.8 Total SQ FT: 0 TTL Land Act: 165000 TTL Imp Act: 417300 Year Built: 81 Well Permit #: 103803 (BWCD # 3.3.5.50 request CANCEL contract) DWR ID: 38,6142 (Reinarz Well, 85CW616) 11168 Township: 2393 Section: 24 1/4 Section: 4 Block: 00 Lot: 332 —� 1' o M, / County: Schedule: 1 1 1829 District: 011 Name -1: MILLER, STEVEN & DAWN Name -2: Address -1: 3401 N MOORINGS WAY Adderss-2: COCONUT GROVE State: FL Zip: 33133-6537 Street #: 005359 Street Name: 100 ROAD Sub Code: Condo Code: Total Land: 15750 Total Improv: 30740 Total Acres: 19.79 Total SQ FT: 0 TTL Land Act: 150000 TTL Imp Act: 292750 Year Built: 85 Well Permit #: shared well 1/3% of #103803 DWR ID: Located on PIN 2393-244-00-146 11169 Township: 2393 Section: 24 1/4 Section: 4 Block: 00 Lot: 333 / �S County: Schedule: 1 1 1830 District: 011 Name -1: LAWRENCE, KRISTIN Name -2: Address -1: PO BOX 173 Adderss-2: WOODY CREEK State: CO Zip: 81656-0173 Street #: 005357 Street Name: 100 ROAD Sub Code: Condo Code: Total Land: 11550 Total Improv: 17680 Total Acres: 9.89 Total SQ FT: 0 TTL Land Act: 110000 TTL Imp Act: 168340 Year Built: 92 Well Permit #: shared well 1/3% of #103803 DWR ID: Located on PIN 2393-244-00-146 11170 SEP -10-1997 17:08 DIV WRIER RESOURCES W17.145.7.1.. THIS FORM MUST BE SUBM)TTED PRIOR T4 THC £XPIRATAON OF THE PERMIT. TYPE OR PRINT IN BLACK INK, COPY OF ACGEPTCD STATEMENT MAILED OH REQUEST. 303 866 3589 P.01/09 RECENED COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. MAY Denver, Colorodo 80203 WATER REMISES STATEjelleAVIT STATE OF COLORADO COUNTY OF GARFIELD } SS. S STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD THE AFFIANT(S) Don whose moiling 5355 100 Read address is City - — PERMIT NUMBER 103803 Carbondale, Co 81623 (7+A+cl (no) LOCATION OF WELL Cou 'y Garfield SE1/4 1.014„ .SE1/4 Iii sectio++ 24 7 S. 88 W Gth P.M, T...p- Int OR 5) Rnq. (E (14 W) being duly sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon; the well is located as described above, at distances of 10 feet from the South InOn♦• section line and 270 feet from the tO'JTM) East section line; water from this well was first applied to o beneficial use for the purpose(s) described herein on the 15 gallons per minute, the pumping (CA7T OM w(, Y) day of September, 19 81 ; the maximum sustained pumping rate of the well is rare claimed hereby is _ 15_ gallons per minute; the total depth of the well is 239 feet; the average annual amount of water to be diverted is 3 acre-feet; for which claire is hereby mode for domestic, irrigation of 1 acre home, garden & purpose(s); the legal description of the lend on which the water from this well Is used is 6th P.M. E1/2SE3SE a, E1/2S1/2SW SE3 , S1/2N3SE1/4CE3, E1/2N1/2SW 4SE 4, Sec. 24, T _ 7S . , R.8814. ,hih totals 45 acres and which is illustrated on the mop on the reverse side of this form; that this well wos completed in compliance with the permit approved therefor; this statementAWciol use of ground water is filed in compliance with law; he (they) has (hove) read the stot,ernerts mod- eon; knows the content thereof; and that the same are true of his (their) knowledge. Signoture(s) Subscribed and sworn to before me on this 15th day of May , 19 85 My Commission expires; lsE •�� TARY U LIC Oy ACCEPTED FOR FILING BY:YHE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOOTNG CONDITIONS; THAT TROSL' CONDITIONS OF APPROVAL .AS STATED .04 THI PERMIT AFF COMPLILD WITH. DATE ST FOR OFFICE USE ONLY Court Case No.'s c 1N W 16 Prior." Mo. D+o7y Z_ Yr Div 5 Sec. Well 1• Well Use Dist �:1__.f� Basin Mon. Pis. SEP -10-1997 17:09 DIV IJ THIS FORM MUST BE SUBMITTED WIT.HIN 6p [3AYS OF COMPLETION OF,THE WORK DESCRIBED HERE. oN. TYPE OR PRINT IN LACK INK. WELL OWNER COLORAD 1 WELL COMPL PER Donald J. ?einara TER RESOURCES DIVISION OF WATER RESOURCi 13 Sherman Street - Roam 818 Denver, Colorado 80203 TION AND PUMP INSTALLATION REPORT IT NUMBER AS -3803 ADDRESS Box 8 0 PasaLt Colorado 8 21 DATE COMPLETED WELL LOG T. 7 S$ Y. of the 303 866 3589 P.03/09 tw�UWig 8ral ages ►S Y. of Sec 214- Ft 14 R 88 19 12 HOLE DIAMETER in. from to From To Type.and Color of Material Water Loc. 0 2h5 Basalt 185 27'15 TOTAL DEPTH 245 Use additional pages necessary to complete log. • ti lj� in. from 38 in. from DRILLING METHOD CASING RECORD: w 6th P M 38 ft to 245 ft. to ti Rotary Plain Casing Size _7 & kind 20.E from 0 Site 5 9i'-4 kind .188 Size & kind from 35 to ft to 20838 ft from to Perforated Casing SizeZi kind •1 from 205 Size & kind Size & kind GROUTING RECORD Material Cement Intervals 0 - 20 ft. to VS ft. from to from to ft. Placement Method Gravit GRAVEL PACK: Size Interval TEST DATA Date Tested July 18 .1979 Static Water Level Prior to Test Type of Test Pump Length of Test 185 ft „ . - Sustained Yield (Metered) l5gpm Total Final Purnping Water Level SEP -10-1997 17:10 T1 -41S FORM MUST RE SUQMITT&b WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON, TYPE OR PR,4NT IN LACK INK. WELL OWNER ADDRESS DATE COMPLETED DIV ATER RESOURCES COLORAO DIVISION OF WATER RESOURCES 1313 Sherman Street - Room 818 Denver, Colorado 80203 WELL COMP ETION AND PUM INSTALLATION REPORT PE • MIT NUMBE el 3 Y42. WELL LOG 303 866 3589 P.04/09 n C VED *170• Z Y. of the __S Y. of Sec. T. _ •? , R.58 , P M 19 2Q HOLE DIAMETER 4 ' __ in from to ft in from to ft From To Type and Color of Material Water Loc, Use additional TOTAL DEPTH c;73 9 / pages necessary to complete log, in from to ft DRILLING METHOD CASING RECORD; Plain Casing Size & kind from to ft Size & kind from to ft Size & kind from _ to ft Perforated Casing Size _ & kind from to ft Size & kind- • from to ft Size & kind ' from to GROUTING RECORD ft Material Intervals Placement Method GRAVEL PACK; Size. Interval TEST DATA Date Tested /2 Static Water Level Prior to Test ft Type of Test Pump 1 Z. ' '(xwil ,it L #Y Length of Test Sustained Yield (Metered) —Jo Final Pumping Water Level LORADO DIVISION OF WATER RRC .Y , t trt HSSOURCE: 1313 'R MAN ST. - RM. 802 1VRJ 5-75 ''61�ER, 3LORAOO 80203 300 Columbine Bldg., 1845 Sherman St., Denver, Colorado Application must be complete where or ;!t lft in SLACK INK. No overstrikes nr erasures unless initialed. PERMIT APPLICATION FORM ( X) A PERMIT TO USE GROUND WATER (Y) A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT f0 INSTALL A PUMP ( ) REPLACLMENT FOR NO. _ ( )OTHER WATER COURT CASE NO. RECEIVED NOV 3 01978 1Yl,IER REsoiRCES �IAIE ENGIt{,ug (1) APPLICANT - mailing address FOR OFFICE USE ONLY • NAME Pc%NALTj J, KL -1 N4.t2_ Z STREET Leo x. CITY T A jAL_T t Co t_-CADo (Stat) TELEPHONE NO. (2; LCCATION OF PROPOSED WELL County (70.)zF1L=LD V. of the 5 t= Y• Section C' �- T•.vp. - , Rng. C�� fN,SI iE,P:I (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) l? Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: 'E. A S A LT Owner's well designation Ciy STAL JQ 11.1(7S GROUND WATER TO BE USED FOR: t ) HOUSEHOLD USE ONLY no irrigation (0) (>) DOMESTIC (1)- ( ) INDUSTRIAL (5) t>C) LIVESTOCK (2) ( ) IRRIGATION (61 ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) OTHER ;9) DETAIL THE USE ON BACK IN (11) ') DRILLER L EN City (State) (7;p) T.?!ephi,n? No. Lic. No DO NOT WRITE IN THIS COLUMN Receipt No )L�� �,� / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing seater rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water rL: bt or preclude another of a vested water r;yi,r from Seeking rdl!et Ina civil cC.u:t aCeon. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3)(b)(II) AS TEE ONLY FELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 4" ACRES IN 'rG 2 / T 75,/ 2 s,A9 /4 • APPROVED FOR DOITSTIC USE, INCLUDING THJ IRRIGATION OF NOT OVER ONE ACRE OF HOS GARDENS AND LAWNS. APPLICATION APPROVED 103803 PERMIT NUMBER DATE ISSUED :'PIPAT!, BY DEC 121978 DEC 121980 • (5) THE LOCATION 1HE PROPWELL and the area on which the water wi, s used must be in ited on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. — -t- — - f- — ! — -{- -- -j I T NORTH r A. +- r — r - 1 MILE, 5280 FEET -- y -f- NORTH- NORTH SECTION LINE WEST SECTION LINE cn T r7 —4 O -.m SOUTH SECTION LINE — — + — ± — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 dens. (6) THE WE 3E,LOCA T ED BELOW by distances prom section lines. 10 ft. from 50 07 l-1 __sec. line (norm or some) Z 1 0 ft. from — AS7 sec line .:r w, t) LOT BLOCK FILING SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: L No. of acres 4 5 Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing CG �� in. from 0 ft. w (0 ft in from ft to ft Perforated casing , n from I U ft 'o 2-50 ft n. from ft ro ft WATER EQUIVALENTS TABLE !Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approKimate!y 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325.900 gallons. 1.000 gpm pumped continuously for one day produces 4.42 acre-feet. !.) FOR REP1_ACETvE('1T WELLS givedistance t r.d ulroction from old well and plans for plugging t: (i0) LAND ON WHICH GROUND WATER WILL BE USED: vner(s): � 1.1 Y=r F—. 11.I A P No. of acres: 4 ) ^al description: 5 � Z S 1/Z- L- Y4_ `- S I /e_ S �Z 3 L q StcCZ4 IZS, 8,8s14 (Household DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of L . . --, A 2_, _ .- LI ES -re _ — _/ c c- 2E S E >J C. M2) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right 14 A Used for (purpose) Description of land on which used 13) THE APPLICANT(S) STATt(S) THAT THE INFORMATION SET FORTH HEREON IS TRME. TOTrH: .EST OF HIS -KNOW/LEgGE. —T7 i- GiVATURE OF APPL ICAA! (S) / ,