HomeMy WebLinkAbout1.0 ApplicationSubmittal Date:
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
reet, Suite 303
rings, CO 81601
Facsimile: 970.945.7785
Applicant:Arnn1 d T.
Address of Applicant:
GARIFIIID cowry
and r' Darle n MacLl y
Base Fee: $400
4031 Countv Road 370. Rif1P en 81hsnTeleghone.
Q70-615=1641
Special Use Being Requested: Special Use 2.02.448 — Resort
Zone District: ARRD
Size of Property: 160 Acres
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you \sill 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.
3 ] A map drawn to scale portraying your property, all 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] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Applicant:"`"
Date: 7) A `1 /` e
Mackley Special Use Permit
Requesting Resort Classification
The parcel of land for the proposed property use consists of 160 acres. It contains natural
forestry indigenous to the area: sagebrush, pinion, stands of cedar, oak, and cottonwood. The
property also contains several cleared meadows and is peppered with several natural spring water
sites.
The property is bordered by both private and public lands. In its decade of use as a ranch
and home site various roads and trails have already been constructed which will suffice as hiking,
horseback and cross country ski trails. Roads and trails were built by the pioneers to
accommodate wood gathering, access to the fields, and livestock grazing.
To access the property one may choose from either a Rifle or Rulison exit vial -70. The
county roads leading to the property are 323, 309, 320, and 329. The land is located 4.5 miles
east of Rulison and approximately 8.5 miles west of Rifle on the south side of the Colorado River.
With the exception of County Road 329 (a 1/4 mile gravel road,) the roads are surfaced with chip
and seal. The road within the property that would be used for motor vehicle access is maintained
and newly graveled.
The road (driveway) leading to the property off of County Road 329 has adequate sight
distance in both directions and will not require any modifications to satisfy the needs of this
requested use. With cleared ground in both directions it is not a blind or hidden driveway so any
vehicle can enter the grounds safely.
The property is unique and well suited for the requested use in that it is situated in hidden
valleys and hills that will provide a screening for the proposed use. All activities and cabins will
be nestled into the surrounding forestry and valleys, and will not affect any scenic views held by
the neighboring ranches.
The stream running through the main valley of the property is Spruce Creek. It is a
seasonal creek and its flow is about 1 cfs. We have the decreed right to that water. The property
also contains many natural water springs which flow at approximately 40-50 gpm. We also have
the decreed right to all of those springs. There are no drilled wells on the property.
There are presently three buildings on the property: a 24x30 log cabin, a 20x30 garage,
and a small storage shed. The log home was constructed in the 1940s, after the original house was
destroyed by fire. The interior was completely remodeled in the late 1980s, but the rustic log
cabin shell was kept intact. The garage was constructed in the 1960s and is in good condition and
will require no further changes in its appearance.
The property is the seasonal home to elk, mule deer, wild turkey, coyotes, ground
squirrels, chipmunks, porcupines, raccoons, and a variety of bird life. It also provides seasonal
productive hay ground for cattle and horses. We currently have a cooperative
landowner/Colorado Division of Wildlife agreement to enhance feed production for both wildlife
and domestic animals. The program is partially funded by the Colorado Division of Wildlife. This
requested use change will not affect this cooperative program or the agricultural uses. The use can
be compatible and beneficial to each other.
The following is a list of proposed uses which follow the intent of the resort classification:
1. A small kitchen, presently located in the main cabin, that would accommodate up to 20
people and serve overnight guests and reservation only diners.
2. Small Garden Weddings - We would offer one of the only outdoor sites to hold
weddings in a secluded setting in the Rifle/Rulison area.
3. Small Wedding Receptions/Rehearsal Dinners by reservation only - the large open
lawns provide adequate space to barbecue and all catering can be done on site in the
cabin's kitchen.
4. Seasonal Parties by reservation only - The layout of the surrounding grounds is perfect
for small company parties, church picnics, high school reunions, anniversaries, etc.
Mackley 2
5. Company and Family Reunions by reservation only - The presence of both cabins and
campsites will make this an ideal location for small extended gatherings.
6. Company Parties/Dinners by reservation only - We would cater to small seminars and
weekend retreats.
7. Family Vacation/Lodging by reservation only - The proposed use will allow the
families to participate in activities such as fishing, horseback riding, hiking, hay
rides, camping, sledding, and snow shoeing. The cabins will allow the families to be
independent in their commissary needs, or it can be provided for them upon request.
8. Camping Sites (4) - Nestled into the surrounding hills and forestry, these secluded,
unobtrusive sites will allow for an authentic outdoor experience in a controlled setting.
9. Trails - The surrounding grounds have existing trails that are raw, yet maintained,
giving the feeling that one is out in nature, not in a man made park. These trails will
be used for horseback riding, hiking, cross-country skiing, llama trekking, snow
shoeing, and access to campsites and picnic sites.
10. As per the availability of funds, the projected growth of the facilities will expand to
include hot tubs, a driving range and putting green for golfers, and a gas lamp lit
cross-country ski trail. In the lodge (to be built) will be adequate space and technology
to hold small business conferences and professional working weekends.
The hours of operation will depend upon the demand for use of the property. Ultimately, it
would be ideal if the cabins were booked every night, and the outdoor activities would be
conducted during the daytime hours. We propose that all requests to use the facilities be by
reservation only, in hope to prevent undue traffic at late night hours. The amount of vehicles
accessing the property will also vary depending on how large the planned function is. If
necessary, a shuttle will be run from our ranch on County Road 320 to the property, albeit at either
place there is adequate parking. Depending on the success of the proposed use the amount of
vehicles accessing the property will range from one vehicle to, at the most, 25. If the number of
guest vehicles exceeds 25 a shuttle will then be run from the main ranch.
The purpose we hope to accomplish with the special use is two fold. First, we hope to
fulfill a need in this portion of the county to provide a secluded escape for families, couples, and
companies to congregate in the peaceful serenity of a natural Colorado setting. Second, it is not
possible to make an investment such as this ranch provide for its own operational costs using
strictly agricultural and livestock means as its only source of income. We want to avoid, at all
costs, the subdivision of this land. The proposed use will allow the land to stay in the family and
support them as they continue to live there and create ways for the land to work for them.
We request the right to use the existing log house to provide lodging and meals and to use
the existing garage as a storage facility. The storage shed will remain as storage. There is a partial
root cellar that will be restored to usable condition.
We plan to approach the project in phases so that it can be determined, by experience, what
the needs are and the direction we should head in order to be successful.
The first two years we would operate with the present cabin as the primary building for
lodging and meal preparation while we were constructing a small lodge (40x60) with food
preparation facilities, a guest cabin (20x30±), and four campsites.
If the project appeared to be successful and funding was available, the next phase of the
project would be to build a cabin each year until it reached the four allowed.
Overall, it should be emphasized that the proposed use of this land will be the utilization of
its existing nature. Extreme care will be taken to make sure that no scenic views will be ruined
and that no forestry will be disturbed. We want to keep this operation as private and unobtrusive
as possible so that the main draw of the patrons will be to experience the tranquillity of the setting
while gathering in fellowship. While striving to provide this for our guests, we will approach this
venture with the utmost concern of protecting the existing serenity and lifestyles of our neighbors
so that they will not be disturbed.
LIST OF ACTIVITIES PREVIOUSLY HELD ON PROPERTY
Pastoral Conferences - early 1960's
Mackley family reunion
Bemklau family reunion
Tuttle family reunion - 2 held
Class of 1954 reunion - 2 held
Thye family reunion
Wedding Rehearsal Dinner - 68 people
Cleveland Cliffs company picnic - 50 people
Emmanuel Lutheran Church - 3 picnics , average attendance 90 people
Anniversary parties and honey moon accomodations
Birthday parties
4th of July Celebrations - 40 people
Associated Govemments/Uranium Mill Talings Remedial Action meeting and B.B.Q.
Republican Central Committee Meeting and Dinner - 50 people
Garfield County Fairboad meetings and dinner - 40 people
CER/Department of Engery - B.B.Q. - 20 people
Graduation party - 80 people
Youth Group Retreat - 30 people
Boy Scout Campout - 20 people
Colorado Astronomers Society - 2 night campover - Use of very large telescopes - 90 people
Dragon's Shoe Store - company picnic - 35 people
ID
The property is unique and well suited for the
requested use in that it is situated in hidden
valleys and hills that will provide a screening for
the proposed use. All activities and cabins will
be nestled into the surrounding forestry and
valleys and will not affect any scenic views held
by the neighboring ranches.
The stream running through the main valley of
the property is Spruce Creek. It is a seasonal
creek and it's flow is about 1 cfs. We have the
decreed right to that water. The property is also
prolific with natural water springs which flow at
approximately 40-50 gpm. We also have the decreed
right to all of those springs. There are no
drilled wells on the property. This water has
provided for the dense foliage on the property
which will act as a screen to the activities
conducted on the property and secluding the cabins
constructed on the site. The existing neighboring
ranches will not be subjected to a visible change
in the surrounding property or a subsequent
increase in noise level.
There are presently three buildings on the
property which are a 24x30 log cabin, a 20x30
garage and a small storage shed. The log home was
constructed in the 1940's after the original house
was destroyed by fire. The interior was completely
remodeled in the late 1980's but the rustic log
cabin shell was kept intact. The garage was
constructed in the 1960's and is in good condition
and will require no further changes in it's
appearance.
The property presently is the seasonal home to
elk, mule deer, wild turkey, coyotes, ground
squirrels, chipmunks, porcupines, raccoons, and a
variety of bird life. It also provides seasonal
2
productive hay ground for cattle and horses. We
currently have a cooperative landowner/Colorado
Division of Wildlife agreement to enhance feed
production for both wildlife and domestic animals.
The program is partially funded by the Colorado
Division of Wildlife. This requested use change
will not affect this cooperative program or the
agricultural uses. The use can be compatible and a
benefit to each other.
The following is a list of proposed uses which
follow the intent of the resort classification.
1. A small restaurant (presently located in the
main cabin), not open daily, yet
accommodating up to 20 people, for both the
overnight guests and reservation only diners.
2. Garden Weddings - we would offer one of the
only outdoor sites to hold weddings in a
secluded setting in the Rifle/Rulison area.
3. Wedding Receptions/Rehearsal Dinners by
Reservation Only - the large open lawns
provide adequate space to barbecue and all
catering can be done on site in the cabin's
kitchen.
4. Seasonal Parties by Reservation Only- The
layout of the surrounding grounds is perfect
for Company Christmas parties, Church
Picnics, High School Reunions, Anniversaries,
Birthdays, etc.
5. Company and Family Reunions by Reservation
Only- Utilizing all three overnight
facilities (Cabins. and
campsites`
6. Company Parties/Dinners by Reservation Only -
Catering to Conventions, Seminars, Weekend
retreats, and organizational assemblies.
- I0 -
r
'0
stel
i
r
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
Z4NCaNELL4 4140 455oclarES, Inc.
ENGINEERING CONSULTANTS
November 30, 1998
Mr. Arnold Mackley
4031 County Road 320
Rifle, CO 81650
(970) 945-5700
(970) 945-1253 Fax
Dear Mr. Mackley:
To assist you in the development of your campground and recreational facility, on
November 5, 1998 Zancanella & Associates field inspected the proposed site. It is our
understanding that you proposed to develop up to 4 cabin units, 4 camp sites units and
provide up to a 20 seat lodge with kitchen facility. Table 1 attached provides the future
water uses of the proposed recreation center. From the water requirements table we can
see that a continuous water supply of approximately 2.0 gpm will need to be developed.
During our field inspection, we assisted you in the measurement of the Garden Spring
which was producing an average of 7.82 gpm. Water quality samples were taken from the
source and tested for bacteria and nitrates, as per the instructions of John Barbee, the
Garfield County Planner. The Water Court decree and the laboratory test results, which
passed the Colorado Department of Health standards are attached to this letter. There
were two other springs on site that could be used to further supplement the water supply.
However, these sources were not tested or measured. We believe that the Mackley
recreational facility can qualify as a "Transient Non -Community water system". This
means a non -community water system which does not serve 25 or more of the same
people for 60 or more days per year, (i.e., a restaurant, motel, campground, etc.).
We believe that the proposed recreational development can be served by ISDS systems.
The restaurant can be served and will produce less than 2000 gpd and therefore should
not require a site application from the Colorado Department of Health and Environment.
We recommend that site specific engineered waste water system be utilized when final site
selection is made for the facilities.
Finally to provide a "legal" water supply, we recommend that a West Divide Contract be
obtained and an augmentation plan filed. While these rights are absolute and could
currently be covered as a Green Mountain beneficiary, this policy could change and the
rights would be subject to a down stream call such as Cameo. The spring rights are
currently in Area A of the West Divide District. We recommend that a separate individual
augmentation plan be completed as soon as you make the decision to move forward. The
development of the recreational facilities can be covered under the West Divide temporary
-IS-
exchange plan. Therefore, the approval of the water rights augmentation plan should not
hold up your county approval process.
If you have any questions, please call our office at (970) 945-5700.
Very truly yours,
Zancanella & Associates, Inc.
ko P zca,..c.00.4.441
Thomas A. Zancanella, P.E.
N: \913000's \ 98530 Nrnackleyplan.wpd
r
0
a
H
Mackley Recreation Center Estimated Water Requirements
Water Use Inputs
8,
PI
N
coo
ceri
8
❑ ❑ g x ,Q ax
Y PI SYS m lV
Y.:
.ii!
1a
k.
(8) (3) (10) (11) (12) (13) (14)
Domestic Commercial Dom\Comm Open Space Pond Average
In-house In-house irrigation Irrigation Evap. Total Flow
(ac -ft) (ac) (acs) (ac -ft) (scat) (ac -ft) (gpm)
N N A M N E R Y P A N Nus
a a C a a a a a G a O a oo
se
o d 0 u00i
0 0 0 o d0o0o0❑❑❑ o
o ❑ ❑ ❑ ❑ ❑ ❑ d a o ❑ ❑ o
od0000dsPs❑❑oo 0
0 0 ❑ a 0 a d❑❑ a
N N 10 10 CO CO 10 CO 10 CO CO 0 n
0900 o o 0 0 o o 0 0
000000000000 o
N-
N. N n Nr- n n n r- n n n N
00000101000000 0
a a a a a a a a a a a d a
lai
as
(1) (2) (3) (4) (6) (6) (7)
Domestic Commercial Dom%Comm Open Space Pond Average
In-house In-house Irrigation Irrigation Evap. Total Flow
(act) (ac -It) (acct) (act) (ac -It) (acct) (gpm)
g y{ y{ g gg rail c P. yy
_ _
a a a a a a a O a a a 0 (y
8
d d d d d d d as d d d o 0
8
a o 0 0❑ 0 0 0 0 0 0 a o
ggrggggggggg ea
a 0 0 0❑❑ 0 0 0 0❑ a a
d a a a a a 0 d a d d 0
8 a a P a P P g
000000000000
§
O
2 u '� n e" E g E E
I d R u>> 01 9�i 0 u i
N Z
Received from:
JOHN C. KEPHART & CO.
GRAND JU`CTION CA_ORATORItS
435 NORTH AVENUE • PHONE 242-7618
GRAND !UNCTION, COLORADO 81501
ANALYTICAL REPORT
Zancanel1a & Assoc::.
Mark Hayes (970) 945--5700
PO Box 1908 945--1253 FAX
Glenwood Spri.nrgs, CO 81602
9090 water.
Customer No. Laboratory No Sample
Date Received
11/6/98 11/20/98
Date Reported
Sample
Total. Coliform Bacteria
9090
Arnold Mack.ley
property, Spring 1
and Spring :2
Date Tested Method
0 colonies/100m1 11/6/95
Nitrate(N) 0.17 mg/1
SM9222B
11/20/98 D3867908
Method references are:
SM: "Standard Methods for the Examination o -F Water and Wastewater," 19th
Ed., 1995: D: "Annual Book of ASTM Standards," EPA: "Methods for the
Analysis of Water- and Wastes."
Director: B. Bauer..
Mackley's Garden Spring
Measurement of Mackley's Garden Spring at the
lin pipe on the fence line.
Reading
(1)
FILL TIME
(sec)
(2)
FLOW RATE
(qpm)
Initial 5 measurements and water
samples taken.
Approximately 3:15 p.m. 11/5/98
Measurement taken after spring outlet
had been flowing approx. 20 min.
1
39.08
7.68
2
39.84
7.53
3
39.59
7.58
4
39.16
7.66
5
40.20
7.46
Average
39.57
7.58
6
38.36
7.82
Average of
All Readings
39.37
7.62
Note: (1) Time to fill a five gallon bucket.
(2) Calculated by: 60sec/fill time x 5 gallons.
11/06/98 10:00:13 AM spring measurement.123
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
Arnold Mackley
4031 County Road 320
Rifle, CO 81650
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
November 25, 1998
Re: Water Requirements for Special Use Permit
Dear Arnold:
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
I have been contacted by Tom Zancanella to review the water rights needs for the
proposed special use permit that you have pending with Garfield County. I have received all
of the documents from Tom Zancanella and made a preliminary investigation into the needs.
At the current time, it is unspecified as to what the actual resort will entail. Tom is
going to provide you with some water use figures that should hopefully make your decision
about what you can provide easier. Based on what your needs are will depend on the amount
of water that you will need.
The water rights decrees that you currently have are all absolute. The two springs that
may be used to supply water to the development, the garden spring and the field spring are
decreed absolute. Unfortunately this decree fixed the amount of water as that supplied
historically and no expansion of that use can occur with out augmentation.
Obtaining augmentation for the uses that you require should not be difficult. West
Divide does cover uses in this particular area. Whether you are in Area A or Area B is not
easy to determine because West Divide has recently changed the boundaries in this area.
However, even if you are in Area B we can obtain an augmentation plan and provide a water
supply assuming that your ditch is the only downstream ditch on Spruce Creek that could be
affected.
In order to ensure that your ditch is not used in the future as a calling right as against
the springs, it will be necessary for us to do a no -injury agreement. That agreement would be
filed with the County Clerk and Recorder indicating that any future buyer of this water right
could not use it to call out the springs that are used to supply water to the upstream
development that your daughter and son-in-law will use.
The course that I intend to follow is to first determine your water needs. Then I will
determine whether you are in Area A of the West Divide Water Conservancy District. We will
then hopefully determine you are in Area A, file a contract request with WDWCD for the
CALOIA & HOUPT, P.C.
Arthur Mackley
Page 2
November 25, 1998
appropriate amount of water and obtain approval at the next board meeting. That will give you a
legal water supply to proceed. At some point in the future, you will need to participate with them
in an augmentation plan. However, the expense will be minimal as you should be included in an
augmentation plan with several other users.
If you are not in Area A but in Area B, we will make the same application for a contract
but will also need to make application with the Water Court for an augmentation plan. Hopefully,
if you are the only downstream water user, there will be no opposition and we will be able to
obtain final approval from the water court within four to six months. That process is a bit more
complicated and costly but should not be extraordinary unless there are other water users located
in the basin that could object.
I am happy to write a letter to the County explaining how we intend to provide a legal
water supply to the development. I can prepare that letter once I have more information about the
development and whether you are in Area A.
The firm bills for its services on an hourly basis according to the enclosed schedule of
rates. I will be the principal attorney working on this matter, and my rate for this work will be
$145.00 per hour. In order to provide you with more efficient and economical legal services, I
may delegate certain tasks to another attorney or member of the firm's staff where appropriate.
You will receive a monthly detailed statement of services rendered during the preceding
month, which identifies the work performed on your behalf and the charges for that work.
Payment will be expected within 30 days of your receipt of the statement. If at any time you feel
the need to discuss charges for work performed on your behalf, or alternative billing
arrangements, or any other issue related to our representation of you in this matter, please do not
hesitate to call me.
If the terms of this arrangement are satisfactory to you, please sign both copies of this
letter in the space indicated below, return one original to me, and retain the other original for
your file.
SAC:nil
MACKREY-Itr-1
Sincerely,
CALOIA & HOUPT, P.C. ite
Sherry A. Caloia
CALOIA & Hourr, P.C.
Arthur Mackley
Page 3
November 25, 1998
I have read and agree to the terms stated above.
"l?olg8 By •/J 2g,e
Date Arnold Mackley
MACKREY-Iv-1
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALO1A
JEI-+ERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
December 4, 1998
VIA HAND DELIVERY
Mark Bean
John Barbee
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpl@sopris.net
DEC A 1998
aciFictiY
ti
Re: Mackley Special Use Permit
Dear Mark and John:
This firm represents Arnold L. and E. Darlenn Mackley. Our office has reviewed the
water rights associated with their land located on Spruce Creek in unincorporated Garfield
County in order to determine whether there is adequate water available the Mackleys' proposed
development of a small resort. We supply the following opinion:
The Mackleys have irrigation and domestic water rights associated with their land that
have been adjudicated on Spruce Creek. Two springs, Garden Spring and Field Spring, were
adjudicated for domestic and stockwater use prior to 1977, and thus enjoy protection by Green
Mountain. The senior right on Spruce Creek, the Anderson Ditch, is also owned by the
Mackleys.
Because the decrees for Garden Spring and Field Spring would be expanded by building
three additional cabins, a lodge and restaurant facility on the Mackleys' property, we believe it
MACKLEY-Bean-ltr
CALOIA & HOUPT, P.C.
Mark Bean and John Barbee
December 4, 1998
Page 2
necessary to file an augmentation plan in order to obtain a legal water supply. However,
because the only downstream senior water right located on Spruce Creek is also owned by the
Mackleys, we do not believe that formation of an augmentation plan will present a problem in
this case. Such a plan would permit out -of -priority diversions from Garden Spring and Field
Spring for the Mackleys' development so long as resulting stream depletions are replaced with
adequate augmentation water.
At the current time, the Mackleys' property is located in Area A of the West Divide
Water Conservancy District ("WDWCD"). Thus, they can contract with WDWCD to provide
replacement water. However, even though the property is in Area A, WDWCD recognizes that
senior water rights could be affected, and will issue a contract which so indicates. (However, as
pointed out above, the only downstream senior water right on Spruce Creek which could be
affected by the plan is also owned by the Mackleys).
We have applied for a WDWCD contract for the Mackleys. We have also applied to the
District Court, Water Division No. 5, for approval of an augmentation plan. Copies of these
applications are attached to this letter. A copy of an engineering report from Zancanella and
Associates, Inc. is attached to the Water Court application. We anticipate approval of the
WDWCD contract in the near future, which approval will give the Mackleys a continuous legal
water supply for their development. Subsequent judicial approval of the proposed augmentation
plan will then allow the Mackleys reduce the amount of replacement water provided by WDWCD
pursuant to the contract (i.e. permit replacement of that amount of water consumptively used, as
opposed to the total amount of water diverted).
MACKLEY-Bean-ltr
CALOIA & HOUPT, P.C.
Mark Bean and John Barbee
December 4, 1998
Page 3
Please contact this office if you have any questions or concerns or if you require any
additional information.
Very truly yours,
SAC/MEH
Enclosures
cc: Arnold Mackley, w/o enc.
MACKLEY-Bean-ltr
UPT, P.C.
Sherry A. Caloia
Mark E. Hamilton
0991900313113
OZE 160 L£04
l3 1 VW 010NUV
�'1...•r� \i>cy
6951 \
�
IZ1)0
\, yd.-�j)
/u2yv...d61g-/wootuiwoAAM,W//:t q
:abed gam
1C979.4M 07W109
999X09 OS 7/FZt AOOM00 t
931A1OH 001 NI`d1Nf1OW N2IOH Ole
_n.
u
Ar_ -
iii1ii:IIfinio-:i! s� :s^4,
:tom;sti
r •-
i rY
We can help your
dreams come
true.
BIG HORN MTN.
LOG HOMES.
307-684-2445
.4
•
e.A . •
t.
alas s!91 u! papn!ou! a lC sueid wogsno
•spuapj..ano aae sJawo1.sn0 un0 •uMo
.ano a l9M 11 j.! se l0afoJd unoR •pa1euado pue
paLuno RNA e} 6! G3WOH 001 NIVINflQW N21OH 019
•pas!.adJns R!.uesea!d 21 Him no&1t41.
3uap!;uoo a.ae am •loafoJd JnoR nonb sn ia! pue pe0
•uo!1au!gwoo alge3eaqun ue
an6Li naf pue aye u! 9ao!.ad 193MOI 911319U6'
s!epnew Ri.!!enb uno ppy •goafoud 6o! 3o adRl. Rue
u6!sap o. punoa6peq pue aoua!uadxa 9i4 anwL!
A9111 •uonon4suoo So! }o aseyd Klan u! aouopadxa p!a!} ieo!veid aneL1 sq 3uawauedap u6!9ap.1110 u!
a!doad aneLI aM e awooaq ue!d 36L!1 a)!ew 03 pueLJ J!JOM !pM aM •sn 1160 asea!d pu!w .anon u! .10,aaded
uo ue!d awOLl 6 9Aell n°/'4i G3W0H 001 NIVINf101/1 NOH 0191131m RI-!6!o9d6 a ale 99wOL4 601wo3sn0
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
Mr. Arnold Mackley
4031 County Road 320
Rifle, CO 81650
Z4Nc4NeLL4-AND 4sgoCwTE5, iNc.
ENdiNE Algid CONSULTANTS
November 30, 1998
(970) 945-5700
(970) 945-1253 Fax
Dear Mr. Mackley:
To assist you in the development of your campground and recreational facility, on
November 5, 1998 Zancanella & Associates field inspected the proposed site. It is our
understanding that you proposed to develop up to 4 cabin units, 4 camp sites units and
provide up to a 20 seat lodge with kitchen facility. Table 1 attached provides the future
water uses of the proposed recreation center. From the water requirements table we can
see that a continuous water supply of approximately 2.0 gpm will need to be developed.
During our field inspection, we assisted you in the measurement of the Garden Spring
which was producing an average of 7.82 gpm. Water quality samples were taken from the
source and tested for bacteria and nitrates, as per the instructions of John Barbee, the
Garfield County Planner. The Water Court decree and the laboratory test results, which
passed the Colorado Department of Health/standards are attached to this letter. There
were two other springs on site that could be used to further supplement the water supply.
However, these sources were not tested or measured. We believe that the Mackley
recreational facility can qualify as a "Transient Non -Community water system". This
means a non -community water system Which does not serve 25 or more of the same
people for 60 or more days per year, (i.e., a restaurant, motel, campground, etc.).
We believe that the proposed recreational development can be served by ISDS systems.
The restaurant can be served and will produce less than 2000 gpd and therefore should
not require a site application froth the Colorado Department of Health and Environment.
We recommend that site specific engineered waste water system be utilized when final site
selection is made for the facilities.
Finally to provide a "legal" water supply, We recommend that a West Divide Contract be
obtained and an augmentation plan, filed. While these rights are absolute and could
currently be covered as a Green MoUntaln beneficiary, this policy could change and the
rights would be subject to a down stream call such as Cameo. The spring rights are
currently in Area A of the West Divide District. We recommend that a separate individual
augmentation plan be completed as soon as you make the decision to move forward. The
development of the recreational facilities can be covered under the West Divide temporary
exchange plan. Therefore, the approval of the water rights augmentation plan should not
hold up your county approval process.
If you have any questions, please call our office at (970) 945-5700.
Very truly yours,
Zancanella & Associates; Inc.
—TC oc..csa, A Za,.-t.c WQM9
Thomas A. Zancanella, P.E.
N: \98000's\985301nackleypla n.wpd
E:JJ
20 seat lodge with Kitchen( 3 ECRB
4 carp spaces @ 0.2 /urut 0.8 ECRB
Camrercial 3.8 ECRs
Inigated Open Space 0 acres
Application Efficiency 70%
Crop Inig rearm( (CR) 213 ft
1^ N
yp�
3R.
1
tt It
jR{J�.
IT uS C
m
g om N
pT
U
& ¢
Y p o
V T o r
tt
�"�k'FEOOf11C5aCTarn nl
# of EOR's (4 cabins) A0 units
# persons/residence 3.0 cap/unit
gallons/person/day 100 gpcd
Percent Consumed 15%
Lawn Iniyeticn 500 sq-t/und
Application Effidency 80%
Crop Inig regmd (CIR) 213 ft
�4+
t it
qyY
77 1
i H 9
VE !- !?
f O i Y
v 6p W47.-
C:Y e
.".g EOi
❑
oEtYE Y •jj
E E—
S '�`
^ / O T
u
E c p
I 5
O rt
E
Y
❑ -
fn� R 1� II1 �Qp 41 yy
d d d d d d d d d d d d a
o d N o d N d d d ton N d d
1O 000
8 8 8 3 d 8 8 8 8 8 an
a d d d 6 d a d d d o
d
-§ § § § § § a § § § § [§ O
0• a 0• 0• 0• pp . 0
SS 88 Q $pS S 0 O 0 8
S0
dd00dddddddd 0O
p (V A g $?
d00000800000 8
d o o d d d d d d d d d d
(0 N 10 b tD (0 0 (0 10 10 tU (0 g
0 0 0 0 0 0 0 0 0 0 0 0
d d d d d d d d d d d d d
0 N 0 0 n 0 n 0 0 0 0 0 {0`1
0 0 0 0 0 o d o o `0 0 0 ry
d d d d d d a d d d d d o
4.
ii
Y
u;,
G
of
(
11
r•
Ein
e m
as
I o C
H
F g S u
u W d°..
u e
pg �
V Y E—
n
E a
gEc
E -.
❑O -
To Y
E
sem 4 u
u Y
$ 'J YI.
F Y g
n '€
r
n d g w a o m g 8 8 L
., , r: , N N -. .- .-
d N N d d N e
d d a d d d O d d CI
5� QQ $� qq QQ
go S S i5 g tl g g g g g g o
d d d d d d d d d d o
000000000000 0
d d d d d d d d d d d d d
00000'nag0o0o00 pan
d d d d d d o do d d d o
01
d d d a d d d d a a a d
Y 8 Y O O 0 0 0 O 4 ::2- V V
.- .- ."- �- F .r- Yn
d d d d d d d d d d d d .=
t
0
E
g Y 2 L T Y( E g u b Tv
2 Y 6 Y, '0 m Y 4 y y c
"w 2 6 f"” 4 i. 0 'Y Z a`
u.
N 2 0
N
2
0
Rev. I/7fi/9/
CURRINI 1/1/98
A.
Conlracl. No
pale At1.ivated
APPLICATION AND DATA FORM TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
Name ANPArnoid L. and E. Darleen Mackley
Name
Address 4021 County Road 320, Rifle, CO 81650
Telephone Number 970 /625 4641
Authorized Agent or Representative Sherry A. Ca.ioia Caloia & 1Loupt
B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR
Name of Right Field Spring and Garden Spring
Type of Structure or Right Surface springs
Location of Point of Diversion (description from decree or permit)
Garden Spring: Lot 1 in the NE* of the NEk of Sec. 4. T7S. R94W 6th PM 1 72' So. of
North line of Sec. 4 and 887' W. of East line of Sec. 4. Field Spring: SE- of the
N aP ofSec. 4, T7S, ^.94'.! of the 6th PM, at a point 1450' S of the North Sec line and
1100' West of the E. Sec. line of said Sec. 4.
Water Court Case No. W-2218 (augmentation plan applied for in Case No. 98CW225 )
Well Permit No. N/A
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include complete and accurate legal
description of property on which water right is to be used.
May be attached as Exhibit A)
See attached Exhibit A
Total Acreage 0.05 acres of lawn watering within lands described on Exh. A.
Description of Use Domestic, irrigation and commercial (water supply for small
resort consisting of lodging and restaurant facilities )
Total Number of Dwelling Units See attached Exhibit B
Number of Constructed Units See attached Exhibit B
Number of Vacant Lots See attached Exhibit B
Potable Water System Springs
Waste -Water Treatment System Septic
Type of Meter or Measuring Device
Projected Monthly Volume of Leased Water Needed in Gallons:
THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY
(Actual diversions mist be used unless contractee has an augmentation plan) See Exhibit B
Jan. Feb. Mar. Apr. May
June. July Aug. Sept. Oct.
Nov. Dec.
Annual Total Gallons Acre Feet
Maximum Instantaneous Demand gpm
D. OTHER REMARKS Exhibit B sets forth diversions and consumptive use. Applicant will
augment all actual diversions until judicial approval of an augmentation plan, after
which time Applicant will only augment consumptive use.
Date
Applicant
d
W
a
m
4'
co'
H 7
Q
E E
rJ— j
l0
w w
m a
Ecu 3
0
-.
11
E
u
m
v
u
rb
2
1
y 4
hp
sl
6
111 111 III t_
0 m Cl. r 0
d ., P
d "E
pppppg IgIE
E
{
(
k
4
1
-13 11gp5_
n it it 6
Y_
I
.
ihi
flys
4Vq
Ap
Ei
3
u�
1 .,
v �i g X g 0 toto
fl" tg
It. g S d u
1 .t E p
w C U
1tt u-
t
u 4t
EXHIBIT 13
(I:I
3
r i 9
EY.
1- ^
y Q
f 6 a u
--...wit
e °
0
a
b
le
a1
I
ryryry dn pd q 5 d dd dd (41 n
0
d00ddddd0
0 0 0 0 0 0004 a
8 8 8 S (� S S S [n�
�g a d g d d g d d d g d d
d d d d d d d d d d o
o
d d d d d d d d a o d a o
(0(47000007 0 0 0 0 0 c+
d d o d d d d d 0 0 0 0 0
d d d d d d d d d d d d
I n d rd n n d r nd r gyp+
d d
'
O
t:;
!
I(�
tri
I I
G d •�1I
V�$I
5 E I 1
p
& `J g t'
o_E S
o
E
s
,: u$
F q u
_o � 5 n
0 N •N ` OI O VI 1- 1tl VI 1:
odo
p p q Q
j§ tl tl a 25 S o
o a
§§gggggggggg g
d d d d d d d d d d d d d
d d d d, d d d d d d `di d 0
d d d ' d d d d d d o
d d d d d d d d d d d d
B o o Q e o v o d
,1
d d d d d d d d d d d d
0f
u `u `
eTn c yEnE n
n 9°< -9 ❑ t'Eo-, 4)
z ❑
/tl
r 1
\-1- AREA A',
T5S
R95W
t'.
90° 111,1 ila
CIIItRI NI 1/1/98
Cont. vac'. 8
nap 11) fl
Dale Activated
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
Maine ul npplicant . Arnold L. and E. Darleen Mackley
titian!. it of Water in Al 10 feel.:
2.859
Appl t( . hereby applies to the West Divide Water Conservancy District., a political subdivision of the Slato
er Colorado. orgmii,ed pursuant to and existing by virtue of C.R.S. 1973, 537-45-101, et sec., (hereinafter referred to as
the "District") for an al lotnmrnt contract/lease to beneficially and perpetually use water or water rights Quoted. leased. or
hereafter acquired by the District.. Dy execution of this contract./lease and the attached appl 'cation, Appl icanl. hereby agrees
to the following terms and comfit. ions:
1 Water Rights: Applicant shall own water rights at the point of diversion herein lawl III ly motif -ling
Applicant. Io divert. wafer, which will be supplemented and augmented by water leased herein. 1f npplicanl. intends to divert
through a well. it must be understood by Applicant that no right to divert exists mail a val id well permit is obtained from
the Colorado Division oI Water Resources.
2. quantity: Water applied for h„' the Applicant in the amount. set. forth above steal 1 be diverted at.
Appl icanl.'s point of diversion from the District's direct flow water rights, and when water is unavailable for diversion
pursuant. 1.o admin idration by the Colorado State Engineer during,periods when said direct flow water right. is not in priority.
the District. shall release for the use of Applicant up to saidiquantity in acre feet per year of storage water owned or
controlled by the District.. 11. is understood that any quantity allotted from direct flow. storage or otherwise. to the
Appl Irani by the District. wi I I be limited by the priority of the District's decrees and by the physical and legal avai Iabi I ity
Of water front District's sources. Any quantity allotted wit llonly be provided so long as water is available and 1.1e Applicant
ful ly complies with all of the terms and conditions, of this cont. rct/lease. the District. and the Applicant. recognize that
some of the District's decrees may be in the name of the Colorado River Water Conservation District.. and the ability of the
District to allot. direct. 11ow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation
District.. If al. any time ilie Applicant determines it requires less water than the anoint herein provided. Appl icaIL may so
notify the Dist.rict in writing. and the amount of water allotted under this contract/lease shall be reduced permanently in
accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant. by the District.
shall be used for I. he following beneficial use or uses: municipal, domestic and related uses. or conmercia1 (except. In the
extent. Ilial. Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract. Do. 2-07-
70-W054/ between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and
all water allotted shall be within or through facilities br upon land owned, leased. operated. or under Applicant's control.
4. Decrees and Del ivery: Exchange releases made by the District out of storage from Ruedi Reservoir
and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District.
shall he delivered to the Applicant. at the outlet works of said storage facilities or at the decreed point of diversion for
1
said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's
total obligation. Delivery of water by the District from huedl Reservoir or Green Mountain Reservoir shall be subject. to
the District's lease contracts with the United States Duireati of Reclamation. Releases from other facilities available to
District shall be subject to the contracts, laws, rules. and regulations governing releases therefrom. furthermore. the
District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built
or controlled by Lhe Disl.rict in the future, so long as the water service to the Applicant. pursuant to this agreement. is
not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end
of each water year (Dcaober 1), shall revert. to the u?Ler supplies of the District. Such reversion shall not. entitle
Applicant. to any refund of payment. made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at. the
original point of diversion of the District's applicable water right. and neither the District. nor those enl.it led Lo uli l ize
I.he District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request.
the Colorado Division of Water Resources tl'estimate any conveyance losses between the original point and any al I.eruale point.
and such estimate shall be deducted from this amount 1n each case.
Alternate Point of Diversion and flan of AUgnlentation: Decrees for alternate points (if diversion
of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated
(hereunder. obtaining such decree is the exclusive responsibility of Applicant. The [District. reserves the right to review
and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated
or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that. it shall be solely responsible
for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and lurl.her
agrees Lo indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing
sniks and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to
Applicant's intended beneficial use. Irrespective of the amount water actually transferred to the Applic:aoL's point of
diversion. the Applicant. shall make annual payments to the District based upon the amount. of water allotted under this
contract/lease.
In Lhe event. the Applicant intends to alnily, for an alternate point of diversion and Lo develop 111
augrneulat ion plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicata to utilize
the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent.. In the event,
the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant. shall
Dol. be obligated to pay arty amount. under Paragraph 10 below! In aay event, the District shall have I.he right. to approve or
disapprove the Applicant's augmentation plan and the Applicant shall provide the District. copies of such plan and of al I
pleadings and other papers filed with hire water court in the adjudication thereof.
G Contract/lease Payment• Non-refundable, one time administrative charge. in the amount. determined
by the Board of Directors of the District from Lime to time, shall be submitted with the application for consideration by
the I)i sLr1(:1..
Annual payment for the water service described herein shall be determined by the Board of Di rec curs of the
Dist.ricL. Die initial annual payment shall be made in full; within thirty (30) days after the dale of notice to the Applicant.
that. the initial payment is due. Said notice will advise the Applicant, among other things. of the water delivery year to
which the initial payment shall apply and the price tdhlch is applicable to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant. 011 01' before each
January I. If an annual payment is not made by the due date a flat $50 late fee will be assessed. final wriLLen notice prior
to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated
by the Applicant. in writing or set forth in this contract/lease or application. Water use for any part. of a water year shall
2
require payment. for I. he entire water year. Nothing herein shall be construed so as I.o prevent. the District from ad,juslinc_I
the annual rate in its sole discretion for future years only.
11 payment is not made within fifteen (15) days after the date of said written notice. Appl icanL slnl l al.
District's sole option have no further right, lltie or interest under this contract/lease without further notice, and del ivory
may be immediately curtailed. the allotment of water, as herein made. may be transferred, leased, or helm' se disposed of
al. the discretion of I. he Board of Directors of the District.
Upon cancellation of this water allotment contract./lease with the District. the District shall notify the
Division ul Water Resources of I ices in Denver and Glenwood Springs. the Division of Water Resources niay then order cessation
ul all water use.
1. Addil.iorha! fees and Costs: Applicant agrees to defray any expenses incurred by the District in
connection with the al 10111011i.ofwater rights hereunder. including, but not limited to. reimbursement of legal and engineering
costs incurred in connect inn with any water rights and adjudication necessary to allow Appl icanl's use of such al lotted water
rt ghl.s
D. Assignment: This contract/lease shall inure Lo the benefit of the heirs, successors or assigns of
I.he parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and nnhst comply
with such requirements as the District niay hereafter adopt regarding assignment of contract/lease rights and Lhe assumption
of contract/lease obl igaiions by assignees and successors. Nothing herein shall prevent successors to a portion of
Applicant's properly from applying to the District for individual and separate allotment contracts/leases. No assignment
shall be recognized by I.he Ilistrict except upon completion and filing of proper forms for change of ownership.
Upon the sale of the real properly to which this contract/lease pertains. Appl than'. has a duly to make buyer
aware of this cont .rarl./lease and proper forms for change of ownership must be completed.
9.
Other Rules: Applicant shall be bbuod by the provisions of the Water Conservancy Art of Colorado:
by the rules and requlalions of the Board of Directors of the,Dlstrict: and all amendments thereof and supplemelds Cheryl
and by all other ape! Waffle law.
lo. DperaL ion and Maintenance. Agreement: Applicant shall enter into an "operation and Maintenance
Agreement." with the I)isl.rict under terms and conditions determined by the board of Directors of the District. . it and when.
the Board of said District determines in its sole discretion that such an agreement 15 required. Said agreement may contain,
but. shall not be limited to. provisions for additional annual monetary consideration for extension of District. delivery
services and for additional administration, operation, and maintenance costs: or for other costs to Lhe District. which niay
arise through services made available to line Applicant.
II. Change of Use: The District reserves the exclusive right to review. reapprove or disapprove any
proposed change in use of the water allotted hereunder. Any Use other than that set. forth herein or any lease or sale of
the wafer or water rights allotted hereunder without the prior written approval of the District shall he deemed to be a
material breach of this contract/lease.
12. Ilse and Place of Use: Applicant agrees to use the water in the manner and on the property described
111 the documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance
agreement provided by Applicant.. Any use other than as set forth thereon or any lease or sale of the water or water rights
(herein, other than as permitted in paragraph D above, shall be deemed to be a material breach of this agreement.
3
1.1. I il.le: It is understood and agreed that nothing herein shall be interpreted 1.0 give I.he Applicant.
any equilable or legal fee title interest In or to any water or water rights referred to herein.
14_ Conservation: Applicant shall use commonly accepted conserval. ion practices with respecI 10 the water
and wal-er righls herein. and hereby agrees to he bound by any conservation plan adopted hereafl.er by the Distrfcl. lur use
of District wiled or (0111rot led water or water rights.
Ib. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/lease amount.
mdiich provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family
dwelling. the watering of domestic livestock. fire protection. and Uie irrigation of up 1.0 5.000 square feel. of lawn and
garden.
Applicantshall also comply with all restrictions and limitations set forth in the well permit. obtained from
the Colorado Division 01 Water Itesources.r
Watering of livestock shat
purposes unless Applicant obtains approval fr
al. a horse boarding facility, provided that
I be restricted to; Applicanl.'s domestic animals nal. 1.0 be used for commercial
om lire Colorado Division of Water Resources for commercial use/livestock watering
in no event shall actual diversions exceed the amennt of water provided by this
contract/1 ease.
Violation of I. his paragraph 15 shall be deemed to be a material breach of this Contract./lease.
16. Wel I Per-init. If Applicant Intends to divert though a wel 1, then Applicant must. provide 10 Dist rid
a copy of Applicant's valid well permit. before District Is obligated to deliver any water (hereunder.
17. Measuring Device or Meter: Apnlicant'agrees to provide at its own expense an adequate measuring
device or meter to continuously and accurately measure at all times all water diverted pursuant. to I.he Leans of Applicant's
water right and the terms of this contract/lease. Applicant agrees to provide accura Le readings from such device or meter
10 District. upon District's request. Applicant acknowledgeS'tli# failure to comply with this paragraph could result. in legal
action to terminale Applicant's diversion of water by the State,of Colorado Division of Water Resources.
10. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any
legal or engineering advice that Applicant may believe has been received from the District. Applicant. further acknowledges
that. it. has obtained all necessary legal and engineering advice from Applicant's 01,11 sources other than the District.
Applicant. further acknowledges that the District makes no guarantees, warranties. or assurances whatsoever about the quantity
or quality of water available pursuant to this contract/lease. Should the District be unable to provide the water contracted
for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filing and Augmentation Plan: Should the District. to its uwh discretion.
choose to include Applicant's contract/lease herein in a water court filing for alternate point. of diversion or plan of
augmentation. then Applicant hereby agrees to pay to the District, when assessed, an additional fee. representing the
District's actual and reasonable costs and fees for Applicant's share of the proceedings.
20. Binding Agreement: This agreement shall not be convlete nor binding upon the District unless
attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District"
fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be
incorporated into the terns of this agreement.
4
II. Warning: 1T IS TIIE SOLE RESPONSIBILITY 0f TIIE AI'PLICANI 10 OBTAIN A VAI 10 0111 1'111011 Olt 0111111 WAIT It
RIGID 10 UIt111A 10 DIVER' WAILR. INCLUDING 111E WATER ACQUIRED UNDER MIS CONIRACT/LEASE. I1 IS IIII[ CUNT IU(IING IIIIIY 01 1111
AI'I'I_It:ANI 10 NAM IAIN 11111 VAI.IDIIY or 111E WELL PERMIT DR WATER RIGHT INCLUDING FILING FOR EXIENSIONS (11 P1120115. 111 PIG 0111
C0111'I[11011 I(11'UR15, 111 0(3 SIAILNLNlS OF BENEFICIAL IJSE, OR OIIIERWISE I_AWLULLY APPLYING IIII WAIT 0 10 111011 ICIAI HSI 011 A
010II AR BASIS 01 111(1111 WASIL.
Appl ican 1.:
Appl icaod. address
Applicant: Caloia & Iioupt, P.C.
Attolrneys for Mackleys
By
Marg E. Hamilton
1204_yrand Ave , Glenwood Springs, CO 81601
51A1t 01 r,01 (IRAIIII
ss
1,0001Y (I1 GAM 11111
the forego in!! instrument. was acknowledged Before me an this3 day of
4. _AEX-1.-1.1-1-a
Nilmiss my (land and official seal.
My ((monis; ion exp i 105
W CommiIt)n eip§es 10/24/2000
ORDER
Notary PER-, Pic
AIler a hearing by the Board of Directors of Llte West Divide Water Conservancy District. on IN' application.
it is hereby (IR)11(111 Iha1, said application be granted and this ,contract/lease shall be and is accepted by I.IIe UisLricl..
AIMS!:
WEST DIVIDE WNTR CONSERVANCY UISIRICI
Ily
President
Secretary Dale
Ibis coolracl./lease includes and is subject to Lite terms and conditions of the following documents which Innsl.
accompany 'his ronl.lacl./lease.
(1
Hap showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
5
HILLTOP FARM
7880 309 Road
Rifle, Cblorado 81650
December 8, 1998
RE: Special Use Permit for
RESORT DESIGNATION in A/R/RD zone
Garfield County Commissioners
109 8th. Street
Glenwood Springs, Colorado 81601
Dear Sirs:
Reviewing project information and Planning Department
Staff comments, I see a need to comment on the problems I see and
some that you have missed. I see no problem with just "bed and
breakfast" on a limited basis. I did request a copy of the definition
of RESORT DESIGNATION which I have not received as yet.
In the Mackley's request item "C" on page 5 does not
address the sewer system (there is a live stream through the property
most of the year and contamination could be crucial.
Item "B" lists county road as 320. County Road 329 accesses
the property from 320 road and 329 is a dirt road, one way traffic
for the most part. It needs to be widened and graveled to benefit
all the local users of the road as it is and definitely with increased
traffic that would be caused by any resort designation. ITEM "7"
page 6 should apply here. The information that I did receive only
includes to page 6. I see that there are more items listed so I
am in the dark for what they are. In fairness to adjacent property
owners zoning should remain A/R/RD with no increase in taxes due
to resort designation of Mackley property.
There is a water line layed in the borrow ditch of 329
road and it is covered very lightly. Is there any legal easement
for this line. In years past the water ran down an existing gulch
along the road. 329 road is a real concern now. It is mostly a
one-way road with few passing spots, narrow with 10 foot drop offs
with a domestic water line buried in the road right of way. This
road is now used for ranch and private landowners hauling semis
of hay etc. and residents driving to and from work each day. The othei-
IT71-77;91151
{ DEC 1 0 1998 4'
06
uses are gas development with 4 or 5 more to be developed in the
near future by Barrett Energy. Several other companies are drilling
farther u:p 329 road. All of the traffic now using 329 and gas produc-
tion will go on for 30-40 years. The road is dangerous at this
point being narrow, rocks and 10+ foot drop offs curtailing passing.In
past years the county has refused to do any maintenance or snow plow-
ing on 329.
In meeting with the Mackley's we weere left with the
impression that the bed and breakfast was No. 1 priority and the
resort designation was simply speculative and wanted solely for
the ability to expand in the future.
As and adjoining land owner we would urge you to deny
the special use permit in its entirety at this time and approved
whatever is needed on a step by step basis with roads water and
sewer adequately addressed before any approval is given.
Sincerely,
Cfmi %o/G�y��A
Carl..H.:.Bernklau
c/c Marian Smith, Commissioner
John Martin
Larry McGowan "
John Barbee, County Planner
l
P.S. Thursday I was very puzzled when I learned that the Resort
Recreation plan was approved by the planning commission Wednesday
evening after I was assured by Mr. Barbee that no action would be
approved other than the bread and breakfast at the one cabin so
it would not be necessary to attend the meeting. I now understand
that no mention was made of water available, adjudicated for such
usage. Sewer was also not mentioned. I had asked for a complete
copy of Garfield County RESORT designation REGULATIONS which I still
have not received, would you please send a copy of them. Thank
You.
Case No. 98 CW
Application for Approval of Plan of Augmentation
Arnold and Darlene Mackley
Page 5 of 5
VERIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, Thomas A. Zancanella, P.E., state under oath that I have read this application and
verify its content.
Thomas A. Zancanella
Subscribed under oath before me on November 30, 1998.
My commission expires:INCann:sbnrsq*es10i2412050
&rue
Notary Public,
MACKLEY-App for POA
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 98CW225
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
ARNOLD L. AND E. DARLEEN MACKLEY,
Garfield County, Colorado
The above -entitled Application was filed on November 30, 1998, and was referred to the
undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of
said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right
Determination and Administration Act of 1969.
The Referee, having made such investigations as are necessary to determine whether the
statements in the Application are true, and having become fully advised with respect to the subject
matter of the Application, does hereby make the following Findings of Fact, Conclusions of Law,
and Ruling of the Referee, in this matter, to -wit:
FINDINGS OF FACT
1. Name, address, and telephone number of Applicant:
Arnold L. and E. Darleen Mackley
4031 County Road 320
Rifle, CO 81650
(970) 625-1641
c/o Sherry A. Caloia
Caloia & Houpt, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067
2. Timely and adequate notice of the filing of the Application was given as required by law.
3. No Statements of Opposition were filed in this matter. The time for filing Statements of
Opposition has expired.
MACKLEY-Ruling Aug
District Court, Water Division 5
Case No. 98CW225; App. Of Mackley
Ruling and Decree
Page 2
The Applicant has requested approval of augmentation of the following water rights:
A. Field Spring and Garden Spring
In 1974, Case No. W-2218 Water Div. No. 5, Field Spring and Garden Spring, was
adjudicated. Detailed information on the two Springs is set forth in the Decree in
Case No. W-2218, and is summarized as follows:
(1) Legal description of point of diversion:
Garden Spring is located in Lot 1 in the NE1/4 of the NEYa of Section 4, Township 7
South, Range 94 West, of the 6th P.M., 1072 feet south of the north section line of
Section 4, and 887 feet west of the east section line of said Section 4.
Field Spring is located in the SE 1/4 of the NE 1/4 of Section 4, Township 7 South,
Range 94 West of the 6th P.M. at a point 1450 feet South of the North section line
and 1110 feet west of the east section line of said Section 4.
(2) Source. springs tributary to Spruce Creek, tributary to Colorado River.
(3) Amount: .0176 c.fs. Field Spring, .011 c.fs. Garden Spring.
(4) Decreed uses: domestic and irrigation.
Note: Domestic and commercial uses for both springs will include the
amount of .0176 c.f.s. for the Field Spring, .011 c.f.s. for the Garden Spring,
for the resort development as described below.
B. Water right(s) to be used for augrnentation: Ruedi Reservoir
Previous decrees for Ruedi Reservoir:
MACKLEY-Ruling Aug
Date entered: June 20, 1958
Case Nos.: C.A. 4613 and W-789-76
Court: Eagle County District Court
Type of water right: Storage
District Court, Water Division 5
Case No. 98CW225; App. Of Mackley
Ruling and Decree
Page 3
(5) Legal description: Ruedi Reservoir is an on -channel reservoir located in the
W1/4 of the NE'/ of Section 18, Township 8 South, Range 84 West of the
• 6th P.M.
(6) Source: Frying Pan River
(7)
(8)
(9)
Amount: 140,697.3 acre feet (Case No. C.A. 46(3)
101,396 acre feet (Case No. W-515)
Appropriation Date: July 29, 1957
Decreed Uses: Generation of electric energy, domestic, municipal,
industrial, irrigation and stock watering.
5. The Applicant filed a Statement of Plan for Augmentation, covering all applicable matters
under Colo. Rev. Stat. §§ 37-92-103(9), 302(1)(2) and 305(8). The Plan is described below:
a. Applicants intend to construct a small resort consisting of lodging and restaurant
facilities on their property located in parts of Sections 3 and 4, Township 7 South,
and in Section 34, Township 6 South, all sections in Range 94 West, 6th P.M.
b. Applicants intend to use the Field and Garden Springs as their supply. Applicants
will augment when out of priority the depletions resulting from Applicants' use of
the Field Spring and Garden Spring. This augmentation plan will augment
depletions associated with use for 3 cabins for guest use, one dwelling for full time
occupancy and a restaurant facility, 4 campsites and lawn watering of no more than
.05 acre. The restaurant is estimated to use a total of 900 gallons per day average
usage.
c. Each cabin is assumed to require 300 gallons per day and the dwelling is estimated
at 300 gallons per day for in-house use. Four campsites are estimated at 240 gallons
per day. Wastewater treatment will be by individual septic tank leach field, with an
estimated depletion rate of 15% for all in-house potable water diverted. The lawn
watering is 80% consumptive.
d. Applicants contemplate an average diversion of 2.0 gallons per minute from the
Springs. Total annual diversions of 2.86 acre feet, and total annual consumptive use
of 0.58 acre feet. Augmentation will only be required when Applicants' water rights
are out of priority.
e. Ruedi Reservoir is capable of augmenting depletions that will occur from use
hereunder of the Garden and Field Spring such that no injury results to senior water
MACKLEY-Ruling Aug
District Court, Water Division 5
Case No. 98CW225; App. Of Mackley
Ruling and Decree
Page 4
rights. An exchange is also requested for the reach of Spruce Creek from its
confluence with the Colorado River up to the point of diversion for the Springs as of
the date of this application. Applicants have applied for a water supply contract with
the West Divide Water Conservancy District ("WDWCD") pursuant to which all
out -of -priority depletions from the Garden and Field Spring will be replaced by
water released from Ruedi Reservoir. The proposed WDWCD contract will provide
for releases in the amount necessary to replace all diversions which may be
occurring out -of -priority along with any transit losses necessary.
(Note: An engineering report by Zancanella & Associates was attached to and
supplemented the application.)
6. The Referee finds that, if operated in accordance with the terms and conditions set forth
herein, no injury will occur to the vested rights of others as a result of the operation of this
plan for augmentation.
CONCLUSIONS OF LAW
7. The statements in the Application are true.
8. The Application filed herein is complete, covering all applicable matters required under
C.R.S. §37-92-302-305.
9. All notices required by law have been given, and no further notice need be given.
10. The Court has jurisdiction of this matter and of all persons, whether they have appeared or
not. C.R.S. §37-92-301(2) and -303(1).
11. The Court has authority to grant the water rights requested in the application. C.R.S. §37-
92-301(2), -302 and -303(1).
12. The Court has authority to approve the plan for augmentation requested in the application.
C.R.S. §37-92-301(2), -302 ,-303(1), and -304.
RULING OF THE REFEREE
13. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this
reference, and the Court concludes that the Application should be granted.
MACKLEY-Ruling Aug
District Court, Water Division 5
Case No. 98CW225; App. Of Mackley
Ruling and Decree
Page 5
14. The Court confirms the right to use the Garden Spring and the Field Spring decreed in Case
No. W-2218 as described above as the source of water supply for the resort development as
described above and such will be a reliable year-round water supply if operated pursuant to
the augmentation plan described herein.
15. The plan for augmentation as applied for herein is hereby granted, allowing the Applicant
the ability to divert water from Ruedi Reservoir in conjunction with the operation of this
plan for augmentation.
16. The Court hereby grants an exchange of water rights to exchange the water released from
Ruedi Reservoir to the location of the Garden and Field Springs as described above, the
exchange reach being from the confluence of Spruce Creek with the Colorado River located
generally in NW 1/4 NW 1/4 Section 34, Township 6 South, Range 94 West, 6th P.M., up to
the point of said Springs in the amount of .0176, Field Spring and .011, Garden Spring with
an appropriation date of November 30, 1998.
17. The Applicant has secured contracts for replacement water from Ruedi Reservoir and
provided a copy to the State and Division Engineer.
18 The Referee does further conclude that such rights are SUBJECT, HOWEVER, TO ALL
EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the
Division Engineer of such priorities and changes or rights in accordance with law.
19. The approval of this augmentation plan and change of water right shall be subject to
reconsideration by the Water Judge on the question of injury to the vested rights of others
for a period of two years from the date of this decree.
20. In administering the augmentation plan decreed herein, the State Engineer shall curtail all
out -of -priority diversions, the depletions from which are not so replaced as to prevent injury
to vested water rights subject to § 37-92-305(8).
21. The Engineering Reports filed with the Water Court prepared by Zancanella & Associates
dated November 30, 1998 incorporated herein by this reference.
22. The Applicant shall install measuring devices, provide accounting and supply calculations
as required by the Division Engineer for the operation of this plan. The Applicant shall also
file an annual report with the Division Engineer by November 15th of each year on
accounting forms acceptable to the Division Engineer summarizing diversions and
replacements made under this plan.
MACKLEY-Ruling Aug
District Court, Water Division 5
Case No. 98CW225; App. Of Mackley
Ruling and Decree
Page 6
It is ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial
review.
It is further ORDERED that a copy of this Ruling shall be filed with the appropriate
Division Engineer and the State Engineer.
Dated this 25 day of JUNE
GoPY of the foreg p.� i tnt sled l0 Sil
Counsel of recorkWatt!,
Referee,---DivngineerW*nd,
State Engine
lifer__
/R�•°pow Clans, wog Dh. Na 6
ATER REFEREE
JUDGMENT AND DECREE
No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and
approved, and is made the Judgment and Decree of this Court.
DATED this /Jlday of
Copy of the foregolpg mailed to all
Counsel of record-YWater,
Referee, - -Div. gineer• an
State EngineeDate ?/tom
.�7CCCX
Dupuy Clerk Water Div. Na 6
MACKLEY-Ruling Aug
1999.
BY THE COURT:
Gam/
ater Judge, Water Div. No.
LIST OF ADJACENT PROPERTY OWNERS
Gary and Gloria Martin
349 County Road 329
Rifle, CO 81650
Arnold L. and E. Darleen Mackley
4031 County Road 320
Rifle, CO 81650
Cad H. and Nora Ruth Bernklau
7880 County Road 309
Rifle, CO 81650
Paul A. and Cada R. Bernklau
939 County Road 329
Rifle, CO 81650
Bureau of Land Management
P.O. Box 1009
Glenwood Springs,
CO 81602-1009
- 0 0
Q- u
r
- N U
gggg� 0 -
es
B W
0:1
—a
LL
—
—0. a Q
f0 43
--0
•
nm 0
m
maem30
=.-r m
—\ 0
— w
• M
=10
NomMM
=0N
H
— set .a
HEN RECORDED RETUR
o'd
a3`t.
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
// lace /9), /998 Date
Arnold Mack/e9, .E Dar/ten Mack/e9
ane) Rlc h and /Vl off/P Original Grantor
S (Borrower)
Gerold L. CJ/d Sen ii�llen 7) Qldlrglnal Beneficiary
(Lender)
$cp.(' mher /Iy /986 Dale of Deed of Trust
-September ember 11 r /9R6 Recording Date of
Deed of Trust
6CA r'f frrt. I d County of Recording
Reception and/or Film Nos. of Recorded Deed of Trust
Reception No Film No.
�9ii 5841 BNS ?SF3
Bonk No. Page Na/ /
TO TI IE PUBLIC TRUSTEEIOF
Gar f / P Id County (Tile Public Trustee to which the above Deed of Trust conveys the said properly.)
Please execute This release, as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or (heyurpose of the,
Deed of Trust has been fully satisfied. Qr%9/Oaf note & d¢ed of trust e}ahfb, red aS palc4 anti
Gerold 4 OIclSen anti lie./on f1 Oldsen e nc¢1/ed
Current Owner and (folder of the Indebtedness Secured by Dad orTruai (.ender)
Book and Page of Deed of Trust
Name and Title of Agent or Officer of Current Owner and Holder
mad 50. OidA-ham Signature
h' °.� it/AO (O&4c n'
State of Colorado, County of
cknowledged before me on
(dale) by'
Signature
/ 7 !toy Public
/ Date Commission Expires My Commission =On
RELEASE OF DEED OF TRUSPecombef 31, 2003
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real properly described in said Deed of Trust to
the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust
has been fully satisfied as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl.
edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owncr or
owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest
which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, and more particularly described as
follows:
See EXh/hif P"A" al -Fad -led here'fo and by
reference incorporated herein,
TO HAVE AND TO HOLD THE SAME, with all the privileges and appurtenances thereunto belonging forever; and fuer 1 do
hereby fully and absolutely release, cancel and forever discharge said D d of Trust. nt
tcaMattiaftbrli
EXHIBITED: Note
Deed dTrust/ er - Public Must
4 By
STATE OF COLORADO)
COUNTY OF GARFIELD)
The foregoing instrument wa�
acknowledged before me on JUN 1 1
by Shirley I. Boulton, Deputy Public
Trusted for Garfield County, Colorado
me on
le) by
as the
sae of
County Colorado.
(o - e./_00 Date Commission Expires
if applicable, insert lisle decent or officer and name ofaureent owner and holder.
tit
Witness My Hand and Seal
T
Wry Public Ilene
Original Note and Deed of Trust Returned to:
Received by
Name and Address of Peron Creating Newly Cleated Legal Dexdplion (138.35406.5, C.R.S.)
Geed 2O ! 'Cd (/tSU
No. 935. Ree 692. (REQUEST FOR)1 OF DEED OF TRUST 0 Dndford Publishing, 1743 W.... 5t., Dene 202—(303)2928 500-19 3
EXHIBIT A
TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M.
Section 3: Lot 4.
Section 4: Lot 1, S1/2NE1/4
EXCEPTING THOSE PORTIONS THEREOF CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENTS RECORDED FEBRUARY 23, 1928
IN BOOK 133 AT PAGE 607 AS RECEPTION NO. 100768 AND OCTOBER 8, 1929 IN '
BOOK 159 AT PAGE 111 AS RECEPTION NO. 105450.
TOGETHER WITH:
1. All buildings and improvements situated thereon.
2. Water and water rights, ditch and ditch rights, reservoir and
reservoir rights, spring and spring rights, of every kind and
nature with all structures and appurtenances, including but
not limited to the Hillside Spring, the Field Spring, the
Carden Spring, the Harris Ditch and water rights from
Porcupine Creek, with all structures and appurtenances
appurtenant to and used in conjunction with the above
described real property.
SUBJECT TO:
1. Reservations and limitations of the underlying patent;
2. Reservations, mineral or otherwise contained in any underlying
deed or deeds constituting the record chain of title from patentee to
party of the first part;
3. Easements and rights-of-way of record;
4. Easements and rights-of-way, if any, not of record, but which
have been established and now exist by operation of law upon said real
property, or any portion or portions thereof;
5. All zoning and zoning restrictions and limitations, building
and building requirements, adopted by any governmental agency having
jurisdiction therof, and all ordinances, resolutions and decrees
creating special statutory districts.
11111111111111111 1111 IIID 111 11111111 111 1111111111111
526686 06/12/1998 02:08P B1072 P235 M PLSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
•
jUNNNN bold +VO1 8M' IA UI
�o
rTYL` S486;ooaa8O+
222gIVIwaw�moman�'3>>33nan
m m m m
.N 222 33iim vii N t4l0aoa
ON aai'NWWWWt9N=. (/l bl (A i/1b Ni/1(11>>>J
NN0 c (tet cit � �, �. �.m .iiia Pa i�.0000
o
F x F S S S S N b 0 d a m O 0 b 0 t3 S 0 0 S
00,0 030301033 0000 00
nsSO/000'0- tomo '0 P+�zPon
Z 2 2 2
O O O o
N N + +
o V V y 0 V O A V a a V V p 0 0 V 0 0 0 0 O 0 V
222222222222222222222222
222222222222222222222222
00°0(00(0000(°O Qn 0,�1g0Qnnn
H2 m a m m m m m m 2 2 a a r a g A 2 a m a 2 2
F F F F F F F F F F F F F F F F A- A- F F F F F F
m m m m m m m m N M m m m m m
MiTIMMAAMMVIVIMUMmm
"``Mmmm'3§mmhhmmm41
(0(0(0(000 m+0+0W.maaAAA k' 0wNN a aaa
J J V
J..4 -.IV J 01 J-4 JO) 0 OM V V -4-4 V V V J
N010303N0303N 030103 01030) 000003 MOWN
A
<a < <A <a CA a< <A aA C<A a< GC a < A a a a CAC CA a as CA G A<
OOONNNNNxINN00000(n000000r
5"12ON(/1 2 2a000000v
2
01f/1NN NOI03NN001001NN00O!AN000O
nnoon 000 no1-1
> >
m m
55555555555555 nRE
111
(0(010(0 b bb bb b b b b b lO(0 bb 0000
00
ANN NN 0'
Va a4W W W
++ 00010
A Am0000003 +a+ a 0.0a$A 0.0)m a o m m mm
000000000000000000000000
yppy 00000
4:"3:A. a a 0'0000pppAp���1 N2A N a a�rp a cflothqtin ppi i.9_9W W WmW
pO 2.b.24).
NNN N(J�NNN 2 ZWNVI 00000g
1V0111V001 N N N N N OO8 81 `Y�� N
O 0V1Aa 0 W NV NNJANJ (J4 4N1N01 0 0
8oa od .+0VJ0VAAJ 82
0000+ooppo po 5o�000a50000a5�5.�o5+.+00
00000000000)0000000 000080
00000000>000000000000000
A8A2221.92(4(4MM(4**8
A0+0N4WW(s pw .3N�1NNpNp pNp N1y mwww-im1Op00 W
IAJAN00VJ(i++011410180 _, 00 WW
Abandoned By Court Order 06/19/1987
Abandoned By Court Order 06/19/1987
39 ZiZ0. T
3 g8 R 2
'KBgno
oonn
c
• c
C C
8853
33
00
?s
231
3 3
C
NUM 00
a `.5
lrrrrr� r I—
ONS
(1 0
N0
S a-
-N-1
= - r
�0LL
M K
SCI
B m
MEM
9
CO
�em90
=
—\ m
�N •
_ww
\ M
=m
—m K
to IN
=m
�
tme O
- m w
O
z
w
0
w
O
0
U
W
z
W
x
/g'3Y/
a37
REQUEST FOR RELEASE�OF DEED OF TRUST AND RELEASE
1/4/11)044. /9).1998 Date
Arnold L Mac/ clay £ Dar/een Mack/a9
and Richard M 'Tuttle, Original Grantor
(Borrower)
Ger o/d L O/cLsen fie len 1) Q id-?)%val Beneficiary
(Lender)
.5epfornher /I /9 $6 Date of Deed of Trust
.5eel-ember 111 ON h Recording Date of
( Deed of Trust
Ga rF / e. Id County of Recording
37 T/ 2 Yz Reception and/or Film Nos.
of Recorded Deed of Trust
of Trust conveys the said properly.)
paid and/or the purpose of the.
Qyh:bi ted as paid
eanc.e/
Reception No../ Film' No.
697 H /
8 $W.J RS6 Book and Page of Deed of Trust
Book No. Page No./ /
TO THE PUBLIC TRUSTEE 4F
("1 Qr F / a Id County (The Public Trustee to which the above Deed
Please execute this release, as the indebtedness secured by the Deed of Trust has been fully or partially
Deed of Trust has been fully satisfied. Qr/final note & deed of trclSt
Gerold A l)Idsen nnri /{e/Qn /l 0/risen
Current Owner nd Holder of IM Indebtedness Secured by Deed of Trust (tender)
Nao and TillmfAgemo
nr Officer of CurrOwner and Holder /� �
� 6iP C ('/�,(/�—LL(/ * c X , 4 0.1,41c,fV
Signature ' Signature
State of Colorado, ofO{.�t..Y�efie
�u��
5a
•C-
5 i
i
MygO•%.nd Seal
Pc;
_
The foregoing request for release s acknowledged before me on : Jl_ ANN
`_:"'1'�Ia.� 19)/19,
9) e /' (date) by' r
a. p: 9 L,- 4 - SOU A/vp LLv�aM
!gN� Witness
Vitite/V 0 rOL/J St/U .91,
gatFCO
,`��P ` �- �__
-}
1.2 . 5,- .2 (O / Date Commission Expires
Notary Public
t expires.
31 a 2030
described in said Deed of Trust to
the payment of the indebtedness
the purpose of the Deed of Trust
indebtedness.
receipt of which is hereby acknowl-
quitclaim unto the present owner or
forever. all the right, title and interest
and more particularly described as
and 69
belonging forever, and further I do
tela Cemmissio
RELEASE OF DEED OF TRUSIelarlter
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property
the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or
has been fully satisfied as set forth in the written request of the current owner and holder of the said
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum,
edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and
owners of said real property, and unto the heirs, successors and assigns of such owner or owners
which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein,
follows:
see Exh;bilk •r/4•t attached here.fo
referanee inear poro,fed herein,
TO HAVE AND TO HOLD THE SAME, with all the privileges and appurtenances thereunto
hereby fully and absolutely release, cancel and forever discharge said D- d of Trust. ,
EXHIBITED: Note 4 '/
Deed of Truer:, - Public
STATE OF COLORADO) 3r
-
COUNTY OF GARFIELD)
ty Public mune.
, 5 C7 ,
J (
Hand and Seal`
%fie•.
.J' VI 0 ,r),;•.
1 ,, -'r- ? -o `i—: _ .•
9a % ice/W' ''
771e foregoing instrument was 1 1 me on
acknowledged before me on te) by Witness My
by Shirley I. Boulton, Deputy Public as the
Trustee for Garfield County, Colorado ;tee or y
County Colorado. Ja7c/ / 5(//1nl
Date Commission Expires
"1 applicable insert title &Mimi or olfim and name orcumm owner and bolder.
Original Note and Deed of Trust Returned to:
Received by
Name and Address of Person Creating Newly Created legal Deeriplion (1 31-35406.5. CRS.)
UfeaS .. cti . io3/ ��7.
No.935. Ret 6-92. (REQUEST FOC :AYES OF DEED OF TRUST®
Bedford Publishing, 1743 Waite St.. De 500303—(303)3938500-3-97
and
/ed
0
EXHIBIT A
TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M.
Section 3: Lot 4
Section 4: Lot 1, S1/2NE1/4
EXCEPTING THOSE PORTIONS THEREOF CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENTS RECORDED FEBRUARY 23, 1928
IN BOOK 133 AT PAGE 607 AS RECEPTION NO. 100768 AND OCTOBER 8, 1929 IN
BOOK 159 AT PAGE 111 AS RECEPTION N0. 105450.
TOGETHER WITH:
1. All buildings and improvements situated thereon.
2. Water and water rights, ditch and ditch rights, reservoir and
reservoir rights, spring and spring rights, of every kind and
nature with all structures and appurtenances, including but
not limited to the Hillside Spring, the Field Spring, the
Carden Spring, the Harris Ditch and water rights from
Porcupine Creek, with all structures and appurtenances
appurtenant to and used in conjunction with the above
described real property.
SUBJECT TO:
1. Reservations and limitations of the underlying patent;
2. Reservations, mineral or otherwise contained in any underlying
deed or deeds constituting the record chain of title from patentee to
party of the first part;
3. Easements and rights—of—way of record;
4. Easements and rights—of—way, if any, not of record, but which
have been established and now exist by operation of law upon said real
property, or any portion or portions thereof;
5. All zoning and zoning restrictions and limitations, building
and building requirements, adopted by any governmental agency having
jurisdiction therof, and all ordinances, resolutions and decrees
creating special statutory districts.
1111111 11111 111111 1111 111111III 11111111111 11111 11111111
526686 06/12/1998 02:08P 61072 P235 M ALSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
BASE MAP,
VICINITY of
MACKLEY
PROPERTY,
GARFIELD
COUNTY, GO.
LEGEND
Eg-A
‘1 /
,
/V
Nachloy Property
Subdivision
Bureau al Land Mansgernent
Goa Will
Paved Road
Grovel Road
Unimproved Road
Jeep or Pack Trail
Paranoid Stream
FMlotermittent Stream
Irrigatioo Ditch
Utility Line
Pipeline
Vvs
USSS &folk Voids ow 1 pak
cold lend lo ata Sae Cstation al le exhne,_
otos ol Scultlies nyks Iv Ines da -m -
San:
Um at MI Worn rot LISSI 79 IAD poi rc
Elms WO lingrreris5neItravrei Sits CB &a t241:0
3) Mil rah kaMite OprIrei to (e13).
4) WA wry rorty cwoos abirkial as 094
5) WO:Whim cni F. ee; Al Cos Offig 11r, 553) )93
Tl rto Is rilki rirsootokt e h forbolo IOW lo
110i I 6$ 6CANIK .�jec hyetchbi by arysI.t fS-
datkal md. (ram V* Edo ol boo or101 ma Mr to thy exult
fqb.orlyirri Earbsolctay oesi to Ma tit trq.
crq boo initod by kW kat Ologrolic Wortrdon Sirrim
otizho tbi PC- kilo Gen* Mimeo Spin
SCAM Liam
MITT LOCATION AP
(U.S.O S. Qvadrally(t Reform ) 11111
SW AIDS coo x atto
CCM Of 1112 sam upwatial
eirlAfg114'111" 1
pita 0.
ouyn it -re -Il
141.1¢11nDSOFF1011YOU
riA.Z*1
field Count.
PALIO & RANO Kit
118 SRI FM Sit 313
0.13111,30 MOOS 03 1333
WILDFIRE HAZARD,
VICINITY of
MACKLEY
PROPERTY,
GARFIELD
COUNTY, CO,
LEGEND
Negligible or Indeterminoie Ha or
Low Hazard
Noderate Hazard
High Hazard
Extreme Hazard
Markley Property
Paved Rood
Gravel Rood
Unimproved Road
Jeep or Pock Trail
Perenniol Stream
Intermittent Stream
Irrigation Ditch
Utility Line
Pipeline
NESS 0 ' d Bowfin Yodels CM 7S cuods
ad lard lo some dsk,Fon of h wizen
rites d IFei 6oaY3aiee, mdcirg Ore hozai later
&UM FNiA4 Mt.
doll Pak 613 VItid WA bee dilot ramAw4WA _lad* %oho* eataiy° 5i� Y2mnon
n kin UM S rs awe COI mak i4 11+.252 ISA
9rm oaf oa TITrrascgnWaa m land'
W
gret cd:retiro Poi WS 7s 22O0aalrw
2) WWI tarry 4d l eNjs ogaNrer (834.
3) Ne t? d r ed kin! as YN sceveN scmexo,(5)
.i4 h d eocwd Iplikdbwoa ay M 4I, h 1. dwprfatty Ispectol l a rr
Sabo rok ON fa LW a from
ma atormm l to Freda We r ono
tq�iti eC In* a7.q i f 17kr Namaya srrlar
SCALE: MOO
COUNTY LOCATION BAP
(USd,4. Qvadweyle Reference)
%NY e10.5 MOD N qml
MO CO WWP 9NVN N Hilo.
n7.7.744111,;;;TRAINVI,linfilssmoo.�f
�,
km
PIN OU INHP 11 -Shea
W. &a lit LUPPNamNAr
Frxzx
Car field Count
•wao • RAM Pr.
OP ear !1 !m ere
aeIron SWIM CO errs
07/30/2003 22:32 121296^329
CITY
PAGE 02
i N 0INIM6 LOP6E0 r1 111_�o
I
Ik DPEN
I; _DecK 1I coVEREDI i covERED DEoK 1
GAQIN
2
15'00 = 2500
SQ
FT