HomeMy WebLinkAbout1.0 Application• •
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970-945-8212 Facsimile: 970-384-3470
Submittal Date: 1.1;i) 102_ Base Fee: $400.00
Applicant:
"la let e rt. Lie. -i-
Address of Applicant: l v T)oX (1 g j (.'G(w( Z? Telephone:
Special Use Being Requested: �vtec�— a
Zone District:
9&3 - Ui b
Size of Property: °7 S C c res
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 will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan.
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 If you are proposing anew 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 acknowledgement 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 public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Applicant:
\i/csjv Date: V60 /o
qCTE:***Please submit three (3) COMPLETE sets of application & supporting information at
submittal. Additional copies will be necessary when application goes to the Board
of County Commissioners and/or Planning Commission.
• •
Applicant proposes to construct a guest house pursuant to §§ 2.02.28 and 3.02.03 of the
Garfield County Zoning Resolution of 1978, as amended.
1. The gross floor area of the guest house used for residential occupancy shall not
exceed 1,000 square feet, as required by § 5.03.025(1).
2. The lot size exceeds three (3) acres (the lot is approximately 35 acres), 50 percent
more than the minimum lot size (two (2) acres) required in the zone district
(A/A/RD), as required by § 5.03.025(2).
• •
Water Supply
The proposed guest house will be supplied by water pursuant to Colorado Division of
Water Resources Well Permit No. 156612, issued March 19, 1992.
A copy of the well permit is attached.
The existing well permit explicitly authorizes the use for ordinary household purposes
inside three single family dwellings on the tract that includes the site of the proposed
guest house. (See paragraph 2, Conditions of Approval, Colorado Division of Water
Resources, Well Permit No. 156612.)
Applicant has a one-third interest in the well and permit pursuant to a Warranty Deed
dated 17 May 1991, a copy of which is attached.
Wastewater Disposal
The proposed guest house will tie into an existing permitted individual sewage disposal
system, an expanded existing permitted individual sewage disposal system, or a new
permitted individual sewage disposal system in compliance with County regulations to be
determined pursuant to the County building code when the applicant applies for a County
building permit.
Application must—
be complete whereREC
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 802(e
FEB2 6 1990FOR
MEI WitAIM
aND.l_
NEL
PERMIT APPLICATION FORM
( Lz) A PERMIT TO USE GROUND WATER
( PERMIT TO CONSTRUCT A WELL
( A PERMIT TO INSTALL A PUMP
REPLACEMENT FOR NO
OTHER
WATER COURT CASE NO
RECEIVED
1 2 1990
(1) APPLICANT - mailingladdress
n
NAME "-)c wrh Ve.lT
STREET P (D. g>.ot 907
CITY Qc--7 L`j ME• C b.
(State)
TELEPHONE NO
6637/
(Zip)
—21)3— 434-S770
(2) LOCATION OF PROPOSED WELL
County 44Zr-
ALE '/<ofthe S -
Twp. 1 3 Rng. 8�
N,SI
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Ic
FOR OFFICE USE ONLY: DO -NOT WRITELAETHIS COLUMN
Receipt No. 3 G 2. �`_i \
(p r 1
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
ISSUANCE OF THIS PERMIT DOES NOT
--CONFER—A—DECREED—WATER—RIGHT—
).M 1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(II)
(A) AS THE ONLY WELL ON A TRACT OF LAND OF
35.001 ACRES DESCRIBED AS THAT PORTION OF THE
SE 1/4 OF SECTION 21 AND OF THE SW 1/4 OF
SECTION 22 ALL IN T7S, R88W OF THE 6TH P.M.,
GARFIELD COUNTY, BEING MORE PARTICULARLY
DESCRIBED ON THE ATTACHED EXHIBIT "A".
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated: L -P- 11+ 0/14 1 ,t 4-Z.
Proposed total depth (feet):
400
Aquifer gro nd water is to be obtained from:
Cf --LJ V l I l\'
Owner's well designation PNec_z_ ph...
GROUND WATER TO BE USED FOR:
(HOUSEHOLD USE ONLY - no irrigation (0)
(V) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (91
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name i kM�-�. TOkI . iC� �&L OD
Street { 1: % 'rE i-4 82 ) t- 1070
city
e-, Cb `x(021
�j 7 (State) (Zip)
Telephone No —i 27' iSCI Lic. No c4
2) THE USE OF GROUND WATER FROM THIS WELL IS
LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD
PURPOSES INSIDE THREE SINGLE FAMILY DWELLINGS,
THE IRRIGATION OF NOT MORE THAN ONE ACRE OF
HOME GARDENS AND LAWNS AND THE WATERING OF
DOMESTIC ANIMALS.
3) THE RETURN FLOW FROM THE USE OF THIS WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON—EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. -1r,77'
APPLICATION APPROVED
PERMIT NUMBER
1E4%1 '
DATE ISSUED MAR 1 9 1990
EXP
ATION DATE MAR'r 9 1992
BY
I.D.
a. 4
(STATE ENGI R)
.a_ 2,7t�:�:C�'
COUNT 3, 3
1J�
•
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SEE MAP
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C0UNTy
• •
Adjacent Property Owners
(parcel 319)
Duane R. and Elizabeth G. Stewart
P.O. Box 216
Carbondale, CO 81623
(parcel 324)
Richard B. Veit
P.O. Box 1134
Carbondale, CO 81623
(parcel 114)
Rick and Florence Arm Broadhurst
P.O. Box 185
Carbondale, CO 81623
(parcel 301)
Phillip R. and Patricia A. Lacerte
13155 Noel Road FL 22
Dallas, TX 75240
(parcel 184)
Stephen and Helen C. Low
2855 Tilden St. NW
Washington, DC 20008
Bureau of Land Management
50629 US Hwy 6 & 24
Glenwood Springs, CO 81601
FLCORDtD=',..1E9
>°.
_ c • 2:364, 41'
BA 804 racE405
J'Fgf.1C!N411r1-.c �GJ1Rrp
WARRANTS' {11 ED '
ling Sin 1160 ZwYs clod. F1.
II
THIS DEdf. :lade this 17th day of May , 19 91 , between RICHARD B. VEIT o t e - "',
County of Garfield and State at Colorado, grantor, and JANE R. BAKER whose legal
_address is P. O. Box 981, Carbondale, Colorado 81623, o: the County of Garfield and.
. State of Colorado, grantee:
WITT",SSET1d, That the grantor for and in consideration of the sum•of TEN DOLLARS
and other good and valuable considerations, the receipt and sufficiency of which is
.hereby acknowledged. has granted, bargained. sold and conveyed, and by theme.'
presents dces gr.nt, bargain sell, convey and confirm, unto the grantee, her heirs
awl assigns forever, all the real property together with improvements. if any,",.
situate, lying and being in the County of Garfield and State of Colorado described
as follows:
A parcel of land situated In the NE; of the SE1 of Section 21 and the.
W} of the SW} of Section 22, Township 7 South, Range 88 Weet of the Sixtu•
Principal Meridian. County of Garfield, State of Colorado; said parcel
being more particulerly described as follows:
Beginning at the Last Sixteenth Corner of said Section 21. a B.L.M.
Aluminum Cap in place; thence S. E9°47'38" E. along the East-West
centerline of said Section 21, b67.39 feet to the True Point of
Beginning; thence continuing along said centerline S. 89'47'36" E. 656.60
feet to the Quarter corner coumon to said Sections 21 and 22, a B.L.H.
Aluminum Cap in place; tnence S. 88'46'08" E. along the East-West
centerline of said Section 22. 151.31 feet; thence leaving said
ceu•erline 5. 15'07'38" E. 475.13 feet; thence N. 9'23'48" E. 218.LO""h;:
feet;' thence S. 73°04'26" E. 175.11 feet; thence S. 80'42'23" E. 178.50''
feet; thence N. 83'39'15" E. 258.90 feet to a pnint lying on the Westerly
line of a parcel of land described in Reception No. 258713 of the records
of the Garfield County Clerk and Recorder's Office; thence S. 04'S2'21','
W. along said Westerly line 142.06 feet; thence S. 87'43'40" E. along the'.:.
Southerly line of said parcel 7.52 feet to a point an the Westerly right
of -way of Garfield County Road No. 107 (according to Reception No. 134670
and 134671 of said Garfield County records); thence S. 05°11'33" W. along
said Westerly right-of-way 1449.29 feet to a point (we the Northerly line
of a parcel of land described in Reception No. 25...67 of said Garfield
County records; thence leaving said right-of-way and continuing along `a
said Northerly line N. 89'53'13" W. 24.02 feet to a point on the Easterly-.'
' line of a parcel of land described in Reception No. 299394 of said
Garfield County records; thence along the Easterly and iortberly lines of,
said parcel the following two (2) courses:.
1J: along the arc of a non -tangent curve to the. right having a
ceatral angle of 03'35'01", a radius of 189.00 feet, a distance
of 11.82 feet (chord bmars N. 05'46'12" E. 11.82 feet);
2'i N. 61'09'18" ':. 140.84 feet; thence N. 36"02'36" W. 2496.51 feet. -
to the True Point of Beginning; saia parcel containing 35.001 acres, more
or less.
together with a one-third (1/3rd) inter-•st in a water well situated
on frantor's tdjacent property to the vest, and the water and water ;`
rights connected therewith. Sucb well is under Well Permit No:-, 156612
issued by the State of Colorado. Sucn well is situated on Grantor's land;
about thirty (30)'_'ket below the Park Ditch and appoximately 100 feet
west of 'the westerly boundary of the above described parcel.. There is
"also hereby granted .c the Grantee an easement for a water line, ten•(13)'
feet in', width, from the above described well easterly to -the vest:.
boundary of .the above described parcel. Grantee shall be responsible for
the maintenance of said water line. and if repairs are necessary shall
restore tt.J surface of the ground to its original condition. Grantee
shall also be responsil.le for one-third (1/3rd) of the maintenance and
repair roars, and the operation expenses. of said waterwell.
Together with, but without -warranty hereunder, 3.33 shares .:of -the
Park Ditch and Reservoir Co
Reserving onto Grantor all of his right. title and interest:in and.;
"to' tits Strooct Well. No. 1. and the water rights connected therewith.,
being all rights in said well and well eaters not `reserved in Warranty.
:Deed recorded as Reception No. 258713 in -Book 445 at: Page 493 of. the'
Garfield County records. , Also reserving an easement. ten lest is width.
:: for: a-vater.;line from tbe, said Stroock Well No..1 sortbarly ovsr:; the stoat
2.
L
oLv
bOS 804 riat406
BON 810
feasible and direct route to the 10.001 acre parcel adjacent to the
northeasterly boundery et the lend herein conve.yed.
`la
Reeervine ento arantor a ten (10) foot easement for a water line
from tae well on Grantor's parcel to the west of, and adjacent to, the
above described parcel, being the well under Well Permit No. 156b12. ' oe
sate eaaer line easement traverses the above described parcel easterly
from said well to a 10.001 ecre parcel adjacent to the noatheesterly
boundary of the above described land. and is described as five (5) feet
on either side ot the folloutng d scribed centerline.
aeginning as said well, thence N. 69'46'09" E. 325.74 feet; thence
S. 8732'56" E. 424.88 feet; thence N. 4931'16 E. 78.37 feet to the
bnundary of said 10.001 acre parcel.
. •
Reserving unto Grantor an existing road right-of-way traversing the, '` a
above described parcel in a generally east -west direction and lying '
approximately 150 feet southerly of, and parallel to. the Park Ditch from
Garfield County Road 107 far approximately 1000 feet west from said
County Road; thence crossing said Ditch, the roadway continues. westerly
approximately 150 feet north of and parallel to said Ditch to the west
boundary of tne above described parcel. Sato roadway is for the joint , a
use, for ingress and egress. of grantor. grantee, and Andrew Schwaller
and Alexandra Schwaller, their guests. licensees and invitees, and shall.
inure to the benefit of said parties' heirs, personal representatives,.
•
successors and assigns.
. .
TOGETHER with all and singular the hereditaments and
belonging, or in anywise appertaining. and the reversion and
and remainders, rents, issues and profits thereof, and all the
interest, claim and demand whatsoever of the grantor, either
i d t the above bar ained premises, with the hereditamenta
n an o 8
4.
a,•
• , , a„a
aa ie.:a
appurteeances' thereto ,-,aaa•a
reversions, remainder
estate, right, title,
in law or equityofeat
arid:appurtenancas..aa?aia.
TO RAVE AND TO "OLD the said premises above bargained and described, with the aaae,
appurtenances. unto the grantee. her heirs and assigns -forever. And the grantoreaa
for himself. his heirs. and personal representatives. does covenant, grant, bargain -
and rgree to and with the -grantee, her heirs and assigns. that at the time ea the- --j
easealing and delivery of thtse presents. he- is well seized of thw premises alnaveaaa.
conveyed. has good. sure, perfect, absolute and indefeasible estate of inheritanceba
in law, in fee simple, and has good right, full power and lawful authority to grant,:;aaaa:a
baraain, sell and cnnvey the same in manner and form as aforesaid, and that the
are
-
are free, and clear from all former and other grants. bargains, sales, liens,.taxes.
- assessmeuts, encumbrances and restrictions of whatever kind or nature soevaa. except
:.ageneral property taxes and assessments for the current year. easements and. rightseaaa4a.
aa:of-way in use and of record and covenants and restrictions contained in document
recorded as Reception No. 320029 in Book 592 at Page 955 of -..he Garfield Counal-eAaa
Colorado records. .• ' ' :
The
grantor shall and will WARRANT AhD FOREVER DEPEND thea-above-bargaineda=a,
(A.44.11,
:aa premises in the quiet am! :peaceable possession of the grantee,. her heirs andTP*.:;4'
a nssigns. against all and every person or persons lawfully claimingthe-whole oraanaaaaaa
. .
part
thereof. -"
.
al.N VITNESS W4EREOF.: the grant r hair executed this Td d on .'thea date;:apetaafortha,
eaaaaaa)aaaaaaaaaae
, .A
aaaThe foregoing instrument was acknowledges before me in Che CountyamfGarfieldaaatateaa
-'40UColorado, this /17 dayof;27"iire • 4991.brAtICHARD:14:yEITq''''-'
, .
My commission expires:
Witness my head and oifi al
r ,
Laaaa,,Ca
• •
Jane Baker Veit
P.O. Box 981 Carbondale CO 81623 (970) 963-0680
January 29, 2002
Board of County Commissioners
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Re: Application for Special Use Permit for Guest House
Dear Commissioners:
Peter D. Nichols is authorized to act on my behalf to make application for a Special Use
Permit for a guest house to be located on my property in Heuschkel Park in Sections 21
and 22, Township 7 South, Range 88 West, 6tli Principal Meridian.
Sincerely,
Jane Baker Veit
Cc: Peter D. Nichols
1111111 11111 111111 111111111 11111 11%111 1111111111111 • ‘SalviLit
601190 04/12/2002 11:12A B134 13 M ALSDORF
1 of 1 R 5.00 D 0.00 GARF'IELD COUNTY CO
Quit Claim Deed
147
This
This indenture, made this ,� ii day of, 2002 between RICHARD B.
VEIT, of Garfield County, Colorado, grantor, and JANE BAKER VEIT, of Garfield
County Colorado, grantee. (The terms "grantor" and "grantee" include the respective
heirs, successors, successors -in -title, legal representatives and assigns of the parties
where the context requires or permits.)
Grantor, for and in consideration of the sum of TEN DOLLARS paid at and before the
sealing and delivery of this instrument, and for other valuable consideration, the receipt
and sufficiency of which is acknowledged, has granted, bargained, sold and quit
claimed, and by these presents does grant, bargain, sell and quitclaim to grantee, a one
third interest in a water well situated in Grantor's adjacent property to the west, and the
water and water rights connected therewith. Such well is under Well Permit No.
156612 issued by the State of Colorado. Such well is situated on Grantor's land about
thirty (30) feet below the Park Ditch and approximately 100 feet west of the westerly
boundary of Grantee's parcel. There is also hereby granted to the Grantee an easement
for a water line, ten (10) feet in width, from the above described well easterly to the
west boundary of the Grantee's parcel. Grantee shall be responsible for the
maintenance of said water line, and if repairs are necessary shall restore the surface of
the ground to its original condition. Grantee shall also be responsible for one-third
(1/3) of the maintenance and repair costs, and the operation expenses, of said well.
To have and to 1 -hold the property, together with all and singular the rights and
appurtenances thereof, to the same belonging or in any way appertaining, to the only
proper use and benefit of Grantee in fee simple.
In witness, grantor has signed, sealed and delivered this deed the day and year written
above.
Richard B. Veit
State of Co orado
County of %(eLp
ss
The above instrument was acknowledged before me on
by RICHARD B. VEIT.
My commission expires:
--RztuLA" )0,
ye/
A(2)( //3
:. �I•
otary
Witness my hand and official s
N :2-00to
•z -e
=mac:
�. ,fir
/3
• •
Mr. and Mrs. Stephen Low
P.O. Box 797
Carbondale, CO 81623
TO: The Garfield County Board of Commissioners
FROM: Stephen and Helen C. Low
County Road 107, Carbondale, CO.
SUBJECT: Application of Jane Baker Veit for a special permit to permit
construction of a guest house on her property.
DATE: March 7, 2002
We will not be present for the public hearing the the subject application on
April 1, 2002. However, the record should show that we have no objection
to the application.
asa
Helen C. Low
RECEIVED MAR 1 2002
• •
Quit Claim Deed
► 1l✓
This indenture, made this 1 / day of 1442002 between RICHARD B.
VEIT, of Garfield County, Colorado, grantor, and JANE BAKER VEIT, of Garfield
County Colorado, grantee. (The terms "grantor" and "grantee" include the respective
heirs, successors, successors -in -title, legal representatives and assigns of the parties
where the context requires or permits.)
Grantor, for and in consideration of the sum of TEN DOLLARS paid at and before the
sealing and delivery of this instrument, and for other valuable consideration, the receipt
and sufficiency of which is acknowledged, has granted, bargained, sold and quit
claimed, and by these presents does grant, bargain, sell and quitclaim to grantee, a one
third interest in a water well situated in Grantor's adjacent property to the west, and the
water and water rights connected therewith. Such well is under Well Permit No.
156612 issued by the State of Colorado. Such well is situated on Grantor's land about
thirty (30) feet below the Park Ditch and approximately 100 feet west of the westerly
boundary of Grantee's parcel. There is also hereby granted to the Grantee an easement
for a water line, ten (10) feet in width, from the above described well easterly to the
west boundary of the Grantee's parcel. Grantee shall be responsible for the
maintenance of said water line, and if repairs are necessary shall restore the surface of
the ground to its original condition. Grantee shall also be responsible for one-third
(1/3) of the maintenance and repair costs, and the operation expenses, of said well.
To have and to hold the property, together with all and singular the rights and
appurtenances thereof, to the same belonging or in any way appertaining, to the only
proper use and benefit of Grantee in fee simple.
In witness, grantor has signed, sealed and delivered this deed the day and year written
above.
Richard B. Veit
State of Co orado
County of
ss
The above instrument was acknowledged before me on /TV,
by RICHARD B. VEIT.
My commission expires:
fl ADZ
Witness my hand and official s
otary ' bl
[Date]
DATE ,/ja -CDU
COPY • NOT COMPARED
ORIGINAL RECORDED WITH
RECEPTION #26/`94
BOOK/q j PAGE/-?
MILDRCD ALSDORF
GARFI DSON ,LERK
W -J-S- R e v.. 76
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
cation mRbe complete whereEC�NED
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
FEB2 6 19900R:
slue 1521=111
5111111 BMWS
PERMIT APPLICATION FORM
( �A PERMIT TO USE GROUND WATER
(_ ..A PERMIT TO CONSTRUCT A WELL
( [Cf A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ► OTHER
WATER COURT CASE NO. TTL.
RECEIVED
i'.)AR1 2 1990
WATER pin
lt:/ :TAU - ENGINEER
26 -`'tri► . ,
0324.72
u+wr. nnt5
(1) APPLICANT - /mailing�address
NAME i)�,if-44.Il E1T
STREET P(D. i3o,t 907
CITY 0(--I3 L• M E C 0637/
(State)4341-S-170
(Zip)
TELEPHONE NO 1-20S-- T`s - s r o
(2) LOCATION�OF PROPOSED WELL
County �--[ A42. L )
NE '''% of the S ,C
Twp. 1 5 Rng.
(N.S)
(et
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water J
to be appropriated (acre-feet)' `
Number of acres to be irrigated: /J{�5 'H -rim /� Z.
Proposed total depth (feet):
00
Aquifer gro nd water is to be obtained from:
Cf-UVI(-IM
Owner's well designation Pxec_(tc- L.
GROUND WATER TO BE USED FOR:
!c -
FOR OFFICE USE ONLY: DIHSIOT WRITEJLI'rH
TT:.:
Receipt No
111.1
3\c) 1b CLI in 2E
COLUMN
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
ISSUANCE OF THIS PERMIT DOES NOT
--CONFER—A—DECREED—WATER—RIGHT--
r.m 1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(II)
(A) AS THE ONLY WELL ON A TRACT OF LAND OF
35.001 ACRES DESCRIBED AS THAT PORTION OF THE
SE 1/4 OF SECTION 21 AND OF THE SW 1/4 OF
SECTION 22 ALL IN T7S, R88W OF THE 6TH P.M.,
GARFIELD COUNTY, BEING MORE PARTICULARLY
DESCRIBED ON THE ATTACHED EXHIBIT "A".
(HOUSEHOLD USE ONLY
(VI DOMESTIC (1)
( ) LIVESTOCK (2)
( ) COMMERCIAL (4)
- no irrigation (0)
( ) INDUSTRIAL (5)
( ) IRRIGATION (6)
( ) MUNICIPAL (8)
( I OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Si+11:4_,rold Da.K.Liksr a
Street .1911 SvrA'rE Guy 82 ✓ tf3 1070
n
I'
City
(State) (Zip)
Telephone Nog 27- 31:59 Lic. No .94
2) THE USE OF GROUND WATER FROM THIS WELL IS
LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD
PURPOSES INSIDE THREE SINGLE FAMILY DWELLINGS,
THE IRRIGATION OF NOT MORE THAN ONE ACRE OF
HOME GARDENS AND LAWNS AND THE WATERING OF
DOMESTIC ANIMALS.
3) THE RETURN FLOW FROM THE USE OF THIS WELL
MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON—EVAPORATIVE TYPE WHERE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED. "":40.7715--/5"-9c
APPLICATION APPROVED
PERMIT NUMBER
1.56;1.
DATE ISSUED MAR 19 1990
EXP RATION DATE MAR,19 1992
.. !,/► .
(STATE ENGI, R)
:-?7. /�GZU
COUNTY �
nn
cC tSCompanti
8611 Count* Road 117
gemmed Spm Co 81601
"Pearse: 970-945-6159
eee&: 970-948-6159
Jaa: 970-945-6159
Well Test
TO: Andy Schwaller
Box 323
Carbondale, Co. 81623
DATE: April 17, 2002
RE: Veit Well test
Attn: Andy,
A four hour well test was performed on a well located at 1430 Red Hill Road. The
following results were obtained:
Well Depth: 300'
Water level: 262'
Drawdown: 13'
Sustained Yeild: 15 GPM
Clarity: Clear
Recovery: 95% within 15 minutes
Samples: State Standards Sent to GJ Independent Lab
Comments: This well indicates adequate flow for the needs of
Three single family dwellings consuming @ 350
Gallons per day per household.
If you have any questions, please call Rick , 945-6159.
Richard A. Holub
Lic. No 1196
Thank You!
����
�� JOHN C. KEPHART & CO'
- -
| )0N | N[T\ [AAJ 7l|� J |�.`.. " ..
435 NORTH AvENuE • PHONE: (970) 242-7618 • FAX (970) 243-7235 • GRAND JUNCTION, COLORADO 81501
Received from:
— ANALYTICAL REPORT —
J & M Pump Co.
Rick (970)945-6159
8611 - 117 Road
Glenwood Springs, CO 81601
8953 water
Customer No. Laboratory No. Sample
4/18/02 5/7/02
Date Received Date Reported
Sample
Total Suspended Solids
Nitrate(N)
Nitrite(N)
Total Coliform Bacteria
8953
WATER received 4/18/02
<5 mg/1
2.41 mg/1
0.00 mg/1 (<0.01)
O colonies/100n3
Method Date tested
TSS EPA 160.2 4/22/02
Nitrate ASTMD3867-908 4/25/02
Nitrite ASTMD3867-908 4/18/02
TCB SM 9222B (MF) 4/18/02
Director: B. Bauer
Mar 18 02 10:36a Peter D. Nichols LLC
•
P.E. R D. NICHOLS
970-963-0697
•
ATTORNEY AT LAW
FAX COVER SHEET
PETER D. NICHOLS LLC
325 SATANK ROAD 106
POST OFFICE Box 1778
CARBONDALE • CO 81623
970.963.6273 (TEL)
970.963.0697(FAx)
peternichols@a sopris.net
Date: 31 it' iz_
To: 0,„ 5-4‘ bre
Fax No:
5 o Y _ 3
From: pjtie,.0.A.5
Re: U
?+ (fp.s. /Nora—
Number of pages following this cover sheet: 3 -
CONFIDENTIALITY: The information contained in this facsimile cover sheet and
the document(s) that follow are for the exclusive use of the addressee and may
contain confidential, privileged, and/or nondisclosable information. If the
recipient of this facsimile is not the addressee, or a person responsible for
delivering this facsimile to the addressee, the recipient is strictly prohibited from
reading, copying, distributing, or otherwise using this facsimile, or its contents, in
any way. If the recipient has received this facsimile in error, please call us
immediately and return the facsimile to us via the United States mails. Thank you.
If you need any of the pages resent, please call 970-963-6273.
If you do not call within 45 minutes, we will assume that you have received the
pages satisfactorily.
p.1
Mar 18 02 10:37a Peter D. Nichols LLC
•
97063-0697 p.2
ARTICLE LI
DEFINITIONS
Section 1. "Owner" shall mean and refer to the record
owner or owners of any tract, whether one or more persons or
entities, including contract sellers and contract purchasers,
but excluding any person, or persons, claiming an interest
in the protected area by reason of an interest in an easement
or right-of-way, and excluding all persons having an interest
in the protected area as security for the performance of an
obligation.
Section 2_ A "tract" shall mean each parcel conveyed
by Daniel W. Stroock, or his successors in interest, (herein-
after referred to as "Stroock") (all subsequent references
to Stroock shall be deemed to include his successors in
interest unless otherwise specified) from the protected area
above described with one ownership, whether such ownership
be in the name of one, or more, persons, including the
carcei owned by Stroock, excluding, however, easements or
rights-of-way; provided, however, any such parcel or "tract"
may, from time to time, subject to acreage limitations
hereinafter expressed, be divided into two or more tracts,
each such divided parcel thereupon becoming a separate
tract. The portion of the protected area not conveyed shall
constitute a tract.
Section 3. The "meadow" shall be that portion of the
:rotected area described as follows:
A meadow in the Sw3g of Section 22 and the SE1 of
Section 21, Township 7 South, Range 88 West of the 6th
Principal meridian, described as follows:
Beginning at the SE corner of the FE:SW: of said
Section 22 whence the SW corner of Section 22 bears S.
63°37'06" W. 2888.42 feet; thence N. 00°58'40" W.
430.10 feet; thence N. 64°15'54" W. 7_1.45 feet; thence
N. 73"23'05" W• 837.23 feet; thence N. 87°43'40" w.
690.00 feet; thence N. 04°52'21" E. 142.64 feet to
a ditch; thence along said ditch the following
courses: S. 83°39'15" W. 259.71 feet; thence N.
80°42'23" W. 178.50 feet; thence N. 73'04'26" W. 175.11
feet; thence S. 89°23'48" W. 218.00 feet; thence S.
86°01'12" W. 212.00 feet; thence S. 82°51'42" W. 148.00
Mar 18 02 10:37a Peter D. Nichols LLC
•
feet; thence
77°39'12" W.
feet; thence
73°31'26" W.
feet; thence
60°50'56" W.
feet; thence
74°21'59" E.
feet; thence
68°30'33" E.
feet; thence
55°29'48" E.
feet; thence
83°24'48" E.
feet; thence
72°07'51" E.
feet; thence
06°09'21" E.
feet; thence
85°20'41" E.
00°58'40" W.
containing
970-963-0697
S. 68°26'42"
283.00 feet;
N. 79°14'49"
278.00 feet;
S. 55°21'11"
186.00 feet;
S. 67°05'49"
777.86 feet;
S. 79°08'33"
347.00 feet;
S. G5°44'03"
149.90 feet;
N. 55°55'42"
201.00 feet;
N. 80°12'51"
207.00 feet;
S. 77°22'38"
117.20 feet;
N. 3B°05'08"
229.47 feet;
372.84 feet;
106.44 acres, more
p.3
?:r.:E9E 2
W. 231.00 feet; thence S.
thence N. 69°16'33" W. 180.00
W. 81.00 feet; thence S.
thence N. 84°02'19" W. 170.40
w. 382.50
thence S.
E. 336.60
thence S.
E. 225.00
thence S.
E. 212.60
thence S.
feet; thence
22°46'04" E.
feet; thence
61°13'33" E.
feet; thence
75°09'33" E.
feet; thence
61°09'18" E.
E. 86.90 feet; thence S.
thence N. 85°27'21" E. 199.17
E. 361.00 feet; thence N.
thence N. 87°04'21" E. 203.00
E. 383.60 feet; thence N.
N. 70°47'08" W. 130.70
00 feet; thence N.
leaving said ditch N.
point of beginning,
or less.
S.
182.70
S.
254.00
S.
260.00
s.
260.00
thence
W. 124
thence
to the
ARTICLE III
PROTECTIVE COVENANTS
Section 1. No tract, whether or not divided or sub-
divided, shall be less than ten acres.
Section 2. Each tract shall be used for residential
and' -agricultural purposes only, and there shall not be
erected on any one tract more than one single family dwelling;
except that four detached single family dwellings, together
with guest houses, appurtenant swimming pools, tennis courts,
barns or stables and garages, for not more than three
vehicles each, shall he permitted on the 43 -acre tract
described in and conveyed by the Warranty Deed from Daniel
w. Stroock to Stephen Low and Nolen C. Low, dated March 2,
1973, and recorded March 13, 1973, in Book 441 at Page 502
of the Garfield County records. Each single
may also have one guest house, together with
stable, and other suitable auxiliary and out
family dwelling
a garage, barn,
buildings.
Section 3. In addition to the restrictions upon con-
struction or location of improvements in the protected area
elsewhere set forth in this instrument (1) no dwelling or
appurtenant structures shall be permitted in the Wh.SE:,
Mar 18 02 10:37a Peter D. Nichols LLC
97063-0697 p.4
5S F" --E963
SE.SE: and SW NEk of Section 22, T. 7 S., R. 88 W., 6th P.M.
unless access thereto is provided exclusively by means other
than the utilization of any portion of Garfield County Road
No. 107 lying north of the south line Of said Section 22;
and (2) dwellings and appurtenant structures in. the WISE;
and S£:SE: of Section 21, the sW7 of Section 22, and the
NW',NW; and Lot 4 of Section 27, T. 7 S., R. 88 W., 6th P.M.,
which utilize any portion of Garfield County Road No. 107
lying north of the south line of said Section 22 shall be
limited to the following: (i) the four dwellings with their
appurtenant structures permitted by the covenants set forth
in the Warranty Deed recorded in Book 441 at Page 502 of the
Garfield County records, referred to in Section 2 above;
(ii.) the dwellings with their appurtenant structures now or
hereafter placed upon the tracts described in Book 539 at
Page 404, Book 445 at Page 493, Book 450 at Page 259 and
Book 539 at Page 405 of the Garfield Country records; and
(iii) the next five dwellings with their appurtenant structures
hereafter constructed or located on said lands.
Section 4. All structures or improvements of any kind,
except fences, walls, or other improvements defining boundaries,
shall be set back from the property line of any tract at
least one hundred (100) feet, excepting, however, (1) any
property line which abuts the public domain or private
property which is r.ot included within the protected area;
or (2) two adjoining tracts if the owners thereof agree
in a recorded document to less than one hundred (100) foot
set back with respect to their adjoining boundary.
Section 5. No trees, bushes, natural foilage, or
vegetation shall be so cut, removed, or otherwise damaged
as to damage or destroy unduly the natural, unspoiled
character of the property, excepting, however, as may be
necessary for the construction of improvements, for providing
ingress and egress to such improvements, and for the con-
Mar 18 02 10:37a Peter D. Nichols LLC
•
97063-0897 p.5
552 r rc9Fj.1
struct:on and maintenance of utilities and roadways. The
limitations contained in this covenant shall not apply
to reasonable agricultural practices in the meadow.
Section 6. No animals, livestock, or poultry shall
be raised, bred, or kept or maintained on any tract, as a
business; provided, however, this limitation shall not
prevent the maintenance, breeding, use, or sale, of such
animals on any tract for personal uses and incidental to
the use of such tract for residential purposes. The main-
tenance of a kennel and other improvements upon the tract
presently owned by Leslie R. Roberts and Janis L. Roberts
described in a deed recorded in Book 445 at Page 493 of
the Garfield County records, is hereby specifically excluded
trom this covenant and from the set -back covenant to the
a:<tent that the same are presently constructed and presently
operated. Should such sot -hack violation or stahle or
keanol operation be removed or discontinued, by Roberts or a
Future owner, for a six mouth period, such violations shall
not thereafter be again permitted or attempted, it being
understood and agreed that such use as a stable or kennel may
be continued and maintained on its present scale, but not
expanded.
;ARTICLE IV
:A ADGW RESTRICTIONS .\ND RIG}i'r OF FIRST REFUSAL
Section 1. In the event that 'L meadow, at the
election of Stroock, (for the purposes of this Article
Iv, not including his successors in interest) shall be
used for grazing animals, the owner of each tract shall
have a proportionate right to graze animals upon the meadow
at the then prevailing grazing rate for the area, each
owner having an equal right;
provided, however, only a
reasonable number of animals shall be grazed upon said
meadow as may be determined by Stroock during the period
Mar 18 02 1O:37a
Peter D. Nichols LLC 970-63-0697
P"rE3b5
that ne shall be the owner of any tract within the protected
area. Such right to graze shall be limited to that portion
of the meadow owned by Stroock and such right shall cease
and terminate at such time as Stroock's ownership of such
meadow shall terminate and shall not be binding upon Stroock's
successors in interest. Nothing in this Section 1 shall be
deemed to modify, alter, limit or reduce =hose grazing
rights in the meadow acquired by Stroock's grantees by
warranty deed from Stroock prior to the date of recording of
this instrument, and by the successors in interest of such
grantees, including but not limited to those Warranty Deeds
from Stroock recorded in Book 441 at Page 502, Book 445 at
Page 493, Book 450 at Page 259, Book 429 at Page 179, and
Book 429 at Page 166.
Section 2. In the event that Stroock shall receive a
bona fide offer, which offer he is willing to accept, for
the purchase and sale of the meadow, or any part thereof,
during the term of these covenants, Stroock agrees to notify
each of the record owners of the protected area of such
offer to purchase and sell, reciting in reasonable detail
the terms and conditions thereof. Within thirty (30) days
after the mailing of such notice, said record owners,
individually or jointly, shall have, and are hereby granted,
an option to purchase the premises described in said notice
at the price, and upon the terms and conditions, contained
in such good faith offer to purchase said property. In
such case, said record owners must agree among themselves,
in some manner, the means by which title to said property
shall be taken. In the event that the owners, or some of
them, shall not have accepted such offer within the time
herein provided, Stroock may, thereupon,
sell said meadow,
or part thereof, in accordance with the price, terms, and
conditions contained in such good faith offer; in such
case, such third party purchaser shall take title to the
Mar 18 O2 1O:38a Peter D. Nichols LLC
111
97063-0697 p.7
property so r_urcnased free and clear of owners' right to
purchase same, or to graze animals thereon. Thereupon
the property purchased shall be subject to the remainder
of these covenants to the same extent as any other tract.
Unless sooner terminated, the option herein granted shall
expire 20 years after the death of the last survivor of all
natural persons who are record owners on the date of recording
of these covenants.
Section 3. The meadow may be used only for agricultural
purposes, including commercial agricultural purposes; pro-
vided, however, such use of the meadow shall not unreasonably
alter its present or past use. to no event shall any
residential structures, temporary oL permanent, be placed
or allowed to remain upon the meadow.
ARTICLE V
;ENERAL PROVISIONS AND RESTRICTIONS
Section 1. Motorized equipment, garbage cans, service
yards, or storage areas shall be adequately screened by
plantings or construction.
Section 2. Wo obnoxious, offensive, or other activity
which would constitute a public or private nuisance or
annoyance to the neighborhood will be permitted.
Section 3. Dangerous or wild animals may not be kept
or maintained, permanently or temporarily, upon any tract.
Section 4. No advertising signs, billboards, cr
unsightly objects shall be maintained or erected.
section 5. No junk or trash will be allowed to
accumulate on any tract, and the same must be regularly
removed.
Section 6. These covenants and restrictions may be
enforced by proceedings at law or equity against any person,
or persons, violating or attempting to violate the same,
either to restrain any violation, or to recover damages,
or both.
Mar 18 02 1O:38a Peter D. Nichols LLC
•
970-563-0697
..'
55ti I5r_9 I'
Section 7. I:ivalidation of any of these covenants
or restrictions by judgment, court order, or otherwise,
shall in nowise affect any other provision which shall
remain in full force and effect.
Section 8. The covenants and restrictions contained
herein shall be binding upon all parties, and all parties
claiming under them for a period ending July 2, 1991, after
which time said covenants shall be automatically extended
for successive periods of ten (10) years unless an instru-
ment signed by the then owners of two-thirds of the then
tracts shall be recorded prior to the end of any such ten-
year period terminating or modifying said covenants and
--restrictions-in accordance with -the proo-l-arons o -f such
instrument. Said covenants and restrictions may, from
time to time, be modified or amended by an instrument in
writing signed by the then owners of two-thirds of the then
tracts. Each tract, regardless of acreage, shall be
entitled to one vote, and the various owners, or co-owners,
legal or equitable, of any such tract shall either combine
to exercise said one vote, or may proportionately split such
vote in proportion to the number of said co-owners. The
owner, or owners, collectively, of the meadow shall not
have a vote by reason of such ownership, if such owner, or
owners, are entitled to another vote, as the owner of
a separate tract.
p.8