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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) A Street Address / General Location of Property: -2 5 c (1 i)CIAL f' A i,' IZ I fie ( V ,/L, s`c.' A Legal Description of Parent Property: IV f V4 56 114 of 5,42.0+to ) 33i-otitu.(3 r ( Soul iQ(wee, 9 3 L 5t_o t Size of Property (in acres) as of January 1, 1973: A Current Size of Property to be Subdivided (in acres): q 0 A Number of Tracts / Lots Created Including remainder of Parent Property: 4 A Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: A containing /0.0q4 acres o Lot #: 6 containing /u, 043 3 acres o Lot #: `' containing f0.015- acres o Lot #: 0 containing /0, ° 3g acres o Lot #: containing acres A Property's Zone District: A Name of Property Owner (Applicant): Dor c l ej- Address: 01 S-5- ;-)v 1--f. Telephone: G 7 0 - iv S` -O33 A City: g' it State: cc Zip Code: Mike) FAX: '?O -f Ls.eft A Name of Owner's Represent tive, if any (Planner, Attorney): Joh 1 of A Address: 5 A n.- _ Telephone: A City: State: Zip Code: FAX: STAFF USE ONLYRECEIVED D Doc. No.: Date Submitted: TC Date:MAY 2 3 2005 BUILDING & PLANNING I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. } Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. Provide proof of legal and adequate source of domestic water for each lot created. -Method of sewage disposal. �9. Provide a letter of approval of fire protection lan from the appropriate fire district in ich the subject property is located. j�rmn � rR- �^� �r/e,' -, 1'4 V03/05. h L t- AAA I r I e 54- l)J 1 dt .7 W'J/ 6,' Uc je i44 /ft d� 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. r. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. f Submit 2 copies of this completed application form and all the required submittal materials to r the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 11. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. ik(9 No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. All Garfield County zoning requirements will be met. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the leqal and, physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10 Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information whiclJ is correct and acc to the best of my knowledge. .1 ( ignature of applica Last Revised: 11/15/2002 o ner) 6 5-7; '2-70 5— Date May 23, 2005 Donald Beecraft 255 Coyote Trail Rifle, CO 81650 (970)625-0352 Subdivision Exemption Request Narrative Reason for exemption: 1. Affordable housing for D & S Field Service employees. We will be able to offer 10 acre lots for a more reasonable cost than other areas. 2. We have bought and been approved for additional water by West Divide Water. We plan to drill a new well for the other three lots to share. We have an existing well that has an adequate water supply that could be used. Each lot will be required to have a 1000 gallon storage tank. After review of exemption a legal well -sharing agreement will be drawn up 3. Septic system will be used for sewage disposal. 4. All lots are accessed by existing roads (Grass Mesa Road and/or Coyote Trail). I Receipt 0400320 Permit 195067 Div 5 Basin Engineer JD2 Wd 45 Md User NLH /) j 4 . Full Name BEECRAFT DONALD Address 1374 DOGWOOD DRIVE City RIFLE Telephone (970) 625-0352 Case Permit XRef 27958 MH Well Name County GARFIELD Q10 Q40 Q160 Sec NE SE 33 Ts 6 •South State CO Rng 93 West Pm Sixth 2250 feet from South Section line 400 feet from East Section line Subdivision GRASS MESA RANCHES Parcel Size PIN 40.00 Zip 81650- Filing Block Lot Uses DOMESTIC ISSUED UNDER PRESUMPTION 3b -IIA Pump Rate Ann Amt Depth Proposed 15.00 0.00 0 Actual 12.00 0.00 180 Irrigated Area 0.00 acres Elevation 0 Perf Casing Tap 0 Perf Casing Bottom 0 Water Level 105 Aquiferl ALL UNNAMED AQUIFERS Aquifer2 Driller' 1095 Pump Installer 1050 Statute Meter Log Qual AbReq 6023 No No No No Comment 3SFD, 1AC IRR, ANIMALS, ONLY WELL ON 40 AC Main Activity Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report 09-27-2000 Pump Install Complete 04-28-2000 1st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged 05-06-1996 08-08-2000 10-05-2000 05-16-1996 05-16-1998 06-05-1996 04-30-1996 Well permit issued. Change in ownership accepted and updated. Pump installation report received. •�� 16 ss. s 1 PITKIN COUNTY TITLE, INC. 23286 TWO RIVERS ROAD, SUITE 22 P.O. BOX 1417 BASALT, COLORADO 81621 970-927-4993 970-927-4096 FAX April 18, 2000 DONALD P. BEECRAFT AND SUSAN A. BEECRAFT 1374 DOGWOOD RIFLE, CO 81650 ATTN: DONALD AND SUSAN RE: B1478-2 Pitkin County Title, Inc. is pleased to provide you with the owners policy relative to the above mentioned file. Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re -issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, RoiLynne VanBuren Policy Administrator Enclosures: ORIGINAL WARRANTY DEED & COPY OF TAX CERTIFICATE • , Fidelity National Title Insurance Company A Stock Company Owner's Polio of Title insurance Policy Number 1312- 1 12 3 7 0 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated herein: 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. PITKIN COUNTY TITLE, INC. 23286 TWO RIVERS ROAD, SUITE 22 P.O. BOX 1417 BASALT, CO 81621-1417 (970) 927-4993 (970) 9. ` 096 FAX w Countersigned: ALTA Owner's Policy (10-17-92) FNT1C Form No. 1312 (6/93) Fidelity National Title Insurance Company do) a ,-r,/,4, Authofized Signature By: ATTEST cr. President Se[retary WARRANTY DEED THIS DEED, made this March 15, 2000, Between LELAND R. HENDRICKS and H. JEANNE HENDRICKS of the County of Eagle, State of CO, GRANTOR, AND DONALD P. BEECRAFT and SUSAN A. BEECRAFT, GRANTEE whose legal address is : 1374 DOGWOOD, RIFLE, CO, 81650 of the County of Garfield, State of CO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of Garfield, State of COLORADO, described as follows: THE NE1/4SE114 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, AKA LOT 39A GRASS MESA COUNTY OF GARFIELD, STATE OF COLORADO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. LELAND R. HENDRICKS STATE OF - ' 1 aC) ss COUNTY OF fir ice- ) The foregoing instrument was acknowledged bef by LELAND R. HENDRICKS and H. JEANNE H H. JE,f<lHENDRICKS -y. p •is'.' • i', of -vt_ _ 2000, CKS. .y ..y' WITNESS my hand and official seal my commission expires:1(3)_-e, - [Vil11u JAYCOX " OF *Cpl My Comm. Expires Aug. 13, 2002 111111 nisi 11)1111111 IIiHi mii 11111 iii 11111 IIl 560887 2000 09 35A B1177 P854 N ALSDORF 1 of 2 R-10.00 p 9.50 GARFIELD COUNTY CO vW CC, Nota ublic i yLU ':?HIE -.OX / NOTARY PUBLIC 0055 QUAIL RUN '/ ONDALE, CO 81623 ,Ion Explros August 13, 2002 gp EXHIBIT "A" 1. Taxes for the year 2000 not yet due or payable. 2. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded October 11, 1911 in Book 71 at Page 503. 3. Restrictive covenants, which do not contain a forfeiture or reverter clause, as contained in instrument recorded June 07, 1983, in Book 628 at page 503 and as amended in instrument recorded December 02, 1994, in Book 924 at Page 292 and as amended in instrument recorded September 01, 1995 in Book 951 at Page 883, amendment recorded November 07, 1995 in Book 958 at Page 68 and amendment recorded February 26, 1996 in Book 968 at Page 182. 4. Reservations of all oil, gas and other minerals as set forth in Quit Claim Deed recorded in Book 814 at Page 265 and as set forth in instrument recorded August 30, 1983 in Book 634 at Page 348. 5. Easement and Right of Way for electric transmission line and access recorded March 25, 1985 in Book 666 at Page 210. 6. Terms, conditions, provisions, obligations, easements and rights of way as contained in right of way grant recorded January 9, 1984 in Book 641 at Page 836, non-exclusive road easement recorded January 23, 1985 in Book 672 at Page 761, amendment thereto recorded October 10, 1985 in Book 677 at Page 56 and grant of easement recorded September 10, 1986 in Book 694 at Page 740. 7. Easements, right of way, terms and conditions of easment agreement recorded June 6, 1996 in Book 980 at Page 839. 8. Easements and rights of way as shown on survey recorded May 22, 1996 in Book 978 at Page 900. 9. Easements and rights of way as granted in instrument recorded March 14, 1985 in Book 665 at Page 626. 10. Oil and gas lease recorded November 22, 1993 in Book 882 at Page 868 and any and all assignments thereof or interests therein. 11. Easements and rights of way for pipeline as contained in instrument recorded November 19, 1998 in Book 1099 at Page 210. I 1111111111111111111111111111111111111111l!1 I 58088 11111 22/ 2000 09:35A 81177 P855 M ALSDORF 03/ 2 of 2 R 10.00 0 9.50 GARFIELD COUNTY CO Nvll.A. vAkic-y i09 t g"Q�ry"i` F OUR -[11 `';; p((j>}qt.'�''' �_C,k,...tl'\1A.P4i December 30, 2004 Donald Beecraft Beecraft Subdivision 255 Coyote Trail Rifle, CO 81650 Dear Mr. and Mrs. Beecraft: Enclosed is your approved contract # 050101 BS(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan ("TSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, g_apr.QA vJanet Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Vict, Current January 2001 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0, Box 1478, Rifle, Colorado 81650 Contract #050101 BS(a) Map # 514 Date Activated 1/1/05 wulc'rur 4vclsvcd.oi Fax: (970) 625-2796 Telephone: (970) 625-5461 I. APPLICANT INFORMATION Name: t' C Mailing address: Telephone: 7C" 5. LOCATION OF' STRUCTURE County Quarter/quarter Quarter "Li ' e- f L C C' 0 '8/ c5cf Section ci ! U 5 Meridian Authorized agent: 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDF.NTIAL (check applicable boxes) (Ordinary household use Number of dwellings: Subdivision: No. constructed units: 0 No. vacant lots: 3 iX Home garden/lawn irrigation of /t., 00 D E'(;tc: sq. ft. Method of irrigation: Ll flood v,sprinklcr Il drip 0 other lNon-commercial animal watering of / Q animals tc' r' r' I u i Dire Protection Well Sharing Agreement for multiple outlet wells utast be submitted. If greater than three owners, application must be imide under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. ofconunercial units: Description of use: El INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: El MUNICIPAL Description of use: 4. SOURCE OFWATER Structure: Ems! e /f t Structure Name: t) t. C- t.• �t'c>Lw t -Q,\\ Source: ❑Surlace l (Storage rAiround water Current Permit 0 (if applicable) fl Direct Pumping: Tributary: Location: Township Distance of well from section lines Range Principal Elevation: C' FIC) 0 r Well location address: (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL IW USED (Legal description may be provided as an attachment.) Lay 39 /? . +izcztr .,L l he. A) ;3 '.3 r Number ofacres in tract: :3 C) 1 a \-)c.vr� (id etc ('r t:.3 -.L- Pct r.. I C'1 F' t . ,. c. Inclusion into the District, at Applicant's e.tpeu.se, may be required. cfc•re • •t ' hC id \\cit s ce1S 6 (✓, ( 711 TYPE OF SEWAGE SYSTEM i? , Septic lanlhnbsoiptiort leach field I .!Central system LiOlher District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: (minimum of I acre foot) Protide engineering dale to ,s'uppor't volume of !valet- rerinested ('ounnicrcial, municipal, and industrial avers must provide dirersion and consumptive data On rt rrronthlt' basis. A totrdiziug flops' meter with remote readmit is required to be installer! and usage reported to West Divide. Applicant expressly ac/eu;a ledges it has (rail the appnrtnnirr to review the Dis'trict's form ;VoterAlloirnent Contract and agrees this application is made pnrs'eianl and subject to the lams II I conditions contained there! P ant Signature Applicant Signature Application Dale:_ // " C) LC e t`\-1 \. 6 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Beecraft Subdivision DWELLING UNITS: 3 IRRIGATED AREA (SQ FT): 30000 NO. OF LIVESTOCK: 30 ELEVATION (MSL): 6800 Contract Amount w15% transit Loss = 1.91 acre feet Transit loss= 5.0% (1 (2) 3) 4 7 (9) (1 0) 12 In House Diversion per Unit (AF) In House C.U. per Unit (AF) Irrigation Diversion (ft) Irrigation C.U. (ft) in House Diversion (AF) In House C.U. (AF) Irrigation Diversion (AF) Irrigation C.U. (AF) Livestock Diversion & C.U. (AF) Total Diversion (AF) Total C.U. (AF) Total e - Contract Amount (AF) 0.029 0.004 0.09 0.01 0.00 0.00 0.03 0.123 0.044 0.046 0.026 0.004 0.08 0.01 0.00 0.00 0.03 0.111 0.040 0.042 0.029 0.004 0.09 0.01 0.00 0.00 0.03 0.123 0.044 0.046 0.028 0.004 0.049 0.039 0.08 0.01 0.03 0.03 0.03 0.154 0.070 0.073 0.029 0.004 0.364 0.291 0.09 0.01 0.25 0.20 0.03 0.386 0.245 0.257 0.028 0.004 0.526 0.421 0.08 0.01 0.36 0.29 0.03 0.499 0.333 0.349 0.029 0.004 0.568 0.454 0.09 0.01 0.39 0.31 0.03 0.533 0.357 0.375 0.029 0.004 0.445 0.356 0.09 0.01 0.31 0.25 0.03 0.445 0.289 0.304 0.028 0.004 0.316 0.253 0.08 0.01 0.22 0.17 0.03 0.348 0.217 0.228 0.029 0.004 0.081 0.065 0.09 0.01 0.06 0.04 0.03 0.182 0.089 0.093 0.028 0.004 0.08 0.01 0.00 0.00 0.03 0.119 0.043 0.045 0.029 0.004 0.09 0.01 0.00 0.00 0.03 0.123 0.044 0.046 0.336 0.050 2.349 1.879 1.01 0.15 1.62 1.29 0.37 3.145 1.815 1.906 (1) (2) (3) (4) (5) (6) 300 gallons per day per residence 15% consumptive use for ISDS systems 80% irrigation efficiency for sprinkler systems Blaney Criddle assessment with Pochop adjustments Column (1) ' number of dwelling units Column (2) " number of dwelling units Column (3) " irrigated area in acres Column (4) • irrigated area in acres Livestock use at 11 gallons per head per day (99CW320) Column (5) + Column (7) + Column (9) plus 5% transit loss Column (6) + Column (8) + Column (9) Column (11) plus transit loss wdwcd water use estimates 10-28-03 11/22/2004 1! <� 1.--- .' „ ,L 9- i-'�' rrf?n�..... s1 � 27 27 i,;�; - 3f� ti• k, 6-meaa %fri rrf .r4 y C ,l� Jr, 4,7 \ , //; fig ,- / f/ i r 1/ •' 1/ j i r I 1. _tea '- -• f --_-•-:'‘,..N •••• .f , 1 4 r� -l: • F'.+.ri ,: ' •t! 43 �•—.• A.1 • l j,..l Beecraft Subdivision Property ti,..,...:_.,/..///77,;;;TA ,..,...•,,,i,2,,,,,./ 1)/).1s5 Tr I • 44 1; `-eH Il � - :1 r7.S93W .6534; +, ury �r. Current January 2004 Name of Applicant: Quantity of Water in Acre Feet: Contract #050101 BS(a) Map #514 Date Activated Ill /05 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT e rc . ,�- Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-10I, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration 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 said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. 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 flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract 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 the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 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 or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoi, Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said 4.0.er 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 Ruedi Reservoir 1 or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau 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 the District 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 (October I ), shall revert to the water 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 entitled to utilize the 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 to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of 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 further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works 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 of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. in the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant 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 not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that theinitial payment is due. Said notice 2 will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. b Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. !fan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt reque , to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 3 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension ofDistrict delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. 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 water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract 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 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which 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 the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. I6. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. Agoitiirige 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously end accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings d froth such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, 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 own 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. 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, in its own discretion, choose to include Applicant's Contract 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. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application 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 terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS AERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON -THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 5 Applicant STATE OF C, l c)(CC ) ss. The foregoing instrument was acknowledged before me on this day of t, r i ti"` )t- t' 20 (1 , by �: 1) C l CA VSA '- (.. Witness my hand and official seal. My commission expires: - < �. ,'� C3 7 f ck Notary Public COUNTY OF 6.:( ; , \ STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of 20 , by Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ATTES President Sp6retaryA� \\ Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 6 37 Irrou,�cB. (-ifs 1 n r -Sks-r t c,ri bt-Ioq Cock Tri 6AG-a��z 3 (AYt l 1 k- u.rr h re 1 35 G e,r e_ &r vne5 "3a5 1 t ru ss Id' s S - ci Ll s � ° 14/ Ecl s Nf, 4 Lj `i (A) i Gi ck4-c_ r Dck. a a (4 s 4) aS gs97 3 S. -, A 16-1- ID-oy�3S� C Go yba3 (4 (0 Dukii0L-Lat-iktc- ofuco c3v4 .D QC;u 5(1 4 Lr‘ d q, 035S Ca`i0 . Tcc.LA.9„ sc311