HomeMy WebLinkAbout3.0 Satisfaction of ConditionsBRANNAN PROPERTIES, INC.
214 8TH STREET, STE 300
GLENWOOD SPRINGS, CO. 81601
(970) 945-2823
November 22, 1996
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, Co. 81601
Re: Brannan Subdivision Exemption No. 2
Dear Mark:
Enclosed are the following items required for final approval of this subdivision:
1) Final Plat
2) Results of well test performed by Samuelson Pump Co.
3) Driveway access approval from Garfield County Road & Bridge Dept.
4) Letter from Donald L. Zordell Chief, Burning Mountain Fire Protection District
5) Results of water quality testing done by Grand Junction Laboratories
6) Well Sharing Agreement
7) $400.00 School Impact Fee
I believe this completes the requirements of the Garfield County Planning Department.
Sincerely,
BRANNAN PROPERTIES, INC.
cc: John Schenk
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SAMUELSON PUMP CO. INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORADO 81602 945-6309
May 26, 1996
Faye Faas
214 8th St. Suite 300
Glenwood Springs, Co. 81601
Attn; Faye
On 4/4/96 a 24 hour well test was conducted on a well
serving the Spruce Tree Cabins. The following information was
obtained;
Well Depth
Casing size (top)
Standing water level
Max. drawdown @ 12 gpm
Production is
40'-0"
7"(steel)
12'-2 1/2"
36'-1/2"
12 gpm
This test was conducted with the existing pump and related
equipment. The pump is a 1/2 hp. Goulds submersible Model 1OEJ.
The well recovered back to 12'-3" in 30 min. This well could
provide water for three homes. We would recomend storage.
This well will produce more than 17,280 gal per day. If you
have any questions please call me Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
BRIDGE
November 7, 1996
TO: BUILDING AND PLANNING
FROM: KRISTY
MRS. FAY FAAS WAS IN MY OFFICE THIS AFTERNOON TO OBTAIN
TWO DRIVEWAY PERMITS . BECAUSE MRS. FAAS WILL NOT BE
BUILDING OR OBTAINING EXCESS TO THE PROPERTY AT THIS POINT
SHE WILL NOT RECEIVE A DRIVEWAY PERMIT. SHE DID IN FACT HAVE
AN INSPECTION DONE BY MR. RON WEST ON NOVEMBER 1, 1996 AND
HE HAS GIVEN HER THESE PROVISIONS TO FOLLOW:
I MILES FROM THE INTERSECTION OF CR241 AND CR245 TRAVELING
WEST ON CR 245, ON THE NORTH SIDE OF THE ROAD, A 15" CULVERT IS
REQUIRED AS WELL AS 50 FOOT OF GRAVEL FROM THE COUNTY
RIGHT OF WAY.
.13 MILES FROM THE INTERSECTION OF CR 241 AND CR 245 TRAVELING
WEST ON CR 245, ON THE NORTH SIDE OF THE ROAD, A 15" CULVERT IS
REQUIRED AS WELL AS 50 FOOT OF GRAVEL FROM THE COUNTY
RIGHT OF WAY.
BEFORE MRS. FAAS OBTAINS ACCESS SHE MUST RETURN TO THIS
OFFICE AND RECEIVE AN OFFICIAL DRIVEWAY PERMIT. SHE EXPECTS
THIS TO BE IN THE SUMMER OF 1997.
IF THERE ARE ANY QUESTIONS PLEASE FEEL FREE TO CALL ME AT 945-
6111.
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Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbott - Chairman
Joe Montover
Norm Brown
Tom Voight
Gordon Witzke
Don Zordel - Chief
Stu Cerise - Assist. Chief
September 28, 1996
SUBJECT; EXEMPTION
TO WHOM it MAY CONCERN :
This is to inform you that the property at 2026 County road 245 is with in the Burning Mountains
Fire Protection District and we do provide fire protection to same. It should be noted that due to
the distance form the fire stations that the response time will be slow.
Thank You :
/I
Donald L. Zordel rt f
Burning Mountains FPD
Received from:
JOHN C. KEPHART & CO.
GRAND ill
435 NORTH AVENUE
VION LA
11-0111H
•
• PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
Faye Faas
945
214 8th St
Glenwood Springs, CO 81601
3076 water
cuommerNo. Udmmuormv. Sample
11/13/96 11/20/96
Date Received Date Reported
Sample 3076 3077 3078
245 Rd. 335 Rd. 312 Rd.
V 2026 4039 7550
Nitrate(N) 0.25 mg/1
0.78 mg/1 0.54 mg/1
NOTE: This sample would be considered "safe" for drinking, according
to Colorado Dept. of Health guidelines. Water must have less than one
colony coliform bacteria to be considered "safe."
Director: B. Bauer
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DECLARATION OF WELL -SHARING AGREEMENT
THIS DECLARATION OF WELL -SHARING AGREEMENT is made and entered this
day of December, 1996, by BRANNAN PROPERTIES, INC., (hereinafter "Declarant"),
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Garfield County,
Colorado, which has received the approval of Garfield County to create four (4) lots to be
known as Parcel Nos. 1, 2, 3 and 4, as depicted on the Subdivision Exemption Plat recorded
on , 1996, as Reception No. in the records of the Clerk and
Recorder of Garfield County, Colorado (hereinafter the "Exemption Plat") ; and
WHEREAS, said Parcels are more particularly described as follows:
PARCEL 1
A TRACT OF LAND SITUATED IN THE SW'/aSW'/a OF SECTION 24,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY
OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SW'/aSW'/a, SAID
POINT BEING A BLM STANDARD MONUMENT; THEN ALONG THE
NORTH LINE OF SAID SW'/aSW'/a N.89°30'02"E. A DISTANCE OF 1320.99
FEET TO THE NORTHEAST CORNER OF SAID SW 1/4 SW 1/4 , SAID
NORTHEAST CORNER BEING A BLM STANDARD MONUMENT; THEN
ALONG THE EAST LINE OF SAID SW'/aSW'/a S.00°04'40"E. A DISTANCE
OF 1294.25 FEET TO THE NORTHERLY RIGHT OF WAY OF COUNTY
ROAD NO. 245; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE
FOLLOWING EIGHT COURSES: 1) S.89°52'08"W. 725.01 FEET; 2) 27.20
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 22°15'37" AND A
CHORD WHICH BEARS N.79°00'03"W. 27.03 FEET; 3) N.67°52'15"W.
169.64 FEET; 4) 206.83 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF
39°30'03" AND A CHORD WHICH BEARS N.48°07'13"W. 202.75 FEET; 5)
N.28°22' 10"W. 71.00 FEET; 6) 36.24 FEET ALONG THE ARC OF A CURVE
TO THE LEFT HAVING A RADIUS OF 330.00 FEET, A CENTRAL ANGLE
OF 06°17'32" AND A CHORD WHICH BEARS N.31 °30'57"W. 36.22 FEET;
7) N.34°39'43"W. 281.22 FEET; 8) 76.26 FEET ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 265.41 FEET, A CENTRAL
ANGLE OF 16°27'43" AND A CHORD WHICH BEARS N.42°53'34"W. 75.99
FEET TO INTERSECT THE WEST LINE OF SAID SW'/aSW'/a; THEN
ALONG SAID WEST LINE N.00°06' 17"E. A DISTANCE OF 699.65 FEET
TO THE POINT OF BEGINNING.
IRS FA., hitANINTLWS1
1
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SAID TRACT OF LAND CONTAINS 36.12 ACRES AS DESCRIBED.
PARCEL 2
A TRACT OF LAND SITUATED IN THE NE' SW 1% AND THE SE'/%SW'/a
OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH
P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID NE'%SW'%, SAID
POINT BEING A BLM STANDARD MONUMENT; THEN ALONG THE
EAST LINE OF SAID NE1/4SW/14 N.00°15'03"W. 702.21 FEET TO THE
SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN
DOCUMENT RECORDED IN BOOK 508 AT PAGE 669 OF THE RECORDS
OF SAID COUNTY; THEN ALONG THE SOUTHERLY AND WESTERLY
BOUNDARY OF SAID TRACT THE FOLLOWING NINE COURSES: 1)
N.80°40'36"W. 198.60 FEET; 2) N.79°01'11"W. 348.91 FEET; 3)
N.31°28'54"E. 62.50 FEET; 4) N.02°14'02"W. 88.17 FEET; 5)
N.21 °41'27"W. 38.22 FEET; 6) N.04°45'50"W. 111.56 FEET; 7)
N.06°54'47"W. 54.50 FEET; 8) N.18°15'22"W. 149.51 FEET; 9)
N.04°33'46"E. 28.41 FEET TO THE NORTH LINE OF SAID NE'%SW'/a;
THEN ALONG SAID NORTH LINE S.89°16'26"W. 736.16 FEET TO THE
NORTHWEST CORNER OF SAID NE'/aSW'/a, SAID NORTHWEST CORNER
BEING A BLM STANDARD MONUMENT; THEN ALONG THE WEST LINE
OF SAID NE'4SW'% S.00°04'50"E. 1315.29 FEET TO THE SOUTHWEST
CORNER OF SAID NE'/aSW'/a, SAID SOUTHWEST CORNER BEING A BLM
STANDARD MONUMENT; THEN ALONG THE WEST LINE OF SAID
SE'/4SW % S.00°04'40"E. 127.08 FEET; THEN DEPARTING SAID WEST
LINE N.89°30'39"E. 1321.59 FEET TO THE EAST LINE OF SAID
SPASW THEN ALONG SAID EAST LINE N.00°14'58"W. 127.08 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A STRIP OF LAND BEING SIXTY (60.00) FEET
IN WIDTH FOR COUNTY ROAD RIGHT OF WAY FOR COUNTY ROAD
NO. 241, SMD STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY OF SAID
COUNTY ROAD FROM WHICH THE SOUTHWEST CORNER OF SMD
NE'%SW'/a BEARS N.89°30'39"E. 778.71 FEET AND N.00° 14'58"W. 127.08
FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY THE
FOLLOWING SIX COURSES: 1) N.22°11'28"E. 44.12 FEET; 2) 223.40
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 720.59 FEET, A CENTRAL ANGLE OF 17°45'48" AND A
CHORD WHICH BEARS N.31 °04'22"E. 222.51 FEET; 3) N.39°57' 16"E.
434.98 FEET; 4) 271.68 FEET ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 449.76 FEET, A CENTRAL ANGLE OF
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34°36'34" AND A CHORD WHICH BEARS N.22°38'59"E. 267.57 FEET; 5)
N.05°20'42"E. 3.15 FEET; 6) 64.65 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 387.86 FEET, A CENTRAL
ANGLE OF 09°32'58" AND A CHORD WHICH BEARS N.10°07' 11 "E. 64.57
FEET TO INTERSECT THE SOUTHERLY OF SAID TRACT OF LAND AS
DESCRIBED IN DOCUMENT RECORDED IN BOOK 508, PAGE 669; THEN
ALONG SAID SOUTHERLY LINE N.79°01'11"W. 60.12 FEET; THEN
DEPARTING SAID SOUTHERLY LINE AND ALONG THE WESTERLY
RIGHT OF WAY OF SAID ROAD THE FOLLOWING SIX COURSES: 1)
70.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 447.86 FEET, A CENTRAL ANGLE OF 09°01'28" AND A
CHORD WHICH BEARS S.09°51'26"W. 70.47 FEET; 2) S.05°20'42"W. 3.15
FEET; 3) 235.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 389.76 FEET, A CENTRAL ANGLE OF 34°36'34"
AND A CHORD WHICH BEARS S.22°38'59"W. 231.87 FEET; 4)
S.39°57' 16"W. 434.98 FEET; 5) 242.00 FEET ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 780.59 FEET, A CENTRAL
ANGLE OF 17°45'48 AND A CHORD WHICH BEARS S.31 °04'22"W. 241.04
FEET; 6) S.22° 11'28"W. 69.19 FEET TO THE SOUTHERLY BOUNDARY OF
THE ABOVE DESCRIBED TRACT; THEN ALONG SAID SOUTHERLY
BOUNDARY N.89°30'39"E. 65.03 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM A STRIP OF LAND BEING TWENTY
(20.00) FEET IN WIDTH WHICH WAS CONVEYED TO THE TOWN OF
NEW CASTLE, COLORADO, FOR THE PURPOSE OF A WATERLINE
RIGHT OF WAY AS DESCRIBED IN DOCUMENT RECORDED IN BOOK
26 AT PAGE 54 OF THE RECORDS OF SAID COUNTY, THE CENTERLINE
OF SAID WATERLINE RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID RIGHT OF
WAY AS CONSTRUCTED AND IN PLACE, FROM WHICH THE CENTER
'A CORNER OF SAID SECTION 24 BEARS N.29°44'34"E. 646.77 FEET,
SAID CENTER 'A CORNER BEING A BLM STANDARD MONUMENT;
THEN ALONG SAID CENTERLINE AS CONSTRUCTED AND IN PLACE
THE FOLLOWING SEVENTEEN COURSES: 1) S.21 °29' 16"W. 8.51 FEET;
2) S.21°07'22"W. 37.55 FEET; 3) S.08°33'03"W. 100.58 FEET; 4)
S.10°35'58"W. 46.81 FEET; 5) S.16°46'11"W. 42.91 FEET; 6) S.23°34'40"W.
36.44 FEET; 7) S.42°09'55"W. 67.15 FEET; 8) S.49°24'07"W. 36.73 FEET;
9) S.41 °42'02"W. 49.86 FEET; 10) S.39°03'47"W. 68.10 FEET; 11)
S.39°37'40"W. 48.03 FEET; 12) S.38°24'03"W. 49.63 FEET; 13)
S.37°21'38"W. 47.03 FEET; 14) S.35 '43'40"W. 46.97 FEET; 15)
S.41 °55'39"W. 41.96 FEET; 16) S.41 °57' 16"W. 57.27 FEET; 17)
S.05°38'07"E. 12.96 FEET TO THE WESTERLY RIGHT OF WAY OF
COUNTY ROAD NO. 241 AS DESCRIBED ABOVE.
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THE EXTERIOR BOUNDARIES OF SAID RIGHT OF WAY ARE TO BE
EXTENDED OR SHORTENED ACCORDINGLY TO TERMINATE ON THE
EXTERIOR BOUNDARY OF THE ABOVE DESCRIBED PARCEL 2.
SAID PARCEL 2 CONTAINS A NET OF 35.02 ACRES AS DESCRIBED.
PARCEL 3
A TRACT OF LAND SITUATED IN THE SE'%SW'4 OF SECTION 24,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY
OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SE'/aSW'A FROM
WHICH THE NORTHWEST CORNER OF SAID SE'/aSW'At BEARS
N.00°04'40"W. 127.08 FEET, SAID NORTHWEST CORNER BEING A BLM
STANDARD MONUMENT; THEN ALONG SAID WEST LINE S.00°04'40"E.
1167.17 FEET TO THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD
245; THEN DEPARTING SAID WEST LINE AND ALONG SAID
NORTHERLY RIGHT OF WAY N.89°52'08"E. 325.77 FEET TO THE
CENTERLINE OF EAST ELK CREEK AS LOCATED BY SURVEY IN
MARCH 1996; THEN ALONG SAID CREEK CENTERLINE THE
FOLLOWING NINE COURSES: 1) N.04°11'15"W. 323.01 FEET; 2)
N.49°43'29"E. 147.60 FEET; 3) N.18°24'59"E. 85.43 FEET; 4) N.52°54'14"E.
101.61 FEET; 5) N.41 ° 12'43 "E. 73.01 FEET; 6) N.09°51' 16"W. 93.87 FEET;
7) N.39°14'10"W. 317.36 FEET; 8) N.16°52'44"W. 118.81 FEET; 9)
N.15 °11'06"E. 106.32 FEET; THEN DEPARTING SAID CREEK
CENTERLINE S.89°30'39"W. 349.09 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAIN 10.71 ACRES AS DESCRIBED.
PARCEL 4
A TRACT OF LAND SITUATED IN THE SE'/a SW 1% OF SECTION 24 AND
THE NE'/aNW'/a OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST
OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO,
SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH 'A CORNER OF SAID SECTION 24, SAID 'A
CORNER BEING A BLM STANDARD MONUMENT; THEN ALONG THE
EAST LINE OF SAID SE'ASW'A S.00°14'58"E. 1193.31 FEET; THEN
DEPARTING SAID EAST LINE S.89°30'39"W. 972.50 FEET TO THE
CENTERLINE OF EAST ELK CREEK AS LOCATED BY SURVEY MARCH
1996; THEN ALONG SAID CREEK CENTERLINE THE FOLLOWING NINE
COURSES: 1) S.15°11'06"W. 106.32 FEET; 2) S.16°52'44"E. 118.81 FEET;
4
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3) S. 39 ° 14' 10"E. 317.36 FEET; 4) S.09 °51' 16"E. 93.87 FEET; 5)
S.41°12'43"W. 73.01 FEET; 6) S.52°54'14"W. 101.61 FEET; 7)
S.18°24'59"W. 85.43 FEET; 8) S.49°43'29"W. 147.60 FEET; 9) S.04°11'15"E.
323.01 FEET TO THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD
NO. 245; THEN ALONG SAID NORTHERLY RIGHT OF WAY THE
FOLLOWING FOUR COURSES: 1) N.89°52'08"E. 28.05 FEET; 2) 332.29
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 244.49 FEET, A CENTRAL ANGLE OF 77°52'15" AND A
CHORD WHICH BEARS S.51 ° 11'45 "E. 307.30 FEET; 3) S.12 ° 15' 37"E. 63.21
FEET; 4) 28.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 165°57'24"
AND A CHORD WHICH BEARS N.84°51'06"E. 19.85 FEET TO THE
WESTERLY RIGHT OF WAY OF COUNTY ROAD NO. 241; THEN ALONG
SAID WESTERLY RIGHT OF WAY THE FOLLOWING THREE COURSES:
1) N.01 °57'50"E. 109.10 FEET; 2) 83.20 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 491.24 FEET, A
CENTRAL ANGLE OF 09°42'14" AND A CHORD WHICH BEARS
N.06°48'56"E. 83.10 FEET; 3) N.11°40'03"E. 42.92 FEET TO THE SOUTH
LINE OF SAID SE'/a SW'/a ; THEN ALONG SAID SOUTH LINE
N.89°43'06"E. 686.64 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A STRIP OF LAND BEING SIXTY (60.00) FEET
IN WIDTH FOR COUNTY ROAD RIGHT OF WAY FOR COUNTY ROAD
NO. 241, SAID STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY OF SAID
COUNTY ROAD FROM WHICH THE SOUTHEAST CORNER OF SAID
SE'/aSW'/a BEARS N.89°43'06"E. 625.12 FEET; THENCE ALONG SAID
EASTERLY RIGHT OF WAY THE FOLLOWING EIGHT COURSES: 1)
N.12°29'50"E. 155.57 FEET; 2) 55.53 FEET ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 291.23 FEET, A CENTRAL
ANGLE OF 10°55'29" AND A CHORD WHICH BEARS N.07°02'05"E. 55.45
FEET; 3) N.01°34'21"E. 201.42 FEET; 4) N.04°08'35"E. 135.84 FEET; 5)
469.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 526.45 FEET, A CENTRAL ANGLE OF 51°07'14" AND A
CHORD WHICH BEARS N.21°25'02"W. 454.29 FEET; 6) N.46°58'39"W.
42.00 FEET; 7) 168.73 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 139.77 FEET. A CENTRAL ANGLE OF
69°10'07" AND A CHORD WHICH BEARS N.12°23'35"W. 158.67 FEET; 8)
N.22°11'28"E. 42.58 FEET TO THE NORTH LINE OF THE ABOVE
DESCRIBED PARCEL 4; THEN ALONG SAID NORTH LINE S.89°30'39"W.
65.03 FEET TO THE WESTERLY RIGHT OF WAY OF SAID COUNTY
ROAD; THEN ALONG SAID WESTERLY RIGHT OF WAY THE
FOLLOWING EIGHT COURSES: 1) S.22°11'28"W. 17.51 FEET; 2) 241.17
FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 199.77 FEET, A CENTRAL ANGLE OF 69°10'07" AND A CHORD
11 JRSNAAS\W14NI\"R.WSA
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WHICH BEARS S.12°23'35"E. 226.79 FEET; 3) S.46`5i'39"E. 42.00 FEET;
4) 416.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 466.45 FEET, A CENTRAL ANGLE OF 51°07'14" AND A
CHORD WHICH BEARS S.21°25'02"E. 402.51 FEET; 5) S.04°08'35"W.
137.19 FEET; 6) S.01 °34'21 "W. 202.77 FEET; 7) 44.09 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 231.23 FEET,
A CENTRAL ANGLE OF 10°55'29" AND A CHORD WHICH BEARS
S.07°02'05"W. 44.02 FEET; 8) S.12°29'50"W. 169.18 FEET TO THE SOUTH
LINE OF SAID SE'%SW'A; THEN ALONG SAID SOUTH LINE
N.89°43'06"E. 61.52 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM A STRIP OF LAND BEING TWENTY
(20.00) FEET IN WIDTH WHICH WAS CONVEYED TO THE TOWN OF
NEW CASTLE, COLORADO, FOR THE PURPOSE OF A WATERLINE
RIGHT OF WAY AS DESCRIBED IN DOCUMENT RECORDED IN BOOK
26 AT PAGE 54 OF THE RECORDS OF SAID COUNTY, THE CENTERLINE
OF SAID WATERLINE RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID RIGHT OF
WAY AS CONSTRUCTED AND IN PLACE, FROM WHICH THE SOUTH '/
CORNER OF SAID SECTION 24 BEARS N.89°43'06"E. 490.36 FEET, SAID
SOUTH 14 CORNER BEING A BLM STANDARD MONUMENT; THEN
ALONG SAID CENTERLINE AS CONSTRUCTED AND IN PLACE THE
FOLLOWING TWELVE COURSES: 1) N.05°44'36"E. 63.65 FEET; 2)
N.22°18'04"W. 54.00 FEET; 3) N.27°55'49"W. 56.93 FEET; 4)
N.13°20'30"W. 49.54 FEET; 5) N.13°32'28"E. 68.42 FEET; 6) N.19°37'08"E.
50.48 FEET; 7) N.05 °47'55"W. 50.46 FEET; 8) N.07°27'06"W. 54.64 FEET;
9) N.01 ° 12'42"E. 50.19 FEET; 10) N.00°23' 1 l "E. 50.49 FEET; 11)
N.23°09'38"W. 101.88 FEET; 12) N.16°32'37"W. 61.82 FEET TO THE
WESTERLY RIGHT OF WAY OF SMD COUNTY ROAD NO. 241 AS
DESCRIBED ABOVE.
THE EXTERIOR BOUNDARIES OF SAID RIGHT OF WAY ARE TO BE
EXTENDED OR SHORTENED ACCORDINGLY TO TERMINATE ON THE
EXTERIOR BOUNDARY OF THE ABOVE DESCRIBED PARCEL 4.
SAID PARCEL 4 CONTAINS A NET OF 23.59 ACRES AS DESCRIBED.
WHEREAS, Parcel Nos. 1 and 2 are in excess of thirty-five (35) acres and will obtain
water for such lots by other means; and
WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. 4,
pursuant to Colorado Division of Water Resources Approval No. 26011 F; and
WHEREAS, the Well may provide up to 50 gallons per minute of water to be shared by
Parcel Nos. 3 and 4 for domestic and commercial purposes.
11 VRS\I A S\IIRANEYf_. WS/.
6
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NOW, THEREFORE, Declarant hereby makes, declares, and establishes the following
covenants, conditions, restrictions, and easements (the "Agreement") concerning the future
ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant
facilities, and related matters. From this day forward, Parcel Nos. 3 and 4 shall be held, sold
and conveyed subject to this Agreement.
1. Ownership of Appurtenant Facilities. The owner of Parcel No. 4 shall own the
Well, pump, meters and associated facilities for the withdrawal of and storage of water from the
Well. The owner of Parcel No. 3 will use an individual water storage tank on Parcel No. 3,
which tank shall be a minimum of 1,000 gallons in capacity. The owner of Parcel No. 3 shall
be the sole owner of the pipeline from the aforesaid point of divergence to any residence located
on Parcel No. 3. The owner of Parcel No. 3 shall have the right to draw up to five (5) gallons
per minute from the Well for use on Parcel No. 3.
2. Easements. Subject to a reservation for the benefit of other owners of Parcels,
Declarant shall convey to each buyer of a Parcel the nonexclusive easements as shown on the
Exemption Plat for the installation, operation and maintenance of a water pipeline for the benefit
of the respective owners of Parcel Nos. 3 and 4. Should any owner desire a more specific legal
description of the alignment of the pipeline and easement, such owner may, at such owner's sole
cost and expense, survey the pipeline alignment, and the owners agree to execute any necessary
quit claim deeds in order to accomplish such purpose.
3. Operation, Maintenance and Repair Costs. Operation, maintenance and repair
costs associated with the Well, the pump, meter, common water storage tank (if any) and
associated facilities for the withdrawal and use of water from the Well shall be shared based on
the amount of water drawn by the owners of Parcel Nos. 3 and 4. The owners of Parcel Nos.
3 and 4 shall be solely responsible for the costs of maintenance, operation, repair, and
replacement of any facilities used solely by that owner, including individual service lines. The
owners agree to cooperate in any maintenance, operation, repair, replacement, or improvement
of common facilities. In the event the owners are unable to agree upon any required
maintenance, repair, replacement, or improvement, any owner shall be entitled to undertake the
minimal maintenance, repair, replacement or improvement necessary and essential for proper
functioning of the common facilities. In the event a owner determines to undertake such work
unilaterally, such owner shall notify the other owners in writing. The owner undertaking the
work shall upon completion provide the other owners with a written statement of the work
performed and the other owner's proportionate share of the costs of same.
4. Operational Costs. Each owner shall install at such owner's own expense a meter
on such owner's individual service line to measure water use. The monthly cost of power to
operate the Well shall be divided among the owners of Parcel 3 and 4 in proportion to the
amount of water each owner used during the preceding month.
5. Payment of Common Expenses. The owner of Parcel No. 4 shall be responsible
for collection each owners' share of common expenses. Each owner shall pay such owner's
proportionate share of common expenses within 30 days from the date a statement of expenses
is presented for payment. In the event a owner fails to pay such owner's share within 30 days
of presentment, interest on the unpaid amount shall accrue at twelve percent (12%) per annum,
1I: VRS-TAAS'BRANEYR WSA
7
• •
beginning 30 days after presentment. in the event a owner fails to pay any amounts due with
interest thereon, within 60 days from the date of presentment for payment, the owner which has
paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity
for a breach of this Agreement.
6. Use of Water. Each owner shall be entitled to use such owner's undivided
interest in the water right for any use authorized by the well permit.
7. Waste. No owner shall waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
8. Fees. Each owner shall also bear such owner's own attorneys' fees incurred in
the implementation of this Agreement. However, in the event litigation is necessary to enforce
the rights of the owners hereto, as between themselves, the prevailing owner in such litigation
shall be entitled to reasonable attorneys' fees and costs of suit actually incurred.
9. Binding Effect: Covenant to Run with Land. This Agreement shall inure to the
benefit of and be binding upon the respective owners, their heirs, devisees, executors,
administrators, assignees, transferees, and successors in interest. Upon execution by the
Declarant, this Agreement shall be recorded in the records of the Garfield County Clerk and
Recorder's Office, and shall run with the lands upon which the Well is used.
IN WITNESS WHEREOF the Declarant has executed this Declaration on the day and
year first written above.
BRANN
B
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
PROPERTIES,
Acknowleged, subscribed, and sworn to before me this a,'i day of ►eeember, 1996,
byF1 e ctn S as \Se r e f -o r of Brannan Properties, Inc.
WITNESS my hand and official seal.
My Commission expires: y � 9
II.VIt�'I. 1.15 HKA\'f\T.W.SA
8
Notary Public