HomeMy WebLinkAbout1.0 Application• •
GARFIELD 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.)
➢ Street Address / General Location of Property: 0555 Cactus Flats Road
Carbondale, CO 81623
➢ Legal Description of Parent Property: A tract of land located in the
SE 1/4 SW 1/4, Section II, T. 75, Range 88W, 6th P.M.
➢ Size of Property (in acres) as of January 1, 1973: 35.0 Acres
➢ Current Size of Property to be Subdivided (in acres): 11.66 Acres
➢ Number of Tracts / Lots Created Including remainder of Parent Property:
➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property:
o Lot #: 1 containing 4.6 acres
o Lot #: 2 containing 6-9 acres
o Lot #: B containing 11.7 acres (already created)
o Lot #: C containing 11.7 acres (already created)
o Lot #: containing acres
> Property's Zone District: A/R/RD
1°v"(,)(0)("?('
➢ Name of Property Owner: Edward Johnson and Janell L. Johnson
➢ Address: 0555 Cactus Flats Road
Telephone: (970) 963-0456
➢ City: Carbondale State: co Zip Code: 81623 FAX: 963-1990
➢ Name of Applicant (if other than owner):
➢ Address: P.O. Drawer 39
➢ City: Glenwood Springs State:
Gregory J. Hall, Esq.
Telephone: (970) 945-4500
CO Zip Code: 81602 FAX: 945-5570
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
Planner: Hearing Date:
• •
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.
2. 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.
3. 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.
4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if
other than the applicant.
5. 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.
7. Provide proof of legal and adequate source of domestic water for each lot created.
8. Method of sewage disposal.
9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the
subject property is located.
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.
11. 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.
12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee
with the application.
13. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Exemption
application has been deemed technically complete.
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II. 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.
A. 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.
B. All Garfield County zoning requirements will be met.
C. 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 legal 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 %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;
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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
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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
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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) Tots, 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
which is correct and accurate to the best of my knowledge.
_J.( .f )C•, ,�, i-�1 � / C,
(Signature9� ppliga� wry�y) ate
Last Revised: 11/15/2002
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•
NOONE & HALL, P.C.
ATTORNEYS AT LAW
The Tamarack Building, 1001 Grand Avenue, Suite 207
P.O. Drawer 39, Glenwood Springs, Colorado 81602
Robert M. Noone
Gregory J. Hall
Of Counsel
James H. Delman
March 31, 2003
Fred Jarman, Senior Planner
Garfield County Building & Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: 0555 Cactus Flats Road, Carbondale, Colorado
Johnson Subdivision Exemption Application
Dear Fred:
RE(' ED
2003
..:JUN FY
131JL NG r-LANNING
Telephone: 970-945-4500
Facsimile: 970-945-5570
Toll Free: 800-813-1559
E -Mail: gjh@noonelaw.com
Via Hand Delivery
Enclosed please find a SCS Soils Mapping and Description for 555 Cactus Flats Road prepared
by Gamba & Associates, Inc. and a letter of authorization from the applicants.
You have indicated by telephone that this matter is set before the Garfield County
Commissioners on May 5, 2003. We are in the process of sending out the proper publication and
mailing notices for that date.
Thank you for your assistance, and please feel free to call me if you have any questions or
concerns.
Very truly yours,
NOONE & HALL, P.C.
By:
GJH/jp
Enclosures
cc: Edward and Janell Johnson
Chris and Andrea Johnson
• •
EDWARD and JANELL JOHNSON
0555 Cactus Flats Road
Carbondale, Colorado 81623
(970) 963-4022
March 25, 2003
Fred Jarman, Senior Planner
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: 0555 Cactus Flats Road
Subdivision Exemption Application
Dear Mr. Jarman:
Pursuant to your request, this letter is to inform you in writing that the law office of Noone
& Hall, P.C. serves as our authorized representative for purposes of our pending Request for
Exemption from the Definition of Subdivision before Garfield County. We are the legal owners of
an 11.66 acre metes and bounds parcel with a street address of 0555 Cactus Flats Road, Carbondale,
Colorado 81623.
As you know, Gregory J. Hall, Esq. has submitted the pending application and has been
working with you on our behalf. Please continue to direct all correspondence regarding the
application to:
Noone & Hall, P.C.
The Tamarack Building
1001 Grand Avenue, Suite 207
P.O. Drawer 39
Glenwood Springs, CO 81602
Thank you for your consideration of our application.
Sincerely,
&ve,-(d
Edward Johnson
Janell Johnson �
i
1
SCS Soils Mapping and Description
Prepared for :
555 Cactus Flats Road
Requested By:
Noone & Hall PC
1001 Grand Avenue, Suite 207
Glenwood Springs, CO 81601
Compiled by:
Gamba & Associates, Inc.
113 9th Street, Suite 214
Glenwood Springs, CO 81601
95-Showalter-Morval complex, 15 to 25 percent slopes. This map unit is on alluvial fans, high terraces, and valley sides (fig.
7). Elevation is 7,000 to 8,500 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is
42 to 44 degrees F, and the average frost -free period Is 80 to 90 days.
This unit is about 45 percent Showalter very stony loam and 35 percent Morval loam. The Showalter soil is in convex areas, and
the Morval soil is in the more concave areas.
Included in this unit are small areas of soils that are similar to the Morval soil but have 30 to 50 percent cobbles in the
substratum. Included areas make up about 20 percent of the total acreage.
The Showalter soil is deep and well drained. It formed in alluvium derived dominantly from basalt. About 10 to 15 percent of the
surface is covered with stones, 5 percent with cobbles, and 5 percent with gravel. Typically, the surface layer is brown very stony
loam about 8 inches thick. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches is very cobbly clay.
The substratum to a depth of 60 inches or more is very cobbly clay loam. is very cobbly clay loam.
Permeability is slow in the Showalter soil, Available water capacity is moderate. The effective rooting depth is 60 inches or more.
Runoff is medium, and the hazard of water erosion is moderate.
The Marvel soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Typically, the surface layer is
brown loam about 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam. The substratum to
a depth of 60 inches is loam. The soil is noncalcareous to a depth of 19 inches and calcareous below that depth.
Permeability is moderate in the Morval soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or
more. Runoff is medium, and the hazard of water erosion is slight.
This unit is used as rangeland or hayland or for homesite development.
• •
The potential plant community on the Showalter soil is mainly bluebunch wheatgrass, western wheatgrass, prairie junegrass,
Indian ricegrass, true mountain mahogany, antelope bitterbrush, Saskatoon serviceberry, and big sagebrush. The average
annual production of air-dry vegetation is about 900 pounds per acre.
The potential plant community on the Morval soil is mainly needleandthread, western wheatgrass, muttongrass, prairie
junegrass, and big sagebrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre.
The main limitation for range seeding or mechanical treatment is the surface stoniness in areas of the Showalter soil. Suitable
management practices include proper range use, deferred grazing, and rotation grazing. Aerial spraying is suitable for brush
management.
If this unit is used for hay and pasture, the main limitations are the surface stoniness, the slope, and the slow permeability in the
Showalter soil. Grasses and legumes grow well if adequate fertilizer is used.
This unit is very poorly suited to homesite development. The main limitations are the slope, the shrink -swell potential, and the
stones throughout the profile.
This map unit is in capability subclass Vle, nonirrigated. The Showalter soil is in the Loamy Slopes range site, and the Morval
soil is in the Deep Loam range site.
35-Empedracho loam, 6 to 12 percent slopes. This deep, well drained soil is on fans and upland hills. It formed in alluvium
and eolian material. Elevation is 6,500 to 9,000 feet. The average annual precipitation is about 15 to 18 inches, the average
annual air temperature is 40 to 44 degrees F, and the average frost -free period is 75 to 95 days.
Typically, the surface layer is brown loam about 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to
a depth of 60 inches is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth.
Included in this unit are small areas of soils that are similar to the Empedrado soil but have a darker, thicker surface layer. Also
included are small areas of soils that are similar to the Empedrado soil but are silt loam or silty clay loam throughout. Included
areas make up about 20 percent of the total acreage.
Permeability is moderate in the Empedrado soil. Available water capacity is high. The effective rooting depth is 60 inches or
more. Runoff is medium, and the hazard of water erosion is moderate.
This unit is used as hayland or for crops. It is well suited to hay and pasture. Grasses and legumes grow well if adequate
fertilizer is used. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually.
This unit is well suited to alfalfa and small grain crops. It is limited mainly by the slope in some areas. Limiting tillage during
seedbed preparation and controlling weeds help to control runoff and erosion. All tillage should be on the contour or across the
slope. If properly managed, the unit can produce 75 bushels of barley per acre annually.
The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big
sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are muttongrass, Letterman needlegrass, common
snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1,500
pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass, Douglas rabbitbrush, and
annual weeds increase in abundance. These plants are dominant when the range is in poor condition; therefore, livestock
grazing should be managed so that the desired balance of the preferred species is maintained.
This unit is suited to homesite development. The main limitations are the shrink -swell potential and the slope. The shrink -swell
potential can be minimized by prewetting foundation areas. The slope is a management concern If septic tank absorption fields
are installed. Absorption lines should be installed on the contour.
This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Deep Loam range site.
36-Empedracho loam, 12 to 25 percent slopes.
This deep, well drained soil is on fans and upland hills. It formed in alluvium and eolian material. Elevation is 6,500 to 9,000 feet.
The average annual precipitation is 15 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average
frost -free period is 75 to 95 days.
Typically, the surface layer is brown loam about 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to
a depth of 60 inches or more is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth.
Included in this unit are small areas of soils that are similar to the Empedrado soil but are silt loam or silty clay loam. Also
included are small areas of soils that are similar to the Empedrado soil but have a darker, thicker surface layer. Included areas
make up about 15 percent of the total acreage.
Permeability is moderate in the Empedrado soil.
Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water
erosion is moderate.
This unit is used as rangeland or for homesite development.
If this unit is used for irrigated crops, the main limitation is the slope. If properly managed, the unit can produce 3.5 tons of
irrigated grass hay per acre annually.
The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big
sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are muttongrass, Letterman needlegrass, common
snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1,500
pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass. Douglas rabbitbrush, and
annual weeds increase in abundance.
If this unit is used for homesite development, the main limitation is the slope.
This map unit is in capability subclass Vie, irrigated and nonirrigated. It is in the Deep Loam range site.
•
NOONE & HALL, P.C.
ATTORNEYS XI' LAW
The Tamarack Building, 1001 Grand Avenue, Suite 207
P.O. Drawer 39, Glenwood Springs, Colorado 81602
Robert M. Noone
Gregory J. Hall
Of Counsel
James H. Delman
February 28, 2003
Mark Bean
Garfield County Building & Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: 0555 Cactus Flats Road, Carbondale, Colorado
Johnson Subdivision Exemption Application
Dear Mark:
JIVED
12003
ff; i=,:isU
UNTY
Telephone: 970-945-4500
Facsimile: 970-945-5570
'Poll Free: 800-813-1559
E -Mail: gjh@noonelaw.com
noonelaw.com
Enclosed please find a copy of the service letter provided by the Carbondale & Rural Fire
Protection District for the above -referenced Application.
Please feel free to call me if you have any questions or concerns.
Very truly yours,
NOONE & HALL, P.C.
By:
GJH/jp
Enclosures
cc: Edward and Janell Johnson
Chris and Andrea Johnson
0E -Al 11B:JB
FIRE • EMS • RESCUE
February 26, 2003
Mark Bean
Garfield Building & Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Subdivision Exemption, 555 Cactus Flats Road
Dear Mark:
The Ed and Janell Johnson property at 555 Cactus Flats Road is located inside the service area of
the Carbondale & Rural Fire Protection District. The property is served by the District for both
fire and ems services
Please contact me if you have any questions.
Sincerely,
r/)
Bill Gavette
Deputy Chief
„,ae-
cc: Greg Hall, Noone and Hall, PC
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
OCAO 0
FIRE • EMS • RESCUE
February 26, 2003
Mark Bean
Garfield Building & Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Subdivision Exemption, 555 Cactus Flats Road
Dear Mark:
The Ed and Janell Johnson property at 555 Cactus Flats Road is located inside the service area of
the Carbondale & Rural Fire Protection District. The property is served by the District for both
fire and ems services
Please contact me if you have any questions.
Bill Gavette
Deputy Chief
cc: Greg Hall, Noone and Hall, PC
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
•
NOONE & HALL, P.C.
ATTORNEYS Al l.:A\V'
The Tamarack Building, 1001 Grand ,\venue., Suite 207
P.O. Drawer 39, Glenwood Springs, Colorado 81602
Robert M. Noone
Gregory J. Hall
Of Counsel
James H. Delman
February 5, 2003
Mark Bean
Garfield County Building & Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: 0555 Cactus Flats Road, Carbondale, Colorado
Johnson Subdivision Exemption Application
Dear Mark:
Telephone: 970-945-4500
Facsimile: 970-945-5570
Toll Free: 800-813-1559
E -Mail: gjh@noonelaw.com
We represent Edward and Janell Johnson, the owners of the above -referenced real property
located in Garfield County, Colorado (the "Property"). On behalf of the Johnsons, we are submitting
one (1) copy of the enclosed Application for Exemption from Subdivision and supporting documents
for review by you and your staff. An additional copy of the materials will be supplied when the
Application is deemed complete.
The Johnsons are seeking exemption from the subdivision process in order to split their existing
11.6 acre parcel into two smaller parcels (approximately 6.9 and 4.6 acres, respectively). Their
property is one tract of three 11.66 acre parcels which were exempted from subdivision by the Garfield
County Board of Commissioners in Resolution No. 79-26 on March 19, 1979. The original parcel,
owned by Robert P. Morris, consisted of thirty-five (35) acres on January 1, 1973, and has been
subsequently split into the three (3) parcels referenced above. A copy of Resolution No. 79-26 is
enclosed for your review.
As you may recall, the Johnsons filed an application for a Special Use Permit on March 11,
1999 for approval of an accessory dwelling unit (ADU) on the Property for use by their son and
daughter-in-law. The Garfield County Board of Commissioners approved the Special Use Permit for
the Johnson ADU by Resolution No. 99-056 dated May 18, 1999. As described in the Project
Information and Staff Comments dated May 4, 1999:
[t]he Johnsons have an existing two story frame house with basement
and detached garage on their lot. Access is provided via a driveway
from Cactus Flats Road, which bisects the property.... The new unit
would be accessed via a second driveway further down the road (east of
Mark Bean
February 5, 2003
Page 2
existing improvements). The accessory unit will be a manufactured
modular single family home in which the applicant's son and daughter-
in-law will live. The intent is to eventually subdivide the lot, which is
cost prohibitive at this time. The applicant should be sure that the
placement of proposed improvements will be able to meet the
subdivision regulations if this is the intention. (Emphasis added).
The ADU has been constructed by the Johnsons as represented to the County, and the
Applicants' son and daughter -in law, Chris and Andrea Johnson, currently reside in the ADU. The
subdivision exemption application is therefore submitted for the purpose of allowing the Applicants'
son and daughter-in-law to own a parcel of property upon which their current home rests.
The following documents and information are provided for your review as attachments to the
Application for Exemption from Subdivision:
1. A Subdivision Exemption sketch map and vicinity map prepared by Sydney Lincicome
from Lines in Space. The map details the proposed lot line, and shows the existing
residence, ADU and access easement via Cactus Flats Road.
2. A copy of a Warranty Deed from First National Bank of Glenwood Springs to Edward
and Janell L. Johnson, evidencing ownership of the Property by the Applicant.
3. A list of names and addresses of owners of record for land immediately adjacent and
within two hundred feet (200') of the Property. In addition, the owners of mineral rights
of record are listed as well and their interest is specified.
4. All existing structures have been completed, certificates of occupancy have been issued,
and the existing residences have been inhabited for years; as such, we believe it is not
necessary to provide you with any additional soils analysis.
5. A copy of Well Permit No. 125572, the Court Decree in Case No. 79CW97, Water
Division No. 5, Garfield County, Colorado, and correspondence from Loyal E.
Leavenworth, Esq. to Garfield County evidencing an existing legal water supply for
each lot created. The establishment of a legal and adequate water supply was required
as part of the 1999 Special Use Permit, and the water supply has not been modified
since that time.
6. The Applicant's residence and ADU currently use ISDS sewage disposal systems which
are currently functional. Please let us know if you require any additional information
other than that provided to receive certificates of occupancy for the residence and the
ADU.
7. The Carbondale & Rural Fire Protection District provides fire protection services for
both the residence and the ADU on the Property.
• •
Mark Bean
February 5, 2003
Page 3
8. A check in the amount of $300.00 made payable to Garfield County for the required
Application fee.
Please note that, as we have discussed, the Applicant has included copies of letters from Susan
C. Kirk, Paul A. Harris, and Mia M. Miller expressing their collective consent to the Applicants' filing
of an application for subdivision exemption as opposed to a full County subdivision review. The
signators represent all owners of the real property included in the original thirty-five (35) acre parcel.
Please let me know as soon as you have deemed the Application complete, so that we may
provide notice of the hearing to the appropriate property owners. If I can be of further assistance,
please do not hesitate to contact me at your convenience.
Very truly yours,
NOONE & HALL, P.C.
By:
GJH/jp
Enclosures
cc: Edward and Janell Johnson
Chris and Andrea Johnson
MAR 2 1 1979
RciooA'ded ryti, , . o' clo _ M • Il''Y: :711421 ri.r.;E9 %),
flf coption No. _.rS�c �c.r3;1 Mildred A1zridorr, Recorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-26
WHEREAS, Robert P. Morris has petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the
definition of the terms "subdivision" and "subdivided land" under C.R.S.
1973, 30-2II-101lU
( ) (a) -(d), as amended, and the Subdivision Regulations
of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21
(d) and 3.02.01 for the division of a 35.0 acre tract described as
follows: The East 1155.0 feet of the SE1/4SW4 of Section 11, T.7S.,
R.88W of the 6th P.M. into 3 tracts of approximately 11.66 acres each,
more or less, which proposed divided tracts are more particularly
described as follows:
Tract A: E. 385 feet of the SE 1/4 SW 1/4 Section 11, Township 7
South, Range 88 West, 6th P.M.
Tract B: W. 385 feet of the East 770 feet of the SE 1/4 SW 1/4
Section 11, Township 7 South, Range 88 West, 6th P.M.
Tract C: W. 385 feet of the East 1155 feet of the SE 1/4 SW 1/4
Section 11, Township 7 South, Range 88 West, 6th P.M. in the State of
Colorado and County of Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
a reasonable probability of locating domestic water on each of said tracts,
that there is adequate ingress and egress to said tracts, that the location
of septic tanks will be permitted by the Colorado Department of Health,
that the requested division is not part of an existing or larger development
and does not fall within the general purposes and intent of the subdivision
regulations of the State of Colorado and the County of Garfield, and should,
therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as
amended;
NOW, THEREFORE, upon the motion of Larry Velasquez , seconded by
R.C. Jolley , and carried, the division of the above described
tracts "A", "B", and "C" from the above described 35.0 acre tract is hereby
exempted from such definitions and said tracts may be divided into tracts
"A", "8", and "C", all as is more fully described above, and said divided
tract may be conveyed in the form of such smaller tracts without further
R• X 524 r.!n[913
compliance with the aforesaid subdivision statutes and regulations; provided,
however, that this exemption is granted on the condition and with the express
understanding and agreement of the Petitioner that no further exemptions
be allowed on said tracts "A", "B" and "C", and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 19th day of March , A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
ATTEST:
i
Duty y lerk of the Board
of County Commissioners
Garfield County, Colorado
3
Chairman
II1I!II1IIIIIIIIIIIIIIIIII111111lIIIIItI 11111 •
545762 05/18/1999 03:30P B1130 P5 M ALSDORF
1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on , Monday , the 1 8 day of May A.D. 19 99 , there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 9- 0 5 6
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
FOR AN ACCESSORY DWELLING UNIT APPLICATION FOR THE EDWARD JOHNSON
SUBMISSION.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Edward Johnson for a special use permit to allow for approval of an
accessory dwelling unit: and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 4th day of May, 1999, upon the question of whether the above described
accessory dwelling unit should be granted or denied, at which hearing the public and interested
persons were given the opportunity to express their opinions concerning the approval of said
special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners;
Page 1 of 4
1 IN1I1111III 111111 111111 11 111111 111114011111 1111 III •
545762 05/18/1999 03:30P 81130 M ALSDORF
2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting;
3. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended;
4. That for the above stated and other reasons, the proposed special use permit is in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
And, WHEREAS, the Board of County Commissioners has made the following determination of
findings listed below:
1. The Applicant's submission was filed with the Planning Department of Garfield
County on the 1 l th day of March, 1999, and referred to the Board of County
Commissioners;
The Board of County Commissioners established a date for a public hearing on the
application for the special use permit and the vesting development rights per 24-
68-103, C.R.S., as amended, which commenced on the 4th day ofMay,1999, at
9:00 a.m.;
Pursuant to evidence produced at the public hearing on this application, the Board
of County Commissioners finds:
a. that the property owners adjacent to the property that is the subject of this
application received notification of the date, time, and location of the
above -referenced public hearing by certified mail, sent at least fifteen (15)
days prior to the commencement of the hearing;
b. that notification of the public hearing was published in a newspaper of
general circulation at least thirty (30) days prior to the commencement of
the hearing;
c. that the substance of the mailed and published notification substantially
informed interested parties of the subject matter and the location of the
requested modification to the existing zoning;
d. that the Board of County Commissioners has jurisdiction to conduct the
public hearing on the application and render a decision thereon; and
e. that the requested accessory dwelling unit does not affect in a substantially
adverse manner either the enjoyment of land abutting upon or across a
street from the property that is the subject of this application, or the public
interest, and is not granted solely to confer special benefit upon any person.
Page 2 of 4
1!Im1111111111111111111 1111 11116 1 11111 1111 1111 •
545762 05/18/1999 03:30P B1130 P546 M ALSD9RF
3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
4. The hearing before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters, and issues were submitted; and all interested
parties were heard at the hearing.
5. Pursuant to 3.02 of the Garfield County Zoning Resolution of 1978, as amended,
the Board of County Commissioners herein find that, subject to strict compliance
with the conditions set forth herein, the special use permit will meet the standards
and requirements of 5.03, et sew. of that Zoning Resolution.
6. The special use permit, subject to the conditions set forth herein, will be designed
with the consideration of the natural environment of the site and the surrounding
area, and will not unreasonably destroy or displace wildlife, natural vegetation, or
unique features of the site.
7. The Board of County Commissioners find that no portion of the special use permit
conditionally approved herein may be occupied until all appropriate building
inspections have been approved by the Building Department.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Edward Johnson Accessory Dwelling Unit is hereby approved
subject to compliance with all of the following specific conditions:
A. All representations of the applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions
of approval.
B. All items indicated in the staff report, recommended by the Board of County
Commissioners, and included by the Board of County Commissioners at the public
hearing as itemized below:
1. That the accessory dwelling unit be built according to the submitted plan
and that substantial changes to the plan, such as but not limited to a change
of location or total square footage, will require another review which may
or may not be approved by the Board of County Commissioners;
2. That the applicant meet all requirements of the Garfield County Zoning
Resolution of 1978, as amended;
3. That all State and Local health standards be met and that the applicant
acquire ISDS permit at the building permit stage;
4. That proof of a legally adequate source of water for two (2) dwelling units
be provided prior to issuance of a building permit and special use
permit;
Page 3 of 4
111111111111 11111111111111111111111.1111111111111111 r
545762 05/18/1999 03:30P B1130 P547 M ALSDORF
4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
5. That a copy of the water augmentation plan and a letter be submitted to the
Board of County Commissioners; The letter must be from a licensed
engineer in the State of Colorado, it must detail the history of the water
transfers, and detail the status of the original three (3) lots which were
involved with the water sharing agreement.
Dated this 1 8 day of May
ATTEST:
•
11
Cler,k.of the Board
.may
, A.D. 19 9 9
GARFIELD COUNTY BOARD OF
COMAE IONERS, GARFIELD
CO ' Y, OLO • . , O
' - Upon motion duly made and seconded the foregoing Res
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER STOWE
lution
a
adopted by the
STATE OF COLORADO
)ss
County of Garfield
Aye
, Aye
,Aye
I> , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
Page 4 of 4
71
TEN Tm: .ARs :.,!,..r co:ER coivT ,1%;:, ,vor,NELF CONSIDt'JIMIuN— . DOLLARS,
to oo,v,..n rt r r...!' to fins pert in horol ro1 ! by the FAH part I ;;;r (4 the second part, the receipt whereof is bare-
Ooc ri.t.,. :,
tly ennfeeted aril aetrowie.lied, hath grai,.a.si, hr. -gained, ;geld and c!onveyed, and by these presorts doth grant, bar.
i
:1. $9.30.:
i sNiirk, sell, oonory and confirin !info Or mad part; Y or the necond part, Lts heirs, and assigns for -
fin -,r, all rf ti f.,dowing dotiorlhol lot or parcel of :iin-1, situate, lying a-:. :ming in the
11 0,winti. of ( .1 r !r. i c• 11
had Stat.1 of Colorado, to wit:
Prbtorden is . Wok ot. ......... J OP; 0.Z
• -
,•••
'.is
;.• • 1,T.1',
e,1 r)" r 11,11y n1l11tr5 lfll srd 0,11. flit. 1,0,4
df 11' Vtate pt Colt; ;1;1;' of ti a firs( port, and 1 -::!:rd ,fo:mson
ns Tfl1 f;;;;natito
rlJ i 0
of the
County of t; 1 d and State of
of the arcond Pert:
BtO 669 ncE581.
GARFictp
JON 0 11985
Ptate, Doc. Few
$
WITNINSEIii. 1114. ,.:1•C Aald party of tiro first. pent. for and in consideration of the num of
;ie..: Exhibit "A" ntrJcherl hereto And mad.2 prtrt hereof
by this reference.
31so keown as. Z2 Cc 11 t Road I (7,i..lrf';or0J11e, CO. R1623
T01.415.:T1F1Elt withe'rTRI.n.ro.ssa,Las_lesinersendlonging, or in anywise.
• ami the reef-M.4m or reversions, remainders, rents, Lseues and profits thereof; and all the estate„
•
nivb t, titL, inn,.0:11m and demand V,bninoc,ver of the Said party of tio, first part, either inlaw or equity, of, in
•i
and to bAtpuir.:4 pz.etnines with the 1ereilitann..4iti &rid an:luminances,
T() HAVE AND .'o HOLD the said premiers above bargained and described, with the .appurtenances unto the
said part es of, +1;.: second part Gilt? L r heirs and wive forever. And the said 1•'irst National
cmk of t;',,eimoond Springs
,• party of the first part, for ituelf,
and its euccessurs, (loth covenant, grant, bargain, and 41.700 to and with the said paries of the second part,
bairn and assignn, that at the time of the one/avand delivery of these presents it is well
H seized of the prez...ses above conveyed, as ;sf a good. mire, perfect, absolute; and Indefeasible estate of inheritance, in
at fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and convey the same
in manner and form aforesaid, and that the same are free and chum from all former and other grants, bargains,
l; sales, Arms. taxes. EVARI.:5Mnenta and incumbrameet of whatever kind ot nature 'never; except for easements,
resLr.:.ctions, reservatins and rights—of—way', all of record and real property •
A tsyes for the year I93S, not ver: du c or payable, and terms and conditions of
water agreement recorded September i0, 19.8i, in book 381 at Page 4 as Reception
No. 319021.
&Wye )•rermuir.ed prernen in the claim, and viis.t•eablr: posmnsion ,,;ef the said part les of the second part
,i,•' agnont; !CI 141111 evoryri in,, r ma•serat ia-a-rolly claiming or to claim the whole
azI3 PArt a:',frrf, the ”.lrl ty f.the hrAl p.irt to•! will WARRANT AND FOREVER DEFEND,
q1,1•5:.;E... Iva Fitzoln. Th,„ „cat;nr'Nun; hat!I oho indj ii corporate to be hereunto
Pre.,-iesent, icd te 1''.1'It4,-,1* hcretinto attxed; attested by Ile
Cf
a •
tiny and Foal' firht above wr;,,o.n.
I •.. Jeleon: itt' r 1.
1;!E PA",04' cLe,NNoPP_SfR
•. /
fly .
iCrnewt J. Getbaz,/ Pnekbet.
s rA (TF cr-LoTtnim.
I‘
:I ..,........ . Gr,urity jQ:Ld
sirknot9.1.,IE. Lefl cr• re Ilay of .51(ite,
,
o'I
President and
k SeerfAtify of
: I• iew:11 ll;; le,11;.ce;- a corporaton.
T:r : •
ym;tirire'rairmO,eroles:d.,•.1;
W;t;m:;;;;/ 45/ 5 l 411d offeiol yr1-4.1.
r • .? • •
1,; • , •
14,,,;;•:;7
NGS
ITN Ga9 rAtiM2
EXEBTT "A"
A Tract of land located in the SEIOW4, Section 11, Township 7
South, Range 88 West, 6th P.M., described as f011ows2
Beginning at the Southeast corner of the said SE341144;
thence Westerly along the South line of said SE4SW1/4 385 feet;
thence Northerly along a line parallel to the East line of said
SE 43141% to a. point on the North line of said SEhS444;
thence Eapterly along said North line 385 feet more orless-to
the East line of said 3EiSW1,4;
thence Southerly along said East line to the point pf beginning.
TOU!ITTY OF GARFIELD
ZTATE OF COLORAD:)
Together with an .,:-asement fr ingress and egress, for acdess
e,7roz.-E t-ne propel -:y r ntor, along an unimproved road
isting and in place, running through subject property,- to
•:unty Road 112, ,..;arfield County, Colorado.
Together with all improvements thereon and appurtenances thereto.
TOGETHER with undivided interest in domestic well and any and all water
rights appurtenant thereto.
• •
MAILING LIST
Mia M. Miller
Paul A. Harris
540 Cactus Flats Road
Carbondale, CO 81623
Jerry R. Gillespie
Stefanie E. Gillespie
P.O. Box 1031
Basalt, CO 81621
Richard Montrose
33 Cactus Flats Road
Carbondale, CO 81621
Majorie J. Bauer
Frank R. Bauer
710 Cactus Flats Road
Carbondale, CO 81621
Calvin Lee
811 Blake Avenue
Glenwood Springs, CO 81601
Timothy H. Mason
Barbara K. Mason
739 Cactus Flats Road
Carbondale, CO 81621
Sage Properties Investment Co., LLC
704 Skipper Drive
Carbondale, CO 81623
Kelly S. Hubbell
Platt T. Hubbell
26482 County Road #4
Nisswa, MN 56465
Marguerite Travis
181 Dakota Meadows Drive
Carbondale, CO 81623
Gabriele P. Weinglass
P.O. Box 7816
Aspen, CO 81612
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
01110 PERMIT APPLICATION FORM •
( ) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
VED
SEF 1 41 1981
.,4«URCipECE `','SLUE ItiC;,,IE
OCT 2 1981
( ) REPLACEMENT FOR NO.
( )OTHER Ptiji lIL4:-tN r 11(),'\) I,vorf• �`I O,!17 6
UTE ENGINEA
WATER COURT CASE NO riq C LA)6F), yap.
(1) APPLICANT • mailing address
NAME
k,01LLIAi\-1 —1124
STREET 1, V? aLptbE
CITY ��i��►_> >C- CDL O
(State) (Zit))
TELEPHONE NO"t^'n5 2:6
(2) LOCATION OF PROPOSED WELL
County
0a\ZTIEL4
SE : of the S LL)
Twp. S Rng. S(3
IN.S)
'/a, Section 1
E.WI
P.M.
(3) WATER USE AND WELL DATA
.'roposed maximum pumping rate (gpm) 1Th Cn P'v\
Average annual amount of ground water \
to be appropriated (acre-feet): �- �!�
Number of acres to be irrigated: 1°.}• t C
Proposed total depth (feet): r 1
Aquifer ground water is to be obtained from:
Owner's well dejignat;ion /!o��-'L -al/ .1?
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( )(,) LIVESTOCK (2) ( ) IRRIGATION (6)
l ( COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9) -tr-.-t
DETAIL THE USE ON BACK IN (11)
(4) DRILLR
Name
treet
t
(Slate) (Zip)
Teieonone No. Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
01050
Receipt No
Basin Dist.
tyONDITIONS 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.
1) THIS PERMIT IS ISSUED SUBJECT TO THE TERMS C
A COURT DECREE ISSUED IN CASE NO. 79CW97 BY THE
DIVISION 5 WATER COURT.
2) A TOTALIZING FLOW METER MUST BE INSTALLED 0�
THIS WELL AND DIVERSION RECORDS SHALL BE
MAINTAINED BY THE OWNER AND SUBMITTED TO THE
DIVISION OF WATER RESOURCES UPON REQUEST.
APPLICATION APPROVED
PERMIT NUMBER
125572
DATE ISSUED JUN1 1982
EXPIRATION DATE JUN 1 1984,
i{ JG✓(r • 44..
BY
ATE .NG&iJE'ER)
I.D. COUNTY �7
WhICh the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 40 acres) for the well location.
!. 1 MILE, 5280 FEET --)1
-}- } + + + --I- +
NORTH SECTION LI
+
by
I
I
i
- ± - — --
I
4_ — -
NORTH I
m
Z + I
2
IA
0 m
4---4- U' "I -
w
cI
f
by distances from section lines.
D
,. J
�r�� t. from Se)ci Tt4
sline _
(n ith or south)
il V ft. from S r Es/i
+
sec line
(east or west)
LOT BLOCK FILING
SUBDIVISION
INE
—r
- —+
The scale of the diagram is 2 inches = 1 mile
• Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot . .. 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: 064&V )Zy(c jwf
No. of acres 1 1 -- Will this be
the only well on this tract?. S
(8) PROPOSED CASING PROGRAM
Plain
hCasing
`n in. from ft to 7 Cft
[ in. from L ft -to -1° O ---ft` "
Perforated casing !
in from ft to ft
in from ft to Ct
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s) : S l'II 14 IN 1 LL) R m TR`! LC. 4' No. of acres' 1 1
Legal description' 1_:. 1/H VV IN`.--L.--c-i- 1 U Ni 11 T ' PAN R ( - pit*
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. l� „MES 1 1 C v se) L. j vL=S i DC K 1 P(12.G l TEC:Cr Oa
Djs f c__-f'b�'t�• ST 1V1 To I^\>=E an UNry s --TAN Ort i S
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANTS) . STATE(S) THAT THE INFORMATION SEAT FORTH HEREON IS
TRU p THE, BESTOF IS KNOWLEDGE.
\AN
SIGNATURE OF APPLICANT(S)
Use additional sheets of paper if more space is required.
\VR.J•I:-Rev. 76
Application must
5e complete where
ippiicable. Type or
()Fir, t in BL..ACK
INK. No overstrikes
or t'i sirs uIess
COLORADO DIVISIOii.F WATER RESOURCES
818 t10
ennial Bldg., E313 Sherman St., Denver, C
o
lo 80203
Ilir
PERMIT APPLICATION FORM ' )
( ) A ITT TO USE GROUND WATER
N.- X) A PE RMIT TO CONSTR UCT A IVE 1, I..
FOR: ( ) A PERMIT IC, INSTALL. A l'UMP t
(1) APPLICANT - mailing address
) REPLAIIENIFf../T FOR NO.
) OTHER
WATER COURT CASE NO.
boo,
NAME Robert P. Morris
STREET Box
CITY Aspen, Colorado 8161.1
(state)
TELEPHONE NO 925-8081
(2) LOCATION OF PROPOSED WELL
County Garfield
SE of the SW Y, Section 11
rwp. _ 7 Rni]... 88 _ 6th
krJ,S) IE.WI
(3) VVATER USE AND WELL DATA
1roposed maximum pumping rate (qpm)
Average annual amount of ground water
tobe appropriated (acre-feet):
•
Number of acres to be irrigated:
15
1
Proposed.total depth (feet): 350
Aquifer ground water is to be obtained from:
Maroon
Owner's well designation _iviOrris
GROUND WATER TO BE USED FOR:
I t HOUSEHOLD USE ONLY
X.141 DOMESTIC (1)
) LIVESTOCK (2)
) COMMERCIAL (-I)
no irrigation (0)
) INDUSTRIAL (5)
) IRRIGATION (6)
( ) MUNICIPAL. (S)
OTHER (9)
•
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Licensecj Driller
Lic. No
FOR OFFICE USE ONLY: DO NO WRITE IN THIS COLUMN
(71)( if: 31
Receipt No.
Basin Dist.
•
• -
CONDITIONS OF APPROVAL
• ;_, •:;1-:
This well shall be used in such a way as to4cause
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.
APPROVED PURSUANT TO CRS 1973,.37-92-60'4
(3)(b)(I1) AS TI ONLY WELL ON A TRAC2,.'
OF 35 ACRES OR MORE DESIGNATED AB 45' ''•
ACRES IN -,i'e:::%••;:/ 4.; kr',/ , C. /1) 1%
7•S :5'S> 4.ti 44,
APPROVED FOR DOMESTIC USE, INCLUDING TH3-:
IRRIGATION OF NOT OVER ONE ACRE -OF. MCC'
GARDENS AND LAWNS.
APPLICATION APPROVED
PERMIT NUMBER 109924
DATE ISSUED OCT 251978
EXP)RATI0N1[)PTE .) CT 2 5 19, f.7in
f ,
.;)33.1711,1F,V;TATE-EpT-;
00 UNTY
(5) THE LOCATION`..„r- THE PROPOSED WELL aide, --the area on
which the water will be used t be indicated on the diagram below.
Use the CENTER SECTION (ion, 640 acres) for the well location.
-
1 MILE, 5280 FEET ------ y
T + +
NORTH)._
f
-1--
w
J
o
1-
U
w
w
w
-t-
NORTH SECTION LINE
SOUTH SECTION LINE
r
The scale of the diagram is 2 inches - 1 mile
Each small square represents 40 acre,.
(6) THE WELL MU -3-i- BE LOCATED BELOW '
istances from section lines.
66(
ft. from South sec. line
(north or south)
2062 _ft. from West
--- sec. lir
(east or wast)
LOT_- .... _-__._BLOCK FILING i►
sl.11uDI`JI;;ION
(7) TRACT ON WHICH WELL WILL MIS.
LOCATEDOwner: R. P., Morris
No. of acres 35 . Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
__6 � _ _in. from 0 ft. to 300 ft
in. from ft to
Perforated casing
in. from 300 ft. to 350
in. from ft to ft
ft
ft
WATER EQUIVALENTS TABLE (Rounded Figures}
An acre-foot covers 1 acre of land 1 font deep
1 cubic foot per second (cfsl ... 449 gallons per minute (gp rel
A family of 5 will reruire approximately 1 acre-foot of water per year.
1 acre-fuot ... 43.560 cubic feet ... 325,900 yallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): R. P. Morris
No. of acres- 35
Legal description: E 1155' of SEgSP7� uPS� 11_ T7S, R88W of 1-1-1P 6th p -'+t -
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Domestic — septic and leaching disposal
(12) OTHER WAT EUS3i-ITS used ou this kind, including wells. (give Ritgi ,ration and Water Court Case Numbers.
Type or rigor
none
tlsed for (t irposel Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
ii':-17U1i 01= Ai'PCr0:4rV,'0)
•
QUIT CLAIM DEED
Paul Harris and Mia Miller ("Grantors"), whose address is 0540 Cactus Flats Road.
Carbondale, Colorado, for Ten Dollars and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby sell and quitclaim to Edward F. Johnson and
Janell L. Johnson, whose address is 555 Cactus Flats Road, Carbondale, Colorado, the following
property right and interest in Garfield County, Colorado:
The water right decreed to the Morris Well No. 1 in Case No. 79CW68, Water
Division No. 5, State of Colorado, together with 0.3 acre-feet of adjudicated
augmentation water decreed in Case No. 79CW97, Water Division No. 5, State of
Colorado,
together with all its appurtenances and all the estate, right, title, and interest of Grantors.
Dated: %a'pel r!. "I , 1999
STA 1-L OF COLORADO
COUNTY OF
Harris.
) ss.
Paul Harris
Ake itAd( (tV
Mia Miller
The foregoing instrument was acknowledged before me . 1999, by Paul
Witness my hand and official seal.
My commission expires
STA 1 E. OF COLORADO )
) ss.
COUNTY OF &/yb L- )
The foregoing ins
Miller.
Witness my h
My commissi
johnsone 2quitclm.O1
RECEIV€0 AO
Notary Public
knowledged before me M.1 . 1999, by Mia
Notary Public
My Commission Expires May 05, 2001
9 RECEIVED APR 1 3 1999
May -10-99 03:OOP
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
GREGORY I. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER"
TOM KINNEY
•.Admincd in Wisconsin only
9/0-94b—
•
/V—yob—r.�3
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
May 7, 1999
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Carbondale Land Development Corporation
Dear Don:
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
Ittawesopris.net
As you know, I represent the Carbondale Land Development Corporation. I was
approached by Tom Zancanella, on behalf of Ed Johnson, who requested that I provide you with
my opinion regarding the water rights appurtenant to Mr. Johnson's parcel. Based upon the
records of the Carbondale Land Development Corporation, and other recorded documents which
1 have reviewed, I believe Mr. Johnson owns the Morris Well No. I, adjudicated in Case No.
79CW68{Water Division No. 5), which well is augmented in Case No. 79CW97. Mr. Johnson
also owns 0.3 acre-feet of augmentation water associated with the Park Ditch water rights, more
fully outlined in Case No. 79CW97. This amount of water is sufficient to serve the proposed
accessory dwelling unit being requested by Mr. Johnson.
This letter is written solely on behalf of the Carbondale Land Development Corporation
and is provided for informational purposes only to the County. If you have any questions, please
feel free to contact me.
Very truly yours,
LEAVENWORTH & TESTER, P.C.
E. Leav nworth
LEL:11n
cc: Carbondale Land Development Corporation
Tom Zancanella, P.E.
F 1N999‘Leners-Memin,.CLDC-Deford-hr-l.wpd
III LEAVENWORTH & TESTER, •.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
GREGORY J. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER'
TOM KINNEY
*Admitted in Wisconsin only
May 27, 1999
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Ed Johnson Accessory Dwelling Unit
Dear Don:
flAY
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
]tlaw®sopris.net
I am writing on behalf of Ed Johnson to provide the County with a legal opinion regarding
the water supply for the three properties in the Sharpe Subdivision Exemption. In 1977, the
County approved the John A. Sharp and Joan French Subdivision Exemption by Resolution No.
77-104. We have reviewed the water supply for each of the three properties and can advise you
that each property has a well permit based upon an augmentation plan, and that none of the parcels
have a right to use water on any of the other parcels. Enclosed is a copy of a chain of title for
each of the lots, showing that each lot has its own legal water supply. As I have previously
advised you, Mr. Johnson's water supply is adequate to serve an additional accessory dwelling
unit.
If you have any questions regarding this matter, feel free to contact me.
Very truly yours,
LEAVENWORTH & TESTER, F.C.
Loyal E. Leavenworth
LEL:11n
Enclosure
cc: Tom Zancanella, P.E.. w/enc.
F: \1999\\Lcttcrs-Memos'JOIINSON E-Dcford-Itr-1., pd
The name of the structure is Morris Well No. 1.
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 79CW68
IN TIIE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF )
CARBONDALE LAND DEVELOPMENT CORPORATION )
IN THE ROARING FORK RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: CATTLE CREEK )
IN GARFIELD COUNTY )
FILED
IN WATER COURT
Division No. 5
r
11 c2 1980
STATE OF COLORADO 4
BY
c:; CLER:'
DEF".../ fY
r.r.r.
RULING OF REFEREE
The above entitled application was filed on March 30, 1979,
and was referred to the undersigned as Water Referee for. Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 10th day of April, 1979, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as The Water Right
Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter_, to -wit:
1. The statements in the application are true.
2.
3. The name of the claimant and address is Carbondale Land
Development Corporation; c/o Musick, Williamson, Schwartz, Leavenworth
and Cope; P.O. Drawer 2030; Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of 350 feet,
and being tributary to Cattle Creek, tributary to the Roaring Fork River.
5. The well is located in the SE' SWn of Section 11, T. 7 S.,
R. 87 W. of the 6th P.M. at a point 660 feet North of the South line
and 2,062 feet East of the West line of said Section 11.
6. The use of the water is domestic, livestock water, commercial,
irrigation, municipal, fire protection, recreation, and fish and wildlife
propagation.
7. The date of initiation of appropriation is October 19f 1978.
8. The amount of 'water claimed is 0.033 cubic foot of water per
second of time, conditional.
9. On October 25, 1978, the Office of the State Engineer issued
Permit No. 102924, subject to the following "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.
-1-
79CW68
Approved Pursuant to CRS 1973, 37-92-602(3)(b)(I1) as the only well
on a tract of 35 acres or more designated as 35 acres in SE4 SW4,
Section 11, T. 7 S., R. 88 W. of the 6th P.M.
Approved for domestic use, including the irrigation of not over one
acre of home gardens and lawns.
10. The applicant does not intend to use this well as an exempt
domestic well pursuant to CRS 1973, 37-92-602(3)(b)(II).
11. The applicant Herein has subsequently filed a Plan for
Augmentation in Case No. 79CW97, for the purpose of providing
augmentation water for the water which will be produced by Morris
Well No. 1, at such times as said well is producing out of priority.
The Referee does therefore conclude that the above entitled
application should be granted conditionally, and that 0.033 cubic foot
of water per second of time, with appropriation date of October 19, 1978,
is hereby awarded to Morris Well No. 1, for domestic, livestock water,
commercial, irrigation, municipal, fire protection, recreation, and
fish and wildlife propagation purposes; provided, however, that the
Water Court approves the Plan for
in Cacti No. 79CW97.
If the Plan for Augmentation filed in Case No.
approved by the Water Court for Water Division No.
Referee shall become null and void.
Application for quadrennial finding of reasonable diligence
shall be filed in August of 1984 and in August of every fourth calendar
year thereafter so long as claimant desires to maintain this.conditional
water right or until a determination has been made that this.conditional
water right has become an absolute water right by reason of the completion
of the appropriation.
It is accordingly ORDERED that this ruling shall be filed with
Augmentation filed by the applicant
79CW97 is not
5, this Ruling of
I
the Water Clerk and shall become effective
upon such filing, subject
to Judicial review pursuant to Section 37-92-304. CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed
with
the appropriate Division Engineer and
Done at the City of Glenwood Springs,
day of (T
, 1980.
};roe :s. w,s file:, . ,._ ..
The foregoing ruling k
and approved, and is made the
• Judgment p d?eyree of this court.
Dated:_
.4�
WATER JUDGE
the State Engineer.
Colorado, this
BY THE REFEREE:
71.4
W eferee
Wat r Division No. 5
-2- Stat -.e of ('n1 nrnrin
• •
ORDER
IT IS ORDERED that the Motion To Withdraw Application
be granted and the Application For Quadrennial Finding Of
Reasonable Diligence in Case No. W-2423(79) be withdrawn.
(-79Gw69)
DATED this ? day of April, 1979.
1-6/27 di4te
7%c w6 9'
• •
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. 79CW97
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF THE CARBONDALE )
LAND DEVELOPMENT CORPORATION
IN THE ROARING FORK RIVER ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ITS TRIBUTARIES ) JUDGMENT AND DECREE
TRIBUTARY INVOLVED CATTLE CREEK )
IN GARFIELD COUNTY
THIS MATTER, having come on for consideration by the
Water Court, the Applicant appearing by its counsel Musick,
Williamson, Schwartz, Leavenworth & Cope, P.C.; Objector
Union Oil Company of California appearing by its counsel
Moses, Wittemyer, Harrison & Woodruff, P.C., and Mincer
and Hartert; and the Park Ditch and Reservoir Company,
Daniel Stroock and John Sutey entering their appearance
in this proceeding by their counsel Delaney and Balcomb,
all Objectors and parties having either withdrawn their
opposition herein or acknowledged their consent to the
Application being granted upon certain conditions as hereinafter
set forth; and the Court having considered the evidence
and having examined the records and files herein, and being
now fully advised in the premises, hereby finds, concludes,
and decrees as follows:
I. FINDINGS OF FACT
A. GENERAL
1. An application for Approval of Plan for Augmentation
and Change of Water Rights was filed by the Applicant on
April 30, 1979.
2. An Addendum to Application for Approval of Plan
for Augmentation and Change of Water Rights was filed by
Applicant herein on May 14, 1979, omitting Paragraph 2(q)
of the original Application; this served to remove one
structure from the Plan for Augmentation.
3. Adequate notice, as provided by law, was given
of the pendency of said proceedings.
4. Statements of Opposition were timely filed herein
by the Colorado River Water Conservation District and Union
Oil Company of California.
5. The Colorado River Water Conservation District
withdrew its Statement of Opposition by Motion filed October
2, 1979.
6. No further Statements of Opposition have been
filed in this proceeding, and the period for such filings
expired June 29, 1979.
7. An Entry of Appearance was filed by the Park
Ditch and Reservoir Company, Daniel Stroock, and John Sutey
on August 21, 1979. These parties have withdrawn their
appearance.
8. Union Oil Company of California has consented
to entry of this decree. The Court hereby acknowledges
the consent of the Objectors in these proceedings.
9. This Court and the Water Referee have jurisdiction
over the subject matter of the proceedings and over all
who have standing to appear as parties, whether they have
appeared or not.
B. OPERATION OF AUGMENTATION PLAN
10. The Applicant Carbondale Land Development Corporation
(hereinafter "CLDC") is a corporation duly organized and
operating pursuant to the laws of the State of Colorado.
CLDC is engaged in the development of approximately sixty-nine
(69) lots for single-family residential development to
be located on property owned by CLDC situated on four (4)
tracts of land encompassing approximately 476 acres, more
or less, located in parts of Sections 11, 14, and 23, Township
7 South, Range 88 West of the 6th P.M. (hereinafter referred
to as "CLDC Property"). CLDC has also entered into agreements
• •
with others for the inclusion in this plan of an additional
three (3) single-family residences to be located on property
owned by them and situated within Section 17, Township
7 South, Range 87 West of the 6th P.M. (hereinafter referred
to as "Agreement Properties"). Thus, a total of no more
than seventy-two (72) single family residences will be
included within this plan for augmentation.
11. Applicant proposes to utilize a total of sixteen
(16) wells to supply water to the 72 lots. Thirteen wells
will service 69 of the lots through a central water system;
the remaining 3 wells will be domestic wells located upon
and servicing individual lots. The wells involved herein
are as follows:
Structure Name Quantity Appropriation Case
Date No.
Clark Well No. 1 15 gpm 09/18/78 79CW67
Morris Well No. 1 15 gpm 10/19/78 79CW68
M/K Ranch 15 gpm 09/27/78 79CW66
Well No. 1
CLDC Wells 20 gpm (each) 04/24/79 79CW96
No. 2-14
12. On the basis of year-round occupancy by 3.5 persons
per lot (252 persons), each utilizing 90 gallons of water
per day, the annual diversion requirement from the wells
involved herein for in-house uses will be approximately
25.40 acre-feet.
13. The waste water generated from the lots will
be disposed of through individual septic tank and leachfield
disposal systems designed to minimize evapotranspiration.
The consumptive use of water used for in-house purposes
is estimated to be 12% of the amount diverted, or a maximum
of 3.05 acre-feet per year. The remainder of the water
diverted through the wells for in-house purposes will be
returned to the Cattle Creek watershed. Of the 3.05 acre
feet so consumed, 1.52 acre feet will be consumed during
the period May through October, when the Park Ditch has
historically been used for irrigation and the wells are
not expected to be permitted to divert water under their
• 1
own decreed priorities. The remaining 1.53 acre feet will
be consumed during the period November through April, when
the wells are expected to be permitted to divert water
under their own decreed priorities.
14. Applicant shall adopt restrictive covenants and
deed restrictions binding upon subsequent purchasers and
current owners for each lot or parcel involved herein which,
inter alia, will limit the use of water from the wells
as follows: three (3) lots, the Agreement Property, shall
be permitted to irrigate no more than 2,500 square -feet
of lawn and gardens each; the remaining 69 CLDC lots shall
be permitted to irrigate no more than 1,000 square -feet
of lawns and gardens per lot. There will, thus, be a total
of 1.76 acres of irrigated lawn and garden area with a
diversion requirement of 5.27 acre-feet and a consumptive
use of 3.51 acre-feet, annually. This 3.51 acre feet of
consumption will occur during the period May through October,
when the Park Ditch water rights have historically been
used for irrigation and the wells are not expected to be
permitted to divert water under their own decreed priorities.
15. Applicant further proposes to permit residents
of 39 lots only to maintain no more than two (2) horses
per lot; no other livestock shall be permitted. Based upon
40 liters of water per day each, assuming 1007 consumption,
there will be an additional 0.96 acre feet of water consumed
each year. Of this, 0.48 acre-feet will occur during the
historic irrigation season and 0.48 acre-feet during the
historic non -irrigation season.
16. The total consumption of water as a result of
Applicant's development and the three (3) additional lots
included within this plan is, therefore, expected to be
as follows:
May -Oct Nov -Apr Total
In-house 1.52 1.53 3.05
Irrigation 3.51 0 3.51
Equestrian 0.48 0.48 0.96
Total 5.51 2.01 7.52
-4-
• •
17. Applicant is the owner of, and shall cause to
be committed for augmentation purposes hereunder, five
(5) shares of the capital stock of the Park Ditch and Reservoir
Company. Historically, each share of stock has entitled
the owner to an annual average yield of approximately 2.4
acre-feet of water in storage in the Consolidated Reservoir
and 31.44 acre-feet of water under the direct flow water
rights adjudicated to the Park Ditch.
18. Applicant's 5 shares of stock in the Park Ditch
have historically been used to irrigate approximately thirty-
two (32) acres of alfalfa and native hay meadow. Under
irrigation practices typical of the area, the average con-
sumptive use per acre has been 1.5 acre-feet per year,
or a total of 48 acre-feet for the Applicant's five (5)
shares.
19. The location of the thirty-two (32) acre tract
historically irrigated as set forth above is generally
described as being in the South Half (S2) of Section 14,
Township 7 South, Range 88 West of the 6th P.M.
20. This Plan for Augmentation will make 48 acre-feet
of water available to Cattle Creek each year to replace
depletions from the wells, thereby permitting Applicant
to divert through the wells during periods when the wells
could not legally divert under their own decreed priorities,
without causing injury to other water rights. Applicant
will consumptively use a maximum of 5.51 acre-feet of water
per year through said wells during the period May through
October, when the wells are expected to be unable to divert
water under their own decreed priorities. Therefore, 42.49
acre-feet of consumptive use per year will be available
to the Applicant by virtue of the 5 shares for additional
use.
21. The operational schedule of this plan for augmenta-
tion shall be as follows:
-5-
• •
A. Water required for augmentation purposes
hereunder will be diverted through the Park Ditch
in accordance with the provisions herein.
B. During the months November through April,
inclusive, the Applicant is expected to be entitled
to divert sufficient quantities of water under the
wells' own 1979 water rights, and augmentation of
such diversions shall not be required.
C. During the months May through October, inclu-
sive, Applicant shall cause to be released through
the Park Ditch 5.51 acre-feet of water, 3.39 acre-feet
during the months of May, June and July by virtue of
the Applicant's interest in the water rights decreed
to the Park Ditch, and 2.12 acre-feet during the months
of August, September and October by virtue of Appli-
cant's interest in the water right decreed to the
Consolidated Reservoir, through an augmentation sta-
tion to be constructed by Applicant with the approval
of the Division Engineer and Objector Union Oil Company,
to be operated by the Park Ditch Company. Said releases
shall be made at such times and in such amounts as
are directed by the Division Engineer.
D. Applicant shall permanently remove from irri-
gation the 32 acres of land historically irrigated
by the 5 shares of Park Ditch stock.
22. The Park Ditch water rights may be changed from
irrigation use purposes to domestic, irrigation, augmentation,
exchange and all other beneficial purposes for use herein
without injuriously affecting any owner of or person entitled
to use vested water rights or decreed conditional water
rights.
23. If the Plan for Augmentation is operated and
administered in accordance with the above -detailed description,
it will have the effect of replacing water in Cattle Creek
and its successor streams at the time and place and in
the amounts of the depletions caused by the development's
• •
use of water. As a result, the underground water to be
diverted by the wells set forth in Paragraph 11, supra,
which would otherwise be considered as fully appropriated
and unavailable for use, will now be available for appropria-
tion without adversely affecting any owner of or person
entitled to use vested water rights or conditionally decreed
water rights on Cattle Creek, its tributaries or successor
streams.
24. All current and subsequent purchasers of CLDC
and Agreement Property as hereinabove described will be
bound by the terms of the decree in this matter, and the
decree shall be filed of record in Garfield County and
thereby constitute a covenant running with the land. The
deed restrictions and restrictive covenants running with
the property involved herein shall allow the use of water
only as set forth in this plan for augmentation and shall
prohibit all other uses.
25. The Court finds that by the imposition of the
conditions set forth in these findings, wells for the described
purposes only may be constructed and utilized without adversely
affecting any vested water rights or decreed conditional
water rights on Cattle Creek, its tributaries, or successor
streams, and that, by the institution of the plan for augmenta-
tion and change of water rights herein approved, CLDC,
owners of the Agreement Property, their purchasers, successors
or assigns may secure permits for use and such wells or
other structures without adversely affecting any vested
water rights on Cattle Creek, its tributaries or successor
streams and without the necessity of administering or curtail-
ing the withdrawal of water therefrom, so long as the condi-
tions of this decree are met. It is specifically found
that this plan for augmentation, based upon the average
historic consumptive use of 48 acre-feet from the five
shares of Park Ditch Company stock which is the subject
hereof, will prevent injury to other water rights as a
-7-
• •
result of the diversions of water to supply the 72 lots,
however no plan for augmentation for other properties or
structures utilizing the 42.44 acre-feet of excess historic
consumptive use is determined or decreed hereby.
26. The statements contained in the Application filed
in Case No. 79CW97, as modified herein, are true.
27. The wells to be augmented pursuant to the Plan
of Augmentation are tributary to Cattle Creek, a tributary
of the Roaring Fork River.
II. CONCLUSIONS OF LAW
28. The plan for augmentation and change of water
rights set forth herein is one contemplated by law. The
Applicant is entitled to a decree approving the Plan for
Augmentation and Change of Water Rights set forth above.
29. The change of water rights and operation of the
Plan for Augmentation involved herein will cause unappropriated
water to be available for the Applicant to divert through
the water rights to be augmented as set forth in Paragraph
11, supra; the availability of unappropriated water to
the stream will permit diversions through said structures
without injuriously affecting owners of or persons entitled
to use water under vested water rights or decreed conditional
water rights, including Objectors herein, provided said
structures are operated in accordance with the Plan for
Augmentation and Change of Water Rights herein involved.
30. The Park Ditch water rights utilized pursuant
to this Plan for Augmentation shall not be deemed abandoned
pursuant to the commitment of said shares in the Plan for
Augmentation involved herein.
31. This decree constitutes a portion of the law
required to be enforced by the State Engineer and Division
Engineer within the meaning of C.R.S. 1973, 37-92-202(2),
37-92-301 and 37-92-501(1). The State Engineer may lawfully
be required under the terms of this decree to administer
the Plan for Augmentation in the manner set forth herein
-8-
• •
and not to curtail diversions, in times of shortage, through
said structures, the depletions for which are compensated
by the operation of the Plan for Augmentation and Change
of Water Rights herein approved. The Division Engineer
may lawfully curtail diversions through said structures
included herein if they or other features of this Plan
for Augmentation are being operated or used in violation
of the terms of this decree.
III. JUDGMENT AND DECREE
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED:
1. The aforementioned Findings of Fact and Conclusions
of Law are hereby fully incorporated into this Decree.
2. Applicant's Plan for Augmentation and Change
of Water Rights, as set forth above, are hereby approved,
and it is hereby ORDERED that the stuctures herein involved
may be operated in accordance with this Decree, without
State administrative curtailment for the benefit of senior
appropriations, so long as the terms and conditions herein
set forth are fully adhered to throughout the operation
of this Plan for Augmentation, and that the State Engineer
shall issue permits for the wells, pursuant to C.R.S. 1973,
Section 37-90-137, subject to the conditions that said
wells shall be equipped with totalizing flow meters, shall
be operated only in accordance with the Plan for Augmentation
decreed herein, and diversions shall be curtailed through
said structures included herein if they or other features
of this Plan for Augmentation are being operated or used
in violation of the terms of this decree. This plan for
augmentation shall not become effective, and no well permit
shall be issued based upon it nor shall existing wells
be protected by it, until all structures and devices required
by this decree have been constructed and are operating.
3. Applicant, its successors and assigns, shall
be permitted to continue to utilize the subject five shares
of stock in the Park Ditch Company for irrigation in the
-9-
• •
historic manner until such time as well permits for the
72 single family residences are applied for and Applicant,
its successors or assigns, desires to put to use the 42.49
acre-feet of additional historic consumptive use determined
to be available hereby. Applicant, at the direction of
the Division Engineer, will terminate the historic irrigation
of 32 acres at such times and to such extent as are neces-
sary to limit the consumption of water from the subject
five shares for all purposes including the subject wells
to no more than 48 acre-feet per year.
4. It is hereby ORDERED that a copy of this Decree
shall be filed with the State Engineer and Division Engineer
for Water Division No. 5
Dated this day of , 1980.
Water Referee
Water Division No. 5
It being found that no protest was filed herein, the
foregoing ruling is hereby confirmed and approved, and
is made the Judgment and Decree of this Court.
Dated this day of , 1980.
Water Judge
Water Division No. 5
Approved as to form and substance:
MUSICK, WILLIAM
L EAV ENWORTH-
(Attorneys f
By
Jos
By
N, SCHWARTZ,
,._...P.C.
liaant)
a-
A. Cope
Ken.. L. 'atric
MOSES, WI
(Attorne
By
By
912
ER, HARRISON & WOODRUFF, P.C.
Union Oil Com..n of, California)
M ' ray W. t e�{i, ry'f0026
-10-
IN THE DISTRICT COURT In AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
CASE NO. 79__CW a _
IN THE MATTER OF THE )
APPLICATION FOR WATER )
RIGHTS OF THE )
CARBONDALE LAND DEVELOPMENT )
CORPORATION )
IN THE ROARING FORK RIVER )
)
AND ITS TRIBUTARIES ) ORDER OF RE-REFERRAL
)
TRIBUTARY INVOLVED: CATTLE )
CREEK
)
IN GARFIELD COUNTY. )
)
It appearing from the records and files herein that the above
entitled case was re-referred to the Court by the Referee on
July 31, 1979 , by reason of the fact that a statement
of opposition had been filed by
Colorado River Water Conservation District
Union Oil Company of California
and that thereafter, on or about Apriel 15 1980
said statementso£ opposition was conditionally withdrawn,
and consent :decree filed
accordingly;
IT IS ORDERED that the above entitled matter be again referred
to the Water Referee for a ruling to be made pursuant to the
provisions of C.R.S. (1973) 37-92--302(41), and that the time within
which the Referee shall make a ruling is hereby extended to
Done in Chambers in the City of Glenwood Springs
Colorado, this 2.24 day of April , 19 80 �_
• •
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
IN THE MATTER OF THE APPLICATION .)
FOR WATER RIGHTS IN THE FOLLOWING)
CASES: )
W-4005, W-4006, 79CW40, 7967 )
79Cw202, 79CW242, 79CW24 , )
79CW244, 79CW245, 79CW246, )
79CW247, 79CW248, 79CW248, )
79Cw367, 79Cw368. )
MOTION FOR EXTENSION
OF TIME
.Comes now the Water Referee, pursuant to the
provisions of 37.92.-303 (1) , C.R. S. 1973, and moves the
Court for an order extending the time within which the
Referee's ruling must be made, and in support thereof
represents
1. That unless extended• the Water Referee's
ruling must be made on or before June 30, 1980,
and that an extension of time until August 31 19"0
is required to properly prepare the same.
2. Said extension is needed for the following
reasons The Rr,feree has green unable to complete the on-site
investigations necessary for some of the applications. In
other cases the Referee has requested additional information
from the applicant.
Dated this clay of
Wa Referee
War Division No. 5
19 ea-:).
IN THE DISTRICT COURT IN AN1) FOR
WATER DIVISION NO. 5
STATE OF COLORADO
IN TIP.: NATTER OF THE APPLICATION • .)
FOR WATER RIGHTS IN THE FOLLOWING)
CASES: )
)
W--4005, W_'4085, 791140, 79Cw97, )
79CW202, 79Ccr242, 79cW243, )
790W244, 79C1045, 79C11246, )
79CW247, 79M24g, 790W248, )
79CW.357, 79=1368. )
)
)
)
)
)
ORDER EKTENDT_NG TIME
In reference to the above matter the Water
Referee has requested an extension of time from
June 30, 1980 to August 3�„ 198,0
to make his ruling on said applications; and the
Court_ having considered said request, finds that good
cause has been shown, and accordingly, pursuant to the
provisions of 37--92-303 (1),. C.R.S. 1973,
IT IS ORDERED that the Water Referee should be
and is hereby granted an extension of time until
Auo.ust 31,.,_._jlla , within which to make his. ruling
on the above: -entitled applications.
3/
Dated this / day of v , 19g
BY THE COURT:
Wate Judge
IN THE DISTRICT COURT IN AND FOR
'„AT ER DIVISION NO. 5
.TE OF COLORAEO
CASE NO.lik. 79e&) 9-7
The Referee and the Division Engineer,
?dater Division No. 5, met in conference on the
hd
2 day ofi UL y , 19,80 , to
discuss the above entitled Application for Water
Right .
As a result of the conference, the
Referee and the Division Engineer concur in the
opinion that the statements in the application
are true,
17,00ito vA L
and that this application for -r ----
/D
'''* will have no adverse effect on
existing water rights.
BY THE REFEREE:
r t
lM r Referee
':eater Division No. 5
State of Colorado
The above and Foregoing was (delivered) (:rr +i:
to the Division En-ineer in Water Division No.,this
514, day of �_�,•. 9 .
03. Ic*"--
Water Clerk
• •
No protest was filed in this atter, and accordingly the
foregoing ruling is confirmed and approved, and is made the Judgment
and Decree of this court; provided, however, that the approval of
this change of water right and Plan for .Augmentation shall be subject
to reconsideration by the Water Judge on the question of injurty to the
vested rights• of others during any hearing commencing in the. 2.(6.)6
calendar years succeeding the year in which this decision is rendered.
• •
EDWARD JOHNSON
0555 Cactus Flats Road
Carbondale, Colorado 81623
(970) 963-4022
August 6, 2002
Susan C. Kirk
0525 Cactus Flats Road
Carbondale, CO 81623
Re: Request for Garfield County Subdivision Exemption
0555 Cactus Flats Road Property
Dear Susan:
In May, 1999, Janell and I received approval from Garfield County for a special use permit
to construct an accessory dwelling unit on our 0555 Cactus Flats Road property for our son Chris
and his wife Andrea. Following the approval from the County, we constructed the accessory
dwelling unit, and Chris and Andrea have lived in the home since that time.
During the presentation to the Garfield County Planning Department and the Board of
Commissioners in 1999, we represented that our intent was to eventually subdivide our lot to provide
real property ownership for Chris and Andrea. The construction of the accessory dwelling unit was
completed with the goal of an eventual lot split in mind. We have now decided to proceed with an
application to subdivide the Cactus Flats property into two (2) parcels as planned.
The purpose of this letter is to inform you of our intention to subdivide the property, and to
request any comments you may have as an adjacent landowner and neighbor. In addition, we would
like to proceed with an application for subdivision exemption in Garfield county, which is less
complicated and less expensive to complete than a full subdivision review. We have determined that
the Cactus Flats property would likely be eligible for a subdivision exemption review based on the
provisions of the Garfield County Zoning Resolution of 1978, as amended, and discussions with the
Garfield County Planning Department staff.
Garfield County is more likely to permit our application to proceed as a subdivision
exemption with your consent. You will still be notified of the proceedings and permitted to
participate as an adjacent landowner and resident of Garfield County. We hope you would also feel
comfortable discussing any concerns about the application with us at any time. If you do not object
to our proceeding with a subdivision exemption application, please sign the following statement
below.
• •
Thank you for your time, and please contact me if you have any questions.
Sincerely,
Edward Jo ' son
I am the owner of real property located at 0525 Cactus Flats Road, Carbondale, Colorado
81623. As the owner of such property, I consent to Edward and Janell Johnson's filing of an
application for subdivision exemption in Garfield County to subdivide their property located at 0555
Cactus Flats Road into two (2) parcels. I may elect to participate in the proceedings, and this consent
is only to permit the Johnsons to proceed under the subdivision exemption procedures instead of full
subdivision review by Garfield County.
3//8/.2 Go z— ,ZR(///dW
Date
Susan C. Kirk
2
•
EDWARD JOHNSON
0555 Cactus Flats Road
Carbondale, Colorado 81623
(970) 963-4022
August 6, 2002
Paul A. Harris
Mia M. Miller
0540 Cactus Flats Road
Carbondale, CO 81623
Re: Request for Garfield County Subdivision Exemption
0555 Cactus Flats Road Property
Dear Paul and Mia:
In May, 1999, Janell and I received approval from Garfield County for a special use permit
to construct an accessory dwelling unit on our 0555 Cactus Flats Road property for our son Chris
and his wife Andrea. Following the approval from the County, we constructed the accessory
dwelling unit, and Chris and Andrea have lived in the home since that time.
During the presentation to the Garfield County Planning Department and the Board of
Commissioners in 1999, we represented that our intent was to eventually subdivide our lot to provide
real property ownership for Chris and Andrea. The construction of the accessory dwelling unit was
completed with the goal of an eventual lot split in mind. We have now decided to proceed with an
application to subdivide the Cactus Flats property into two (2) parcels as planned.
The purpose of this letter is to inform you of our intention to subdivide the property, and to
request any comments you may have as an adjacent landowner and neighbor. In addition, we would
like to proceed with an application for subdivision exemption in Garfield county, which is less
complicated and less expensive to complete than a full subdivision review. We have determined that
the Cactus Flats property would likely be eligible for a subdivision exemption review based on the
provisions of the Garfield County Zoning Resolution of 1978, as amended, and discussions with the
Garfield County Planning Department staff.
Garfield County is more likely to permit our application to proceed as a subdivision
exemption with your consent. You will still be notified of the proceedings and permitted to
participate as an adjacent landowner and resident of Garfield County. We hope you would also feel
comfortable discussing any concerns about the application with us at any time. If you do not object
to our proceeding with a subdivision exemption application, please sign the following statement
below.
•
Thank you for your time, and please contact me if you have any questions.
Sincerely,
Edward Joh on
We are the owners of real property located at 0540 Cactus Flats Road, Carbondale, Colorado
81623. As the owners of such property, we consent to Edward and Janell Johnson's filing of an
application for subdivision exemption in Garfield County to subdivide their property located at 0555
Cactus Flats Road into two (2) parcels. We may elect to participate in the proceedings, and this
consent is only to permit the Johnsons to proceed under the subdivision exemption procedures
instead of full subdivision review by Garfield County. 'f
Date
(0 O Z-'
Paul A. Harris
/41
4(A:01(14
ate Mia M. Miller
2
• •
I O: Greg Hall
FROM: Fred Jarman
RE: Example Well Sharing Agreement
DATE: April 23, 2003
Garfield County
BUILDING & PLANNING DEPARTMENT
Greg,
As promised, here is an example of a well sharing agreement. This document should provide you
with appropriate language regarding the well issues between two parties, but it is actually structured,
in part, for a subdivision and not an Exemption. You do not need to include the HOA incorporation
language (paragraph 12) as it is not required with an Exemption.
Hope this helps.
Fred
r 7/4
/he - 544/4/
C
4e v A
rid /4"1-
7
1.
n %~ k74"3
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
• •
Tamara Pregl
rage 1 01 1
From: Steve Anthony
Sent: Monday, June 09, 2003 5:10 PM
To: Tamara Pregl
Subject: Johnson exemption plat
Hi Tamara
In response to your memo of 6/4/2003 the submitted inventory and weed management plan is acceptable.
Let me know if you need anything else thanks
Steve
6/10/2003
05/30/2003 15:02 9709636113 •
PRIMA PLANT SERVIr PAGE 01
Mita Nut Sei111.05.Inc
90 Arlian Road Carbondale, Co. 81623
Phone ! FAX (970) 963-6113
primaostkoopris.net
Chris and Andi Johnson
565 Cactus Flats
Carbondale. Co. 81623
FAX 963-4019
RE: Noxious Weeds
Dear Chris and And,
May 30, 2003
Based on my visit to your property on 5/28, I have the following comments
regarding your noxious weed situation_ the only noxious weeds I found
(and pointed out to you) listed by Garfield County were burdock (1 plant),
houndstongue (1 plant), and canada thistle (on approximately 1,000
square feet of disturbed soil below the driveway). Attached is a sketch of
the property and weed locations.
!recommend hand cutting/pulling the few young burdock and
houndstongue you might encounter. The canada thistle should be
controlled chemically (sprayed) at least twice per season. As there is no
other vegetation in the disturbed are where the thistle are, you could use
a "Round -Up" (glyphosate) product on the small thistle plants. At such
time that grass seed becomes established, you need to switch to a
selective (broadleaf only) herbicide so the grasses won't be killed. I do
not recommend digging any weeds on your property, as this further
disturbs the soil and may lead to additional weed encroachment.
Also, planting vigorous competitive grasses on any current or future
disturbed areas will help reduce weed problems. This will mean irrigating
seeded areas for a couple of seasons whiie the grasses become
established. Other weedy plants to consider cutting on a regular basis
are: flix weed, cheat grass, tumble weed, tumble mustard, and western
sticktight.
Please contact me is you have any questions regarding this information, or
if you wish to hire Prima Plant Services tor the canada thistle spraying.
Sincerely,
Kim John
n
Colorado Department of Agriculture Licensed Pesticide Applicator
MemDer cf tfe international Society of Armor tture — t'<oc#cy Mountain Chapter
And the Colorado Association of Lawn Care Professionals
05/30/2003 15:02
87096361e
PRIMA PLANT SERA .ES
•.
•
�'.W• Ac.
741,114.rtievw6414.
PAGE 02
May 30 03 02:34p
May 30, 2003
Chris Johnson
ATTN: Chris
Samuelson Pump Co, Inc. 970-,-9448 p.1
..e9.
.80
On May 28, 2003, a well test was conducted on a well at 555 Cactus Hats Road. The
following information was obtained;
Casing Size 7 x S
Standing water level ----207' — 5.5"
Total test time -4 Hours
-224' — 9.5'
15.78 GPM
Drawdown to
Production is
This test was conducted with existing Pump_ The well recovered back to 209' A" in 28
Minutes. If you have any questions please call me, Raun Samuelson at 970-945-6309.
Sincerely;
Raun E Samuelson
Samuelson Pump Co.
F.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448
Water S yst^t ns 0 Soles. Serv1!Ce &
�.rt 17�t
ti
WATER WELL SHARING AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into on this ' day of
, 2003, by and between Edward Johnson and Janell Johnson, whose address is 555
Cactus ts Road, Carbondale, Colorado 81623, the owners of real property described as Lot 1
and Lot 2, Johnson Subdivision Exemption, Garfield County Colorado. Lot 1 and Lot 2 are
collectively referred to as the "Lots."
WHEREAS, each of the parties and their successors in interest are to be the joint owners
of a water well constructed under Colorado Division of Water Resources Well Permit No.
125572 and shall be joint owners of the water well and casing as constructed and installed and of
the water to be diverted by said well system for providing domestic and livestock water for all
permitted uses under Case No. 79CW97, Water Division No. 5, on the respective properties of
the parties; and
WHEREAS, the well and casing and pump shall be utilized by said owners as a lawful
water right; and
WHEREAS, the water well and system required is drilled and completed and will require
continuing maintenance and operation, the costs of which must be borne by the owners and users
thereof; and
WHEREAS, the well permit contemplates perpetual, though not constant, use and
operation of the well, pump, and the appurtenant structures; and
WHEREAS, said owners as parties hereto desire to enter into this Agreement for the
purpose of clarifying respective rights and duties and establishing easements and procedures for
jointly operating the water well and delivering water to the properties of the owners, for
providing a method for equitably dividing the water derived from operation of the system, and
for equitably allocating the shared payment of costs of operation and maintenance of the water
well and its pump and other structures by all of the parties.
NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants
set forth herein, and the due performance thereof, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, including but not limited to the
acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as
follows:
1. Each of the respective owners of the Lots shall be deemed to own an undivided
one-half (1/2) share of the subject well permit, well, pump, fittings at the well head, meters
(whether existing now or to be installed at a later time), pump house, foot valves, and any pipes
or pipelines and any other structures which are jointly used.
2. No owners of the Lots are deemed to have any ownership right in and to any pipe,
pipeline or other structure used or required solely by the owner of another of the Lots which may
utilize any portion of the water flowing from this water well and its structures. This Agreement
does not intend to relate to such individually owned or used rights or structures. Nothing in this
Agreement shall be construed to give any party any rights to such non -shared property of other
parties nor to obligate any party to pay any costs associated with non -shared structures.
3. The parties shall cooperate with each other at all times in all matters necessary to
promote the proper construction, completion and functioning and use of the water system in such
manner as to provide to their respective uses an optimum water supply on demand al all times
possible based upon the natural availability of water. The parties agree to not waste water and to
endeavor to use no more than their respective shares of the available water. Waste or over -use
shall be deemed to be a material breach of this Agreement for which the non -defaulting party
may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise
agreed by each owner, no owner of one of the Lots shall use more than one-half (1/2) of the
water legally allocated to the well (i.e. 7.5 g.p.m.). In the event the water physically available
from the well is less than the legally available amount, then each owner shall proportionately
reduce the consumption of same to one-half (1/2) the amount actually available. In no event
shall the well be pumped at a rate exceeding the permitted amount. Any household use of the
well water must provide for return flow through an individual sewage disposal system of the
non -evaporative type, returning the water to the watershed in which the well is located.
4. The actual and continuing costs of operation, maintenance, extension, upgrading,
cleaning, repairing and all other work required on shared components of this water system to
cause the water at the well to become and remain available to deliver water to the parties shall be
shared by the parties in proportion to their share in the well. This Agreement shall relate only to
costs incurred after the date hereof. Electrical charges for the operation of the well and charges
for Carbondale Land Development Company augmentation water shall be shared equally.
5. Subject to the provisions in paragraph 4, above, any party who has been using
water from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement, and similar requirements which are necessary to maintain the water
well and deliver the subject water, shall not receive water from the system. At such time as said
electing party chooses to resume use of water from the system said party may do so upon
reimbursement to the other user the full cost of said party's share of such expenditures with legal
interest retroactive to the expenditure date.
6. The owners agree to cooperate in the future maintenance, operation, repair,
replacement or improvement of all common facilities. In the event the owners are unable to
agree on 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 an owner determines
to undertake such work unilaterally, such owner shall notify the other owner in writing. The
owner undertaking the work shall, upon completion, provide the other owner with a written
2
• r
statement of work performed and the other owner's proportionate share of the cost of same. In
the event an owner fails to pay the proportionate share of any amount due within thirty (30) days
after presentment, the owner which has paid such cost and expense shall be entitled to pursue any
remedy available at law or in equity for a breach. The court, in its discretion, may award to the
prevailing party court costs and attorney's fees incurred.
7. - Edward Johnson and Janell Johnson hereby grant and dedicate a permanent, non-
exclusive easement across that portion of Lot 2, Johnson Subdivision Exemption, designated on
the final plat thereof, as necessary and sufficient for this Agreement to be performed for the =
benefit of the respective owners of Lots 1 and 2, as users of the shared well, pump, and common
pipeline and treatment system, and also grants a non-exclusive easement for non -shared or
individual pipelines conveying water to the respective Lots over and across the easement. A
legal description of the easement is attached hereto as Exhibit A and incorporated herein by this
reference.
8. Each party agrees to not interfere at any time with the proper use by any other
party of its interest in any water structure and shall indemnify and hold harmless all other parties
and users from any loss or damage or injury caused by the acts of said indemnifying party.
9. The term hereof shall be perpetual.
10. This Agreement shall be binding upon and inure to the benefit of the parties, their
assignees or successors, and the easements and covenants granted or agreed to herein shall be
deemed to run with the land and shall encumber the land of each party for the benefit of the
properties of the parties as described herein.
11. The laws of the State of Colorado shall govern the validity, effect and
construction of this Agreement.
12. This Agreement contains the entire agreement among the parties and may not be
modified in any manner except by an instrument in writing signed by the owners of each of the
Lots.
[signatures and notary on next page]
3
above.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated
Edward Jo n
ne_ Johnson
STATE OF COLO' • DO
COUNTY OF
) ss.
The foregoing instrument was acknowledged before me on this% day of
, 2003, by Edward Johnson and Janell Johnson.
fitness my hand and official seal.
My commission expires: 3. I..3' 6 44
MY COMMISSION EXPIRES
03/13/2004
4
Notary Public
•
EXHIBIT A
LEGAL DESCRIPTION — WELL AND WATERLINE EASEMENT
A 20 foot wide well and water line easement situated in the SE1/4SW1/4 of
Section 11, Township 7 South, Range 88 West of the 6th Principal Meridian,
Garfield County, Colorado, and Tying 10 feet on each side of the following
described centerline:
Beginning at a point whence an aluminum cap found in place and properly
marked for the S1/4 of said Section 11 bears S 31°38'06"E 457.84 feet; thence N
41°26'21"E 79.25 feet; thence N 30°14'46"E 222.77 feet; thence N 17°33'40"W
74.18 feet.
RECEIVED
JUN 0 2 2003
GARFIELD COUNTY
BUILDING & PLANNING
Robert M. Noone
Gregory J. Hall
Ruben M. Hernandez
Of Counsel
James H Delman
• •
NOONE & HALL, P.C.
ATTORNEYS ,,V1' LAW
The Tamarack Building, 1001 Grand Avenue, Suite 207
P.O. Drawer 39, Glenwood Springs, Colorado 81602
June 2, 2003
Tamara Pregl, Senior Planner
Garfield County Building & Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: 0555 Cactus Flats Road, Carbondale, Colorado
Johnson Subdivision Exemption Application
Dear Tamara:
Telephone: 970-945-4500
Facsimile: 970-945-5570
Toll Free: 800-813-1559
E -Mail: gjh@noonelaw.com
Via Hand Delivery
As we discussed, enclosed are the final submittal documents for the above -referenced
subdivision exemption approved by the Board of Commissioners on May 12, 2003. The documents
address remaining requirements and issues as identified in the May 12, 2003 letter from Fred Jarman
in your department.
The enclosed items include:
1. The final plat signed and notarized (as applicable) by the Applicants' surveyor, the
Applicants/Property Owners, and the certifying attorney. The plat has been modified
to include a description of the well and water line easement benefitting Lot 1, and
incorporates the plat notes described in paragraph 9 of Mr. Jarman's letter;
2. A noxious weeds map and management plan prepared by Kim Johnson of Prima Plant
Services, Inc.;
3. A Water Well Sharing and Maintenance Agreement executed by the Applicants to be
recorded immediately preceding the recordation of the plat;
4. A check in the amount of $200.00 for the applicable School Site Acquisition Fee; and
5. A well test performed by Samuelson Pump Co., Inc. on May 28, 2003.
• •
Tamara Pregl
June 2, 2003
Page 2
We would appreciate your immediate attention to this matter, as the Johnsons are awaiting
recordation of the final plat to finalize closing of a new loan on the property. Thank you in advance
for your assistance in this matter, and please feel free to call me if you have any questions or concerns.
Very truly yours,
NOONE & HALL, P.C.
Bv:
GJH/jp
Enclosures
cc: Edward and Janell Johnson
Chris and Andrea Johnson
JOHN C. KEPI4ART & CO.
CLOD J1ThCTIEJ!' LAPORATORIFS
435 NORTH AVENUR • 1*NOND: (070) 242-7418 • rAx: 1070) 243-723s 4 GRAND JUNCTION, Cve oPIAD0
Received from:
— ANALYTICAL REPORT —
ChriR Johnson
565 Cactus Flats
Carbondale, CO 81623
970-963.1990, 704-1E191, FAX 970-963-4019
2471
wait I2r-
Cpeitomer Na. Laboratory No.
Sample
Date Received b/9/t!3 f,111/GS
Dale Reported
Samp 1 ra 2471 Limit for.
Water 619/07 Public Water- Suppplies,
Col orada Derpt _ of Heal t h
Nitrate(N) 4.733 mg/1 10 mg/1
Nitrite(N) 0.00 mg:/1 1 mg/1
Total Coliform Bacteria 0 col / 100m1 must be aero
Dirottor-z D. Bauer
IO
• •
INTEROFFICE MEMORANDUM
To: Fred Jarman, Building and Planning Department
From: Scott Aibner — Garfield County Surveyor
Subject: Johnson Subdivision Exemption Plat - Review
Date: 6/25/03
Dear Fred,
Upon review of the Johnson Subdivision Exemption Plat, I have prepared a list of
comments or corrections to be made prior to approval for survey content and form.
Please refer to the enclosed redlined copy of the plat.
1. All property corners found or set and type are to be labeled on the plat.
2. Curve information on Cactus flats road should pertain to the subject property
only. Curve no. 3 goes beyond the boundary line. Also, a tie is needed to the
intersection of the centerline and the boundary.
3. A certificate of dedication is not valid on an exemption plat as the board of
county commissioners certificate does not endorse dedications for exemption
plats.
Separate property descriptions are required for both lots as well as the access and
utility and waterline easements shown on the plat. See condition no. 4 from fred
Jarman of Garfield County Building and Planning dated may 12, 2003.
4. Mylar plats for filing should be an original from the plotter so as not to lose
readability after reproduction.
Sincerely,
c
1
cott Aibner
As Garfield County Surveyor
cc Sidney Lincicome — Lines in Space
• •
MEMORANDUM
TO: The Board of County Commissioners on "Consent Agenda"
FROM: Building and Planning Department, FAJ
DATE: July 7, 2003
RE: Johnson Exemption Resolution and Exemption Plat
Background / Request
As you are aware, the board approved an Exemption from the Definition of Subdivision for Edward
and Janell Johnson on May 5, 2003 with conditions. This approval effectively subdivided a 11.66
acre tract into two (2) tracts of approximately 4.6 and 6.9 acres each in the Missouri Heights area. At
present, Staff finds the Applicant has satisfied all the conditions required by the Board.
Staff Recommendation
Staff recommends the Chairman of the Board sigh both the Resolution memorializing the action
taken by the Board as well as the Exemption Plat.