HomeMy WebLinkAbout2.0 BOCC Staff Report 01.02.1996• •.
BOCC 1/2/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANTS: Jack Evans, Jr. & Billie Burchfield -Evans
LOCATION: A tract of land located in Section 3, T7S,
R95W and Section 4, T7S, R95W of the 6th
P.M.; approximately three (3) miles east of
Parachute on Morrisania Mesa.
SITE DATA: � $Acres
WATER: Well
SEWER: Individual Sewage Disposal Systems
ACCESS: Access from CR 301; easements
EXISTING/ADJACENT ZONING: A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located within District A - Parachute Urban Area of Influence and District C
- Rural Areas/Minor Environmental Constraints as designated by the Garfield County
Comprehensive Plan's Management Districts Map.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on Morrisania Mesa, over -looking the
Colorado River and the Roan Cliffs, approximately three (3) miles east of Parachute.
The tract slopes gently from south to north and two deeply dissected perennial stream
canyons form the eastern and western borders. Vegetation generally consists of
grasses and sage with some pinion and juniper scattered throughout the tract. Large
pieces of basaltic rock are also scattered across the tract. See vicinity map, page
B. Adjacent Land Uses: It appears the primary land use in the vicinity of this proposal
is agriculture as a number of fields and pastures exist adjacent to and near the
property in question.
C. Proposal: The petitioner proposes to divide, by exemption, the 48.25 acre tract into
three (3) parcels of 10.3, 19.0 and 19.0 acres each. Subject to the granting of this
exemption request, it appears the petitioners would then sell the entire acreage to
another party, ultimately to be developed into at least one (1) single family homesite.
Staff assumes that, e ntually, all parcels would be developed into homesites. See
sketch map, page
•
• •
I11. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "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, and
is 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) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in 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;"
Deeds submitted with the application show the subject propert as existing in an
undivided state as of August, 1970. See deeds on pages %...P.. 70-: Therefore, it
appears this request is in compliance with section 8:52 of th8 Subdivision Regulations.
PP
B. Zoning: The subject tract lies within the A/R/RD zone district, which mandates a
minimum lot size of two (2) acres. All proposed lots are in excess of this minimum
requirement.
C. Water: The applicants have applied for an exempt, domestic well permit from the
State Engineer's Office that would allow a water t ply for up to three (3) single-
family homes. See permit application, page/To i . The applicants are proposing
a shared well system and will be required to draft a well -use agreement as well as
wellhead and water supply line easements and have these easements legally recorded.
Furthermore, these easements must be 20 feet, radially, around the wellhead and 10
feet on either side of the water supply line. Subject to approval of this request, the
applicants intend to convert their exempt, domestic well permit into three (3),
household use only well permits. This arrangement appears to be perfectly legal;
however, it can be construed as circumventing the County's position on determining
injury to senior water rights holders and there is no guarantee of the physical quality,
quantity and/or dependability [Section 8:52 (D); Subdivision Regulations] of the
water produced by the domestic well which has been applied for or the individual,
household use only wells.
Staff recommends that, as a condition of approval, at a minimum, the exempt,
domestic well be drilled and tested to determine whether this well is capable of
meeting the requirements of Section 8:52 (D). In the past, these requirements have
been based on the assumption of 3.5 people/du, using 100 gallons of water/day.
Furthermore, the applicant will be required to submit documentation proving an
adequate, physical supply of domestic water either by : (1) having a 24 hour pump
test performed by a licensed well driller, on the well that would be shared, and a
statement, in the driller's professional opinion, stating that this well is adequate to be
used as specified by the applicants; or (2) having a professional engineer, registered
in the State of Colorado, and a qualified hydrologist establish a water supply plan for
the proposed, exempt parcels. This will be done prior to the signing of an exemption
plat.
D. Sewer: The applicant proposes individual sewage disposal systems (ISDS) for the
lots to be created. According to the Soil Conservation Service, there are two (2)
chief classifications of soil on-site) The first is the Ildefonso stony loam complex and
the second is the Potts loam complex. Both soils are considered deep and well -
drained with moderate permeability rates.rBoth soil types carry moderate to severe
ratings for building site development and use of ISDS, generally because of the
presence o.(large stones. Staff recommends a plat note be included to address these
limitations.
E. Access: The property in question would be accessed from an easement from CR 301,
north of its intersection with CR 310. It appears this easement has already been
• •
granted; however, no Book and Page information has been submitted for review.
Staff recommends that the County adopt a position that this easement will be
maintained solely by the applicants or future owners of property accessed by this
easement, as it could be construed as a logical extension of County Road 310,
perhaps subjecting the County to the expenses of maintaining the easement. See
easement on pages
Fire Protection: It appears the applicant has discussed fire protection issues with the
Grand Valley Fire Protection District, who has made certain recommendations
concerning fire breaks, access and a water supply for fire fighting purposes; however,
no letter of approval from said District has been submitted with the application. Staff
recommends any conditional approval be contingent on receiving a letter of approval
from the Fire Protection District. Additionally, staff recommends a plat note be
included to address wildfire mitigation.
G. School Impact Fees: The applicant will be required to pay the $200 school impact fee
for each lot created.
Easements: All required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2.
That the meeting 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.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for water supply, setbacks, drainage, irrigation, access
or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. Extensions of up to one (I)
year, from the date of original approval, may be granted by the Board.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the
creation of all exemption parcels.
5. That, if the lots are to have individual wells, the applicant receive an approved well
permit from the State Engineer's Office, for each lot to be created, prior to the signing
of an exemption plat or, if the water supply is to be shared, then the applicant shall
receive an approved, domestic well permit from the State Engineer's Office and shall
draft a legal water sharing agreement. Additionally, if the shared well is used, the
exemption plat shall legally describe a 20 foot radial access/repair/maintenance
easement around the well and a 10 foot centerline easement for he water supply line.
• •
6. That, if the water supply is to be shared, the applicant shall demonstrate that an
adequate supply in terms of quantity, quality and dependability exists for the lots to
be created. This shall be accomplished, at the expense of the applicant, by the
submittal of an opinion by the licensed well driller who completed and tested the well
or by a review of the physical information concerning the well by a competent
hydrologist. This information will be submitted to the Planning Department prior to
the approval of an exemption plat.
A n p ,lfw w /47�� /ry
7. That the following plat notes be included:
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
The access easement located north of County Road 310 shall be maintained by the
owners of property accessed from said easement.
The control of noxious weeds shall be the responsibility of the landowner.
9. That the applicant shall receive written approval by the Grand Valley Fire Protection
District and shall adhere to the recommendations made by said district. A copy of this
written approval will be supplied to the Planning Department prior to final plat.
10. The applicant shall receive any necessary driveway permits from the County Road and
Bridge Department, prior to signing of an exemption plat. If a driveway permit(s) is
not necessary, the applicant will supply a letter from Road and Bridge to the Planning
Department indicating that no permits are required.
1 1 . Excavation permits from County Road and Bridge, shall be necessary if the water
supply line for the shared well system will necessitate the disturbance of a County
Road.
12.
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410E483717 B-954 P-465 9/95 04:08P PG 1 OF 2 C
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00
DOC NOT
7.00
THIS DEED , Made this day of September 28, 1995
between
HUGH PFOOT AND JENNIE E. PFOOT ESTATE TRUST
of the
County of and State of
Colorado, of the first part, and
JACK T. EVANS, JR. AND BTT•T.TE G. BURCHFIELD—EVANS
FILING STAMP
whose legal address is 48 MORNING BI'AR t*UVE
PARACHUTE, CX) 81635
of the County of GARFIELD and State of Colorado, of the second part:
WITNESSETH, That the said party of the first pert, for and in consideration of the sum of (****$70,000.00)
SEVENTY THOUSAND DOLLARS AND 00/100THS
and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and
assigns forever, not in tenancy in common but in joint t�eno�ncyj1 all the following described lot or parcel of land,
lying and being in the County of lsfUit'-IELD and State of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
also known as street number 'VACANT LAND
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of
the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs
and assigns, that at the time of the ensealing and delivery of these presents. he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever•
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1995 AND SUBS TE YEARB AND
SUBSEICT TO EASEKENI`8, RESERVATIONS, REBIRIcTICINS, ouvEmxgrB AND RIGi3T8 OF WkY OF
REC CPD, IF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The
singular number shall include the plural, the plural the singular, end the use of any gender shall be applicable to all
genders.
iN WITNESS WHEREOF, the said party of the first part has hereunto set his hand end seal the day and year first above
written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO
County of
GARFIELD S s .
The foregoing instrument was acknowledged before me this day of841ptaalbar 28, 1995
by MANN ALLEN WWI', TRUSTEE FOP HUGH PFOST AND JENNIE E. PF08T FeTATE TRUST
(SEAL)
Fi[X UDF'QQT AND JE2 4IE E. PFOF ESTATE TRUST
^\
__ (SEAL)
My commission expires ) Z 2;3/76
,,.Witnes9'my.,hand and offi ial seal.
(SEAL)
Form WDJT WARRANTY Di ED - To Joint Tenants
OW220178.220118 G6V220178
ACK T. EVANS, JR AND
ILLIE G. BURCHFIELD-EVANS
... II ACK
STAR DRIVE
,PARACHUTE, CO 81635
J
N
WARRANTY DEED
H� /41705//�
THIS DEED, made this ,G -`,_1 -2 -day of 4/cri-e, 1970, between
Hugh Pfost and Jennie E. Pfost, Grantors, of the County of Adams
of the City of Sterling,
and State of Colorado, and Leonard Pfost
County of Loudoun, State of Virginia, as
vocably give and convey to the Trustee,
Trustee. Grantors irre-
his successors, and
the
beneficiaries under the Trust Agreement of Hugh Pfost and Jennie E.
Pfost dated 22 , 1970, all the following described parcels of
land, situate, lying and being in the County of Garfield and State
of Colorado, as more fully described in the attached.
Together with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said Grantors, either
iri law or equity, of, in and to the above conveyed premises, with
the hereditaments and appurtenances and water and mineral rights.
To have and to hold IN TRUST NEVERTHELESS, for the
fourteen grandchildren of the Grantors.
In witness whereof, the Grantors have set their hands
and seals this 4j -day
�
day of -J..e , 1970.
STATE OF COLORADO
COUNTY OF ADAMS
ss.
The foregoin instrument was acknowledged before me this
2 Z day of , A.D. 1970, by Hugh Pfost and Jennie E. Pfost.
My commission expires
Witness
My Commission ex irr;
my hand and official seal.
'..•/17 B-954 P-466 01/95 04:08P PG 2 OF 2
EXHIBIT A
ALL OF THE NW1/4 OF THE NW1/4 OF SECTION 10 AND A PORTION OF
THE SW1/4 OF THE NW1/4 OF SECTION 10, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1316.52 FEET BEARING S. 89 DEGREES 19' 35" E. TO A
BROKEN, CHISELED LAVA STONE WITIH A SCRIBED "X" ON THE NORTH
SIDE AND "1/16" SCRIBED ON THE SOUTH SIDE, AS DEPICTED ON THE
MORRISANIA MESA MAP AND ACCEPTED AS THE NE CORNER OF THE
NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1320.42 FEET BEARING S. 00 DEGREES 02' 30" W. TO THE
SOUTHEAST CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 250.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 456.00 FEET BEARING S. 00 DEGREES 02' 30" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 169.00 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 360.71 FEET BEARING N. 47 DEGREES 56' 42" W. TO A
REBAR AND CAP L.S. 5933;
THENCE 217.00 FEET BEARING N. 00 DEGREES 02' 30" E. TO A
REBAR AND CAP L.S. 5933;
THENCE 631.76 FEET BEARING N. 89 DEGREES 26' 34" W. TO A
BRASS CAP FOUND WITH NO INSCRIPTION --ASSUMED TO BE THE SW
CORNER OF THE NW1/4 OF THE NW1/4 OF SECTION 10;
THENCE 1323.07 FEET BEARING N. 00 DEGREES 08' 23" E. TO THE
POINT OF BEGINNING, ALL IN SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
TOGETHE WITH l
THE NE1/4 OF THE SE1,4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE
95 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO TOGETHER WITH:
THE WEST HALF OF THE NW1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EXCEPT 9 ACRES, MORE OR LESS, CONVEYED TO WILLARD
EAMES BY DEED DATED SEPTEMBER 6, 1941, (SHERIFF'S DEED FILED
FOR RECORD SEPTEMBER 6, 1963 IN BOOK 352 AT PAGE 524 AS
RECEPTION NO. 222695) AND SAID PROPERTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT FOUND AND PROPERLY MARKED
FOR THE SECTION CORNER OF SECTIONS 3, 4, 9 AND 10;
THENCE 1279.77 FEET BEARING N. 00 DEGREES 13' 33" W. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE SW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3, BEING THE POINT OF
BEGINNING;
THENCE 1280.84 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
SW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1292.10 FEET BEARING N. 00 DEGREES 11' 05" W. TO THE
NW CORNER OF THE NE1/4 OF THE SE1/4 OF SECTION 4;
THENCE 1290.37 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
BRASS CAP MONUMENT FOUND AND PROPERLY MARKED AS THE NW CORNER
OF THE NW1/4 OF THE SW1/4 OF SECTION 3;
THENCE 76.46 FEET BEARING S. 88 DEGREES 53' 12" E. TO A
REBAR AND CAP L.S. 5933;
THENCE DUE SOUTH 75.00 FEET;
THENCE 1338.98 FEET BEARING S. 25 DEGREES 20' 47" E. ALONG
THE WESTERLY LINE OF SAID 9 ACRES CONVEYED TO WILLARD EAMES
TO A REBAR AND CAP L.S. 5933;
THENCE 658.25 FEET BEARING N. 89 DEGREES 25' 16" W. TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
Book 352
Page 526
•
Tracts 5, 6, 7, 11, 12, 23, 24, 25, 55, and the East
3 acres of Tract 29, and those portions of Tracts 28
and 29 not previously conveyed by the Morrisania Fruit
and Land Company, all according to the recorded plat
of MORRISANIA RANCH, t ogether with 124 shares of
the capital stock of the Morrisania Water Supply Company
and together with all other water and ditch rights belong-
ing with or appertaining to the above lands, or any part
thereof, together with the right to construct a cistern in
the Southeast corner of Tract No. 2 , and
place
la epipe sai
d
d er-
ground to Tract No. 25, and the rightofpassage
tcistern at any time and all times.
All of the Northwest Quarter of theN�l1elwest Nortl�Quarter and
west Quarter
that part of the Southwest Quarter of
described as follows: Beginning at a point 687 feet West
of its Northeast corner; thence South 217 feet; thence South-
easterly 363 feet to a point 419 feet West of the East line
of said Southwest Quarter of the Northwest Quarter and
456 feet South of the North line of said Southwest Quarter
of the Northwest Quarter; thence East 169 feet to a point
on the West line of the Willard Eames land 250 feet West
of the East line of said Southwest Quarter of the Northwest .
Quarter; thence North to the North line of said Southwest
Quarter of the Northwest Quarter;
thence West to the point
of beginning, said part containing about 3 3/4 acres, all
in Section 10, Township 7 South, Range 95 West of the Sixth
Principal Meridian.
The Northeast Quarter of the Southeast Quarter of Section
4, Township 7 South, Range 05 West of the Sixth Principal
Meridian.
The West Half of the Northwest Quarter of the Southwest
Quarter of Section 3, Township 7 South, Range 95 West of
the Sixth Principal Meridian, EXCEPT about 9 acres con-
veyed to Willard Eames by deed dated September 6, 1941,
and described as beginning at the Southwest corner of the
East Half of the Northwest Quarter of the Southwest Quarter
of said Section 3; thence a little West of North to a point
in the bottom of the gch about 25 75 feet South ofttheest of a North linege of theing,
which is located about
Southwest Quarter of said Section 3; thence due North to the
North line of said Southwest Quarter; thence East to the
Northwest corner of said East Half of the Northwest Quarter
of the Southwest Quarter; thence South to the point of beginning,
together with the right to have the overflow and drainage
from_said spring follow its present natural course down said
gulch, as was reserved by said deed to Willard Eames, to-
gether with all water and ditch rights belonging with or
appertaining to all of the above said lands, or any part thereof,
X
This description is attachedotio
from Hugh Pfost and Jennie E. P
Trnctop . dated 2? , rrre , 1970.
fltms a part of the Warranty Deed
oi:, Grantors, to Leonard Pfost,
N
Page 1 of One Page
SCHEDULE B
Beneficiaries
The Hugh Pfost and Jennie E. Pfost Trust has been
created for the benefit of the Grantors' fourteen grandchildren
listed below:
Susan Joyce (Pfost) Kravig,
Norman Wesley Pfost, Box 77, Karval, Colorado 80823
Jerry Richard Pfost, Box 77, Karval, Colorado 80823
Thomas Dewey Pfost, Box 77, Karval, Colorado 80823
Jack Leonard Pfost, Box 77, Karval, Colorado 80823
Douglas Marc Pfost, Box 77, Karval, Colorado 80823
(The above six children are the children of Jean
Wesley Pfost, the deceased son of the Grantors.)
Cathy Ann Pfost, 2520 G3/8 Road, Route No, 5, Grand
Junction, Colorado 81501
Allen Lee Pfost, 2520 G3/8 Road, Route No. 5, Grand
Junction, Colorado 81501
(The above two children are the children of Glenn
Allen Pfost, son of the Grantors.)
Stephen Wayne Metcalf, 96 Everett Drive, Security,
Colorado 80911
Dwight Glenn Metcalf, 2552 West Cheery Lynn, Phoenix,
Arizona 85017
Ronald Gail Metcalf, 1580 South Kirkwood Road,
Westward Motel, St. Louis, Missouri 63127
Rebecca Louise (Metcalf) Emerick, 198 Shore Road,
Old Greenwich, Connecticut 06870
(The above four children are the children of Eileen
Adelaide (Pfost) Metcalf, daughter of the Grantors.)
Laura Ellen Pfost, 701 South Birch Street, Sterling,
Virginia 22170
Martin Leonard Pfost, 701 South Birch Street, Sterling,
Virginia 22170
(The above two children are the children of Leonard
Pfost, son of the Grantors.)
1: ' it- 'L C C ' 6.-f,‘(
� 1:1 `�)E (Lt
SrArE OF COLORADO
COUNTY OF
)
AFFIDAVIT
(`or Property of Trust)
Glenn Allen Pfost
upon oath deposes) and say(s):
•
, of lawful age, being first duly sworn,
1. Affiants) is/are (one or the) trustees of the hereinafter named
trust and as such has/have authority to execute and to record this affidavit,
2 " Hugh Pfost and Jennie_. Pfost Estate Trust
15 the mule of a4lrust 1-1l11Ci' r �ra� acquire, convey, encumber, Q
deal pith interests in real property in said name, s Se, dn3�otherWiSe
3. The names and addresses of all the trustees who are represented
by such name are:
NAME
__Tenn_ A��en Pfost_� _
ADDRESS
_2520 G 3/8 Road, Grand Junction
Colorado 81506
4. Any 'one 6cboaxmbaftaxemx4 of the above-named trustees or any of
the following other persons or entities may convey, encumber, lease or otherwise
deal with any interest in property acquired or held in the name of said trust:
5. This affidavit is executed and recorded pursuant tothe _Ql�,o,�i s.i,onS.
or Title 36, Article 30, Section 165 of Colorado.Revised Stjtutes,'.19,��,-'a�sarnerided.
Gtenrl.._8.1.11Pr1 ,Pfnt
Ai't rant s
1'3
Subs5I'i
and sworn to bef re me this
My Convriiss ion expires;
,c/,-/- yy
day of
WITNESS MY HAND AND OFFICIAL SEAL
ii
Not y Pub is
'N.1 -S -Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
CIIIVRADO DIVISION OF WATER RESO•ES
818 allffennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUND WATER
1 X) A PERMIT TO CONSTRUCT A WELL
FOR: ( ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( )OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME Jack T. Evans Jr.
STREET 48 Morning Star Dr.
CITY Parachute, CO 81635
(State) (Zip)
TELEPHONE NO. (970) 285-9104 or 945-8818
(2) LOCATION OF PROPOSED WELL
County Garfield
NE 1/4 of the SE '/3, Section 4
Twp. 7
S Rng 95 W, 6th P M.
(N.S)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15
Average annual amount of ground water 1
to be appropriated (acre-feet):
Number of acres to be irrigated: 1
Proposed total depth (feet): 120-150
Aquifer ground water is to be obtained from:
Alluvium Tributary to Colorado River
Owner's well designation Evans -Rill Well
GROUND WATER TO BE USED FOR:
( I HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
( X) OTHER (9)Exempt- 37-92-6(17 (1) Lb) CRS.
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name Licensed
Street
City
(State) (Zip)
Telephone No Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY
(STATE ENGINEER)
I.0 COUNTY
(5) THE LOCATION OF THE. POSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ - -{- - -F- - } - +- - - f - - -1-- -- -
NORTH
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11 MILE, 5280 FEET
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The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
ft. from sec. line
(north or south)
ft from sec. line
(east or west)
LOT BLOCK FILING *
SUBDIVISION
(7) TRACT QN WHICH WELL WILL BE
LOCATED Owner: Jack & 'Billie Evan
No. of acres 48.25 Will this be
the only well on this tract? YeS
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in. from 0 ft. to 50 ft
in from ft to ft
Perforated casing
6 in. from 50 ft to 150 ft
in from
ft to ft
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.
(9) FOR REPLACEMENT WELLS give distance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Jack T. Evans Jr. & Billie Burchfield -Evans
Legal description• NESE 4 of Section 4, and West? of NW;SW 4
No. of acres: 48.25
of Sec. 3, Twp.7 So., R.951
(11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic Tank and Leech field will comply with State and County
Standards.
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
None
Used for (purpose)
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.,
ATUR E OF APPL IC
7( LC!
Jac Evans Jr. and.Itillie G. Burchfield -Evans
Use additional sheets of paper if more space is required.
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NORTH SECTION LINE
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The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines.
ft. from sec. line
(north or south)
ft from sec. line
(east or west)
LOT BLOCK FILING *
SUBDIVISION
(7) TRACT QN WHICH WELL WILL BE
LOCATED Owner: Jack & 'Billie Evan
No. of acres 48.25 Will this be
the only well on this tract? YeS
(8) PROPOSED CASING PROGRAM
Plain Casing
6 in. from 0 ft. to 50 ft
in from ft to ft
Perforated casing
6 in. from 50 ft to 150 ft
in from
ft to ft
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.
(9) FOR REPLACEMENT WELLS give distance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Jack T. Evans Jr. & Billie Burchfield -Evans
Legal description• NESE 4 of Section 4, and West? of NW;SW 4
No. of acres: 48.25
of Sec. 3, Twp.7 So., R.951
(11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic Tank and Leech field will comply with State and County
Standards.
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
None
Used for (purpose)
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.,
ATUR E OF APPL IC
7( LC!
Jac Evans Jr. and.Itillie G. Burchfield -Evans
Use additional sheets of paper if more space is required.
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0
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into as of the day
of , 1995 by and between Glenn Pfost as Trustee
under the Trust Agreement of Hugh Pfost, and Jennie E. Pfost, dated
August 22, 1970, hereinafter referred to as "Pfost" and Barton R.
Libby, Byron E. Libby, Gwynne M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, Leslie R. Libby and Olive J. Libby, Trustees of
the Leslie R. and Jewell P. Libby Family Trust, by Leslie R. Libby,
thereunto duly authorized, and as attorney-in-fact for the
foregoing, hereinafter collectively referred to as "Libby."
WITNESSETH
Pfost is the owner of the NW1/4 of NW1/4 of Section 10, and a
portion of the NW1/4 of SW1/4 of Sec. 3, and Libby is the owner of
a three-fourths interest in the SW1/4 of the SW1/4 of Sec. 3,
Township 7 South, Range 95 West of the 6th Principal Meridian,
Garfield County, Colorado. See Exhibit A hereto and by this
reference made a part hereof.
Pfost desires easements, as hereinafter described across
Libby's above described property and Libby desires easements across
Pfost's above described property, for roads and utilities.
Libby also desires the right to change the easement granted to
Pfost for road purposes in the future at Libby's discretion.
NOW THEREFORE, in consideration of this agreement and the
granting of the easements hereinafter set forth, it is agreed as
follows:
1. Pfost hereby grants and conveys to Libby non-exclusive
easements for utilities and for a road as follows:
a. Utility easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to the NE corner of the NW1/4 of the NW1/4 of Sec. 10.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West, of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the NW1/4 of the NW1/4 of
Sec.10, said point of beginning being situate at the
intersection of Garfield County roads 301 and 310; the
easterly line of said easement running thence
northeasterly along and with the east line of said parcel
to a curve of convenience (Chord Length 59.24 feet,
Bearing N44* 38' 33" W, Radius 42.12 feet, Delta Angle
89* 22' 05"); thence along the curve left 65.70 feet;
thence westerly along and with the north line of said
parcel a distance of 473.23 feet;
2. Libby hereby grants and conveys to Pfost non-exclusive
easements for utilities and for a road, as follows:
a. Utility easement. A 25 foot -wide easement situate
on the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Commencing at the SE corner of the SW1/4 of the SW1/4 of
Sec. 3, the easterly line of this portion of said
easement running thence northeasterly along and with the
east line of said parcel to the NE corner of said parcel;
thence west with the northerly line of this portion of
said easement along and with the north line of said
parcel approximately 1,187 feet to where said easement
intersects with the dirt extant road on said parcel.
b. Road easement. A 25 foot -wide easement situate on
the Morrisania Mesa, Township 7 South, Range 95 West of the 6th
Principal Meridian, Garfield County, Colorado, being more
particularly described as follows:
Following an extant dirt road through a portion of the
Libby property, which is the SW1/4 of the SW1/4 of Sec.
3, to a portion of the Pfost property, which is that part
of the west half of the NW1/4 of the SW1/4 that was not
previously conveyed to Willard Eames, said property all
lying in Sec. 3. The aforementioned extant dirt road is
more particularly described as follows;
Beginning at the intersection of said road with the north
line of the NW1/4 of the NW1/4 of Sec. 10, about 540 feet
from the NE corner of said parcel, and being the PC of a
curve; the easterly line of said easement running thence
along the curve right 257.93 feet (Chord Length 233.27
feet, Bearing N45* 17' 31" W, Radius 167.80 feet, Delta
Angle 88* 04' 09"); thence N1* 15' 26" W 213.01 feet to
the PC of a curve; thence along the curve left 188.98
feet (Chord Length 187.15 feet, Bearing N15* 24' 35" W,
Radius 391.76 feet, Delta Angle 27* 38' 17") ; thence N28*
53' 43" W 373.77 feet to the PC of a curve; thence along
the curve left 526.37 feet (Chord Length 525.59 feet,
Bearing N34' 19' 03" W, Radius 2781.13 feet, Delta Angle
10 50' 39") to the above mentioned west half of the
NW1/4 of the SW1/4 of Sec. 3, a total distance of 1560.06
feet.
3. It is understood and agreed that Libby has the right to
change the road easement granted to Pfost to correspond with the
utility easements granted to Libby in paragraph 1.a and granted to
Pfost in paragraph 2.a, hereinafter referred to as the "alternate
road easement." It is agreed that the road easement granted to
Pfost in paragraph 2.b shall be deemed terminated at such time as
Libby has completed a road of equal or better quality on the
alternate road easement.
4. The easements granted and conveyed herein shall survive
forever to the respective grantees their assigns, heirs and
successors, in accordance with the above provisions.
5. Libby and Pfost respectively for themselves, their heirs,
successors and assigns represent and warrant at the time of the
granting of the above easements they were the owners in fee simple
(Libby's ownership is an undivided 3/4 interest) of the respective
properties conveyed and have the right to grant, bargain, sell and
convey said easements, and that the same are free and clear of
liens and encumbrances of every kind and nature.
6. The parties hereto recognize that the 1/4 interest in the
Libby property previously held by Leona Marshall Libby, deceased,
now appears of record as being owned by John Marshall and Peter
Marshall, as Executors of the estate of Leona Marshall Libby. The
whereabouts of the owner(s) of said one-fourth interest is not
known. Libby agrees to diligently attempt to locate the owner(s)
of said 1/4 interest and to obtain said owners signature approving
and agreeing to be bound by the terms, agreements and provisions of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Easement Agreement effective as of the date and year first above
written.
Glenn Pfost, as Trustee of Leslie R. Libby for Barton R.
the Hugh and Jennie E. Pfost Libby, Byron E. Libby, Gwynne
Trust M. Libby (now Gwynne M. Hixon),
Evelyn O. Edwards, as their
attorney-in-fact, and as the
Trustee of the Leslie R. and
Jewell P. Libby Family Trust
- 3 -
Acknowledgement on following page.
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EXHIBIT A 'PO PFOS'r/ LIBBY •
• EASEMENT AGREEMENT
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