HomeMy WebLinkAbout1.0 ApplicationBEFORE THE B•ARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PF"I'ITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield C. unty, Colora o, dopted April 23, 1984 Section 2:20.49,
respectfully petition
the undersigned
the Board of ounty Commissioners of Garfield County, Colorado, to exempt by Resolution
/
the division of qtr V 1
�acre tract of land into d tracts of approximately _
` _`'ki./ acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
Efda CALu,k a).-(4)-1,12 tztde
0-6 • 020.049-44,4-4/ Kr -of
SUBMITTAL REQUIREMENTS: /417MA-436XL-ell) -
An application which satisfies the review criteria must be submitted with all the following
inforn1ation:
B.
C.
D.
E.
F.
G.
aPr
I.
Sketch map at a minimum scale of 1 "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
Vicinity map at a minimum scale of 1"7--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 maybe used.
Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
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; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
Narrative explaining why exemption is being requested; and
Il 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.
A $300.00 fee must be submitted with the ap. ication.
/
Petitioner
/‘,7 q -1q5-Aa-c6r-eaati
Mailing Address
City State
7 a -- /
Telephone Number
• •
EX FM PTI ON
APPLICABILITY
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 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
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision 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, 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, 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;
B. All Garfield County zoning requirements will be met; and
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; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been mel or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
I I. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of Development/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
• •
B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. 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 shall follow the subdivision procedure in these regulations.
lk
• •
A PARCEL OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 25, TOWNSHIP 5
SOUTH, RANGE 91 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; THENCE S.
00 DEGREES 02' 00" E. ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 25
2614.85 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 25, AN
ALUMINUM CAP, L.S. NO. 14060, IN PLACE; THENCE CONTINUING ALONG SAID
NORTH -SOUTH CENTER LINE S. 00 DEGREES 07' 56" W. 688.97 FEET TO A POINT IN THE
CENTER LINE OF EAST ELK CREEK, THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID CENTER LINE CONTINUING ALONG SAID NORTH -SOUTH CENTER LINE
S. 00 DEGREES 07' 56" W. 634.63 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER
OF SAID SECTION 25, BEING AN ALUMINUM CAP IN PLACE, STAMPED L.S. NO. 19598;
THENCE S. 87 DEGREES 39' 48" W. ALONG THE SOUTHERLY LINE OF SAID NE1/4SW1/4
1289.73 FEET TO THE SOUTHWEST SIXTEENTH CORNER; THENCE N. 00 DEGREES 59'
16" W. ALONG THE WESTERLY LINE OF SAID NE1/4SW1/4 1357.89 FEET TO THE WEST -
CENTER SIXTEENTH CORNER OF SAID SECTION 25, AN ALUMINUM CAP, STAMPED
L.S. NO 19598, IN PLACE; THENCE N. 89 DEGREES 11' 40" E ALONG THE NORTHERLY
LINE OF SAID NE 1/4SW1/4 885.52 FEET TO A POINT IN THE CENTER LINE OF EAST ELK
CREEK; THENCE LEAVING SAID NORTHERLY LINE, THE FOLLOWING FOURTEEN
COURSES ALONG SAID CENTER LINE:
1. S. 16 DEGREES 05' 17" W. 21.66 FEET
2. S. 13 DEGREES 14' 14" E. 30.58 FEET
3. S. 25 DEGREES 26' 06" E. 90.89 FEET
4. S. 36 DEGREES 55' 44" E. 41.03 FEET
5. S. 41 DEGREES 22' 37" E. 132.25 FEET
6. S. 25 DEGREES 50' 16" E. 91.40 FEET
7. S. 12 DEGREES 26' 42" E. 38.27 FEET
8. S. 09 DEGREES 34' 03" W. 33.77 FEET
9. S. 04 DEGREES 04' 51" E. 26.05 FEET
10. S. 21 DEGREES 32' 19" E. 28.86 FEET
11. S. 56 DEGREES 11' 23" E. 49.55 FEET
12. S. 46 DEGREES 59' 32" E. 55.81 FEET
13 S. 37 DEGREES 51' 07" E 30.90 FEET
14. S. 44 DEGREES 27' 43" E. 171.51 FEET
TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 36.109
ACRES, MORE OR LESS
23-2
OROBERT C. OR BARBARA L. EANES TRUI6-82 020253
1679 COUNTY ROAD 245 PH. 984-2441 125354413416
NEW CASTLE, CO 81647
PAY TO TE /
ORDER 1 .....011......011.' ,/ • ...Geer
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MEMeI d'_
i:10200002 LI: L253SO, L34L6090L7
Ir�w�r
COLORADO DIVISION OF WA1 k RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
RE RESIDENTIAL
•
FEB 0 8 1996
Water WeII Pettiflifik$
Ofictiiian
Review instructions prior to completing form Must be completed in black ink or typed
1. APPLICANT INFORMATION
6. USE OF WELL (check appropriate entry or entries)
Name of applicant
P c T^ o r t C. E i n e s & Barbara L. Fares
ID A. Ordinary household purposes in up to 3
single-family dwellings, the watering of
domestic animals, and the irrigation of not more
than one (1) acre of home gardens and lawns
al B. Livestock watering (on farm/ranch/range/pasture)
Mailing Address
1679 County 90 a c, 21'5
City
New Castle
State
CO
Zip code
81647
Telephone Number (include area code)
(970) 9 6 4- 2 4 4 7
7. WELL DATA
MAXIMUM PRODUCTION RATE OF THE WELL
SHALL NOT EXCEED 15 GPM
2. TYPE OF APPLICATION
ICONSTRUCT A NEW WELL ON A TRACT OF
LAND OF 35 ACRES OR MORE
8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
■ Septic tank / absorption (each field
■- Central system
District name:
3. REFER TO (if applicable):
• Vault
Location sewage to be hauled to:
Monitoring hole acknowledgment #
MH r/
• Other (attach copy of engineering design)
4. LOCATION OF WELL
County
G a r f 1 e l c'
Quarter/quarter
NE 1 /4
Quarter
S r^7 1 /4
9. PROPOSED WELL DRILLER (optional)
Name
C +/c'.e e(ci L . e I -15, 6J/ 77 - 7 t '
License number
Section
2 5
Township N or S
5 ❑ MI
Range E or W
91 0 Q
Principal Meridian
6 -t.'",.
10. SIGNATURE of applicant(s) or authorized agent
Distance of well from section lines
? 5 Q 5 ft. from En N • S 2? 5 0 ft. from • E El w
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read
the statements herein, know the contents thereof and state
that t y are true to my knowledge.
Well location address, if different from applicant address (if applicable)
N / A
5. TRACT ON WHICH WELL WILL BE LOCATED
a nginJ.u,_. V r
ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT
0 Development
Name
Title -r �/
�'l��
Date
2/8/g6
Office Use Only
DWR Map No.
�'
,,``yp
stn eY 1SIc`
�+ 'AA q
. '3� i�� DIV
-c"1
Lot no. Unit #
1 Other
SEE ATTACT=FT)
t. tl
coO..CCvtn.,V
B. STATE PARCEL
ID# (optional):..2 3 `-2/1..5 `.2 S"_ -- 00 — 4 7
WD
C. # acres in tract
76.109
BA
D.
THIS WILL BE THE ONLY WELL ON THIS TRACT
USE MD
Form GWS -50 (12/95)
COLORADO DIVISION OF WATER RES CES
DEPARTMENT OF NATURAL RESOURC
•
GWS -50 FMIP ,
35 + ACRE RESIDENTIAL - GENERAL INSTRUCTIONS
There are a variety of uses for ground water in Colorado. This form (GWS -50) is to be used only when applying for
a permit for a NEW well that will be used for household use in up to three single family residences, watering of up to
one acre of home gardens and lawns, and watering of the owner's domestic animals (sometimes referred to as
"DOMESTIC" use), and/or for the watering of livestock on a farm, ranch, range, or pasture. This form is to be used
only if the well will be the only well on your tract of land of 35 acres or more.
This form should not be used in the following cases:
HOUSEHOLD USE ONLY - Use form GWS -49
REPLACEMENT of a residential or livestock well - Use form GWS -44
FEES This Application must be submitted with the required $60 non-refundable filing fee.
Checks should be payable to the COLORADO DIVISION OF WATER RESOURCES.
Applications are evaluated in chronological order. Please allow approximately six weeks tor processing.
APPLICATIONS must be completed clearly, and leaibly, in BLACK INK or typed. ALL ITEMS in the application must
be completed. Incomplete applications may be returned to the applicant for more information. Do not change or alter
the application in any way.
THE LOCATION of the well in item 4 must be correctly and accurately described. The county, quarter/quarter, section,
township, range, principal meridian, and distance from section lines must be provided.
NOTE: Distances are not necessarily the same distances as the distances from (your) property lines.
For additional assistance in describing the location of your well, review the publication entitled "How
to Determine Well Locations" which was provided with your packet, or can be requested from any
Colorado Division of Water Resource office.
A LEGAL DESCRIPTION or survey plat of your lot or parcel of land is reouired in item 5.
An ORIGINAL signature must be on each application. The applicant's authorized agent may sign the application, if a
letter sinned by the applicant is submitted with the application authorizing them to act as agent for the purpose of
obtaining a well permit.
IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources
Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in
Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood
Springs (970-945-5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845).
DETAILED INSTRUCTIONS ARE AVAILABLE UPON REQUEST
COLORADO DIVISION OF WATER RESOURCES, 1313 SHERMAN STREET, ROOM 821, DENVER, CO 80203
PHONE 303-866-3587 (Information), 303-866-3581 (Main), 303-866-3447 (Well & Water Rights Records), 303-866-3589 (Fax)
SEO-WTR DIV 5
Date: c
TEL:303-945-5665 Apr 10 96 10:27 No.003 P.06
4 •
I ECEi '13
KR 1
WATER ►:cjotAicES
STATE EIX;INF.ER
MO
Division of Water Resources
Attn: Ground Water Section
1313 Sherman St Room 818
Denver CO 80203
RE: Request for Permit # 112299 Amendment
Dear Sir:
We want to amend our well permit #112299 to be used for up to 3 single-family
homes and to be used for household and watering of lawn and -garden and some horses,
and the well on this permit is on 40 acres. We are going before the Board to divide our
40 acres, one 36 acres more or less, and. one 4 -acres more or Iess. This well is located
on the 4 -acre tract that will be created.
We are responding to Policy Memorandum 93-4 dated 12/22/1993 and signed by
Hal Simpson, State Engineer.
We have also applied for a new well permit (Pending Receipt No. 396309) for
the 36 acre -tract that will be created, for use in up to 3 single family dwellings,
watering of domestic animals, and irrigation of not more than 1 acre of home gardens
and lawns, as outlined on the "New 35+ acre residential" application form.
We would appreciate your prompt attention to this matter. Thank you in
advance.
Sincerely,
Robert C. Lanes and Barbara L. Eanes
1679 County Road 245
New Castle CO 81647
Phone: (970) 984-2447
Board
Ross Talbott -Chairman
William Montover
Sean Mello
Cary Schroeder
Gordon Wilzke
•
Silt -New Castle Volunteer F.P.D.
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chief
July 12, 1995
To Whom it May Corcern;
This is to confirm that the property owned by Bob Eanes at1679
County Rd. 245 is within Burning Mountains Fire District.
We do provide fire protection for same.
Tha k You,
Donald L Zo%-del
District Cheif
WELL -SHARING AGREEMENT
THIS AGREEMENT is made and entered this day of , 199 , by and
between Robert C. Eanes and Barbara L. Eanes, Trustees under the Common Revocable Trust
Agreement of Robert C. Eanes and Barbara L. Eanes dated February 20, 1995 (hereinafter
"Developer") and (hereinafter "Buyer");
WITNESSETH
WHEREAS, Developer is the owner of certain property located in Garfield County,
Colorado, described as the NE1/4SW1/4 of Section 25, Township 5 South, Range 91 West of the
6th P.M., and Developer has received approval from Garfield County to create therefrom Lots A and
B as depicted on the Eanes Exemption Plat recorded , 1996 as Reception
No. in the office of the Garfield County Clerk and Recorder.
WHEREAS, a water well (hereinafter "Well") has been construction on Lot B, pursuant to
Colorado Division of Water Resources Approval No.
which will provide up to gallons per minute of water to Lots A and B for ordinary
household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for
the irrigation of not over one acre of homes, gardens and lawns on each Lot; and
WHEREAS, Buyer has entered into a contract with Developer to purchase Lot A, subject to
this Agreement;
WHEREAS, the parties by this Agreement desire to set forth their understanding concerning
the future ownership, maintenance, operation, repair, replacement, and use of the Well and
appurtenant facilities, and related matters.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Ownership of Water Right. Pursuant to Quit Claim Deed from Developer
to Buyer of even date herewith, Buyer owns an undivided one-half interest in and to the right to
withdraw water form the Well.
1
• •
2. Ownership of Appurtenant Facilities. The owners of Lots A and B shall each
own an undivided one-half interest in and to the Well, pump, meter, and associated facilities for the
withdrawal of water located at the Well. The owners of Lots A and B shall each own an undivided
one-half interest in the pipeline which delivers water from the Well to the point at which the
individual pipelines which deliver water to the residence on Lot A and the residence on Lot B
diverge. the owner of Lot A shall be the sole owner of the pipeline from the aforesaid point of
divergence to the residence to be constructed on Lot A. The owner of Lot B shall be the sole owner
of the pipeline from the aforesaid point of divergence to the residence to be located on Lot B. Buyer
shall be solely responsible for and shall promptly pay any and all costs or expenses necessary to
install a water line to serve Lot A including, but not necessarily limited to, taps, pipeline, flow
meters and any additional or increased capacity pumping equipment. Buyer hereby indemnifies
Developer against and agrees to hold Developer harmless from (i) any cost or expense of installation,
and (ii) any expense incurred by Developer due to Borrower's failure to pay such costs or expenses,
including reasonable attorney's fees.
3. Easement. Developer shall convey to buyer a nonexclusive easement 20 feet
in width for the installation, operation and maintenance of a water pipeline for the benefit of the
owners of Lot A. Buyer shall, at Buyer's sole cost and expense, have the easement surveyed and
a legal description prepared, and the parties agree to execute quit claim deeds to convey the easement
by specific description.
4. Operation, Maintenance and Repair Costs. Operation, maintenance and repair
costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water
from the well shall be shared by the owners of Lots A and B pro -rata based upon average water use.
The owners of each Lot shall be solely responsible for the costs of maintenance, operation, repair,
and replacement of any facilities used solely by that party, including individual service lines. The
owners of Lots A and B shall share equally in the cost of maintenance, repair and replacement of that
section of the pipeline which they jointly own. The parties agree to cooperate to enter into mutual
agreements for the completion and payment of the costs of any maintenance, operation, repair,
replacement, or improvement of common facilities. In the event the parties are unable to agree upon
any required maintenance, repair, replacement, or improvement, either party shall be entitled to
undertake the minimal maintenance, repair, replacement or improvement necessary and essential for
property functioning of the common facilities. In the event a party determines to undertake such
work, he shall notify the other party in writing. The party undertaking the work shall upon
completion provide the other party with a written statement of the work performed and the other
party's proportionate share of the costs.
5. Operational Costs. Each party shall install at its own expense a meter on its
individual service line to measure water use. The Lot owners shall alternate reading meters and
recording use. The monthly cost of power to operate the Well shall be divided among the owners
of Lots A and B in proportion to the amount each owner used during the preceding month.
2
• •
6. Payment of Common Expenses. The Owner of Lot B shall be responsible
for collecting each parties' share of common expenses. Each party shall pay its proportionate share
of common expenses within 10 days from the time a statement of expenses is presented for payment.
In the event a party fails to pay its share within 10 days of presentment, interest on the unpaid
amount shall accrue at 18 percent per annum, beginning 10 days after presentment. In the event a
party fails to pay any amounts due with interest thereon, within 30 days after the date of presentment
for payment, the party which has paid such costs and expenses shall be entitled to pursue any remedy
available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable
attorney's fees actually incurred to obtain and execute upon a judgment for collection.
7. Use of Water. Each party shall be entitled to use its undivided one-half
interest in the water right for any use authorized by the well permit including, but not necessarily
limited to, in-house domestic uses, watering of poultry, livestock and domestic animals, fire
protection, and irrigation of landscaping, gardens and lawns. Irrigation use shall be limited to no
more than one acre of lawn and garden on each parcel.
8. Waste. No party shall waste water, and each party shall exercise prudence
and conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
Unless otherwise agreed to among the owners of Lots A and B, no party shall use more than one-
half of the water physically available at the Well.
9. Fees. Each party shall bear its own attorneys fees incurred in the
implementation of this Agreement. However, in the event litigation is necessary to enforce the
rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be
entitled to judgment against the other party for reasonable attorneys' fees and costs of suit actually
incurred.
10. Binding Effect: Covenant to Run with Land. This Agreement shall inure to
the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators,
assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement
shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run
with the lands upon which the Well is used.
11.. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except as
expressly set forth herein. All prior and contemporaneous negotiations and understandings between
the parties are integrated and merged into this Agreement.
12. Amendment. This Agreement may be amended from time to time by the
owners of Lots A and B in written form executed in the same manner as this Agreement.
3
• •
IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first
written above.
BUYER DEVELOPER
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
Robert C. Eanes and Barbara L. Eanes
Trustees of the Common Revocable Trust
Agreement of Robert C. Eanes and Barbara L.
Eanes, dated February 20, 1995.
Acknowledged, subscribed, and sworn to before me this
by
WITNESS my hand and official seal.
My commission expires
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
day of , 1996
Notary Public
Acknowledged, subscribed, and sworn to before me this
by
WITNESS my hand and official seal.
My commission expires
4
day of , 1996
Notary Public
•MUELSON PUMP CO. INC..
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS
COLORADO 81602
Robert Eanes
1679 County Road 245
New Castle, Co. 81647
Attn; Robert
SALES, SERVICE & INSTALLATION
945-6309
July 12, 1996
On June 28, 1996 a well test was conducted on a well serving
the Eanes property at 1679 County Road 245. The following
information was obtained;
Approx well Depth 53'-0"
Cazinq size- 5
Standing water level 19'-10"
Total test t__me 4 hrs.
Max drawdown @ 15.5 gpm 20'-1/2"
Production is greater than 15.5 gpm.
This test was conducted with the existing pump and related
equipment. The pump is a 3/4 hp. submersible. The drawdown
would indicate a total production much greater than the pumping
rate of this test. This well could supply water for two homes.
If you have any questions please call me Raun Samuelson at 945-
6309.
Sincerely;
Raun Samuelson
• .
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TEST RESULTS ARE.
MEMBRANE FILTER
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• •
Eanes SB -35 4/15/96
The subject property is a 40 acre tract located 1.5 northwest of New Castle on the west side of CR
245. Main Elk and East Elk Creeks flow through the property an confluence near the southeastern
portion of the tract. Vegetation is predominantly pasture grasses which transitions to pinion and
juniper of the steeper slopes. There is an existing residence and associated agricultural buildings
generally in the northeastern portion of the tract.
Adjacent land uses are largely residential and agricultural.
The applicants are proposing to divide the 40 acre tract into two parcel of approx. 3.9 and 36.1 acres
each. It appears the smaller parcel would consist of the majority of the existing structures and staff
assumes the larger parcel would eventually be developed as a single family homesite.
The applicants are requesting this exemption based on the natural feature criteria, whereas East Elk
creek flows through the tract, physically separating the tract into distinct parcels. The proposed
division occurs along the natural feature and, in the discretion of the Board, could be considered to
prevent joint use.
It appears the applicants are proposing the use of a shared well system to serve both parcels that
would be created. There is an existing, permitted, exempt domestic well currently serving the
property, which has been amended to provide a water supply for up to three single family dwellings.
Evidently the petitioners applied to the state engineer requesting a separate well for the larger tract,
which was denied due to the state engineer's finding that a new well would injure senior water rights
holders. Staff recommends the existing well be pump -tested and meet further well criteria prior to
the authorization of an exemption plat.
The method of waste water treatment is proposed to be individual sewage disposal systems and,
according to the SCS, there are 2 general classes of soils, the Chilton channery loam and a soil known
as a Torrifluvent. When used for building site development and placement of ISD systems, the
Chilton soil is considered to have only slight constraints. Torrifluvents, on the other hand, are
associated with floodplains and the SCS gives no specific constraint information except to say that
when used for community development, an on-site investigation should be conducted.
As mentioned earlier, the designated 100 -year floodplains of East Elk and Main Elk Creeks do occur
on the applicants property. Staff recommends the inclusion of a plat note to address the limitations
caused by the floodplains.
It appears access will be along the current access easement, providing entry to CR 245. This
easement is recorded and property sees no special problems with this access as it does not appear to
restrict the volume of vehicles using it. It would be necessary to designate an access easement across
the smaller parcel to the larger parcel and record this easement prior to final approval.
The silt -new castle volunteer fire dept. has responded indicating the tract is within the district's
response area and that emergency services would continue to be provided. Staff recommends the
inclusion of a plat note to address wildfire mitigation.
All necessary easements would be required to be shown on an exemption plat, the applicant would
be required to pay the $200 school impact fee and upon adoption of county road impact fees the lots
created by this petition would be subject to the road impact fees.
If, the Board feels that east elk creek creates a sufficient impediment to joint use of the tract, then
staff recommends approval of the two proposed lots, subject to the listed conditions.
•
-
67
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47.6192 B-935 P-947 04/95 12:10P PG 1 OF 2 110 DOC NOT
MII,.DRD ALSDORF GARFIELD COUNTY CLERK AND RECORDER 10.00
BARGAI
KNOW ALL MEN BY THE
ROBERT C. EANES AND B
whose address is 1679 245
* County of
and State of Colorado
TEN DOLLARS
N AND SALE DEED
SE PRESENTS, That IK we
ARBARA L. EANES
Road, New Castle, CO 81649
Garfield
, for the consideration of
in hand paid, hereby sell(ai an
UNDER THE COMMON REVO
DATED FEBRUARY 20, 19
wk+e fegaa-trd�re & — bein
Colorado 81649
County of
the following real property sit:
and State of Colorado, to wit:
All that real proper
and made a part here
NO DOCUMENTARY FEE
TRUST FOR THE BENE
($10.00) dollars,
iconveys)to ROBERT C. EANES AND BARBARA L. EANES, TRUSTEES
ABLE TRUST AGREEMENT OF ROBERT C. EANES AND BARBARA L. EANE
95, with the principal place of administration of the Trust
g the Trustees' residence at 1679 245 Road, New Castle,
Garfield
, and State of Colorado
:ate in the County of Garfield
ty described in Legal Description attached as Exhibit "A"
pf by this reference.
REQUIRED - CONVENIENCE DEED FROM GRANTORS TO TRUSTEES OF
FIT OF THE GRANTORS
a1fto-km.rtvrr-by-street-mxtHrur ber-elt
assessor's schedule or parcel number:
with all its appurtenances.
Signed and delivered this
4-
27tn
day of
Barbara L. Eanes
STATE OF COLORADO,
County of Jefferson
March 19 95
Robert C. Eanes
The foregoing instrument was acknowledged before me this
10,...95 -;,by, Barbara L. Eanes and Robert C. Eanes.
My commission expires
'1f in Dcnvor, insert "City and".
February 26
27th day of March
, 19 96 . Witness my hand and official seal,
qtr % 2: N �
r/
Notary Public
Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.)
No. 901. Rev. 4-94. BARGAIN AND SALE DEED (Statutory Form)
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292-2500 - 8-94
Copyright 1988
0
• 47619.2 B-935 P-948 04/4/095 12:10P PG 2 OF 2
•
EXHIBIT ONE
The NEaSWa, Section 25, Township 5 South, Range 91 West of the Sixth Principal
Meridian, containing 40.08 acres, more or less.
Together with a utility easement 20 feet in width lying Southerly of the Westerly
boundary line of Garfield County Road No. 245 and being 20 feet at all points
Westerly of the East line of the SE1/4NW1/4 of said Section 25, said easement being
more particularly described as follows: Beginning at the Southeast Corner of the
SE4NW4 of said Section 25, thence S. 89°11'40" W., 10.00 feet along the Southerly
line of said SE�QNW; to a point on the centerline of said utility easement; thence
N. 00°02'00" W. 416.62 feet along said centerline to a point on the Westerly right-
of-way line of said County Road.
Together with a strip of land 20 feet in width to be used as a road access easement,
being 10 feet on each side of the following described centerline: Beginning at the
Southeast Corner of the SE4NW4 of said Section 25, thence S. 89°11'40" W., 10.00
feet along the Southerly line of said SEQNW; to a point on the centerline of said
road easement, being the true point of beginning of said centerline; thence
N. 00°02'00" W. 314.25 feet along said centerline; thence N. 37°56'07" W. 189.33 feet
along said centerline; thence N. 07°14'00" 49.00 feet along said centerline; thence
N. 19°42'00" W. 59.00 feet along said centerline; thence N. 26°25'00" W. 92.00 feet
along said centerline; thence N. 22°57'00" W. 76.00 feet along said centerline;
thence N. 37°18'00" W. 91.00 feet along said centerline; thence N. 45°36'00" W.
57.00 feet along said centerline; thence N. 18°51'00" W. 86.00 feet along said
centerline; thence N. 06°45'00" E. 82.00 feet along said centerline; thence N.
10°33'00" W. 86.00 feet along said centerline; thence N. 07°39'00" W. 97.00 feet
along said centerline; thence N. 13°50'00" W. 53.00 feet along said centerline;
thence N. 15°50'00" W. 53.00 feet along said centerline; thence N. 15°26'00" W.
84.00 feet along said centerline; thence N. 23°48'00" W. 97.00 feet along said
centerline; thence N. 10°37'00" W. 32.00 feet along said centerline to a point in
the center of an existing lane; thence N. 60°06'03" E. 62.00 feet to a point on the
Westerly right-of-way line of said County Road, whence the North Quarter corner of said
Section 25 bears: N.18°57'53" E. 1212.03 feet.
Together with all water and water rights, ditches and ditch rights appurtenant
to or used upon said real property including but not necessarily limited to
(1) a 2/23.8 share (approximately 8.5 per cent) of the 0.8 cfs out of Priority
No. 145 A awarded the Haggarty Enlargement of the Coryell Ditch, and (2) 1.00
cfs of irrigation water out of the Larson Ditch awarded in Water Case No. 331 in
Water Division'No. 5, State of Colorado. All water and ditch rights are conveyed
without covenants of title.
TOGETHER WITH an easement. for ingress and egress over the following
described parcel: A strip of land 20 feet in width to be used as a
road access easement situated in the SE1/4NW1/4 of Section 25, Township
5 South, Range 91 West of the Sixth Principal Meridian, being 10 feet on
each side of the following described centerline:
Beginning at the Southeast corner of said SE1/4NW'1/4, thence S S9°11'40"
W, 10.00 feet along the Southerly line of said SE1/4NW1/4 to a point on
said centerline; thence N 00°02'00" W, 314.25 feet along said center-
line; thence N 37°56'07" W, 189.33 feet along said centerline; thence N
07°14'00" W, 49.00 feet along said centerline; thence N 19°42'00" W,
59.00 feet along said centerline; thence N 26°25'00" W, 92.00 feet along
said centerline; thence N 22°57100" W, 76.00 feet along said centerline'.;
thence N 37°18'00" W, 91.00 feet along said centerline; thence N 45°36'00"
W,.57.00 feet along said centerline; thence N 18°51'00" W, 86.00 feet
along said centerline; thence N 60°06'03" E, 75.00 feet, more or less,
to a point on ::he Westerly right-of-way line of County Road No. 245.
Reception Nu__285G,tie
Recorded aty r.�•� ?o'clock _ N1., _
THIS I)1?ED, made this 15th day of May
19 78 ,between SIDNEY MILLER
Recorder.
'IPY 1 7 ',978 EuuK5 1 J ri.' E 32
of the County of Garfield and State of
Colorado, of the first part. and ROBERT C. EANES and
BARBARA L. EANES
whose legal address is 7325 Flower Street, Arvada, CO. 80005
IREC'ORDER•SSTAMI1 —��
STATE VOCCMEGTARY. FEE
19i),
KC¢ x3trmal:➢Cobt xxctimutxSmto::maait, of the second part:
WITNESSETH, that the said part y of the first part, fur and in consideration of the sum of 1
Ten dollars and other good and valuable consideration X}aiolL{
to the said part y 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 do es
grant, bargain, sell. convey and confirm unto the said parties of the second part. their heirs and assigns forever, not in I I
tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in ,
the County of Garfield and State of Colorado, to wit:
The parcel of land described on EXHIBIT ONE annexed hereto and incorporated
herein by this reference.
also known as street and number no street number (vacant land) .
TOGETHER with all and singular the hereditaments and appurtenances [hereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and ali the
estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or
equity, of, in and to the above btugained premises, with l tie 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 part y of the first part, for him .
self his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the timt: of the ensealing and delivery of these
presents he is well seized of the pretnises 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, 11
sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other rants, bargains. sales, hens, taxes, assessment and encumbrances of w• a er kind ar, naturesoe• er, ub ect
to building and zoning regulations; general taxes for 1J7b due and oavaq a J�nu ry
1, 1979 which parties of the second part assume and agree to pay; ITIS:.patent
reservations.of record p for recorded reservations o exceotl ns of oil gas and
of er minerals; recor ed ditch easements ano rights -or -way;' oil arta gas lese re-
corded in Book 473 at page 146 of Garfield County records;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, 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.
IN WITNESS WHEREOF the said part y of the first part ha s hereunto set his hand and
seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO
County of Garfield
(SEAL)
Sidney I• Iler
(SEAL)
(SEAL)
,ss The foregoing instrument was acknowledged before me this
;'i978by Sidney Miller.
• hSycummissionexpires 8/12/81
I\\' :' I
T .•- C i
.Jr
•
F tOCOt����I
,,, r„tttti
15th day of May
, 19 . Witness my hand and official seal.
Notary Publie.
No. 921. WARRANTY DEED To Joint Truant_ar.dfurd l'uLI,.1,,,,RCo..IR24.46 Stout Street. [h•nver.Co,ora,lo,S7.7.h•'.:1-1177
049
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EXHIBIT ONE
The NE45W4, Section 25, Township 5 South, Range 91 West of the Sixth Principal
Meridian, containing 40.08 acres, more or less.
Together with a utility casement 20 feet in width lying Southerly 4f the Westerly
boundary line of Garfield County, Road No. 245 and being 20 feet at all points
Westerly of the East line of the SEyNW of said Section 25, said easement being
more particularly described as follows: Beginning at the Southeast Corner of the
SEE.,NW; of said Section 25, thence S. 89°11'40" W., 10.00 feet along the Southerly
line of said SEJNW; to a point on the centerline of said utility easement; thence
N. 00°02'00" W. 416.62 feet along said centerline to a point on the Westerly right-
of-way line of said County Road.
Together with a strip of land 20 feet in width to be used as a road access easement,
being 10 feet on each side of the following described centerline: Beginning at the
Southeast Corner of the SE%NW of said Section 25, thence S. 89°11'40" W., 10.00
feet along the Southerly line of said SEIINW; to a point on the centerline of said
road casement, being the true point of beginning of said centerline; thence
N. 00°02'00" W. 314.25 feet along said centerline; thence N. 37°56'07" W. 189.33 feet
along said centerline; thence N. 07°14'00" 49.00 feet along said centerline; thence
N. 19°42'00" W. 59.00 feet along said centerline; thence N. 26°25'00" W. 92.00 feet
along said centerline; thence N. 22°57'00" W. 76.00 feet along said centerline;
thence N. 37°18'00" W. 91.00 feet along said centerline; thence N. 45°36'00" W.
57.00 feet along said centerline; thence N. 18°51'00" W. 86.00 feet along said
centerline; thence N. 06°45100' E. 82.00 feet along said centerline; thence N.
10°33'00" W. 86.00 feet along said centerline; thence N. 07°39'00" W. 97.00 feet
along said centerline; thence N. 13°50'00" W. 53.00 feet along said centerline;
thence N. 15°26'00" W.
84.00 feet along said centerline; thence N. 23°48'00" W. 97.00 feet along said
centerline; thence N. 10°37'00" W. 32.00 feet along said centerline to a point in
the center of an existing lane; thence N. 60°06'03" E. 62.00 feet to a point on the
Westerly right-of-way line of said County Road, whence the North Quarter corner of said
Section 25 bears: N.18°57'53" E. 1212.03 feet.
Together with all water and water rights, ditches and ditch rights appurtenant
to or used upon said real property including but not necessarily limited to
(1) a 2/23.8 share (approximately 8.5 per cent) of the 0.8 cfs out of Priority
No. 145 A awarded the Haggarty Enlargement of the Coryell Ditch, and (2) 1.00
cfs of irrigation water out of the Larson Ditch awarded in Water Case No. 331 in
Water Division No. 5, State of Colorado. All water and ditch rights are conveyed
without covenants of title.
TOGETHER WITH an easement for ingress and egress over the following
described parcel: A strip of land 20 feet in width to be used as a
road access easement situated in the SE1/4NW1/4 of Section 25, Township
5 South, Range 91 West of the Sixth Principal Meridian, being 10 feet on
each side of the following described centerline:
Beginning at the Southeast corner of said SE1/4NW1/4, thence S 89°11'40"
W, 10.00 feet along the Southerly line of said SE1/4NW1/4 to a point on
said centerline; thence N 00°02'00" W, 314.25 feet along said center-
line; thence N 37°56'07" W, 189.33 feet along said centerline; thence N
07°14'00" W, 49.00 feet along said centerline; thence N 19°42'00" W,
59.00 feet along said centerline; thence N 26°25'00" W, 92.00 feet along
said centerline; thence N 22°57'00" W, 76.00 feet along said centerline;
thence N 37°18'00" W, 91.00 feet along said centerline; thence N 45°36'00"
W, 57.00 feet along said centerline; thence N 18°51'00" W, 86.00 feet
along said centerline; thence N 60°06'03" E, 75.00 feet, more or less,
to a point on the Westerly right-of-way line of County Road No. 245.
ERNES
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