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HomeMy WebLinkAbout4.0 CorrespondenceG1enwtod Springs Fire De jrtment � 806 Cooper GLENWOOD SPRINGS, COLORADO 81601 "Saving Lives and Property Since 1885" May 3, 1991 Garfield County Planning Department 109 8th. Street Glenwood Springs, CO 81601 Attn. Mark Bean Dear Mark: 0 Ln JAMES MASON, Chief 945-2575 MAY 7 1991 4 I was recently I was recently contacted by Mr. Peter Christeleit concerning fire protection for a subdivision he wishes to do off of 119 road. At this time the area in question is not within the boundries of the Glenwood Springs Rural Fire District. Fire protection for this area would generally be the responsibility of the Sheriff's office. The Sheriff, upon notification of a fire, could contact us or another department and request assitance. We would of course do whatever we could to assist. If I can be of further assistance or if you need additional information, please feel free to contact my office. Sincerely, f� James S. Mason, Chief Glenwood Springs Fire Department cc. Peter Christeleit 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 15th day of July A.D. 19 91 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes when the following proceedings, among to -wit: , Commissioner Chairman , Commissioner , Commissioner County Attorney , Clerk of the Board , County Administrator others were had and done, RESOLUTION NO. 91-061 A RESOLUTION CONCERNED WITH THE RESCISSION OF RESOLUTION 81-175. WHEREAS, in 1981 the Board of County Commissioners approved a resolution which discouraged further subdivision in the Spring Valley area; and WHEREAS, the Board expressed concern about the physical condition of Red Canyon Road and the lack of resources available to the County to upgrade the roadway and provide an adequate level of maintenance; and WHEREAS, the Board approved Resolution 81-175 which advised any persons interested in the subdivision of lands in the Spring Valley area that they had made the determination that the division of land in the area will create undue burdens on the physical and financial resources of the County and was therefore premature; and WHEREAS, in April 1991, the Garfield County Regulatory Offices received a preliminary plan application from Peter and Linda Christeleit for the Christeleit Subdivision located off C.R. 119; and WHEREAS, the Garfield County Planning Commission reviewed the Christeleit Subdivision Preliminary Plan and forwarded a recommendation of approval to the Board of County Commissioners. Included in their recommendation of approval was a request to the Board to rescind Resolution 81-175; and WHEREAS, on June 3, 1991, the Board of County Commission-rs reviewed the Christeleit Subdivision Preliminary Plan and gran ed approval of said plan subject to conditions; and WHEREAS, the Board determined that Red Canyon Road i adequately maintained, of sufficient design and suitably upgraded to accommodate additional traffic generated by the Christeleit Subdivision; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Board formally rescinds the restrictions imposed by Resolution 81-175. • • • ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT CHRISTELEIT SUBDIVISION HOMEOWNER'S ASSOCIATION Application having been made by or on behalf of Christeleit Subdivision Homeowner's Association and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 90 cubic feet per second of water from the District's direct flow rights and 3.7 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant shall provide the District proof that it is a homeowner's association incorporated as a non-profit corporation under the laws of the State of Colorado or such other entity as is acceptable to the district which shall be responsible for the on going payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under the Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefited by the water allotted hereunder has been approved by the applicable govern- mental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. The applicant has acknowledged that the land to be benefited by the foregoing and attached Contract is described as follows: Lots A, B, C, D, G and F, Christeleit Subdivision, Garfield County, Colorado. BASALT WATER CONSERVANCY DISTRICT By: ctiz,5_Rt, President I hereby certify that the above Order was entered by the Directors of the Basalt Water Conservancy District on the /,2 44 day of Vyva J.�, , 1990. ATTEST: Secretary • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Pursuant to C.R.S. 1973. 37-45-131) The Applicant, Christeleit Subdivision Homeowner's Association, has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37- 45-101, el Eq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant hereby agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 90 cubic feet of water per second from the District direct flow rights and 3.7 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated or served by Applicant, which lands are more fully described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: Municipal: Domestic: X Agricultural: Industrial: Other: Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. The initial annual payment shall be made, in full, within 15 days after the date of a notice from the District that the initial payment is due. Said notice will advise the Applicant, among other • things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be made by the Applicant on or before each March 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within ten (10) days after said written notice, the District may, at its option, elect to terminate all of the Applicants right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply 3 • • to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division No. 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. APPLICANT: CHRISTELEIT SUBDIVISION HOMEOWNER'S ASS • CIATION B President 3-(ert_7- aet s Print or Type Name Address: P. O. Box 681 Glenwood Springs, CO 81602 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this 3// -day of WITNESS my hand and official seal. My commission expires: '-1- J¢ , 1990. 5/1eit4t %ZW Notary Public • • EXHIBIT "A" TO WATER ALLOTMENT CONTRACT BETWEEN CHRISTELEIT SUBDIVISION HOMEOWNER'S ASSOCIATION AND THE BASALT WATER CONSERVATORY DISTRICT The real property to be served by the foregoing and attached Contract is described as follows: Lots A, B, C, D, G and F, Christeleit Subdivision, Garfield County, Colorado. 1 DRAINAGE PLAN FOR CHRISTELEIT SUBDIVISION PRELIMINARY PLAT SUBMITTAL HCE JOB NO. 90057.001 MARCH 20, 1991 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555 • 1 TABLE OF CONTENTS Introduction Hydrology Drainage Plan Summary Drawings: Basin Map (8-1/2" x 11") Appendix - Calculations INTRODUCTION • • The proposed Christeleit Subdivision Project is located in Spring Valley on the east side of Red Canyon. See the enclosed Basin Map for site location. There are no major drainages that affect this property. In fact, all drainages affecting this property are fairly small and are not developed. Therefore, the storm runoff flows for this site will, in general, be small and diffuse and will not significantly impact any part of the project, except in the near vicinity of where the proposed access road culvert discharges onto the lower property. The 25 -year discharges from this culvert has been calculated. Otherwise, the flows are too diffuse to calculate to any significant accuracy. HYDROLOGY The hydrologic methods for this study are outlined in the Soil Conservation Service publication "Procedures for. Determining Peak Flows in Colorado" (1980). Peak flows in this area will be primarily rainfall derived since the whole site is well below 8000 feet in elevation. Therefore, the storm drainage system will be more than adequate to handle spring snowmelt runoff. Calculations were completed for the 25 -year return frequency event as required by County regulations. DRAINAGE PLAN Natural drainage paths have been left intact. This ensures that, in general, overland flow will follow predictable historic paths. This also decreases the amount of grading necessary for roadways and actual building areas and thus reduces the opportunities for erosion. In general, because of the small basins, no drainage improvements are proposed except for a culvert under the proposed access road where it crosses the largest drainage. No detention is proposed for this development because of the large lot sizes and the diffuse flows. The increase in flow due to development on any particular lot should be insignificant. The probable impervious area added would most likely be less than one percent of the total lot area. In addition, the diffuse flows would make construction of detention areas difficult and their construction would disturb more area and cause more erosion. In general, erosion control will consist of disturbing as little existing vegetation as possible, and therefore, reclamation of as little area as possible. It is anticipated that areas that must be disturbed will be seeded with an arid area grass as recommended by the Soil Conservation Service. SUMMARY The preliminary plan for Christeleit Subdivision includes only minimal drainage improvements, but these should be adequate in view of the small and generally diffuse flows. 32'30" t379 1378 29 7005 n /- 78;C61 eS 7-1 7000 29� '376 4375°°' " N. _610000 ' . FEET DRAINAGE BASINS CHRISTELEIT SUBDIVISION HCE JOB #90057 MARCH 20, 1991 • • APPENDIX: CALCULATIONS R C� / 9005 7 Job Title Y/S ee Job No by -1Pr5 -1Pdate 312-`' I l ck'd by date Subject ` "rO'•\^-?)--? - page / of l 1 1 0 g 5 Tt- e,4,9--/u4-e-- O. t -5..., Ai.I tIA meq J4'-........ G)i.5c -lL4:.E: P 5t: c_4-pr2-4.E..5 42.E..> 747L4-4./ 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555 BRYA! NEWS DISTRIATING P.O. BOX 327 GLENWOOD SPRINGS, COLORADO 81601 (303) 945-8920 '3oun.7 Corrisnioners 70uni-7, Color=ido I as eh --,r'join7t-cf: nro7)ert, oi.-:-re.r to Hf.r. LE1it wcp7d 1i1e to voice r7 oproition to the rr.000sed subdivi to 10 PCI: yr -1s oP tl-Le 7renert7 be ric avnes oh SnrinE TTl be112ve -brie onri r cjir hettPr neves the nj11pr Ailoing Fr. Chricteleit to hyn,nss tIne 35 ec-e iiion only opens the sore 0,-flortiuoit to verlous ether proTerty owners in need of e7tra cash. VI undrstniing is hP dr^F not n.:1 n to r._rovde newer roF-ds or Rny- other reqpir.e!,ientF nonefor P subd;vin,ion. ntnnd by prenert r,O1;shed 35 7.cre -3'Lvtnieqs. 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