HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 gth Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
TYPE OF APPLICATION
a Adm lnlstratlve Review
a Limited Im pact Review
a Major Im pact Review
a Amendments to an Approved LUCP
OUR DMIR Dsup
a Minor Tem po ra ry Housing Facil ity
a Vacation ofa County Road/P ublic ROW
a Location and Extent Review
C Comprehensive Plan Amendment
D Major 0 Minor
0 Pi pe line Development
LAND lJSE CHANGE PERMIT
APP1!1€ATION FORM
C Development In 100-Year Flood plain
0 Development In 100-Year Flood plain Variance
0 Code Text Amendment
0 Rezoning
D Zone DlstrictO PUD D PUD Amendment
0 Administrative Interpretation
0 Appe al of Administrative Interpretation
C Areas and Activities of State Interest
C Accommodation Pursuantto Fair Housing Act
D Variance
a Time Extension (also check type of original application)
Representative (Authorization Required)
Name: ________________ Phone: (.__ _ __, ______ _
Mailing Address: ______________________ _
City: _____________ State: __ ZJpCode: ______ _
E-mail:'----------------------------
I PROJECT NAME AND LOCATION
Assessor's Parcel ~umber: ~ ..3...:1.-3..-_Q_2.}i--212.-Q_j_2_
Physical/Street Address: /83 L/-t.tz. 1 H ('.,,fen iuocd ~'· t'!o 'i I fil!
Legal Desaiptlon: Sc.c+ r D \~ ~ i fa,pp5k,p· 7 rg.k"'df.. ': 'a <f? A L I Vl N W$f
NESw OMA LOI 12 CiJm 35f1'-/S '
Zone District: Property Size (acres): 35!flf5
Existing Use:_.,,_ _________________________ ~~
gmg~e , ~0..Yt"l \" d Lu t:,l ln"j
u I
Proposed Use (From Use Table 3-403): --------,------------
Description of Project: _'J;~LA;,:,.:..l-"""\d,....1 \.Ll.l1 jc.:,...' __,.,_54.1.1~~'4-U(e_......,fu::;..:.;,;....:7'1.;..J.J '~1-.;-A'"""'o:::;.....;;:..iu ___ _
Waiver of Standards
IJ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section: ____________ _
Section: ____________ Section: ____________ _
I have read the statements above and have provided the required attached Information which is
correct and accurate to the best of my knowledge.
~ . tj/i/!&
Date / J
Ale Number: ____ -___ _ Fee Paid:$. ___________ _
Garfield County
PAYMENT AGREEMENT FORM
GAR FIELD cou NLTY ("co U NTY") and P :werty Owner ("APPLICANT") _.})i_c."".,.,.\.A...._\ _ _,W'-=-"e=S'--'t_L_,HJ~) tl._.__
-~o.~o~c\~-~O~'r~' __...l.~/\..._.k~.,S~±.._\ ...... ,_o_.ft_.__ ______________ agree as follows :
1. The Applicant has submitted to the Countv. an application fof,:t,he following =ct:
ADU .Po'C Lo+ \ ot \A)e_s±l-1 of+· -8a k-e~ ~a.v\c b
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedu le for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree t hat because of t he size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, establis hed for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Boa rd of County Commissioners for the
consideration of an application or additiona l County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additiona l billings to the County to reimburse t h e County for the processing of the Project.
The Applicant acknowledges that all billing sha ll be paid p rior to the final consideration by
the County of any Land Use Change or Division of Land .
I hereby agree to pay all fee s related to this a pplication:
Billing Contact Person:Vo.v.-\ o.rd L.>rt Wes-+~~-[ Phone: (iW._) qg 7-JS \./f..o .
~llingConhctAddre~=-~~·-~~·~~~~~X~~3~~~~-) _____________ _
city: 01\-e..V\ Wo0d Si><j s 1 state: CO
Billing Contact Email: \r vJ e_~+ \Aof~ @ aYY\G\_;\ · WVY1
Zip Code: ___..<?_..l_..l.o.__0_2 __
Printed Name of Person Authorized to Sign: __ 1 02_0._u_\_~<9~-t-~ln~~r~'-~lJ~e_S_~_h_o_f-_!f ____ _
'i?-7 -/5
(Date)
•
Garfield County
Community Development Department
108 gth Street, Suite 40 I
Glenwood Springs, CO 81601
General Project Description
Construction of a Single Family ADU on Westhoff-Baker Ranch LOT 1
Paul and Lori Westhoff
PO Box 3261
Glenwood Springs, CO 81602
QUI TCLAIM DEED
Granter, Fninces N. Wes thoff Baker, as t rus te e o f Frances N. Wes thoff Baker Li v in g Trust
date d O cto be r 23 , 2001 , whose legal address is 2735 Sierra Vista Road, Grand Jtmcti on,
Colorado 81503 , of the County of Mesa and State of Colorado, for --NO CONSlDERA TION--,
hereby sells and conveys to An d r ew E . W es thoff. Grantee. whose legal address is UPS Box 127
1338 Grand Ave., Glenwood Springs, 81601, County or Garfield, State of Colorado all of'
Grantor's right, titlt: and interest in a 4.286% undivided interest in the following real property in
lhc County of Gad1eld and State of Colorndo. to wit:
See Exhibit A which is incorporated herein by reference
with nll 1ls appurtenances.
l\llcr the recording of this Quitclaim Deed and the conten1porancous recording of a Quitcluim
Deed dated November 28, 2013 from Grantor to Puul 11. Westhoff and Lori R. West hon: as joint
Lenants, the real property described on Exhibit A shall be O\,vncd as follows:
50% undivided interest as to Andrew E. Westhoff; and
50% undivided inLcrest as to Paul H. Westhoff c.\n<l Lori R. Westhoff, as joint tenants
between Paul I I. Westhoff and Lori R. Westhoff
I\ Statement of Authority for the Frances N. Westhoff Baker Living Trusl dated October 23.
200 I is recorded contemporaneously with this Quitclaim Deed.
Signed this ,:/./ d: day of Junuary. 20 l4.
Frances~. Westhoff Bakl!r Living Trust dated October 23, 200 I
STA TE or COLORADO
) si..
County of Mc:so )
The foregoing instrument was acknowledged before me this cf/ i'.f~iay of January, 20l4, by
Frances N . Westhoff Baker, as trustee or the Frances N. Westhoff Baker Living Tn1st dated
October23,200l. ~ $L
Witness my hand and official seal.~ 0 ·
Mycommisslonexpires: 3 -llj-20/.) __ _ _
Notary Public
DE BBIE A. FISHER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 #19914003584
Mj~mmis~ion E.vplros Match 1~. 2015
N'f/l/4SEI/'\ ANO THE UOrllHnSi CORNER OF LOT -,4-0F .SAlo 's(cr~ON 8
B£CINNINC AT THE NORlHEAST CORNER or SAID ~lW1/4SEl/4 l,IONUMENr£O
WITM /4. 911.l C:ADASTRAL SVRV(Y ALUMINUM PIPE/CAP rOJNO iN PUCE:
EXHIBIT A
A PARCEL Of LJ.NO St1UA1EO IN THE NORTl-Ni(ST ONE-<lUARTER Of THE
SOUTHEAS1 ON(-ol.IARTER (l.ffl1/4SE1/4). THE NOllTH(AST ONE-oi.JARTEn or
THE SOUTKHEST ONE--OUARlER (NEl/4SYll/4) ANO LOf 12 OF SECTION 8,
TOMISIUP 7 SOUTH. RANCE 08 WEST Of THE SIXTH PRINCIPAL 1.1£1t!OIAN,
COUNTY or CARFIELO. STjT( or COLORADO, BEINC ...ORE PARTICULARLY
OESCRISEO AS FOLLOWS :
tlOTE, THE BASIS Of BORINGS FOR THIS OESCRIPl ION SHALL 8£
S 00·15'54· £ B£lWEEN FOVNO U.S. BUREAU OF LANO MANACE~ENr
CAOASTAol,L SURVEY MONWENTS f'OR THE NORlH(AST CORNER OF SAIO
N'tll/4SEI/~ ANO THE NOnlHE,ST CORNER Of LOT 14 OF SAIO SECTION B .
BECINNINC AT THE NORTHEAST CORNER OF SAID ~IW1/4SEl/4 , MONUMENf(O
WITH A SLM CAOASTRAL SURVEY ALUMINVM PIPE/CAP lo.JNO IN PL~CE:
THENCE ALONC tHE EAST Liii( OF SAID ~ltl/45£1/4 ANO SAID LOT 12
S 00 ·15'5.r,• E 1919 70 FEET: THENct: S 89'J5 '40" W 635.22 FEET.
THENCE N 00'24'20" W 1499.74 FEET: THENCE S 89'35'~o· ~
850 .0 7 f"EET; WENCE N 00·24·20· W .\99 .60 FEET TO THE NORTH \.I NE
OF SAID NEl/..o\SY/1,l4; THENCE ... LONC SAID NORTH LINE N 86"<8. 43" W
188 .18 fEET TO THE NORl~Sf CORNER or SAIO NHl/4SEl/4 ,
:.lOl:UMtN 7 C:0 WI lH A o l l.I ~A04STRA\. ')V INEY ,l>LVUINUU PIPE:/UP FOIJnO IN
PLAC(; THENCE ALONC lH[ NORTH LINE OF SAIO tf'Hl/4$(1/4
N 88'48.4J" E 1JOJ .96 FEET TO THE POINT OF BECINNINC . 5A10
PARCEL CONTAINS J5 .9~5 ACRES (CROSS ). MORE OR LESS .
EXCEPTINC THEREFROM TH C RICHT--Of"-WA Y OF COUNTY ROAD 114 , CONT~IN
I NC I 16 ACRES l..ICRE OR LESS .
TOCETH(R WITH A SIXTY (60) FOOT WIDE EASEMEHT f"CR ACCESS 'NO
UTILITY PURPOSES, LYINC TNIRT'r {JO) FEET TO EACH SIOE Of fHE
f'OLL0r¥1NC O(SCRIBEO CENTEALIN(:
COIAIENCINC AT THE SOUTH QUARTER CORNER Of SAID SECTION 8. A CLO
BRASS CAP FOUNO IN PLACE: THENCE N OG"42'4J" f 2061 .79 fEET TO
A POINT ON THE SOUTHERLY RICHT-Of-WAY LINE Of COVNTY ROAD 114 ON
THE CENTERLINE OF AN E>SEMENT AS OESCRIBEO IN A OEEO RECOROEO AT
RCCEPllON NO. JH780. THE POINT Or 6ECINtrn~c OF TH( (/\!:n!EtlT
HEREIN OESCRl8(0; THENCE s oa·o4·0.\· w J8.54 f (ET: THENCE 66.J9
FEET ALONG THt ARC OF ... T~CENT CURVE TO THE lEf"T WITH A RADIUS
OF 1J0.66 fEET, A CENTRAL ANCLE OF 29"59'28" ANO A CHORD
BEARINC OF S 05·55•41• E 67.62 fEEf; THENCE S 21'55'25" E
105.08 FEET: lHENCE 151 .59 /\LONG THE ARC or TAnCENT CURVE TO THE
RICHT WITH A RAOIUS OF J50 .08 FEET. A CENTRAL ANCLE OF
24'48'J6" ANO A CHORD BEARINC S 09'J1 '05• E 150 .40 FEET:
THENCE S 02'5J'1J* W 61.82 FEET; THEHCE IJ9.6~ FEET ALONG THE
ARC OF A TANCENT C\JRVE TO THE LEFT WITH A RAO IVS Of 79C .41 FEET.
A CENTRAL ANClE Of 10·02'47• ANO A CHORO S(ARINC or
so2·oa '.11· E 1J9 .47 FEET THENCE~ 01·09•34• E 98,82 FECT,
~~OJ-':£ LEAVH!C THE CWlERLINE ~; SAIO EASEMENl OESCRISEO IN
.':_:RECEPTION NO . J7HllO S 08'24'Jg" E J51 .09 FEET: THE.NC(
N 81"Sl'4J" t 250.9~ FEET: THENCE N 115'22'28" £ 38 .76 FEET:
THENCE N 58'4•'2J" E IJ.50 FEET TO THE W(STERIY LINE Of S~IO
PARCEL I, THE POllH Of TERMll'IATION.
THE SIOELINES OF SAID EASEMENT SHALL BE SHORTENED OR E~TEHOEO TO
TERMINATE AT lHE SOU"IO~RIES OF Sl\10 EXIST INC (ASO.lENl _.NO SA IO
WC:STERLY LINE .
SUBJECT TO A TWENTY (20) FOOT WIDE EASEMENT FOR POl'l~RLINE PVflPOS-
ES, LY I NC TEN (I 0) FEEi E._CH SI OE OF THE FOLL0,'11 NC OE:SCR I BEO
CENTERLINE:
COIA!ENCINC AT THE SOUTH QUARTER CORNER OF SAID SECTION 8, A CLO
BRASS CAP FOUND IN PLACE: THENCE N 41"31 'J9" E 10 10.29 FEET TO
A POINT ON THE SOUTHERLY LINE OF SAtO PARCEL, THE POINT OF SECIN-
NINC or THE EASEMENT HEREIN DESCRIBED: THENCE N J5'4B'5J" E
410 .31 FEET TO THE POINT OF TERMINATION.
THE SIDELINES or SAID EASEMENT SHALL eE SHORTENEO ~ E~TENOEO TO
TERMINATE AT SAIO SOUTHERLY LI NE.
SUBJECT TO A TV>'(NTY (20) FOOT WIO( WATERLINE fASEMENi ... s OE-
SCRISEO IN DEEO RECORDED ._, RECEPTION ~IO. J7~780.
SUBJECT TO EXISTINC Pa.\ERLll-IE. EAS~~IE:NT.
QurTCLAlM OEED
Grantor, Frances N. Westhoff Bake r , as trustee of F r ances N. Westh o ff Baker Livi n g Trus t
dated October 23, 2001. whose legal address is 2735 Sierra Vista Road, Grand Junction ,
Colorado 81503. of the County of Mesa and State of Colorado, for ~ONE HUNDRED
TWENTY-FIVE THOUSAND DOLLARS ($125,000.00)-, hereby sells and conveys lo Paul H.
Westhoff and Lori R. Wes thoff, as .Joint T enants, Grantees whose legal address is 723 Quail
Drive , Newton. Kansas. 67114, of the County ol' llarvcy and State of Kansas all of Grantor's
right, title and interest in a 50.00% undivided interest in the following real property in the
County of Garfield and State of' Colorado. ro wit.
Sec Exhibit A whkh is incorporated herein by rcrerence
with all its appurtenances .
After the recording of this Quitclaim Deed and the contemporaneous recording of a Quitclaim
Deed dated January 1. 2014 from Granter to Andrew E. Westoft: the rea l property described on
Exhibit A shall be owned as follows:
50% undivided interest as 10 Andrew E. Westhoff:
50% undivided interest as to Paul H . Westhoff and Lori R~ Wes thoff :is Joint tenants, as
joint tenants between Paul H . Westhoff and Lori R. Westhoff.
/\ Statcnu:nt of Authority for the f.'rances N. W~sthoff Baker Living Trust dated October 23.
2001 is recorded contemporaneously with rhis Quitclaim Deed.
Signed this &l~f day of January, 2014 .
Frances N. Westhoff Baker Living 1 ru st dated October 23, 200 I
STA TC or COLORADO )
) SS.
County or Mesa }
The foregoing instrument wus ucknowledged before me this .iZ / 5
J;;ny of January, 201-+, by
Frances N. Westhoff Baker, as trustee of the Frances N. Westhoff Bakt:r Living lmst dated
October23,2001. Q Q ~
Witness my hand and official seal. Q Q c-
My commission expires: J ... !l(-20/.>0~ /JeA..
N cary Public
DEBBIE A . FISHER
NOT ARY PUSLIC
ST ATE OF COLORADO
NOTARY lD Ul~91-l003584
M1tommiss·G11E.xp~esMarch 14, 2015
1
EXHIBIT A
A PARCEL Of LANO SITUAlED IN iHE NORTHWEST ONt--OUARTER OF THE
SOUTHEAST ONE--OUARTER (t-Hit/4SE1/4), THE NOIHHlAST ONE~ARTE:n Of
THE SOUTHWEST ONE--OVARTER (NEt/4SVll/4 ) ANO LOT 12 OF SECTION 8.
TOMISlllP 7 SOUTH, RANCE 06 WEST Of THE SIXTH PRINCIPAL MERIOl,o,N,
COUNTY Of CARFIELO. ST>TE Of COLORADO, BEINC IJORE PARTICULARLY
OESCRISEO AS fOLLOWS:
>IOTE : THE BASIS Of BE>RINCS FOR THIS DESCRIPl ION SHALL BE
S 00·15'54• E BETWt:EN fOUNO U.S. BUREAU OF LANO MANACEMENf
CAOASTAAL SURVEY MONWENTS FOR THE NORTHEAST CORNER OF SAID
i.tl/l/4SEI/'°' ANO THE NOA l HE,ST CORNER OF LOT 14 OF SAID SECflON 8.
BEGINNING AT THE NORTHEAST CORNER OF SAID NWl/45El/4, MOHUM(NT(O
WITH A BLM CAOASTRAL SURVEY ALUMlNVM PIPE/CAP FOJNO IN PL~CE:
THENCE AlONC iHE EAST llllE OF SAID N'Hl/4SE1/4 ANOS.a.ID LOT 12
S 00·15•54• E 1919 ,70 FEET: THENCE S 89"JS'40 " W SJ5 .2~ FEET:
THENCE H 00·2•·20· W 1~99.74 FEET: THENCE S 89'35'40" W
650.07 FEET: lHENCE N 00'24'20-W 199.60 FEET TO THE NOR1tl LINE
OF SAID NEl,/..4SV11/4; THENCE ALONG SAIO NORTH LINEN 66"<8'4J" W
166.18 fEEl 10 THE NORlNWEST CORNER OF SAIC ~Hl/4SEl/4,
tAOl;uli4Et'fiED WtlH A auo1 C,o.O ... STRAl SVIWEY ALVMl"4V1.\ PtPE/C~P FOLINO 1i.i
PLACE: THENCE ALONC THE NORT~ LINE OF SA IO NW1/4SEl/4
N aa·4e'4J" E 1JOJ.96 FEET TO THE POINT Of BECINNINC. SAIO
PARCEL CONTAll-lS 35.945 ACRES (CROSS). MORE OR L~SS
EXCEPTINC THEREFROM THE RICHT--OF-WAY Of COUNTY ROAO 11<, CONTAIN-
ING I .16 ACRES l.IORE OR LESS .
TOGETHER wlTH A SIXTY (60) FOOT WIOE EASEJ.IEHT fCR ACCE~S -.NO
UTILITY PURPOSES, LYING THIRTY (JO) rEET ro EACH SIOE or THE
FOLLOWING OESCRIBEO CENTERLINE;
COi..o.!ENCINC AT THE SOUTH QUARTER CORNER or SAIO SECTION e. A CLO
BRASS CAP fOUNO IN PLACE; THENCE N 06'42"4J" f 2061.79 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE or COVNTY ROAD 114 ON
THE CENTERLINE OF AN E>SEMENT AS OESCRl6EO IN A OEEO RECORDED AT
RECEPTION NO. 37'4760, Ht( POINT Or 6EGINNINC Of' THE EA~EktENT
HEREIN OESCR16EO: THENCE s oa·o4·0~· w J6.54 f EET: THENCE 68.J9
FEET ALONG THE ARC OF> T~CENT CURVE TO THE lEFT WITH A RAOIUS
Of 130 .66 fEET, A CENTRAL ANGLE OF 29'59'26" ANO A CHORD
BEAR IN G Of S 05 ·55'41• E 67.62 f EE f: THENCE S 21·55·25· (
105.08 fEET: THENCE 151.59 ALONC THE ARC Of TAMCENT.CURVE TO THE
RICHT WITH A RADIUS Of JS0.06 FEET. A CENTRAL ANGLE Of
24'48'Je • ANO A CHORO BEARING S 09"31 '06" E 150.40 FEET;
THENCE S 02"5J'1J " W 61.82 FEET; THENCE IJ9.6~ FEET ALONG THE
ARC OF A TANGENT C\JRVE TO THE LEFT WITH A RADIUS OF 79f.41 FEET,
A CENTRAL ANCl£ OF 10·02·~7· ANO A CHORO B(ARINC OF s 02·os'.1\" E 139.'47 FEET THENCE~ 01·09'34• e 98.82 FEET,
T~E>1i:E lEAVINC THE CWlERLINE ~r SAIO E.ASEi.cENl OESCR16ED IN
:~;RECEPTION NO. J74760 S 06"24'J9 • E J51 .09 Ft£T: THENCE
N 81'51'4J' E 250,91, FEET; THENCE N 85"22'28" E J6.76 FEET :
THENCE N 58'4 ~'2J" E lJ.50 FEET TO THE WESTERlf LINE OF S'ID
PARCEL l, THE POINT OF TERMINATION.
THE SIDELINES Of SAID EASEMENT SHALL BE SHORTENEO OR E~TENOEO TO
n:RMINATE AT THE BOUNO.ARIES OF SAID EXISTIHC EASEJ.IENl ,.NO SAID
wtSTERLY LINE.
SUBJECT TO A TWENTY (20) FOOT WIOE EASE~ENT FOR POi'l~RLINE PURPOS-
ES, LYINC TEN (10) FEET £.a,CH SIOE OF THE fOLL<MINC OESCRtBEO
CENTERLINE:
CCl.O.IENCINC AT THE SOUTH QUARTER CORNER OF SAIO SEC T ION 8, A CLO
BRASS CAP FOUND IN PLACE; THEN CE N ~1 '31'39• E 1010.29 FEET TO
A POINT ON THE SOUTHERLY LINE OF SAIO PARCEL, TH E PO I NT Of S(ClN-
NINC Of THE EASEMENT HEREIN DESCRIBED; THENCE N J5'•6'5J-E
410 .31 FEET TO THE POINT OF TERMINATION.
THE StOELINES OF SAID EASEMENT SHALL et SHORTfNEO OR £)TENDED TO
TERMIN~TE AT SAID SOUTHERLY LIN(.
SUBJECT TO A TWENTY (20) FOOT WIDE WATERLINE EASEMENT .AS OE-
SCRIBEO IN 0£EO RECOROEO .,T RECEPTION ~IO. JH760.
SUBJECT TO ex I $Tl NC f>CME/lll NE EAS~~•ENT.
V . Submittal Requirements
**Mineral owners of the property.
--NO RESULTS section 7 of 88
NONE FOUND by Garfield County Asse ssor1 s Office
< llV StatC' l 1pCodC' Sltu4> f 1011•,1 Slrt•t'I N ,11111' I lt ••,1g < ti V
t1U NWOOU SP HING S co 81601 < /\IWONDALE
GLENWOOn SP RINGS co 8 1 602 18U 1111 (.OUN I Y Im C/\HBONDALE
1'1 I ll ''-.'•lti •I GLENWO OD SPRINGS co 81602 18 {2 CM C rm C/\RUO NDALE
I II lit lllV I I( I IH IN I /\GE ROAD SILT co 81652 CARBO NDALE
lllll 1<IVI I< f HO NTAGE ROAD SILT co 81652 CA RBONDALE -
110 M[ADOWVJEW LANE GLENWOOD SPRINGS co 81601-L8.:H lJll COU NTY RD CARBONDALE
GO MEADOWVIEW LANE GLENWOOD SPRINGS co 81601-1831 CM C RD CARBONDALE ----1338 GRAND AVENUE 127 I GLENWOOD SPRINGS co 81601 183 4 114 COUNTY RD CARBONDALE ---~ ----------723 QUAIL DRIVE NEWTON KS 67114 1834 114 COUNTY RD CARBONDALE ------
1338 GRAND AVENUE 127 GLENWOOD SPRINGS co 81601 --
723 QUAIL DRIVE NEWTON KS 67114 ------- --60 MEADOW VIEW LANE GLENWOOD SPRINGS co 81601 60 MEADOW VIEW LN CARBONDALE
Accolmt Nl ParcelNo OwnerName In Care Of ----
Rl11':f.22 239304200034 1COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT - ------~------
~ip Code
81623
81623
81623
81623
81623
81623
81623
81623
81623
R112t21 239317100395 WESTHOFF , THOMAS J & TRACEY V
R112l21
R050~65
R043~S8
R111~98
Rl11~98
Rl12UO
R112UO
R112l.20
R112t20
Rlllf!36
-----
239317100395 WESTHOFF , THOMAS J & TRACEY V
239311200951 BUREAU OF LAND MANAGEMENT
2.39308200955 BUREAU OF LAND MANAGEMENT
239308400010 I HAYES, LINDA
239308400010 HAYES, LINDI\
239308400012 WE ST HOFF , ANDREW E
239308400012 WESTHOFF, PAUL H & LORI R
239308400012 WESTHOFF, ANDREW E
\
----~
23_930840Q012 [WESTHOFF, ~UL H & LORI ~--
239308300004 1HAYES, LINDA B
COLORADO RIVER VALLEY FIELD OFFICE
COLORADO RIVER VALLEY FIELD OFFICE
81623
I
I jr~--.--~--1-~~~~~~r,__~-+~--~~o-0_2~~~-------------------~--------.....1~
c
6-------r----t---_j
-tS§;-----1-,..,)
-.... ... ~~
•
GARrlELD COUNTY BUILDING PERMIT APPLICATION
108 8"" Street, Suite 401 , Oleo..,ood Spr1na1. CO 81601
Phone: 970·945·8212 I Fu:: 970-384-3470 I lupcctJon Line: 9?0·384-6003
l'ennll No: l oo l/ 0 Parcel/Schedule No : 2 ~<J ?> oe+~oo I z.
Job Address: Uoo I
Lot No: Subd. I Exempuon: #-I c.ui:~n~t""f-JM ... l'....-'-.... 1c__.1"""'l.A,_,~'--""""'c~H
01Vner: Address
I? ~ c.i1~J\1Ji7 A-1~ "-IZ.1
Ph: Wk Ph:
'l'~P< w~flt~ ~ ?>7~ -~.J 1'7
" . , Contractor: Address; Ph: Lie. No .
[1
7
6llJ1'-1i:.,1.-
Arch ltccl / Engineer:
-l)fl.:f:fi: .t N7'h..,Gl
Sq. FL ofBulldtng:
~
Use ofB111ld111g :
. ., ~ c,.. •-":£
Address:
'INt. c~.~"-' II?
Sq. F'l. of Lot
1 ?"'7173 I I/ I I l 'l 1; ~-
Describe Work ·
-+--__._'--'~) UQ!!'.1£
H Class of Work:
?ot~•1~n:/f!~"""""vJ.._ ____________ _
~ New :i Allemt1011
..J
!• Garage:
o HcJUt:
10 o , Driveway Perm!!
12 Special Conditions .
NO'nCE
0 Sin gle
Double
Addltlon :i M ove
On-Site Sewage
Disposal
Carport:
Y Sit~ Plan
Adjusted Valuallons: S
No. of Floors:
o Rcmmw
0 Single
.J Double
A SEPARATE ELEt:1'RIC:AI. PlmMIT IS REQUffiW ANI) Ml rsr B&
ISSUED DY TH& STA'rE 01' COLORADO.
I Plan Check fee: Perm it fee:
. fJ>3v~ C/7'1?£
~e-: ------+=o-a-te._d.,...,,.P-erm-t-l-l-ss-u-cd; TI llS l'EnMIT BCCOMl:.l"~ NU!.!. AND VOID IPWORR Oft C<)N!1TRUCTIOl'f
AUTI IORIZED JS NOTCOMMBNCED \Vln!LN 180 f>AY!!, Ort IF
CONSTRUCTION OR WORI< IS SUSPENDED OR ARANOONED FOR A
PERIOD OF' lt!O DAYl'l AT ANY 1'1ME AFTER WORK IS COMMP.NCED.
I llEREUY C1':fml:Y l'ftAT I HAVI:: READ AND ~~XAMINlm TlllS
AJ'flLICATION /\NO k.NOW 1'1 IE SAM!:; TO DE mm; ANO CORRECT. AJ,L
PROVISIONS OF LAWS <JOVl,;RNING THIS TYPF: OF WORK WILi. BE
COMPLETED WffllfN Wlll:.'TllER SPECIFIED Hl:mmN OR NOT THE
t:RM'TING OF A PERMl'r ooi;s NOT PRESUME TO CllVE ACJTHORJTY
TO VIOLATE OR CANCEi. nu;: l'rtOVISIONS OF llJoN on nm ~TATE OR
LO CAL LAW R£CiUl.ATING CONSTRUCTION 01{ 1111:: PEl{f'OnMANCE
OP CONSTR!Jt:J10N
DATE
Zoning: Setbacks:
Manu. Home:
l'EHMISSI IS IJER£ y Gr~O TO THE APPIJCllNT AS 0\ ER. CONTRACT R /\ND/OR ntE AGENT m· TllE CON'mACTOR OR OWNER 10
1111!. CTURE AS OE'TA1t.1m ON PLANS ANO SPEC IFICATIONS SUOMtTnm TO ANO REVIEWED BY nm OUIWING OEPARTMEN1'
IN CONSIDERATION OF me ISSSUANCE OF TI llS rERMIT. TI1E SIGNER. llEREBY AGREES TO COMPl.Y \VITI I AJ ,t.. BUILDING CODES AND !J\NIJ
USE REGUV.TIONS Af.>Ol'TEO DY GARFfELD COUNW f'URSUM'T1'0 AtrrHOHflY GIVEN 1.N 30.28.201 CRSAS J\MENDED.1'HE SIONEI~ FUtm·I ERAGREES
·n !AT IF THE 1\DOVf; SAllJ OfWIN/\NCES ARE NOT F'ULl.Y COMPILED wm1 IN 11 IE l.Coti'OON. EREC110N. CONSTRUcnON. AND USE ov Tl I I';
ABOVE DBSCRJBEU smuc.wru;:, TI IE PERMIT MAY BE REVOKED BY NOTICE PHOM WE COUNn' ANO Tl I.AT TliEN AND THERE l'r SI IAU. OF;COMP.
NfJl.I, AND VOID. TIIE I SSUANCE OF A PERMT BASED Uf'ON PLANS. S!'ECIFIC/\TIONS /\NO OTHeR DATA 5 11/\l.L NCYr l'HIN~ TiiE llUI W tN Cl OFFICIAi..
f'ROM 'l'Hf:REAf1'£R Rl~QutRINO THE COIUIP.CTION Of ERRORS IN SAID PLANS, Sl'l·lClf"ICATIONS /\ND m"lll'CR l)/\'f'A OR rnoM Plll-:VENTIN C
IJUILOING OPElll\'flON lll>:IN(.i C/\RRJED ON 11 I EREUNOEH WllEN IN VlOLA'llON or 1'115 CODE OR /\NY orm:rt (lHJ>tNANCE OR REC.Ul.A'rlON or
TI llS JURISDICTION Tl If: RP.VIEW OF SUBMIITEll l'LANS AND SPEClfl C/\110NS /\NO INSPECTIONS CON!lUC'l'P.r> THEREAr'l'Ell DOES NOT CONSTITUTE
AN ACC EPTANCE Or AN\' W~SPONSLBILO'IES OR LWJl.lm:S BY GARFIEl.O COUN'IY I' ~ ERRORS. OMISSIONl> OH DlSCREPENCrES. Tt-te ru-:sl'ONSI
UILm' FOR THESE ITBMS AND IMPLEMENT'/\'OON 111JRINC CONSTRUC'TIO • S PECIFICIAU.\' WITH n IE /\RTICTECT~OESl ER. BUii.DER ,
/\ND OWNER COMMENTS ARE INTENDED TO a~: CONSERVJ\TIV IN SUPl'(Jl(J' o~·nn: OWNERS l .ITTEREST.
~ 'J-\' 1 :c;•v ~;~•~Tl 11 , :\9_'""'6";":'"" rn• ;one£M&Hr ..... 11nm.u' . / <~ l j 1'\) .Rf-; 0' ~'\ ,,,fb,~;{~ ~w ~ C)' J /qJ),01-c~~
The following items are required by Garfield County for a final inspection:
A final Electrical In spection from the Colorado Smee Elecmcal Inspector;
2. Permanent address assigned by Garfield Counry Building Depanmem posted where readily
visible from access road:
3. A finished roof, a lockable house. complete exterior siding, exterior doors und windows
installed, a complete kitchen with cabinets, a sink with hot & cold running water. non-absorheru
kitchen Oour coverings. counter tops and finished walls. ready for stove and refrigerator. nll
necessary plumbing;
4. All bathrooms must be complete. with washbowl. !lib or shower. toilet stool, hot and colc.J
running water, non·absorbent floors and walls finished ond a privacy door;
5. All steps outsi<lc or inside over three (3) steps must have handrails. guard rails on bHlconies or
decks OVCI' 30" high constructed to all ffiC and lRC requirements :
6. Outside grading done to where water will detour away from the buil<ling:
7. Exceptions to the outside steps, decks and. grading may be made upon the demonstration of
extenuating circumstances. i.e. weather, but a Certificate of Occupancy wiH not be issued until
all the required items are completed and 11 final inspection made;
8. A final in~pc.;<.:t i on sign off by the Gurficld County Road & Bridge Depal'lment for driveway
installation. where app licable: as well us any final sign off by the Fire District, and/or Stale
Agencies where applicable.
A CERTIFICATE OFOCCUPANCY WILL NOT BE ISSUED UNTlL ALL THE
ABOVE ITEMS HA VE BEEN COMPLETED.
****CANNOT OCCUPY OR USE DWELLING UNTIL A CERTTFICATE OF OCCUPANCY
(C.0.) IS ISSUED . OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE
CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING
PREMISES UNTIL ABOVE COND IT IONS ARE MET .
J understand and agree to abide by the above conditions for occupancy, use and the issuance or a
Certificate of Occupancy for the dwelling under building permit# l 001\0\
Signature
Bpapplicurion!'eb2006
Dale
IX\ i t "_)O
~ } r·d 6lC. GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
108 Eighth Street, Suite 201
Gl enwo od Springs, Color adof 81601
Ph one (970 ) 945 -8212
Assessor 's Parcel No.
This does not constitute
a building or use permit. I NDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY
Owner's Name \A ) r~ ')-\ ho\{; A cd>.. \
b1w~
Present Address 10'0 '6 {I r (,l l\Ci .Av~ n. i d--:lhone ~ IC) . ~ 75
(~ K l \ t / , fj tA~ 1 L .{":>) -I-,, lA' o._; J tc.((-f-X<fa'
2 6C] ~ -,~,<"f-l\ -~(°'1 C l' J 'L _ f!_c .. , lC
~
System Location
Legal Description of Assessor's Parcel No.
SYSTEM DESI GN
/060 Septic Tank Capacity (gallon) ______ Other
__ lo~--Percolation Rate (minutes/inch) Number of Bedrooms (or other)d ____ _
SC/ol/J~f~ -1f ~ tf~t/ Required Absorption Area -See Attached
Special Setback Requirements :
Date ____ lnspector flSJ~dJl. 4 }).-n_J_
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Installation
System lnstaller _ _,Qw-y_"'-'~-'-'""""'Ae>...._._-------------------------------
Septic Tank Capacity /ObO qa.f...
Septic Tank Manufacturer or Trade ia~e -~f--'-ti..::~-=\~1~-------------------------
Septic Tank Access within a;· ot sur~ace -''-'ffc~"------------------------------
Absorption Area --1\ ~ Vh ~A :ll i 40
Absorption Area Type and/or Manufacturer or Trade Name -~=--_..~"-"-=-==;..._.;-_ __,,Q"4-'1"",t.1A~~ !,"'"""''--~---------
Adequate compliance with County and State regulati ons/requlrements.__,)"'l'ff-'.R/Y'=------------------
Other ~---------~----------,----------------------
Date ___ q..._-""'")-_?-__ --.0"-h ___ Inspector --1@-"'<-...L~~-"· c.-~--'-........:~.:;;._ ___________ _
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
•CON DITIONS:
1. All Installation must comply w1tl'l alt requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.A.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con-
nection to or use with any dwelling or structures not approved by the Building and Zoning office shalt automatically be a violation or a
requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or Installs an individual sewage disposal sys tem in a manner which involves a know ing and ma te r ia l
variation from the terms or specifications contained In t he applicat ion of permit commits a Class I. Petty Offe nse ($500.00 fi ne - 6
months In jail or both).
=e Garfield County
Community Development Department
108 s•b Street, Suite 401
G lenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
TAX PARCEL NUMBER: 2393 -084-00-012
PROJECT: Accessory Dwelling Unit (ADU)
DATE: November 26, 2014
UPDATED: August 4 , 2015
OWNER: Westhoff, Andrew E and Paul H & Lori R 970-987-7546
PRACTICAL LOCATION: 1834 CR 114
TYPE OF APPLICATION: Administrative Review for an ADU
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting a pennit for an Accessory Dwelling Unit (ADU) on a 35.945-
acre parcel located within the Rural zone district The property is over the 2 acre minimum
lot size required for an ADU in this zone district. As the property exceeds 4 acres the ADU
is limited to 3000 square feet of finished floor area. The Garfield County Comprehensive
Plan of 2030 identifies the property as Residential low Density (10+ Acres per dwelling
unit) which will be met if an ADU is approved .
The property contains a single family dwelling which is served by an individual septic
system and a community water well system. The Applicant is required to demonstrate,
through provision of a wastewater management plan, that the site is capable of supporting
an Onsite Wastewater Treatment System (OWTS). The Applicant will also have to
demonstrate, through provision of a Water Supply Plan, that the existing central water
system is legally and physically able to serve the ADU (and provide a copy of the Basalt
Water Conservancy Contract). The Applicant is required to demonstrate that adequate
physical and legal access exists to the site therefore the private access roadway must
demonstrate legal access via an easement. and be shown to be comply with road
standards contained in Section 7-107 of the Land Use and Development Code (LUDC).
For public notice requirements, the Applicant will need to provide a list of names and
mailing addresses for adjacent property owners within 200' as well as the owners of the
mineral estate under the subject parcel -this can be researched via title commitment or in
the Assessor's office. Also required is a copy of the Assessor's map which indicates those
properties within 200' by parcel number.
The applicant should consult with the Carbondale and Rural Fire Protection District
regarding specific design considerations related to fire protection . The LUDC does require
that at a minimum the roof materials be non-combustible.
II . REGULA TORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
Garfield County Land Use and Development Code, as amended (LUDC) -Sections:
Section 4-101 Common Review Procedures
Section 4 -103 Administrative Review
Section 4-201 Application Materials
Section 4-203 Description of Submittal Requirements
Section 7-701 Accessory Dwelling Unit Standards
Ill. REVIEW PROCESS
The process to accommodate these requests shall require an Administrative Review
process pursuant to the LUDC .
A . Pre-application Conference .
B. Application Submittal (3 paper copies and one CD).
C. Detennination of Completeness .
0. Once completed, schedule Decision date by Community Development
Director
E. Provide documentation regarding notice requirements for Applicant to mail.
F. Request additional Copies to be sent to referral agencies .
G. Evaluation by Staff and referral agencies resulting in a Staff Report to the
Director.
H. Decision date results in a letter from the Director to approve, approve with
conditions or deny the request
I. Decision is sent to the Board of County Commissioners for 10-day review to
detennine if a call-up to public hearing is required. If no call-up is requested ,
the Director decision is final.
J. Applicant satisfies conditions of approval to obtain the Land Use Change
Pennit (Conditions must be satisfied within 1-year of approval).
IV. PUBLIC HEARINGS AND NOTICE
Public Hearing notice shall be mailed pursuant to Section 4-101.E. (certified mail to
properties within 200').
No Public Hearing is required, unless application is called-up to public hearing with the
Board of County Commissioners.
Referral will be sent to the following agencies:
Garfield County reviewing Engineer, County Road & Bridge, Division of Water
Resources, Fire District, others as may be detennined upon review of the application.
V. SUBMITTAL REQUIREMENTS
Table 4-201 lists submittal requirements including:
• General application materials
o Application form and fee
2
o Agreement to pay form
o General Project Description
o Copy of Deed
o Mineral owners of the property
o Names and mailing addresses of all owners of property within 200' of the
subject parcel
o Assessor map indicating location of the above properties
o Copies of existing building and septic permits
o Copy of the pre-application form
• Vicinity Map
• Site Plan (4-203D)
• Grading and Drainage Plan (4-203E)
• Landscape Plan (4-203F)
• Impact Analysis (4-203G)
• Water Supply and Distribution Plan (4-203M)
• Wastewater Management Plan ( 4-203 N)
• Traffic study (4-203l) - a Basic Traffic Analysis, including copies of easements and
driveway permit to access the county road
• Development agreement -may be waived upon request -on Page 2 of application
• Improvements Agreement -may be waived upon request -on Page 2 of application
• Copy of information related to Central Water System including well permit(s), water
augmentation contract, adequacy of physical and adequacy of the distribution system
• Access-legal and physical (easement and specifications on the road)
Request for Waivers -it would appear to be appropriate for Applicant to request waiver of
the following submittal items:
Landscape Plan -4-203 F.
Development Agreement -4-203 J .
Improvements Agreement -4-203 K .
The request for waiver is on the second page of the application form, please provide a
letter regarding why the waiver is appropriate
VI. APPLICATION REVIEW FEES
This application wiJI be subject to the following fees and deposit requirements:
Planning Review Fees:
Referral Agency Fees:
County Surveyor:
Recoroation:
Total Deposit
$ 250.00
$
$TBD
$
$
$ 250.00
General Application Processing
Plus additional Staff time at hourly rate of $40.50
County Engineer will bill by the hour
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets
3
standards of review. Case planner makes a recommendation of approval , approval with conditions ,
or denial to the appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature onfy and is not binding o n the County. The summary
is based on current zoning , wh ich is subject to change in the Mure, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right.
Pre-application Summary Prepared by:
Updated 8/4/15
Kathy Eastley, AICP Date
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1834 County Road 114
Glenwood Spgs., Co. 81601
E. Grading and Drainage Plan
1. Site Map shows the locations of the existing structures. There are no bodies of water, hydrologic
features, wetlands and the parcel is not in the boundaries of the 100 year floodplain.
2. Drainage Structures:
a/b. There are no drainage features natural or engineered existing or proposed on site.
3. Topography: Site map shows reasonable contour intervals and property lines .
4. Grade Plan: the vicinity map shows the grade of the proposed buflding site and existing driveway.
5. Snow stockpile will be placed north of the gravel drive. The soil stockpile will be used as backfill
around the house and to the north side of building to modify slope .
6. Drainage Plan: Provisions will be made to channel water and snow using French drain at foundation,
and sloping so il away from building to augment natural contours, to allow water to move around the
structure into the open field.
7 . Equipment storage: The one backhoe owned by Westhoff Baker Ranch is stored northeast of the
gravel driveway in open space . No fuel storage area is required; the only fuel on the property is what is
in the machine. All other lubricants and chemicals are contained in Ag shed.
8. Temporary Roads: Temporary roads will not be required .
9. Areas of Steep Slope : No area of with slope of 20% or greater will not affect building site.
10. Construction Schedule : Construction schedule is Spring through late Fall. The excavation and
installation of septic system, water storage tank, footings and foundation excavation, followed by
backfill and final grading. No erosion control measures are deemed necessary.
11. Permanent stabilization: Native vegetation will be allowed to recla im disturbed areas.
12. No erosion control measures are deemed necessary for this construction site. (see contours of site
plan):
13. Estimated Cost: No costs due to erosion control measure deemed not necessary.
14. Calculations: No calculations required.
15. Neighboring areas: There are four private homes with one private drive off County Road 114,
property boarders BLM and Colorado Mountain College property.
16. Storm water Management: All storm water will return to soil were it falls.
17. Storm water Management Plan: No plan needed, all water will return to the soil.
18. Reclamation:
a. No reseeding will be done1 natural vegetation will be encouraged in all disturbed areas.
b. Top soil will be stripped and placed around buildi ng site to be used for final grade .
c. Weed Management Plan : No weed management plan is required, we will not be disturbing more
than one acre .
d. A revegetation security is not required.
G. Impact Analysis:
The proposed single family dwelling will not make a significant impact to specific features of the site.
The adjacent properties are home sites, vacant land owned by Colorado Mountain College, and BLM,
therefore no impact analysis is required.
M . Water Supply and Distribution Plan:
The information for the water supply and distribution is contained in the Westhoff Baker Ranch
Membership Association packet attached.
February 4, 2015
Paul & Lori Westhoff
P.0 Box 3261
Glenwood Springs, CO 81602
Westhoff Baker Ranch Members Association
P.O. Box 2464
Glenwood Springs, CO 81602
Re: Basalr Warer Conservancy District/We~thoff Baker Ranch
Dear Pnul & Loci,
At the annual meeting of the Westhoff Baker Ranch Members Associ:uion (WBR.MA) held r-cbruary
3rd, 2015 the members approved rhe application for inclusion in rhe Basalt Warer Cooset-vancy
Districts 02CW77 U mbrella Plan and on April 14, 2015 the Board or directors of the Basalt Water
Conservancy District (BWCD) approved our application and awarded contrllct No. 650.
This contract provides legal water for Accessory Dwelling Units 011 each of the 7 parcels included in
the association .
Please note that in accordance with the BWCD contract all water tights reside with the WBfilvlA and
are administered by the WBRMA.
The WBRMA has in place a mooitonng and maintenance plan m maintain adequate water supply for
all parcels and provide supplemental water if required.
Attached is a copy of the con.tract for yo ur records.
Please advise roe if additional information is required.
President Westhoff Baker Ranch Members association.
Attachments: BWCD water allotment contract.
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 650
Pursuant to C.R.S. § 37-45-131
WESTHOFF BAKER RANCH MEMBERSASSOCIA TION (hereinafter "Applicant")
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
Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial
use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By
execution of this Contract, Appli cant agrees to the following terms and conditions and
those certain terms and conditions set forth in the attached Order, which is fully
mcorporated as a part of this Contract:
1. QUANTITY: ln consideration of the covenants and conditions herein
contained, Applicant shall be entitled to receive and apply to beneficial use 0.067 cubic feet
of water per second from the District's direct flow rights and 4.4 acre feet per year of
storage or other augmentation water owned or controlled by the District. Appl icant shall
restrict actual diversions and consumptive use under this Contract to these amounts. The
Contract amount is based on the water requirements table attached hereto as Exhibit B.
Any increase or change in the water requirements to be served by the District will require
an amendment to the subject Contract.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract sha ll be from the District's water rights decreed to the Basalt Conduit, Landis
Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water
rights hereafter acquired by the District, including the District's right to receive storage
water from Ruedi Reservoir and G1·een Mountain 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 a ll terms and conditions imposed by the Water Court on the use
of the District's said rights. Exchange or augmentation releases made from the District's
storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the
District sha1l 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 Djstrict's storage rights in Ruedi or Green
Mountain 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.
Releases from other facilities available to the District shall be subject to the contracts, laws,
rules, and regulations governing releases therefrom. Furthermore, the District hereby
expressly reserves the right to s tore water and lo make exd1ange releases from s tructures
2015·4 ·13Cunt1."1 "lu. o~''"' I
that may be built or controlled by the District in the future, so long as the water service to
the Applicant pursuant to this agreement is not impaired by said action.
3. At Applicant's request, this water allotment contract supply and applicant's
structure(s) benefited hereunder have been included in the District's umbrelJa plan for
augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay
$3,000.00 as its pro ratn share of the costs and expenses inCLured by the District to obtain the
Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed
in writing by the parties, which amount is based on and linuted to the type(s) and amount
of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract.
4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights
allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point
of diversion under the District's direct flow water rights and/or for use by augmentation or
exchange. Applicant will use the water allotted by the District within or through facilities
or upon lands owned, operated, or served by Applicant, which lands are 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:
___LDomestic/Municipal __ Jndustrial __ Commercial __ Agricultural __ Other
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 js
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 bow1daries of the District.
Any quantity of the Applicant's allocation not delivered to or used by Applicant by
the end of ead1 water year shall revert to the water supplies of the District. Such reversion
shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water
available in priority at the origina] 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
2015+11 Co11 1rnct Nu &Sil doc 2
greater amount at new or alternate points of diversion. The District shall request the
Colorado State Engineer to estimate any co n veyance losses between the originaJ 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 avai lable 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 institute any legal proceedings for the approval
of an augmentation plan and/or any change to an alternate point of diversion of the
District's water right to allow the Applicant to utilize the water allotted hereunder, the
Applicant shall give the District written notice of such intent In the event the Applicant
develops and adjudicates an alternate point of diversion and/or 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 application for change of water
right, and/or augmentation plan or other water supply p lan involving the District's rights,
and the Applicant shall provide the District copies of such application and of all pleadings
and other papers filed with the Water Court in the adjudication thereof.
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 allotment of water rights hereunder, including, but not limited to,
reimbursement of legaJ 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 the structures, works
and facilities, if any, necessary to utilize the District's water rights allotted hereunder for
Applicant's beneficial use.
5. 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. Payment of the annual fee shall be made, in full, within fifteen (15) days after the
date of a notice from the District that the 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 i s applicable to that year. If a payment is not made by the due date, a
late fee of $50 (or such other amount as the Board may set from time to time) will be
assessed and final written notice of the delinquent account and late fee assessment will be
2015-1·13 Col\lrJet No 65" do< 3
sent by the District to the Applicant at Applicant's address set forth below. 1f payment is
not made within thirty (30) days after said final written notice, the District may, at its
option, elect to terminate all of the Applicant's 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 fa i ls 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.
6. 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 fa il ure of Applicant to
maintain the payments herein required on a current basis.
7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purpos~s 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.
Upon the sale of the real property to which this Contract pertains, Applicant has a
duty to make the buyer aware of this Contract and the need to assign the Contract to the
buyer. However, prior written approval of the Board of Directors of the District is required
before the assignment is effective. Payment of an assignment fee in an amount determined
by the Board shall be required as a prerequisite to approval of the assignment.
Tn 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
O"Wnership interest1 the Applicant may assign the Applicant's rights hereunder only to a
homeowners association, water district, water and sanitation district or other special
district, or other entity properly organized and existing under and by virtue of the laws of
the State of Colorado, and then only if such association, entity 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
20IS+D Cu11ll•<l Nu. o.50.Joc 4
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 has adopted or may hereafter adopt
regarding assignment of Contract rights and the assumphon of Contract obligations by
assignees and successors, provided that such requirements shall tmiformJy apply to all
a ll ottees 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 nil o r any part of the Applicant's covenants and
agreements herein contained.
8. 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 wa ter
users receiving the same service from the District. Applicant shall a lso be bound by all
applicable law, including, for example, 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
p lumbing 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 .
9. CURTAILMENT OF USE: The water service provided hereunder is expressly
s ubject to the provisions of that certain Stipulation in Case No. 81 CW253 on file in the
District Court in Water Division 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 Stjpulation.
IO. OPERA TTON AND MAINTENANCE AGREEMENT: Applicant shall enter
into an "Operation and Maintenance Agreement" with the District if and when the Board of
Directors fu1ds 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 o f 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 DislTict services and for
additional administration, operation and maintenance cost s, or for other costs to the
District which may arise through services made available to the Applicant.
!015-·I · 13 Cont,.1<1 Nu 6.50.J uc 5
11. 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.
12. 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.
13. NO FEE TITLE: lt 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 A pp Ii cant is entitled to the right to use the water right
allotted hereunder, subject to the limitations, obligations and conditions of this Contract.
14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT.
Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army
Corps of Engineers to complete any Section 404 compliance that may be required as a result
of the construction of any facilities necessary to use contract water.
15. 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.
16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant
must provide to District a copy of Applicant's valid well permit before the District is
obligated to deliver any water herermder, and it is the Applicant's continuous duty to
maintain a valid well permit. Applicant shaU aJso comply with all restrictions and
limitations set forth in the well permit obtained from the Colorado Division of Water
Resources. Applicant must comply with the well-spacing requirements set forth in C.R.S.
§37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria
shall be an express condition of the extension of service hereunder, and the District shall in
no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in
a conspicuous place with the permit number.
17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately
measure at all times all water diverted pursuant to the terms of Applicant's water right and
1tlt;>-i·l3 Luntrnd Nu 1)50.<lo< 6
the terms of this Contract. On or before November 15 of each year, Applicant will provide
accurate readings from such device or meter (recorded on a monthly basis for the period
November 1 through October 30 of each year) to District, the Division Engineer and Water
Commissioner. Applicant acknowledges that failure to comply with this paragraph could
result in legal action to terminate Applicant's diversion of water by the State of Colorado
Division of Water Resources. By signing this Contract, Applicant hereby specifically allows
District, through its auth orized agent, to enter upon Applicant's property during ordinary
business hours for the purposes of determining Applicant's actual use of water.
18. CONTRACT TERMTNA TION:
A. Termination by District:
I. The D istrict may terminate this Contract for any violation or
breach of the terms of this Contract by Applicant, or Applicant's
breach of any other contract with the District.
2. The District may terminate this Cpntract if, in its discretion, any
judicial or administrative proceedings initiated by Applicant threaten
the District's authority to contract for delivery or use of the District's
water rights, or threaten the District's per mits, water rights, or other
interests of the District.
B. Termination by Applicant:
1. Applicant may terminate this Contract in its entirety for any
reason by notifying the District in writing of the termination on or
before April 1. Notice by said date will prevent the Applicant's
liability for the next annual contract charge.
19. RECORD ING OF MEMORANDUM: ln lieu of recording this Water
All otment Contract, a Memorandum of Water Allotment Contract will be recorded with
the Garfield County Cl erk and Recorder's Office. The costs of recording the Memorandum
shall be paid by Applicant.
~O 1;;..;.13 Cumra<t No o.ill due 7
Applicant's Address:
P.O. Box 2464
Glenwood Springs, CO 81602
Telephone No.: (970) 987-1757
ST A TE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
APPLICANT:
WESTHOFF BAKER RANCH MEMBERS
ASSO~
By:.~-+--.,,<---------====----
Andy Westhoff, President
Subscribed and sworn to before me this {( day of __ 1_~_\ _ _,c...,_ __ __.I 2015,
by Andy Westhoff as President of Westhoff Baker Ranch Members ASs'ociation.
WITNESS my hand and official seal.
My commission expires:
US4UNDEIW "°"""' PU9UD ITlllre OF CX>C.OWlO
w~~DJ!B403SIWI
1U1S-l-i3 Conl r~C( No b50.duc
Notary Public
8
BCXINDARY
A puceJ ot lard situated in portions or tot. 24 end 15 ot See. .... an 1, md tote
JO, Jl. ard 12. t.he southeast CSl9"'qUilrter ot the Sout~t ~ (SEJ/4
SWl/4 J, the Northealst anit-qUarter ot the Soutt..est cne-quarter (HE1/4 ~l/41 ,
ard the Nort~t me-quarter ot ~ Southeeet aw-quarter (PMJ/4 SEl/4) ot
f.e<:tim a . TawnshJp 7 South, RalV!' 88 Neat of the &th Principal M!tr1d1an,
county ot Gilrt.teld, Stat• of Colora:kl, being mm. pu-tJc:ularly d.9crJbad -
fo1lew9:
Hot4t : 1ht basJ• ot beerJrv.t tor title deeerJptJcrw ehall be sas•s.s•oo-w between
thlt U.S . O.L .o. bra'8 car at the South ane-querter amwr and the GarfJeld
County SU!Yeyor'• W-car tor the Southtimt earner of Aid SectlCS\ l!I, fourd
tn place.
Beginning at the South one-quarter comer ot ea.td s.ctJan e, a a.L.O. m.. cep
fourd ln place:
thence alang the South line ot the Soutl-HMt cne-quarter ot NJd Secticn a,
sse•55•oo"W, 19:50.1!5 feet to the But line ot a pm-eel cited Jn the ft!ccrd ..
tM Henry Wllltz ranch, P .!. No. 128&, lllClll'Ul'lented with a U.S. ~ at Lan!
twnagment cadastnal SUrYey al\ft!mn pipe/cap fQ.Oi Jn place:
ttienc:e alcq;i A.id East li,., HOO•oo•oo•z, a1s.oo feet to the Nortt...t camer-
of saJd rw>ch;
thence al~ the North line of uid ranch, ff90•oo 1 oo"W , 643 .!0 feet to the West
Une of .. td Scuttweet one-quarter, a 8.L .M. •l1.111Jmn pipe/cap found Jn pJace:
thence ocnt1milno alang eaJd North JJrw, H90•oo•oo"W, 1323.H t .. t to the
Soutt'N!et (:Qrntr or ea id tot 14 :
thence •lono the W!Nt l.tne of .. Jd tot 14, N00•33•00 .. !, 300.00 feet:
:i thence tf9o•oo•oo"W . 346 .04 feet to the Euterly rJght-ot....y lJne or County
lbm5 no u conetl'lcted, Mid rJght~t~ bel~ COl'M9\'9d 1n a deed recorded at
lleaoptlan No. 102744:
t~ alcirq Mid right~t .... y line, Ns9•42•11-z, na .39 feet:
thence •lc:n.;J eald right ~f-..y line, 187 . UI feet along the arc ot • tmlgent
CID'Ye. to the left , wlth • radhw of 109.00 feet , a central angle of 97•52 •32•,
It'd a chord bearing of H1s•45•56"!, 151.27 feet , to a point of nan-tangency on
th! Southerly lJne ot a parcel of lan:2 describll'Jd 1n Reception No. 264408:
t~ •lonr.J eaJd Southerly lJne, H90•oo•oo "E, 10.0& feet:
thl!noe •lCl"O .. 1d ~therly line, ff68•02'25"E . 104.92 feet:
thenc8 •lona .. Jd Southerly lJne. N20•15•'1"~. 111.13 f.et :
~ •lcnJ .. Jd Southerly Hne. Nu•s1 1 '8"!, i:se .66 r-.t:
thence le.vlng Nld Sout:harly Une, Hla•09•42W£, 166 .97 teet:
thienc9 N69.59'31"E, 209,98 feetJ
thenc:9 Ht1•29•41•£, 96.cn feet:
thence ffl9•S<J 1 14"E, 137.07 t .. t to tt.. Southerly lJrw of • pu'Q91 of lan:2
de9cr1bed Sn Reoei>t1on No. 331973;
the:nce •lcro NJd Southerly lJns, see•49 1 00"!, au. 70 feet to the West Una ot
the SouttMnt one-quarter of .. Jd Section e:
th£nce along Nld Soutt.rly lJne, ard c:ant1nulng alona the Southerly lJnee ot
tho9e pa.reel• ot land dMC'l"Jbed tn ReoeptJon No'•· 348680 and 401264,
HllS-49'05"E, 994.04 feet to ttw Southaut comer of Aid percel described Sn
Reception No. 401264;
thrnce alcng the East Une of .. td parcel, HOQ•39' 15"!, 699. 21 feet to the
North Urw or N1d SoUtn-.t anit-qUarter;
thenc:i9 alcng .. id North Une, N8r49'05"E, 1581.911 feet to tt'e Northeaet comer
of AJd Sout~t ~. ld"lmll!!nted with. B.L.M. c.dlietral SUrvay
almlmaa pJpe/c:mp fOund in place:
ttr.nc:e NSl.48'31"!!, 1303.95 feet to the Nort.tma.t oomer of tt'e Norttw:st ~
quarter ot tM Southeast are-quarter ot ea.id s.c:ticn I, mcnum:nted N1 th •
B.t.H. •l\lllJm.n pis;e/c:ap ton! in place:
thence alaig the East line ot •id Hort.tNeet ~ ot the Southeast cnt-
• quarter and tot 12 Of AJd sec:tJ.on 8, S00•24 '20"~, 2282 .09 feet to the
.. Northerly angle point ot Lot 1' of Nld S.C:t1an I, w:ll"Um!ftted wJth • B.L.M.
al\111.Jrua pJpe/cap found Jn plaoe;
thence along the Nortt..9aterly Ure ot· -id Lot 1', se9•47•2o"W , 1,9 . ll reet t-o
the 1brt2'Neet c:onwr ot ea.id Lot H, 1DUDMtted with a a .r..H. •hn1rua ptpe/car
fourd Jn place:
thence •loria the West line ot .-Jd Lot 14. soo• •o • 30"!. 287 . ie fetrt to tte
SoUtl'Mlet oomer of uid Lot 1', IOUlll!nUd tdth • 8.L.M. al\AJrua pJpt/cari
found Jn place:
the'nClt along the Sc:Nth line of ea.id Lot 12, sea•30•19"W, 1161 .26 feet to the
Point of Beginning.
O::ntaJning 235.898 scree, .:mt or leee.
!>teeptJ no thi!re t rcn tbt r Jght-of--Y ot Ocunty Rload H • , anS • pe rce l of lan:2
cMec:rit.s Jn • a.d NCOZdiid at IWcli9ptJm No. 374780.
r:.. ... -.. .. ,.. . r;:::.
EXHIBIT "A"
Water User · Westhoff Baker Rcinch Memb ers Assoc.
Analysis Dale : Februarv 9 . 2Q15
~lri cthea A
Source Series: 1
Maximum Demand: 30 0.067
(GPM) (CFS)
BASALl
I
WAl ER CONSERVANCY DISTRICT
WATER REQUIREMENTS
(acre feet)
To bo entered In BWCO Databe&e
Summarv of Deni.lion In Area A and Are• B
Tota l Demand .. Area AIB Coos1JmPl1Ve Use
(1) (2) (3) (4 ) {5) (6) .. (7) ~(8) "(9} .. (10) .. (11)
Domestic Commercial lawn Crop Dome5tlc Commerctal Lawn Crop
Month In-house or Other lniaatioo lrrioallon l ivestock TOTAL In-house or Other lmaahon lmgatlon Llveslocll
January 0 .466 0 .000 0.000 0000 0078 05'C5 0252 0000 0 016 0000 0082
February 0.421 0 .000 0 .000 0000 0071 0492 0.227 0000 0016 0000 0074
March 0.466 0000 0 .000 0.000 0078 0 .546 0252 0000 0.017 0000 0082
April 0.451 0000 0 .016 0000 0.076 0543 0244 0000 0 .024 0000 0000
May 0 .466 0 000 0 .079 0000 0.078 0623 0.252 0000 O.G52 0000 0082
June 0 451 0000 0.097 0000 0.076 062.4 0.2« 0000 0.061 0000 0080
Jufy 0 .466 0000 0 .093 0000 O.Q78 0638 0.252 0000 0 (}59 0000 0082
Aug11st 0 .466 0000 0057 0000 0.o78 0601 0252 0000 0042 0000 0.082
September 0 .451 0 .000 0.052 0 000 0.076 0579 0.244 0000 0040 0 000 0080
Octot>et 04.66 0000 0.019 0 000 0.078 o~ 0.252 0000 0025 0000 0062
November 0.451 0000 0.000 0000 0.076 0 627 0.244 0000 0016 0000 0080
Oecembe1 0466 0000 0000 0 000 0078 05'C5 0 .252 0 000 0016 0000 0082
fOTALS -> 5 488 0000 0 4 13 0000 092'4 6825 2963 0 000 0 384 0000 0970
Nole Thts 1s a summary of A1ea A ancl Area B po111ons ot trle c0t1tr act
••Based on diversions foc Area B por11on of the con tract S~t. transl! loss apphed to Area A and B poftKM'l,s of the r.ontr llt1
"(12) {131 "(,4)
Sourceot Delayed
TOTAL Aua/R..nlace DeoleUon
035() RUE 0.364
0316 RUE 0.354
0.351 RUE 0.361
0.348 RUE 0.35'i
0.386 RUE 0.355
03B4 RUE 0.349
0393 RUE 0.365
0376 RUE 0.3SS
0363 RUE 0.3S7
0359 RUE 0.36&
0339 RUE 0.369
0350 RUE 0.376
4.318 4.318
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
WESTHOFF BAKER RANCH MEMBERS ASSOCIATION
CONTRACT NO. 650
Application having been made by or on behalf of WESTHOFF BAKER RANCH
MEMBERS ASSOCIATION and hearing on said Application having been duly held, it is
hereby ordered that said Application be granted and that the attached Water Allotment
Contract for0.067 cubic feet of water per second from the District's direct flow rights and 4.4
acre feet per year of storage/augmentation 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 attached Contract, upon the terms,
conditions and manner of payment as therein specified and subject to the fo!lm.ving specific
cond itions;
1. The Applicant has acknowledged that the land to be benefited by the attached
Contract is described on Exhibit A attached hereto and incorporated herein by this
reference.
2. ln the event of the division of the property served by this Contract into two or
more parcels owned by different persons, the Appli.cant s h all establish a Homeowners
Association or other entity acceptable to the District for the ongoing payment of charges
due under the approved Contract following subdivision of the property. The Applicant
shall give notice to purchasers of aU or any part of the subject properly 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 its successors and assigns shall comply with all
mies and regulations now existing or hereafter adopted by the District, including enforcing
payment of charges due under the approved Contract by present and future owners of all
OI' any part of the real property served under this Contract.
3. The Applicant s hall maintain its Association in good standing and shall be
responsible for the ongoing payment of charges due under the approved Contract.
Applicant shall give notice of the obligations of tlus Contract to purchasers of all or any
part of the property served by this Contract. Applicant and its 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 aJJ or any part of the real property served under this Contract.
!lll~·l •IJ OrJca h> Contmcl '.\J o 1>50,dnc -l -
4. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual
water service charge for such water allotment.
5. Applicant has represented to the District that the proposed use of the land to
be benefited by the water allotted hereunder has been approved by the applicable
governmentaJ authorities having jurisdiction over such land use and by executing the
attached water allotment contract warrants to the District that the lot or parcel to be
benefited hereunder is legally subdivided.
6. Any well permits issued on the basis of this A llotment Contract shall be
applied for and issued in the name of the Homeowners Association.
7. At Applicant's request, this water allotment contract supply and Applicant's
structure(s) benefited hereunder have been included in the District's umbrella plan for
augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). AppLicant agrees to pay
$3,000.00 as its pro rata share of the costs and expenses incurred by the District to obtain the
Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed
in writing by the parties, which amount is based on and limited to the type(s) and amount
of W\lter use made by Applkant as detailed in Ex hibit B to the Water Allotment Contract.
8. This Contract is conditioned upon and water may be delivered hereunder
only in conformity with a water rights plan of augmentation decreed by the Water Court of
Water Division No. 5. Any and all conditions imposed upon the release and diversion of
the water allotted hereunder in the decree of said Water Court shall be incorporated herein
as a condition of approval of this Contract. Granting of this Allotment Contract does not
constitute the District's representation that the Applicant will receive a well permit or water
rights decree for the land to be benefited hereby.
9. lf Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit for each such well before the
District is obligated to deliver water for the benefit of Applicant hereunder. Applkant
must comply vvith the well-spacing requirements set forU1 in C.R.S. §37-90-137, as
amended, if applicable. Compliance with said statutory well-spacing criteria shall be an
express condition of the extension of service hereunder, and the District s hall in no way be
liable for an Applicant's failure to comply.
10. The District may establish an augmentation plan fee to be paid by the holder
of any contract to be benefited by a plan for augmentation filed by the District, which fee
2015•1•ll O r k r hi \'.'o1n 1""1 Ncr nSO d1•• -2 -
shaH be payable within thirty (30) days following the District's statement(s) to the
Applicant and may be based on the District's good faith estimate of the anticipated expense
of such plan of augmentation. If such augmentation plan fee paid by a Contract holder
exceeds the Contract holder's prorata portion of the actual expenses incurred by the District
in completing said plan of augmentation, the District shall refund such excess to the
Contract holder.
Approved trus I ~ day of April, 2015.
BASALT WATER CONSERVANCY DISTRICT
Attest: .,
By:~--=-==--->H-Yn_~.1.11----.1-~I ~_;__~~~~~ S~L u· cott es e,
Secretary to the Meeting
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A parcel of lar¥1 situated 1n pn-tJons ot tote 14 an1 1' of Sec~~cm 7, ard lot•
JO, J J, aid 12, the southeut ~ter of the Saut....,t one-quarter (S21/4
Sfil/4), the Northeast ~er Of the Soutl'Nest c:ine-quarter (HEl/4 SW11•),
ard the Nort~t ~rter ot the Southeut ~rter ('*'11• SEJ/4) of
SectJon e. Tb«lsMp 7 South, Rmve 88 Wetlt of the 6th Principal HltridJan,
County ot Garfield, State of Colondo, being mo:r. fal"tJeularly d99ct'Jb9d ..
rollcwt:
Note: 1he bu 1 e o t bearJ tv.' for thle deecr J ptJ on11 shall be S88 • !5!1 • OO"W be twDcn
the U. s. O,L.O. br1199 cap at the South one-quarter ~r e.rd the oartJeld
County S\U"VWyor'• brue C9l' far the Soutn...t cxmwr or e.atd Section e, tomd
in plaoe.
Beg1nn1no at the South ane--quarter comer of MJd ~Jen e, a o.L.o. tin. cap
tourd ln place:
thence along the South line of the SoutlMeat ~ter of .. Jd Sectian e,
saa•s!l'OO"W, 19!10.1!5 feet to the !ut line of a parcel cited in the record •
the Henry Wal t'% ranch, P. E. Ho. 1286, Jl'IClll"l\neTted with a U.S. eure.u of Land
~~t c:adastral survey alumJmn pipe/cap found Jn place:
thence along Mid East line, HOO•oo•oo-z, 9Jl5.00 feet to thlll Horthaut cornsr
ot s.1d ranch;
thenc:e along the Horth lJne of aa1d nanch, N9o•oo•oonw, 643.!50 feet to tt. West
lJne of -sd Southweet ~rter. a B.L.H. alunJmn pJre/cap f~ in pJaoe:
~ c:icntinulng along -id tlorth lJne, ff9CJ•oo•oo"W, J323.89 f"t to the
~tt..ieet m~r of Aid Lot 14:
thence alcma the WNt Une of Mid Lot 14, NOQ•33•oo'"E, 300.00 feet:
~
1
thence ff9o•oo•oo"w, 346.0C teet to the !uterly rJoht~f....-y lJn. of County
Road 110 u c:awtructed, Aid right~r_,.y beirv cu1""')"19d 1n a deed recorded at
Jteapttcn tb. 102'744;
thence alaig said rJght-ot-..ay line, N~9·42 1 1t"!, J28.39 feet;
thence alcnr;J Mid right-of-.y line, 167 .18 feet a1Ql1G the arc of a tafV9nt
C\U'W to the Jett. with a rad1ue of 109.00 feet, a centrwl angle ot 97•52•32",
ltd a chord beartng of Hts•45 •s&"E, 151.27 feet, to a point of nan-tangency en
t~ !<lllt~rly Hne of a parcel of lend described ln Recf!tlt1al Ho. 26U08:
t~ alcnrJ .atd Southerly 1Jne, tf90•oo•oo"E. J0.06 feet:
thence alcro utd Southerly Une, N&1•02•2s"!, 104.92 feet:
thm:e •lcnrJ •Jd Southerly line. H20•1!1''1"!, 171.13 feet:
~ alc:ni .. id Southerly line. t143•51 •4s·z. 131.66 r~t;
Uma 1.-vJng •.Id Southtrly Una, N71•09•42"E, 166.97 feet:
thence NG9•s9•31~E. 209.98 feeti
theoe9 H47.29'4t"!, 95.02 feet;
thence N1t•so'H"E. 131.07 feet to ttw Southerly 11.m ot • pu"C9l of lan!
deecrlbl!'d ln Reception No. 331913:
thence •lcnJ aaJd Southerly line, ses•4s'oo"!, su. 70 feet to ttw West line ot
the Soutt'Mnt one-quarter of .. sd secttcn 8;
t}wnc9 along Ntd Soatherly line, and cantinuing aJcrtCI the Southerly lh'IC'9 or
thr:llM pueel• of land d .. crJbed 1n 'Reception Ho'•· 348680 and 401264,
N8'9949'05"E, 994.04 feet to the Sout::heut comer of aid parcel deecribtd Jn
Rec:eptian No. 40126':
t'1ence along the East line of •id parcel , N00•3sl' U"'!, ggg. 21 feet to the
North Une of -id Soutl'lelt c:nt-qUarter:
thencle along Aid North Unit, ff8e•49•os•E. 1!581.811 feet to the Ho!'theast comer
of .. Jd Soutt'Neet one-quarter, .:nanented w.Sth. B.L.H. C.S..tn.l SUrYey
alllllinm pJpe/cap found 1n place: u..nc:e N1e•49•31"E, 1303 .96 feet to the Northeut comer of the Norttw.ieet ~
quarter ot tht Southea:9t ~rte!' ot •id Secticn a, la'IUllll!nted wJth a
e.L.H. al\.llllmn p.tpe/c:ap found 1n place:
t:hl!'nce almg the East l.tne of •id Nor1:J'M:et ane-qaarter-of the SOUtheMt cnt-
• quarter e.rd tot 12 ot •id Secticm a. soo•24 1 20·~. 2282.09 feet to the
.. Northerly angle point of tot 14 of aid Section a, ~ted W.Sth a 8.L.H.
altaln\91 pJpe/c::ap found Jn place'
t~ along the Nortt'N99terly 11.ne of' -id Cot H, SG9.47'20"W, 1~9.18 reoet ~o
thlt NorttN!et comer ot -.Sd tot H, ........,ted With • 8.L.H. •hnimm pJpe/car
found In place:
thenee •lgng the Weet l~ ot -.Jd tot H, soo• co• JO"!, 287. ia fee't to the
SaUt.J"Hest conwr ot Aid tot 1', lllCIUlll!nted With a 8 .L.H. ahaJrua pJpe/cap
found in place:
then09 along the Sol.Ith Hn1 of •id tot 12, sea•30• 1t"W, 1167 .2s feet to the
Point of Beg1nn1f11·
caita.SnirG 236.891 acre9, mre or leM.
!)ct:leptJng thltref rcn tM right~f-v of Ccunty Rl-5 114, and • s:-rca 1 of land
6"Cribed Jn • doMd twCJ01dlld at Rilci9pt1m ND. :nneo.
£:'"""".'."*'" _ ... ~
EXHIBIT "A"
N. Wastewater Management and System Plan :
A septic system with leach field will be installed on the site for wastewater management. Soll
percolation tests on site conclude septic system will acceptable .
~:JI\"I DUAL SEWAGE DISPOSAL SYSTEM APPLICATION
-OD RESS t??% 6'.tzh.IQ A-'Jr;-Jl.1z.7 4W~
CONTRACTOR._-=~~:..:....::..~..__------~~~~~~~~~~~
PHONE -----
PERMIT REQUEST FOR (~NEW INSTALLATION ( ) AL TERA TION ( ) REPAIR
Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable
building, location of potable water wells, soil percolation test holes, soil profil~s in test holes (See page 4).
LOCATION OF PROPOSED FACILITY:
Near what City ofTown. __ -'4~~-~~~· ~rO~-"--s ..... e ....... t?-'>M:i::Z--"-'"'~· _____ Size of Lot 57.14'7 A~
Legal Description or Address_~?-~--~~~~ ......... ~--------------------.
WASTES TYPE: (vYOWELLING ( ) TRANSIENT l!SE
( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES
()OTHER-DESCRIBE _______________ _
BUILDING OR SER VICE TYPE:
------------------------~
Number of Bedrooms .Z... Number of Persons 2--------------------
( ) Garbage Grinder ( ) Automatic Washer
SOURCE AND TYPE OF WATER SUPPLY: (.....,..wELL
If supplied by C ommunity Water, give name of supplier:
( ) Dishwasher
( ) SPRING ( ) STREAM OR CREEK
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: I 1 ~ rt41-u:;--:?;:.
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Was an effort made to connect to the Community System? -~»o _____________ _
A site plan is required to be submitted that indicates the followin~ MINIMUM distances:
Leach Field to Well: 100 feet
Septic Tank to WelJ: 50 feet
Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet
Septic System (septic tank & disposal field) to Property Lines: 10 feet
YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT
A SITE PLAN.
GRO UND CONDITIONS:
Depth to fi rst Ground Water Table
Percent Ground Slope __ _;;,_O_"'e,"-\'>"""""'Z'"""-.._:> -----------------------
2
.A"f. OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
~ v{ SEPTIC TANK ( ) AERATION PLANT ( ) VACLT
( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLTNG. POT . .\BL!:: :..·s=
( ) P IT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER ~-s::::
( ) CHEMICAL TOILET( ) OTHER-DESCRIBE
FINAL DISPOSAL BY:
(vf ABSORPTION TRE~-cH. BED OR PIT ( ) EV APOTRANSPIRA Tro:--.·
( ) UNDERGROl'ND DISPERSAL ( ) SAND FILTER
( ) ABOVE GROL~TD DISPERSAL ( ) WASTEWATER POND
( OTHER-DESCRIBE
WILL EFFLUENT BE DISCHARGED DIRECTLY fNTO WATERS OF THE STATE? tJ c
PERCOLATION TEST RESULTS: (To be completed by Registered Profession al Engineer, if the Engineer does the
Percolation Test)
Minutes ~
Minutes 4o
per inch in hole No. I
per inch in hole No. 2
Minutes _ ____.4~0 __ ____,,per inch in hole No. 3
Minutes per inch in hole No._
Name. address and telephone ofRPE who made soil a b sorption tests: HP-6>e-o ll!'"<=-H ?1J-ZV c::L>· ~P ;z;+
a.~? 'f .....S -1et £it,
Name, address and telephone ofRPE responsible for design of the system: ---'"-IJ_.A ___ . ______ _
Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and
additional tests and reports as may be required by the local health department to be made and furnished by the applicant
or by the local health department for purposed of the evaluation of the applicati on; and the issuance of the permit is
subject to such terms and conditions as deemed necessary to insure compli ance with rules and regulations made,
information and reports submitted herewith and required to be submitted by the applicant are or will be represented to
be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of
health in evaluating the same for purposes of issuing the pennit applied for herein. I further understand that any
falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based
upon sajd application and in legal action for perjury as provided by law.
Signed /'1 ~ Date f-(,,-i!Jt;;
PLEASE D~CCURATEM);iTo YOUR PROPERT_Y_! ,---------
3
l. Traffic Study:
Assessment of traffic impact from this proposed single family dwelling is approximately three cars with
three round trips maximum daily (9.57 ADT). With this information and use of an existing private drive
from CR 114 a traffic study is not required.
Garfield County
Community Development Department
To Whom It May Concern,
The request for waivers regarding the Development Agreement, Landscape Plan, and Improvement
Agreement are such that there is no need for them on this proposed si ngle family dwelling project.
PaulHWesthoff ~ ~4
Lori~ Westho~, J! ';JY~
C 1/4 CORNER Sa'. 8
' 186.18
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~ /\\ ~ '," -OUN TY ROAD 114 J J } i ' "'I< (60 ROW-REC. NO 102744) I I
~89 ' 5 '40 w
.430 00'
WAJ[R STMACC _/
F AOLJ TY £ASflJ£N T
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£A SE:MEN r DO NO I J74780
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Id-/ 10 j113
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/ r ARCEL
1.5e~ 77 l s· ::
3!) 945 A :t
/t 2 ~ MOE" WA Tf"' INt. f .ASfUE~T
_,.., "OC. N•, 374 7 '10
(L 20' POttfRUN( E!S!UENT _J . .!.
H<l. Y CRO!>S El.£C TRIC .AS~~
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% 1 · I \ <'.J' • r W.A 1£1\> STORAGE
'<J' ... Ji \ ' I FA Cll.J TY f.ASffJENT 1039.56' V,,.> I I --+-·____;,~=--~---6 ...... 90~--...t,I /~~ L L1 L2, LJ
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» 20 PO'ttfRUNE £AS£UfNT
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Roadway Standards/Section 7-107:
• The designed capacity of the driveway falls into the primitive driveway standards of 0-20 ADT.
• Minimum ROW of the driveway is 15-30 feet and a 60 foot access and utility easement is
provided.
• The lane width is a single 12 foot lane.
• The shoulder width is O feet.
• Drainage ditches are not necessary, as the road is on the top of a ridge.
• The driveway is not on a cross slope and therefore meets the 2% standard.
• Minimum turning radius of 40 feet is maintained.
• The maximum percent grade does not exceed the 12% standard.
• The drive surface is %" road base.
" ' .. ' Entire.lot
Scale .l" 250'
60.00'
60' Ac¢SS
~IJ(lt
and UtlifY ~
'
No&t1.·
Accordinp lo Colorado law, vou mu.st com~e
any lsyal action 6ased upon anv d8/8cl in
HI.is survey wit/tin th.res years after you
ftrsf t:liscov~r such defect.. /n no event may
anv legal ac:Hon f;asgd upon anv di/ecf i ·n
lh'is survev be comm.enced nwre than ten y e ars
from IM dale of IAe cerfi.fioa/:ion shorun
hereon.
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7'U7'7'£..!i' SU.HY..!i'YIHC S..!i'.HYIC..!i'S
727 Blake A venue
Glenwood Sprin9s, Colorado 8 160 1
(970) 928-9708 (FAX 94 7 -9007)
Smail-,/11./'.l'Olas-ua. cmn
N89"J5'40"E
0
PARCE.£.1
.JS.945 ACRES
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IMPROVEMEJVT LOCAJ70JV CERJ7FICATE
PARCEL .I_, AMEHDED P.£AT WESTHOFF-.BAKER .RAHCH
SITUATED /H SECT/OH 7 AHD SECDOH ~ r. 7S._, .R.88W. OF THE 6TH P.M.
Lsach FWd
County o/ Ga(/ield_, State of Colorado.
GRAPlilC SCALE
kt;; i 'j i!----i-----·i
LEGEND AND NOTES:
-Iii /NO/CA TES FOUND MONUMENT AS D£SCR/BED
DA TE: OF SUR~: AUWST 20, 2015.
UNIT OF 11£ASUR£M£NT.· US SUR~ FOOT
8£tRINGS AR£ BASED UP<AV A FOUND '5 REBAR WTH R£0 PLAS71C CAP FOUND AT TH£ SOUTHffEST
CORNER OF PARCEL 1 ANO AT A POINT <AV TH£ HES7ERL Y UN£ OF SAID PARCEL 1
USING A BEARING OF N 00"24'20' W 8£1'K£N TH£ 7Jtt) DESCRIBED MONUMENTS.
-THIS SUR~ OO£S NOT R£PRES£NT A 717l£ SEARCH BY THIS SURVEYOR TO 0£7£RlllN£ OIW£RSHIP OR
TO O/SCO't£R £AS£AIENTS OR 07H£R ENCUMBRANCES OF RECORD. AU INFOl?ltlA llON PERTAINING TO
OIW£RSHIP, £AS£11£NTS OR OTHER ENCIJMBl?ANC£S OF RECORD HAS 8££N TAK£N FROM A PLAT PROV/0£0 BY
1H£ OWN£R.
lllPRO VE!t1£NT LOCA llON C£R71FTCA TC
IMPROVEMENT LOCATION CERTIFICATE
1834 County Road 114
Glenwood Spgs., Co. 81601
Drawn by: DMC
Date: 09-25-15
Z: \2015\WESTHOFF 1
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WESTHOFF OF 1