HomeMy WebLinkAbout2.0 CorrespondenceD. SANDER
0142 Peachblow Lane
BASALT, COLORADO 81621-9708
(970) 927-3427
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, Colorado 81601
Befolloao
LETTER
Date May 14, 1998
Subject
Re: Special Use Application of May 4, 1998 for Accessory Dwelling
Unit on Lot 2 of the Senor Mesa Subdivision Exemption.
Submitted herewith is a copy of the expanded Well Permit
#049807, dated May 5, 1998. This permit provides for the
legal water supply for 4 single-family dwelling unitils.
The well is shared equally by Lots 2 and 4 of Senor Mesa
Exemption.
I believe this completes allitems of information required
for this application.
❑ Please reply ❑ No reply necessary
Sincerely,
SIGNED
oriir
GWS u.
GWS -22 5
APPLICANT
jt -I IYjt= Lit 11 iL J $tU L. ttIvLeirer_1_1 t
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1herman St., Denver, Colorado 80203
(303) 886-3581
.>> (1 \Ohe
TRUST OF P WILLIAMS
0981 245 OAD
NEW CA LE CO 81647
•
LIC
WELL PERMIT NUMBER 1675'67
DIV. 5 CNTY. 23 WD 39 DES. BASIN
MD
PERMIT TO USE AN EXISTING WELL
Lot: Block: Filing: 5ubdly:
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 35
Twp 5 S RANGE 90 W 6th P.M,
DISTANCES FROM SECTION LINES
1500 Ft. from North Section Line
1370 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
Approved pursuant to CRS 37-92-602(3)(b)(II)(A) for the use of an existing well, constructed under file no. MH -
18029, and as the only well on a tract of land of 35,1 acres described as that portion of the NE 1/4 of Sec. 35,
Twp. 5 South, Rng. 90 West of the 6th P.M., Garfield County, being more particularly described on the attached
exhibit 'A'.
)
The use of ground water from this well is limited to fire protection, ordinary household purposes inside two (2)
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
9.1) 11-,)5"-
DIVISION
I-,)5
APPROVED
JD2
State Engineer
Receipt No. 0326188A
DATE ISSUED NOV 3 0 1992
DIVISION COPV
By
EXPIRATION DATE NOV 3 0 1994
,71
•
TRUSTEE'S DEED
THIS DEED is made by COLORADO NATIONAL BANK, formerly THE
COLORADO NATIONAL BANK OF DENVER, a national banking association
organized and doing business under the laws of the United States,
Trustee Under the Will of Henry P. Williams, Jr., Grantor, to
Dieter Sander and Carina Sander, Grantee, whose address is 0142
Peachblow Lane, Basalt, CO 81621.
WITNESSETH that Grantor, for and in consideration of the sum
of Sixty -Five Thousand and 00/100 Dollars ($65,000.00) and other
good and valuable consideration to Grantor, in hand paid by
Grantee, the receipt of which is hereby confessed and acknowledged,
does hereby sell, convey, assign, transfer and set over unto
Grantee, as joint tenants, the following described real property
situate in the County of Garfield, State of Colorado:
A tract of land situate in Section 35, Township 5 South, Range
90 West of the 6th P.M., being more particularly described as
follows:
Beginning at a point whence the North Quarter
Corner of said Section 35 bears N. 51 degrees
3'34" W. 1274.88 feet.
thence S. 89 degrees 31'58" E. 378.51 feet;
4pence S. 07 degrees 37'57" E. 522.76 feet;
Whence S. 00 degrees 33'15" W. 162.69 feet;
thence N. 85 degrees 19'52" W. 505.55 feet;
thence N. 12 degrees 31'28" E. 160.11 feet;
thence N. 02 degrees 41'01" E. 486.98 feet to the point
of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
SAID PARCEL IS SOMETIMES ALSO KNOWN AS:
LOT 2
SENOR MESA EXEMPTION
COUNTY OF GARFIELD
STATE OF COLORADO
Together with a non-exclusive easement for roadway access
and utility purposes to and from the above described
tract of land to and from the County Road contiguous to
the southerly boundary of the Senor Mesa Exemption, 35
feet in width, lying 17.5 feet on either side of the
roadway presently constructed and in use from said County
1
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Road to the above-described lands. Said easement is
granted and conveyed subject to and with the rights and
benefits of that certain Road Agreement for Senor Mesa
Exemption recorded as Reception No. 432968 in Book 826
at Page 912 of the records of Garfield County, Colorado.
Together with a non-exclusive easement for pedestrian and
equestrian access to and from the above described parcel
of land to and from the public domain lying northerly of
and contiguous to the northerly boundary of Lot 1 of the
Senor Mesa Exemption, said easement being over and across
said Lots 1 and 3 upon the roadway presently in place and
providing access to and from the Williams Canal subject
to the provisions of the aforesaid Road Agreement for
Senor Mesa Exemption.
Together with an easement over and across Lot 1 of Senor
Mesa Exemption for irrigation ditch and pedestrian access
purposes, 15 feet in width, lying7.5 feet on either side
of the existing laterals of the Virginia Ditch which
serves the lands hereby conveyed, as presently
constructed and in place.
Together with an undivided one-half (1/2)
Well No. 2 and the water rights appurtenant
as described in Water Well Agreement
Reception No. 430319 in Book 820 at Page
records, and subject to and with the rights
of said Water Well Agreement.
interest in
thereto, all
recorded as
520 of said
and benefits
Together with 0.10 cubic feet of water per second of time
of Priority No. 154BBA decreed to the Virginia Ditch,
said water right to be evidenced by shares of stock
equivalent thereto in the Williams Canal Company, a
Colorado corporation.
With all the appurtenances and privileges thereunto belonging
or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever of Grantor, either in law or
in equity, to the use and benefit of Grantee, as joint tenants,
their heirs and assigns forever, subject to the following:
The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvement area.
Right of the proprietor of a vein or lode to extract and
remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted, as
reserved in United States patent recorded November 15,
1898 in Book 12 at Page 496 as Reception No. 21320.
2
• •
Right of the proprietor of a vein or lode to extract and
remove his ore therefrom should the same be found to
penetrate or intersect the premises hereby granted, as
reserve in United States Patent recorded February 21,
1923 in Book 73 at page 131 as Reception No. 81827.
Right of way for ditches or canals constructed by the
authority of the United States, as reserved in United
States patent recorded February 21, 1823 in Book 73 at
Page 131 as Reception No. 81827.
Easement and right of way as granted to Mountain State
Telephone and Telegraph recorded November 17, 1911 in
Book 50 at Page 438 as Reception No. 43029.
Terms and Conditions of the County Subdivision Exemption
Resolution No. 91-096 recorded December 3, 1991 in Book
818 at Page 534 as Reception No. 429594 of said records.
Easements, rights of way for access, utilities, ditches,
roads and water lines as shown on the Senor Mesa
Exemption Plat recorded December 4, 1991 as Document No.
429625.
Terms and Conditions of the Water Well Agreement by and
between The Colorado National Bank of Denver as Trustee
under the Will of Henry P. Williams, Jr. and the other
parties owning land lying north or south of well,
recorded December 27, 1991 in Book 820 at Page 520 as
Reception No. 430319.
Terms, conditions and restrictions as contained in the
Protective Covenants of Senor Mesa Exemption recorded
March 26, 1992 in Book 826 at Page 907 as Reception No.
432967.
Terms and conditions of the Road Agreement Senor Mesa
Exemption by and between The Colorado National Bank of
Denver as Trustee under the Will of Henry P. Williams,
Jr. and Lee Finnell recorded March 26, 1992 in Book 826
at Page 912 as Reception No. 432968.
Right-of-way Agreement for irrigation ditch and siphon
purposes dated November 24, 1992, granted to Violet
Goodsell.
***and
TO HAVE AND TO HOLD the premises above bargained and
described, with the appurtenances unto Grantee their heirs and
assigns forever. And Grantor for itself and its successors
covenants and agrees to WARRANT AND FOREVER DEFEND Grantee, their
heirs and assigns in the quiet and peaceable possession of the
3
*** Subject to easement over and across Lot 2 Senor Mesa Exemption as
described in Quit Claim Deed dated July 1, 1992 recorded in Book 835
at Page 840 Reception No. 436438.
• •
above -bargained premises, against all and every person claiming the
whole or any part thereof by, through or under Grantor.
As used herein the singular includes the plural and the
masculine gender the feminine and neuter genders as the context may
require.
IN WITNESS WHEREOF, Grantor has caused its corporate name to
be hereunto subscribed by its Vice President, Homer L. Hancock, and
its corporate seal to be hereunto affixed, attested by its
Assistant Vice President, DerrickLW. Robinson.
EXECUTED: December /L1 /, 1992.
ATTEST:
By
Derrick W. Robinson
Assistant Vice President
STATE OF COLORADO
CITY AND COUNTY OF DENVER
) -
COLORADO NATIONAL BANK, formerly
THE COLORADO NATIONAL BANK
OF DENVER, Trustee Under the
Will of H'nry P. Wiljiams, Jr.
By: , ( ( 7 j:;i22/
Homer L. Hanco
Vice Pr
i.dent
The w/i,thl and foregoing instrument was acknowledged before
me this day of December, 1992, by Homer L. Hancock, Vice
President, and Derrick W. Robinson, Assistant Vice President of
Colorado National Bank, formerly The Colorado National Bank of
Denver, Trustee Under the Will of Henry P. Williams, Jr.
Witness my hand and official seal.
ission expires:
47 ()
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a
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Nota y Public
THE COLORADO NATIONAL BANK
OF DENVER
918 Sevynieenlll St.
Denvor, CO 80202
• •
SANDER PROPERTY 119
Mr. and Mrs. Michael Martucci
1721 Alamo Ave.
Colorado Springs, CO 80907
Mrs. Violet Mooney
0152 County Rd. 137
Glenwood Snrings, CO 81601
Mrs. Kathryn Williams
305 Maple St.
Glenwood Springs, CO 81601
Mr. and Mrs. Lee Finnell
PO Box 992
Glenwood Springs, CO 81602
121
062
118
120