HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945. 821 2 Facsimile: 97 O.384.347 0
www. oa rfield-co untv.co m
Special Use Permit
) Doc. No.:
) Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
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GENERAL INFORMAT!ON
(To be completed by the applicant.)
} Street Address / General Location of Property: r '7'7 7 Z
Mtut t,nsrzt, ( o 9/b4'r
} Existing Use & Size of Property in acres: ^1 ;*4 ,.r4lL-XZr-- |S-AC,*>
) Description of Special Use Requested: (t-.+ u O^a tr rc 4a rrse
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F Zone District: -i, i, (, f
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Name of Property Owner (Applicant) , . 4 ,f z<, y L <
Address:/ Telephond: <i? 4 - aza 5-
City: N Lca O 4<r-AL- State: CD Zip Code: gt A/ frex
D Name of Owner's Representative, if any (Attornev. Planner, etc):
F Address:Telephone:
) City:State:Zip Code:FAX:
Legal Description: ,,,| ,,;
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4.
5.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. ln addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. lf the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
Last Revised: 1 1 107 12002
GARFIELD COUNTY BUILDING AI{D PLAI{NING DEPARTMEI\T
AGREEME}IT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COIINTY) and
(hereinafter APPLICANT) agree as follows:
2. APPLICANT understands and agrees
establishes a fee schedule for each type of subdivision
administration cf the fee structure.
1. APPLICANT has submitted to COIINTY an application for
3. APPLICANT and COLTNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fulI extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. 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 Board of County Commissioners for the consideration of an
application or additional COLINTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COLINTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COI-INTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Date: tltt/o /
(hereinafter, THE PROJECT).
that Garfield County Resolution No. 98-09, as amended,
or land use review applications, and the guidelines for the
Br.J'rntv -1 , - t xJ
Print Name I
Mailing Address:
Page 4
/ un /, G '4,-*-t
Signature // /
Beverly Klein
1777 County Road 241
New Castle,Co 81647
Ph.984-2725
Garfield County Building and Planning Dept.
108 8th Street, Suite 201
Glenwood Springs, Co 81601
January 14,2004
Re: Special Use Permit
Dear Sirs:
Request Description: The applicant requests approval for a Special Use Permit to retain the old
ranch house as a guest house on a35 acre parcel, designated as Well Area#1, within the parent
parcel of VIX Ranch. Well Area #l is set aside as the area that cannot have any other wells
drilled within its boundaries.
Legal Description: A parcel of land situated in the Northeast ll4 of Section 13, Township 5
South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado.
Please see Exhibit A for detailed legal description.
Practical Description 1777 County Road 241, New Castle, Colorado 81647.
Additional Information: A new residence has been built on the site, located approximately 30
feet behind the old house. Both houses are wood frame structures. Please see Exhibit B-
Improvement Location Certificate- for size and location of existing structures. AII utilities are
in place and are adequate for the requested use. Driveway access to County Road 241 is also in
place. There are no other public roads within a mile of the property. There are no other mineral
rights owners, nor any property owners within 200 feet of the property. The impact of this
requested special use on the surrounding area will be very minimal.
Respectfully submitted, n,k-"+4 Krt"'), d'*uoz' fzz-a'Az't
il
Beverly Klein, General Partner
VIX Ranch, LLLP
Additional attachments: Well Permit #585
Septic system inspection letter
Well Sharing Agreement
Topographical maps@
Site Plan
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1777 Coutrty Road 241
New Castle, CO 81647
Jim Hardcastle, Senior Planner
Garfield County Building and Planning Departrnent
108 8th Street
Glenwood Springs, CO 81601
Re: Special Use Permit for a Single Family Dwelling conversion to a Guest House
Dear Mr. Hardcastle,
In response to your letter of February 21,2004 regarding the application for this Special Use Permit, I wish
to change the request to read "conversion to an Accessory Dwelling Unif'. The Dwelling Unit referred to
is 1,280 square feet which exceeds the limit for a guest house but is within the limits allowed for an ADU.
I am also submitting two Garfield County Assessors maps and the property profiles for all the land owners
adjacent to the VIX ranch. I hope these submittals are sufficient to deem my application technically
compliant. If not, please let me know and I will do whatever else might be necessary. Thank you very
much for your help in this process.
Sincerely yours,
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Beverly J. Klein.
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\YELL SHARING AGREEMENT
FOR VIX RANCH WELL NO. 1
THIS AGREEMENT is made and entered into this 19'h day of April, 2002, by and
between VIX Ranch Co., a Colorado Limited Partnership, whose address is 1777 County Road
241, New Castle, Colorado, 81647 (hereinafter "VIX Ranch"), and Mary C. Krauth, whose
address is 5702 Willow Brook Drive, Morrison, CO 80465 (hereinafter "Exemption Parcel
No. 1 Owner");
WITNESSETH:
WHEREAS, VIX Ranch is the owner of certain property in Garfield County, Colorado,
identified as the Parent Parcel and more particularly described by the VX Ranch Subdivision
Exemption Plat, recorded in the records of the Garfield County Clerk and Recorder on March
2, 2001, under Reception No. 576753, a copy of that relevant portion of said plat is attached
hereto as Exhibit A; and
WHEREAS, Exemption Parcel No. 1 Owner is the owner of certain property in
Garfield County, Colorado, identified as Exemption Parcel No. 1 of the VIX Ranch
Subdivision Exemption. as more particularly described by the VIX Ranch Subdivision
Exemption Plat and by the metes and bounds description attached hereto as Exhibit B; and
WHEREAS, VIX Ranch owns Colorado State Engineer Well Permit No. 2247 8 for the
VIX Ranch Well No. 1. diverting ground water for domestic purposes. said rieil permit is
attached hereto as Exhibit C: and
WHEREAS. the VIX Ranch Well No. 1 owns water rights decreed to the VIX Ranch
Well No. 1 by the District Court, Water Division No. 5, in Case No. W-585 on July 17, 1973,
for domestic water use rvirh a diversion rate of 0.035 cubic feet of water per second of time
(c.f.s.) with an appropriarion date of November 4, 1964, for use inside not more than- three (3)
!!!g-le family dwellings. stock watering and the irrigation of not more than one (1) acre of
lawns and gardens, with a decreed point of diversion located within the SWY+NEY+ of Section
13, Township 5 Sourh, Ran-se 91 West of the 6'h P.M., a copy of said Decree is attached
hereto as Exhibit D; and
WHEREAS, VIX Ranch Well No. 1 is located entirely within the Parent Parcel, but is
intended to supply water to an existing single family dwelling located within the Parent Parcel,
a second single family drvelling which may be located within the Parent Parcel in the future,
and a single family dweiling which may be located within Exemption Parcel No. 1 in the
future; and
WHEREAS. the parries have negotiated the terms and conditions of this Well Sharing
Agreement, and desire to set forth herein their agreement concerning ownership, use,
operation, maintenance, repair and replacement of the VIX Ranch Well No. 1.
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Page 2
NOW THEREFORE, for in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. VIX Ranch shall own an undivided two-thirds (b) interest in the VIX Ranch
Well No. 1 defined as being the water rights decreed in Case No. W-585, Colorado State
Engineer Well Permit No. 22478, the well diversion structure including, but not limited to,
well house structure, well casing, pump, valves, controls and related equipment necessary for
operation of the VIX Ranch Well No. 1 (hereinafter "VIX Ranch Well No. 1").
2. Exemption Parcel No. 1 Owner shall own an undivided one-third (a) interest in
the VIX Ranch Well No. 1.
3. VIX Ranch shall own an undivided two-thirds (b) interest, and Exemption
Parcel No. 1 Owner shall own an undivided one-third (a) interest in the water delivery
infrastructure defined as including, but not limited to, those pipelines, valves and connections
used to deliver water from the VIX Ranch Well No. i to both the Parent Parcel and Exemption
Parcel No. 1 (hereinafter "Common Water Delivery Infrastructure").
4. VIX Ranch shall own all interest in the water delivery infrastructure defined as
including, but not limited to, those pipelines, valves and connections used to deliver water
from the VIX Ranch Well No. 1 to the Parent Parcel (hereinafter "Parent Parcel Water
Delivery Infrastructure ").
5. Exemption Parcel No. 1 Owner shall own all interest in the water delivery
infrastrucrure defined as including, but not limited to, those pipelines, valves and connections
lying within Easement Nos. 2 and 3, as described on the VIX Ranch Subdivisicn Exemption
Plat, and used to deliver water trom the VIX Ranch Well No. 1 to Exemption Parcel No. 1
(hereinafter "Parcel 1 Water Delivery Infrastructure").
6. The parties agree that their respective ownership interests in the VIX Ranch
Well No. 1 and the Common Water Delivery Infrastructure shall be appurtenant to the Parent
Parcel and Exemption Parcel No. 1 such that the parties shall not convey, assign or otherwise
transfer their respective interests in the VIX Ranch Well No. 1 and the Common Water
Delivery Infrastructure to third parties apart from conveyance of the parties' ownership
interests in their respective parcels.
7. The parties agree that VIX Ranch shall be entitled to use all of the water
diverted through the VIX Ranch Well No. 1 until such time as water diverted throu-eh the VIX
Ranch Well No. 1 is first used for domestic purposes within a single tamily dwelling located
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within Exemption Parcel No. I and, thereafter, the parties shall each be entitled to use one-
half (Vz) of the water diverted through the VIX Ranch Well No. I until such time as water
rJiverted through the VIX Ranch Well No. i is first used for domestic purposes within a second
,.,r single family dwelling located within the Parent Parcel and, thereafter, VIX Ranch shall be
entitled to use two-thirds (b) of the water diverted through the VIX Ranch Well and Exemption
Parcel No. 1 Owner shall be entitled to use one-third (a) of the water diverted through the VIX
Ranch Well No. 1.
8. The panies shall use water diverted through the VIX Ranch Well No. 1 only for
domestic purposes according to the terms and conditions set forth in State Engineer Well
Permit No. 22478 and the Decree in Case No. W-585, and shall neither waste water nor
subject the water rights decreed to the VIX Ranch Well No, 1 to abandonment.
9. VIX Ranch shall be responsible for all expenses and costs incurred for
operation, maintenance, repair and replacement of the VIX Ranch Well No. 1 or the Common
Water Delivery Infrastrucrure until such time as water diverted through the VIX Ranch Well
No. 1 is first used for domestic purposes within a single family drvelling located within
Exemption Parcel No. 1 and, thereafler, the parties shall each be responsible tor one-half (72)
of the expenses and costs incurred for operation, maintenance, repair and replacement of the
VIX Ranch Well No. 1 or Common Water Delivery Infrastructure until such time as water
diverted through the VIX Ranch Well No. I is firsr used for domestic purposes within a second
single family dwelling located within the Parent Parcel and, thereafter. VIX Ranch shall be
responsible for two-thirds (b) and Exemption Parcel No. 1 Owner shall be responsible for one-
third (a) of all expenses and costs incurred for operation, maintenance, repair and replacement
of the VIX Ranch Well No. 1 or the Common Water Delivery Infrastrucrure.
10. In the event either party determines that maintenance, repeir, improvement or
replacement of the VIX Ranch Well No. i or the Common Water Delivery Infrastructure is
necessary, such parry shall both notify the other party in writing, and meet and confer with the
other party prior to the start of said necessary work. The parties shall be responsible for the
expenses and costs resulting from said necessary work in the proportions according to the
parties' respective responsibilities for expenses and costs as set forth in Paragraph 9 of this
Agreement. The parties shall cooperate in cornpleting such necessary maintenance, repair,
improvement or replacement. Should either party fail to cooperate, the other party shall be
entitled to accomplish any and all maintenance, repair, improvement or replacement necessary
for proper operation of the VIX Ranch Well No. 1 or the Common Water Delivery
Infrastructure, and shall notify the uncooperative party in writing of that party's proportionate
share of the resulting expenses and costs. In the event the uncooperative party fails to timely
make payment ro the pany incurring the full expenses and costs resulting tiom said necessary
work, interest on the unpaid amount shall begin to accrue at eighteen percent (18%) per annum
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beginning thirty (30) days from the date of the billing statement. Failure by the uncooperative
party to make payment of the sum due with interest to the party incurring the full expenses
and costs resulting from said work within six (6) months from the date of the billing statement
shall entitle the party incurring the full expenses and costs to reasonable attorneys'fees in
obtaining a judgment for collection of the amount due, in addition to any other remedies
available at law or in equity for breach of this Agreement.
11. VIX Ranch shall be responsible for all of the expenses and costs incurred for
operation, maintenance. repair and replacement of the Parent Parcel Water Delivery
Infrastructure.
12. Exemption Parcel No. I Owner shall be solely responsible for all expenses and
costs incurred for operation. maintenance, repair and replacement of the Parcel 1 Water
Delivery Infrastructure.
13. The parties acknowledge that the electrical utility costs associated with operation
of the VIX Ranch Well No. 1 shall be billed to VIX Ranch and VIX Ranch shall provide a
billing statement to Exemption Parcel No. 1 Owner for payment of these costs according to the
parties'respective responsibiiities for operating expenses and costs as set forth in Paragraph 9
of this Agreement. Exemption Parcei i'.io. 1 Owner shall remit payment to VIX Ranch within
thirty (30) days from the date of the billing statement. In the event Exemption Parcel No. 1
Owner fails to timely make payment, VIX Ranch shall be entitled to the provisions and the
remedies for late or non-payment as set forth in Paragraph 10 of this Agreement.
14. In the event that any governmental or judicial authorir,v having competent
jurisdiction imposes additional requirements or restrictions on the use of rvater diverted trough
the VIX Ranch Well No. 1. the parties agree to cooperate in complying with such requirements
or restrictions to ensure continuation of a le-eal domestic water supply tor both the Parent
Parcel and Exemption Parcel No. 1. The parties shall bear the burden resulting trom said
additional requirements or restrictions according to the parties' entitlements to use water
diverted through the VIX Ranch Well No. 1 as set forth in Para_eraph 7 of this Agreement. In
the event the parties incur expenses and costs resulting from implementing said additional
requirement or restrictions. VIX Ranch shall be responsible for two-thirds (b), and Exemption
Parcel No. 1 Owner shail be responsible for one-third (a), of the expenses and costs associated
with said additional requirements or restrictions. Should either party fail to cooperate, the
other party shall be entitled to take any and all actions necessary to implement said additional
requirements or restrictions after first notifying the uncooperative partv in writing, and both
meeting and conferring rvith the uncooperative party prior to taking such necessary action.
The party taking such necessary actions shall notify the uncooperative party in writing of that
party's proportionate share of the resulting expenses and costs. In the event the uncooperative
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party fails to timely make payment the party incurring the resulting expenses and costs shall be
entitled to the provisions and remedies for late or non-payment as set forth in Paragraph 10 of
this Agreement.
15. In the event either party chooses to permanently discontinue domestic water
supply from the VIX Ranch Well No. 1 to that party's parcel, the party discontinuing domestic
water supply from the VIX Ranch Well No. 1 shall convey and assign that party's interest in
the VIX Ranch Well No. 1 and the Common Water Delivery Infrastructure by quit claim deed
and assignment to the other party. The party discontinuing domestic water supply from the
VIX Ranch Well No, 1 shall have no right to reimbursement or payment for sums contributed
pursuant to the terns of this A_qreement.
16. This Agreement shall inure to the benefit of and be binding upon the parties,
their heirs, devisees, executors, administrators, assignees, transferees and successors in
interest.
17. The language used in this Agreement and all parts thereof shall be construed as
a whole according to its plain meaning, and not strictly tbr or against any party. All parties
have equally participated in the preparation of this Agreement.
18. If any covenant, term, condition or provision contained in this Agreement is
held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect,
such covenant, term, condition or provision shall be severed or modified to the extent
necessary to make it enforceable, and the resulting agreement shall remain in full force and
effect.
19. This document embodies the entire and complete agreement of the parties. No
promise or undertaking has been made by either party, and no understanding exists with
respect to the transactions contemplated, except as expressly set forth in this Agreement. All
prior and contemporaneous negotiations and understandings between the parties are inte-qrated
and merged into this Agreement.
20. This Agreement may be amended from time to time by the parties in written
form and executed in the same manner as this Agreement. This Agreement shall be recorded
with the Garfield County Clerk and Recorder and each party shall be responsible for one-half
(1/z\ of the recording costs.
2t. The parties agree and intend that this Agreement shall run with, and be a burden
and benefit to, the Parent Parcel and Exemption Parcel No. 1.
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22. This A-ereement may be executed in duplicate original counterparts, each of
which shall constirute an original, but all which shall constitute one and the same document.
23. The terms of this Agreement, and the obligations, duties, responsibilities and
benefits thereunder, shall survive closing on any conveyance of real properfy described herein,
and shall not merge with the deed or other conveyance documents.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year set forth next to their signatures.
VIX RANCH CO. EXEMPTION PARCEL NO. 1 OWNER
(A Colorado Limited Partnership)
7: t'l.o ( v'wr,' 4 /z
Mary C/Krauth
STATE OF COLORADO
CARFIELD
SS.
ged. subscribed. and sworn to before me this fiftuv ot ;""-( ,2002.J L
L as General Partner of VIX Ranch Co. / /
y hand and otficial seal. My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Acknowledged. subscribed, and sworn to before me this Z? a^y "f O4 , I ,2002,
by Mary C. Krauth as Exemption Parcel No. I Owner. /
WITNESS my hand and official seal. My C
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Exemption Parcel No I
A parcel of land situated in the NE% of Section 13, Township 5 South, Range 9l West of the
Sixth Principal Meridian, County of Garfield , State of Colorado; said parcel lying westerly of the
centerline of East Elk Creek and being more particularly described as follows:
Beginning at the Center Quarter Corner of said Section 13, a B.L.M. aluminum
cap standard monument (from which the North Center Sixteenth Corner of said
Section 13, a B.L.M. aluminum cap standard monument, bears N.00"49'08"W
1,307 .06 feet); thence N.00"49'08 "W. along the North-South centerline of said
Section 13,537.79 feet, thence 5.62"26'47"8. 431 97 feet; thence S.54'00'00"E.
335.00 feet to the centerline of East Elk Creek; thence S.37'00'00 "W along said
centerline 93.00 feet; thence 5.62"00'00"W. along said centerline t 17.35 feet to
the East-West centerline of said Section 13, thence S.88'37'50"W. along said
East-West centerline 486 86 feet to the point of beginning, said Parcei containing
5.00 acres, more or less.
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No. 2J)l' ',,
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Auguat 22t L97) Book 448
U
tt"no"ns r Recorde*,'Pase Exhibit D
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tN Tlilt rlli;1'ltI;:'l'col,;l't IN ANI) FoR
!',^'tEl{ DIVISION ilo.5
s'fATFi (,1" Colrlt/\m
c1sg No. 1a_ 585
TN Tlll; I'lATtEn'01' TIln
AI'lt,I(:A',t'IoN l.oR
w^Tt;n IlICtn's 0l;vlx R NCll, INC.lll Ttlil C0lorlr\DO
Rlvi;lt 0R 11'5 TIII]UTARIIX
TRIBUTANY INVOLVT]D:
AB.SOLUTE DFxnEE FoR
UNDUN GIOUND WATER RIGIITS
l
IN
L\.ST ELI( CREEI(
G/TRFIELD C0UFIY
And thc Referce huving made thc investigatione required
by Arlicle 21 of Chapter 148, C.ll.S. 195), as arnended does hereby
make the fo1lowin6 ruling, to wil:
This application was referred to the Water Referee of
Water Division No. ! on the _p_qttday of September I l9?L.
VIX Ranch. Inc.1. Name of Applicant c/o l,Iason'& BevilleAddress Box 907; Rifle, colorado
12. The nane of ihe structure is VIX Well No. 1.
l. The Legal description of the structure is! The wellin the St,lkNEf of Section 13, T. 5 S., R. 91 tll.
P.[1. at a poinE whence the Southeast Corner of' bears: S. 25o00r E. 743 feet and S. 82o00r E.
1s locaEed
of Ehe 6Eh
said st.J.tNEt
522 feet.
4. The depth of the well is 44 feet.
I
5. Ihe date'of initiation of appropriation ls I November 4, 1964,
.6. The amount of Hater claimed is 0.035 cublc foot per
second of ulme.7. The use of the vater is domestic.
8. rhe State Engineerts number is 22478,
!. The Priority'date is November 4, 1964.
10. The date ot the application was l4ay 2, 1972.
IIl is the ruting of the Refcree that the statements in t,heapplicntion are true and that the above describcd uater right isapproved and granted thc indicatcd priorily; subJect, however, to
It is accordingly ordcrad that thio ruling snatf becomceflective upon fitlng wit]r thc water clerk, subjcct to Jurliciu.l. revicv
i
ac provlderl hy law-
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_ <* Donc nt thc City of Glenwr:od Spri.n6;s, Colorado this
J/ -_ dny of /V,q v l9Z f .
Wrrtt.r' Iir.lort r:
Wrrtcr l)i vi r;ion Nr,. 5
{iLn[r. ol ColorndoNo protost wns f l leri ln t-h.r I mottorTho forep:olnq rullnc ts conllrmodnnd opproved, and ls mado theJudSDent and Decree of thls court.
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RULING Oi' TIIB NI'TEREE
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F- I l_E i.rlN \\rn'l'l:.i( (,()J,i'r'
Division Nr,. i, ,/
MAY 2'9 tti73
TE OF
EXHIBIT A to Quitclaim Deed from VIX Ranch Co., LLLP
to Beverly J. Klein (one Page)
llfl-t AREA NO. 1
A PAfiCEL Cf LAND SruATED tN IHE NE114 0F SEC]]ON lJ, Tovil.rsHrP 5 SoUIH, RANG€
9] H€ST Cf JI.iE $XTH PRINCIPAL MERIOIAN, COUNTY OF GARFIELO, STATE CF COLORADO;
SAID PARCEL BSI.IG A POR]]ON OF IHAT PROPERTY DESCRIBED IN EOOK 413 AT PAGE 363
Of T},8 GARFIELD CqJNTY RECORDS, AND BEING MORE PARTICULARLY )ESCRIBED AS
FOLLO'*S
BEfiN!\{ING AT THE CEN]ER NORIH SXTEENIH CORNER OF SAID S€CIION 13. A B.LM.
ALIruh{UU C{P STANDARO MONUMENT: T]{ENCE S.89'56']8-L, A DISTANC€ OF 1J,+&]4
FEET; IHE{CE S36?4'06-lt:, A DISTANCE OF 15-1.82 FE!T: Ir{ENCE
s24t1c'00'w-, A usrANcE oF 300.47 FEET: THo.tcE s.66'00'00-e. A DlsrANc€
Of 239.54 FEEI iO AN EX]STING FENCELINE AT lHE EAS]ERLY PROPERTY UNE OF ]HAT
PROPERTY DESCRIBED IN BOOK 413 AT PAGE 363 OF THE GARFIELD COUNTY IECORDS;
IHENCE milIINUTNG ALofrG SA|D FENCELTNE THE FoUowlNG SE\EN (7) Co{JRSES
t) i+515'10'w., A DISTANCE oF 27.88 FEET;
2) S2g'14'23'W., e DTSTANCE 0F 233.91 FEET;
3) S2t33'52''ff., A DTSTANCE OF 555.83 FEET;
+) sJg!/l4'E.. A DTSTANCE 0F 60.75 FEET:i) s.00?3'56'E.. A DTSTANCE 0F 126.69 FEET;
6) S50'08'42':.. A DTSTANCE 0F 23.70 FEEI
7) S00!0'C0'E.. A DISTANCE OF 25.00 FEET; THENCE N.87?4'51Y.,
AI0NG All C$SIING FENCEUNE, A DISTANCE 0F J9.12 FEET: TITENCE CON]]MJ|NG ALONG
SAI) FEN€UNE IHE FOLLOWNG FOUR (4) COURSES:
!) H.6748'06'W.. A DTSTANCE 0F 22.J9 FEET:
?) N.8753'22"W.. n DTSTAI'|CE 0F 117.34 FEET;
3) N.89'43'10'iv., I DTSTANCE 0F 201.92 FEET:
+) S74!5'39i,v., A D'STANCE OF 169.69 FEET TO THE CENIERLINE 0F IAST
Elx C?EE(: ?ENC€ N.61'59'59'E., ALONG SAIO CENTERLINE. A DISTANCE Cf 117.35
rtET: iHENCf N.3700'00'E.. ALONG SAID CENTERLINE. A DISTANCE tr 95.C0 FEfi;
THTNCE N-*'OO'00'W.. A DISTANCE OF 315.00 FEETT Tl'ifNC[ N.62?6'47'w., A
DISTANCS CF 4J1.97 FEET IO IHE NOR]H-SOUTH CENTERUNE CF SAID SECI]ON ]J;
IitNCE N.9O@'00'v{.. A DISTAI.ICE Of 453.89 FEET: IHENCE N.00!0')OT., A
DSTAIICI f 769.64 FEEI; IHENCE S.S9'56'38-E., A DISTANCE 0F 44?.90 FE:T TO
THE PONT Or BE,SNN|NG. SAID PARCEL CONTATNTNG i5.01 ACRTS (1.525,042 S0(JARE
FEEII. uffiE 0R !_ESS
QUITCLAIM DEED
THIS QUITCLAIM DEED is made this 5fig-day of February, 2003, berween VIX Ranch Co.,LLLP, A Colorado Limited Partnership (hereinifter "Grantor"); and BEVERLy J. KLEIN, whose
address is 1777 County Road 241, New Castle, CO 81647 (hereinafter "Grantee").
WITNESS:
That the Grantor, for and in consideration of Ten And No/100ths Dollars, U.S. ($tO.Og) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold and QUITCLAIMED, and by these presents does remise, release, iell and
QUITCLAIM unto the Grantee, her heirs. successors and assigns, forever, all the right, title, interest,
claim and demand which the Grantor has in and to the real propertv. together with improvements. if any.
described as follows:
A parcel of land situated in the Northeast ll4 of Section 13, Township 5 South, Ralge 9l West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, as furrher described on Exhibit A (one
page) attached hereto and incorporated herein by this reference;
also known by street address as 1777 County Road 241, New Castle, CO 81647; and also referenced as"Well Area No. l" ot.t tlte VIX Ranch Exemption Plat recorded with the Garfield County Clerk &
Recorder on March 2,200l, as Reception No. 576753.
TO HAVE AND To HOLD the same, together with all and singular the appurtenances andprivileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of
the Grantee, her heirs, successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed tliis deed on the date ser forth above.
GRANTOR:
VIX RANCH CO., LLLP
4-rr-(t
ST.\TE OF COLORADO
COUNTY OF GARFIELD
Beverly J.General Partner
My Commission expires:
day of .2|'>itt *-t:, .2OO-r , by Beverly J.
By:
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Notary Public
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B$CEIVED
APR 0 2 2004
3$t5,'st?8:^RNil'[
March 28,2004
Office of the Planning Department
Board of County Commissioners
Garfield County Plaza Building
108 8th Street
Suite 201
Glenwood Springs, CO
Dear Sirs,
This correspondence is in response to your letter regarding the
Special Use Permit for the conversion of a Single Family
dwelling unit to an Accessory Dwellinq-Unit for-Beverly Klein.
I do not have any objection to having Mrsffibtaining that
permit, and fully support her in that endeavor.
lf there are any further questions, please feel free to contact me.
Sincerely,
Zory C,
Mary C. Krauth
Owner of
1773 CR 241 ,
New Castle, CO 81647
R01 31 99,2125-131 -00-002
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&*rion L3: E1l2N!tr1l4NWL/4, EUSNWU{, tha} part o-f the NEI'/4ly*s ryegte-rlr;ti
East-E&-b;"et exieet a parcel'in th6 northeast corner containing.9ilq
u.o* b"ing describ*d as-: BeginqFg at a point whence the East U4
co.""t olB.ii"" is i*ut.-sb'+"oru] zra+'3r reet an{-$65"2o18' 94'26
fe*t t i.ililt"" ,f n*f Xtt- Creelr; theum N65"!O'W,^t^o^ tF* .nortt
sectiou line of sedion 13; thence along the qgclio+ -I{e 3H) feet, mll;
ih;;;Sa*3G'W,ES f".t, m1[; thence SE1'12'8, 349.8 feet to the enter
;f il";t n[ C"""k itr*""" Na1615'8, Lgo.Ttfeet to the point ofbegi+4ng-
Also a trect of land aontainisg. 0.46 &cres, rnore or lees, as de8clilbed m
iU"U tiga ii ll"w 66$-€6? biing a bound+ry 1i"l*aiq*qent; Exept a
tra* of lanA *"tiioirre 1,46 acreE ae described ;n Book LZZS at Page -663-
665 bein;; b;""dffi Une adjustment; and E_xcep*t a tract of land
*ot"ioirE O.ggB acrJd, more oriess, as deecribed in Book 1228 at Page
659-6SI bbing a boundary line adjustment.
L.bunty of Garfield, State of Colorado
*ection 1?: E1/2SW1/4SW1/4
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DOWN VALLEY SEPTIC & DRAIN
September 24,2002
Beverly Klein
1777 Cotnty Rd 241
New Castle, CO 81647
Dear Ms. Klein
RE: Septic Inspection
Everything is in good working order. Septic tank shows no signs of rotting, or cracking. Inlet &
Outlet lines appear to be functioning properly. Leechfield is excepting effluent with no visible
signs of backing up. Would strongly recommend (given the age of the septic system) using a
monthly bacteria additive and avoid putting any grease by-products into septic.
Always, always have your septic serviced by-yearly.
Down Valley Septic is not responsible before, during or after inspectiorl for any septic system
failure.
Down Valley Septic performs inspections based on current industry standards.
Sincerely,
Sr.mrf\d
Scott Moyer
Owner/D.V.S.
PO Box 1929 " Rifle * CO * 81650 * (970) 904-M73 * FAX (970) 625'2106 *
l.a|lrcl2as5
Lzi58 97fr-764-4313 SOPRIS ENGI NEERINGa PAGE 02
September 9,2444
Bcverly KIein
Klcin Ranch
1777 County Rd 241
Ncw Castle, CO 8i647
RE: Site Evaluation-Onsite Wastewater System (OWS) Evaluation, Existing System Conditions
at the Klein Ranch,1777 counry Road 241, Garfield County, CO
SE Job No. 24ff[.502
Dear Beverlv:
Pursuant to your reqrest, this letter presents our findings in regard to the existing Onsite Wasrewater
System (OWS) for the above referencccl Sitc. An OWS is in place to scrvc thc nceds for your existing 2-
bedroom home and the newly constructcd3-bedroom home ou site. The OWS is in compliance with State
and County standards to accommodate the design flow from the two dwellings. It is our understanding
that Garfield County will grant a special use petmit to allow continued use of the older house on thc sir,c,
assuming the leach field is adequately sized. We have locatcd afld inspected the existing OWS, inspected
the facilities and have obscrved the existing site conditions. Our evaluation and rccommendations are
based on our cuffent knowledge of the site conditions with respect to information provided by othem for
use in suPPorting your application to Garfield County Our findingp are in accordance with Garfield
County and the State of Colorado ISDS Regulations.
Conclusious/,Findinqs
The existing OWS includes a previously installcd 1000-galtou concrete scptic tank and a newly installed
1000-gallon concrete septic tank with new 4" scwer lines to the existing linc out to the absorption ficld.fie existing system appears to function with regard to accepting the existing warer usage. The sepric unks
and the pipe ancl gravel absorption bed arc adequately sized to handle the desigrr flows from an equivalent
S-bedroom home . The existing leach ficld was irrstalled approximately 8 years ago in compliance witlr
current standards- The effluent distribution line connects to a solid 4" header pipc with six 4,,perforated
lateral lines extending approximatcly 30' across the width of thc bed. The pipe gravel system was installed
with %' to L Vz" gravel. Our evaluation of the system included observation of thc tank excavation,
inspection of the tanks, inspection of the cleanout on the header pipe. subsurface probes in the leach field
and interviews with several pcople who observed the installation.
The pipe and p5avcl absorption bed is approximately 64' x 32' and contains 6 laterals. The total area of the
placed gravgl is approximately 2000 S.F.
Subsurface Sonditions
A subsurface observation of the tank excavation was conducted by SE. The soils consisr of salty sand wittr
gravel. Ttte assumed petcolation rate is app-roximately 10 minutes per inch. Groundwater was not
encountered to a depth of 8 feet in the excavation. The percolation rate used for cOmparative analySis is 20
minutcs per inch.
$0pRls IrGliltIBlllG o tlG c vi, c'nsu,,anrs
-BL/tgl2885 12:58 97A-7A4{SOPRIS ENGII{EERI PAGE A3
Beverly Klein
SE Job No. 24000,502
September 9, 2004
Page 7
Existins OWS Analvsis
The design flow for the existing system is based on an equivalent S-bedroom house.
From the State of Colorado I. S. D. S, ReEplations;
Avcrage daily flow (Q) = * of people x gal/persorVday (avg. flow)
Existing Design flow (Od) = # of. people x gal/person/day x 1.5 (peaking facror) = gal/day
Maximum number of people is assumed to be 10 people.
Gallons per clay for residenti al = 75 gallper.sorr/day
Qd =5 xZx75 x 1.5 = 1125 gflVdav
Sentic Tenk Volume
Volume (V) of tank = Design Flow Reduction " I.25 (30 hour retention timc)
V = ed x1..25
Y = \125 Eal/day + 1.25 = 1406
Two double compartmenr. concrete 1000-gallon septic ranks are installed. oK
Eristins Absorption field
The existing absorption field system is adequatc to serve the needs of a S-bedroom design flow equivalent.
Based upon the assumed averagp percolation rate, the standard absolption arca equation yields:
A (SF) = Qd-:(O'4 : where A = Area; ed = design flow reduction (gal/day)5 t = time in minute.s
This equation will give a recommended minimum absorption area:
A = = 1125 t(20) h = 1005 S.P. 1006 S.F. (design check) <2048S,F (instatled) OK
5
Svstem Recommrndationq
An effluent filter should be installecl in the secondary compartment of the new septic tank to reduce the
potential of suspended solids loading to the absorption field and extend the tife oi the treatrnent media in
the absorption field, The septic tank lids should be installed at the surface by risers to providc easy access
for maintenance and inspection. The 4" cleanout porl shouid be repaired and fitteA wiih a treadeci cap. We
recornmend that the ficld be marked and that no vehicular traffic be allowed on the surface,
OWS Ooeration and Mai4tenance
The system shall be inspected on a regular basis and be properly maintained. The responsibility for repair
and maintenancc of the system will remain with the tot Owner. The owner shall inspict the OWS and
-8313o tlGo
-gL/16/2A95 1?: sB 97A-764-6313 SOPRIS ENGII{EER PAGE 64
Beverly Klein
SE Job No, 24000.502
September 9,2004
Page 3
pcrform maintenancc and repairs necessary to ensure rhat rhe system is operating properly. The efflueni
filtcr shall be maintaincd when the tank is purnped or as needed. Suitaute componeni handles and
cxtensions on the filter assembly will bc installed to provide easy maintefiance. We rccommend a pe rioclic
inspection be pcrformed every 6 months.
The OWS system should require minirnal maintenance. Several factors influencing the need for
maintenance irrclude: actual wastewater flows versus design rflows, the volume of iirchen/domestic waste
(excluding human waste and toilet paper), excessive household chernicals and other toxic liquids. TIie
tank, dispersal field and other applicable treatment system componcnts should be visually inspected bi-
annually for debris, wcar, damage, leaks, or other potential problems. In general, for a properly utilized
system, septic tanks should be pumped and inspected every 2 - 4 yearc. The effluent filters should be
cleaned every six months and at the time of pumping. Absorption fields shoulcl be maintai.ned with
suitable cover and kept free of root invasive plants. Positive surface drainagc away from the absorption
field should be maintained.
Our recommendations are basecl upon site inspections and information and data suppliecl to us by others.If you huve any question or nee d any additional information, please call.
Sincerely,
SOPRIS ENGINEERING, LLC
I t'.lGo
l
,/ Patl E. Rutledge
Design Engineer
-BL/18/2AO5 l?:56 97a-784-a313
Rug 3t o+ oslsaa re vers NH
SOPRIS E}.IG]I{EERING
(s7o, G-rro"
PAGE 65
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FAX Transm itta I
fl: Jim Hardcastle
Hr+n
Drlc:
Iotrltuo$
SIIruootlo.
Fom:
hssrgl:
Gimmnv: Garfield Counry Building Departmenr
384 3470
9-LA-04 Re submitted fax 1-10-04
24040.542
Paul Rutledge
Attacl:ed is the OWS As-BuiIt letter for the Klein Ranch, at 1771
County Road 241, in support of the Special Usc Permir for the
existing house.
0 ortginal not l0 followo origlnal to tollow by mailC 0riginal to be delivered by messenger0 0rlginal to be picked up
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