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HomeMy WebLinkAbout3.0 Comment Letters & Referrals• • LEONARD NORMAN BOE 0171 UTE WAY SILT CO 81652 (970)876-5404 June 1, 1995 Hartert Wilson Hartert & Christensen Attorneys at Law Attention Gerald D Hartert 210 Tenth Street Glenwood Springs CO 81601 Dear Mr. Gerald Hartert: I am writing in response to your March 7, 1995, letter referring to the fence separating us from the Sierra Vista Subdivision. When we received your letter we were in Arizona, but have since returned to our home near Silt, Colorado. Mr. Porter had not recently had any communication with us as you stated he might have had. The only time I have ever talked to Mr. Porter, was a couple of years ago. He came to our house and asked if he could park and walk through our property to get to his old Sierra Vista subdivision. It, as you know, borders our property on two sides. He informed us he was getting some surveying, etc done and was going to start selling lots. He asked about survey pins and I showed him one and told him about another one. He asked me about selling him some water. I told him, "no way as we are on a common well." He didn't seem to think that should matter. He asked if it would be alright if his realty people parked at our house and walked through our property; to get to the part of his; that overlooked the majority of his subdivision. I said that would be fine and this, I have been told, they have done. Having shown this kindness to Mr. Porter and his associates, we were surprised to receive your threatening letter. In reference to the fence between Mr. Porter and us; according to Mr. McPherson, that previously owned our land, Mr. Porter was informed when he purchased the Sierra Vista subdivision, that the fence was NOT the property line. • • I have discussed this matter with an attorney and was told a fence was sometimes considered the property line if it was meant to be the actual property line and not a "fence of convenience." The fence along the south side of our property, that infringes several feet onto our property goes from cedar tree to cedar tree to cedar tree (a fence of convenience). The fence that runs along the west side of our property and infringes approximately 150 lineal feet onto our property for approximately 1000 lineal feet, does so to follow a relatively straight plane rather than go up and down 2 (two) cliffs. In each case I would definitely say the fence on my south side and the fence on my west side is a fence of convenience. Therefore, Mr. Porter has no claim to our land. This land is practically worthless as far as grazing is concerned, due to low moisture and very poor soil. So, this would not enter into moving the fence. There were a few cattle on Mr. Porter's land for two or three weeks, in the spring, a few years ago, to eat the cheat grass and I did a little repair on the fence to try to keep the cattle out of our flowers. I wasn't successful, as you can verify with Mr. Porter's two daughters -in law. They had to come up on horse back and put them back where they belonged. As far as I know, that is all the maintenance that has been done; and none for several years. It has been brought to my attention, that Mr. Porter is intending to subdivide the land adjoining our property into smaller lots. He has encroached and disturbed our land on the west edge of our property with his road he is building. He has created three dams that are currently flooding our property. You will be able to see where. The largest of which has already sloughed off, cracked and washed a channel across the road. Is this subpar construction?? I wonder who will be responsible for replacing this road, if it is replaced?? Will it be Mr. Porter, who constructed it, or he and the Garfield County Planning Board and the County Commissioners, who will Ok it, or will it just be the poor, young, hard working couple with two young children that buy it, thinking that it has all been legally and professionally done by people with integrity and Ok'd by the County Planning Board and Commissioners? In looking at the map of the proposed Sierra Pinyon subdivision, it appears that Mr. Porter is trying to subdivide some of our land into his lots nine and ten. Mr. Gerald D. Hartert, I have had to work very hard shoveling concrete and scrubbing concrete for 40 years to acquire my little piece of land our here, south of Silt. In order to forestall any unnecessary unpleasantries, I invite you to advise Mr. Porter that he needs to rectify the aforementioned problems forthwith, that you and Mr. Porter have created. • • I have heard you are on honorable man, so, I am holding you personally responsible. Also, please tell Mr. Porter and his realtors they are no longer welcome to use our drive and land for their convenience. Please note: Colorado Fence Law Statute 35-46-107 does not apply as we are the owner. Sincerely, L. Norman Boe cc Garfield County Planning Commission Garfield County Commissioners • • HARTERT WILSON HARTERT CHRISTENSEN ATTORNEYS AT LAW 210 TENTH STREET GLENWOOD SPRINGS, COLORADO 11601 TELEPHONE (303) 921-9665 FACSIMILE (303) 12S-9610 CARSONOALE. COLORADO OFFICE (303) 963-9600 March 7, 1995 William Kirk Sandra Jean Graham 7414 Crystalglen Lane Houston, TX 77095 Leonard Norman Constance May Boe 8171 Ute Way Silt, CO 82652 GERALD 0. HARTIRT RONALD M. WILSON THOMAS J. HARTERT NICHOLAS M. CKRISTEN$IN RE: Lot 16 and Lot 17 Mineota Ridge Subdivision/Barton Porter Common Boundary Dear Mr. Kirk, Ms. Graham, Mr. Norman and Ms. Boe: We represent Barton Porter. owner of the real property contiguous to the west boundary of Lot 16 and Lot 17, of Mineota Ridge Subdivision. Mr. Porter recently had a brief discussion with persons identifying themselves as owning one or both of the aforementioned lots and among other matters discussed, a statement was made by one of the lot owners to the effect that he or they intended to remove the boundary fence between the Porter property and Lots 16 and 17 because it did not conform to the surveyed boundary of the lots. We are directed by Mr. Porter to advise you in the most emphatic terms not to remove or relocate this fence in any way. Regardless of any surveyed or "deeded" boundary line between the Porter property and Lots 16 and 17, the fence in question has existed for well in excess of 20 years as a boundary fence between the properties and as a consequence establishes ownership in Mr. Porter of all of the property under the fence by adverse possession and also constitutes a recognized boundary under the applicable Colorado statutes. We are further directed by our client to advise you that any attempt by you to remove or relocate the fence will result in immediate litigation to enjoin your actions. We also call to your attention the section of the Colorado fence law statute providing as follows: • • 35-46-107. Unlawful to break fence or open gate. It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence. This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open with malicious intent. In order to forestall any unnecessary expense and unpleasantries, we invite you or your attorneys to contact us to discuss and hopefully resolve the foregoing matters. Yours very truly, /CICA-4--e/A Art Gerald D. Hartert GDH/pc xc: Barton Porter • • BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81601 STEVEN M. BEATTIE TELEPHONE (970) 945-8659 GLENN D. CHADWICK KAREN J. SLOAT HAND DELIVERY June 14, 1995 Mr. David Michaelson Garfield County Building, Sanitation and Planning Department Room 303 109 8th Street, Room 303 Glenwood Springs, CO 81601 FAX (970) 945-8671 RE: Application for Subdivision Submitted by Dennis Wayne Cooley and Wanda Sue Cooley, Item No. 6 on the Planning Commission's Agenda, 7:00 p.m., June 14, 1995 Dear Dave: Thank you for speaking with me yesterday regarding the Cooleys' Application for subdivision of Lot 11, Summit Vista Ranch ("SVR"). As I explained, I represent Alyson Jungjohann, the owner of an adjoining parcel known as Lot 15 SVR. Both lots were conveyed to their current owners by Barton Porter, who used a meets and bounds description for the warranty deeds (copies of which are enclosed for your quick reference). As you will note from a review of the legal descriptions, the Cooleys and Ms. Jungjohann share a common boundary line which is shown on Exhibit A to the Cooleys' deed as "thence leaving said center line North 64°07'56" East 872.93 feet." My client recently requested a building permit from the County, which was declined. Mark Bean reportedly told her that no permit would issue until she, Porter and the Cooleys resolve a potential conflict over the title to a certain 3.125 acre parcel (the "disputed parcel"). According to Ms. Jungjohann, Mr. Bean advised that the disputed parcel is encompassed within the description on my client's deed and is part of the 38.58 acres in Lot 11 which Cooleys seek to subdivide at tonight's meeting. Therefore, without having reviewed the Cooleys' Application or talked with them, we must assume that the Cooleys have incorrectly asserted an ownership interest in the disputed parcel. As you are aware, two SVR plats have been filed in the County records. Lots 11 and 15 were conveyed with reference to the 1980 plat which indicates the above boundary line. Under an (apparently fictitious) owner name of P&L Land Co., Barton Porter recorded a 1983 "amended" plat for SVR which changed boundary lines of certain lots within SVR and indicated that 3.125 acres • • Mr. David Michaelson June 14, 1995 Page 2 of Lot 15 had become part of Lot 11. My clients understand that the Cooleys are relying on the 1983 plat to assert ownership of the disputed parcel. Porter's attorney, Gerald Hartert, advised me that the 1983 plat never proceeded through the subdivision process and was never approved by the County. In any event, after discussing this matter with Barton Porter, Mr. Hartert, Dean Hubbell at Commonwealth Title and my client, it is clear that the disputed parcel was never effectively conveyed to the Cooleys or accepted as part of Lot 11 by the County. In any event, the 1983 amendment may cloud my client's title or give rise to a dispute between Porter, the Cooleys, my client and others. Accordingly, since the Cooleys cannot prove their ownership rights in the disputed parcel, we request that the Commission deny any subdivision Application concerning it or, in the alternative, only approve the Application to the extent that it does not involve the disputed parcel. If the Commission cannot decide on the Application without additional information, we request that the Commission continue the hearing on this matter until the parties have resolved the relevant issues or produced more information for the Commission. Thank you very much for your cooperation and assistance. Please feel free to call me if you have any questions concerning the above. Very truly yours, / 1 /)46-&i--- aren J /Sloat KJS:bc Enclosures cc: Alyson Jungjohann Gerald Hartert, Esq. (via fax) Dean Hubbell, Commonwealth Title Wayne & Wanda Cooley 07:% IL' : L:Uf If 1� �I 4EHL TH T I 1LE F Hx : O3-625-. 3O5 Ain ZS. tin 1 itl E 111 CO Post -it Fax Note 4. .0 1 Fes[ r ct s-- - • • , Recorded oI Reccrlkln 0414. MIS IS 19111;1, 11We thh D r,'ektck WARRANTY MED Ind d.S or HAY 9 04. Oct- ern 071Rr011 r. PORTER ti the tenni), M OAPFIELD f:1:1mdsf. Color.mfo, grantor, nod bENN1!i WAYNE COOLEY AND WANDA EVE COOLLY at JOIN! MIAMI!, VIIW f11(( 11DM10 Of raVIVa11110, .11444kk.lo1410Ub .14 S11I1 Of k-& E 1 ;Fir rO9O1-tr..12 2 NAY 1 S nig c AF1FIEID MOB DOC. Fee 200 WEST 201H VIM? 'OM Pl►L6. CO 81550 dint crow, el OAP rig LD Ind 1uleof(hlontdo.lnnl11: WI I NI:ASI! 111,111tl 4M 400111- for and In eon,MetllloO ef Ili.1ven d •••ra1/ t1A IMau1Mtlo !EVEN *wane 1119 11011 AND MA/IDD••• POI I,tR.0 IM 14..0101 Ind e,d11110ney M 11111th Is 1001069 .e1.014e10d/18, 111 11411140, benoIned, eeld end se.w.y.rd. end by Owl/ weeen4e 1441 1.1^1. Ove". 111. 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Patent reservation*. any and all prior IMinnrel raearvetfone, aaaelnente and right• of way of record 110. 9.4•444 4%41 and will WAI VViN1 AND l OA1v[n 0(111 MO 1104 ,11,'., 617.1.•0 010011101 In IM 0..N Ind 94..0411. 1'...0..-.n d ,"a 011 vI$. 100 h..1. end r..I/n4, l$/.6w 411 all 107 9'1x1 • P P* Os^41"4y11), 0111-.011 w' wool' or any 9.d M/.aef. 111 V1'wa.. o..* *. mo ir4.44 the palet 014 nt.ned oh. 00.1900., a nd 1%0 v1 0l any 9.00.111411114'0111164 If 1110000..0. 1141MINE 00 WI IN 0E01. M' p.•jpr Me .40404.4 9,4 94.0 vn 101 dm* e1. l.dh ,bo... BARTON r. PORTER SVA'11t 01' 1041 A1Rn1►0 filanyol CARFIISI.6 1 u. 1 1100 torerdl.a losirontent 0.1.40an0wkdred before ole fhb 2nd by IlAnToN /. POPTPR M111,1MrnI ihoe0plw 04/29/9 Coelman410h10 rII1 W0.41DIOS7 thy d NAT 994 . W11Mbo,y fiend nd 0M/141401 Watery 400 7th bkraet. Bout 5ulta 1000 Rlf1u, Colorllcto 00;'1 ��b 07:57 I1!:Wq 11 WWEHLIH TI 1LE • PlAbL 0(10901:m263 EXItIDLT "A" LOT 11, SIERRA VISTA RANCH h8 SHOWN ON SURVEY RECORDED MARCH 24, 1980 AS RECEPTION NO. 302518 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; A pnrcel of land situated in Section 22, Township 6 South, Range 92 West of the 6th p.H., County of Garfield, State of Colorado; said parcel being more p8rtiCuieriy described as follows! Commencing et the East quarter corner of said Section 72; thence North 75'03'56" West 932.86 feet to a point on the centerline of 60.00 toot ecce easement, said point a)so being the center of e cul-de-sac, the TRU; POINT OF BEGIl1NING; thence the following five (5) courses along @hid centerline! 1) south 53°20'44" Nest 272.89 feet; 2) along the arc of a curve to the left having a redly* of 103.14 feet and a central angle of 68°19'40" a distance of 123.00 feet (chord bears South 19'10'54" West 115,04 feet); 3) South 14'58'55" East 78.40 feet; 4) along the arc of a curve to the right having a radius or 306.15 feet and a central angle of 32'45'51" a distance of 175.07 feet (chord beers South 01.24'00" West 172.69 feet); 5) South 17'46'55" Week 226.50 feet to the point of intersection with a 60.00 foot access oasoment; thence the following five (5) cotlrees along said centerline! 1) along the arc of a curve to the left having a radius of 372,92 feet and a central angle of 32.10'47", a distance of 209.45 feet (chord bears North 84.38'58" West 206.71 feet); 2) south 79015'39" West 656.53 feet; 3) Along the arc of n curve to the left having a radius of 554.54 feet and n central angle of 10'2.6'14", a distance of 170.44 feet (chord bears South 70'02'33" W061 177.68 feet); 4) south 60.49'73" West 148.41. feet; 5) along the arc of a curve to the right having a radius of 416.85 feet and a central angle of 09'49'18", a distenoe of 71.46 feet (chord bears South 65.44'04" West 71.37 feet) to the point of lntereectlon with a 60.00 toot access easement; thence the following eight (0) courses along said centerline; 1) North 26°34'35" West 49.90 feet; 2) along the ata of a curve to the left having a radius or 195.09 feet and a central angle of 75°06'45", a distance of 255.75 feet (chord bears North 64'08'OO" West 2.37.03 feet); 3) south 78.10'38" West 94.34 feet; 4) along the arc of a curve to the right having a radius or 262.25 feet and a central angle of 59'32'10" a distance of 212..51 feet (chord bears North 71°55'17" West 760.41 feet; .5) along the arc of a curve to the left having a radius of 1017.17 feet and a central angle o[ 12'37'45",r a di.stanceof 224.20 feet (chord bears North 48'20'04"West 223.75 feet); 6) 24.20 54'46'57" West 70.51 feet; 7) along the arc of a Curve to the right having a radius of 146.24 feet and a centrel angle of 100°42'23", a distance of 281.26 Leet (chord bears North 00'25'46" West 240.93 feet); 8) North 53.55'26" East 143.30 feat to the center of a cul-de-sac; thence leaving said centerline North 64°07'56" East. 872.93 [cell thence South 85'50'49" East 1428.22. "Tint -to the TRUE POINT OF BEGINNING. TOGETHER WITII and subject to non-exclusive road easements at shown on the survey of Sierra Vista Ranch recorded March 24, 1980 as Reception No. 302518. €, ': // 1As Ail,,:0 ( 1 / Baa ! bee/,r 620 /4/4. 6 1/6°;-0 fire 00-14 '95 O'i' : 5';' Ill : LUl1FU_U'•IWLHL IH 11 LE 40 S •y • F-( :: ij3-625- : i_iF, PlAt,L Rrn,rllld al r n'epte6 p�, t�►f�. ,/ �f_FED I NH 15 ktrertioe No. _ W3_ -»1,..Le "�.o WAItRANTY DURO 11115 MED, hf•Ae thia 10th 11,714 ►tt1A0ARY I. 94. between PARTON F. 1'OI4TgP d the County Cdoradn, (,.ntnq ►a4 ALYSON R. JVNOJOIIAIIN Mime teal MAre.. h NARrleLo Hetpnk t. end Srate P O BOX , NCW CANTLE, CO 81647 • 11,041892::ri316 FEI I 1 I9ft GARFIELD Clete Doe. FM M the (bony M CART I ell) 141111 Sulo 14 I:olora4n, Kr ;enter WI 1 NI ta51;111. rbnt the Rt4.h•r hd and 1.1 t11/41561a1I10n ntf Ilw anm „f •"1#11(44 $III t$OUCA,Ib II'r 110/180•'' DOI1A115, 1w I4041 4.01 eu444ney d .hkh k Melly 1/004 4Mdp.d. hq Or.nNd, 614galned, anhf end ow.111d. end N mem prtiore• does rant, he.dani, aM, M..4y ►r4 oonMm. unto 114 om.1•e. h,. Oke owl a*•10,4 laevt, oil Me cool 01aperly h19•tyr Men "ow e,em•oN, d any, Yry4,e. lylne •nd W1M M Ma ou"t4M QAkr 'SLI) 4.,1161.le&Cds4dd deeae.A•e 1a•e+e: SRS EXIII81T "A" ATTAtIIXO 11611ETo GNU FORMING A PART Rektor ea1,••r.+.^M0r.e,er4"v"Wlat LOT 17, SIERRA VISTA RANCH, CO IOOEI*I(n with .• end 111• elA.r tM M,Ma•ni t• 4M .pWrlo:a„e.e move 0p,err9h••. a 111 anyM•. appana444. . 4.4 t4 rnlPen on/ t4JNele..I. 4•.".4.4v 4.4 comamd..4. ,,,1•, Innis met od4e 1M..nt, ..d 4M o.e 'MO,. NOM, ode, k..1.1, Ifni and 4..114 wnvee4r M 14 Otanla, .hh.r 1. 4. en PION. et, In. and I. I$,4 rhea b.r0.lned pletlw44/..hh 1M M•e4"emgn1t.rd ao0unen.nae 10 1IAVE AM) 10 1101.0 t1. tefA w.•r.ee1 1104 Annga,bd and Mec+Ibed. wtlh the anoullmantet, wen 1h4 p.mee Me nem 344 4•21•1 Infirm. And Ike ',IMO,. b, 111m••11. Me h.k•. 4nd WHAM tep.w•e.IM,•. dere elwenanl,',•m, bapak, and if.. N r,1 .4h the ►11444, MW 1.,0 144I9n1, ,hat .1 the Woe M the •ne.ak,y 1..11 dek•ety N 0,144 01444"4e, M 4 wet .•4M •41%. prem,1. 164.4 t4.e+y$d. h.* rod. Wt. oa•ted, .8114. •44 hk.k,4Mbl. ed04 d hr4,w1nt.. M 11...81 lee Pm•N. oriel het ,.nJ 1141, MI pa..' and I.Mu4 oullwo*410 9..114, 84.4481. w1 11"1 eon.ey l4 .am. In mann.. and Ism e• do•w4 and mal tM ORM4 ••e 144 and 14,4. hum 444 10117111 and dot OrinN, 641914.., 4441. 11•nt. M■••. an.umtni. •rm,a"Erin.d.i"dcorrk•t,,...e"".v.k."A,.n.,.*)4e.,••1444 General tames and **treatments for the year 1994 end eUbeequnnt yeera, U. 8. Patent reservation's, any and all prior mineral ree•rrvltione, eaetmwnte and rights of way of record )h• 11,9Me4 a*.4 Nd .N• WAMAN? 010 RO•1E KR (VINO the above 6lyelnne pre,"444• M a.• eon and p•ao•a8N per/ Wend the 9•4*44. M1 414. 4M 94449"a 4famM d end •wry 01104 a pn.n• w,4,a4 t41nAr•d the'stn1I or 444 MA 1M,o•,. IM r.wlw manor paw Ipe,d• d,. plural 01) 01trol 14 e*go1, .r4 t4 w *rimy p.ndv than be 4opht.Ml ID en 9. 4d.•• 44 Wiff4f ad 44*( nior. •..0,..+a h., ...coed'Ne e...10.1h, d41. 4qI Ion ebev: BARTON F. 1.OktPR St'Al Et* .Y/Lt/RAI)e) I et. comity GPM! r.LD the 1nret.4"4I".4r11mtn1 war eekn..•h,Red 1.4 fore one ,hi• by BARTON F. PORTER My enmmia•inn realm 04/29/94 I�.r�.. .,�Or ►j P ((11°SE I,1A111E'i I3EOf1(if Ca11menneiM• FIN Ne. 44O 3$ 1Oth 4.) of PCRntlARY 1• 04 Whit mylA.4 •nJ official not deee .17 411 a 400 7th Street South Suite 1000 Rifle, colt,. 81650 • . ub, :14 )/:56' 1 ll : (IJI II UJNWEHL I I 1! I LL I-'HaL 4 • • Pro"0892,:r1 V 1 I EXHIBIT "A" LOT 15 s1F:RRA VISTA RANCH ACCORDIN0 TO TIIE SURvEY RECORDED MARC!! 24, 1980 AS RECEPTION NO. 302518, ANO MORE PARTICULARLY DESCRIBED AS FOLLOWS: A Parcel of land situated in tho W1/2 of section 22, 'Township 6 South, Range 92 West of the 6th P.H., County of Garfield, State of Colorado; said parcel being more particularly described as follower Commencing at the northwest corner of said Section 22; thence South 43'28'04" Eaet 1769.69 feet to a point on the easterly right of way of County Road No. 331, also being a point on the centerline of a 60.00 foot road easement, THE TRUE POINT OF BEGINNING; thence leaving said right et way the following seven (7) courses along said centerline; (1) North 89'35'39" East 200.75 ,feet; (2) Along the arc of a curve to the lett having a radius of 440.54 feet end a central angle of 37'36'24", a distance of 289.15 feet (chord bears North 70'47'27" East 283.99 feat) (3) North 51'59'15" East 82.83 feet (4) Along the arc of a curve to the right having a radius of 290.32 feet and a central angle of 38'00'45" a distance of 192.61 feet (chord beeps North 70'59'38" East 189.10 feet) (5) North 90'00'00" East 488.53 feet (6) along the arc of a curve to the left having a radius of 722.23 feet and a central angle of 38'11'12" a distance of 481.35 feet (chord bears North 70°54'24" East 472.49 toot (7) North 51'48.49" East 12).77 feet; thence leaving said centerline South 00.00'00" East 1413.42 feet; thence South 64'07'56" West 87141) feet; thence North 47'24'11" West 1117.33 eet to a point on the westerly line of SIERRA VISTA RANCH; thence North 00'29'49" West along said westerly line 550.00 feet to the Northwest 1/16 corner of said section 22; thence South 89'35'39" West 117.50 feet to a point on the easterly right of way of said County Road No. 331; thence North 13.09'13" East along said right of way 30.06 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH and subject to non-exoluslve easements for access and right of way purposes as shown on the recorded survey of Sierra Vista Ranch es raid easements servo any portion of said reel property providing access to public roads. arm MOOING RIRTURN TO: •JACQUELINE 11, ROGtk •r 0 b0X 432 :NEW CAME, C0 01647 • STATE OFCOLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 July 6, 1995 RE: Sierra Bluffs Filing #2 Preliminary Plan Section 22, T 6 S, R 92 W, 6th P.M. Water Division 5, Water District 45 Dear Dave, n� 71 n �� JO 1 ;, )5 GA tTEL:D Y Roy Romer Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer Thank you for the referral for filing #2 of the Sierra Bluffs Subdivision. The current proposal will modify the previous referrals that were the subject of our March 16, 1995 and September 6, 1994 letters to Garfield County. The applicant now proposes to divide Lot 11 of the Sierra Vista Ranch into four parcels of approximately 9 acres each. The water supply for the four parcels is to be provided by a central well via a central distribution system. The central well will operate pursuant to a plan for augmentation currently pending in the Division 5 Water Court in case no. 95CW057. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., the State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: Although several wells appear to be located in this general area, no information was provided to document the physical availability and dependability of ground water for the proposed uses at this site. We are unable to comment on the adequacy of the water supply without additional information. As outlined in the statutes, Section 30-28-133, C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be availshle to ensure an adequate supply of water. Once this information is provided, we can provide additional comments. Additionally, it is our general opinion that the filing of an augmentation plan and the subsequent judicial review and final decree should provide adequate terms and limitations to protect decreed water rights. We recommend that this development not receive final approval from the county and lots not be sold until the plan for augmentation is decreed by the water court. Should you have any questions regarding the water supply for this project, please contact this office. Sincerely, Jeff Deatherage Water Resource Engineer cc: Orlyn Bell, Division Engineer Robert Klenda, Water Commissioner FORM HO. GUS -39 11/90 SUPPLEMENTAL TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER / 7P7,7 7 2 OWNER NAME(S) s AJ �% (c'!'r+t n p n (t [/ Mailing Address o G ? r.--4 ,r X City, SL Zip R L Q.. , s{t k Phone (30 ?) 2 For Office Use only 3. WELL LOCATION AS DRILLED: `/m2 1/4 Lj 1/4, Sec. -z DISTANCES FROM SEC. LINES/: ? 3 2 ft. from �lr-7`G, Sec. line. and �� �� ft. from (north or south) SUBDIVISION: S,r,,-c-, 1 ) STREET ADDRESS AT WELL LOCATION: 0 R 3 Twp. 4 S , Range 9� 572- Sec. line. (east of wait) LOT BLOCK FIUNG(UNIT) 4 STATIC WATER LEVEL: ft., Date \ t ‘ s c , Time Measurement Method: - C( n c - , Length of airline (if used) ft. 5. PUMP: Type �, � h1 ti _ U�t , Horsepower \% , Setting \ feet. Power Source ,._2_3(> (' � -1 , Discharge pipe \ >66, in., Discharge Pressure 6. FLOW METER: Manufacturer \<t. 'TypeDiameter \=1A. inches, Average pumping rate \\ gpm., Volume pumped duri ng test \�_, c go 7. TEST DATA: Dato of Test Time Pumping Level Drawdown \� \5V\A (feet) (feet) �S Win. 1 n R 1 R,?, • 30 .x. t � •, Q u •;-. 1'O0 clk.t1 , • Q) 1(j.t; • 2 psi. Pumping rata Pumping Pressure (gpnn) (psi) 1 �? — Recovery Data — Time Water Level (feet) r) . 4 I i o0.. °1 ;C 4-'"1 1 8. DISINFECTION: Type (1.1-1 1 r).-. I 2 Amt. Used Water Quality analysis available. 11 Yes L.] No 10 Remarks 11. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] CONTRACTOR Mailing Address Phone j.2 2-4! ?/ Uc. Nal' 2 Name[tle (Please pe or print) %/ //i d /� � S �� Signatur Date • FORM No. Gus•39 11/90 SUPPLEMENTAL TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER / 7h' 7 2 3 OWNER NAME(S) �, 4 , (.�J Mailing Address „'� o 1 r� �c2 / City, St. Zip R • 1 t Q .. , sn k Phone ( ?,) ?) WELL LOCATION AS DRILLED: /ALJ 1/4_1/4, Sec. �� Z DISTANCES FROM SEC. LINES: 73 .? ft. from s�C;7`� Sec. line. and //77 ft. from (north or southl SUBDIVISION: 5 arc 1 ) 1 5j� STREET ADDRESS AT WELL LOCATION: (1 R 3 i 1 For Office use only Twp. 5 , Range 57,2 rq5 Sec. line. (east or wasp LOT BLOCK FIUNG(UNIT) 4. STATIC WATER LEVEL: <) ft., Date \ t s c\kA Time Measurement Method: m - C ( , , , Length of airline (if used) 5 6. PUMP: Type �, ' lit Power Source , Horsepowor , Discharge pipe \ ft. , Setting \ S ' feet. in., Discharge Pressure 3c FLOW MEI ER: Manufacturer \(.. Type Diameter \iy inches, Average pumping rate �� gpm., Volume pumped during test 7. 8. TEST DATA: Date of Test Time Pumping Level (feet) • 3o 1 4ti t 3 ' s) >{ 7 . t t '.:4 0 `l f1 , 1 a',p,) j(\.', . ? \ \� \S\c\A Drawdown (feet) DISINFECTION: Type t psi. Pumping rate Pumping Pressure (9Pm) (Ps) 10 — Recovery Data — Time Water Level (feet) r1.4t o9,.°1 Amt. Used Water Quality analysis available. ( 1 Yes Li No 10• Remarks / 11. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR / Mailing Address Name/Title (Please type or print) Slgnatur Phone 2-4 c 7f Uc. N Date • FORM no. I SUPPLEMENTAL TEST REPORT GWS -39 1 11/90 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER / 7,397(77 2 OWNER NAME(S) „ s I � � o•-1 Mailing Address ..._200 � 7 � .-•< City, St. Zip R • _(i Phone (.?o ?) -30 For Office Use only 3. 4. WELL LOCATION AS DRILLED: r/ii) 1/4 1 S 1/4, Sec. A -z Twp. 4 5 , Range 92 DISTANCES FROM SEC. UNES: -023.2 tt. from -,-7z-,,-7`,-/ Sec. line. and /yf, ft. from �Q514 Sec. line. (north of south) ICCs( Or Wean SUBDIVISION: . S„_„ \) ; 5� �,\_ LOT BLOCK FIUNG(UNIT) STREET ADDRESS AT WELL LOCATION:0 R 3 3 1 STATIC WATER LEVEL: ft., Date \ 1 �s���� , Time Measurement Method: t C1 `e Length of airline (if used) ft. 5. 6. 7. PUMP: Typo �, ,1 Y1„ .,\t , Horsepower \/� , Setting\ Power Source S S feet. • �> (1„. Y,�..-\- , Discharge pipe \ xi, in., Discharge Pressure .3, psi, FLOW METER: Manufacturer \(..K n� Diameter Type \'�� � *� � =�� inches, Average pumping rate \\ gpm., Volume pumped during test \QN,`.( qs„\ , TEST DATA: Date of Test \ A\SlQ\\— ta _ Time Pumping Level Drawdown Pumping rate Pumping Pressure Time Recovery Water Level (feet) (feet) (gpm) (psi) (feet) \\',n tl .'o \ n nS .-s-Q.1 t n Rl, c.)_ .2 ' TS- ,. I . 1 . "3l 1 l •, Q o . Lk. t t t � i• 0 .' ? . I .:q0 `k.(). , t ••Qk) NQ.(; • 7 8. DISINFECTION: Type (2_ 1,1! ,• J, 2 Amt. Used '� yc, 9. Water Quality analysis available. Yes No 10. RemarksZ„:„.7,/,--J / • 11. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge_ (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor -1 CONTRACTOR / Mailing Address Phone Name/Title (Please pe or print) 7 52.r. Signatur Date • FORM R0. GUS -39 11/90 SUPPLEMENTAL TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 1 7 7,y 7 2 3. 4. OWNER NAME(S) �. 1A?,• S tiJ I w�rr� ("7„,„ Mailing Address .._9c5c., G , 7-2 4 rl °n r f City, SL Zip R • •(L Phone (� ?) ‘-2..3--.30 2 For orifice use only WELL LOCATION AS DRILLED: 1-/m_/ 1/4 , S� DISTANCES FROM SEC. UNES: '3.? ft. from -4--)z,.,--7e/ Sec. line. and (north of south) (vest or west) SUBDIVISION: Syr \ ) LOT BLOCK FIUNG(UNIT) STREET ADDRESS AT WELL LOCATION: 0 R 3 3 \ 1/4, Sec. A._7. Twp. 4 5 , Range 9,2 42 7/yam ft. from � 572— Sec. line. STATIC WATER LEVEL: ?; c:) ft., Date \ 1 \ �� \`�`� , Time Measurement Method: S'c\ - < r , , , Length of airline (if used) ft. 5- 6. 7. PUMP: Type � nom„ _ s , 1� , Horsepower �% , Setting \ S S feet. , Discharge pipe \>4 in., Discharge Pressure cm psi: Power Source (>\- FLOW METER: Manufacturer "fir C Type ,-\\i `Diameter \.',),.\ inches, Average pumping rate \gpm., Volume pumped during test \`:\,ss n 9 TEST DATA: Date of Test \ \\\\Q\A Tita — me Pumping Level Drawdown Pumping rate Pumping Pressure Time RecoveryWater Leve( (feet) (feet) (gprn) (psi) (feet) 1\'‘n a . 0 1 0 n S t, 1s ,moo R.? • 0° 7. a •;Q,> \t\., . 2 ' y•/• 1 a. DISINFECTION: Type (1 1.1 t, ) Amt. Used lir, s Water Quality analysis available. U Yes ,© No 10 Remarks L� 1r ` lir 7t7 11. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor. r CONTRACTOR Mailing Address Name/Title (Please t pe or print) ,s SIgnatur Phone Uc. Not?". Date - FORM N0. GUS -39 11/90 SUPPLEMENTAL TEST REPORT STATE OF COLORADO, OFFICE OF TRE STATE ENGINEER WELL PERMIT NUMBER / 77,7 7 2 OWNER NAME(S) .7D.„,' s /Ja��lc � r.q Mailing Address City, St. Zip R: -{ 1, s(1 k Sc Phone (?o.?) Z.23--_30 z For Office Use only 3. WELL LOCATION AS DRILLED: r/mLj 1/4 , Sc- 1/4, Sec. A - Twp. DISTANCES FROM SEC. LINES: ,� 7 j .2 ft. from s7c7Sec, line. and __7/3/�, ft. from (north or south) SUBDIVISION: SyG \ ; 4�-c STREET ADDRESS AT WELL LOCATION:0 R (east or west) LOT BLOCK FILING(UNIT) 4. STATIC WATER LEA/EL: 2? Measurement Method: 5't1 C 33\ 5 , Range 72 &j Sec. line. ft., Date \ 1 \ \\C\_\ , Time \\', r , Length of airline (if used) ft. 5 PUMP: Type S ,� li\t Power Source , Horsepower \,Y, , Setting \SS- feet. , Discharge pipe \>Q in., Discharge Pressure . m 6. FLOW METER: Manufacturer \<•Y Type \Diameter \/\ inches, Average pumping rate \� gpm., Volume pumped during test \Q'‘,• c. go 7. 8 TEST DATA: Date of Test Time Pumping Level (feet) n5 �n-1 5- .Ra • Q t 7. 1 a'•Q \t\t • ? \ \\\S -V-\ Drawdown (feet) psi.. Pumping rate Pumping Pressure (g1m) (psi) t n t5 — Recovery Data — Time Water Level (feet) ro us. cl Qt DISINFECTION: Type (, (,. or - 10 '- Amt. Used Water Quality analysis available. Yes 1�r1 No 10 Remarks 11_ I have read the statements made herein and know the contents thereof, and that they are true to my knowledge_ [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR / Mailing Address Nameftle (Please t pe or print) /17 Adr Signatur Phone , f �-c&211 Lic. N Date - ,ITY e i't ILIA C'kil.-10b*N J.- r. c 3/ b Pt � 4 ‘St rte.. 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L x- 70 S1l/,Coloraelo 81562. 970-276-2.3_S3 May 26, 1995 Dave Michaelson Garfield County Planning & Zoning Commission 109 Sth Street Glenwood Springs, CO 81601 Dear Mr. Michaelson: In regards to both the Sierra Pinyon Subdivision and the Sierra Bluffs Subdivision, the Town of Silt has the following comments: The Town of Silt is concerned with the road situation leading to the subdivisions from the 1-70 interchange and the roads within the proposed subdivisions. 'As the unincorporated area around Silt continues to grow and be subdivided, it is important that the county roads leading to these homesites be upgraded or at the very least have plans in place for future upgrades. Continued growth both north and south of Silt should require road plans that will address current and future growth in those areas. Development fees for road improvements or special taxing districts might possibly be a couple of methods that could be utilized to help defray the cost of future improvements and continued maintenance of what appears to be substandard roads already. The Town would also hope that the County encourage road development within the subdivisions that will be within, if not better than, the current county road standards as to percent of grade. Emergency access to rural homesites is of utmost importance to our fire, police and ambulance departments. We appreciate the opportunity to comment on these matters. Rega Randy Co Chairman, Silt Planning & Zoning Commission I,au Post -It'" brand fax transmittal memo 7671 lit of pages To Ail F►orr Co. - ca mG PiaK fp ef- De t. Phone H P /J Jr.i X76' C"# th6 r — 775'5 Fax S 3 72b - 3 7 H O \t F <) F T H I' SITT t-{ I S i O R I C.: A I. MUSE Ll 14