HomeMy WebLinkAbout2.0 BOCC Staff Report 12.04.1995 - 01.15.1996BOCC 12/4/95
1/15/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Anthony (Joe) Zelenka
LOCATION: A parcel of land located in Section 33, T5S,
R91 W of the 6th P.M.; approximately two (2)
miles northeast of Silt, along CR 238.
SITE DATA: 80 Acres
WATER: Shared well
SEWER: Individual sewage disposal systems
ACCESS: Direct access from CR 238
EXISTING ZONING: A/R/RD
ADJACENT ZONING: O/S - All sides
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within an Unclassified District as designated by the Garfield
County Comprehensive Plan's Management Districts Map.
Il. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is an 80 acre in -holding surrounded on all sides by
Bureau of Land Management property. The site is in native vegetation consisting of
sage, grasses, pinion and juniper. A steep ridge forms a western border to the
proposed lots and an existing, perennial drainage flows through the northeastern
corner of the tract. The lots to be created can be thought of as existing at the head
of a box canyon, at an approximate elevation of 5840 feet, with slopes along the floor
of the canyon ranging between 6% and 12%. The ridges surrounding the floor rise
at much steeper angles, generally greater than 25%. See vicinity map on page
B. Project Description: The applicant is proposing the subdivision of the 80 acre tract
into four (4) parcels of 2.02, 2.03, 3.37 and 72.6 acres, more or less. The smaller
parcels to be created consist of the northeastern corner of the tract and lie on the
eastern side of CR 238, the larger parcel would consist of the remaining acreage. The
applicant is proposing developing at least one (1) of these parcels into a single-family
homesite and may, in the future, sell the remaining small parcels for single-family
homesite development. It appears this subdivision is necessary as an attempt to
secure adequate financing from a lending institution, which would enable the applicant
to construct a dwelling on this property. Apparently, the applicant's lending
institution is willing to lend money on a small acreage parcel, but not on a large tract.
See sketch map on page
• 1
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than cr total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County clerk and llecorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to he divided by
exemption that is split by a public right-of=way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable;
A deed submitted with the application shows the parcel existing as of December,
1981, when the applicant purchased the property; Book 589, Page 121, see deed on
page 7 . It appears the seller of the property was the original ow of the
property as referenced in Book 73, Page 6. See deed attached on page
An additional search of the County Assessor's records has not resulted in any other
deeds regarding this property except for a deed which conveys an easem t (for what
appears to be CR 238) back to the previous owner. See deeds, page /J .
B. Zoning: The subject property is zoned A/R/RD and the proposal appears to comply
with the two (2) acre minimum lot size requirement. The applicant has submitted
information with the application that indicates at least one (1) contiguous acre of less
than 40% slope, for each parcel to be created, is available for building envelope
designation. See slope map, page /5 . The applicant has not proposed
development for the remaining acreage; however, if another homesite is designated
at a later time, it appears that at least one (1) contiguous acre of less than 40% slope
exists.
Water: The applicant is proposing a shared well as the water supply for the lots to
be created. A new well was drilled in September, 1995, and was pump tested for 7.5
hours, at varying rates, with production found to be 12 GPM. The static water level
was located 60 feet below the surface and the drawdown stabilized at 81 feet. Total
well depth is 120 feet. After one (1) hour, the well had recovered approximately two
,) feet- i, with total recovery estimated at 12.5 hours. See well information, pages
. The well permit application is for an exempt domestic well that would
serve up three (3) single family homes. The applicant has submitted an additional
well permit application for an exem t domestic well for the remaining acreage. See
well permit/application on pages 1 ' 1
The applicant has submitted a well -sharing agreement (see pages 12 I ") which
appears to be adequate. In addition to this agreement, the applicant will be required
to designate a 20 foot radial easement around the wellhead as well as a 10 foot water
supply line easement. These easements will be required to be shown on an exemption
plat.
Sewer: The applicant proposes the use of ISDS for the lots to be created. According
to the Soil Conservation Service, soils on-site are predominantly of the Torriorthent-
Camborthids-Rock outcrop complex, which comprise the steeper slopes. However,
the proposed homesites are located on Olney loams, characteristically deep, well -
drained with moderate permeability. These soils have limitations to building site
development, chiefly due to slope and low strength. The use of ISDS is moderately
constrained by slow percolation rates. Staff suggests a plat note be included to
address these limitations.
State and County Health Standards: No state or county health standards appear to
be applicable to the proposal except for ISDS setback requirements, which should be
verified by an engineer.
• •
F Access: The sole access to this property is via CR 238, an unimproved dirt road
which, from verbal representations made by the BLM, may not be located on its
deeded right-of-way. Furthermore, a recent deed indicates that this right-of-way may
have been returned to a previous owner. The road has recently been graded to allow
a water drilling rig to access the applicant's property; however, use of this road by any
other vehicle that does not have four wheel drive capabilities and good ground
clearance is in doubt.
Fire Protection: The application does include a letter from the Burning Mountains
Fire Protection District that the applicant provide a 5000 gallon water storage tank,
and adequate access to the tank, on a portion of the property, prior to the completion
of a second home. Staff assumes this tank could pro id peak demand water as well
as water for fire fighting purposes. See letter, page . The property is located
in a wooded area which could be susceptible to increased wildfire hazard, especially
as human density in the area increases. Staff would recommend a plat note be
included which addresses this danger and steps that can be taken to mitigate the
danger associated with wildfires.
H. Drainage: A perennial stream runs through the northeastern corner of the property
and, given the types of soil on-site, may erode its banks at an increased rate if
vegetation is removed during construction. Staff recommends that the applicant
adopt measures to prevent erosion of the banks and the possibility of downstream
siltation.
I. School Impact Fees: The applicant will be required to pay the $200 school impact
fee, per lot, for any newly created lots.
Potential Road Impact Fees: If or when the County adopts a road impact fee, the Tots
created by this exemption will be subject to paying that fee; paid at time of building
permit application, paid by the building permit applicant. This provision shall be
included as a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, subject to the following conditions:
I . That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3 That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Impact Fees, per lot, for the
creation of the exemption parcels.
5. Control of noxious weeds is the responsibility of the property owner.
6. That the following plat notes be included:
"Soil conditions on the site may require engineered septic systems and foundations.
Site specific percolation tests at the time of building permit submittal shall determine
specific ISDS needs on the site.
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade.
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"This exemption was approved based on the use of a central well and shared water
system. There is no assumption that a household use only well will be a dependable
water supply. Any purchaser of a parcel of land that was created by this exemption
reserves the right to use the proposed central water supply."
�ti r�v
"No further divisions by exemption will be allowed." "}^'
��r in1►Tlw� , ma,t;s car (Z Z3 51-14 1/ a� /114iNr✓di✓�t, %�r /
That the applicant adhere to the suggestions made by the urning Mountains Fire
Protection District and consult with the District prior to construction in an effort to
guarantee access by emergency vehicles.
8. That the applicant demonstrate the physical quality, quantity and dependability of the
shared water supply by doing the following (if not done already) and presented prior
to approval of an exemption plat:
1) A well be drilled and a 24 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level,
3) The results of the 24 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
4) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day,
6) If the well is to be shared, the provision for a 5000 gallon water storage tank
as suggested by the Fire Protection District;
7) A discussion of the mechanical components of the shared well system to
include the pump, water supply line, storage tank and other components (for
shared well systems);
8) A legal, well sharing agreement which discusses all easements and costs
associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made (for
shared well systems);
9) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
•
•*
SKCTCI-/ M4?
- 6-
Recorded 10
Reception No.
0
•3 t it
7'IUS I)G:h;l) 114ade this
day of
r
nl.. U 2 2 1981_
December 19 81.
between JOHN 0. RICHARI)SON and PAULINE MUND)Y RICHARDSON
201 Fast Wilson, Monticello
County of Pia tt y(of {Isle
and State of ' !S�ari(1 tl,e first part, and
IiANTHONY J. ZELENKA
whose legal address rs>
I 0 Box 111111, Glenwood Springs,
of the l_;uut of
Colorado, of the second part:
) Garfield
WITNESSETI{, That the said parlieSof l he first part, fur and in consideration of forty
00/00
thousand and
to the said part )es of the first purl 1(l hand paid by said part
hereby confessed and acknowledged, Ittl, DOLLARS
granted, bargained, sold and con1veyed, a"n'ctlrlr,y these presentsdo
is
ever, all the following described 1((grant, bargain, sell, convey and confir00, onto the said part y of the second part, ItISheirs and assigns for -
County of Garfield I,:nrct-1 of land, situate, lying:utd being in the
TOWNSHIPSOUTH and Slate. 01 Colorado, to oil:
, RANGE 2 -WEST OI PHE 6TH P. M.
SECTION 33; S}<eNWyf, —_ — -- _.
EXCEPTING THEREFROM that parcel conveyed to the Board of County Commissioners
of Garfield County by Document No. 35190.
and State of
.ebrde S9 111E 1
rc,rder.
DEC 221981
Eti nyr ,,,,,,rtvrrim firt
COUNTY OF GARFIELD)
STATE OF COLORADO
also known as street and number
TUCI•:•flll•:u with all 0101 singular" the hereditaments :utd appurtenances thereto belonging, or in anywise aP1(cr-
taining, :tad the reversion and revel -50)11M, Fenn:MMMI(1(.1 and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claire Mid demand whatsoever Of 1 h said part les of the first part., either in law or
equity, of, in and 11( the above bargained premises, with the hereditaments and appurtenances.
TO IIAVI•' AND TO I1UL1) the said premises above bargained and described with the appurtenances, unto the
sand party of the second , 1
,:u
I his heirs and assigns f1(rcven. And the said purl les
of the first part,
far them 51'I L}lelncCirs, executers, :tad adnrinrstratora. du
with the said party of the second ,:u t, covenant, grant, bargain, and agreeeto and
1115 heirs and assigns, that al the tinur of the caseating and delivery
of these presents,
they are well seized of the premises „Love conveyed. as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ba ve
to grant, bargain, sell and convey the same in manner and 11(101 as afurc's;Id, ands trhat ll!tre salrinlet)are free andl)c0le iy
from all former and other grants, bargains, , sales, liens, taxes, assessments and encumbrances of whatever kind of
nature socvttr' , except P general real estate taxes for 1981, inclusion :in special
districts, United States Patent recorded in Book
73 age35393 and Easement for:)the county road from SlaughtertGulcch toaSmiths eDollnCoNo.
al
Mines as shown on the map of county road recorded June 6, 1908 as Reception No.
35310,
and the above bargained pren0isc's in the quiet a0(1 peaceable I0,ssessnon of) be said part y
chehis heirs and assigns against all and every person nr 1(115(05 law(ulll' clainiin), 01 11( claim thet'w holesd o1r a0n(y para
thereof, the said part nes
of the fust part shall and will (VAI(RANT AND FOREVER DE VEND.
IN W!'l'NESS WHEREOF, tlie said 'tart 1e8 of the first part ha ve hereunrlo set Lheinand S
and seal g the day :rad year first above wrrl ten.
ILLINOIS
S'I'A•1' E (.) r ' 71 /yi(/A'W t,i
Conntr of P1/1'11'
The foregoing inclriiinenl was acknowledged before nu• this /17I ; day 1(l
19 81 .14y JOAN 0. RICHARDSON and PAf1L1.NE I''IUfNIDY RIC HARDSON
111y cun,tI1Iss1u11 cxpnres
jss.
,.1.
JOHN O, RIC111RI)S00
_ _(SEAL)
(S1•;A1,)
Ja
PAULINE MUNDY U1OIAHDSONISF:AL,
No. 1)32 WARRANTY DEED—For Photographic Ilocurd_
DECEMTBER
I!I Ve'(1in' s my hand and official seal.
1,Naltnr
as Y (t..:�
- • r •
xff.l
1 /
Ili aJlo,d PI „bin •. �slh)w•c,
r' 4"r'I A4onoc. Gotdcn, ColoOndo 80401VJ%_N (i4# 8-o-•
''`
4 407 n-ly
THE UNITED STATES OF AMERICA.
(IT? ab to whom these Presents shall come, GREETING:
certificate No. 1 /5',/
WHEREAS,
ha .. deposited in the CENE14t,.1',- OFFICE of the Ul ed States, certificate
Register of the Laud Office at__
LAND
ccrf
t to
pj whereby
that loll payment has been made by the said _ lrlvt.-1/iln .�[.c ts{
according to
it
of the
appears
the provisions of the Act of (. Congress of the 2111, of April, 0)20, entitled
An Act making further ((provision fob the sale of the Public Lain's," and the acts
supj>Iculeul[tl thereto, for the rl/(J/.!,(� /(n ( r -%J ) —_y
.. s. 110 C. / .o- --V 1/6
.61
Q c -4.P.,>
according to the • Official Plat of the Survey of the said lauds, returned to the GENERA I,
5ai veYor ( net which s;,)(1 /Tract has been Purchased by Ilse said
NOW KNOW VE, That lh((Nl'l'l;n STATES OF AMliltl(:n, in consideration of the premise,,
'
1,A N1) OFFICE by the
in con 1111} ,till] the several Acts of Congress in such case made and piovidcd,
1IAV) GIVEN AND GRANTEI), ant (3/ hese Atcscl)s DO GIVIi• ANI) (:RANT', nolo the said
f�
f(/„) -" heirs, the said Tract al' u'ce .doescrrr bte/d; t TO rt A
_Nmo1in 1'O[/
1101,1) the saute, together
with ill the rights, privileges, immunities, and alum!teuances, of whatsoever nature,
thereunto lief? {r ing unto the said
and to 'i,(_o heirs and assigns (19 ever;
rights for mining, agricultural, manufacturing,
and reservoirs used in connection with
acknowledged by the local customs,
right of the proprietor of a vein
Ilie saute
law; and
ditches or
h
0
r
Recorded.
be found to penetrate or
Oleic: is reserved
canals constructed by
GEr '5
c9
11
such
laws, and
or lode to
intersect pre wises hereby granted,
ftou1 tate lands hereby granted. a right of
the authority of the United St
les. (�
In testimony whereof I,F-!(P.r rdrt JLa._o-z,e_-r•e-
i tcsiticul of the
United States of Ante; lea, have caused these letters to lie mile
Patent, and the seal of the General Laud Office to be hereunto
affixed.
L til% V) ✓ Y L(:- ,<..... Y/, o o Pt/
subject Io any vested and accrued water
or other purposes, and rights to ditches
water rights, as may he recognized and
decisions of courts, nod also subject to the
cxl rad
the
and remove
his ore
therefrom, should
as provided by
way thereon for
GIVEN muter toy hand at the Cil of Washington, 16c
// / }'
-' (('-r P �C IJ c —_day o L_— ___(—' c_.--
h iu the year
of our Lori nuc thousand nine hundred and_.(? 7 �!_—._
and of /)he independence of the United Stales the one hundred
ant !( t, G ,-e
Ily the President c) t'rr-zro-nP, •J oJ_n
2- /(
/ J
, t a
, Vol._�t "S , Page
Filed for Record the = _day 01�, b _ ' c.�\. D. 190 b/• t // cJ
� _o'clock (5/--
�
LC n PAS Recorder
Li-,_,. Sec tela ry.
c.e.('/, rL --
Recorder of the General land Office.
l
Ubto ipeco,„. ./,i.(fq
,.. • „ day
(2 ...‘,
Ilei„C1:11 . l'llti.‘41
1'1/
It, the year 01 our Leda one tbonaand nine
of the County 01
arid Stale ol Colorado. of the lust part, Bili/ /- i
•-
of the Cororty of „ 2......,otortl Stale 0; Colorado, of the second part:
.1
W 1 TN lititiliT11, Thal the 0101 !uric./ of the first part, for /11111 ill cousIderation of 0)01BUM of
i.-1,..1
— (2_
to the said part.ift___of >Ire first part in 11..011 treitl by the 0ili11 11111;,0'V____L0i ;Ile second part, the receipt whereof is Iretelry confessed nod acknowledged, beet
=:granted, 1”rgainetl, sold mot cooveyvtl. rimIre thew presents do.,40... grant, bargain. sell, convey tool coon.] roati the said partd the second p„,i.ce—a ...t4.4..c.e0 -
-:;rilit7s;rg ..i/fte're'ilret, all the ft/Honing de...lied lot.____or pared of lurid, situate, lying 111111 being in the County of_c;..-4-1.--,--o --l.-4.-/- trf
and State of Colorado, to -wit._
— —
d. (0 0 z:( r.t lt eft, o r.t t f.e'r ed.
AO 4, 74, .d e
e.‘‘,:js e ri-1(.7-:: crd- 1../ vg
, er,i7/(.11`; c._.< 41. 77' ,7 1.37 Gil;
1/ /0) „ /11' ) it i ; 1 A.( ,y
41 C t ./Ari- (1 el,"1 ALI 0• e
tya (j- e. 0 , , (A / (1 4 /./(/ 4.1 0
04 Joo
7
and oIo, the Illiltllik11111:110N 111141 IIIII/111;011.111,5 thereto.” behroging. o, to anywise oppertainirand the 'ever -shot anti reversions,
remainder :orti setrorionlers, terns, is...3 nod profits 1111:111111; 10111 all the eitatv, right, titles 1111i:relit, Chilli 1111.1 demand whalsoevel:, of the said partsy__....of the first part,
either iti law or equity, 01, to tool lu the above 1/.1I1411111,1 preutist a, with the beletlitatareots atol appurtenances.
iftel.rslr;rfor:,;1,,alio`tet:rer. And the said
11,tv AND Ttt 1101.1/ the said prerniscs alrov, hargait.1 and described with the appurtenances, lotto the said parl.y. ....of the second parl,.0effell/...,LY-4...12..14C--.
'
(k.;„,"
e p .
..... ..of the first thol, lot. lAt.t.a.1 ./ rfAco heirs, executors tool administrators, (1,3.44 .covettant grata, haryalo nod agree to arid with the said part,/ of the
second part,CA.Ace:I0001 time of the ensealing 10,1 delivery of these pr0sents--....0-l4--! seised 011he premises above
conveyed, as of good, sore, perlect, alisolote 111111 11111Cit11411111: 001,110 of itthetitontee, in law, in fee simple, anal lone -a„.. good tight, hill power and lawfol aothority to grata.
It...guilt, sell and convey the saute, to 111 .,11110r 111111 I01111111011.11111, 111111;1011111C o,,,,,,,,,., free and clear 1101111111 former and other graittv, bargaius, sales, liG119, taxes, 050ess-
1001110 11111.1 toctoribrarrees 01 trItatever Lirol____ 151/0000;
11 1
soil lite above liter -gabled plemises, hide quiet and peacea df. posseslsion of the said party of the second pn,t,(-Iveciiii.4)..‘!.`1:e7s ;.:'...T. e';'"-;s•ils-fg'-el.-;ntt. .. . a-1-1-a-1171—ev-le-r;
pet soil or 11ets000 lawfolly claiming or to cirri. the w111111; Ill 0110 1/011 ;Ill:1011. 1110 11111 I/.111.<1-/ 131 1>11:. litst pall shall 111111 will WARRANT ANI1, lORt. D
IIVItlIII'Lit11).
/IN 50 1 niRss wilEk15010, 4 he said moll .orl the nisi pot1 lt04 hen:onto net . -1.1,":,() hand 11011 sent .11.0 day and year._... Ant-A./above wi hitt,
• et-.) CA...-- te-l' ,.."' N- -c4-4_ _ [0110 LI
(SEIAL
(SHAL.)
Sionell, Sealed ..nil Del11e1041 I/I Preunce of :
1.11 rt. ell 0 )lll (k..,, --a .., .,,...6.- -,-7
Ceitd
STATE: op, CO I -01.2A DO, 1..
7)/ /I
ss.
in and for said Coouty, to the SIlkle olotesaitl, hereby certify ta.0 e.„). -
wI.o1l pet:tonally know,, 10 1110 11.1 be 11111111i suloscribc.l 0 Ille ...eyed Deed, appeared bylo,e me this day
Itt
person tool nektionledged 11111.0_ 1" sigoed, sealed and deliveled the said Inst.-m.1a! of writiog as it _ _
tree arid voluntary act, for 11,0 ,0s05mid pitrin,Sta 1110, 01,, set ;01;11.
CiV1211 ithy Seal, this —day
aL_ 114 t I A D 19DK
aly-etionnisstou expites
(
Piled fur Recold (00 \
(/)j4-2/
t. \
,e, 6)-A )//r, ),427,,:ct
—A. D. 1911', ul (.2? 51.
CR) Q.. t(-( R
) ecorder
Ily
DepUly.
(()"
LE(OAI. r U11[,>')
• W
1.111, fl•'(
July,
QUIT CLAIM DEED
Statutory (ILLINOIS)
(Individual to Individual)
TIIL GRANTOR
of the _._ CiLyof lionolul_u
County of Hawaii
for the consideration of _ _ -------Stale of
ooc
Recorded at 2:59 P.M.
Reception No. ��1ay 17, 1972
>>809 Ella Stephens,
Recorder.
Bonnie K. Phillips
(The Above Space For Recorder's Use Unly)
•
CONV[1' _— ;ld (ll1 l C•I.AIM ___-- to .------ John 0.Richardson
of the City
of Clncag°(•ounty of Co°lc — — __
all interest in the followingdescribed Y State of _ Illinois
g IZe;II [state situated in the Count of Garfield
Slate interest
n)Xt l llo
— -- in the
Colorado
1Iawali
Book 431
Page 69
—_-- DOLLARS,
in hand laid,
The S1/2 of the N[Jk of Section 33, Tp 5 S. Rg 91 W. 6th P. M.,
County, Colorado, subject to the easement of a strip of in Garfield
30 feet on each side of a line described as follows: land 60 feet wide,n
the north and south center line of Sec 33 Tp 5 Sg 911ginnin>
Beginning at a point on
k corner to sections 28 and 33 i. said Tp bears N. 23 e., whence the
48' W. SIIS.IIj feet, thence �32' 2355 feet, hence N. 27°
W. 5 47[ I N. 34 W. 531 feet; thence N. 77 09' W. 275 feet,
[0 W. 30 Feet to a point on the E. and W. center line of the
NW ; Sec 33, containing 1.95 acres, more or less.
hereby releasing and waiving all rights under and by virtue of the I Iomes(cad Exemption Laws of
of IllltKi s.11awa i i .
the Slate
PLEASE
I'RINI 011
IYI'E NAMES)
a1 ow
SICNA1 IJRLIS)
I),\•I3Ef) this
day of
syr ��CiI�YU.Q_ �)11� l
(Seal)
(4 5---
v
(Seal)
awaJ. i, ----
State of 1111K(Y\, County of ___.__f(a[•)aLi
and for'Ciiifl't'ounty, in the State aforesaid, I)0 1ILRLRY CERTIFY (hal
1N N
Bonnie K. Phillips
Ola Public In
( le undersigned, Notary )
0mialeis Personally known (o Inc to he the same person whose na>nc
y
r, "• ; _ .Llbscrit)c(1 to (hc f[>rcgoing instrument, appeared before me this clay in person,
- ;•SEAL
• and acknowledged phut._-._ If-_ signed, sealed and deliver
_.(-1-P1191'.0_.: = Is._ -._-he d the said instrument
free and voluntary act, for the uses and purposes (herein set
rel
19/c>2
(Seal)
-------_ (Seal)
or(II, including the c,Ise and waverof the right of homestead
Given. tI?Ic7eriill-lI�uld and official sea
Commission expires /YL. -CC. -2,0
MAIL- TO:
, this
---- INaineT---'-
- -- fAil fressf — ---
�ily. Stale an7�Tip1
OR RECORDER'S OFFICE BOX NO.
t.
2s
i
clay of
ADDRESS OF PR01'ERIY:
NOIARY I'unLIC
1111 ABOVE ADDRESS IS FOR STA nsTicA,• PURPOSES
ONLY AND IS NOT A PART Or l IIIS UL'ED,
SEND SUBSEQUENT FAX MILLS TO:
fNanlel------
I
2i38W(lN -L 3KnDocr
""011"4.^.4..:"�L.'
-^�,"^u�
.~
QUIT 'CLAIM DEED
Statutory ou/wo/q
w^ou
JulyAll
(Individual mIndividual)
__
hook 431
Page 68
Recorded at 8 I` y1
Reception yJ-»`��^ ^
^ �.,U08
(The Above Space For Recorder's Use Only)
U{EGRANTOR VIRGINIA y HALEY GINIA LEE PHILLIPS)
--'
'^-
o/'mc-'.���Y— o[Ncvpu c D �--------'-
[»/� the cox`io/ _City_or ��)Coo»( -------
u00000[ ' -' State of
� one
Florida
May T7, 1972
Ella Stephens
I/eCoz,cler.
_
[()MV[Y C --and 0UU�O /\|��S uw��»«x'
--__--_--'—_________ -- m i
-----JVU!!p._K%C/kUU)SON_ » hand paid,
o[the __C,./CY__o[ Cku�(-�----�---------'-----------
oU/»/cou �o Uu/v|| `----�«omY«[_�ook
State of [OS);( following described Real Estate situated /o /^----'umc»/ --IlI�noiu_________
�� m °i�� the Garfield
� --__'----_-_- in the
Colorado
------
?heS\ ofthe
0g� ofSection 33, Tp 5 S. Rg 9l W.6th P.
County, Colorado, »« )ect to the M., in Garfield
30 feet on each side of u line e:«nm«»� «� « strip of land
60 feet e
the north and south center line described ac follows: Beginning at
wide'
� corner to ---^. �' »� Sec 33 Tp 5 v " ., " c « point: on
48' ''—^8»�=cc'oou^.ZU and 33 fp said Tp be"~~'' «8»�o'' whence the
,�-- -.'o f"e`, won," N. 34 x,/ "~�" N. 2355 feet, ~�_- . 27
thence N. �/ 40' W.30 feet
�^ W. 531 feet; t}�e�c�`U�uc� N.
0H� Sec �]' couLx(ouX l-ecc t« a point on the E.and W. N. 77 O9 W. 275
` ':) acres, more or less
center line of the
hereby releasing zinc' waiving all rights mnWu d k
o/ Illinois.»» y
DATED this �.�
-- ---'---�u"_ day _, ..
"/ay_.^��
.,'�_
/
/ -.
feet'
L.1.1
�
-c2
vi*/ro[the /|owcgcxd[xcm/niooLx�xo[the State |� '
-
/.
_', � //r
_
PLEASE �\
' (So`|)\�\_.
'«w'^» ��2
`,,r°x�n* ` June T�}~ �i������- Virginia (Seal)
, /� ,, ^'z=� ---- --
iiELOW VIRI.;lNl-A_P_IIA
-'D--Y--'--_---
. (Seal).
—( 3m|)
---
------------------ —,IG'~'~^~*—'—- 514Sierra Terrace ---------
(Seal)
FLORIDA
Newport Richey, Florida ]]352S:xc of U|inai-s. County of _Pasco
and for said County, in the State aforesaid, 00 /|B<B3Y thatCERTIFY ss. |' the undersigned, aN«/»/y Public in
,',,,,".
VIRGINIA P. HALEY
personally known to me to be the same person___ whose name
•
"��--
ay
n person,
ged that____she_ signed seziled and delivered the sind instrument
•:.,_...\ '... 6, , free and voluntary act, for the L1SCS and purposes therein set
-,.',,)•'., • : [Milt, lileirlding Ille release and waiver or the right of homestead.
foregoing instrument,
cm opycxrcd before —�^m��> �� Giv,en`iindec,niy:lianO:Tind official seal, this_ 2nd
' Commission `^,'my_Cvomuu^o''xmno_Amo�1,-94 ' '
. ,,„,,,,,,,,rtNotary Public, Slate ol Florida at large
Bonded By ^~~^ . /� B. C^~�, Cu.
MAIL Ta
011
r-----------'_-'
;ITS 1-
vr�poosn'aorp/c, 110 wo.
NO/All,nmm
ADDRESS n,PROPER FY:
ONLY AND IS NOT A PART 00 .HIIS DIEF:D.
iND �wr`^xnx/�/*
~�~ _-_'-_-
/w."a--�
213EIAMN INEIAInDOC
UGUIILIG L. LULL
LEGAL r)Rras
IVU, Li([
July, 1'
QUIT CLAIM DEED
Statutory (ILLIRois)
(Individual to Individual)
THE GRANTOR _-_. _ O1'nl, R.
__ ICI. (nee OPAL E. RICHARDSON)
of the City of)'ort [JorUlt _.--- —
'1 errant _
for the consideration of. — — county of—
----Stale of_ Texas
------------- - one
(TONVLY S ---
-- and QUIT CLAIM Sto -_-- JOAN 0_
---___ __ _ RI ____SON_
of theC1.1_y— __of Chicago — — — -- — —
f—
_County of—_ Coolc
all interest in the following described Real [state situated in the County of (`Ile of noi-s
State of tato-oi?, to wit: Garfield
Colorado
Nee° t11] :5O P.f1. J' - 1'7, 1972
RecepL-aon No. 253807
a Stephens,
'Recorder..
(Ilse Above Space For Recorder's Use Only)
Book 4;1
Page 67
DOLLAR
in hand paid,
in the
The S}; of the NiJ3/4 of Section 33, Tp 5 S. Rg 91 W. 6th P. M,, 1.n Garfield
County, Colorado, subject- to the easement of a strip of
30 feet on each side of a line described a_; L I land 60 feet wide,
the north and south center line of Sec 33 •I,)fol.l.ows: Beginning
corner to dssouth 28 and[' `'L a on
33 lU safd Tp bears N. Rg 91 e , , whence the.
thence8'W. 585C17j 4e t1 thence N. 3l, 32' W,2355feet t
531N. feet; thence N. 77 09 W.
30 feet to a point on the E. and W. center line of
NW0; Sec 33, containing 1.95 acres, more or less
1',A1'.1.1 1 11_1
1',l'
(
Lr)(' '-
13LUC.K i; IUI
--
VALVE
270
275 feet,l
the
oereby releasing and waiving all rights under and by virtue of the l lontestcad Exemption of hereby
re.
I t Laws of the Slate
I)A"II[) this
PLEASE
XPRINT OR
TYPE NAME(S)
BELOW
s u; NAI URE(5)
clay of
— (Seal) _-_
I9
(Seal)
(Seal)
---------- — ------ (Seal)
---------- - -
Texas
State of ]1.11)1M, County of Ter rant: r
and for said County, in the Slate aforesaid, UO 1IL?IZE131' CERTIFY rlr.v
ss. i, the undersigned, a Notary Public in
personally known lo me to be the sante person whose Rattle _____
subscribed 0) the foregoing instrument, appeared before me this day in person,
and acknowledged that _sll
her e signed, scaled and delivered the said instrument
free and voluntary act, for the uses and purposes therein set
forth, includi
b the release and waiver of (he right of homestead.
IMPRESS
SEAL
,liven (aider u1)/. hand and
I,' ,ConMiissio expires_--_--
• Oj. file..
7'1111,11 U U •���\l - ..
MAIL TO,
OR
OPAL R. ICE
official seal, this
19.
—
Icily. Slate ancfZip
RECORDER'S OFFICE ROX NO.
c! a y of19
NOTARY PUBLIC.
ADDRESS Or PROI'ER1Y;
fill AI
ONLY ANI)ND AD0ITASS IS PO11 .Sl'1TLSEECAl- I'llltl'OSI:S
SIS NOT A PART OF 11115 DEED.
SEND SUBSEQUENT -FAX HILLS TO:
0
0
n
r_
m
z
K
co
rn
i7
LEGAI FOAMS
• (QUIT' CLAIM DEED
Statutory (ILLINOIS)
(Individual to Individual)
IVU.
July,
011
Book
Page
4I.3.L flecorded Ali 54 P.M. i May 97 s
66 Reception No. 253806 Ella Stephens,
Recorder,
(The Above Space For Recorder's Use Only)
I III GRANTOR __-- [' r a n c i;:
-'-._jit. Cummings (nee -
_____--__-_-_ (nee Francis T , Phillips) 1
________ ____ ----------------- - ---
uf the Ci-ty Lawrence --- __
-------- -----
for (he consideration ul County or DouR;las
one — ----_ Slatcof__- Kansas
----------
in hand paid,
of the City —
of --
Chicago
1 (uun(y of Cook u—(110or I <n
oisCh c go
-
all interest In (hl following deurlbcd Real Estate situated in the County ()f Garfield
__
State of ltlu wit
Colorado _ in thel—
• The S z of the NW.'; of Section 33
Count Tp 5 S. Rg 91. W. 6th P. M,
County, Colorado, subject to the easement of in Garfield
feet: on each side of a line described as fa strip
30e north and I of land 60 feet wide,
t
south center. 1.Ine of Sec 33, Tp 5l ., 91W.,Beginning at: c a )
i; corner to sections 2F1 and 33 In said '1' � bears lZg 91 W. point on
- W. rB5,II5 ctio,, whence the
thence N. 34° 32' W.1531 feet; thence
feet, then09'ce N. 27°
thence N. 47° 40' W. 30 feet to a point: on the E. thence N.'77o W.
NG1-line275
Sec 33, containing 1.95 acres, more or less and W. center of the
CUNVL:Y and QUI r ('1.11111.1
to John p,Richardson
I'1 I.
sf,.
I)1
I AN;
lit.(( I, i
VALVE
I
i
I
feet,
Iw
;w
'x
(n
( -
-
,w
7_
1>
I• w
(r
O
hereby releasing and waiving all rights under and by virtue I to
of Blin 6K Kansas,
of the 1 lonlcslead Exemption Laws of (he State
u.
ll,
)TEASE
PRIN 1 OR
1 YPE NAME(S)
BELOW
SIGNA EU 1El SI
DACE) this
Kansas
State of 1��11>i County of - --Douglas;
clay of _�`�l ?i}':'.
(Seal)
(Seal)
and fwr .Mi id (u(rn(y, in the Slate aforesaid, 1)0 I11 NIE.‘13 1
��• 0 CL'I'I'll Y
jA /� o
ca %:C^eEAL
,f,. U ., =
, the undersigned, a Notary Public in
Ir1at
rclncltS __-Cllllmings
197_-"Z,
_____ (Seal)
(Seal)
personally known 10 1110 (o be the same person__ whose name _
subscribed to the foiegoing � ---
b g instrument, appeared before me this clay in person,
and acknowledged that._---'' h e signed, scaled and delivered the said instrument
,Istier
free and voluntary
forth, including the release and waiveoflthle)rr.ilhc Uses and purposes therein set
right of homestead.
h1-),c.ig��rt0. 1,11
,1 l • hand and official seal, this
Coriunission expircti(�r�'
1 `)
//lllli 11,,1.
MAIL_ 10:
OR
1
—(Cily.S(are 7Q Zip)--------
RECORnER•S Of FICE HOX NO. '--
/
0
day of'-;
ADDRESS OF PROPERTY:
19 _ ._
4Z7
NOTARY PUBLIC
1111: AllOVpADDRESS i.SI OI1 n'r151ICnl. PURP(1SIi.S
ONE 1' ANI) IS NOE A PART 01,1 IILS 010:1)
SENT) SIJIISI-:QUI-NT -rAx 1111.1.s To:
LECIAL I-011MS
hily. Vir:/
• QUIT -CLAIM DEED
Statutory ou.itiois)
(Individual to Indivi(Jual)
3-11E GRAN.FOR k ----Sharon P. Raker (nee Sharon Phillips)
Recorded al; 2:52 P.MAIllay 17, 1972
Reception No. 2538051111.11a Stephens,
Recorder.
(The Above Space For Recorder's Use Only)
Book 431
Page 65
---------- ________
of the C4Yof__ Cedar Cr es t County of Bernalillo_____state orNew Mexico
for the consideration of _
one
DO LA R5C.
CON V E Y tlitl Q1111. CI.A1M .. to in hand paid,
of the City of
Chicago County of John 0 . Rtchardson ),., / V 8 --L'i -4 .0 ..S. • I ill:: : . : : 4.,' /
C 0 Ok S 1 at e or Illinois
_ _ ___ _______ ,r__'. 7,,-•••• 7,2
all interest in the following described Real Estate situated in the County of Garfield
State of )1tIl'as. to %vit.
Colorado _ in (he
The S1/2 of the NW k of Section 33, Tp 5 S. Rg 91 W. 6th P. M., in
County, Colorado, subject to the easement of a strip of land 60
30 feet on each side of a line described as follows: Beginning
the north and south center line of Sec 33 Tp 5 S., Rg 91 W., whe
J4 corner to sections 28 and 33 in said Tp bears N. 2355 feet tb
,
48' W. 585.85 feet, thence N. 34° 32' W. 531 feet; thence N. 77
thence N. 47 40' W. 30 feet to a point on the E. and W. center
NW -k Sec 33, contng 1.95 acres, more or less
rul EH. E.
APOn (1.!-r Cia./Rt}
(.'r rh.J.
1,ANO PC1)1(.
131: ()Ct( 0001(
VALVC
Garfield
feet wide,
at a point on
nee the
ence
09'
line
N.
14.
of
0
27
275
the
c
...,,_ ............. — —...
----7•J- )
Z__':"1:,2--/ - - - •
/-•''''.. .....
hereby releasing and ‘vaiving all rig,lits tinder and by virtue of the lloinestead Exemption Laws
of:TtlroiiTs.
PLEASE
PRINT OR
TYPE NAME(S)
BELOW
SIGNA11.112EIS)
Staie
iiidfor
1)iV11:D this /
day of
Ntc).7v, (seal)
\-\c\.(;)
New Mexico
ofr051,ir-ii, county or 11 rna 1 I. 1 lo
ss. 1, the undersignedsaid County, in the State (iforesaid, 00 HEREBY (:r.:.1:T11'1' that
, a Notary Public in
Sharon 1'. Raker
personally known to me to be the some person___ whose name
subscribed to the foregoing instrument, ,appeared before Inc this day in person,
IS_ r
and acknowledged that s h e signed, sealed and delivered the said instrument '•••
IERE IIhe
free and voluntary act, for the uses (Ind purpOseS,tlyereiii'Sq---,7,—.----
forth, ineluding.the release and waiver of the right of homestead. .-'''',..... ........ . '.' .,'-,....- -..
Given tinder my hand and official seal, this \
c) ‘ • 1
': '' ' •
day 9 1-1
C
Commission expires 041,(-{AAA1 <r,-). 19 (11\- - '' \ , , 1 t, rs• % ,, : —: r•
/.4 \
,.• _. - .1 ( /0, Itial IQ ' -. .' • ' ' ''' ... . ': --
T: .-::..\ •••
r-, -
(Seal)
feet,1
!Li)
I at
of the State
!
19 2 i
(Seal)
( S e a I)
IMPRESS
SEAL
or
mme)
RECORDER'S OFFICE BOX NO.
ADDRESS or 1-11()PERI Y)
IiI A 110 VF. A 01)1thS.S P(1(1)3.1 TISTITATTPLIR POSES
ONLY AND IS NO 1 A PAR E
RN() SLIIISEQUEN1-1AX IJILLS 10:
0
c
rn
z
c
co
m
Po
ci„ C
0-301.wity=7_,. sTATIF.4.72ai:55-
sz 444%4 kni
/ r •
/r1
/e Lt.) (2 ;
t.'
3 3
" *r" pv •
• " •b•
7
71
.5 3 ,7171,
t
SLOE HAP
4,, p C:5 f5 7
11(7) 2":"'
\ •
• :7
'Tot
-A
y oc)
(65
Material
cement
5-24
Amount
3 sks
6 g/sk
WELL COMPLE1PON AND TEST REPORT
STATE OF COLORADO, OFFICE OF STATE ENGINEER
WELL PERMIT NUMBER :
OWNER'S NAME (S) :Joe Ze1enka
Mailing Address :p . O , Box 1144
City, St., Zip . Glenwood Springs, Co. 81602
Phone : ( 970) 963-3894
WELL LOCATION AS DRILLED :
DISTANCE FROM SECTION LINES
SUBDIVISION
STREET ADDRESS AT WELL LOCA HON :
GROUND SURFACE ELEVATION
DATE COMPLETED . 10/14/95
GEOLOGIC LOG:
FOR OFFICE USE ONLY
APPROVAL 11 GWS31-91-03
SE 1/4 NW 1/4 Sec . 33 Twp.
I 5S Range 91W
1452 Ft. From North Sec. Line. And 2410 Ft. From West Sec. Line. Or
LOT BLOCK : FILING (UNIT) :
Dcp111
000-040
040-120
fl
DRILLING METHOD : Air Rotary
TOTAL DEPTH : 120 ft.
1-ype of Material (Size, Colo', and Typo)
Brown Shale
Brown Sandstone And Shale
WATER LOCATED 7 5
REMARKS :
11. DISINFECTION : Type . I1T11
6. I TOLE DIAM. 011)
9.0
6.5
COMPLETED DEPTH : 120 ft.
FROM (11)
0.0
TO (11)
24
24
120
7. PLAIN CASING
OD (ill)
7.0
5.5
Kind
Steel
PVC
Wall Sizo
From (11)
To (11)
0.240
0 0
24
.250
20
70
PERF. CASING : Screen Slot Size
5.5
PVC
11. FII101 'auk
Material :
Size
Interval :
.250
70
110
9. Packer Placement
Type
Depth :
10. GROUTING RECORD :
Amt. Used :
12. WELL TEST DATA : [ ] Check Box If Test Data Is Submitted On Supplemental Form.
TESTING METHOD :Air Compressor
Static Level : 6 0 it Dale/Time Measured
1.0/1.4/95 Production Rate 12 gf71n.
Pumping Level : Tota .1 ft Date(Time Measured 10/14/95 Test Length 2
Remarks : hrs.
Density
OZ.
Interval
Placement
poured
I have leadthea sletelnei mistletoe..
Inane lineal Lind know the conl elAs Il ielrul u,ul ilial they ale hoc IJ nay knowledge (1'n. Sonia lu ;;ci'.aoi� 24 4 104 (17)fel C:ItS, the InoWnq of lxl5e sl oleo wnls conslllW as
IS )aShade as a CWfs 1 IN made
hetet,
CONTRACTOR : Shelton Drilling Corp hMuly In We second l,ey,ee and
Mailing Address : P.O. Box 1059 Basalt, Co. 81621
Name / Title (Please Type or Print)
Wayne Shelton / President
ft -a'
Phone (970) 927-4182
Lic. No, 1095
Date
10/20/95
•
SAMUELSON PUMP CO. INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS
COLORADO 81602
Joe Zelenka
P.O. Box 1144
Glenwood Springs, Co. 81602
FAX #963-8015
Atte; Joe
SALES, SERVICE & INSTALLATION
915-6309
October 17, 1995
On October 17, 1995 a well test was conducted on a new
well on the Zelenka property in Peach Ya].ley the following
information was obtained;
Well Depth --120'-0"
Casing size (top) 7"(steel.)
Standing water level 60'-0"
Total- test Lime 7 1/2 hrs.
Drawdown stable condict.i.ons 81'-0"
Production is 12 gpm
Hardness 2.5 grains/gal
Iron 0.3 mg/1
pH l 8. 0
This test was conducted with a 1 1/2 Hp Goulds submersible
Model 18E. If you have any questions please call me Raun
Samuelson at 945-6309.
Sincerely;
Raun Samuelson
WELL TEST REPORT
Name �(--�)
Address �- ° . IS I f
GL t7✓ u lC.:,2. \rs Co, -- I6G z
Date /IC-
Well Log Depth 1p(3
Telephone
Casino Size 7�
Pump Setting //0
Test Pump /}d .ei-
Water Level
Draw Down fr/ - C)
Production /67121•--
%< —;,o
- n0
!,D
DRAWDOWN
RECOVERY
TIME I
MIN. ! LEVEL GPM
TIME
MIN. LEVEL
//'L'-1 I
1 I/J/'/''
7',7
1 i 0i3'`,/
11• •z -,i G 1
-' ' II' c'"
?'„i'
2 --2”
3 igD `-%'1
/1 ' 7 1
3 I %o? -4/"
7 4
// ' qP
4 Ila; -/J •
7 - 30
4b -�
//' I
5 i ��
.` i
5 8Q -,:h"
/!: 5 1
6 b3' -i �
7, J2
6 gyp' ',
//'L;V. 1
8 Uy' -2" P54;D
7•.34
8 (?0'-4%'1
10 g^ '- p„
.36
J/.-;-)/.
12 '- f'
7 3s'
12 -,,,
!a •c)o
--1,`/G %'- c)"
7: `1/
_el7
15 2c, '- "
f.-1, ,p5 I
20 4i. - G
7 LIG
20 '—q /4,
/.:2 I
34 b7'-IYL
q /O
4'-9'y,"
7'86
S'j.O(S
7o
30 `-//1-,3A,?
40 ?Ul f-1/"
/'' "22 LJ
f-^r:3b
5‘
4' -CI "
P' /z✓
50 7y = L.,
L2 y‘)
64
'- '/
X'.-1
60 X- 7
/ /g)
90
7i-.10%' 1-\VCki-
%• 'Yr")
120
73=6Y1"
., ' l'/‘")
180
-G' Ll"
: yam)
7,5''-67:_,M-'
I
S:.3
sr, -0' /5 6 cz
' �—
A !,/..1
p1' -//"
1-160,1,1
1,:v
9l '- - YJ""
R/'- ,9"
91"-;:2Y4"
/:-Gprrt
L ',z,2 X.
,4: 34
-6:1_11
t'
,'16
91'-o"
•
^�z4
t-da ) d•Sc. —A4s&4A-
\ 1-C 641,
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 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 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the
SE 1/4, NW 1/4, Sec. 33, Twp. 5 S., Rng. 91 W. of the 6th P.M., Garfield County.
4) Approved for the use of an existing well constructed on October 14, 1995, to a depth of 120 feet, following
submittal of monitoring hole notice MH -26740, acknowledged October 12, 1995.
5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3
single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of
domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
7) The return flow from the use of the 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.
8) This well shall be located within 200 feet of the location specified on this permit.
APPROVED
TLC
State Engineer
Receipt No. 0393685
Futtu 1 io.
GWS -25
APPLICANT
Oi 1 IGE OF I HE STATE ENGINEER
COLORADO DIVI.1 OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
ANTHONY J ZELENKA
BOX 1144
GLENWOOD CO 81602-
(970) 963-3894
PERMIT TO USE AN EXISTING WELL
•
1095
WELL PERMIT NUMBER1.92,:276
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 33
Twp 5 S RANGE 91 W 6th P.M.
DISTANCES FROM SECTION LINES
1452 Ft. from North Section Line
2410 Ft. from West Section Line
DATE ISSUED JAN 0 2 1996
0
06
b
N:p' s
By
EXP,f'ATION D
2. 193a a
WRJ•5-Rev. 76
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLDO DIVISION OF WATER RESOUR411
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(K) A PERMIT TO USE GROUND WATER
) A PERMIT TO CONSTRUCT A WELL
FOR: ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME AC:1N ‘-\
STREET .O. 1•'�n
CITY
X !!-14
(st (zip)
(970) 962 3 (-7%1
(2) LOCATION OF PROPOSED WELL
County l al v ---t r g
'% of the /1/4)
Twp.
/. Section
3�
5 , R ng _9 6), , /j %-A
,N Si IE.WI u
P M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated:
1'�
Proposed total depth (feet): 150
Aquifer ground water is to be obtained from:
1-%uta�s�
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
!Xl DOMESTIC (1) ( ) INDUSTRIAL (5)
( 1 LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name �R'
Street f, 0. ) 05 9
City !?o<iQ
tale) (zip)
(9-70) I
Telephone No. V7` 1J 2 Lic. No. _J09.5
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
Basin Dist.
CONDITIONS OF APPROVAL
This well shall he 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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY
(STATE ENGINEER)
I.D. COUNTY
(5) THE LOCATION OF THE •POSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ - -+ - + - } - -I - -+- - -�
14 1 MILE, 5280 FEET
T ")- + +
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
- a —
(6) THEr . ELL MUST BE LOCATED BELOW
by distances from section lines.
2-. /0 0 ft. from /ICD 11-74. sec. line
(northor[sddddd uth)
i-,010 ft. from �.tiec_/_sec. line
(east or west)
LOT BLOCK FILING
SUBDIVISION
(7) TRACT QN WHICHWELL WILL BE
LOCATED Owner At 7. /ie_A
No. of acres
40
the only well on this tract? e.
. Will this be
(8) PROPOSED CASING PROGRAM
Plain Casing
f in. from O ft. to 40 ft
S in from �S ft to2O 0 ft
Perforated casing
in from 20 0 ft to 25 ft.
in from ft to �t
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic loot per second Ids) . 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet . 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH/GROUND WATER WILL BE USED:
Owner(s): APalk) � ' � G/�,
Legal description: S Lt) kj Y to 4
No. of acres' 4 0
55 8310
(11) QETAILED DESCRIPTION of the use of ground water: Horsehold use and domestic wells must indicate type of disposal
system to be used///
-C, GfSGS ff1GIu _11,10 s
Q G . i t- y- i : • . A • A - .. 4 4 - a • • W ,r Ii, 5Aa n cL
GO N n !� c., C D . • ' �• i . . 1 'e-/1-�a�
(12) OTHER WAR RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)
Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFO/R TION SET ORT HEREON IS
TRUE TO THE BEST OF I4J. KNO LEDGE.
//
SIGNATURE OF APPLICANTS)
Use additional sheets of paper if more space is required.
rvun 111 StU f IUN LINE
z
J
1
1
- +- - --
XI
r
I
- + -
I
1
- D
N
viI m
q
n
1
I
I
)
—i
0
z
r_
R0111I-1 CF rTlnni t Inc
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
- a —
(6) THEr . ELL MUST BE LOCATED BELOW
by distances from section lines.
2-. /0 0 ft. from /ICD 11-74. sec. line
(northor[sddddd uth)
i-,010 ft. from �.tiec_/_sec. line
(east or west)
LOT BLOCK FILING
SUBDIVISION
(7) TRACT QN WHICHWELL WILL BE
LOCATED Owner At 7. /ie_A
No. of acres
40
the only well on this tract? e.
. Will this be
(8) PROPOSED CASING PROGRAM
Plain Casing
f in. from O ft. to 40 ft
S in from �S ft to2O 0 ft
Perforated casing
in from 20 0 ft to 25 ft.
in from ft to �t
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic loot per second Ids) . 449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet . 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH/GROUND WATER WILL BE USED:
Owner(s): APalk) � ' � G/�,
Legal description: S Lt) kj Y to 4
No. of acres' 4 0
55 8310
(11) QETAILED DESCRIPTION of the use of ground water: Horsehold use and domestic wells must indicate type of disposal
system to be used///
-C, GfSGS ff1GIu _11,10 s
Q G . i t- y- i : • . A • A - .. 4 4 - a • • W ,r Ii, 5Aa n cL
GO N n !� c., C D . • ' �• i . . 1 'e-/1-�a�
(12) OTHER WAR RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)
Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFO/R TION SET ORT HEREON IS
TRUE TO THE BEST OF I4J. KNO LEDGE.
//
SIGNATURE OF APPLICANTS)
Use additional sheets of paper if more space is required.
• •
‘VE1A,-STIARING AGRE1?f\IEN'I'
TIIIS AGI:I•:FMI:N"I• is mule and entered this day of
by and bet\vccn f\N"[11ONl' .1. 7..1:11;NKi\ (hereinafter "Developer"), and
(hereinafter "Buyer");
W I " 1' N NSSI •: ' I' I I :
, 199 ,
WIINlNAS, Developer is the owner of certain property located in Garfield County,
Colorado, described as the S1/2 of the N W I /'I of Section 33, "Township 6 South, Range 91 West
of the 6th P.M., and has received approval from Garfield County to create therefrom Parcel
Nos. 1, 2 and 3, as depicted on Lxhibit A\ attached hereto; and
\V11NRF;\S, a water well (hereinafter "Well") has been constructed on Parcel No. 3,
pursuant to Colorado Division of Water Resources Approval No. 2674I0 -M1-1, which will provide
up 0) 1 ) gallons per minute of water to Parcel Nus. I, 2 and 3 for ordinary household purposes,
fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation
01 not over one acre of homes, hardens and lawns; and
MIN: AS, Buyer has entered into a contract with i)eveloper to purchase Parcel No.
, subject to this Agreement;
WI1LRLi\S, the p;u-ties by this Agreement desire to set forth their understanding
concerning the future ownership, maintenance, operation, repair, replacement, and use of die
Well and appurtenant facilities, and related matters.
NOW, I•III:IZI:I OR ., for and in consideration of the mutual promises and covenants
contained herein, the adequacy antl sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
Ownership 01 Water fight. Pursuant 0) a Quit (.Taint need from Developer to
Buyer of even date herewith, Moyer owns an undivided one-third interest in and to the right to
withdraw water from the Wed.
2. Ownersh!pnf_i\ppLirlciiantT;tcilities. The owners of Parcel Nos. 1, 2 and 3 shall
each own an undivided one-third interest in and to the Well, pump, meter, and associated
facilities for the withdrawal of water located at the Well. The owner of Parcel No. 3 shall he
the sole owner of the pipeline ttect.ssaty to deliver the water from the Well to the residence to
be located on Parcel No. 3. The owners of Parcel Nos. I and "2 shall each own an undivided
one -hall interest in the pipeline which delivers water from the Well to the point on Parcel No.
2 at which the individual pipelines which deliver water to the residence on Parcel No. 2 and the
residence on Parcel No. I diverge. The owner of Parcel No. 2 shall be the sole owner of the
pipeline from the aforesaid point of divergence to the residence to he constructed 011 Parcel No.
2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid poim
of divergence to the residence 0) be located on Parcel No. 1
C:\WI'jt\DUGS\ZEILNKA 1 A
Novcwbct 28. 199)
• •
3. Lasenl nt. 1)cveloper shall convey to Buyer a nonexclusive easement in the
general vicinity of that shown un f:xhihit A attached hereto for the installation, operation and
maintenance of a water pipeline for the benefit of the owners of Parcel Nos. 1 and 2. Should
any Darty desire a more specific legal description of the alignment of the pipeline and easement,
such party may, at its sole cost and expense, survey the pipeline alignment, and the parties
hereto agree to execute any necessary quit claim deeds in order to accomplish such purpose.
4. Operation, Mai11tenance and Repair Costs. Operation, maintenance and repair
costs associated with the Well, the pump, meter and associated facilities for the withdrawal of
water from the well shall he shared equally among the owners of Parcel Nos. 1, 2 and 3. The
owners of Parcel Nos. 1, 2 and 3 shall he solely responsible for the costs of maintenance,
operation, repair, and replacement of any facilities used solely by that party, including individual
service lines. The owners of Parcel Nos. 1 and 2 shall share equally in the cost of maintenance,
repair and replacement of that section of the pipeline which they jointly own. The parties agree
to cooperate to enter into mutual agreements for the completion and payment of the costs of any
maintenance, operation, repair, replacement, or improvement of common facilities. In the event
the parties are unable to agree upon any required maintenance, repair, replacement, or
improvement, either party shall he entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the common
facilities. In the event a party determines to undertake such work, he shall notily the other party
in writing,. The party undertaking the work shall upon completion provide the other party with
a written statement of the work perforated and tltc other party's proportionate share of the costs.
5. Operational Costs. Each party shall install at its own expense a meter on its
individual service line to measure water use. The monthly cost of power to operate the Well
shall he divided among the owners of Parcel Nos. 1, 2 and 3 in proportion to the amount of
water each owner used during the preceding month.
6. P,tY111C11t_of Co111n1oli 1:xpelises. The owner of Parcel No. 3 shall be responsible
for collecting cath parties' share of common expenses. Each party shall pay its proportionate
share of common expenses within all days from the time a statement of expenses is presented
for payment. In the event a party fails to pay its share within 60 days of presentment, interest
on the unpaid amount shall accrue at I() percent per annual, beginning 60 days from
presentment. In the event a party fails to pay any amounts due with interest thereon, within six
months from the date of presentment for payment, the party which has paid such costs and
expenses shall he entitled to pursue any remedy available at law or in equity for a breach of this
Agreement, and shall be entitled 0) reasonable attorneys' lees actually incurred to obtain and
execute upon a judgment for collection.
7. Use of Water. Lich party shall he entitled 0) use its undivided one-third interest
in the water right for any use authorized by the well permit. Irrigation use shall be limited to
no more than 14,520 square feet of lawn and garden on with each Parcel.
K. Waste. No party shall waste water, and each party shall exercise prudence and
conservation in the use of water in order 10 allow for the efficient and beneficial use of the Well.
Hitless otherwise agreed to among the owners of Parcel Nos. I, 2 and 3, no party shall use more
CAM'S 1\DOCS \ZI:LLNK:A IAG
November .8, 1995
• •
than one third of the water physically available at the Well.
9 Dees. Fitch party shall also hear its own attorneys fees incurred in the
implementation of this Agreement. 1lowever, in the event litigation is necessary to enforce the
rights of the parties hereto, as between themselves, the prevailing party in such litigation shall
he entitled 0) reasonable attorneys' fees and costs of suit actually incurred.
10. Ilinding [lieut., Covenant to l2tin with Land. 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. Upon execution by the parties, this Agreement
shall he recorded in die records of the Garfield County Clerk and Recorder's Office, and shall
run with the lands upon which the Well is used.
II. ('otnpl.:lc Agreement. This document embolies the entire. and complete
agreement oldie parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
Amendment. This Agreement Inay be amended from time to time by the owners
of Parcel Nos. 1, 2 and 3 in written form and executed in the sante rnanncr as this Agreement.
IN WITN LISS WIl1:IZI•:OI, the parties have executed this Agreement on the day and year
051 \Vritic:11 abllvc.
(::\W Pi I\MACS \LLL1_NK \ IAll
Nuvcmbei 18, 1995
liy
Ily
DIN! :1.01)11Z
Anthony .l. %.clerka
1111Yr1Z
1/-0
• •
S"I'A"I'I: Or COI .O1:AUO
) ss.
COUNTY OI )
Acknowledged, subscribed, and sworn 10 before Inc [Itis
119 , by Anthony .1. %elenka.
WI'I'NNSS my band and oIIicial seal.
My Commission expires:
S`1'A'I'l: OF ('OI OI:AI)O
) ss.
COUN'T'Y OI:
Notary Public
day of
AcknMwlc(Igcd, subr;ci ibccI, and sworn lo be!orc Inc (is day of
199 , by
1VIINI:S.S nay hand and olticial seal.
MY ('(iounission cxl)ires:
c.\1VP5111)o(.5\LI:I.IiN R,1 !Al;
Niwcwtcr 28, 1991
S
Notary Public
Board
Ross Talbott - Chairman
William Montover
Sean Mello
Torn Voight
Cordon Witzkc
• •
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
To Whom It May Concern:
Don Zordel - Chief
Stu Cerise - Assist. Chic
I Don Zordel went and physically inspected 80 acres owned by Anthony J.
Zelenka.
Township 5 South, Range 91 West of the 6th Principal Meridian, Section 33: S1/2
NW1/4.
For fire hazards in this area being aware of the subdivision exemption he is in
process of.
At the present time everything is fine to go ahead and build one house on the
property. Before completion of the 2nd home, I would like to see a 5000 gallon water
storage tank in place and have access to the tank for fire protection.
Since ely,
•
Darn Zordel, Chief
Rural New Castle Fire District