HomeMy WebLinkAbout3.0 CorrespondenceATTORNEYS
DAN KERST
dan@dankerstpc.com
KELLY CAVE
kelly@dankerstpc.com
DAN KERST, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
FACSIMILE: (970) 945-2440
Dave Pesnichak
Senior Planner—Long Range
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re:
Our File #:
Dear Dave:
July 13, 2007
PARALEGAL
ELISABETH GETZEN
egetzen@dankerstpc.com
Via Hand Delivery
Final Exemption Plat Submittal for Van Devander Exemption
12579
As you know, the Board of County Commissioners approved an Exemption from the
Definition of Subdivision for the Van Devander property. In order to satisfy the conditions of
approval outlined in your letter dated May 22, 2007, the applicant submits the following documents:
1. The final exemption plat (paper copy and mylar) with all of the required plat notes.
2. Executed well sharing agreement.
3. Well pump test results, well completion report, the results
test, a written opinion of adequate water supply for the
assumption of an average of no less than 3.5 people per
quality results.
of the four (4) hour pump
two (2) proposed lots, an
dwelling unit, and water
Please contact me if you have any questions in regards to the
additional information.
Yours very trul
KELLY CAVE
xc: Charles Van Devander
Patty Hood
application or need any
WATER WELL SHARING AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into on this / day .,if j =r ., i V , 2007,
by and between Mary Jo Jacobs ("Jacobs") and Charles Van Devander ("Van Devander").
WHEREAS, Jacobs and Van Devander are the joint owners of real propc,rty described as Lot
B-1 and Lot B-2, according to the Van Devander Subdivision Exemption Plat recorded on
, 2007 in Book at Page in the real estate records of the
Garfield County, Colorado Clerk and Recorder's office. Lot B-1 and Lot 13-2 are collectively
referred to as the "Lots."
WHEREAS, the current owners of Lot B-1 and Lot B-2 and their successors in interest are
to be the joint owners of a water well constructed under Colorado Division of Water Resources Well
Permit No. 273571 (the "Well") and shall be joint owners of the water well and casing as constructed
and installed and of the water to be diverted by said well system for providing ordinary household
use in up to three single-family dwellings, irrigation of up to one acre of home garden and lawn, and
watering of domestic animals, on the respective properties of the parties; and
WHEREAS, the Well and casing and pump shall be utilized by said owners as a lawful water
right; and
WHEREAS, the Well and water system required is drilled and completed and will require
continuing maintenance and operation, the costs of which must be borne by the owners and users
thereof; and
WHEREAS, said owners as parties hereto desire to enter into this Agreeinent for the purpose
of clarifying respective rights and duties and establishing recorded non-exclusive easements and
procedures for jointly operating the Well and delivering water to the Lots, for providing a method
for equitably dividing the water derived from operation of the system, and for equitably allocating
the shared payment of costs of operation and maintenance of the water well and its pump and other
structures by all of the parties.
NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants
set forth herein, and the due performance thereof, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance
of the benefits and detriments deriving herefrom, the above-named parties agree as follows:
1. Each of the respective owners of Lot B-1 and Lot B-2 shall be deemed to own an
undivided one-half (1/2) share of the subject well permit, Well, pump, fittings at the well head,
meters (whether existing now or to be installed at a later time), pump house, foot valves, and any
pipes or pipelines and any other structures which are jointly used.
2. No owner of the Lots are deemed to have any ownership right in and to any pipe,
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pipeline or other stricture used or required solely by the owner of another of the Lots which may
utilize any portion of the water flowing from this water well and its structures. This Agreement does
not intend to relate to such individually owned or used rights or structures. Nothing in this
Agreement shall be construed to give any party any rights to such non -shared property of other
parties nor to obligate any party to pay any costs associated with non -shared structures.
3. The parties shall cooperate with each other at all times in all matters necessary to
promote the proper construction, completion and functioning and use of the water system in such
manner as to provide to their respective uses an optimum water supply on demand al all times
possible based upon the natural availability of water. The parties agree to not waste water and to
endeavor to use no more than their respective shares of the available water. Waste or over -use shall
be deemed to be a material breach of this Agreement for which the non-defaull:ing party may seek
remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by
each owner, no owner of one of the Lots shall use more than one-half (1/2) of the water legally
allocated to the well (i.e. 7.5 g.p.m.). In the event the water physically available Irom the well is less
than the legally available amount, then each owner shall proportionately reduce the consumption of
same to one-half (1/2) the amount actually available. In no event shall the well be pumped at a rate
exceeding the permitted amount. Any household use of the well water must pro vide for return flow
through an individual sewage disposal system of the non -evaporative type, returning the water to the
watershed in which the well is located.
4. The actual and continuing costs of operation, maintenance, extension, upgrading,
cleaning, repairing and all other work required on shared components of this winter system to cause
the water at the well to become and remain available to deliver water to the parties shall be shared
by the parties in proportion to their share in the well. This Agreement shall :relate only to costs
incurred after the date hereof. Electrical charges for the operation of the well and any augmentation
water, if necessary, shall be shared equally.
5. Subject to the provisions in paragraph 4, above, any party who has been using water
from this system and at any time elects not to share in costs, necessary repairs, maintenance,
replacement, and similar requirements which are necessary to maintain the wai:er well and deliver
the subject water, shall not receive water from the system. At such time as said electing party
chooses to resume use of water from the system said party may do so upon reimbursement to the
other user the full cost of said party's share of such expenditures with legal interest retroactive to the
expenditure date.
6. The owners agree to cooperate in the future maintenance, operation, repair,
replacement or improvement of all common facilities. In the event the owners are unable to agree
on any required maintenance, repair, replacement or improvement, any owner shall be entitled to
undertake the minimal maintenance, repair, replacement or improvement necessary and essential for
proper functioning of the common facilities. In the event an owner determines to undertake such
work unilaterally, such owner shall notify the other owner in writing. The ow tier undertaking the
work shall, upon completion, provide the other owner with a written statement of work performed
£001]
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and the other owner's proportionate share of the cost of same. In the event an owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the owner which
has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity
for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's
fees incurred.
7. Jacobs and Van Devander as the joint owners of Lot B-1 and B2, hereby grant and
dedicate across that portion of Lot B-1, Van Devander Subdivision Exemption, designated on the
final exemption plat thereof, as necessary and sufficient for this Agreement to be performed for the
benefit ofthe respective owners of Lots B- 1 and B-2, as users ofthe shared well, pump, and common
pipeline and treatment system, and also grant a non-exclusive easement for non - shared or individual
pipelines conveying water to the respective Lots over and across the easement. Said Easement shall
be forty (40) feet in diameter, the center of said Easement being the well as constructed and existing
on the date hereof. The Owners of Lot B-1 and Lot B-2 shall not install any Improvements in the
easement area that may affect the use and operation of the well and pipelines including but not limited
to structures of any kind, trees or other landscaping other than grass or easily removable and
replaceable landscaping.
8. Each party agrees to not interfere at any time with the proper use by any other party
of its interest in any water structure and shall indemnify and hold harmless all other parties and users
from any loss or damage or injury caused by the acts of said indemnifying party.
9. This Agreement shall be binding upon and inure to the benefit: of the parties, their
heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the
easements and covenants granted or agreed to herein shall be deemed to run with the land and shall
encumber the land of each party for the benefit of the properties of the parties as described herein.
Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County
Clerk and Recorder's Office, and shall run with the lands identified herein.
10. This Agreement embodies the entire and complete agreement of the 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.
11. This Agreement may be amended from time to time by a written instrument executed
by the owners of Lots B-1 and B-2.
12. The laws of the State of Colorado shall govern the validity, effect and construction
of this Agreement.
3
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IN WITNESS WHEREOF, the parties have signed this Arceme t on the date stated above.
,i
Mary Jo Jacobs
STATE OF
COUNTY OF
) ss.
e:,;-/"7
Charles' Van Dcvander
The foregoing instrument was acknowledged before me on this day of
, 2007, by Mary Jo Jacobs.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF `T''(3-- )
may;,
T e foregoing instrument was acknowledged before me on this 767 day of
, 2007, by Charles Van Devander.
200[A
Witness my hand and official seal.
My commission expires:
JANICE S. WEBBER
COMMISSION # 197226
MY COMMISSION EXPIRES
4
Notary Public
9NIZSHHVW HAM SfP11IRV Ent ZtZ 2T9 XVd 90 : CT LO/OT/LO
IN WITNESS WHEREOF, the parties have signed this Agreement on the date statcd above.
Mary Jo Jacoj's
STATE OF NCO cIa
) ss.
COUNTY OF C lcAr IL
Charles Van Devander
_ The foregoing instrument was acknowledged before me on this
, 2007, by Mary Jo Jacobs.
Witness my hand and official seal.
My commission expires: O ILA 07610
STATE OF
COUNTY OF
) ss.
day of
REBECCA FORMAN
Notary Public - State of Nevada
Appointment Recorded in Clark County
No. 06-1072u6.1- Expires June 14, 2010
Notary Public
The foregoing instrument was acknowledged before me on this day of
, 2007, by Charles Van Devander.
Witncss my hand and official seal.
My commission expires:
4
S'd BETS -SSE ZOL
Notary Public
sgooec or R,Jew
eTo:oT LO It Inc
JUL-13-2007 10:07 From:FARM_EURERU
FROM : RA PUMP COMPANY
4p.'�rYA : f_dyR
DATE: June 27, 2007
To:9452440 Page:2'
FAX NO. : 970 945 6159 Jul. 13 2007 07:46AM P1
&. J1t Jump JfZC.
8611 &'arta* 9taart 117
Of -wawa Sp et" 816C1
9110n , 97C-44.5.6159
970-94S-6159
gaa : 97C-946.6159
,• ti,k '"''ryr"%' � 9 '1"y» i"' .° .F,ii i7% 3,"dna '%+�^..1�1''•'y."' '`a�"% 0
TO: Alan & Patty Hood
Box 1095
Gypsum CO. 81637
RE: Well Test
Well Test
Atte_ Patty,
J & M Pump Inc. performed a four hour well test on property located on 151 County
Road on Sweetwater. The following results were obtained
Well Depth: 85'
Water Level: 56' measured from top of casing
Drawdown To: 56'3"
Sustained Yield: 15 GPM
Clarity: Clear
Recovery: 100% within 2 minutes
Sample. State Standards
This well is adequate for two households with use of3.5 persons using 100 gallons per
person per day, Well tcst indicates a very good well in production and recovery
If you have any questions, please call Rick, 945-6159
Richard A Holub
Lic. No 1196
Thank You!
UL -09-2007 14:15 From:FARM_EUREALI
Name : Patty Hood
c/o
To:9452440 Paae:2/4
Golden Eagle Drilling
P.O. Box 815
Buena Vista, CO 81211
(719) 395-2699
Lic. # 894
Address : P.O. Box 1095
City, St, Zip : Gypsum, CO 81637
Phone #
Hole7th Depth
9" 62'
6 1/2" 85'
Type
Steel
Steel
Caring ID
6 1/2"
5"
Casing OD
7"
5 9/16"
From - To
0-62'
45-85'
Invoice # : 3264
Date : 6/25/2007
Permit #: 273571
Location : Sweetwater
Perforated Ft : 17 ft
Estimated : 10 gpm *
Static Level : 50 ft
'Total Drilled : 85 ft
Recommended Pump Set Depth Ft. Pumping GPM
Instructions :
Price Per Foot Feet @ $ Per Foot = $ 0.00
Feet @ $ Per Foot = $ 0.00
Total Invoice Charge $0.00
Minimum Well Charge (if applicable) • . $ 040_
pay $
Conditions Of Payment :
PLEASE READ THE FOLLOWING RECOMMENDATIONS
I.'WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER
TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE
ACTUAL WELL PRODUC'T'ION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING
1 OUR GU_ARANXEJS VALID ONLLYY IF A 1 LENSED Y INSTALLS R INSTALLS THE PUMPING SYSTEM 11
3. The landowner b ultimately responsible for the plugging and abandonment of dry holes or replaced wells.
according to State Rules and Regulations. Please contact us for details and/or prices.
9,BLE WITHINJO DAYS 9F INVOICEDATIE_ h LESSYRLORAYRANGE-
yfENTS AREU ° • .l ..: %i ►u �. . . I 1 I P. ; . u
.
DULLING.
Please callus if you have any questions.
JUL-09-2007 14:18 From:FARM_EURERU
To:9452440
Pa9e:3'4
JOHN C. KEPHART S. CO.
E[Mll1 JJt'i[Iftll' [A:T4B
!Er
097 NORTH AVEMUt ♦ PMorr[: (970) 243.761e 4 PAX: (1170) 243.7215 4 GRA NO JUNCTION, COLORADO B1501 -
Raeivcd imau
ANALYTICAL RCCORT —
J & M Pump Co.
Rick (9701945-6159 call and FAX
8611 -- 117 Road
Glenwood Springs, CO 81601
4596 water
Customer No 1.obnratnry Nn. '_iau,pla
6/28/07 7/3/07
Date Received Date Renoricd
GJ Lab Dumber: 4596 Limits for Public
Client ;ample ID: Hood Res. Drinking Supplies
6/27/07 1:OOPM
Nitrate N) 0.20 mg/1 10 mg/1
Nitrite,N) 0.00 mg/1 1 mg/1
Total Suspended Solids 0 m8/1 no limit known
Total Coliform Bacteria 0 colonies/100m1 gust be leas than 1
NOTES: Lower limit of detection for Nitrite method is 0.01 m2/1;
lower limit of detection for Total Suspended Solids method is
5 mg/1; lower limit of detection for Total Coliform Bacteria method is
1 colon) per 100nn1 Sample.
Director: B, Bauer