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Home My WebLink About1.0 Application• • iAAY 1, 1j76 `1 fitil10-D, N. RA MER BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO REQUEST FOR SKETCH REVIEW AND EXEMPTION Pursuant to 1973 C.R.S. 38-28-101 and the Garfield County Subdivision Regulations, Elk Creek Development, Inc., a Colorado orporation, by its attorney, Thomas W. Stuver, respectfully submits the attached sketch plan of a proposed division of property located in Garfield County which would result in the creation of two tracts of land one of which would be less than 35 acres in area, and petitions the Board to exempt the partition of these tracts from the provisions of the Garfield County Subdivisions regulations pertaining pertaining to subdivisions. In support of this request the Petitioner states as follows: 1. The Petitioner is the owner of the NEk of Section 25, Township 5 South, Range 91 West of the 6th P.M., Garfield County, excepting that portion of said NE4 known as the Elk Creek Development, and those parcels designated Lot 2, Block 9 and Lot 10, Block 8 on the sketch plan for the amended plat for the Elk Creek.Development Unit No. 1, a copy of which is hereto attached as Exhibit A. 2. It is the intention of the Petitioner to sell that portion of the NE4 of Section 25, Township 5 South, Range 91 West of the 6th P.M. described as Lot 1, Block 9 on said sketch plan hereto attached and also designated as Parce141 and more fully described on Exhibit B hereto attached; said parcel contains approximately .51 acres. If sold, said Lot 1 would be used for single family residential purposes. 3. In February of 1973, the Petitioner purported to enter into a contract of sale of said parcel to David A. Strain and Nola E. Strain of Glenwood Springs, Colorado --a copy of said ;contract is attached hereto as Exhibit C; said contract is void since it is in violation of the Garfield County Subdivision Regulations then in effect. However, Petitioner was unaware of this fact at the time the contract was entered into, and was not made aware of this fact until so advised by counsel in April of 1976. 3. The Petitioner is unable to proceed with the partition and sale of the .51 acre tract without the permission of the Board. 4. Access to the .51 acre tract is directly onto Apache Drive in the Elk Creek Subdivision as is apparent from the attached sketch plan. 5. Manner of sewage disposal for any dwelling to be constructed on the subject tract shall be by septic tank or other unit system complying with the Garfield County Sanitary Regulations and approved by the County Sanitarian. 6. The property to be sold by the Petitioner is served by the central water supply system of the Elk Creek Development. 7. Should the Petitioner ever wish to further divide the remaining property in the NE4 of Section 25, Township 5 South, Range 91 West of the 6th P.M. permission of the County Commissioners would be required. It is represented, however, that at the present time the Petitioners have no intent of further subdividing their property. 8. Current zoning of the subject property is A/R. 9. Soil types from the National Cooperative Soil Survey,United States Department of Agriculture are submitted herewith as Exhibit D. 10. A copy of the deed of conveyance will be filed with this request and the Resolution of Exemption if granted. Respectfully submitted, ma 711 Thomas W. Stuver, attorney for Elk Creek Development, Inc. Box 907 Rifle, Colorado 81650 Telephone: 625-1887 Reg. No. 001411 -3- fi • A w'r. y • 3 • J9- -v`• - ' r -o \ o'3G,s.4SFy. .4-5,- ,(1-....- r tea- ,) - .s h- ti N. 8S 22. -�- —I —r i I I I I I I I t 1 DATA ,6`4/.33,. c/3. 46 90. o' 18.72 7.9. a, i i k4 _ I t DATA ,1111.1111 60.o 60..o 0 tor o o /0 60.0 p0 N,>; i , V 4,1- oT 55,4)/..\ / T' ' ..r. • , ' a./ 4ti`0 / 0 1 V Lor `' . so _ ,Z ,�' ' ' •/ '} / 8S ----.s 7S9s8a s✓ 0 A wcRFc '0' �/ tJ•2 •1 / / .,,,1 / r5 / / / 'obt/E. S/. 63 N. .39.\1.1" n N.4�./e SSE. `,46.13 N.2170CSOE •41 It A r r ." 3o. 09 .Aq A 14. / P () j, • gk/0 A^11^ S. OJT/3ZO'4✓Aj1-k4 / tibp0 r". /�/ w^�tito��V iC � / VPS, �ti� v2k, J -i o 1 N .A27"2 3 00 ry ` R 4 s3�B__ - 4 DATA 770..32' 3-4 \ CN. - - 3li4 3.0-&--- .4.- 204.0• \/•9.49' I T- />'t.d3 L as o! CN. N /7 Z3 47 w t DA . d- 241./3. t L . - c#.- ^' /1- � 42- /\ 1'' �` / t- coRYFhi- -�'' /,,,,,,/ � / r \ /- / i / / / �` / - / e,/ 0.2., iN /" v ti�"11,19 19 1 _ v'�'V ,14t." ,y 6 DATA d 2/.09 5B - R - -/54 94 7-- B3 Co' L - /68 06 CH-,v6.e/0/9 W /67// 4(o788 frt 5.89'27'00"W. U N T5SR9'OFTHETHPAi NOTE: Bearings for this survey estab- lished from existing corners found in the Elk Creek Development Unit No.I. 0 12 -- ---- 1 —1 N. /B .06.s/E 67.63 / / 109 27.?2/ 39.75 ?1 Al 46 e/B 56E / 46.23 /1!2/ OS.SKE 30.09 NS21'952L,( 477 / / / / rz ,/ c\ PL / PP� off\ srth SEC. ?S) • V .k20 55k 6o / ,*(1_0 • / • 4146'43 2SJs 4.9./3 R. EC. • jl IfE BAR • • • 5 c � fvC: /LLOD ,/Jim *L'S6 •SSB 5 E-°XAST/l CAP 3 1 Ric Ric \ SCALE 1/AC// - SOFEET GARFIELD COUNTY COLORADO A parcel of -land situated in the SW4NEr of Section 25, Township 5 South, Range 91 West of the Sixth Principal Meridian, lying Southerly of a 10 foot easement, said easement running along the Southerly line of the Elk Creek Development Unit No. 1, Westerly of the Westerly right-of-way line of a 40 foot road known as Apache Drive and Easterly of the centerline of the Coryell Ditch as constructed and in place, said parcel of land is described as follows: Beginning at a point on the Westerly right-of-way line of said road whence the Quarter Corner common to Sections 24 and 25 in said township and range bears: N.20°51108" W. 2465.99 feet; thence S.46.56'58" W. 171.33 feet to a point in the center of said ditch; thence N.46°43'25" W. 49.13 feet along the center of said ditch; thence N.32°49'52" W. 47.47 feet along the center of said ditch; thence N.2I°05'56" E. 30.09 feet along the center of said ditch; thence N.46°18'55" E. 46.23 feet along the center of said ditch; thence N.19°27'22" E. 39.75 feet along the center of said ditch; thence N.18.06151" E. 51.63 feet along the center of said ditch; thence S.75°46'10" E. 9.58 feet to a point on the Southerly line of said 10 foot easement; thence S.62°30'40" E. 113.85 feet along the Southerly line of said easement to a point on the Westerly right-of-way line of said road; thence S.22°18'20" W. 29.95 feet along the Westerly right-of-way line of said road; thence S.34°42'40" E. 25.00 'feet along the Westerlir right-of-way line of said road, to the point of beginning, containing 0.51 acres, more or Tess. The above described parcel of land January 12, 1972 is subject to the Coryell Ditch easement. SCARROW AND WALKER, INC. Robert D. Scarrow Registered Land Surveyor Parcel (1, Jilt arosic Salo wig Oturs r , . _ . .157.t�Nasii' 9I Wast as per plat of said edditlon of record in` the Dfdoe of the arcuit Clerk and ZezOfficia Recorder of Sa21i/1d Cotwty a Col orado a.tor the sum of _-Icer .,_-.Shit /r. J2 .•.11At...* *ars... _ ..»Dadlats 0.46,04.00_1_1. .'. tog.Lh r '4eithinterest at therate •oL per annum cin' tha whole amount remaining unpaid; lntsrest to be charged incl deducted from each payment, rambling balance Of payment to be credited to Principal Balance Due. 4. That upon full payment and performance *by "BUYER" of all the a%venant; and agreements herein contained, the "SELL- ER" agrees to cause to be delivered to the'BUM", Warrsntli:Deet., free and, clear. of all soetunbnnoes but subject to all = restrictions and easements of record. • That "BUYER"; agrees to pay .fele -Creak Development r+ ' Inc. or their assigns, the purchase prior' above named. in the menner•as follows, to -wit: The stun of --josFm14•Ziii..,,---r. and the 1balanee of _kart, - " - - " s •• ( _ii.oX:_) - Dollars in monthly installments of---,b.v.. -4j - ,k'ar -ems". p+9ir�' $iiry0l3Ri�► (?9.— — ) Dollars pr more per month, said payments include interest at ter rate of _(___ per anntmt. on the -.3,3„1,. day of each month, hereafter, beginning on the of April -, 11 ?3--. at::Lail _Yirst._fiatIoaai 2iahtlii* fti a,..3bla� et/ •• a� 1, "".' y iy „ a t.,'-i�", } -..: _ _ That this contract shall not be assignable by the`'`BUYER"..l►ithout the written consent Of the "SELLER." .That time shall be and hereby, is made the easenoe of this contract and of each and all of the conditions hereof. That the failure and omission of the '"SELLiR".o declare tbis'oantract forfeited on any breach hereof shall not constitute a waiver of wry future breach and shall not operate to bar, abridge, or destroy; the Tight of the 'SELLER" to declare arae Thatallcovenants and agreements herein (»ntaimed shall extend to' and be obligatory upon .the successors and assigns of said j'srlazn"` and upon the heirs, esecutars ;wiministrators or assigns of said :BUYER." :That "BUYER" shall prorripdy pay all taxes that are due and payable in the year of 1973_..; and thereafter. TTIAT all payments due hereunder are payable without notice at ..Sjts_Jirit .-:*t ti Ai3,--bium or at any other place designated b'y'SELLER"; in the manner herein set out, without relief boon valuation and appraise Pent laws and with reas®abie attocne7 fees in the event of default; that should default be made by "BUYER" m the payment of any a either of laid payments or intent or in the Per- formance. of any or either of the covenants and agreements herein contained for a period of thirty (ED) days oe should the same be sold an execution by legal process or otherwise, or should any notice of ]iechinie's lien or liens be filed upon the described real estate then all payments shall beacon due at once, or at the optipn of the "SELLER" this contract shall at once nesse sad determine upon giving thirty (30) days notice in writing to the "BUYER,"•at bis last known address, of SEL L 'S" inten- tion to esancel,this contract, and all moneys therefore paid shall be and remain the property of the ""SELLER" as liquidated damagee, and that thereupon, whatever interest fn said real elate acquired heretatder, if any. together with any and all im- provements thereon; shall be forfeited and shall be and rexoala the property of the 'SELLER" as liquidated damages for the breach If this contract; that upon said forfeiture and determination of this contract, `SELLER" .ball be entitled to aomediate possessive' of said real estate: '•`'T' l is understood and agreed that'BUYII*" has'reed and'clearlyYttadeestaads all the terms of this contract and that the "BUYER" is of legal age and has inspected said property and that the intra is, and has been, purchased by the 'BUYER" as a result d said inspection and not upon any `repre.entatign made by the !SE ..U/W. orlis agent,; that this contract shall not be affected or altered by any agreement, oral or otherwise. not contained herein; tbat;tbe BUYER" eapresaly waives any and all claims or damages because of any representation made by any person whomsoever and the "SELLER" or its agent or agents shall nc}t and is not responsible for any inducement, promise, representation, agremtent, condition or stipulatwa no scally art forth 'herein. IN WITNESS WHEREiOF.the parties hereto have hereunder affixed their bunds and awls on day and yeaj that above mentioned i _ Ej.1C CREEK LEVEL() wITNrks Map Unit No. SOIL CIIARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum • • • • • • Unified/MSHO Classification: Permeability (below 2 feet) Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action' (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench Area Shallow Excavations More than 60 inches Stony Loam Stony Lcc.;z Stony Locr A-2, A-4 Moderate 30-80 7,9 - 8.4 Lau Lcx7 Ione HiLh Loa S Tax -Le Stones • S Steep Slope • • • Dwellings wjbasements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES S LarLe Stones I" Steep Slope S LarLe Stones .C. Large Stones S Large Stones • S LarLe Stones Poor Loa -Le Stones Poor LarLe Stones • Poor : Poor Poor Large Stones Ex/II-0 "Di' "ADVANCE COPY SUBJECT TO CHANCE" NOT TO RF. USED TN PLACE OF ON -SITZ•. 1NVF TICAT1ON. 4310E--Ildefonso stony loam, 6 to 25 percent slopes This deep, well drained soil is on moderately sloping to hilly mesas, benches, and valley sideslopes at elevations of 5000 to 6500 feet. It formed in basaltic alluvium and small amounts of aeolian material. Average annual precipitation is about 1.4 inches, mean annual air temperature is about 146 degrees F., end the average frost -free season is 110 to 135 days. Inoluded in the map unit are small areas of Clapper, Potts, and Ascalon soils. Typically the surface layer is brown stony loam about 2 inches thick. The subsurface layer is brown stony loam about 6 inches thick. The underlying material is white, very strongly calcareous very stony loam that extends below 60 inches. Permeability is rapid and the effective rooting depth is 20 to 30 inches. Available water capacity is low. Surface runoff is moderate and erosion hazard is moderate. Ildefonso soils are used for limited grazing by livestock and as wildlife habitat. • • The rrtentinl n'+tive vegetation en this soil is dominated. by ri nyon nine an t h juniper. The understory vegeta'ion consists of Indian riceFrass, needle -and -thread, beardless whentgrPss, June - grass, stemless goldenwee=, law phlox, serviceb,:rrv, bitterbrush, mountain ma.hoRany end big sagebrush. When the vegetation deteriorates under the pinyon -juniper, grasses are almost absent while forbs and woody shrubs increase. '.'ana.gement of the vegetation on this soil shruld be designed to maintain a wood product and grazing value. Selective th'nr_ing of the :;inyon-juniper •No>>ld imnrcve the understory resource for rrazinj while obtaini firewood, Hosts, nd Christmns trees. This soil is used as iebitat by mule deer, chukar, wild turkey, p7rey squirrel, and cottontail rabbits. Ildefonso soils aro limited for cammunit" development by a hi:} stone and lime ccr ent. They are easily eroded, end runoff diversion structures should be orovideci for any roads constructed on those soils. Car:r,bili-ty subclass, VIe Woodlrnd: Pinyon -Juniper • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO REQUEST FOR SKETCH REVIEW AND EXEMPTION Pursuant to 1973 C.R.S. 38-28-101 and the Garfield County Subdivision Regulations, Elk Creek Development, Inc., a Colorado Corporation, by its attorney, Thomas W. Stuver, respectfLlly submits the attached sketch plan of a proposed division of prop- erty located in Garfield County which would result in the creation of two tracts of land, one in area, and petitions the of which Board to would be less than 35 acres exempt the partition of these tracts from the provisions of the Garfield County Subdivision regulations pertaining to subdivisions. In support of this request the Petitioner states as follows: 1. The Petitioner is the owner of the NE* of Section 25, Township 5 South, Range 91 West of the 6th P.M., Garfield County, excepting that portion of said NEw known as the Elk Creek Development. 2. It is the intention of the Petitioner to sell that portion of the NE4 of Section 25, Township 5 South, Range 91 West of the 6th P.M. described in Exhibit "A"; said parcel contains approximately 2.00 acres. If sold, said parcel would be used for single family residential purposes. 3. In February of 1973, the Petitioner purported to enter into a contract of sale of a portion of said parcel to David A. Strain and Nola E. Strain of Glenwood Springs, Colorado. A copy of said contract is attached hereto as Exhibit "B"; said contract is Subdivision the Strains was entered void since it is in violation of the Garfield County Regulations then in effect. However, Petitioner and were unaware of this fact at the time the contract into, and were not made aware of this fact until so advised by counsel in April, 1976. 4. The Petitioner is unable to proceed with the parti- tion and sale of the 2.00 acre tract without the permission of the Board. 4. Access to the 2.00 acre tract is directly onto Apache Drive in the Elk Creek Subdivision as is apparent from Exhibit "A", attached. 5. Manner of sewage disposal for any dwelling to be constructed on the subject tract shall be by septic tank or other unit system complying with the Garfield County Sanitary Regulation and approved by the County Sanitarian. 6. The property to be sold by the Petitioner is served by the central water supply system of the Elk Creek Development. 7. Should the Petitioner ever wish to further divide the remaining property in the NE4 of Section 25, Township 5 South, Range 91 West of the 6th P.M. permission of the County Commissioners would be required. 8. Current zoning of the subject property is A/R and a single family residence on a parcel of less than 2.00 acres would violate this zoning. 9. Soil types from the National Cooperative Soil Survey, United States Department of Agriculture have been previous submitted. 10. A copy of the deed of conveyance will be filed with this request and the Resolution of Exemption if granted. Respectfully submitted, Thomas W. Stuver, attorney for Elk Creek Development, Inc. Box 907 Rifle, CO 81650 Telephone: 625-1887 Reg. No. 1411 -2-