HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision RegulationsofGarfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned „1-�()i 6.1jffleart U i k( -4-i t . respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of /�y. 2 acre tract of land into
tracts of approximately _
4 - acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
`. Vicinity map at a minimum scale of 1"=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used.
Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
/4 Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
)4. If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body staling a willingness to serve; and
Narrative explaining why exemption is being requested; and
It shall be demonstrated that the parcel existed as described on January 1, 1973
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division of land
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated purpose
of the Subdivision Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. No more than a 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 Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to be 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, at 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;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
• •
A parcel of land situated in the SW4NE-i, of Sec. 17,_ T7S., R88W., of the
6th P.M. lying southerly of the northerly line of said SW**NE4 and westerly
of the easterly line of said SW NE,'-, said parcel of land being described
as follows:
Beginning'at.the Northeast Corner of said SWyNE,`-,; thence S. 01° 07'58" E.
660.00 feet along the easterly line of said SW,'-,NE-,�-,-, thence S. 89°37'21" W.
330.00 feet; thence N. 01°07'58" W. 660.00 feet to a point on the Northerly
line of said SW,',NE;'-;; thence N. 89o37'21" E. 330.00.feet along the Northerly
line of said SW-OE1T to the Northeast Corner of said SWyNEy the point of
beginning.
Together with the right of ingress and egress to and from the existing county
road.
.Book 426
Page 234
3:19 o'clodk..:...Eii., ...._.. 1.4111.& Y...1�+.� •
Reeeytioa 910. 22225_ Stet�hgnaReeordar.
THIS DEED, Made this ` /6 day of January,
19 72 . between
PAUL W. FISCHER AND JOE KLINE
of the County of Garfield and State of
Colorado. of the first part, and
RECORDER'S STAMP
JAN 1 1 1972
S. �: v
JOHN P. WIERENGA AND MARGARET P. WIERENGA
of the County of Garfield • and State of Colorado, of the second part:
WITNESSETH, that the said partiesof the first part, for and in consideration of the sum of
— —Ten Dollars and other good and valuable consideration-1;4=mm.
to the said part 1. e of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and -acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not'
in tenancy in common but in joint tenancy, all the following deecribedjlrt =parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
A parcel of land situated in the SW}NE- of Sec. 17, T7W.,
R88W., of the 6th P.M. lying southerly of the northerly line
of said SWINE* and westerly of the easterly line of said
SWINE , said parcel of land being described as follows:
Beginning at the Northeast Corner of said SWINE}; thence
S. 01°07.'58" E. 660.00 feet along the easterly line of said
SWra-NE7,; 'thence S. 89°37'21" W.330.00feet; thence N.01°07'58"W.
660.00 feet to a point on the Northerly line of said SW -NES',;
thence N. 89°37'21" E. 330.00 feet along the Northerly
line of said SW--NEi to the Northeast Corner of said SWzNE-
the point of beginning.
Together with the right of ingress and egress to and from
the existing county road.
The above described parcel of land is subject to a 60.00
foot road easement running along the entire northerly boundary.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate. right, title, interest, claim and demand whatsoever of the said partie s of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Na. 768. WARRANTY DEED—To Joint Tenant&—DrWrord Publishing Company. 1524 Stout Sheet. Denver. Colorado —L59
Book 426
Page 235
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
-said parties of the second part, their heirs and insigne forever. And the said part i eaot the first• part, for
them eev es t he i Theirs: executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the enaealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain. sell and convey the same in manner and form aforesaid, and that the same are tree and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature.
aoever, except U. S. Patent reservations, and'except general
taxes for 1972, due and payable in 1973, and except easements and
rights -of way of either a public or private nature and whether or
not of record.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part. their
heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof.
the said part i e s of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part i e s of the first part ha ve hereunto set their hand s and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
[SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO,
1�he fore.goiriiiSlistrament was acknowledged before me this /v day of Janua ry
19`,Y2„ ai aul W. Fischer and Joe Kline
.7:-. N.Mocommi§siron ti,cpires /..Z(o ,197.2. %Witness my hand and official seal.
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Notary rublia
• If by natural person or persons here insert name or names; if by persons acting in representative or official capacity or as attorney -In -fact•
then insert name of person as executor. attorney•in-tact or other capacity or description; if by otfleer of corporation. then insert name of inch
officer or officers. as the president or other officers of such corporation. naming N.
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Book 447
Page 250
Recorded 3:15 o'clock P .M July 18, 1973
59209 Ella Stephens,
THIS DEED, Made this
19 73 , between
)3- day of July
JOHN P. WIERENGA AND MARGARET P. WIERENGA
of the County of Garfield
Colorado, of the first part, and
BOBBY R, BURKETT AND DONNA M, BURKETT,
and State of
RECORDER'S STAMP
STATE DOCUMENTARY FEF
JUL 1 8 1973
of the County of Garfield. and State of Colorado, of the second part:
WITNESSETH, that the said part ie bf the first part, for and in consideration of the sum of
- - -Ten Dollars and other good and valuable consideration - - - -
111akhAR.S:
to the said part iesof the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
A parcel of land situated in the SW,-,NEi of Sec. 17, T7S,, R88W., of the
6th P.M. lying southerly of the northerly line of said SW4NE,1-, and westerly
of the easterly line of said SW4NE, said parcel of land being described
as follows:
Beginning at.the Northeast Corner of said SW+NE7 thence S. 01° 27'58" E.
660.00 feet along the easterly line of said SW,i-,NE4, thence S. 89 37'21" W.330,00 feet; thence N. 01°07'58" W. 660.00 feet to a point on the Northerly
line of said SW'-4NE1-,; thence N. 89°37'21" E. 330.00 feet along the Northerly
line of said SW-'NE4 to the Northeast Corner of said SWNE4 the point of
beginning.
Together with the right of ingress and egress to and from the existing county
road.
Together with all ditch and ditch rights, water and water rights included
in, but not limited to all right, title and interest in the existing Water
well and the water rights incidental thereto, and in .0165 cfs from the
Staton Ditch, but all without warranty of any kind.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—To Joint Tenants.—Bradford Publishing Company, 1824 Stout Street, Denver, Colorado -1-71
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`OQVUOrI00 dO a 3v
ded at. 171 o'clock.'id M.,
OCT - 1979
n No
800( 53b PdGE8 k
DAVID C. BECK and JULIE M. BECK
whose address is 1260 Road 113, Carbondale, CO 81623
County of Garfield , and State of
COLORADO , for the consideration of
---Ten dollars and other good and valuable considerations
dollars, in hand paid, hereby sell(s) and convey(s) to
BOBBY R. BURKETT and DONNA M. BURKETT
0526 State Hwy. 133, Carbondale, CO 81623
Garfield
9p r 1
OCT -51979
STATE PTCUMFNTATY FEE
76
County of
, and State of Colorado the following real property in the
County of Garfield , and State of Colorado, to wit:
A tract of land located in Section 17, Township 7 South, Range 88 West of the Sia€tt}
Principal Meridian, further described as follows:
Beginning at a Point whence the Center Quarter Corner of the Northeast Quarter of.
said Section 17 bears N. 89°16'12" W. 56.00 feet; thence S. 00°22'31" W. 653.79
feet; thence N. 89°03'17" W. 56.00 feet; thence N. 00°22'31" E. 653.585 feet to
the Center Quarter Corner of Section 17' thence along the Southerly line of the <
Northwest Quarter of Section 17 to the Southeasterly Right-of-way line of a county`
road as constructed and in place N. 89°16'12" W. 824.25 feet; thence continuing
along said Southeasterly Right-of-way line N. 59°44'31" E. 570.64 feet; thence N.
88°15'21" E. 389.49 feet; thence S. 00°22'31" W. 310.62 feet to the Point of
Beginning and containing 5.197 acres, more or less.
J
Grantors hereby expressly reserve and exclude from this conveyance, any water, water
rights, and ditch rights in connection with said property.
The above described real property is hereby made subject to a covenant prohibiting
'Vie construction of any residence or dwelling thereon, except for the purpose of
the above named grantees or their issue, (as defined by the Colorado Probate Code,
as amended) residing thereon. This covenant shall run with the land for so long as
grantees or the surviving spouse thereof, own the above described property or that
real property described in deed recorded as Reception No. 259209 in Book 447 at
Page 250 of the Garfield County Records, or for so long as grantors own real property
adjacent to and easterly of the property herein conveyed.
with all its appurtenances and warrant(s) the title against all persons claiming under (me) (us).
Except and subject to general property taxes or a current nature; easements and
rights of way of a public or private nature; U.S. Patent reservations and exceptions;
prior oil, gas and mineral.reservations; and planning, zoning and other governmental
rulesSe4dra uaP this 2 .0- day of fe>t -- A 19 79
In the presence of
STATE OF COLORADO,
`zCounty of Garfield
•
2 * :46 ti -ng instrument was acknowledged before me this
.1Q 79' 10 \03avid C. Beck and Julie M. Beck
+IOCn0'On expires / z , 19
<f1!14Lg4u,u"" ,'
,e!'9--� [SEAL]
avid C/Beck
[SEAL]
((t� y„, &cb_, [SEAL]
Jul a M. Beck
2s�
L
day of
d official seal.
Notary Public
No. 900. Rev. '67. SPECIAL WARRANTY DEED.—Shan Fors.—Bradford Publishing Co.. 1824-48 Stout Street. Denver, Colorado— 2-78
• •
GARFIELD COUNTY
BUILDING AND PLANNING
JUNE 22, 1994
Bobby and Donna Burkett
1170 C.R. 113
Carbondale, Co. 81623
Dear Mr. and Mrs. Burkett
Your application for a Subdivision Exemption has been scheduled for a public meeting before
the Board of County Commissioners on August 15, 1994 at 4:45 p.m. in the Commissioners'
Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Co.
81601. It is suggested that you be present at the time of the meeting.
Copies of the enclosed exemption public notice form need to be mailed by certified return receipt
to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more
than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -
receipt to owners of mineral rights, lessees of mineral owners of record of the land proposed for
exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of
mailing and return -receipts from these mailings need to be presented at the time of the meeting or
submitted to the Planning Department prior to the meeting. The exemption site must also be
posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not
more than 30 days, prior to the meeting. The latest date for mailing and posting would be July 29,
1994.
If you have further questions or concerns regarding the meeting or public notice requirements,
please contact this office.
Sincerely,
‘-{)1.4g/d
Mark Bean
Director
Enclosures
109 8TH STREET, SUITE 303 - 945-8212/625-5571/285-7972 - GLWD SPRS, CO. 81601
• •
PUBLIC NOTICE
TAKE NOTICE that Bobby R. and Donna M. Burkett have applied to the board of County
Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connec-
tion with the following described property situated in the County of Garfield, State of Colorado;
to -wit:
Legal Description: See Attached
Practical Description: Located approximately one half (1/2) mile east of the State Hwy. 82 and
C.R.113 intersection.
gip,z
Said subdivision exemption is to allow the petitioner to divide a acre tract into two (2)
tracts of approximately - :1 and 2.00 acres in size on the above described property.
-2—
All persons affected by the proposed subdivision exemption are invited to appear and state their
views, protests or objections. If you cannot appear personally at such meeting, then you are urged
to state your views by letter, particularly if you have objections to such subdivision exemption
request for the surrounding property owners and others affected in deciding whether to grant or
deny the request for the subdivision exemption. This subdivision exemption application may be
reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield
County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00
p.m.,
Monday through Friday.
That public meeting on the application for the above subdivision exemption request has been set
for the 15th day of August, 1994, at the hour of 4:45 p.m., at the office of the board of County
Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs,
Colorado.
Planning Department
Garfield County
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J.S. Department of Agriculture
Soil Conservation Service
SOIL INTERPRETATION REPORT
Survey Area- ASPEN -GYPSUM AREA, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES, COLORADO
Page - I
6/1/94
Map Symboi,
Soil Name
Septic Tank Dwellings
Absorption Without
Fields easements
Dwellings with Local Streets Lawns,
Basements and Roads Landscaping,
and Golf
Fairways
SOUTHACE MODERATE MODERATE MODERATE MODERATE SEVERE
Slope Slope Slope Slope Droughty
Large Stones Large Stones Large Stones Large Stones
U.S. Department of Agriculture
Soil Conservation Service
Page - l
6/1/94
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - SOI
Survey Area- ASPEN -GYPSUM AREA, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES
Map
Symbol
Description
97 SOUTHACE COBBLY SANDY LOAM, 6 TO 12 PERCENT SLOPES This
map unit is on upland benches, foot -slopes, and
alluvial fans. The Southace soil is deep and
well -drained. It formed in alluvium derived dominantly
from redbed sandstone and shale intermixed with
gypsiferous material. The surface layer is cobbly
sandy loam 3 inches thick. The upper 11 inches of the
underlying material is gravelly loam. The next 12
inches is very gravelly loam. The next 34 inches to a
depth of 60 inches or more is very cobbly fine sandy
loam. The amount of stones and cobbles increases with
depth. Permeability is moderate. Available water
capacity is low. Effective rooting depth is 60 inches
or more. Runoff is medium to rapid, and the hazard of
water erosion is moderate to high.
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