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Home My WebLink About1.0 Application:nRF I ELD COUNTY, COLORADO PETITION FOR EXEMPTION 1 Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned respectfully petitioners the Board of County Commissioners of Garfield County, Colorado, to exempt by resolu- tion the division of / 3 5 +� acre tract of land into c;- tracts of approximately 7/ ,//7(57 -----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: In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. B. Copy of deed C. Vicinity map D. Statement on source of domestic water E. Statement on method of sewage disposal F. 100 year floodplain information where live stream crosses or adjoins said tract G. Evidence of the soil types H. Copy of Assessor's map showing the property I. Practical description of property location J. Fee in the amount of $ /OO K. $200.00 fee for each new lot createdof Submitted at Glenwood Springs, Colorado, this ' day , 19 Telephone Number 71usIElai. Ma,i,•u,i. Ir,: 1,.,9 .L.twrrn Georg.. Norman Goldman and Maud i.- ioldma: 4668 311 Road New Castle, CO 81652 ufthe County of Garfield and Stety ..f Colorado, of the first Fart. and Harold Bttmguardner and Kay Bumanardner wh. a Legal address is 5253 301 Road Grand Valley. CO 81635 of the County of Gar f i e ld and Siete of Colorado. of the second part WITNESSETH. that the said part of the first part. for and in consideration of the sem of �r!f sof. Vlil iH L TEN DOLLARS AND OTHER GOOD AVALUABLE CONSIDERATION-__------ Df•LLARS. NO to the said part les of the first part in band paid by the said parties of the aimed pari. the receipt whereof is hereby confessed and acknowledged. have granted, bargained. sold and conveyed. and by these premeds do grant, bargain. sell. convey and confirm unto the said parties of the second part, their been and assigns forever. not in tenancy in common but in joint tenancy. an the following described lot or parcel of land. situate. Iying and being in ch. County)! Garfield and SieteoICelonds.towit: That certain parcel of real property described on Exhibit A attached hereto and incorporated herein by reference. Together will all of grantors' interest in water and water rights, title to which is not warranted: a) 3/5 of the Talmadge and Gibson Ditch First Enlargement, Priority No. 49. A;rpropriation Date of April 10, 1886. b) 1/4 of the Talmadge and Gibson Ditch Second Enlargement, Priority No. 82, Appropriation Date of June 9, 1887. c9 Cabe and Sniff Ditch. Prioriti No. 1060fy., Together with 12 of all of grantors' interest in the minerals and mineral rights in, on and under said property. also knows as street sad number TOGETHER with all and singular the hereditenenta sad npperteemacee thereente belonging. err astywhe ri appertaining. the reversion and reversions, remainder and remainders. rents. issues and profits thereof: sod all Nm ; estate. right, title, interest, claim and demand whatroewr of the said part tell of the first part. either bt law or putty. of, in and Loth* above bargained premises, wit't the hereditaments and appurtenances TO HAVE AND TO HOLD the said premie above bargained and described. with the appurt nsnees, u+to the said parties of Cbe second part, their heirs and assigns forever. And the said part iea of the first part. fur them ' 4 selves/and hn iters. executors, and administrators do covenant. rant. bagasse sad novo to and with Site said parties of the second part, their heirs and assigns that at the torte a the eartaL..a a;:d .:t•:iverg• preseuts they arson seised of the premise* above conveyed. cs or coo,'...t . 6:ert,l,•t. estate of inheritance. in law, in fee simple, and ha Ve gaud ri,K?:t. Cc:11 W c s are; ::a'a 9ni su''a Jo o. sell and convey the same in manner and ferns afort s .id. and that the S* 1 ar:• fret sr. i < •f r ;, s`i f.>r:r,r and othergrants. bargain.. sale., liens. taxes. assessnsoDL mid encumbrances of whatever ktn.i .e ... , ...: ; • �j w t to taxes of a current nature and stn':ircc cnt LcrvL.c mineral reservations, oath inlaceadin ee g ' :rat t edas�bo t�arn�°aibOOIt �19gat k':,f. an tea ve reed premises to heirs and assigns, against all and every perwn or wt.& t, -r a r.;,u c,::lar ;. e s.y t c:.e; , .i, the said part of the first part shall and will WA 1 iAN'T AND PUttEEVL L DO: a ),<1. IN WITNESS WHEREOF the laid part imp? the first part he ve hereunto sot the':.bu:4 sal 9 the day and year first above amities. ,I Signed. Sealed and Delivered in the Presce enof rr�r..;.;5-t� , - d ,1 STATE OF CO County The f, g. g instrument wjji� ae�knowledavd Warense thes day of 7n ia; ► ..,e ! r1:n.t-it (1sldO7trt.if/I nigece(L.e , t-+�a:�b. ,4 •v e. -/ 3 . ib . Witness band and official ti 4 IOTA R y • FUBty\ t o, e.r• 4. sief e GI C‘` 1., t21.-OONNn•rt Drru nl...it.,.u. -eine■rsatiM/eaaMYfOi..laM /MYmwol.D'.,,adi,rad ti1a.a51 l.em 1! E i1 _ L As. .34 L ",'`.-;M:7. • , . - <1; 41 -; • I /Vx Lyr• 4,;i-4,,...., 4 S'% .t_Q''�'�5� � i,a �� r �� ems? . � -tC'- USDA — SCS ADVANCE LL.?isr' — `.,U':_',JL(._.1 ((.� LILA i--IL:E —2') 0 1 ' I V': LF- J `_i I> - r-)(\Rl .., OF MF_S'\ 4 GARr 1L.Ln C("\ i 1 • Cc.,,Lov•.t-7,,-_, (^�w -7 ., ,, Z \ �'r',1,--7 fig Tr , ,i' II I, �\I!'1iV\ \(] 7 �1� 1. Map Unit No. 10B SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thag 3 inches) Salinity (ECx10.S @ 25C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) :More than 60 inches Loam Clay loam Loam ML, CL : 'Moderate : 0 6.6 to 7.8 Moderate Low None B High Moderate Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Good Roadfill : Fair Low strength Sand Gravel : Unsuited Topsoil Fair Small stones .$1 1 SUBJECT TO CHANGE. NOT TO BE USED IN PLACE. OF ON-SITE INVESTIGATION 0 . M 0 0 : 0 : M Slope, seepage Low Strength' Low strength . M Low strength • . Unsuited. • IN THE DISTRICT COJRT IN t.JD FOR WATER DIVISION NO. 5 STATE OF COLORADO APPLICATION NO. W- 1331 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF NORMAN GOLDMAN & MAUDIE GOLDMAN IN THE COLORADO RIVER OR ITS TRIBUTARIES. TRIBUTARY INVOLVED - DIVIDE CREEK GARFIELD COUNTY IN And the Referee having made the by Article 21 of Chapter 148, C.R.S. hereby make the following ruling, to RULING OF THE REFEREE ABSOLUTE WATER RIGHT investigations required 1963, as amended does wit: This application was referred to the Water Referee of Water Division No. 5 on the 12 th day of July 197. 1. Name of Applicant Norman Goldman and Maudie Goldman Divide Creek Route; Silt, Colorado Address 2. The name of the structure is Norman's Springs No. 1. 3. The legaldescription of thestructure is: The spring is located in the NEkNW4 of Section 30, T. 6 S., R. 91 W. of the 6th P.M. at a point 1150 feet South of the North line and 1600 feet East of the West line of said Section 30. 4. Means of diversion: The water is collected in a sump pond at the spring. 5. The date of initiation of appropriation is 1921. 6. The amount of water claimed is 0.022 cubic foot per second of time. 7. The use of the water is domestic. 8. The Priority date is December 31, 1921. 9. The date of the application was June 30, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priorities of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado, this 197x. day of 'islyc , No protest was filed in this matter. The foregoing ruling is confirmed an approved, and is made the Judgment and Decree//of this court. Dated: i"Y! 4i, ,";7J Aehill9h*VitAA/ Water Judge Wa Referee Water Division No. 5 State of Colorado Submit original plus 3 copies �•9t)Oa1'n ctt!::i( jD '. ".IA' • • tr auq �l9.40t •)t!fC DISTRICT COURT, WATER DIVISION , COLORADOVOINVaitICT 12c.b'%1AtittilifiSRAIVICGIA300 Case No 8 4c J8 e MAY 14'984 APFLICATION FOR WATER RIGHTS (SURFACE) MARIE TALAMAS, CLERK CONCERNING THE APPLICATION FOR WATER RIGHTS OF: r� , in Garfield County 1. Name, address, telephone number(s) (residence and business) of applicant(s) Kay and C.L. Bumguardner 4668 311 Road, New Castle, Colorado 81647 2. Name of structure: (ditch, spring) Spring 3. Legal description of each point of diversion: (include feet from section line, 1/4 1/4, section, townsh+p, range, and county) In the S.E.* of the N.W.4 of Section 30, T.6 S., R.91 W. of the 6th Principal Meridian in Garfield County, Colorado and being 1354 feet south of the north line of said Section 30, and 1915 feet east of the west line of said Section 30. 4. Source: (tributary and river) Ground water spring. 5. A. Date of initiation of appropriation• B. Date water applied to beneficial use: C. How appropriation was initiated. 1944. 1944 Concrete box set around spring. 6. Amount claimed: 5_444.9NsTT/61/NN7Lz eir(X) Absolute ( ) Conditional 7. Use or proposed use• Domestic water Number of acres being irrigated: None ; historically irrigated• None ; proposed to be irrigated: None JE • 296 Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214—(303) 233.6900-9-82 APPLICATION FOR WATER RIGHTS (SURFACE) R8/81 g .o• 1 •At'' Ave•4 '.4aal, A•ndeo., d-17iQa ietiadteo. ems pue aGeulDu3 a rts!Aln,'eaaapH mom oZVoilluagn;.ucttnoltddy to Moo Z0918 •op 'sbu?ids pooMu@Tf , n!19nd olop --- aat,dxa uotssiwwoa y+; r, gwP11J�� S3JIdx3 UOISSiWWOD Aww, B . ` !86T ' i�T A>?y� UO aW aiojaq Teo .iapun paquosans lunip dV slttl peas mull 1 1eit1 Lpeo .l; pun mels ~— -- — ---- 1L 8 0T oAanans ptz .ON uotlealsOO I Xou.iouv LL6E-SZ9 (8U) 'oNauoudapi t0ul01lV JO lunNlddv jo ss1JPPV 0S9T8 0D 'aT3T I 'anuanS uolqnH STZ iA�u n,l lV �o) IuvapddV In a.lnluuHiS gbn2gTooD •Z pao3pTW 'SS f •lualuoo sl! 'Swan pue `uoI;eD.tdde iaugzpbeing-72x 1 ariaz.�a�-D— AO AINnoD OQv210100 AO ILVIS •tt6L aou•Ls fi[snonul.quoo .aa4QM opsawop ,aoJ. pasn uaaq sey 6u!..,tds •g •.aageM opsewop .Ao4 pasn 6uiads AErone;o uouduosap legal (plq.uoo) •L • 1 LIMITED EASEMENT AGREEMENT FOR INGRESS AND EGRESS This Agreement made and executed on this the S day of )(\( , 1984, by and between Terry L. Kubik and Sara B. Kubik, of Garfield County, Colorado, the same being hereinafter jointly referred to as First Party; C. W. Brennan of Rio Blanco County, Colorado and Kay Bumgardner of Garfield County, Colorado, the same being hereinafter jointly referred to as Second Party, and Barry Stout of Garfield County, Colorado, the same being hereinafter referred to as Third Party. WITNESSETH: WHEREAS, First Party and Second Party did on the 1st day of March, 1984, execute and deliver each unto the other a certain Agreement for Easement of Ingress and Egress across properties then and/or now owned by each of them, said Agreement being recorded in Book 623 at Page 589 bearing Reception No. 340239 and being incorporated herein by reference thereto, and WHEREAS, the aforementioned Agreement was restricted in use to ingress and egress for two parcels of real property together with two residences thereon and then, for agricultural use only, and WHEREAS, Second Party now desires to subdivide that property owned by them, and convey a portion thereof to Third Party, and WHEREAS, said Third Party desires access to and egress from said real property being sold by Second Party, and WHEREAS, subject to all terms and conditions set forth herein, First Party desires to extend egress and ingress to Third Party, and WHEREAS, Second Party desires to induce First Party to extend an easement of ingress and egress to Third Party upon that real property owned by First Party so as to promote the sale of Second Party's property. NOW THEREFORE, for and in consideration of the mutual promises set forth herein, the mutual benefits derived herefrom and other good and valuable consideration provided each unto the other, the receipt and sufficiency of which being duly acknowledged by the execution hereof, it is agreed as follows, to -wit: (1) First Party does hereby grant unto Third Party an easement for ingress and egress upon that real property owned by First Party as specifically described within Book 621 at Page 61 in the office of Garfield County Clerk and Recorder; provided, however, (a) said easement shall be restricted to the easement of ingress and egress which is presently in place and in use for access to the single family residence upon that property purchased by Third Party from Second Party; (b) said property purchased by Third Party shall be restricted in use for agricultural purposes and one single family residence; and (c) said property purchased by Third Party from Second Party shall not be subdivided without the express prior written consent of First Party. (2) Third Party does hereby grant unto First Party and unto Second Party an easement for ingress and egress upon that real property owned by Third Party, said property being specifically described within Exhibit A hereto and made a part hereof; provided, however, that (a) said easement shall be restricted to the easement of ingress and egress which is presently in place and in use upon said real property granting access to and from that real property owned by Second Party and to any and all lands adjacent to the property of Second Party, and (b) First Party shall restrict their use of said easement for agricultural aned recreational purposes. (3) Second Party does grant unto First Party an easement for ingress and egress upon that property owned by Second Party, said property being specifically described within Exhibit B hereto and made a part hereof; provided however, that (a) said easement shall be restricted to the easement and/or easements of ingress and egress which is presently in use and in place upon said real property granting access to the real property of Second Party, and in addition thereto, to any and all land adjacent thereto, and (b) First Party shall restrict their use of said easement for agricultural and recreational purposes. (4) Second Party does covenant, represent and agree with First Party that the real property set forth and described within Exhibit B hereto shall (a) not be subdivided without the prior written consent of First Party and, (b) shall be restricted in use for one single family residence and for agricultural purposes. (5) Second Party and Third Party do agree that at such time as First Party shall determine, in their sole discretion, and do provide a new and alternate easement for ingress and egress, with an improved road base comparable to the existing road base, affording ingress and egress for both Second Party and Third Party from their respective properties, and limited to the uses hereinabove set forth, the existing easement as the same is presently in place and in use across the properties of the parties hereto shall be deemed abandoned and the new alternate easement shall be deemed the exclusive easement for ingress and egress across the property of First Party to afford access to the property of the Second Party and Third Party. (6) It is understood and agreed between the parties that at any time any party hereto wishes to provide for a certain legal description of any of the easements provided for herein, that such parties • • shall cause the easement to be surveyed and described and the parties shall then execute such grants of easement as may be required to legally define the location of the easement across the properties of the respective parties. In the event a legal description of the easement which is presently in place and in use is obtained and recorded, the parties hereto, upon abandonment of such easement, agree to execute and deliver appropriate quit claim deeds to terminate such easement of record. (7) It is agreed between the parties hereto that each shall be responsible unto the other for an undivided one third of any and all cost or expense incurred in the maintenance and/or repair of any easement and/or easements being the subject hereof. (8) It is further agreed that if and in the event any party hereto shall fail to use any easement and/or easements in accordance with any term and/or provision set forth herein, or if any covenant, condition or representation herein shall fail, this Agreement may then be declared void by written notice to the failing party of the other party's election to void the same. Said notice shall be deemed to have been provided by deposit of the same with the United States Postal Service, postage prepaid for delivery to the failing party at the appropriate address hereinafter set forth. Notwithstanding the above, the failing party shall stand liable, at law or in equity, for any and all damages resulting and/or arising from any such failure. Further, this Agreement may be enforced by an action for Specific Performance. If and in the event this Agreement shall become the subject for an action for damages and/or specific performance, the prevailing party shall be entitled to all costs of suit and a reasonable attorneys' fee. (9) This Agreement shall be binding upon all heirs, assigns, successors, administrators, executors, receivers, trustees and personal representatives. It may not be changed, modified and/or amended except by written instrument executed by all parties hereto. First Party &-1:4_ 4 4_ 0(/. 4eLkit_.„ Terry L. Kubik (adress) (City, State, Zip) :ra B. Kubik (address) (City, State, Zip) -3- STATE OF COLORADO COUNTY OF GARFIELD Second Party "ie.. e 2 PC"/ Wo ate, zip) Cr., Brennan ares - r - A' •• ar • ner fdr,,S.-) ll/�-/ �ba ` �� (city state, zip, �`6 Third Party Barry Stout (address) (city, state, zip) 3Po ) ss. egoing instrument was acknowledged _ore me this 5- , 1984, by �� My oc mitission expires (3704_,...-e �-g� /9A5 - Witness my hand and official seal. (Seal) ' 7)1. 4. Notary .lic VVV 7 ,aro6,5Z • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 MEMORANDUM TO: Cindy Houben, Planner FROM: Ed Feld, Environmental Health Officer RE: Harold and Kay Bumgardner's Petition for Exemption DATE: April 18, 1984 Attached is Individual Sewage Disposal Permit #860 issued to the above referenced parties July 14, 1980. The system serving the other proposed parcel is considered pre-existing,non-conforming Should renovation ever become necessary, conformance with existing state and county regulations would be necessary. Please be advised I have no objection to the Bumgardner's request. 100 8TH STREET P.O. BOX 640 GLENWOOD SPRINGS, COLORADO 81602 7 GARFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH 2014 Blake Avenue Glenwood Springs, Colorado 81601 Phone (303) 945-7255 INDIVIDUAL SEWAGE DISPOSAL PERMIT This does not constitute a building or use permit. Owner System Location - ° G f.OU 1-1p* � Conditional Construction approval is hereby granted for a gallon Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: Perc rate of one inch in minutes requires a minimum of Licensed Contractor sq ft of absorption area per bedroom. Therefore the no. of bedrooms x sq ft minimum requirement = a total of sq ft of absorption area. May we suggest ._ Date Inspector FINAL APPROVAL OF SYSTEM: No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. a` ok ok mK Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. Proper materials and assembly. Trade name o septic t k or aerated treat%ent unit. Ae absorption (or dispersal ea. /rQ 8� Adequate compliance with permit requirements. Adequate compliance with County and State regulations/requirements. —�� Other Date Inspecto RETAIN WITH RECEIPT RECORDS CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months in jail or both). Building Official — Permit White Copy Applicant — Green Copy Dept. — Pink Copy (TO BE RETURNED TO BLDG. & SANI. DEPT.)