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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
I7
_'i JUL 19 1977
G,w. DCO. P.
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and
3.02.01, the undersigned '.l :,art. Ea=ger„ ?vrne
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution =! seven. (7) acre parcel into two
nr7 one
(-)\ r„ rl n -P i i_crc c
cons stirP- of 5 acres
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land" as the terms are used and defined in C.R.S. (1973)
Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations
for the reasons stated below: This exemption is requested so that I may
my own use on the five acre parcel. The
existing house on the two acre parcel will be retained in my
ownership and used as a rental. City water. from Rifle will be
used for both houses. Septic systems will be used for both
houses. When sewer system is available, I will tap onto that
system. The legal description for this property is," The South
Seven (7) acres of the North Thirty (30) acres of the NWYSE
of Section 8, Township 6 South, Range 93 West of the Sixth
Principal Meri_dign, County of Garfield, State of Colorado.
Submitted at Glenwood Springs, Colorado, this 1-8t". day
of , 19
6AVCee,'
Peti ti arPer
gene Byrne
0303 265 Road
Rifle, Colorado 81650
July 18, 1977
JUL 1J 1977
Mr. Bob Witkowski
Garfield County Planning Dept.
2014 Blake Ave.
Glenwood Springs, Colorado 81601
Dear Bob,
Enclo ed is my application and map for the proposed
subdivion of my seven acre parcel of land. I plan to divide
this parcel into twn parcels of land, one two acre parcel and
one five acre parcel. I am requesting this exemption to
contruct a new and larger house. I plan to rent my existing
small house and live in the new house.
I have an agr.eetent with the RE -2 School District to tap
onto their new water line that is going up County Road 265 to
the new junior high school building. When I obtain all the
papers from the school district and the City of Rifle for the
water tar, I: will forward them to you to certify that I have
city water for both lots. Since their is no public sewer system
available at this time for this area, I will use septic systems
for my sewage treatment. I am hopeful that within the next
ten years city sewer will be avai.lble for this area and I will
tap on to the system as soon as it is available.
If you have any further questions nr you need any
additional information, please advise me. Also, I would
like to request that you process this application as soon as
possible because I would like to complete the construction of
the new house by Dec. 1977. Pleas(' advise me when the hearing
will be held so that I may attend and answer any questions
pertaining to this exemption.
GB/gb
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CITY OF RIFLE
RIFLE, COLORADO
81650
August 8, 1977
Mr. Robert Witkowski
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Bob:
This letter is to confirm the City of Rifle's position in the
matter of Gene Byrne's request for a SB35 exemption. Mr. Byrne has
contacted the city and a contract has been worked out between him, the
city and the RE -2 School to allow Mr. Byrne (and others in the county along
Prefountaine Avenue) to tap on to the new water main.
This contract applies to all the current users of an existing
private main that is in poor shape. It will also apply to new taps
requested provided that the standard tap and systems improvement fees
are paid at the time a building permit is issued and that a preannexa-
tion agreement is executed. Mr. Byrne has indicated that these require-
ments are acceptable and the city expects no trouble in allowing Mr. Byrne
to make the tap.
We would appreciate cooperation between Mr. Milnar and Mr. Richard-
son, our Building Inspector, so that Ray can calculate the Systems Improve-
ment fees at the time a building permit is issued by the county.
If you need any further information, please call.
Yours truly,
Lynn P. Behrns
City Planner
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• •
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JUL
GAFti:.1:C.
AGREEMENT
WHEREAS, Garfield School District No. RE -2 is con-
structing a water main to specifications of the City of Rifle
pursuant to Section 10.04.07 of the Rifle Municipal Code along
County Road 2.C_c- to a new school site situate within the Garfield
RE -2 School District additions to the City of Rifle; and
WHEREAS, certain consumers of city water wish to tap
said main extension contemporaneously with its construction and
prior to September 15, 1977, but do not wish to pay their share
of the extension costs pursuant to Section 10.04.07 of the Rifle
Municipal Code.
NOW, THEREFORE, the Garfield School District No. RE -2,
The City of Rifle, and the undersigned consumers agree as follows:
1. Each consumer, excluding District, connecting to
said main extension prior to September 15, 1977, shall pay to the
District $300.00 in lieu of payment to the City pursuant to
Section 10.04.07(d) of the Rifle Municipal Code and District
shall waive right to repayment from the City for such connections
pursuant to Section 10.04.07(3) of the Rifle Municipal Code.
2. Original cost of extension shall be reduced by
$300.00 for each said consumer, excluding District, connecting to
the main extension prior to September 15, 1977.
3. Each consumer, excluding District, connecting to
said main extension prior to September 15, 1977, shall waive the
ight to repayment from City pursuant to Section 10.04.070 of the
unciipal Code of the City of Rifle.
4. Repayment to the Garfield RE -2 School District and
future consumers connecting to said main extension shall be based
upon original cost of extension computed in accordance with
aragraph 2 hereinabove, and made pursuant to said Section
• •
10.04.070 as in force and effect on this date.
IN WITNESS WHEREOF, the parties have set their hands
this day of , 1977.
ATTEST:
GARFIELD SCHOOL DISTRICT NO. RE -2
B
y President
Secretary
ATTEST:
Clerk
Consumed
CITY OF RIFLE:
Consumer
Consumer Consumer
Consumer
-2-