HomeMy WebLinkAbout1.0 ApplicationlirvoRr, l'►IE; HOARD of COUNTY c'OH 1(NERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned Clifford Cerise
Ranch Co., a limited partnership
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by ,
Resolution the division of 70.65 acre tract of land into two tracts of
approximately5 and 65.65 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:
Idy father and mother built their home on the property described as
Tract A, of exemption plat, consistial of 5 acres. I kczu.red /0_65 acres
or their ranch property in connection with their division of the ranch
and agreed to reconvey the 5 acre tract to them after the exemption had
been approved.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. 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;
B. 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.
C. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D . 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
E. Evidence of the soil types and characteristics of each type; and
F. 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
G . If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H . Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J . A $100.00 fee must be su'.mi ted with the application.
r
1`r
AUG1 0 1984
Gh?F171.0 CO. PLANNER
CISE H CO., a i partnership
tione5f
086 Road 104
Carlboncralear _o__orado 81623
City
963-3175
Telephone Number
State
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 additonal 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.
H . Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
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 ownors 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.
\, '
)
t5
�^I
•
L
EXHIBIT "B"
Vicinity Map
.II I l\ �\\
II 11 , \ \\• _.�1
•
14
1 J
A
,I
1000
(
7,25 r
7400
v' O
7/82,-0i
6875
L.
\4v1'
reek.
rys,1 —
ob
0
6
Irl - r 0
•
0.6219
\\a 6400
IlII
II
°26
._ 11
/
/4
Gravel I t
\II ----'1Y
r\`
6285
°
'.. jj 8 3`4. II
s II
9*'carbond1e
„ it
•
6/70 \ '
3 5
BM.'
•
11.
11
11
11
II
•
0
36
•
II
\rte o,u
6289
62!
Catherine •
4
"A
O I
n II,
nll_ I
\411 ,I„...„ 11
c.I
"s -v. t, }
+111 ' (1 \\``�I =_
1116337+ �\ _ —
IWhite�__
—}.633/1.1
Hill
N I
I_ \
Carbondale r-1
Cem 11
1
° }
A--
-_wc6239
1
'6234
• ' ==.= _= vc ice •
/MuIf
RM 1627?-:__
660 _=
�\\L 11\ 6777':
Lam_
U�
ti
O
1'
•
If
11 7
•
•
•,
Recorded at .'\• Occk 1
iftL v V IJU.)
Reception No 1/4-1(0.30..45 MILDRED ALSDORF, RECORDER�.
GARFIELD COUNTY, COLORADO
EXHIBIT "A"
WC/44(14'4 geed
KNOW ALL MEN BY THESE PRESENTS THAT
OSCAR CERISE and WILMA CERISE
First Party
0281 105 Road
P.O. Box or Street Address
Carbondale, Colorado 81623
City State
Zip
641 NcE297
RPIfei
DEC 30 1983
State Doc. Pee
* 0 a Colorado Corporation
❑ a Partnership
O a Limited Partnership
for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to
CLIFFORD CERISE RANCH CO.
Second Party
0086 104 Road
P.O. Box or Street Address
Carbondale, Colorado 81623
City
State Zip
*❑ individually
❑ joint tenancy
❑ tenancy in common
❑ a Colorado Corporation
❑ a Partnership
XXa Limited Partnership
the following described property in the County of Garfield
See Exhibit "A" attached hereto and by
reference made a part hereof
and State of Colorado:
with all its appurtenances and warrants title to the same, except and subject to general property taxes for the
current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or
private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other
mineral reservations and exceptions, if any
SIGNED this 30 day of December
A.D. 19 83
OSCAR CERISE \
WILMA CERISE
STATE OF COLORADO )
1 ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 30 day of December
19 83 by Oscar Cerise and Wilma Cerise.
0.p
2•'..-Wltnessimy hand and official seal.
�'. My commission expires: 2-27-85
0i A ;?
NOTE: .
• If applicable, rriark square with x.
Singular shall include plural as context requires.
Address
NoPublic
Box 400
enwood Springs, Co 81602
•
►buu4 b-11 uLUc4::io
EXHIBIT "A"
TO BE ATTACHED TO A WARRANTY DEED FROM OSCAR CERISE AND
WILMA CERISE TO CLIFFORD CERISE RANCH CO., A LIMITED
PARTNERSHIP
CLIFFORD CERISE LIMITED PARTNERSHIP PROPERTY
Township 7 South, Range 88 West, 6th P.M.
PARCEL I - CRYSTAL SPRING LOWER RANCH
Section 25: Lots 4 and 12
Section 26: Lots 7, 8, 9 and 10
Excepting the following described tracts of land, to -wit:
(1) A tract of land conveyed to David S. James by
deed dated November 5, 1907, recorded as Document No.
37532 in Book 79 at Page 95 of the Garfield County
records, containing 49.007 acres, more or less.
(2) A tract of land conveyed to Anthony Pings by
Deed dated February 3, 1917 and recorded as Document
No. 57960 in Book 100 at Page 608 of the Garflled
County records, containing 2.16 acres, more or less.
Together with a strip of land of sufficient width for
purposes of constructing, laying and maintaining a pipeline
2,500 feet long in a gulch running northerly from the above
described property, together with water rights connected
therewith, as particularly described in a warranty deed from
David S. James to Samuel Geigel, dated October 25, 1901 and
recorded as Document No. 24367 in Book 45 at Page 198 of the
Garfield County records.
Together with any and all ditch and water rights belonging
to, used upon, or in connection with the above described
property.
All of the above described property contains 110 acres, more
or less.
PARCEL II - CRYSTAL SPRING UPPER RANCH
Section 24: Lot 2, 5 and 6
Except the following described tracts of land, to -wit:
(1) A tract of land situated in Lot 2 of said
Section 24, more particularly described as beginning at
the North Quarter corner of said Section 24 whence a
brass cap found in place and property marked for the
Witness Corner to the North Quarter corner of said
Section 24 bears S. 80°54'45" E. 32.52 feet; thence S.
89°54'45" E. 1335.36 feet along the Northerly boundary
line of said Section 24 to the Northeast Corner of said
Lot 2; thence S. 00°53'01" W. 493.44 feet along the
Easterly boundary line of said Lot 2; thence S. 84°20'49"
W. 539.49 feet; thence S. 34°25'58" W. 733.99 feet;
thence No. 87°21'58" W. 387.26 feet to the centerline
of said Section 24; thence N. 00°33'15" E. 1136.21 feet
along the centerline of said Section 24 to the point of
beginning, containing 24.58 acres more or less.
(2) Beginning at a point on the North line of Lot
6 in said Section 24 a distance of 145 feet East of the
flO tWW J 64A. P4BE %4`.jy
Northwest corner of said Lot 6, thence South 310 feet;
thence East 25 feet; thence North 310 feet to the North
line of said Lot 6 and thence West 25 feet to the place
of beginning.
(3) A tract of land in Lot 6 of said Section 24
described as beginning at a point on the north line of
said Lot 6 a distance of 170 feet east of the Northwest
corner of said Lot 6, thence South 310 feet, thence
East 80 feet, thence North 310 feet to the north line
of Lot 6, thence West 80 feet, to the place of beginning.
Together with an easement or right of way ten feet in width
along the westerly boundary of that part of said Lot 2 above
described for the installation, maintenance and repair of a
buried water pipeline and an easement 25 feet square in the
northeast corner of the 24.58 acre tract of land in said Lot
2 herein described, for the purpose of installation, maintenance
and repair of a buried water supply tank.
Together with any and all ditch and water rights belonging
to, used upon or in connection with the above described
property, including but not exclusively, an interest in the
C & M Ditch, being Ditch No. 92, with Priority No. 128 and
the C & F Enlargement of the C & M Ditch and Priority No.
218B.
Together with a grazing permit on the White River National
Forest for 34 head of cattle on the Coal Basin Allotment,
being 8 head of yearlings and 26 head of cow and calf and a
grazing permit on the White River National Forest for 101
head of cattle in the North Thompson Allotment, being 11
head of yearlings and 90 head of cow and calf.
All of the above described property contains 70.67 acres,
more or less.
EXHIBIT "C"
TO BE ATTACHED TO A PETITION FOR EXEMPTION IN GARFIELD
COUNTY FOR CLIFFORD CERISE RANCH CO., A LIMITED PARTNERSHIP
The only land owner within 200 feet of the property
affected by this petition is:
Lake Ranch Inc.
Attention: F.W. Kalmes
627 West Smuggler
Aspen, Colorado 81611
Map Unit No. •)L)
`/oL
SOIL CHARACTERISTICS
Depth to Bedrock
Texture
Surface
Subsoil
Substratum
: deep
Unified/AASHO Classification:
Permeability (below 2 feet) :
Percent Coarse Fragments
(gravel, cobble, stone)
Soil Reaction (pH)
Shrink -Swell Potential
Potential Frost Action'
(surface)
Flood Hazard
Hydrologic Croup
Corrosivity - Steel
- Concrete
DECREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate,
S is Severe)
Septic Tank Absorption
Fields
Sewage Lagoons
Sanitary Landfill - Trench
- Area
Shallow Excavations
Dwellings w/basements
w/o basements
Local Roads and Streets
SUITABILITY AS A SOURCE OF....
Daily Cover for Landfill
Topsoil
Sand
Gravel
Roadfill
OTHER SOIL FEATURES
•
EXHIBIT "D"
Evidence of Soil Types
silt loam
silty clay loam, clay loam
clay loam, silty clay loam, silt loam
ML, CL; A-4, A-6
moderate
0 to 10 percent
7.4 - 8.4
moderate
moderate
none
B
high
low
: M - permeability rate, slope
: S - steep slopes, seepage
: M - seepere
: M - seepage
: M - steepness of slope
: M - steepness of slope
: 1'," - shrink -swell, low strength, steep slopes
: M - shrink-s1ve11, low strength, stoop slopes
: Fair - seepage, steep slopes
: Fair - steepness of slope
: Unsuited
: Unsuited
: Poor - low strength, shrink -swell, steep slopes
"ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION.
• •
EXHIBIT "C"
TO BE ATTACHED TO A PETITION FOR EXEMPTION IN GARFIELD
COUNTY FOR CLIFFORD CERISE RANCH CO., A LIMITED PARTNERSHIP
Oscar Cerise and Wilma Cerise constructed their home on the
five acre tract and it is serviced by an individual well and
an individual septic system.
Practical Description
The property is situated on County Road 105, just off the
Crystal Springs road, approximately two miles northerly of
the intersection of Crystal Springs Road with State Highway
No. 82.
Oscar Cerise and Wilma Cerise have owned the 70.65 acres for
over twenty years and it has not been subdivided prior to
this request.
• .
CARBONDALE FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
June 29, 1984
Mr. George Petre
P.O. Drawer 400
Glenwood Springs, Colorado 81602
Dear Mr. Petre,
101111101
J U L - - 1984
ANNINN
The Carbondale & Rural Fire Protection District is in receipt
of your letter of May 30, 1984 regarding Crystal Spring Ranch.
The District has reviewed the vicinity map that was attached and
would offer the following comments regarding fire protection
for the property.
Response time to the property is approximately 15-20 minutes.
Access to the property is adequate for fire apparatus.
Water supply for firefighting purposes would be provided by
the use of the District's tanker trucks.
The District has no objection to a petition for exemption for
Crystal Spring Ranch at this time.
If you have any questions, feel free to contact me at 963-2491.
Sincerely,
Ron Leach
Carbondale & Rural Fire Protection District
Chief
RL:vb
A1,•••.•1 t 11 1
•1
Il
'1
1+
EXHIBIT "D"
Assessor's Map
T --
•1
....•-. •- .. - ...+u, rt,•.
O
O
04
0
.A� 0
• -Vf
•
•�
1.14. -
t
•+
BABY BEAN,
sue•oIv
•y
10.1-
••!.-
� �` '—" `EE MAPS
•
‘;.✓/��95 119
,-A/KZ
C oC
ue.t 4 k7./
5�v
•
23 •�;
;34
(1-7.1)
8
1l.
114
A/
•20
•i r
•
/ 5J4`•Ys'OE
r,. 1 ' 2393-273
\'. r',‘1 '
��,•, ♦ y
1 \
T
SEE VAI
SEE MAP
iltCt-y2393-2 T
t T 11
MQ. , 2393-19
-2 -•+
•
1-
qr
)'.fJC12\ : '\
93-S3 11� \ 1 iis3*
—'t
2311-30).00-004
C
1
L. •1 0
�*� *^ �� • r ^1 Ili•
T c
f•1 r•,.GDOC1 r»I•,•�7o-m••, ���j77 V [ .
44/V//
�i 14;,� / -' • " � //�
SEE MAI i /y .//%j
MA�N<Yj•;�`
,\
1 + Kl 1, •x . o�3,3__/,;
CARBONDALE+ 11;/�/�CT,KR��C�<Ti:
2393-334 IR -2 /'
239? -344
2393-345 _
-1'
•+
r
N
2323-34
14•3•011.00.014
ce •••1
7---T
cvi
.
•
Floodplain Map
I
1
•
IN
•
/s
•
M
1
r