HomeMy WebLinkAbout1.0 Application• •
PETITION FOR SKETCH PLAN REVIEW
AND EXEMPTION FROM FULL SUBDIVISION REVIEW
Pursuant to the Subdivision Regulations of Garfield
County, Colorado, the undersigned respectfully petition the
Board of County Commissioners of Garfield County, Colorado,
on review of the sketch plan of petitioners, to exempt, by
resolution, the division of a 37 acre tract of land into
three (3) tracts of approximately 8.8 acres,4.0acres, and
24.2 acres, more or less, from further subdivision review for
the proposed subdivision will be adequately served by exist-
ing streets and roads and the proposed subdivision presents
no problems related to the intensive use of land or provision
of utilities and services and is not part of an existing or
potential larger land development project.
In support of this petition, the petitioners also submit
the following:
1. Two (2) copies of sketch map.
2. Vacinity-topography map.
3. Geologic and soils analysis.
4. Letter from petitioners containing statement on
source of domestic water and statement on method of sewage
disposal.
5. Ruling of Referee.
6. Certificate Of Attorney Licensed To Practice Law In
The State Of Colorado.
7. Deed evidencing ownership.
8. Resolution No. 80-48.
9. Fee in the amount of $87.00.
Submitted at Glenwood Springs, Colorado, this 9 day
of FAVKAteje
, A.D. 1983.
fYL%
Donald E. Carter
Ann I. Carter
5175 County Road 331
Silt, CO 81652
Telephone: (303) 878-2858
Name:
SUBDIVISION SKETCH PLAN
r ton
Location, Number of Lots, Etc.:
�t-
(2 copies)
0 to Ls 2
,E
Oa 7 ;L. 4.)
Zoning: /1" J�1/eQ
Access:
4c CS G
Water:
• 33 1 inn a-fThr i1,Ctrr adal'Geo
ed 6
Sewer:ti0
Check List:
#1 Sketch Map
v : Fee Paid
: Property Boundary survey with North arrow and date.
: Conce drawing of lot and street layout indicating
and
: Type and Layout of Water System
: Type and Layout of Sewer System
Provision for off Street Parking, and School
for School District approval
: Significant natural and manmade features and
on adjacent property.
: Total .tract acreage T1
„./-L,J43 Existing and proposed zone district boundaries
area of lots
Bus Stops, the
latter
existing development
V General land use divisions
(when applicable)
V: Scale 1'7200', name of Subdivision, County Name,
Section, Quarter Section, Index map.
#2 Geologic and Soils Analysis
• Geologic Characteristics
Soils type
L,,( Radiation Hazards
#3 Vicinity Map:
#4 Information
' 1.5 Miles on all sides
: Disclosure of Ownership ( title,insurance, etc.)
: Total development area
: Total Number of proposed dwelling units
: Estimated GPD of sewage
: Estimated Construction Cost and Method of financing
storm/drainage, utilities, etc...
: Evidence of Legal access
•
C
Township, Range,
streets, water,
PARCEL A-1
,'vt9tplfV
.t,1:F',.. '4
.lain SoI' 4.4 ul,ihj
A parcel of land being the East 289.25 feet of the SE'SE4 of Section 33,
Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield
County, Colorado, also being part of Parcel A of the Rifle Land and Cattle
"Dry Hollow Parcels A-0" as mapped and filed for record in the Garfield
County, Colorado records, under Reception No. 343119, said parcel of land is
more fully described as follows:
Beginning at the Southeast Corner of said Section 33, being a sandstone corner,
thence S.89°21'15"W. 289.25 feet along the South line of said Section 33;
thence N.00°31'46"W. along a line parallel to the East line of said Section
33, 1317.78 feet to a point on the North line of said SE'kSE4j thence
N.89°23'16"E. along said North Line, 289.25 feet to a point on the East line
of said Section 33; thence S.00°31'46"E. along said East line, 1317.61 feet
to the point of beginning, containing 8.75 acres, more or less.
SUBJECT to the Multa Trina Ditch, Davis Ditch and any other irrigation ditch
easement and/or right-of-way of record or as now constructed and in use.
ALSO subject to a 10 foot utility easement along and parallel to the East,
South, and West boundary lines of the above described, and along and adjacent
to the South easement line of John's Drive described hereafter.
SUBJECT to and TOGETHER with a 60 foot Road and Utility. Easement named
John's Drive as shown and described on said Rifle Land and Cattle, "Dry
Hollow Parcels A-0" map, being 30 feet on each side of the Worth line of
the above described parcel of land and its centerline providing access to and
from County Road No. 331.
TOGETHER with a 20 foot water pipe line and utility easement situated in the
SW'kSW' of Section 34 in said Township 6 South, Range 92 West being 10 feet
on each side of the following described centerline:
Beginning at a point, whence the Southwest Corner of said Section 34
bears; S.54°08'01"W. 746.82 feet; thence N.84°10'00"W. 613.01 feet
to a point on the West line of said Section 34 being the East line of
the above described parcel of land; ALSO, from said point of beginning,
thence S.05°50'00"W. 13.44 feet; thence 62.54 feet along the arc of a
curve to the left, having a radius of 100.00 feet, the chord of which
bears: S.12°05'00"E. 61.53 feet; thence S.30°00'00"E. 60.00 feet
through a well and pump house to a point approximately 10 feet from said
pump house.
ALSO TOGETHER with a 20 foot access road easement to the above described
well and pumphouse situated in said SW14SW, being 10 feet on each side of
the following described centerline:
Beginning at the point of beginning of the above described water pipe
line easement; whence the Southwest Corner of said Section 34 bears:
S.50°08'01"W. 746.82 feet; thence S.05°50'00"14. 13.44 feet; thence
62.54 feet along the arc of a curve to the left, having a radius of
100.00 feet, the chord of which bears: S.12°15'11"E. 61.53 feet;
thence S.30°00'00"E. 60.00 feet through a well and pumphouse to a
point approximately 10 feet from said pumphouse: ALSO, from said
point of beginning, thence N.01°12'00"E. 418.66 feet; thence 244.09
feet along the arc of a curve to the right, having a radius of 210.408
feet, the chord of which bears: N.34°26'00"E. 230.63 feet to a point
on the Southerly easement line of said John's Drive.
SOLAR COUNTRY
May 30, 1984
`c3o!ar" Counr ;r
PG Nur Iu3 1.30.;1
, Win Bao. Cuiu 2314:62
PARCEL "A-2":
A parcel of land situated in the SW4SW4 of Section 34, Township 6 Soothe, Range 92
West of the Sixth Principal Meridian,Garfield County, Colorado, being part of
Parcel "A" of the Rifle Land and Cattle "DRY HOLLOW PARCELS "A-0" as mapped and
filed for record in the Garfield County, Colorado records under Reception No. 343119,
lying Southerly of the centerline of John's Drive as shown and described on said map,
and Southerly and Westerly of the centerline of the Davis Ditch as now constructed
and in place, said parcel of land is more fully described as follows:
Beginning at the Southwest Corner of said Section 34, being a Sandstone Corner,
thence N.00°31'46"W. along the West line of said Section 34, 1317.61 feet to a point
on the North line of said SW4SW4, also being the centerline of said John's Drive;
thence, alond the centerline of said Drive, N.89°15'53"E. 320.00 feet along the
North line of said SW4SW4; thence 192.27 feet along the arc of a curve to the right,
having a radius of 283.384 feet, the chord ofwhich bears: S.71°17'54"E. 188.60 feet;
thence S.51°51'42"E. 200.62 feet; thence 196.48 feet along the arc of a curve to
the left, having a radius of 427.985 feet, the chord of which bears: S.65°00;47E.
194.75 feet; thence, leaving said centerline road, S.11°50'08"W. 30.00 feet to a
point on the Southerly easement line of said road; thence, along the centerline of
said Davis Ditch, S.11°36'58"E. 144.04 feet; thence S.08°01'52"W. 205.91 feet;
thence S.32°39'06"W. 98.77 feet; thence S.15°24'59"W. 28.35 feet; thence
S.08°02'32"E. 39.40 feet; thence S.22°54'30"E. 73.10 feet; thence S.10°58'33"E.
89.56 feet; thence S.77°27'41"E. 87.90 feet; thence N.24°36'52"E. 53.38 feet;
thence, leaving said centerline ditch, S.23°20'02"E. 13.01 feet; thence S.00°46'
49"E. 380.88 feet to a point on the South line of said Section 34; thence S.89°
13'11"W. along the South line of said Section 34, 923.50 feet to the point of
beginning, containing 24.11 acres, more or less.
SUBJECT to the Multa Trina Ditch and Davis Ditch, and any other such ditch easements
and/or right-of-ways as now constructed and in place, or of record. ALSO subject to
a 10 foot irrigation ditch (partly pipped underground) easement being 5 feet on each
side of the following described centerline:
Beginning at a concrete spliter box in the Multa Trina Ditch, whence the
Southwest Corner of said Section 34 bears: S.45°27'54"W. 537.72 feet;
thence along the centerline of said ditch, N23°27'52"W. 14.00 feet;
thence N.13°41'58"E. 12.74 feet; thence N.76°01'26"E. 76.12 feet; thence
N.89°30'20"E. 48.00 feet to the inlet of said pipe; thence N.54°53'41"E.
59.19 feet; thence N.19°18'17"E. 105.23 feet; thence N.00°08'57"E.
380.71 feet to the end of said pipe to a point on the bank of the Davis
Ditch; whence the Southwest Corner of said Section 34 bears: S.32°18'39"W.
1104.72 feet.
ALSO subject to a 20 foot water pipe line and utility easement being 10 feet on
each side of the following described centerline:
Beginning at a point whence the Southwest Corner of said Section 34 bears:
S.54°08'01"W. 746.82 feet; thence S.84°10'00"E. 192.66 feet to a point on
the Easterly boundary line of the above described parcel of land; ALSO from
said point of beginnine, thence N.84°10'00"W. 613.01 feet to a point on the
Westerly line of the above described parcel of land. ALSO from said point of
beginning, thence, also along the centerline of a 20 foot road access easement,
S.05°50'00"W. 13.44 feet; thence 62.54 feet along the arc of a curve to the
left, having a radius of 100.00 feet, the chord of which bears: S.12°05'00"E.
61.53 feet; thence S.30°00'00"E. 60.00 feet through a well and pump house
to a point 10 feet from said pump house.
parcel A-2
page 2
ALSO subject to a 20 foot road access easement providing acces to and from the above
described well and pump house being 10 feet on each side of the following described
centerline:
Beginning at the point of beginning of the above described water pipeline
easement; thence Southeasterly along said centerline as described above in
said waterline easement; ALSO from said point of beginning; N.01°12'00"E.
418.66 feet; thence 244.09 feet along the arc of a curve to the right, having
a radius of 210.408 feet, the chord of which bears: N.34°26'O0"E. 230.63 feet
to a point on the Southerly easement line of said John's Drive.
ALSO subject to a 10 foot utility and drainage easement along and parallel to the
above described parcel of land and along and parallel to the Southerly easement
line of said John's Drive.
ALSO subject to and together with a 60 foot Road and Utility easement named John's
Drive as shown and described on said Dry Hollow Parcel map, being 30 feet on each
side of its centerline, and providing acces to and from County Road No. 331.
May 15, 1984
SOLAR COUNTRY
Job #584-210-A
_
Q10,1a P 4„,cni fit r y
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PARCEL A-3:
A parcel of land situated in the SW4SW4 of Section 34, Township 6 South,
Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado,
being part of Parcel "A" of the Rifle Land and Cattle "Dry Hollow Parcels
A-0" as mapped and filed for record in the Garfield County, Colorado records
under Reception No. 343119, lying Southerly of the Centerline of John's
Drive as shown and described on said Dry Hollow Parcel map and bounded by
the Centerline of the Davis Ditch as now constructed and in use, said parcel
of land is more fully described as follows:
Beginning at the intersection point of the centerline of said John's Drive
with the East line of said SW4SW4; whence the Southwest Corner of said
Section 34, being a sandstone corner, bears: S.55°45'31"N. 1587.54 feet;
thence S.00°32'45"E. along the
point in the centerline of said
ditch N.63°32'47"W.
47.91
89.64
55.13
23.74
19.43
43.87
87.90
73.10
S.89° 17'48"W.
S.49°36'41"W.
S.34°02'51"W.
S.02° 15' 59"E.
S.49° 16'54"W.
S.210 54'45"W.
N.77° 27'41"W.
N.22°54'30"W.
9.13 feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
N.15°24'59"E. 28.33 feet;
N.08°09'52"E. 205.91 feet;
feet
East line of said SW4SW4, 79.00 feet to a
Davis Ditch; thence along said centerline
thence N.83°16'51"W. 31.32 feet; thence
S.71°55'12"W. 40.29 feet; thence
71.72 feet; thence
50.01 feet; thence
109.58 feet; thence
45.46 feet; thence
53.38
89.56
39.40
98.77
along
to a point on the Southerly easement line of said
N.11°50'08"E. 30.00 feet to a point in the centerline
thence
thence S.56°08'34"W.
thence S.52°25'32"W.
thence S.16°32'47"W.
thence S.13°54'11"W.
thence S.24°36'52"W.
thence N.10°58'33"W.
thence N.08°02'32"W.
thence N.32°39'06E.
thence
N.11°36'58W.
feet;
feet;
feet;
feet;
thence
thence
thence
thence
said Davis
Ditch
144.04
John's Drive; thence
of said John's Drive;
thence along the centerline of said John's Drive, S.78°09'52"E. 310.80
feet; thence 147.78 feet along the arc of a curve to the right, having a
radius of 251.414 feet, the chord of which bears: S.66°07'01"E. 147.78
feet; thence S.54°04'10"E. 65.81 feet to the point of beginning, containing
4.14 acres, more or less.
SUBJECT to a 10 foot utility easement along and parallel to the Southerly
easement line of said John's Drive, and a 10 foot drainage easement on
each side of the existing drainage courses as now in place. ALSO subject to
a 20 foot Irrigation Ditch easement along and parallel to the centerline
of said Davis Ditch as described above; and any other easements or right-of-
ways of record, if any.
SUBJECT to and TOGETHER with a 60 foot road and utility easement named John's
Drive as shown and described on said Rifle Land and Cattle, "Dry Hollow Parcels
A-0" map, being 30 feet on each side of the Worth line of the above described
of land and its centerline providing access to and from County Road No. 331.
TOGETHER with a 20 foot water pipe line and utility easement being 10 feet
on each side of the following described centerlines:
Beginning at a point whence the Southwest Corner of said Section 34
bears: S.54°08'01"W. 746.82 feet; thence S.84°10'00"E. 192.66 feet
to a point on the Westerly line of the above described parcel of land;
ALSO from said point of beginning, and also being a 20 foot road
accesses easement, S.05°50'00"W. 13.44 feet; thence 62.54 feet along
the arc of a curve to the left, having a radius of 100.00 feet, the
chord of which bears: S.12°05'00"E. 61.53 feet; thence 5.30°00'00"E.
60.00 feet through a well and pumphouse to a point approximately
10 feet from said pumphouse.
ALSO TOGETHER with a 20 foot access road easement providing access to and
from the above described well and pump house, being 10 feet on each side
of the following described centerline:
Beginning at the point of beginning of the above described water
pipeline easement; thence Southeasterly as described in the above
water pipeline easement for said access road; also from said point of
beginning; N.01°12'00"E. 418.66 feet; thence 244.09 feat along the
arc of a curve to the right having a radius of 210,408 feet, the chord
of which bears: N.34°26'00"E. 230.63 feet to a point on the Southerly
easement line of said John's Drive.
SOLAR COUNTRY
May 30, 1984
T`R
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1 4 ' 1
"
•
•
FOF co'
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 81CW108
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF rpONALD E. )
CARTER AND ANN I. CATER )
IN THE COLORADO RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: DRY HOLLOW )
CREEK, IN GARFIELD COUNTY )
FILED IN DISTRICT COURT
WATER DIVISION 5, COLORADO
OCT 2 G 1981
MARIE TALAMAS, CLERK
RULING OF REFEREE
The above entitled application was filed on April 30, 1981,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 14th day, of May, 1981, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as The Water Right
Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the
following determination and ruling as the Referee in this matter,
to -wit:
1. The statements in the application are true.
2. The name of the structure is Carter Well.
3. The names of the claimants and address: Donald E. Carter
and Ann 1. Carter; 5175 County Road 331; Silt, Colorado.
4. The source of the water is a well having a depth of 90
feet, and being tributary to Dry Hollow Creek, tributary to the
Colorado River.
5. The well is located in the SW4SW1/4 of Section 34, T. 6 S.,
R. 92 W. of the 6th P.M. at a point 324 feet North of the Souifth
line and 670 feet East of the West line of said Section 34.
1980.
6. The use of the water is domestic.
7. The date of initiation of appropriation is February 15,
81CW108
8. The amount of water claimed is 0.033 cubic foot of water
per second of time, absolute.
9. On March 3, 1980, Permit No. 113043 was issued by the
Office of the State Engineer, subject to the following "conditions
of approval":
This well shall be used in such a way as to cause no
material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur
to another vested water right or preclude another owner of a
vested water right from seeking relief in a civil court action.
Approved prusuant to CRS 1973, 37-92-602(3)(b)(II) as the
only well on a tract of 35 acres or more designated as 37 acres
in SW14SW1/4, Sec. 34, T. 6 S., R. 92 W., 6th P.M.
Approved for domestic use, including the irrigation of
not over one acre of home gardens and lawns.
10. The well was completed and the water first diverted and
applied to beneficial use•on May 1, 1980.
The Referee does therefore conclude that the above entitled
application should be granted and that 0.033 cubic foot of water
per second of time is hereby awarded to Carter Well for domestic use,
with appropriation date of the 15th day of February, 1980, absolutely
and unconditionally; subject, however, to the "conditions of
approval" of the Permit as set forth in paragraph 9 above.
The above, described underground water right meets the criteria
for an exempt domestic well pursuant to C,R;S, 1973, 37-92-602(1)(b),
so long as it is used for the purposes set forth herein, and by
statute.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant .to Section 37-92-304 C.R.S. 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this
2G C^ da y of (2C e-pef 1981.
BY THE REFEREE:
No protset was filed In this matter
The foregoing ruling Is confirmed
and approved, and Is made the
Judgment Decee of this court.
Dated* kv-e-f. ,,Z�-
� r
V.TEr- .WnG1-.
er Referee
ater Division No. 5
State of Colorado
• •
CERTICIATE OF ATTORNEY LICENSED
TO PRACTICE LAW IN THE STATE OF COLORADO
DAVID GOLUBA, Attorney at Law, duly licensed by the
State of Colorado, hereby certifies as follows:
1. That a search of the records of the Clerk and
Recorder's office of Garfield County, Colorado and the
records of the Assessor of Garfield County, Colorado,
indicate that record title to the property described in
Exhibit "A" (hereinafter referred to as the "subject prop-
erty") is held in the names of Donald E. Carter and Ann I.
Carter.
2. The subject property is encumbered by a Deed of
Trust dated February 8, 1980 from Donald E. Carter and Ann I.
Carter to the Public Trustee of Garfield County, Colorado for
the benefit of Rifle Land & Cattle, a partnership.
3. The subject property is not encumbered by any mort-
gage, deed of trust, judgments or other liens except for the
Deed of Trust previously mentioned.
4. An undivided one-half interest in and to all oil,
gas and other minerals and mineral rights on and under the
subject property, is held by R. E. Boulton & Sons, Inc. and
the remaining one-half of said oil, gas and mineral rights
are owned by Donald E. Carter and Ann I. Carter.
5. The subject property is affected by an agreement for
the benefit of Owen E. Boulton, John R. Boulton, John R.
Boulton, Jr. and Robert Owen Boulton, granting each of said
individuals the right to hunt game animals on the property
during their lifetimes.
6. The subject property is subject to a sixty (60) foot
wide roadway easement (thirty (30) feet of which lies on the
• •
subject property) as more particularly described in Exhibit
"A" attached hereto.
7. The subject property is further encumbered by the
following rights-of-way and easements:
(a) Fifteen (15) foot ditch easement lying North-
westerly and adjacent to the centerline of Davis
Ditch.
(b) Forty (40) foot ditch easement lying twenty (20)
feet on each side of the centerline of the Multa
Trina Ditch.
(c) Utility easements or rights-of-way as constructed
and in place.
(d) Ten (10) foot ditch easement being five (5) feet on
each side of the centerlines of other irrigation
ditches situate on the property.
(e) Potential pipeline easement in favor of Rifle Land
& Cattle. Said easement right shall expire on
February 8, 1985, if the pipeline is not installed
by that date.
8. The subject property is affected by a Special Use
Permit, permitting the placement of a mobile home on the
property as more fully set forth in Resolution No. 80-48.
Dated this 9x day of A.D.,TAvuur y , 19844
GOL BA & GOLUBA
By: "G,rz-cam ��w�-�✓
asTid Goluba
Registration No. 9749
Attorney for Donald E. Carter
and Ann I. Carter, Petitioners
P.O. Box 931
Glenwood Springs, CO 81602
Telephone: (303) 945-9141
Reception Nu. .
'I ms D1•:F:!), blade this 8th
day of February
1`•80 >et.vicen
RIFLE L.P..ND & -CATTLE,
a Partnership
of the County of Box Elder
Utah
of the first part, and
DONALD E. CARTER and ANN I. CARTER,
and State of
_. ___ Recorder.
FILING ST.\1P
Joint Tenants
tehoselegad addressis 0554 State highway 82, Carbondale, CO 81623
of the County of Garfield and State of Colorado, of the second part:
\\'!TNE.Sl;T11. That the said party of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey- and confirm, unto the said party of the second part, his heirs and assigns forever, all the following
described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
DOLLARS,
Legal Description attached as Exhibit "A"
Aso known as street and number
vacant land
TOGETHER tvitli all and singular the hereditaments and appurtenances thereto o ing, or in anywise apper-
taining-. and the reversion and reversions, remainder and remainders, rents, issues ane ofits thereof; and all the
estate, right. title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances.
'I'11 II:\WE :\NI) TO iHO1.1) the said premises above bargained and described, with the appurtenances, unto the said
party of the second part. his heirs and assigns forever. And the said party of the first part, for himself, his heirs.
executor,, and administrators. docs eovenaht, grant, bargain, and agree to and with the said party of the second part,
his heirs and assigns. that at the time of the enscaling and delivery of theca presents, he is well seized of the premises
:Ibnvr conveyed. as of good, sure, perfect. absolute and indefeasible estate of inheritance,..in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain. sell and convey the sante in manner and forth as
:aforesaid. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and cncumbranc•es of .Vhatever kind or nature soever., except liens for any
and all unpaid taxes and assessments; covenants, conditions,
and restrictions of record, easements and rights—of—way for
utilities, roads, waterways and ditches, and the effect of
•inclusion in any special districts including water, ditch,
road, or other districts; oil, gas, mineral and patent
(continued on reverse side)
and the aboved bargained premises in the quiet and p:oaceable possession of the said party of the second part, his
heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, I i
the said party of the first part shall and .vile WARRANT AND FOREVER DEFEND. The singular number shall
include the plural. the plural the singular, and the use of any gender shall be applicable to all genders.
1N WITNESS %VHF:itEOF', the said party of the firs:. part has hereunto set his hand and seal the day and year first
;ahove written. RILE LAND &A TLE, a Partnership
'✓LI"
Vern H. Petersen
STATE OF COLORADO
countyof Garfield
} Sti.
TI„• foregoing instrument was acknowledged before me this
c-/
(SEAL.!
— — — ---- (SEAT,'
clay of
1,,30 1,,. Vern. E. Petersen, Partner of Rifle Land & Cattle,
. , ?ar tnership.
yl}- commission expires //:41,Are
February
, 19 . Witness my hand and official seal.
N.1,1 rnr,l,c:
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rights previously reserved and mineral leases of record;
license granted to Owen E. Boulton, John R. Boulton, John R.
Boulton, Jr. and Robert Owen Boulton for and during the
natural lifetime of each to hunt game animals, said license
recorded in Book 392 at Page 128; and except Mortgage Deed
from Rifle Land & Cattle, securing Travelers Insurance Co.
recorded June 6, 1975 in Book 475 at Page 43.
•
Exhibit "A"
Rifle Land & Cattl: - Donald E. & Ann I. Carter
-hr: land referred to in thi:. (:'Onrlitmcnt is described as follows:
pa: -cel of land situated in the S1 SES, of Section 33, and the SW),St•:
f Suction 34, all in Township 6 South, Range 92 West of the Sixth
''rincipal ;Meridian, Garfield County, Colorado, iyinc; Northerly and
:t:sterl» of a 11.992 acre parcel and the Davis :Ditch, and Southerly
the Centerline of a Road t•::.1." having .a 60 1oot. t .as1'rlc'n , nai d Parcel
"A" _s more full')' desc:1bod follows:
L:cginni.ncJ at the Southeast Corner of said Section 3%;
::}1Lncc West 209.25 feet along the y ot ;
t.l� Southerly 1 ; 1 �.n�• said Sc.ctio�! 33 ,
hence E. 00°31'46" W. ;don(; a line parallel to the 1:.'l:;t_ l.i nu of said
Section 33, 1317.6 feet, more or less, to 3 point: on the Northerly
j j.nf' C)f said S1: aSE'a ;
'hence, .Mora said centerline 1•oad 'r:ay, Eu:;t alone the .'(.,rth rly line
f said S .jSL'a, 289.25 fcct. to the Northwc._..: Corner of said S)•:':SW11 •
•.-hence N. 89'15'53" E. 320.00 feet alr)ng ,he Northerly line of said.
.11C:ncc: .192.27 fret a1onj th,. arc of a curve to the righ, having a -
: adiun of 233.324 the chord of which !:.....-r . S. 71°17'54° E.
1 68. 60 feet;
+ hc';l::C: S. 51051 ' 42" E. 200.0.) i i` .
:_hence 196. 4 b 1 cct along '.hc arc of a curve a the left, having a
radius of 427.905 f-i:r•t, the chord 01' which hr:.l:',; : 65'00' 47" ..
:94.75 feet;
thence S.. 7E°U9'2" E. 310.81 tcct.•
r hence 147.78 fc+`•t along the n? -c of a curve to the right:, having a
radius of 351.414 feet, the ctl.)r-d of which beers: S. 66°07'01" E.
;46.70 feet;
'hence S. 54'04'10" I:. 65. tt 1 l tr't- Lo a point en the Easterly line of said
'.,'ll -rice the Southwest Corner ner of said Section 34 bcars :
S. 55°45'33" W. 1, ,S7. 54 feet;
thence leaving said centerline Road Way, S. 00'32'15" E. along the Easterly
line of said Sw'.iSY ;, 77.03 i ect. to a point in the centc'y of saic
Davis Titch:
thence along said centerline ditch, 63°32'47" W. 9.11 feet;
thence 4. 83°J 0' 5l" W. 31.32 feet;
thence S. 39°17'43" W. 47.91 l eeL;
t.hcn:c: S. 71'55'12" W. 40.29 tec't.;
thence S. 49°36'41" 89.04 t( ;
thence S. 56°08'34" t:. 71.72 1e'c,t;
thence S. 34 °02' 51 " W. 55.13 feet;
,
thence S. 52°25'32" W. 55.01 tee!;
thence S. 02°15'53" 1::. 23.74 feet;
thcncc E. 16'32'47" W. 109.5.01eet.;
thence 1,.. 49°16'54" W. 10.43 feet.;
thence 5. 13°:51'11." W. 45.46 fc•(.:t;
thencc S. 2:54' 4'.." W. 13.07 feet;
thcncc le;.vin ; said centerline ditch, S. 23'20'02" E. 13.01 feat;
thence S. 00°46'49" E. 380.00 feet. to a point. on the :.uth':•rly
line of said Section 34;
thence S. 89" 1 3' 1 1 " W. alone the Southerly line: of sa l J Section 34,
923.50 fee' t`? the Southwest Corner ')t ....Ill Section .3 4 , the point
of beginning. Containing 37.00 acres, more or less
•
Ehhibit "A" - Paye 2
SUBJECT TO: (1) a 15 foot dit•;'h easement lying Northwesterly and
adjacent to the centerline of. said Davis Ditch; (2) a 40 foot ditch
casement, being 20 feet on each side of the centerline of the Multa
Trina Ditch: (3) a 10 foot ditch easement, being 5 feet of each side.
of their centerlines of other irrigation ditches; .wd (4) utility
easements or ..right:; -of -ways, all as now Cci'):;tr eei.e.i and in place or
as of record.
ALSO Subject to and together with a 60 foot Road Way Laseent, beim;
30 feet on each side of its centerline as describcJ above and as
situated in the SE;SW; of said Section 34 as r:oro ' ul l.v described as
follows:
Beginning at: a point on the Westerly line of said S1.';St,''4; whence the
Southwest C.Jrner of said Section 34 bears: S. 55°45'33" W. 1,587.54
feet;
thence along said centerline, S. 54°04'l0" E. 459.55 feet;
thence 348.7n feet along. the arc of a. curve to the right, having a
radius of 461. 2,25 feet, the ,...hoed of which bears: S. 44°50'08" E.
148.06 feet;
thence S. 35"3610C" E. (11.28 feet to a pont en til' 1'�ester1y
riciht-o:- x line of Ccunl'' Road No. 331;
\•:hcn::e the South Quarter Corner.' of said Sect on Z. hears:
S. 62'56'15" E. 897.72 feet.
COUNTY 0F GAT .l E1.D
STATE OP COL01vIDO
STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the ourt,l ooze in Glenwood Springs on
Monday 14th
the day of
Apri I A. 1). 19 80 there were present:
Richard C. Jolley
ss.
Flaven J. Cerise
Arthur A. Abplanalp, Jr.
Nancy Sprick Page, Deputy
when the following proceedings, among others were had and donc, to -wit:
RESOLUTION NO. 80-48
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY
DONALD E. CARTER AND ANN I. CARTER
WHEREAS, the Board of County Commissioners of Garfield County has received
the application from Donald E. Carter and Ann I. Carter for a special use permit
for a mobile home as principal use of a lot on the following described tract of
land: The SW1/4SW4 of Section 34, T6S, R92W of the 6th P.M., also SE1/4SE3 of Sec-
tion 33, T6S, R92W of the 6th P.M.; and
WHEREAS, pursuant to required public notice the Board conducted a public
hearing on the 31st day of March, 1980, upon the question of whether the above
described special use permit should be granted or denied, at which hearing the
public and interested agencies and persons were given the opportunity to express
their opinions regarding the issuance of said special use permit; and
WHEREAS, the Board, on the basis of the evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. The proposed use is compatible with the uses existing and permitted in
the district in which it is to be located, provided that certain hereinafter con-
tained conditions be complied with.
2. That neither the impact on traffic volume and safety or on utilities,
or any other impact of the special use will be injurious to the established.
neighborhood or zone district in which the special use is proposed to be located.
NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of Garfield County,
Colorado, that a special use permit be and hereby is authorized permitted the use
of the above described tract of land for a mobile home as a principal use of the
lot, upon the following specific conditions:
1. That the use of the tract of land comply with all present and.future
regulations of Garfield County relating to the location and use of mobile homes
in the zone district in which the property is now or may later be located;
2. That, prior to the issuance of the authorized special use permit, the
above described tract of land shall be severed from any other tract of land upon
which there may exist a principal use, unless such other principal use has been
terminated at the time of the issuance of the special use permit.
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
,A„/ r f L.,' CADe ay Cle d fie oard
Upon motion duty made and seconded the foregoing Resolution was adopted by the following vote:
Richard C. Jolley Aye
Flaven J. Cerise Aye
STATE OF COLORADO
County of Garfield
I , County Clerk and ex -officio Clerk of the Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
this day of , A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners.
Aye
Commissioners
GOLUBA & GOLUBA
ATTORNEYS AT LAW
TAMARACK
1001 GRAND AVENUE
P.O. BOX 931
GLENWOOD SPRINGS, COLORADO 81602
(303) 945-9141
NICHOLAS W. GOLUBA, JR.
Wayne Harper
2162 County Road 250
Silt, CO 81652
Wayne Harper
2162 County Road 250
New Castle, CO 81647
Loretta Harper
2162 County Road 250
Silt, CO 81652
Loretta Harper
2162 County Road 250
New Castle, CO 81647
Greg Nibler
0503 Johns Drive
Silt, CO 81652
Ron Girton
5177 County Road
Silt, CO 81652
Alverta Girton
5177 County Road
Silt, CO 81652
February 10, 1984
DAVID A. GOLUBA
C. Wiles Hallock, Jr.
1333 Corte Madera
Walnut Creek, CA 94598
Marjorie Hallock
1333 Corte Madera
Walnut Creek, CA 94598
Lawrence Strohmeyer
0472 County Road 294
Rifle, CO 81650
Pamela Strohmeyer
0472 County Road 294
Rifle, CO 81650
James Clabaugh
5185 County Road 331
Silt, CO 81652
Crystal Clabaugh
331 5185 County Road 331
Silt, CO 81652
RIFLE LAND & CATTLE COMPANY
331 P.O. Box 2335
Ogden, UT 84404
RIFLE LAND & CATTLE COMPANY
P.O. Box 168
Brigham City, UT 84302
Re:
Donald and Ann Carter/Petition
For Sketch Plan Review and Exemption
From Full Subdivision Review
Ladies and Gentlemen:
This letter is to notify you that on the 21st day of
February, 1984, at the hour of 2:45 o'clock p.m., a hearing
will be held before the Board of County Commissioners of
• •
Wayne Harper, Loretta Harper, Greg Nibler, Ron Girton,
Alverta Girton, C. Wiles Hallock, Jr., Marjorie Hallock,
Lawrence Strohmeyer, Pamela Strohmeyer, James Clabaugh,
Crystal Clabaugh and Rifle Land & Cattle Company
February 10, 1984
Page Two
Garfield County, Colorado in the newly constructed addition
to the Garfield County Courthouse in Glenwood Springs,
Colorado, on Donald and Ann Carter's Petition For Sketch Plan
Review and Exemption From Full Subdivision Review.
Under this Petition, Mr. and Mrs. Carter seek to
subdivide a 37 acre tract of land into three (3) tracts of
approximately 8.8 acres, 4.0 acres and 24.2 acres, more or
less. The property sought to be divided is situate in the
SE1/4SE1/4 of Section 33, and the SW1/4SW1/4 of Secton 34,
Township 6 South, Range 92 West of the 6th P.M., in Garfield
County, Colorado. This property is also known by the address
of 5175 County Road 331, Silt, Colorado.
You have a right to appear, at the hearing before the
Board of County Commissioners, and present evidence or other-
wise state your opinion as to why the proposed subdivision
should be approved or denied. If you are unable to appear at
said time and place, you may voice your objection (or
approval) to the intended subdivision by forwarding a letter
to Cynthia Houban at the Garfield County Department of
Development, 2014 Blake Avenue, Glenwood Springs, Colorado
81601. Alternatively, you may wish to contact Cynthia Houban
by telephone at (303) 945-8212.
Enclosed with this letter is a duplicate copy of the
letter and a self addressed stamped envelope. I would
appreciate it if you would acknowledge your receipt of this
letter by signing the copy of the letter, in the appropriate
space provided, and return said signed copy to me in the
enclosed self addressed stamped envelope.
Should you have any questions with regard to the fore-
going, please advise.
Thank you for your attention to this matter.
Very truly yours,
DAVID GOLUI3A
DG/bg
encl.
•
•
Wayne Harper, Loretta Harper, Greg Nibler, Ron Girton,
Alverta Girton, C. Wiles Hallock, Jr., Marjorie Hallock,
Lawrence Strohmeyer, Pamela Strohmeyer, James Clabaugh,
Crystal Clabaugh and Rifle Land & Cattle Company
February 10, 1984
Page Three
I hereby acknowledge receipt of this letter on
February ( , 1984.
kf