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HomeMy WebLinkAbout1.0 Application1 110 BEFORE TILE BOARD OF COtltt'1'Y COMMISSIONERS 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_____-_____` AL _ A ?A -c. respectfully petitions the Board of County Commissioners of Garfield County, Colorado, Lo exempt by Resolution the division of 1771 acre tract of land into tracts of approximately /63.2/1,47.3Jacres 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: Tc, AU_ a (.3 /SlP Lt (— T1 -1E- c 2ccs-R__ 4.w o Q t ra r u i `rv-I: ) 1- i cL G2 � C F0 2 SUBMITTAI, 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 properly, 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 aL a minimum scale of 1"-20001 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 L),. 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 vE. 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 G. If connection to a community or municipal water or sewer system is proposed, a leLter from Lhe governing body staLiiig 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 Lhe parcel as it exists presently is one of not more than three parcels creat:ed from a larger parcel as it existed on January 1, 1973. J. A X00.00 fee must be submitted with the application. .ice► -s Petitioner r --- Mailing A City e ep rone 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 Lhe 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, Lhe Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a ►ninimum, 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 0:60 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 exen►ption that is split by a public right-of-way (State or Federal highway, CounLy 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, ar 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 tl►e 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 Lo 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 shalt 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 i.nco►np.lete, 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 Lime 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. • s • 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 aL 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 net forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. R.EPORT DATE 07/01/92 CADO WELL, APPLICATIONS,A ERMITS COLORADO DIVISION OF WATER RESOURCES PAGE 1 RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 9113741 / / / / / 000000 CD CD CD PERMIT NUMBER WD BAS MD NAME 5 23 21770 39 99 00 CASTLE WALT DIV CTY NUM SUF RPL ADDRESS CITY ST ZIP - EXT SILT CO 81652 0000 010 040 0160 SEC TWNSHP RANGE PM AQUIFER(S) OWNER DESGNEE SE NE 01 6 S 82 W S (1) (2) CASE NUM USES DRLR PUMP INST ----- COORDINATES ----- LOT BLK FLG 9 N/S E/W SUBDIVISION REPT -- WELL - COMP REPT -- PUMP -- COMP DATE / / / DATE COMMENTS ENGINEER NON TRIB NON TRIB APPROPRIATE ADJUDICATN FIRST USE AMENDED COMP DATE USE DATE --DATE-- --DATE- --DATE-- --DATE-- / / / / / / / / 10/09/64 / / ACRE -FT TOP/PERF/BOT YIELD DEPTH LEVEL ELEV PRINO METER 15.00 135 18 00000 LOG ID ACRE IR ------------------- 87 0.00 88 0.00 89 0'00 90 0.00 1 9/a er-rr. • Pc9. i9? 5-; es: c) • AidAr 4 4' 795" JLt 6, 5 11422 ; /L(&-) 42 f?d L >" 5 a- g -2. f". 3-xa 1 rtj ;1- fly 40 Le 5 L. • -•• 2▪ 179-011-00-496 150208 PARCEL NUMBER 12H—SF (015) I T.A.C. 6-92 Secs. is Lot 1 (44.53 Ac.) lying E. of the following line. Beg. 341.25' W. of the Si cor. of Sec. 33, 5-91; thence S.00°09'07" E. 1333.23'; thence S.82° 54'41" W. 69.04'; thence S.00°08'58" W. 1134.35' to the N. R.O.W. line of Co. Rd. 214; SENE (38.19 Ac.);WISE (75.84 Ac.) N. Of U.S. 6 & 24. EXCEPT a tr. in Sec. 1 cont. 82.412 Ac. as desc. in Bk 801 Pg 630. Pi vq 6-91 Sec. 6: Lot 3 (44.21 Ac.) Lot 4 (46.43 Ac.); Lot 5 (2.89 Ac.); 191' x 660'; SENW (9.20 Ac.) EXCEPT a tr. in Lot 3 & SENW cont. 7.63 Ac. as desc. in Bk 823 Pg 149. TOTAL: 171.25 Ac. • The forcgoing instrument was acknowledged before mc this 3rd day of June by WALTER E. CASTLE and ALICE A. CASTLE My commission cxpircs 052 5 C7, )l ,7 � 44`J, rQT,1Ry • k • 4/ 01 G FUeLI L>. . Witness my hand and official seal. ,1992 , ./ Notary Public Stewart Title of Glenwood Springs - Eile No, 4V919944 ' t - No. 921A 1VA tRANTY DEED (To Joint Tetuan OF C Q� �L► Sy�i i GRANTEE BOOK PAGE DATE KIND OF INSTRUMENT REMARKS Castle, Walter E. & Alice A. 458/128;393/510;357/591;359/463;362/5$32;205/4 • The forcgoing instrument was acknowledged before mc this 3rd day of June by WALTER E. CASTLE and ALICE A. CASTLE My commission cxpircs 052 5 C7, )l ,7 � 44`J, rQT,1Ry • k • 4/ 01 G FUeLI L>. . Witness my hand and official seal. ,1992 , ./ Notary Public Stewart Title of Glenwood Springs - Eile No, 4V919944 ' t - No. 921A 1VA tRANTY DEED (To Joint Tetuan OF C Q� �L► Sy�i i • 1 EXHIBIT "A" TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BuoK 833 PtGE387 SECTION 1: Lot 1 and SE1/4NE1/4 lying North of County Road No. 214. EXCEPT THAT part of the above described property lying Westerly of the following described line: Beginning at a point on the North line of said Lot 1 whence the South Quarter corner of Section 33, Tp. 5 S., R. 91 W., 6th P.M. bears E. 341.24 feet; thence S. 0 degrees 09'07" thence S. 82 degrees 54'41" thence S. 0 degrees 08'58" Northerly right of way line E. 1333.23 feet; W. 69.04 feet; W. 1134.35 feet to a point on the of the_County Road. TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M. SECTION 6: Lots 3 and 4 except that part conveyed out by Document 251949. That part of Lot 5 and the SE1/4NW1/4 described as follows: Parcel No. 1: Beginning at the Northwest Corner of said Lot 5; thence South along section line as fenced to the North right of way fence of the County road; thence Easterly along North right of way fence of the County Road, as fenced, 191 feet; thence North to the North line of said Lot 5; thence Westerly along North line of said Lot 5, as fenced, to the point of beginning. Parcel No. 2: Beginning at the Northwest Corner of property described in Book 340 at Page 537 of the records of Garfield County Colorado; thence Northwesterly to the Northwest Corner of the SE1/4NW1/4 of said Section 6; thence Easterly along the North line of the SE1/4NW1/4 to the intersection of the property described in Book 297 at Page 438 of the records of said County, as fenced; thence Southerly along said property to the County Road; thence Westerly along the North right of way of the County Road to the intersection of property described in Book 179 at Page 442 of the records of said County; thence along said property line to Point of Beginning. ALSO EXCEPTING from the above those portions conveyed to Maxine R. Dawson by Deeds recorded July 1, 1977 in Book 498 at Page 41 as Reception No. 279318 and recorded January 30, 1979 in Book 522 at Page 365 as Reception No. 291799. ALSO EXCEPTING that portion conveyed to Toni L. Whittington and Valton D. Whittington by Deed recorded February 6, 1992 in Book 823 at Page 152 as Reception No. 431442. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH BUT WITHOUT WARRANTY 22 shares of Roseman Ditch water rights. RESERVING UNTO GRANTORS an easement on the east end of property from BLM to Roseman Ditch and also on west end of property to Roseman Ditch to water cattle from BLM. Reception No. 4:315454 :F1`' It54 9R Recorded at //'L o'clock /� M., JUN ,3 Recorder. WARRANTY DEED TIIIS DEED, Made this 3rd day of June WALTER E. CASTLE AND ALICE A. CASTLE , 1992 , between of the said County of MESA and State of COLORADO , grantor, and DAVID W. MAVES AND MAXINE J. MAVES whose legal address is 1178 18-1/2 ROAD, FRUITA, CO 81521 of the said County of Mesa and State of Colorado , grantees: Boa 833 PMGE386 GAR/1E1D JUN 3 192 Stats Doc. Fee WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" as known by street and number as: 4073, 4243 AND 4261 ROAD 214, SILT, CO 81652 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the grantees, thcir heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has 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 same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soevcr, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1992, not yet due or payable The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this decd on the date set forth above. WALTER E. CASTLE State of COLORADO ) ss. County of GARFIELD ) ALICE A. CASTLE The foregoing instrument was acknowledged before me this 3rd day of June ,19 92 , by WALTER E. CASTLE and ALICE A. CASTLE My commission expires 0523. v% [ `�� tt F'1^\ ...\: �T ..,7,(:).** ✓ t� ' 017\ Fi, y k • PJ C . rj . Witness my hand and official seal. Notary Public Stewart Title of Glenwood Spring" - Flle No.'1/4'412919W' • .• ...0 No. 921A WARRANTY DEED (To Joint Tenunl.a ` • 1 IOW Forrr,E (Rev.) '10-63 Index No 7F IDWD - 31 Use �t Registered,/2--.3 /- UI/ (For State Engineer's Use) Driller Owner Street City STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION LOG AND HISTORY OF WELL PERMIT N Tenant Use of Water diz-u No. On or By Acres (description of site or land) , Date Started Date Completed t 5 Yield GPM or 19' 9;), 19i L CFS WELL DESCRIPTION: Depth to Water from © ft to 7 ft Total Depth /56. ---ft (measured from round surface) 6. ft , — in from ?A ft to %3..5—ft.,In. from ft to ft , in Hole Diameter TEST DATA: { How Tested Pump or Bailed Date Testerie-eZ 19.1 Length / hrs. Rate % GPM Drawn Down .CY12.E9- ft. PUMP DATA: Pump Typutlet Size , in Driven by a_. HP CASING RECORD: Plain Casing Size , Kind til from 0 ft to__;? ft Size S , Kin from_Va_ft to/.3ft. Size , Kind from Perforated Casing ® Size ,e� Kin rom 7 f ft to /3-g ft. Size / , Kind from ft to ft Size , Kind from ft to ft ft to ft WELL LOCATION ittL- • 1 -- DEC 31 19:3. Ste' County L1" of fl"& 1/4 of Sect / , ,p Rge 2 4/, 6 yPM West North South East ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION. LOCATE WELL ACCURATELY IN SMALL SQUARE REPRESENTING 40 ACRES. qr If the above is not applicable fill in: No. Street City or Town or Lot , Block Subdivision (include filing or number) TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green Copy must be filed with the State Engineer within 30 days after well is completed. White copy is for the Owner and Yellow copy for the Driller. SIGN BLUE COPY FOR WELL LOG USE REVERSE SIDE I i 1 1 1 1. i x, --sw,v.--------S'IV4- , , --- 1 South East ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION. LOCATE WELL ACCURATELY IN SMALL SQUARE REPRESENTING 40 ACRES. qr If the above is not applicable fill in: No. Street City or Town or Lot , Block Subdivision (include filing or number) TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green Copy must be filed with the State Engineer within 30 days after well is completed. White copy is for the Owner and Yellow copy for the Driller. SIGN BLUE COPY FOR WELL LOG USE REVERSE SIDE WELL LOG Ground Elevation (if known) • • How Drilled N-1 FROM FEET TO FEET TYPE OF MATERIAL REMARKS (such as Cementing, Packing, Shut off, etc.) Q 74, • (if mon space is required use' additional sheet) WELL DRILLERS- STATEMENT ' This well was drilled under my supervision and the above information is true and correct to the best of my knowledge and belief. - Sign Dated /1:::)R— o , 19_6ft, Form G Rev. *TATE 0 9-.52/1/0M APPLICATION FOR: A Applicant 1//-)-t% c!4 5 7/ •P. O. Address .S , 7 % enc'/,-; 4 J)/ Quantity applied for '/c gpm or AF Storage Used for The _,E-' 14/i�T/_-/Purposes on/at (legal description of land site) • • Total acreage irrigated and other rts. ESTIMATED DATA OF WELL Hole size: in. to/left. in. to ft. Casing Plain 7 in. from to /aft. in. from to ft. q or erf. in, from to ft. / DQE in. from to ft. Outlet DATA: Type (I/i/i14,64,-//1. iir' .Size Use initiation date ,OC,7';"Rh=,Q /ST9 G (Use Supplemental pages for additional data) rt."p THIS APPLICATION APPROVED PERMIT NO. 21770 ISSUED: DATE OCT 2 1964 19 NOTE — SATISFACTORY COMPLETION F COLORADO PERMIT TO USE GROUN WATER PERMIT TO CONSTRUCT A WELL 0 1.4a...' 4 A3 :c:• U�: 4 1966 &ROS.: WATER SECTS LOCAPON OF WELL /4 County G/r -/ % /7 STATE EN( '4FEit 7 of i/ F 4 of Sect. l , Twp., , Rge. :1 (4P M. OR Street Address or Lot & Block No. Town or Subdivision N 1 I I , 1 �7 0. Yv' /, I I 1 1 I E I Pi Ci. Locate well in 40 acre (small) square as near as possible. Large square is one section. S $25.00 fee required for uses other than Domestic or Livestock. Applicant 14/4/7 01 �4 S T/ /- Agent or /eA iy /� £/,4/44,2' To 7t /7M' STc.%!/Efl 4 n/No. %Y Driller � /e2--/1"/&1/2-77 Address n F/L , r ,� //. /'A i) - �/ REQUIRED FOR APPROVAL OF APPLICATION � E.X H I i'T Z SLOPE AZAg. 5 NU `\ I ��- I R•I I I I .;10 OR u i i ;�.. R O �' II r-•� '0 04 r) ill 11 _ ,....,---.7 /'r `_ �11 - -__- ..,0.. VER ft-- ,_„-----1'°"' ii- Clu 11 11 II 11 II II I, ES• • TER ;Sao II CP&rLE S 61)\visioN E•XEMpi-loN\ PArzgM r PAecE L AREA OF Mop -.-Tr S�.al E f-tAZAgb (t)EgR i c FM -15 •FALLS M I = Zoao sougf_,E.: L w L,�- DEvoE E- --rtsTi M ( LAT3op og .,i to 4' 957 Q m 2-HS-F) t 2-H(S-F).4I 2 179-01 1-00- 496 496 L PEACH VALLEY ACRES June 15, 1992 Walter and Alice Castle 2063 Corral DeTerra Grand Junction, CO 81503 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL RE: Possible Subdivision Violation Dear Mr. and Mrs. Castle: It has been brought to our attention by the Garfield County Assessor's Office that you may have illegally created a 7.31 acre tract. County subdivision regulations require that any new parcel created that is less than thirty-five (35) acres in size be approved by the Board of County Commissioners. To my knowledge, the 7.31 acre parcel was not created by any action of the Board of County Commissioners. Enclosed are documents provided by the Assessor's Office. Please contact our office, either myself or Mark Bean, to discuss this matter further. Sincerely, Andrew C. McGregor Planner ACM/rib Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601