HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to 1973 C.R.S. 30 -28 -101(10)(a) -(d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted
January 2, 1979, Sections 2.02.21(d) and 3.02.01, the Petitioner,
D.D. Castleberry, by and through his attorneys, Petre & Zimmerman
P.C., respectfully petitions the Board of County Commissioners of
Garfield County, Colorado to exempt by resolution the division of
a 139.67 acre tract of land into two tracts containing approximately
20.76 acres, more or less, and 118.91 acres, more or less, re-
spectively, from the definitions of "subdivision" and "subdivided
land" as the terms are used and defined in 1973 C.R.S. 30 -28-
101(10)(a) -(d). The tract to be divided is more particularly described
in Exhibit "A" which is attached hereto and incorporated by
reference herein, and the tracts created by such division are
more particularly described in Exhibits "B" and "C", which are
attached hereto and incorporated by reference herein.
The requested exemption should be granted for the following
reasons:
1. The 20.76 acre tract created by the proposed division
contains the residence of the Petitioner and surrounding
land necessary and convenient for use for small-scale
agricultural purposes. It is anticipated that this tract
will be sold to William E. Bullock and Janet Ann Bullock,
who will continue to use the tract for such purposes.
2. Physically, the 20.76 acre tract is cut off from the
remainder of the property by the Ware and Hinds Ditch.
As such, the proposed division is consonant with, and
largely dictated by, the physical features of the tract
to be divided.
3. The 20.76 acre tract is bounded on the east and
north sides by County Road 262.
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4. A well in use and in place for a number of years
has been and will continue to be the source of domestic
water for the 20.76 acre tract. Sewage disposal for the
residents on that tract has been, and will continue to
be, by means of a septic tank and leaching field.
5. No live stream crosses or adjoins the tract to be
divided.
In support of this Petition, Petitioner also submits as
Exhibit "D" attached hereto and incorporated by reference herein
a map drawn to scale showing the proposed tracts after division
and access, and a vicinity map attached hereto and incorporated
by reference herein as Exhibit "E".
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SUBMITTED at Glenwood Springs, Colorado this •( day of
September, 1979.
PETRE & ZIMMERMAN P.C.
B
Address of Petitioner:
0345 County Road 262
New Castle, CO 81647
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Georwe : Potre - #907
Attorneys fo Petitioner,
D.D. C. leberry
P.O. Drawer 400
Glenwood Springs, CO 81601
Telephone: 945-6521
EXHIBIT "A"
Beginning at a point on the Westerly line of said Section 6 as fenced (at its inter-
section with the centerline of the Ware and Hinds Ditch), whence the Northwest Corner
of said Section 6 bears N. 00°16'07" W. 2395.98 feet;
thence S. 57°13'19" E. 107.43 feet along the centerl ine. of. said ditch;
thence S. 82°41'11" E. 23.07'feet along the centerline of said ditch;
thence N. 82°03'35" E. 51.30 feet along the centerline of said ditch ;... .
thence S. 83°14'59" E. 46.99 feet along the centerline of said ditch;
thence S. 64°33'46" E. 34.42 feet along the centerline of said ditch;
thence S. 48°23'34" E. 91.06 feet along the centerline of said ditch;.
thence S. 39°39'12", E. 76.99 feet along the centerline of said ditch;...
thence S. 30°40'37" E. 64.44.feet along .the centerline of said ditch;.
thence S. 40°58'35" E. 59.43 feet along the centerline of said ditch;
thence S. 56°18'18" E. 38.34 feet along the centerline of said ditch;,_.
thence S. 72°19'32" E. 98.02 feet along the centerline of said ditch;.
thence N. 84°.03'48" E. 178.88 feet along the centerline of said ditch;
thence S. 85°15'29".E. 105.88 feet along the centerline of said ditch;
• thence N. 86°50'46".E..70.40 feet along the centerline of said ditch-,
thence N. 65°20'22" E. 106.51 feet along the centerline of said ditch;
thence N. 64°01'04" E. 147.51 feet along the centerline of said ditch;..
thence N. 81°50'53" E. 71.34 feet along.the centerline of said ditch;
thence S. 82°33'30" E:'77.56 feet along the centerline of said ditch;
thence S. 72°24'27" E. 105.42 feet along the centerline of said ditch;.
thence N. 07°14'07" E. 461.33 feet to a point in Southerly right of way fence of the
County Road;
thence S. 88°01'13" E. 548.55 feet along .said county road right of way fence;
thence S. 86°32'34" E. 265.09 feet along said county road right of way fence;
thence S. 68°53'42" E. 85.61 feet along said county road right of way fence;
thence' S. 28°45'57" E. 442.94 feet along said county road right of way fence;
thence S..00°27'29" E. 1897.38 feet along westerly county road right of way
fence to a point in the Northerly right of way fence of said U. S. Highway No. 6;
thence S. 77°21'29" W. 318.36 feet along said highway right of way fence;
thence 231.60 feet along said highway right of way fence along the arc of a curve
to. the right having a radius of 5770.00 feet;
thence S. 75°03'30" W. 391.30 feet along said highway right of way fence;
thence 228.40 feet along said highway right of 'way fence along the arc of a curve
to the left having a radius of 5690.00 feet;
thence S. 77°21'30" W. 1448.10 feet along_sai•d highway right of, way fence to a
point on the Westerly line of said Section 6 as fenced;
thence N. 00°22'29" W. 2745.38 feet alo ng.the Westerly lire of said Section 6
as fenced to its intersection with the centerline of .the Ware and Hinds Dich,.,
the point of beginning.
LAND SURVEYORS
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w LE%I CE50RIPT IC;i
z thel u of the NW 1/4 and ME 1/4 of
C7 cC A tract 0 i and situate in SE /�Panne `31 t�� S� }'F the 6th
LU a• , f Section 6, Township 6 South, Iran
� � the $'v1 1/4 C • rltl �l"iy described as follows:
__Principal }'�'_r i di an being more pard
O'point on thesoutherly right-of-way'1 fence of �l+ aunt,
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w z Beginning ata ,,t e said Section 6 bears N 33 3`> 1
wwhence the ;u. corner r Cii
z J road , t 11..::.,� ,_ fence the ., _
thence along said richt-afy fe ; re,--heFo1 following
� �' 2632.47 feet; _ �..:��... S 32', �" E 255.
z88" 01'~1 " E 548.55 feet; thence 8609
w feet;
courses:e t C 58°53' �,2I, E 85.611 feet; thence S 28° 45' 57"
fOP.C; thence .�vu -F feat the t line
feet.;. thence S 00° 27' 29'� E 428.54 �to
z 442.94 Ware
,, + Ditch; thence along said ditch center line
x of the ar:, r,i r,� :, t~h urses: S Q 15"W 138.49 deet thence S 76°
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▪ n thefollowing thence
{ c N '° 43' 10"W f 85.83 feet; t, , enc
56' 13" t.[ 'i! �% p V•t. 1. [I.��'rl Ui z feet; � 1 �+• feet; . � N 48° 48' 42" Id i i 1 . { 1 .I n:v (.;
e
Ci8 feet; thenc•_.
O S U7° 48' 14" W. 12��.U� -43" 14 .44
` ti y ? ce `i 44° 451 12" U 91.02 feet.; thence i4 57 02' rte^ 17' 175 4
L, t 5 ° 58; feet; thence
�h n ,Fr 3I1i W 65.75 }r tQ t r O r� i
__thence
18feet; thence i, 4 ° 16" U 169.04 feet; thences 57
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Z �' 182.27 feet; ;,��rtc�� I� 50'1 •lamfeet;�� 'sne ori a
a z 20" ,! thenceleaving ivinc said ditch center 1
3 r14'07"E 461.33 feet to the point of beginning
n w }l�' " j7�
O > course bearing ;�1
c�containing 20.76r,lore or e:.s.
EXHIBIT "B"
September 19, 1979
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323 BLAKE
EXHIBIT "C"
A tract of land situated in the E 1/2 S',' 1/ and SE 1/4 NU 1/4
Lotsane` 7 inSection i' sl South, Range 91 West
and 5, 6 6, Township 6
of the 6th Principal Meridian, lying Southe'r.j of the Ware and
Hinds Ditch, Westerly of the right-of-way fe°• ce of the county road
as constructed and in use, Easterly of the Westerly line. of said
Section 6 as fence , and Northerly of the ,log therly right-of-way
line of U. S. Highway No. 6 as fenced, said Tract being more completely
described as follows:
Beginning at a point on the Westerly line of said Section 6 as
fenced (at its intersection with the centeriThe of the Ware and
Hinds Ditch) , whence the Northwest Corner of said Section 6 bears
N 00° 16' 07" 'ri 2395.98 feet; thence along the center line of.
said ditch the .following courses: S 57° 13' 19" E 107.43 feet;
thence S 82° 41' 11" E 23.07 feet;
thence U 82° 03' 35" E 51.30 feet;
thence S 83° 14' 59" E 46.99 feet;
thence S 64° 33' 46" E 34.42 feet;
thence S 48' 23' 34" E 91.06 feet;
thence S 390 39' 12" E 76.99 feet;
thence S 30° 40' 37" E 64.44 feet;
thence S 40° 50' 35" E 59.43 feet;
thence S 56° 18' 18" E 38.34 feet;
thence S 72° 19' 32" E 98.02 feet;
thence N 34° 03' 48" E 178.88 feet;
thence S 85° 15' 29" E 105.88 feet;
thence N 86° 50' 46" E 70.40 feet;
thence N 65° 20' 22" E 106.51 feet;
thence N 64° 01' 04" E 147.51 feet;
thence N 81° 50' 53" E 71.34 feat;
thence S 82° 33' 30" E 77.56 feet;
thence S 72° 21' 27" E 105.42 feet;
thence S 57° 46' 20" E 31.13 feet;
thence S 410 50' 15" E 169.04 feet;
thence S 48° 17' 09" E 182.27 feet;
thence S 5'0° 53' 37" E 65.75 feet;
thence S 57° 02' 43" E 175.44 feet;
thence S 44° 4C' 12" E 91.02 feet;
thence S 48° 48' 42" E 111.11 feet;
thence N 87° 48' 14" E 120.88 feet;
thence S 87° 43' 10" E 185.83 feet;
thence N 76° 56' 13" E 134.52 feet;
thence N 51° 43' 16" E 138.49 feet to the Westerly right-of-way
fence of a county road;
thence S 00° 27' 29" E 1468.74 feet along ,,•,esterly county road
right-of-way fence to a point in the Norte r- y right-of-way fence
of said U. S. Highway No. 6; thence S 77° 21' 29' W 318.36 feet
along said highway right-of-way fence; thence 231.60 feet along
said highway right -of -,ray fence along, the arc of a curve to- they
right having a radius of 5770.00 feet;
thence S 75° 03' 30" W 391 .30 feet along said highway ghway ri ght-of-way
fence;
thence 228.40 feet along said highway right -c f -way fence along the
arc of a curve to the left having a radius of 5590.00 feet;
thence S 77° 21' 30" W 1448.10 feet along sad highway right-of-way
fence to a point on the Westerly line of said Section 6 as fenced;
thence N 00° 22' 29" W 2745.38 feet along the Westerly line of said
Section 6 as fenced to its intersection with the centerline of the
Ware and Hinds Ditch, the point of beginning.
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EXHIBIT "E"
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