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BEFORE THE BOARD OF COUNTY COMMIS-
SIONERS OF GARFIELD COUNTY, COLORADO
IN THE MATTER OF THE PETITION OF
THE TOWN OF CARBONDALE FOR AN EXEMP-
TION FROM THE SUBDIVISION REGULATIONS
OF GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. 1973, 30-28-101, as amended, and the
Subdivision Regulations of Garfield County, Colorado, the Town
of Carbondale, Colorado, the Town of Carbondale, Colorado, respec-
fully petitions the Board of County Commissioners of Garfield County,
Colorado, to exempt from the definitions of "subdivision" and "sub-
divided land" the purchase by the Town of Carbondale from Walter
Daugherty of a well site and access thereto and the option to pur-
chase a second well site with access. In support thereof, the
Petitioner states:
1. Carbondale proposes to purchase certain real property
for a site on which to install a municipal well. The
well site is to be purchased from Walter Daugherty, is
pictured in blue on the accompanying survey, and is leg-
ally described as follows:
A parcel of land situated in the SE4 of Section
3, Township 8 South, Range 88 West of the 6th
P.M., said parcel of land is described as follows:
Beginning at a point whence the Southeast Corner
of said Section 3 bears: S. 65°57'38" E. 1722.89
feet; thence S. 85°44'36" W. 30.00 feet; thence
N. 04°15'24" W. 30.00 feet; thence N. 85°44'36"
E. 30.00 feet; thence S. 04°15'24" E. 30.00 feet
to the point of beginning.
The above described parcel of land contains 0.02
acres, more or less, in Garfield County, Colorado.
2. Carbondale proposes to purchase an easement between
the above well site and Colorado State Highway No. 133,
more fully described as follows:
The following real property Situate in the SEk
of Section 3, Township 8 South, Range 88 West
of the 6th P.M. lying between the Westerly right-
of-way line of Colorado State Highway No. 133 and
the Easterly bank of the Crystal River, more part-
icularly described ---
Beginning at a point on the Westerly line of
said highway whence the Southeast Corner of
said Section 3 bears: S.56°40'26" E. 1760.94
feet; thence S. 69°42'36" W. 50.00 feet; thence
S. 20°17'24" E. 3.00 feet; thence S. 69°42'36"
W. 36.56 feet; thence S. 04°15'24" E. 235.02
feet; thence S. 85°44'36" W. 84.67 feet; thence
N. 04°15'24" W. 35.00 feet; thence S. 85°44'36"
W. 60.00 feet, more or less to a point on the
Easterly bank of said river; thence N. 04°15'24"
W. 15.00 feet along said river; thence N.
85°44'36" E. 119.67 feet; thence N. 04°15'24"
W. 203.84 feet; thence N. 69°42'36" E. 55.90
feet, thence S. 20°17'24" E. 3.00 feet; thence
N. 69°42'36" E. 50.00 feet, more or less to a
point on the Westerly right-of-way line of said
highway; thence S. 18°45'24" E. along said right-
of-way line, 19.00 feet to the point of beginning;
Except a parcel of land described as follows:
A parcel of land situated in the SE4 of Section 3,
Township 8 South, Range 88 West of the 6th P.M.
said parcel of land is described as follows:
Beginning at a point whence the Southeast Corner
of said Section 3 bears: S. 65°57'38" E.
1722.89 feet; thence S. 85°44'36" W. 30.00 feet;
thence N. 04°15'24" W. 30.00 feet; thence N.
85°44'36" E. 30.00 feet; thence S. 04°15'24" E.
30.00 feet to the point of beginning.
All of the above property is located in Garfield
County, Colorado.
3. In addition, Carbondale proposes to obtain an option to
purchase from Walter Daugherty a second municipal well
site with access thereto, which second well site is
located nearby the first well site. This real property
subject to option is designated in two parcels, Parcel
No. 1 and Parcel No. 2. Parcel No. 1 is depicted in
brown on the accompanying survey attached hereto. From
this parcel, Carbondale proposes to select a well site
to be deeded to it in fee simple absolute, and the
remaining portion of Parcel No. 1 will be used primarily
for a sub -surface easement.
In order to preserve an existing meadow, Carbondale
proposes to obtain an option to Parcel No. 2, for
the purpose of obtaining access for ingress and egress
between Colorado State Highway No. 133 and the second
well site designated in Parcel No. 1. This second
easement does not traverse the existing meadow. This
second easement designated as Parcel No. 2 is described
as follows:
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Parcel No. 2:
An easement over along, under and through a
parcel of land being 15 feet in width to be
used as a road easement situated in the SES of
Section 3, Township 8 South, Range 88 West of
the 6th P.M., Garfield County, Colorado, from
the Westerly line of a previously described
easement to and through a second previously
described easement and to the Easterly line of
same, said parcel of land is described as follows:
Beginning at a point on the Westerly line and at
an angle point in a previously described easement
whence the Southeast Corner of said Section 3
bears: S. 64°24'49" E. 1732.62 feet; thence No.
22°14'32" W. 248.49 feet to a point on the South-
erly line of said second previously described
easement; thence running through said second
previously described easement, N. 28°51'47" W.
24.77 feet to a point on the Northerly line of
said second previously described easement; thence
N. 30°30'46" W. 81.28 feet to a point; thence West
56.42 feet to a point on the Easterly line of said
second previously described easement; thence with
the same, North 15.00 feet to a point; thence
East 65.00 feet to a point; thence S. 30°30'46"
E. 110.79 feet to a point on the Northerly line
of said second previously described easement; thence
running through said second previously described
easement, S. 22°14'32" E. 21.64 feet to a point
on the Southerly line of said second previously
described easement; thence S. 22°14'32" E. 186.68
feet to a point on said Westerly line of the pre-
viously described easement; thence with same,
S. 04°15'24" E. 48.59 feet to the point of beginning.
4. Daugherty proposes to retain his existing ownership
of real property contiguous to that which is described
above.
5. Carbondale has expended considerable money and time
to obtain engineering studies of municipal water needs.
As a result of those studies, it appears that the most
suitable present well sites are those on the real pro-
perty described above. At present, Carbondale has a
pressing need to improve and enlarge its municipal
waterworks, and according to engineering studies,
the proposed wells offer the most economical and
feasible solution. The proposal to install and oper-
ate the wells coordinates with requests for and prelim-
inary indications of the award of federal assistance
in order to complete the water improvement project.
6. In the installation and operation of the wells, all
reasonable efforts will be made to maintain the exis-
ting character of the real property involved, insofar
as is possible with the installation and operation of
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J
ATTEST:
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the wells.
7. The proposed development of the well sites by Carbon-
dale will not create any problems with streets, drain-
age, water supply, fire protection, sanitary sewage
disposal, setbacks and easements, lot and lot design,
planned unit development, open spaces, or monumentation.
8. Accordingly, the real property proposed to be purchased
or made subject to option will be adequately served by
existing streets and roads and presents no problems
related to the intensive use of land or the provision
of utilities and services, and is not part of an exis-
ting or potential larger land development project.
9. Therefore, the Board of County Commissioners should
pass a resolution exempting the proposed sale of the
above real property and grant an option to the above
real property from all further regulations under the
Subdivision Regulations of Garfield County and from
the definitions of the terms "subdivision" and "sub-
divided land" as defined in C.R.S. 1973, 30-28-101.
Respectfully submitted this day of January, 1976.
TOWN OF.CARBONDALE:
elfin Fleet, Mayo
Phyllis Needham, Town Clerk
Amp
e=r rave
Attorney for the e itioner
P. 0. Box 1105
Glenwood Springs, Colorado 81601
Phone: 945-8571
-4-
NEIL S. MINCER
JAMES M. LARSON
• •
LAW OFFICES
MINCER, LARSON AND HARTERT
890 PITKIN AVENUE
P. O. BOX 850
GLENWOOD SPRINGS, COLORADO 85601
TELEPHONE: (303) 945-5448
January 19, 1976
Board of County Commissioners
Garfield County Colorado
P.O. Box 640
Glenwood Springs, CO 81601
Gentlemen:
GERALD D. HARTERT
LAWRENCE M. MINCER
Our office represents Mr. Walter Daugherty in connection with the
proposed sale of certain properties owned by him to the Town of Carbondale.
Mr. Daugherty and the Town of Carbondale have entered into a written agreement
effective November 17, 1975, which agreement was approved by the Board
of Trustees of the Town of Carbondale, Colorado, by ordinance in December
of 1975. The agreement provides for the sale by Daugherty to Carbondale,
two small tracts of land to be used for water well drilling purposes, together
with easements from Colorado State Highway No. 133 to these tracts. The
agreement provides for the application by Carbondale to the Garfield County
Commissioners to obtain a resolution exempting the transaction from the
definition of the term "subdivision and subdivided land", as defined in the
Garfield County Subdivision Regulations. As the owner of the property,
Daugherty has no objection to this application which is being made pursuant
to this agreement.
LMM/bw
Yours very truly,
MINCER, LARSON AND HARTERT
4wituA40 )14 .14-viAbv
2014 BLAKE AVENUE
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO B1601
January 16, 1976
Board of County Conuuissioners
Garfield County Courthouse
Glenwood Springs, Colorado 81601
Re: Town of Carbondale
Senate Bill 35 Exemption Request
Gentlemen:
PHONE 945-8212
I have reviewed the above request for exemption from the Senate
Bill 35 subdivision procedures.
As you remember, the matter of well sites was discussed last
month when considering the request for exemption from Mr. Walter
Daugherty. While the exemption was eventually granted to Mr.
Daugherty, I feel the County can consider a second request for
exemption on Mr. Daugherty's land. This does not represent a second
exemption in so far as any type of residential, commercial or
industrial development is concerned.
The facts presented in the Petition for exemption agree with
my idea of the situation at that time. I recommend approval of the
request for exemption.
Sincerely,
Waif. R440„4,
RAW/kay Robert A. Witkowski
Director
January 16, 1976
Board of County Commissioners
Garfield County Courthouse
Glenwood Springs, Colorado 81601
Re: Town of Carbondale
Senate Bill 35 Exemption Request
Gentlemen:
I have reviewed the above request for exemption from the Senate
Bill 35 subdivision pvocedures.
As you remember, the matter of well sites was discussed last
month when considering the request for exemption from Mr. Walter
Daugherty. While the exemption was eventually granted to Mr.
Daugherty, I feel the County can consider a second request for
exemption on Mr. Daugherty`s land. This does not represent a second
exemption in so far as any type of residential, commercial or
industrial development is concerned.
The facts presented in the Petition for exemption agree with
my idea of the situation at that time. I recommend approval of the
recruest for exemption.
Sincerely,
RAW/kay Robert A. Witkowski
Director