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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the undersigned CARMACK DRILLING COMPANY and WILLIAM B. MCDOWELL respectfully petitioners the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 4.168 acre tract of land into 3 tracts of approximately 3.93, .150, & .088 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) See enclosed plat from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: To provide realignment of existing county road 296 to State Highway 13 for fntnrp use by school and related subdivisions In support of this petition, the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access (b) Copy of deed (c) Vicinity map (d) State on source of domestic water (e) Statement on method of sewage disposal (f) 100 year floodplain information where live stream crosses or adjoins said tract (g) Fee in the amount of $ 50.00 (h) Evidence of the soil types Submitted at Glenwood Springs, Colorado, this 7th day of July , 19 8Q Petitioner Robert Carma Willi. B. McDowell P.O. Box 708, Rifle, CO 81650 625-1681, or 625-1720 Telephone Number .r • • AGREEMENT Parties The parties to this agreement are William B. McDowell, hereinafter referred to as "McDowell", and Robert J. Carmack, hereinafter referred to as "Carmack". Ownership of Parcels 1. Those parcels more particularly described as Parcel A and Parcel B on Exhibit hereto attached are owned in fee by McDowell. 2. That parcel more particularly described as Parcel C on Exhibit hereto attached is presently a portion of Garfield County Road 296. 3. That parcel more particularly described as Parcel D on Exhibit hereto attached is owned in fee by McDowell, subject to the claim of Carmack to approximately the east 20 feet thereof. 4. That parcel more particularly described as Parcel E on Exhibit hereto attached is owned in fee by Carmack. Objectives The parties wish to accomplish the following objectives: 1. That McDowall convey Parcel A in fee to Carmack, free of liens or encumbrances other ;than ditch and utility easements, for future dedication to the City of Rifle, the County of Garfield, A or the State of Colorado, for street or highway right of way uses. 2. That McDowell convey Parcel B to Carmack, free of liens or encumbrances other than ditch and utility easements, for his future use for development in conjunction with other lands belonging to Carmack, adjoining said Parcel B to the east. 3. That until such time a street or highway is dedicated to the public and improved over and across Parcel B, McDowell retain an unlimited and nonexclusive right of ingress and egress appurtenant to Parcel D, over and across all of Parcels A and B. • • 4. That upon dedication of Parcel B to the public, Parcel C be vacated by the public and vest in the owner of Parcel D. 5. That Carmack convey Parcel D to McDowell, free of liens or encumbrances other than ditch and utility easements, from any persons claiming under him. 6. That Carmack relinquish to McDowell any interest in any easement for an irrigation ditch as the same is in place and in use over and across a portion of the easterly twenty feet of Parcel D, upon McDowell commencing development of any new improvements on Parcel D, or upon the owner of Parcel E or the owner of lands adjoining it immediately to the south, awarding a contract for development of public improvements on such Parcel E, or the land adjoining it immediately to the south. 7. That the owner of Parcel D pay to Carmack the reasonable costs for the southerly one-half of the street or road improvements to Parcel B, not to exceed one-half the total cost to Carmack of the total street or road improvements to Parcel B. Covenants The parties therefore mutually covenant and agree as follows: 1. Each party shall obtain partial releases of any encumbrance on his lands necessary to convey title in conformity with the foregoing objectives on or before July 15, 1980. 2. The parties agree to jointly apply forthwith to the Board of County Commissioners in Garfield County for an exemption of the contemplated conveyances of Parcels A, B and D from the Garfield County Subdivision Regulations and to share equally the costs and fees incurred in obtaining the same. 3. Within twenty days following the granting of such exemption, a closing shall be held at a time and place in Garfield County, Colorado mutually acceptable to the parties. -2- • • 4. At closing: A. McDowell shall convey Parcels A and B to Carmack, free of liens and encumbrances other than ditch and utility easements, reserving to McDowell an unlimited and non- exclusive right of ingress and egress appurtenant to Parcel D over and across all of said Parcels, until such time as a street or highway is dedicated to the public and improved over and across Parcel B, providing access to Parcel D along the northerly boundary thereof. B. Carmack shall convey Parcel D to McDowell, free and clear of liens and encumbrances of any persons claiming under Carmack, reserving to Carmack an easement for an irrigation ditch as the same is in place and in use over and across a portion of the easterly twenty feet of said Parcel D, until such time as McDowell commences development of new improvements on Parcel D, or until such time as the owner of Parcel E or the owner of lands adjoining it immediately to the south awards a contract for development of public improvements on such Parcel E, or the lands adjoining it immediately to the south, whichever be earlier in time. 5. The following covenants shall survive closing and not merge in any conveyance given at closing: A. That upon dedication of Parcel B as a street or road right of way to the public, Carmack shall endeavor to obtain from Garfield Coupty and the, State Department of Highways, the vacation of Parcel C and vesting the title thereof in the then owner of Parcel D. B. That in the event ,Carmack incurs any costs for the construction of the southerly one-half of the street or road improvements over and across Parcel B, upon completion thereof, the owner of Parcel D shall reimburse Carmack the reasonable costs of the southerly one-half of such street or road -3- • • improvements over and across Parcel B not to exceed one-half the total cost to Carmack of the total street or road improvements to Parcel B. Conditions 1. It is a condition of this agreement that the parties obtain a resolution from the Garfield County Commissioners exempting the contemplated conveyances of Parcels A, B and D from the County Subdivision Regulations on or before August 1, 1980. In the event this condition is not fulfilled, this agreement shall be null and void and each party released from any obligations hereunder, provided each of the parties have made a reasonable and good faith attempt to obtain such resolution of exemption. IN WITNESS WHEREOF, the parties hereto have executed this agreement the 16th day of are STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. , 1980. 17-4./14 a;;.,, /2 f1% (A.,...Gu Wil 13. ' B. Mrz'Dowell Robert Carmack This agreement was acknowledged to before me this /3* NIay:.:of . , 1980 by William B. McDowell. \__L. :, CNy commission expires ti- 30 -So. • STATE OF COLORADO ss. COUNTY OF GARFIELD 1.‘)Gk.( K•al Notary Public This agreement was acknowledged to before me this day of &Z,z__. , 1980 by Robert J. Carmack. My commission expires: e-/3- 4v3 -4- Notary ublic • • `' .. /2 NOV 2 1 1979 ' K©carded uL 0100k- .172-- �xt4of Iia. 299' `' `y Mildred Alb►orf., Recorder STATE OF COLORADO ) COUNTY OF GARFIELD ) • BO 539 PAGESSC) KNOW ALL MEN BY THESE PRESENTS: Warranty Deed made on November 1, 1979 NOV 2 1 1979 R�� 1TFPI�F,71 1M! �T��,Y THAT WE, namely JUANITA A. CARMACK, for herself individually and in her capacity as an original and present co -trustee of that certain trust agreement dated April 6, 1977, between Harold C. Carmack, and wife, Juanita A Carmack, as grantors and the same persons as grantees and co -trustees and as Independent Executor with power of sale and without bond under the Will of Harold C. Carmack, Deceased, admitted to probate in the County Court of Jack County, Texas, and as Trustee with power of sale and without bond under the said Will of Harold C. Carmack, Deceased, and JACQULYNN CARMACK GEISTER for herself individually and as a present co -trustee of the trust first referred to, and ROBERT J. CARMACK, for himself individually and as a present co -trustee of the trust previously referred to, for the consideration of Ten and More Dollars ($10.00) to us in hand, do hereby covenant, grant, bargain, sell and convey to Carmack Drilling Company, a Colorado Corporation, whose address is 592 25 Road, Grand Junction, Colorado 81501, the real property located in Garfield County, Colorado, as fully described on Exhibit A. attached hereto and incorporated herein by reference thereto in the quiet and peaceable possession of said grantee against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through or under us to warrant and forever defend. The above property is conveyed subject to all easements, reservations and exceptions now appearing of record in the office of the Recorder of Garfield County, Colorado. • • BOOK 539 nr;ESS7 TO HAVE AND TO HOLD the said premises together with the appurtenances thereto unto the said Carmack Drilling Company and its assigns forever. IN WITNESS WHEREOF, we have set our hand and seal on the date first written above. J;anita �. Carmack, for herself dividually, as, an original and present co -trustee and as Independent Executor Robe indivi co-tru Carmack, for himself ally and as present tee acqynn✓Carmack Geister, for herself individually and as a present co -trustee STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was duly acknowledged to before me this /qday of November, 1979 by Witness my hand and official seal. My commission expires: / 2 -/ 3 -SiD Notary Public • • buun o3 nGES SS PARCEL 1 - A parcel located within Lots 3 & 4 of Sec. 3, T6S, R93W.of the 6th P.M., Garfield County, Colorado and being more particularly . described as follows: • Beginning at a point on the South line of said Lot 4, from whence the SW corner of said Lot 4 bears N89°53'28"W 132.23 ft; Thence NO2°24'42"W S2.92 ft. to the South line with the following courses: (S89°48'35"E 1506.47 ft; Thence S72°55'48"E Thence S00°06'32"W south line of said corner of said Lot ft; Thence N89°53'28"W Lots 3 & 4 1683.77 and containing 3.0 189.17 ft.); ' 25.52 ft. to a point on the Lot 3, from whence the SW 4 bears N89°53'28"W 1816.00 along the south line of said ft. to the POINT OF BEGINNING, acres, more or less. PARCEL 2 - A parcel located within SW/4 NW/4 Sec. 3, T6S, R93W of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Beginning at the W/4 corner Thence North along the west SW/4 NW/4 1198.49 ft; Thence S88°21'51"E 137.89 ft; Thence N)2°24'42"W 133.17 ft. the -north line of said SW/4 NW/4; Thence S89°53'28"E along said 1201.08 ft. to the NE corner Thence S00°04'42"E along the SW/4 NW/4 1326.08 ft. to the SW/4 NW/4; Thence N89°58'04"W 'SW4 NW/4 1335.12 and containing of said SEc. 3; line of said to a point on north line of said SW/4 NW/4; east line of said SE corner of said along the south line of said to the POINT OF BEGINNING: acres, more or less. • PARCEL 3 - A parcel located within NW/4 SW/4 Sec. 3, T6S, R93W of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Beginning at the W/4 corner of said Sec. 3; Thence S89°58'04"E along the north line of said NW/4 SW/4 339.63 ft. t4 the centerline of Rifle Creek; Thence along said centerline with the following courses: (S29°38'06"E 79.88 ft; Thence S01°46'54"W 75.98 ft; Thence N82°47'06"W 85.94 ft; Thence S38°00'54"W 101.58 ft; Thence S24°53'54"W 136.15 ft; Thence S64°35'06"E 124.50 ft;' Thence S00°10'06"E 71.27 ft; Thence S55°32'54"W 29.13 ft; Thence N73°55'06"W 131.25 ft; Thence S32°21'06"E 162.67 ft; Thence N89°14'06"W 138.05 ft; Thence S65°15'54"W 74.84 ft; Thence S36°31'04"W 25.71 ft.) to a point on the west lineof said NW/4 SW/4; Thence N00°00'38"E along said west line 630.68 ft. to the POINT OF BE- GINNING; and containing acres, more or less. 411 • • buuA Os PAGE8t PARCEL 4 - A parcel located within NE/4 SE/4 Sec. 4, T6S, R93W of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at the E/4 corner of said Sec. 4; Thence S00°00'38"W along the east line of said NE/4 SE/4 1312.91 ft. to the SE corner of said NE/4 SE/4; Thence N89°40'43"W along the south line of said NE/4 SE/4 1281.75 ft. to a point from whence the SW corner of said NE/4 SE/4 bears N89°40'43"W 40.00 ft; Thence N00°11'36"E parallel to the west line of said NE/4-SE/4 318.77 ft; Thence East 11.10 ft; Thence N13°45'42"E 171.12 ft; Thence N21°43'35"E 754.26 ft; Thence N53°14'04"E 80.76 ft; Thence N04°37'11"E 80.79 ft. to a point on the north line of said NE/4 SE/4; Thence S89°24'34"E along said north line 879.42 ft. to the POINT OF BEGINNING; and containing=cres, more or less. PARCEL 5 - A parcel located within SE/4 NE/4 Sec. 4, T6S, R93W of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Beginning at the E/4 corner of said Sec. 4; Thence N89°24'34"W along the south line of said SE/4 NE/4 879.42 ft; Thence N04°37'11"E 244.20 ft; Thence NO3°57'32"E 340.17 ft. to a point on the east ROW fence of a County Road; Thence along said fence with the following courses: (N47°08'30"E 402.79 ft; thence N31°03'42"E 499.62 ft.) . Thence S64°14'51"E 213.32 ft; Thence S88°21'51"E 91.08 ft. to a point on the east line of said SE/4 NE/4; Thence South along said east line 1198.49 ft. to the POINT OF BEGINNING: and containing 19.54 acres, more.or less. • • PARCEL 6 - A parcel located within Lot 1 & SE/4. NE/4 Sec. 41& Lot 4 & SW/4 NW/4 Sec. 3, T6S, R93W of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Beginning at a point on the north line of said SW/4 NW/4 Sec. 3, from whence the NW corner of said SW/4 NW/4 bears N89°53'28"W 132.23 ft; Thence S02°24'42"E 133.17 ft; Thence N88°21'51"W 228.97'ft; Thence N64°14'51"W 213.32 ft. to a point on the east ROW fence of a County Road; Thence along said fence with the following courses: (N34°31'46"E 237.82 ft; thence N41°29'17"E 51.36 ft.) to a point on the south ROW fence of a County Road; Thence along said fence with the following courses: (S73°54'23"E 53.26 ft; thence S69°57'44"E 51.61 ft; thence S59°16'10"E 166.86 ft.) Thence S)2°24'42"E 82.92 ft. to the POINT OF BEGINNING; and containing adres, more or less. Together with grantor's interest in and to all water and water rights, ditches and ditch rights of way, minerals and mineral rights in, on or under or all as appurtenant to said parcels. c1. ltoc'.rrtled at Reception No p� o'clock. Iti J THIS DEED, Made this 4th 19 7 4 between GARLAND P. AENCIIBACHER say of March of the County of Garfield and State of Colorado, of the first part, and WILLIAM B. McDOWELL and JEAN ANN McDOWELL • Recorder. RECORDER'S STAMP rs;T VE i3OCE,cE'i;ulitY FEE UAR 1'374 ,- 00 vim - ...,....,,,.s.,...,........,......;. of the County of Boulder and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of - Ten Dollars and Other Good and Valuable Consideration -- —DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, hi granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: (See Legal Description Attached Hereto) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits 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. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for him- sel f ,his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. except 1974 property -taxes and assessments, easements, rights of way and restrictive covenants of record. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part has hereunto set his hand and seal the day and year first above written. // //. Z t,Z1 -„< : .. SEAL Signed, Sealed and Delivered in the Presence of1 l�[ Garland P. Aenchbacher l STATE OF COLORADO, County of Garfield ss. The foregoing instrument was acknowledged before me this 19 74,by Garland P. Aenchbacher. Lea - My commission expires [SEAL] ,19 7.. Witness my hand and official seal. 2 Notary Public. No. 921. WARRANTY DEED—Te Joint Tenants.—Bradford Publishing Co., 1R24 -4S Stout Street, Denver, Colorado- f -7R •lf by natural person or persons hero insert name or names: if by person acting in representative fir offlelnl capacity or es attorney-in-fact, then InFert nnare of person as executor, ntt. l' v-t,.fnet or other capacity or dearrlofloo : If by officer of cor- poration then insert mens of such officer or officers as the prealdont or other officers of such corporation. naming If-Hfntetocy Arknnteledgrn.•'nt. Her. ItR n.1 Colorado Boviaed Statutes I''tir •ti .JUU,'i• • • Attachment to Warranty Deed between Garland P. Aenchbacher, Grantor, and William B. McDowell and Jean Ann McDowell, Grantees, dated March 4, 1974. -.A..tract of land situated in the SE4NI L of Section ., ' .li ., t , 4 t , Township �•? St.)'.ii:jl, . 1i', .R.:,,ng.,e � 3 West of- the huh i3. i'i. , Garfield ld County, Colorado, lying c .. ''' y ..• L` ' u'l Cl (', Highway No. 13.and SUutl e ly 0:4 a county road as C4i,:i ijruc .ed ane in .place, described as fol low:::: - - • r ., ,: bo inda]:y of said county road whence- the Southeast corner o '. S,, ,: 't: i_U �! -36, Township 5 South, .Range 93 West of thc 6th P.N. , bear::. N. 27)'3x)' E. 3156..73 feet; thence N. 46012' E. 2. 2. feet'' of 9 £�]. <<1on�, the Sc�atl.��r].y i; '�i boundary said County Road; thence S. 04'25'20" W. 340.17 feet; li t �r • I; :thence S. 05°05'30" W. 196.88 feet; thence N. 70'04' ?_70.13 e h :to a point on the Easterly right-of-way line of said highway; fee' fj N. ].9`356' : E. 255.50' fees along the Easterly right-of-way lisle of sE.d .is highway to its intersection with the: Southerl.y.1i.nc•ofsaid County ii i' road, the point o: , beginn,irig. ;; is ., i i',c'g.tnr,ing at.the intersection of said State Highway w i.t h the SUut ly V \ tract of land situated in the- SE'�NE and' the ..r.Township 6 South, Rang, 93 West o1: the 6th • 1, Colorado, lying Eastelry. of the Easterly right ,i ' Highway No. 13, described as follows: i•IE'SE';: o.: S . , -of-way gine. of State' •1! 11C(f:�illl'i-'�1Cf a(; a point on the] r:;;l:c)-.l.y right-of-way 1::.:)e of•_.iC: Il','r'�.r •, j S' iiC?111: C; the Southeast come of JCC , '' IiSil].'� :) :OU i 1' West of the 6th P.M. bears N. 27°16' E. 3723.93 feet; thence N. 2.0.-6' i. 1'1 i,. 9.00 feet along the Easterly right -of -'way lino .of said highway; 11 Ii . thence N.‘19°561 E. 307.97 feet along the Fasterly ri c.;:nt-oz--way J.a.r;-, . li. of said highway; thence. S. 70°04' E. 2.70.98 .feet; thence S. 05°05' II .• ii 30" W. 128.25 feet; thence S. 53°43.' W. 81.17 feet; thence S. 22°0..;r . I, ,. 31. 1.27.86, feet; thence N. 69°34' W. 2.3.89 feet to a point 'on the i' ILEasterly right.-of7clay lino of said highway, the point of )Jeuinn.Lr cf ' l l • • • PARCEL C A parcel of land situate in the SE NNE4 of Section 4, Township 6 South, Range 93 West of the 6th Principal Meridian and being more particularly described as follows: Beginning at the Southeast corner of Section 36, Township 5 South, Range 93 Nest, thence 827°21153"W 3060.47 feet to a point on the Southeasterly right- of-way of County Road No. 296, the True Point of Beginning, all bearings contained herein being relative to a bearing of N00037100"W on the centerline of Rail- road Avenue in the City of Rifle, Colorado? Thence along said right-of-way S45°23t.0C"FI 93.63 feet to a point on the Easterly right-of-way of State Highway #13; thence along said Highway right-of-way N18°50144"E 83.11 feet; thence leaving said Highway right-of-way S71009T16"E 22.05 feet; thence 19.80 feet along the arc of a 296.98 foot radius curve to the left, which arc subtends a chord bearing of S73003t 5e.1I E 19.80_ feet to the True Point of Beginning. Said parcel of land contains 0.039 acres more or less. • • PARCEL E A parcel of land within Parcels 4 and 5 as described by Document No. 283878 in Book No.461, Page 258 in the Records of the Garfield County Clerk and Recorder and being in the E', of Section 4, Township 6 South, Range 93 West of the 6th Principal Meridian, in Garfield County, Colorado and being more particularly described as follows: Beginning at the E'., Corner of said Section 4, a 2'2" aluminum 'cap on a pipe, properly marked, thence S.00'17'22"E. and along the East line of said Section 4, a distance of 311.75 feet; thence S.89°42'38"W. a distance of 1020.68 feet to a point on the Easterly line of the property described in Document 281713 in Book 502 at Page 622 in the Records of the Garfield County Clerk and Recorder; thence N.21°23'23"E. and along the Easterly boundary line of the. property described in said Document No. 281713, a distance of 60.72 feet to the Southeasterly Corner of the property described in Book 464 at Page 533; thence N.21°23'23"E. and along the Easterly boundary line of the said property described in Book 464 at Page 533, a distance of 127.86 feet; thence N.52'59'08"E. a distance of 104.72 feet; thence N.04°04'33"E. a distance of 501.17 feet; thence N.8Y°42'38"E. a distance of 828.91 feet to a point on the East line of said Section 4; thence 5.00°17122°E. .and along the East line of said Section 4, a distani' of 425.81 feet more.or less to the Point' of Beginning. Containing 15.000 Acres more or le!s•s. • • STATE OF COLORALO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, - held at the Court House in Glenwood Springs on Monday , the 4th day of February A. D. 19 80 there ware present: , .Commissioner Chairman Fl aven Cerise , Commissioner Larry Velasquez , Commissioner Arthur A. Abpl anal p, Jr. , County Attorney Nancy Sprick Page, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-20 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS WHEREAS, Carmack Drilling Company has petitioned the Board of County Commissioners of Garfield -County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 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 for the division of a 103.0 acre tract described as follows: that parcel of land as described in Document No. 299662 as filed in the Office of the Clerk and Recorder of Garfield Ccunty, Colorado, into 2 tracts of approximately 15.0 and 88.0 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land within Parcels 4 and 5 as described by Document No. 283878 in Book No. 461, Page 258 in the Record of the Garfield County Clerk and Recorder and being in the El of Section 4, Township 6 South, Range 93 West of the 6th Principal Meridian, in Garfield r vuity, Colorado and jo i rmore particularly described as follows: Beginning at the Eq Corner of said Section 4, a 22" aluminum cap on a pipe, properly marked, thence S.00°00'38"W. and along the East line of said Section 4, a distance of 303.22 feet; thence N.89°59'22"W. a distance of 1017.20 feet to a point on the Easterly line of the property described on Document No. 281713 and in Book No. 502, Page 622 in the records of the Garfield County Clerk and Recorder; thence N.21°40'12"E. a distance of 179.44 et; thence N.53°14'05"E. a distance of 81.20 feet; thence N.04°37'11"E. a distance of 324.99 feet; thence N.03°57'32"E. a distance of 190.17 feet; thence 89°59'22"E. a distance of 846.71 feet, to a point on the East line of said ction 4; thence S.00°00'38"W. and along the East line of said Section 4 a distance of 425.81 feet more or less to the point of beginning. Containing 15.000 acres more or less in the State of Colorado and County of Garfield; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revises Statutes 1973, as amended, for the reason that Tract "A" will be sold to the School District for a school site; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall with the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above'described tract "A" from the above described 103.0 acre tract is hereby exempted from such definitions and said tract may be divided into tract "A", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision O. • • statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tract "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Adopted the 4th day of February , A.D. 1980. ATTEST: De+uty Cl : rk bf the Boar of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO B Upon notion duly made and seconded the foregoing Resolution was adopted by the following vote: F1.aven...Cenise Aye La.rry...V.e.l.asqu.ez Aye Aye STATE OF COLORADO County of Garfield Commissioners 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and St::..-: 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. • July 7, 1980 Board of County Commissioners Garfield County, Colorado Dear Sirs: In complience with the petition for exemptio following: 1. Purpose of exemption is to exchange par future right-of-way (parcel B) that would interse a right angle. This right-of-way would be eventu of Rifle and would provide access for the propose the proposed Carmack Addition to the City of Rifl plan) . 2. At a later date, when the R -O -W is cons ask the county to partially abandon County Road 2 Parcel C and the Easterly portion as shown on the 3. Enclosed with petition is the agreement Company and William B. McDowell. 4. Also as further reference, enclosed is a exemption and resolution 80 - 20. enclosure please accept the is so as to acquire a t State Highway 13 at lly dedicated to the City elementry school and (now up for Sketch cted, the parties will 6, more particularly plat. etween Carmack Drilling copy of the previous Robert Carmack SI I Pre fontaine 4 u ra- o 4/ Mesa D/ \N E S T E e .I : .4 • • Rifle .2 • / 16 Eer,T;ECI r C�i, cam. rtr - ..!24 • January 7, 1980 Board of County Commissioners Garfield County, Colorado Dear Sirs In compliance with the petition for exemption please accept the following: 1) Source of donestic water to subject property shall be from the City of Rifle. A 14" water line exists approximately 200 feet from S.W. corner of 103 acre parcel. 2) Source of sewage disposal from subject property shall be from the City of Rifle. An interceptor line is to be con- structed along Rifle Creek to State bridge on Hwy 13 this sumer. From this point the sewer will follow an existing utility easement to the SW corner of 103 acre parcel. This property is not yet contiguous to the Rifle City Limits, but with the annexation of one rrore parcel it will be. All easements for utilities are either acquired or in the process of acquisition. 3) A copy of a letter analyzing the 100 year flood plain for the subject parcel is enclosed. As noted in letter, a rrore extensive study will be done when the remaining 88 acre parcel will be subdivided. Sincerely /7 Robert Carmack II RC/dt Bob Carmack 125 West 4th Suite 102 - Rifle, Colorado 81650 - 303-625-3899 {B LAlti • I • k " i 81 ()t)1 - :103.245-8664 Mr. Robert Carmack 125 West 4th Street Rifle, Colorado 81650 Re: Floodplain Study North of Rifle, CO. 'Ne.t 40h i ' i`ie. i Sic• November 29, 1978 Dear Mr. Carmack: We have analyzed the 100 -year floodplain on the Rifle Creek as it relates to your property north of Rifle and east of State Highway 13 in Sections 3 and 4. Based on our field reconnaissance and hydrologic calculations we believe the 100 -year flow generated by storm runoff below the Rifle Gap Reservoir will be contained in the present creek channel and the area immediately adjacent to it. The floodplain cannot be accurately located due to the lack of a topographic map but it is safe to assume that the 19.5 acre parcel lying northwest of the east quarter corner of Section 4 is outside the floodplain. Because the channel meanders in this area the possibility of plugging with debris and overtopping does exist. In this instance a sheet flow condition would occur with low velocities covering a larger area. Damage to adjacent improvements could be prevented by constructing an earth berm along the westerly side of the channel. Our calculations are based on the criteria set forth in the Geological Survey publication titled Magnitude and Frequency of Floods in the United States, Part 9, Colorado River Basin. The 100 -year flood was determined to be 26 cfs for the 6 square mile area below the reservoir. A more detailed study should be prepared after the proposed development is adequately mapped. Sincerely, Martin S. Oldford, .E. MSO:ke P. 7.117' 4 Garfield County Commissioners P. 0. Box 640 Glenwood Springs,; CO,; 81601 Gentlemen:• gh AUG 7 1980 August 6, 1984ussrt ", COUNTY comm. Our Planning Department and I are aware of the subdivision exemption proposal in regard to an exchange, of land between Robert Carmack and William McDowell north of Rifle. This proposal was tabled at your last meeting. The purpose of the exchange is to enable the City of Rifle, State Highway Department and other land owners in the area to im- prove the intersection of County Road No. 296 and State Highway 13 immediately: north of the McDowell Building. The City of Rifle would appreciate your approval of this subdivision exemption proposal. DWD/vr Sincerely, (111) Daniel W. Deppe City Manager 337 East Avenue P.O. Box 1908 Phone 625 - 2121 Rifle, Colorado 81650 �QoogHOME OF "OIL SHALE" U.S.A. v ��oo Leonard Bowlby Road Supervisor GARFIELD COUNTY ROAD AND BRIDGE P.O. Box 1485 Glenwood Springs, Colorado 81601 Phone 945-6111 August 14, 1980 Garfield County Commissioners Garfield County Courthouse Glenwood Springs, Colo. Gentlemen; An on site inspection was made this date of the area described in the plat submitted by Carmack-McDowell on 8 5 80. As I understand it, the request was made in order to provide re -alignment of the existing CR 296 to State Highway 13 for future use by school bus and the related subdivision. This rerouting as drawn on the map attached to the petition for exemption would allow traffic to approach the inter- section at a 90 degree angle and thus should be much safer than the present situation. The County Road Department would not object to this change. Respectfully, ‘ALee Leonard A. Bowlby County Road & Bridge Supervisor LAB/pc EXEMPTION eeLivryuteA NAME: PURPOSE OF EXEMPTION:-‘ . • /. G����- j\,,,),at-y- /Ai,/ .1P,ALAkIX-Or ) 2 • ?-4e.}69-c,1 -6(17 /4J-6.4 1AR_ � z �J�c t-eaa p c C�ea. 44,44-P • 7 I' - ./CS at, .3 z4'g3.93, . �504 . Z or ZONING: jR01& QUALIFICATION FOR S.B. 35 1A -A;11.4 4 .40,yZti /4 LOCATION OF SITE: i , a96 SecS -R 93 w WATER: c egy R41, DIV. OF WATER RESOURCES RESPONSE: SEWER: Q ; ' CHECK LIST: X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) MAP showing proposed lots and access X DEED X VICINITY MAP Dv/%it 100 yr floodplain info. SOIL MAP DJ/A IF community water, letter of approval from governing body COMMENTS: . , �, ¢G�k04 3.93. •)5O ,C�Bg let.tAt. ,C-4,4*VV11%4,(12$P 9?..6410 004) aro..,..0e .0e6A0.41. P\teic ckfir4"4 z4 g7t, .,;2a1S' q/‘/ off^'&44-°