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HomeMy WebLinkAbout1.0 Application• �rrlrEn fr..',T1', C0l('- :'0 411 PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as arrended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned Cole -Aspen Cor orati -- respectfully petitioners the Board of County Corwissioners of Garfield Courjty, Colorado, to exempt by resolu- tion the division of 230 + acre tract of land into Two (2) tracts of approximately 5 & 225 acres each, more or less, from the di f initions of "subdivision" and "subdivided land" as the terms are used and defined in LP -S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision, Regulations, for the reasons stated below: To allow Principal Shareholders of Corporation, Charles W. Cole, Jr. and Sarah R Coe. — to build a primary residence on subject property. 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 '1C. Vicinity map vb. Statement on source of domestic water "E. Stategent on rethod of sewage disposal Yr. 100 year floodplain information where live stream crosses or adjoins said tract '1G. Evidence of the soil types "H. Copy of Assessor's map showing the property �I. Practical description of property location .'J._ Fee in the amount of $ 55.00 ✓ K. $200.00 fee for each new lot created, .Submitted at Glenwood Springs, Colorado, this _ __pay Cole -Aspen Corporation Peti tioner 239 Ventnor Avenue, -Aspen, C0 81611 Mailing Address 925-2822 ieleahone Number , 19 dA 44, 10:00 A.1,--1.-:\.‘ Senate Bill 35 Exemption Request APPLICANT: III Charles W. Cole and Cole -Aspen Corporation PURPOSE: To split a 230 acre tract into 2 parcels of 5 & 225 acres each ZONING: A/R/RD QUALIFICATION: Husband -wife corporation,conveyance to spouse LOCATION OF SITE: 5 miles east of Carbondale off Hooks Spur Road WATER: Individual well; has existing domestic permit SEWER: Individual septic ACCESS: Existing access COMPREHENSIVE PLAN: District "D" of Comprehensive Plan (Rural Areas/ Moderate Environmental Constraints) MISCELLANEOUS: 1. This request is solely for the purposes of leasing the 5 acre tract in the Cole':s name. 2. Approximately 2 the total acreage of this 230 acre parcel is in Eagle County and l` in Garfield County. The 5 acre tract is, of course, in Garfield County. STAFF RECOMMENDATION IS FOR APPROVAL WITH THE FOLLGWING CONDITIONS: 1. That an access easement be conveyed to the 5 acre tract and that the description of this easement be included in the legal description for the 5 acre parcel; 2. That the exemption resolution indicate that this action is solely for the purposes of leasing; and no lots would be conveyed. 10:15 A.M. Referral to the Planning Commission: Sketch Plan and request for exemption from further subdivision review. Request to split a 28.93 acre tract into 3 parcels of 9.63, 9.65 and 9.65 acres each, located 3 miles northwest of New Castle off County Road 241. APPLICANT: Harold, Edward, and Nina McCune 10:30 A.M. Public Hearing for a Special Use Permit for the addition of an anhydrite handling and crushing circuit to the existing limestone/magnetite plant facilities, located 1 mile east of Carbondale on County Road 100. APPLICANT: Mid -Continent Resources, Inc. (See attached information sheet) EXEMPTION NAME: ayd../cLaiTh a34.70, PURPOSE OF EXEMPTION. /e4a—vd d—O—P a 100/...e_p_i. ad 5 ZONING: QUALIFICATION FOR S.B. 35 4/_,6e)— , 1r alReil..I _I LOCATION OF SITE: (� ,frofcck342z,64,7i / p. / / „l , i_♦ QC2 Q �i! Ji les.)(� F WATER: i� / ,.I -P`e- //-5 DIV. OF WATER RESOURCES RESPONSE: SEWER: 41. c 7�iiy,4 CHECK LIST: X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) XMAP showing proposed lots and access X DEED VICINITY MAP hca 100 yr floodplain info. X SOIL MAP IF community water, letter of approval from governing body COMMENTS: Pia") S a d_A. //1 49a-, .eSe72f;*7 '7 057 SC-HE•DUl-E t • Legal Description A parcel of land situated in Tract 41, Township 8 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for Angle Point No. 6 of said Tract 41 bears S 80°13'14" E 128.71 feet; thence N 66°26'32" W 683.41 feet; thence N lk°37''55" E 341_74 feet; thence S 63°24'24" E 690.12 feet; thence S 1437'55" W 304.75 feet to the point.of beginning, containing 5.01 acres more or less. All bearings contained herein are based on a solar observation, using S 80°13'14" E between the Southeast Corner of the above described parcel of land and Angle Point No. 6 of said Tract 41. 6 May 1982 A 20 foot wide access easement situated in Tracts 41 and 42, Town- ship 8 South, Range 87 West of the 6th Principal Meridian, Eagle County, Colorado, and lying 10 feet on each side of the following described centerline: Beginning at a point on the centerline of an existing roadway as built and in place whence a brass cap found in place and properly marked for Angle Point No. 6 of said Tract 41 bears S 72°56'53" W 635.85 feet; thence 45.15 feet along the arc of a 36.35 foot radius curve to the left, the chord of which bears S 83°02'34" W 42.30 feet; thence 59.12 feet along the arc of a 62.25 foot radius curve to the right, the chord of which bears S 74039'38" W 56.92 feet; thence N 78°07'57" W 162.25 feet; thence 44,56 feet along the arc of a 362.72 foot radius curve to the left, the chord of which bears N 81°39'08" W 44.54 feet; thence 174.61 feet along the arc of a 566.95 foot radius curve to the right, the chord of which bears N 76°20'57" W 173.92 feet; thence N 67°31'34" W 32.24 feet; thence 59.89 feet along the arc of a 412.22 foot radius curve to the left, the chord of which bears bears N 71°41'19" W 59.84 feet; thence N 75°51'04" W 135.09 feet to a point on the Easterly boundary line of Garfield County. The sidelines of the above described easement being lengthened or shortened on the westerly end to terminate on said Easterly boundary line of Garfield County. 16 July 1982 M • faxfORIM cole aspen corporation • 239 ventor avenue, aspen, colo. 81611 • 3031925-2822 May 5, 1982 Board of Commissioners, Garfield County Glenwood Springs, CO 81601 Gentlemen: This letter is to certify that Cole -Aspen Corporation, owner of certain property in Garfield County as described in the copy of the warranty deed enclosed has agreed to enter into a $O year lease with Charles W. and Sarah R. Cole for a five (5) acre parcel within said property. This lease shall also provide easement for ingress and egress to said parcel. CWC/kgs Sincerely, Charles W. Cole, Jr. President • • cole aspen corporation • 239 ventor avenue, aspen, colo. 81611 • 3031925-2822 May 5, 1982 Board of Commissioners, Garfield County Glenwood Springs, CO 81602 Gentlemen: In reference to the petition for subdivision exemption hereby submitted, Cole -Aspen Corporation makes the following statement: CWC/kgs Domestic water: Individual well - Copy of permit application approval enclosed. Sewage Disposal: Septic tank and leech field 100 year floodplain: Not applicable. Location of Property: Approximately 5 miles N.W. of Basalt at the end of Hooks Spur Road. SincRre.1y, Charles W. Cole, J President Applirafon must b; complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 • PERMIT APPLICATION FORM • (X) A PERMIT TO USE GROUND WATER (X) A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ) OTHER RECEIVED DEC 0 3 1980 9TER RESOURCES STATE ENGINEER Oa9• (1) APPLICANT - mailing address NAME 6o(-6 HSa ls__SAR'2S L3.Tl O STREET. VGk f—NL2 CITY t.(.1._6.) TELEPHONE NO Ct Q (State) 8161/ (Z:p) (2) LOCATION OF PROPOSED WELL County-Cr42FlL(a /I(E___Y. of the /yM/ '/t Section Twp. s, Rng. g'7 !� . (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) l5 Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: 0 Proposed total depth (feet): /5D Aquifer ground water is to be obtained from: F:Dv?_'z e1J dz Owner's well designation C C Lfc /4 2. - GROUND GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( XJ DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name Street City CD�.�ltic �21c Lrn,lt~ CO • Sc?el& /WL C 2-3c40 tJ,q-c -t` CJ. e/(v ) 3 (state) (Zip) Telephone No. ?(o 2Y1 Z Lic. No bay FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 3A_ / Basin Dist. 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 of preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED FOR DOMESTIC USE, INCLUDING TBE IRRIGATION OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS. IRCjt APPLICATION APPROVED PERMIT NUMBER _..__` to 59 0 DATE ISSUED _ DEC 181980 EXPI RATIQ3 DATE DEC 18 1982 BY I.D. 5-38 COUNTY 23 (5) THE LOCATION OF THE PROPOSED WELL a..j the area on (IA 1-HEV.tt_L rvUS. U • LUL., At. `Lvi,ich the water will be used must indicated on the diagram below. by distances from section lines. 4 Use the CENTER SECTION (1 sec 640 acres) for the well location. tt from ifJoarit` \ , — T — ± — I 1 — — ± _ - (north or soutl\ T -T' -j- od �Y1� I �II� .4-- 1 MILE, 52B0 FEET —} I' 3 ft. from (cast or west) f 4- T . + -i- + + I LOTBLOCK FILING 1 I SUBDIVISION /1/0,0E- . �` NORTH SECTION LINE — �.. -+ \ --I- -� — 1 I (7) TRACT ON WHICH WELL WILL BE \ LOCATED Owner: Cor -c k Pf) Cot.?, `' -I-- - r i- t No. of acres ...D30 Will this be I NORTH 1 � I the only well on this tract? NO (8) PROPOSED CASING PROGRAM I Plain Casing r - I (o in from 0 ft to ;2,0 ft. SOUTH SECTIOr: LINE — {---}---j-- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 4f in from ,.2.01 ft to 50 ft. Perforated casing in. from 5 ft to - JSO ft. -4- -I-- in from ft. to ft 1 (9) FOR REPLACEMti•JT WELLS givedistance and direction from old well and plans for plugging — +- — -}- it: WATER EOUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously'for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED; c>730� Owner(s): G( AsPet3 CORPt>P_14r1O No. of acres: Legal description• Sf� (amp` t t".D• (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type 01 disposal sysie to be used. ,O1;mss ('SF`;(ZtZGA) T 37y2 (p02- (!) L CJC4 ? ili5 n S77/27-07-01°- (12) TJ2TU7d°- (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for (purpose) Description of land on which used (cr. z 5KFi 'Gr20v6r-0(2rSi.2) '.' - iii>ESTc pi's/00 n/%/(2G (13) THE AP ICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TR l)1` THE BE T OF HIS KNOWLEDG SIGNATURE OF APPLICANT(S) Pa„ otiditior,01 thp?15 ref pt•uer if m; re space is required. crap Unit No. 49b • SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum . deep Unified/AASHO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) . Soil Reaction (pH) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfil1 OTHER SOIL FEATURES • loam clay loam, sandy clay loam cobbly sandy clay loam, cobbly sandy loam ML, SC, CL, SM; A-4, A-6, A-2 moderate to moderately rapid 5 to 30 percent 6.6 - 7.8 moderate : moderate : none : R h i g) : low M - steep slopes S - steep slopes, seepage : S - seepaj;o M - steep slopes M - steep slopes : M - low strength, shrink -swell, steep slopes : M - low strength, shrink -swell, steep slopes M - low strength, shrink -swell, steep slopes Fair - stoniness, strep slopes : Fair - stone content, steep slopes : Unsuited : Unsuited : Fair - steep slopes, shrink -swell, low strength Permeability rate may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. • • SHORT FORM LEASE THIS SHORT FORM LEASE is dated as of this 1st day of April, 1982, between COLE ASPEN CORPORATION, a Colorado corporation, having an address at 239 Ventnor Avenue, Aspen, Colorado 81611 (Lessor), as Lessor, and CHARLES W. COLE, JR. and SARAH R. COLE, having an address at P.O. Box 56, Aspen, Colorado 81612 (Lessee), as Lessee. 1. Lessor hereby demises and lets unto Lessee, and Lessee hereby leases from Lessor, that certain #X o%acre parcel of land in the County of Garfield, State of Colorado, described in Schedule 1 attached hereto and by this reference incorporated herein, together with all easements, rights and appurtenances thereto (being herein collectively termed the Leased Premises). 2. The term of this Lease shall be a period of fifty (50) years, commencing on April 1, 1982. 3. The rentals to be paid by Lessee and all of the other terms, covenants and conditions of this Lease are set forth in that certain Lease of even date herewith executed by the parties hereto covering the Leased Premises. This instrument is merely a short form and memorandum of said Lease and is sub- ject to all of the terms, covenants and conditions thereof, each and all of which are hereby incorporated by this reference. IN WITNESS WHEREOF, the parties have executed, acknowledged and delivered this Short Form Lease as of the day and year first above written. LESSOR: COLE ASPEN CORPORATION Charles W. Cole, ., President LESSEE: dv,) Charles W. Cole, Jr/. Sarah R. Cole • • STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2...51 day of N z c.L , 1982-, by Charles W. Cole, Jr., President of Cole Aspen Corporation. Witness my hand and official seal. My commission expires: My Commission Ex,:ires Juno 8, 1"25 STATE OF COLORADO COUNTY OF PITKIN ) ) ) ss. ary Public Address: The foregoing instrument was acknowledged before me this21 day of rl it -c L , 1981—, by Charles W. Cole, Jr. Witness my hand and official seal. My commission expires: My Comr sc`,_,n Epircs Juno 8, 1:::75 ary Public Address: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1981. , by Sarah R. Cole. Witness my hand and official seal. My commission expires: My Commission Expires June 8, 1885 No ary Public Address: • ....“.)k.}4. xecorded at 11:50 A.M. August 25, 1972 •`'L'�1 2 L '„ -. Page 486 Reception No. 255020 E11 Stephens J:;iE f Recorder. Inst. No. 121185 Recorde at 3:00 P.M. Septe-ber 15, 197 ..axwell R. Barz,4a --Recorder Recorder THIS DEED, Made this 2/ day of August, 1972, betweens - "—� J. A. HYDER CONSTRUCTION COMPANY a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first part, and V irf V-.R,.�. p COLE ASPEN CORPORATION SEP j S L. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the second part; WITNESSETH, 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, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described real property situate, lying and being in the Counties of Eagle and Garfield and State of Colorado, to -wit: Tract 41, in Section 4, Township 8 South, Range 87 West of the 6th P. M. (originally surveyed as Lots 2, 3, 6 and 7 in said Section 4.) Also, Tract 42 in Sections 3 and 4 in Township 8 South, Range 87 West 6th P.M. (originally described as Lots 8, 11 and 14 of said Section 4) except that part of said Tract 42 lying Easterly of a line described as follows: Commencing at the Southeast corner of said Tract 42 being the same as the Southeast corner of Lot 14 of said Section 4 as originally described, thence West 808.56 feet; thence North approximately 2640 feet to the North line of said Tract 42 being on the North line of Lot 11 of said Section 4 as originally described. Also, Lot 12 of Section 33, T. 7 S., R. 87 W., 6th P. M. and also that part of Lot 11 of said Section 33 lying South and West of the following described line: Begin ning at a point on the South line of said Lot 11 whence the Northeast corner of said Section 4 bears North 89°08' East 2038 feet; thence North 60°25' West 483. 5 feet; thence North 53°05' West 370 feet to the West line of said Lot 11. Excepting, however, that part of said Tract 41 lying Northerly of the following described line, to -wit: Beginning at a point on the East line of said Tract 41 (being the East line of the tract of land originally platted as Lot 2 of said Section 4) whence the Northeast corner of said Section 4 bears North 83°40' East 1049. 8 feet; thence North 61°54' West 75 feet; thence N. 86°10' West 400 feet; thence S. 77°53' West 369.2 feet; thence N. 60°25' W. 185 feet to the North line of said Tract 41, containing one acre, more or less. Excepting also, that part of said Tract 42 described as beginning at a point on the most Southerly line of said Tract No. 42 whence • ok 434 Ilrage 487 Angle Point No. 7 of said Tract No. 42 bears N. 89°53'00" E. 808.56 feet; thence S. 89°53'00" W. 180. 73 feet along the Southerly line of said Tract No. 42; thence North approxi- mately 2640. 00 feet to a point on the line between Angle Point No. 9 and Angle Point No. 10 of said Tract No. 42; thence N. 88°39'00" E. 180. 78 feet; thence South 2640.89 feet to a point on the Southerly line of said Tract No. 42, the point of beginning, containing 10. 95 acres, more or less. Excepting also, a tract of land situate in Lot 11 Sec. 33, Tp. 7 S., R. 87 W., 6th P. M. lying Southwesterly of the following described line: Beginning at a point on the South line of said Lot 11 whence the N. E. Corner of Sec. 4, Tp. 8 S., R. 87 W., 6th P. M. bears N. 89°08' E. 2038 feet; thence N. 60°25' W. 483.5 feet; thence N. 53°05' W. 370 feet to the West line of said Lot 11, containing 3. 64 acres, more or less. Together with any and all ditch and water rights belonging to, used upon or in connection with said property, including but not exclusively all of the said party of the first part's interest in the Home Supply Ditch, Grange and Cerise Ditch and Grange Spring and Rearing Pond. Together also, with any and all easements and rights-of-way appurtenant to the above described real property. TOGETHER, with all and singular the hereditaments and appurtenances thereunto 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 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 des- cribed, with the appurtenances unto the said party of the second part, its successors and assigns forever. And the said J. A. Hyder Construction Company, party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents it 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 hath good right, full power and lawful authority to grant, bargain, 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 incumbrances of whatever kind or nature soever; except taxes for 1972, due in 1973, which taxes the said party of the second part hereby assumes and agrees to pay; except reservations and exceptions contained in United States Patents for said property; except any and all existing easements and rights-of-way of record or visible and apparent; except prior reservation of an undivided one-half (Z) interest in and to all oil, gas and other minerals as reserved in deed recorded in the Garfield County records as Document No. 223545 and in the Eagle County records as Document No. 98338; and except also the certain deed of trust recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as Document No. 223546, in Book 354 at Page 409 thereof, and recorded in the office of the Clerk and Recorder of Eagle County, Colorado, as Document No. 98339, in Book 179 at Page 235 thereof, which deed of trust and the indebtedness secured thereby, said party of the second part hereby assumes and agrees to pay, and the above Book 434 • Page 4-88 bargained premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. A TTEST: ..•. /isr'c �> ; 41-0- STATE OF COLORADO s s . COUNTY OF ) J. A. HYDE $ CON RUCTIO By The foregoing instrument was acknowledged before me this day -of August, 1972, by HUGH M. HYDER as President and BONNIE K. THOMPSON as Secretary of J. A. HYDER CONSTRUCTION COMPANY, a corporation. My notarial commission expires: f� Ccmmissian expires Nero. 19, 1972 WITNESS my hand and official seal.