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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 under- signed Grant A. & Harriett P. Knight respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 10 acre tract of land into 3 tracts of approximately 3 1/3 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 attached sheet Exhibit "A" and attached sheet Exhibit "B" Final Legal Description Subject to iand Survey Parcels located in Sec 5 and Sec 4, T 75, R 95W from the definitions of "subdivision" and "subdivision 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: Isolated - Non irrigated part of ranch owned by afore-mPationed party Access by county road and short lane In support of this petition the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access. - See Exhibit A (b) Vicinity Map. See Exhibit "B" (c) Statement on source of domestic water. domestic well (d) Statement on method of sewage disposal. septic system (e) 100 year floodplain information where live stream crosses or adjoins said tract. N/A (f) Fee in the amount of $0.00 . Submitted at Glenwood Springs, Colorado, this 6th day of February /!- Petitioner 19__29 1845 309 Road Mailing Address Grand Valley, CO 81635 2-815:- -77 31 Telephone Number aiN- —77 ICI 4 .1) o t*' Go Vi44 44' r CIP LI ellry1?c> 2 34 M 0 .0 ! Nt. (r) 4-4 141 II I *7 JL 0) R. 96 W. R. 95 W. 2'30" 755 'GRAND VAL RANCLE /56 1 290 000 FEET 757 108°00' 1I 39°3 6000 4376 26 1 5 56 / 69,^ 0 0 552 566,0 4375 5/ 5/64 0 r 610 001 FEET S.? 4374 5140 T. 6 S. 24 5 05 5200 BM 5117 545 5/29 ii —M Z 0 J J T. 7 S. 4373 6 I I• 4372 27'30" 4371 p "O 4370 ;Battlement Sch 4369 boo l \ \\K \ RICHARD D. LAMM Governor • DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 February 22, 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: C.J. KUIPER State Engineer L� FEB 26 1979 GARFIELD U j Li ER Re: Knight Exemption and Kittle Exemption We have reviewed the material submitted for the above referenced applications for exemption. The developer proposes to use wells for the water supply. These wells would intercept ground water which is tributary to the Colorado River at a point where there is still water available for appropriation by exempt wells. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of the Knight and Kittle Exemptions. Very truly yours JAD/GD V: mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. A /6L,,,,..1,61„- Jeris A. Danielson uty State Engineer 410 GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-8212 October 22, 1980 Dear The Board of County Commissioners has reviewed your revuest for an exemption. Due to the length of time since your applicaion has been reviewed by the Board, the Board is requesting that you send the legal descriptions for the new parcels by December 31, 1980. If the descriptions are not received by that date, the applications will be denied. If you have any questions concerning this matter; please feel free to contact this office. RB/rgg Sincerely, Ray Baldwin Planning Director • • August 29, 1980 Grant Knight 1845 309 Road Parachute, Colo. 81635 Dear Mr. Knight: I an writing to inform you that the 120 day requirement for submittal of legal descriptions on your exemption request is over on 0/20/80. If no legal descriptions for the newly created parcels are received by this office in 120 days, the exemption is revoked. If you have any questions please contact me at this office. Sincerely, Davis S. Farrar Assistant Planner DSF/rq GARFIELD COUNTY • PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE Mr. & Mrs. Grant Knight 1845 309 Road Grand Valley, CO 81635 March 5, 1980 PHONE 945-8212 ,'r94-- mAR 1 1980 GARFIELD CO. iuliWg# U, Dear Mr. & Mrs. Knight: This is the second request we have made for a legal description for the new parcels of land which you wish to create by a Senate Bill 35 exemption. If we do not hear from you soon regarding this legal description, we will assume that you no longer desire to split your property. If you have any questions, please do not hesitate to contact me. RB/hr LJ/e/ ,dtr2> j2-1Lz asz Sincerely, Aia/Lc,,, Ray Baldwin Planning Director A • • EXEMPTION 424.4.474PURE OF EXEMPTION: - 57i1,' Q 577 c 2 Z41 0/403 CST 0. pQ, v?. 777. cD. 7c9 ZONING: QUALIFICATION FOR S.B. 35 (7-ALy77 j-:74 c1ez2_z�p •Si LOCATION OF SITE: WATER: DIV. OF WATER RESOURCES RESPONSE: SEWER: CHECK LIST: FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) (5-<0 MAP showing proposed lots and access DEED r/VICINITY MAP r1/%1 100 yr floodplain info. SOIL MAP �/a IF community water, letter of approval from governing b April 28, 1981 Mr Grant A. Knight X845 County Road 309 Parachute, Colorado Dear Mr. Knight: discussed with the County". latest exemption, reQuest was informally Senate Bill- 3u Your, County Commissioners on April 27, 1981. e and Co Y three new parcels may be created without going " Axerequesting that a t Exemption Processvii nareg l ati o47--gecauae you are req throughparcelfovrth bevcreat d, uyour tpgtic'- ted. it was determined that you�returningreq $t�# �'.. w ghthebell I am therefore through . `full subdivision process.. the items needed for an exemption application, tion fee and Davists for a sem'" is Farrar of this office, can explain all requireme division application, IfyouUegt, planet contact me- at have any questions on this specific req at this. office. Sincerely, GARFIELD COUNTY PLANNING OEPART NT, 'ferry L. Bowman Assistant Planner TIB/tis ,cis.. I.HE. INTERIOR f3UR. OF LAND MGMT. 4-1023 �� (Apri11950) , t 52 MAR 17 AM 9c11b9.do o�_,)05 RECEIVED _AND e, SURVEY OFFICE 7ENVER, COLORADO RecSed at 2.05 P. M. April Al/ 1952 Reception # 179173 Chas. S. Keegan, Recorder Book 26/4. • Page 77 ZItIr gttt#rs of AmrricA ?tio all to wljom these presents tome, (keeting: WHEREAS, a Certificate of the Landes d Survu7 C)lorado, is now deposited in the Bureau of Land Management, whereby it appears that full payment has been made by the claimant Grant A. hni ;ht, according to the provisions of the Act of Congress of April 24, 1820, entitled "An Act making further provision for the sale of the Public Lands," and the acts supplemental thereto, for the following - described land : Sixth Principal TiTericlian, Colorado. T. 7 S., R. 95 w., Seo. The area descrbied contains 80 acres, according to the Official Plat of the Survey of the said Land, on file in the Bureau of Land Management : Now KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAS GIVEN AND GRANTED, and by these presents DOES GIVE AND GRANT unto the said claimant and to the heirs of the said claimant the tract above described; TO HAVE AND To HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said claimant and to the heirs and assigns of the said claimant forever ; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts; and there is reserved from the lands hereby granted, a right-of-way thereon for ditches or canals constructed by the authority of the United States. Except- ing and reserving, also, to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat., 755), all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine, and remove the same. IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land Management, in accordance with the provisions of the Act of June 17, 1948 (62 Stat., 476) , has, in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to be hereunto , affixed. GIVEN under my hand, in the District of Columbia, the TinrM 'Si day of MARCH in the year of our Lord one thousand nine hundred and FIFTY4CM0 and of the Independence of the United States the one hundred and SIVENTY-SIX11i. Patent Number For the Director, Bureau of Land Management. By Acting Chief, Patents Section. 16--58895-2 U. S. GOVERNMENT PRINTING OFFICE • • Y Yr Reception No. THIS DEED, Made this ninth day of March 19 81 , between _rant A. Knight of the County of Garfield State of Colorado, of the first part, and GrantA Knight and Harriett P. Knight whose 13 c dress jS of the County of Garfi d State of Colorado, of the second part: 1 ecordet.' 56F; PAGE 962 Recorder's Stamp MAR - 9 1981 frim onflortfror r@ WITNESSETH, That the said party of the first part, for and in consideration of the sum of r .e and no/10 (x1.00)--- DOLLARS to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said party of the first part has in and to the following described lot S pr parcels of land situate, lying and being in the Tocanship 7 S, ti.ange 95 W of the 6th -).141. County of Garfield and State of Colorado, to wit: A tract of land in Sec. 3 con't 37.4 A beg. on the W. line of said Sec. 3 thence North 475.2 ft; thence S 70051 E 1741.08 ft; thence N 86°01E 400.0 ft; Thence N 42°01E 940.0 ft; thence 3 967.8 ft; thence 850°0'W 760.0 ft; thence N68°01W 2201.1 ft to the P.OB. A tract of land in Sec. 4 const. 74.5 A beg. at the meander cor. on the E line of said Sec. 4; thence N88°0'14 2640.0 ft; thence S79°32'W 2686.86 ft; thence north 900.0 ft; thence N88°45'E 1,20.3 ft; thence N82°0'E 1333.0 ft; thence S84°20'E 1326.5 ft; thence S78°08 E 1349.4 ft; thence south 310.0 ft to the P.O.B A tract of land in Sec. 5 con't 53.6 A beg. at the meander cor. on the E. line of Said Sec. 5; thence S 63°0'W 2316.0 ft.; thence N 27°50''1 470.0 ft thence N 19°0'E 860.0 ft; thence N 71°05'E 800.0 ft; thence N 63°08'E 750.0 ft; thence N75°02'E 597.5 ft; thence south 930.0 ft to the P.0.B. Total Acres 165.5 also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set hand and seal the day and year first above writte Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 9th day of March 19 81 ,by Grant A. Knight My commission expires My Comminion 1 xpires April 10,1982 WITNESS my hand and official seal. Grant n 44 [SEAL] /). i ;r<�� [SEAL] [SEAL] ,•iO3 do ,>' • 'ublic. VI 0 11 No. 962. QUIT CLAIM DEED.—To Joint Tenants.—Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (673-6011)-7-78 • • GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE September 30, 1981 Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 ATTENTION: Mell Malley PHONE 945-8212 Dear Mr. Malley: This letter is in regards to the Grant Knight request for wells on parcels of land which were created by Garfield County earlier this year. The following sequence of events will hopefully clear up some of the questions: 1. The Knight's applied to the County for an exemption to create 3 tracts of land on February 6, 1979. This application was forwarded on to the Division of Water Resources for your review. A letter dated February 22, 1979 was received stating that well permits could be issued for these new lots. The Board of County Commissioners approved the subdivision on January 19, 1981. 2. The Knight's then approached the Board of County Commissioners requesting that two new lots be created. Since there was already a letter from the Division stating that you could issue new well permits on the previous subdivision, knowing that other well permits were still being issued in the area, and no evidence of a policy change by the Division, this application was not forwarded on to the Division for review. On May 18, 1981, the Board granted the approval of these two law lata. 1t _Cs these lots that the Knight's are requesting well permits. I firmly believe these permits should be granted since we were relying on pre- vious correspondence and knowledge of Division of Water Resources policy. Also, these lots were created prior to the June 12, 1981 letter stating no further well permits would be issued on small tracts. I hope that his helps clarify the situation and that the 2 well permits can be issued. If I can be of any further assistance concerning this matter, please feel free to contact me. Sincerely, Ray Baldwin Planning Director RB / lh cc: Grant Knight • • GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE April 28, 1981 Mr. Grant A. Knight 1845 County Road 309 Parachute, Colorado 81635 PHONE 945-8212 Dear Mr. Knight: Your latest exemption request was informally discussed with the County Attorney and County Commissioners on April 27, 1981. The Senate Bill 35 Exemption Process allows that three new parcels may be created without going through subdivision regulations. Because you are requesting that a fourth new parcel be created, it was determined that your latest request must go through the full subdivision process. I am therefore returning your applica- tion fee and the items needed for an exemption application. Davis Farrar of this office can explain all requirements for a sub- division application. If you have any questions on this specific request, please contact me at this office. TLB/tls encls. Sincerely, GARFIELD COUNTY PLANNING DEPARTMENT Terry L. Bowman Assistant Planner • Hook 248 Page 164 4,4 o'clock A M. Jan 25, 195111 Recorded at. ___ Reception No ... 7Q977 Chas, .5.,. ---Kaftan _Recorder. Tms DEED, Made this 13th day of January year of our Lord one thousand nine hundred and fifty between Grace r,dna Johnston and Charles C. Johnston County of Garfield and State of Grant A. Knight and Harriett P. Knight of the Colorado, of the first part, and in the of the City arid County of Denver and State of Colorado, of the second part: WITNESSETH, That the said part ie 9 of the first part, for and in consideration of the sum of -DOLLARS, Eighty-five hundred and no/100 to the said part les of the first part in hand paid by the said parties of the second part, the receipt wh i. hcrcb; confessed and acknowledged, ha A e granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described lot 8 or parcel 9 of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 2 and 3 and the SW*Nn Of Section 3; Lots 2, 3, 4 and 5, the SEINES, the SWINE* and the NWySE4, Sec. 4; Lots 6 and 7, Sec. 5; all in Twp 7 S., Rg. 95 W of the 6th P.M., containing 332.17 acres, more or less; together with water rights in those ditches known as the Wayne ditch together with the Rivers ditch as described in Document No. 24561 of records in the office of the Clerk and Recorder of arfield County, Colorado, also the Rivers ditch No. 2 as . -described in Ditch Statement which is Document No. 29758 of the records of the'1/4,lerk and Recorder of said Garfield County; together with any and all water and ditch rights of which the grantors herein may be possessed by reason !of the filings of'said ditch statements and all other ditch and water rights which belong to or are in any way appurtenant to the land hereinabove described. (Lot 5 of Section 4 Tp 7 S. R 95 W, 6th P. M. is also sometimes described as Lot 8 and as the NE4NE4 of said Section 4) ..y 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 part ie Sof the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DBBD.—To Joint Tenants.—The Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1846 Stout St., Denver, Colo. book 248 Page 165 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said nart i e S of the first part, for them sel V e s , t he i i eirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing anddelivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance in law, in fee simple, and ha V e 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, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ie s of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ie Sof the first part ha v hereunto set their hand S and seal 9 the day and year first above written. Signed, Sealed and Delivered in the Presence of 44#-tA_ . _ .. SEAL] L] [SEAL] - - • _ STAB OP COLORADO SS. City and County of Denver The foregoing instrument was acknowledged before me this 13th day of Jai uary A. D.1950 ,by• Crace Ldna Johnston and Charles C . Johnston My commission expires September 23 , 19 53 . Witness my hand and official seal. Notary Public. ns heti insert name or Mases; if ►y persons acting in representative or official capacity or as attorney - as esigutoN at arney-in-fast or other capacity or description; if by officer of corporation, then insert name presidentxlr other officers 3 corporation, naming a t..l C 1 4�` 4, 2vC G`. s A� z z J O 0 C)