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HomeMy WebLinkAbout1.0 ApplicationEXEMPTION NAME: ,J214,4e)ov-v /C17021 -- PURPOSE OF EXEMPTION: --24: 4 E �-2� -,?L , ,CA 20.3 .0,-4) -20,a- -2S -7' s P. Saw ZONING: A/R/ie� QUALIFICATION FOR S.B. 35 A>) itrz, fitiv-mrci ti)Viz / •v 7 3.3/ LOCATION��rrOF SITE: � 2 . 33 J ,53.110D-a6d1 j5+dy,c,;,14, WATER: JAitelb DIV. OF WATER RESOURCES RESPONSE:LMM.L1 ..A.c. • (114)) SEWER: -a9-4 . CHECK LIST: FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) i< MAP showing proposed lots and access .x DEED X VICINITY MAP NA 100 yr floodplain info. i� SOIL MAP PV/A IF community water, letter of approval from governing body COMMENTS: C iL‹.4. Z. C44' . j//9>7 (Se.c...n*AI 1- 7s R 9� 25 � achy-� kv) ' �. ��� A,6e1ti. c�� 00A4-ati? '11 ofic.„) BEFORE THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to Section 30-28-101(10) (a) (d) , C . R. S . 1973, as amended, and the Subdivision Regulations of Garfield County, Colorado, as amended, Glenn 0. Gaasch and Lois E, Gaasch, by their undersigned attorney, hereby petition the County Couiniissioners of Garfield County to exempt by resolution the subdivision of a tract of land containing approximately 223 acres into two tracts of land, one containing approximately 203 acres, more or less, and the other containing approximately 20 acres, more or less, as depicted on Vicinity Scale Map, attached hereto as Exhibit A, and defined respectively in green and yellow, from the definition of subdivision and subdivided land as the terms are used and defined under state law and under the Garfield County Subdivision Regulations for the reasons stated below: A. The property proposed for subdivision is split by the public right of way of County Road 331 into the divisions of land herein applied for, and the parcel to be subdivided as a 20 acre tract will be for conveyance to the son of the applicants, Kim Alan Gaasch. B. The 203 acre parcel which shall be retained by the applicants will be used as the residence and ranch of the applicants. The 20 acre tract to be sold, for one single family residential use. C. The proposed resubdivision will result in the creation of two tracts of land, each more than 2 acres in area, situated within agriculture/rural/residential zoning. D. The source of domestic water for each tract will be individual wells served by individual sewage system conforming with state and local standards. E. No live stream crosses or adjoins the proposed subdivision. F. Submitted herewith and attached as Exhibit B is the soil type map prepared by Soil Conservation Service. G. Attached hereto as Exhibit C are copies of the deeds indicating ownership of the subject property. H. Submitted herewith is fee in the amount of $70.00 payable to the Garfield County Treasurer. Submitted at Glenwood Springs, Colorado this 5i day , 1980. Gia s c and Lois E. Gaasch By Thomas W. Stuver #1411 Attorney for Applicants 120 West Third Street Rifle, CO 81650 Telephone: 625-1887 _, )j '60.95 /B5 EXHIBIT A T '[6257 •• • 1•• • • 6279 0 6329 • i' 2 \J/ —6355//b'J V l' 3 .1 6395 — 11k i .--2-(-')lam`. „ J• N / 7CN • • _ i 111 1 / � v cb X 7460 7205 \\ 11 - / ' 11 7290 7773 ��d a. _ ♦ y OWER MOUNTAIN) 4462 1 SW ALE 1 24000 0 269 270 40' 271 2720,0+. E M -h �.00—..tO C*4 ...rev t• •.•4....610.1 3000 4000 5000 7000 FEET 1 MILE RCA° CLA;SIFICATIC CUN'StVJLTION PLAN MAP Prepared by SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT o AGRICULTURE cooperating with - ------- _....SOUTHSIDE oe OMnrER.._......G.LE.N.N_...GA..ASG_H._...__._ ......._..._..._._.__7.._._ OPERATOR SA iNJ.E...'.................'....... ••-_,,........_ FARM Na _._.. _.._._ ....._ DAT C 1,...2- I2- /? GAR OPERATOR .. SCALE 8.'.`--.l.M•LE ACRE.......\ Ia.,, ........G.OLO R.A Q.Q............_ Na.'1- 60.. • el, 1.1, 1\tAt ..*.t•Z ItN44.t. t . l •:r il/ :ter -1-.-i--rr---- 7• �,.�, • • ,\ l i , • ‘It'r...i • •••••.; . -. fts• 0 ..• ' omit, ../',..tit, 'I, • f • •tit :,.. J� iLr 1 ti. A R * j' ' • :.. 3.• '••' - /,t Al .7.V.:.„ }'•: f 44‘,..:1 .• :. . • .,, • LA 1 • i; �` • 0, �� ,.t. • 111 `N::.I'S . f •• •.�I11• Y I. ♦�.}. 1 r, �R .rv{ ~• . ftj I•IY•f , el %;,r,i''b • ,.. •• ' t ' )0,4\lr, y :i4f. ii j4'•• ?i ' ? . t,,., •, 1;4 • 1 1';t-;tr a / ).• :`i t �' '1 'JI' 11 ' r • • .. •+r, ; 1, d.; fr•.' . r... •!...,.` 1 (' . '' •'' ty • !. r.. r.• 11. ,,1,4 5P/..;'!":.?....';: +L• • q� fA.)1;1 ••:t.r/..,: !ti'.tii, ,.r,,, 1 , of {..;' `r ' e • : y "• • • . t 5 1 -'1;1,N'•o J• l• �' . •i�}V'i�-'g l,• 'I,1�(�'. fi �I�►1�11 ' .:.Lk, r. � a K:.;� �`y f ,ri}. / • �. h �l• T'p'I ,��• `f'}N�IOry ".pst t.O two •,;; �,• ,►:'•"•' •.tii I. • 1�, 1 f!'.w•• 1•r ' �'�� �1'• �~,'t"5Y• i i" .{LJ �y'{Ir''T 1 �l jj• (�� • •., w " •,1 •, •���•� ; +f -1Ir'' AEEP'► �(�AIVI� � u Ve t��r 11���1r�• . $.• EXHIBIT B. st 1 • di i - �1▪ �}! • • i ,1 •( •MI. Pi. �' Y1 ,,•i1$1.i11,��•' 1•. 1 r */1Ivi..,. '!, 11'4,4. ;%4‘. . . I• * 1 1."440 Z':4 %''k- 1.: • 1 11 '..1..); " • ..0.,....• ‘‘) ' 1 ! ' .'"1 \ :44• .* ,.t.P,,,, •,.. .4! ..e..,/.14 . z '. ta• .ut.1.44 ,r*. : 1. k..44'...::: ..$.4 i l.s aP ,• r,, z t. 1 ` ``• ,C t. ,,,,.4•414i, 1\. .• • • . • , , wArz.,,,;,,,. -4, t- ,..,c. . ,, . Alk•t,„\.. s .\.,,:. .• S. . ' 4 ik 4,3'1 ' ' t 0 ') •tri; ) ,t" ''t‘. ▪ • e 1•�a .. ♦ .�t L i• • rr 'ft r„,,' 711f.•..•sf:ikrAl i) N.,....-: ••,,t,p.,t.,/.. ..-..... •• f : r.;.,11.1....11.•••• ll•i f` "_• .i�•, ''. i • ••�Ds ,;(14,1-; �(��• '�'5' .YS IRRIGATE • i !. `!, ?i',i' . :t_. 'r��'�tLAND ?jti ✓r.;•?„‘';� 1r'•.,'A4,-; . 4,,- 00 AC• -•'r 1:•7 ; .„ • r,{� ,• •, r I4Pia•••' i . • • . .4:"„„,. 1 ..I. •,t.1 1 ,../ + �tf % ! . 9. . ';+ 0: • •rL t. ;r: 4. �_�•'• '• • Z1 r. • • • AN {rte wr '�4 +xy'�: Eccordc d o'clock ti • 111., 01.1I1( � ? , 1 7 Reception Iro 24 696 Chas.S.Keegan, Recorder, Book 402 Page 4+93 `TIS DEED, Made this 13th day of June in the year of our Lord one thousand nine hundred and sixty-four between JOHN W. ANTHONY of the County of Garfield and State of Colorado, of the first part, and GLENN 0. GAASCH and LOIS E. GAASCH No 51-S Doib.#243696 of the County of Garfield 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 valuable considerations bo>;mirs; to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is. hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do e s 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: STATE OOCUMENTARY FEE JUN.25 1969 The SEkSEk of Section 21, SW3SWk of Section 22; N-ZNW3 and NWkSWk of Section 27 and E1/2E1/2 of Section 28, all in Tp. 7 S., R. 92 W., 6th P.M., containing in all 360 acres of land, more or less, according to the U. S. Government Survey thereof. Together .with anyandall water, water rights, ditch and ditch rights -of- '. way,thereunto appertaining or used in connection therewith, including by way of example but not by way of limitation 10 shares of the capital stock of the Divide Creek Highline Ditch Coinpany; subj ect to a prior mineral reservation of one-half of ,r all oil,. gas and"other minerals, road rights-of-way and easements "of record and subject also to all 1964 real property taxes due and payable in 1965, together with all D64 water assessments, toll fees and maintenance charges and all subsequent real property taxes, -water assessments, toll fees and maintenance charges. Subject also to a reservation in favor of Grantor of an undivided one-fourth interest in and to all oil, gas and other minerals lying in and under said premises, it being the intention of the Grantor to convey to the Grantees an undivided one-fourth interest in said oil, gas and other minerals. EXHIBIT :C • 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 y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—To Joint Tenaota.—Bradford-nobinaon Prlotiny Company, 1824-48 Stout Sin -et, Den•ar, Colorado 94TOBook 402 Page LI-94- 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 enid part y of the first part, for hirnsel f his heirs, executors, and: administrators, Ido es covenant, grant, bargain and agree to and with the said .parties of ,the second part, their heirs -and ,assigns, that iat :the time of the ensealing and delivery of these presents, he 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, bargain, sell and convey the same in manner and form aforesaid, and that the Qame aro free and clear from all former and other grants, bargains, sales, Bens, taxes, assessments and incumbrances of whatever kind or nature, soever, except as above noted 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 ha s , hereunto set his hand ander seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, .1 .• ..y�T�f�,�-r✓,1,�.. County of • Garfieldgls. itrument was acknowledged before me this ,•by* rJchn W.Anthony. 3 •s•� .NaniasgYn �,Ypirea • •�� '7, 0F,,.‘'�•• 9 /3 /7 [SEAL] [SEAL] [SEAL] day of . Witness my hand and official seal. 0721 .121, f_; Np ry _Public, If by natural person or persons Derr insert name or names: if by Darvon■ acting in representative or official capacity or as attoroey-in- a ct. then invert name of person ss executor, rttorney-In-fact or other capacity or description, if by officer of corporation, then insert name of •uch offlcor or officers, as the president or other officers of such corporation. naming it. • Filed for record June 25, 1969. at 9:30 o'clock A.M. and recorded in Book 402 at page 493 thereof. 0 z H 0 6 z 0 • •J J. z .00 a0. IH. CO.. •[wv[l Nl y c: (G g 9 Pae at Doc . .30 -11 1 I WARRANTY DEED CHARLES J. O'CONNELL and DANIEL "_' O'CONNELL whose address is 418 East 1st , City (or- Town) of Rifle , County of Garfield , State of Colorado r for the consideration of $5,000.O0, in hand paid, hereby sells(s) and convey(s) to GLENN 0. GAASCH and LOIS E. GAASCH as joint tenants whose address is 9857 331 Road , City (or Town) of Silt County of Garfield , State of Colorado , the following described real property in the County of Garfield , and State of Colorado, to -wit: That part of the SW1/4 SW4, Section 27, Township 7 South, Range 92 West of the 6th P.M. lying Northerly and Easterly of County Road 331. Reserving to the parties of the first part, their heirs, successors and assigns, an undivided one-half of all of the minerals in, on and under the above described property. This correction deed is given by the grantors and accepted by the grantees, to correct errors which are contained in the original warranty deed recorded in book 532, page 643, Garfield County records. (Mailing address of grantee(s ):9857 C.P., 331, Silt, C0181652 ) with all its aourtenances and warrant(s) title to the same, subject to 19"D property taxes and assessments, easements, right of way, restrictive covenants of record, reservations contained within the United States patent to the subject property Signed this 2O day of May STATE OF COLORADO ) )ss. COUNTY OF GARFIELD) The foregoing instrument was ' day of May , 19" , by Daniel T. O'Connell. 19 80 Charles ,7 . O'Connell 0,/,,,,f/.7: Daniel T. O'Connell ` acknowledged before me this 20 Charles J. O'Connell and WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: (6//0 Not:ry Public RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES fr/ �:. JCC 181g8a J. A. DANIELSON State Engineer Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 July 15, 1980 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: G4Rfi/t4D Re: Gaasch Exemption We have reviewed the above referenced application for exemption. The wells proposed as the water supply would intercept ground water which is tributary to East Mamm Creek, and over -appropriated stream. Since additional wells would cause injury to senior vested water rights, well permits cannot be issued by this office and we cannot recommend approval of the Gaasch Exemption. We wish to point out that domestic wells could be issued on tracts of land on 35 acres or more in size. If the parcels were of this size, we could issue well permits. HDS/GDV:pkr cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours, 27,. Hal D. Simpson, Chief Water Management Branch �D Recorded at o'clock M., Reception No. _Recorder. THIS DEED, Made this 2 F/4 day of C C -f , 19 80 , between Glenn 0. Gaasch and Lois E. Gaasch of the County of Garfield and State of Colorado, of the first part, and Kim Alan Gaasch whose legal address is 9818_C-6_ ad. -331 - Silt, CO 81652 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said par3-eS of the first part, for and in consideration of Ten Dollars and other good and valuable consideration DOLLARS to the said part ies of the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha Vegranted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, hiS heirs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: The following real property in the County of Garfield, State of Colorado, to wit: That part of the SW 4SW 4 and the NW 4SW 4, Section 27, Township 7 South, Range 92 West of the 6th P.M., lying northerly and easterly of County Road 331. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, 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 pard.es 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 party of the second part, his heirs and assigns forever. And the said part ies of the first part, forthem selves heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said party of the second part,hi S heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as 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 of naturesoever. Subject to the 1980 general property taxes, patent reservations, restrictions, easements and rights of way of record, and prior mineral reservations of record or in place and in use, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set the LmandS and seal S the day and year first above written. STATE OF COLORADO, County of GARFIELD The foregoing instrument was acknowledged before me this ( day of 1980 .by Glenn 0. Gaasch and G,Lois E. Gaasch. /l �— . 18 . Witn 1 SS. 11111 Oki At 4e (SEAL) Gleti'r,!`! as1 h -,l V ! -et a_.-ro i (SEAL) Lois E. Gaasch (SEAL) My commission expires y hand and official seal. Notary Public. No. 832 WARRANTY DEED.—For Photographic Record— Bradford Publishing Co., Denver, Colorado 11-79 /4 tea, (4 is q9 Peii. 00c. 3 0 y / l l WARRANTY DEED CHARLES J. O'CONNELL and DANIEL T. O'CONNELL whose address is 418 East 1st , City (or Town) of Rifle , County of Garfield , State of, Colorado f for the consideration of $5,000.00, in hand paid, hereby sells(s) and convey(s) to GLENN O. GAASCH and LOIS E. GAASCH as joint tenants whose address is 9857 331 Road , City (or Town) of Silt , County of Garfield , State of Colorado , the following described real property in the 1 County of Garfield , and State of Colorado, to -wit: That part of the S6]1/4 SW4 j Section 27, Township 7 South, Range 92 West of the 6th P.M. lying Northerly and Easterly of County Road 331. Reserving to the parties of the first part, their heirs, successors and assigns, an undivided one-half of all of the minerals in, on and under the above described property. This correction deed is given by the grantors, and accepted by the grantees, to correct errors which are contained in the original warranty deed recorded in book 532, page 643, Garfield County records. (Mailing address of grantee(s ):9857 C.R, 331, Silt, CO -.81652) with all its agourtenances and warrant(s) title to the same, subject to 19°D property taxes and assessments, easements, right of way, restrictive covenants of record, reservations contained within the United States patent to the subject property Signed this 2O day of May , 19 90 . STATE OF COLORADO ) )ss COUNTY OF GARFIELD) Charles O'Connel -v7` Daniel T. O'Connell The foregoing instrument was acknowledged before me this 2O day of May , 1980 , by Charles J. O'Connell and Daniel T. O'Connell. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 441lN.441)1(0i172 - Not r ot:ry Public