HomeMy WebLinkAbout1.0 Application;JEFORE THE BOARD OF COUNTY COMf:I SS IONERS OF
• GARFIELD COUNTY, COLORA •
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned__-
-___ '� �•�� respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by ,
Resolution the division of :56 acre tract of land into tracts of
approximately2)A /(ice acres each, more or less, from the definitions of
'subdivision' and subdivided land' as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
Z ( t/ r41e,-L 4? -a-
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1'=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B . Vicinity map at a minimum scale of 1'-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a -letter
from the property owner(s) if other than the applicant; and
D . Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
E . Evidence of the soil types and characteristics of each type; and
F. ?roof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G . If connection to a community or municipal water or sewer system
is proposed, a letter from the governing 'body stating a
:willingness to serve; and
H . Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J . A 5100.00 fee must be submitted with the application.
T J13/45
YtLJ)L t i/ &.7 It -Lf.
Petitioner
E'/2:3 'Zig , «e,7/
Mailing Adress JJ ,,��^^
City State
---2(- 300
Telephone Number
• •
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines thtt such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. A11 Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D . Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E . A11 state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G . Fire protection has been approved by the appropriate fire district.
H . Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is 5200.00 for each new lot created).
PROCEDURES
A A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B . The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
• •
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to ownrs°frecord
exemptionnd tom mrineralyowners and
adj
and within 200 feet of theproposed
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously,visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15)andhaot
t
more than thirty (30) days prior to the meeting. The app
licantbe responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
ck
2' 3, s3
2l ��l
,.,1•:.
-32
4p)1'115:1
't
fr
I �� . Oa<o l 6 j
'�
z. ,
r -P-1,..:-% Q
z33-2., a -A 120
9 .�
s54G450o"w
• - ,439.671
. - • �
0
0
t(1
L
•
B70 tab' o2 "w
M M # x X
X73.. 5c' i
31°
7a°45' 49w 65.77'
2)o1 e v\/ c 9.23&
r •
Property Description
A tract of land situate in tot 2 and the SW 1/4 .of the NE 1/4 of
Section 5, Township 6 South, Ranee 91 West of the 6th Principal
Meridian being more particularly described as fnlion's.: Begin-
ning at the intersection of the easterly line of said SV 1/4 of
the NE .1/4 and the centerline of the Ware (el Hinds Ditch whenc the
East 1/4 corner of said Section 5 bears S 70°39'03" E 1405.26 feet;
thence along said ditch centerline the following courses: S 5)1
45'00" W 69.87 feet; thence S 62°59'57" W 662.95 feet; thence
78'45'49" W 65.77 feet; thence S 87°45'56" W 109.32 feet; thence
S-31°30'18" W 69.23 feet; thence S 36°13'53" 1-! 77.71 feet; thence
5 89°16'02".W 373.36 feet along a fence line to the easterly side-
line of a 20 foot strip of land described in Book 179 at paoe 551
of the records of the Clerk and Recorder of Garfield Cc::nty, Colorado;
thence along said easterly sideline -NN 00°36'45" W 747.15 feet t,
a point on the southerly line of a tract of land described in Docu-
ment No, 175207 of said Garfield County records; thence along said
southerlyl isle S 59°32'19" W 23.06 feet to the westerly line .of
said SW 1/4 of the NE 1/4; thence N 00°36'45"-W 1944.79 fee`_ along
the westerly -line of said SW 1/4 of the NE 1/4 and the westerly
line of,sai.d;tot.2 to the Northwest corner of said. Lot 2; thence
S 89'17'22".E 1313,64 feet alone.• the northerly Tine of said Lot
2 to the -NE-corner-of said Lot 2; thence 5 00'45'00" E 2167.59 feet
along the easterly line of said '.et 2 and along the easterly line
of_said x_.1/4 Of the NE 1/4 to the point of beginning.
r.Ycept those portions thereof c'veyed out by Document Nos. 172601,
6 -f,-v
Cv t*-.
IT5 °71 2o-.S.l.3J biOb6
•
:
T1 A.r 1t.L 1974-
A. -T-
974 I 'T� IGZ CT]✓D TH
•
7_
Dean SL,:
Due to ad vaned mq age and 4.LL health 3 art- o1 tLg ed' to d4.4p.o4e
of my_ ranch 124.op.e4.4. Located west hew Ca4.tLe ,in the Peach
UaLLe t area.
3 have Luted the Rnapeittg wt h mg. 4tend Xenneth KoLLenhaugh
of Centw t 21 7:eaUtti and have neque4ted h,i.m to phox,t ion me at
th44 hear i mq 4.egaitdi.nq the nu tele c.f. a watev weLL .(on the 25 cute
aLLatf a (-ieLd pa tceL.
loe Dice my, ne i,qh ban who ha4 been ..faYmin.g, th-t , acenage
;on 15 qea ; on mane ha4 aqAeed to acctu rte th,i4 p.nopee-tty. an a.. ten
e`ean Lea ccn.t/tact. He ha4 no need' n' 4 eteLL , wit doe4 he
de4tAe one.
Yowl dec4.4.ion to p.atced thi4 cetea as amteLv itatkota
ion. a water xett. purr t w.W be aplvtec ated, and ob4. 4e.
LLouA a tJu I4
need
0
5 chz. GLRe(,)
141),16.6c1 ---f- 6 0bc,
(;18�
4,2 t) 4 t�.�
mit c1,29- 6(2_3 2-/%
G--r�e (nrya2e.d2 Pte '1-tx-e C-iiir4 1 4)
t)-0-
P 41 21,f- a.
I ✓r'1 u pG jv�(� I N Q�t l.^ 4 C� i i� G� A'1
I:4-044te4 51ter 5-1(Te.4, AAA& y
wte. 5 i N Aa-kGam' AP '
ati
-5,2"t
LYAA—
3iIt-Mw caRiQ FPD
P.O. Box 216
Silt, Colorado 81652
August 19, 1985
H.J. Gamba
c/o Ken Hollenbaugh
Century 21
931 Grand Avenue
Glenwood Springs, CO 81601
RE: Subdivision Exemption
Dear Sir:
The Silt -New Castle Fire Protection District has no problem with your
proposed subdivision exemption.
Sincerely,
Keith Crandell, President
Silt -New Castle Fire Protection District
• •
William Garlitz
6023 214 Road
New Castle, Colorado 81647
David Gibbens
5991 214 Road
New Castle, Colorado 81647
Dr. Don Chapman
6105 214 Road
New Castle, Colorado 81647
Lee Worden
6063 214 Road
New Castle, Colorado 81647
Richard Marr
37659 U. S. Highway 6 & 24
New Castle, Colorado 81647
OIL AND GAS LEASE
Snyder Oil Company
1800 Glenarms Place
Denver, Colorado 80202
"c; 3l tire. v. OY D_
�L>6f- Chas. 3. KeeganPage 521
Reception bit
.....Recorder.
THIS DEED, Made this 3cit}; day of October
in the year of our Lord one thousand nine hundred and
between
EDWARD L. GREENE and LORENE GREENE
of the r County of Garfield
and State of Colorado, of the first part, and
H. J. GAMBA AND FRANCES L. GAMBIA
of the County of Garfield
and State of Colorado, of the second part:
WITNESSETH, That the said part of the first part. for and in consideration of the sum of
Ten Dollars and other good and valuable consideration
SOLI ARS,
to the said part les of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
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 folioveing described lot or parcel of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit: Lot Two (2) and that part of the SW4NE1/4 of Sec. 5 , Tp.
6 S., R. 91 W., 6th P M., described as follows: Beginning at a
point pn the center line of the Ware and Hinds Ditch whence the
East Quarter Corner of said Sec. 5 bears S. 70°00' E. 1406.5 feet:
thence S. 54°27' W. 249.8 feet; thence S. 70°50' W. 162 feet; thenc
S. 40°38' W. 176 feet; thence S. 72°30' W. 230.7 feet; thence N.
67°25' W. 95.5 feet; thence N. 87°50' W. 50.5 feet; thence S. 31°
30' W. 100.0 feet; thence S. 9°31' W. 39.7 feet; thence N. 89°28'
W. 407.5 feet; thence N. 0°01' E. 703.0 feet; thence N. 36°40' W.
42.0 feet; thence N. 0°40' E. 1946.8 feet; thence S. 88°40' E.
1319.4 -feet; thence S. 0°07' E. 1400.2 feet; thence S. 0°12' W.
780.3 feet; the point of beginning, except those portions thereof
conveyed out by Document Nos. 172601, 175.207 and 205513, containing
73.893 acres, more or -less.
There is also hereby conveyed 32 shares of the capital stock of
the Roseman Ditch Company and the ditch and water rights belonging
thereto.
There is excepted herefrom one-half (1) of all oil, gas, hydro-
carbons and other minerals in, on or under the above described
premises for a period of twenty-one years from date of August 15,
1963, and as long thereafter as production is obtained therefrom.
There is also hereby reserved unto the .:rantors herein one-halfO
of all interests,both present and reversionary, of the said
grantors, in and to all oil, c;as, hydrocarbons and minerals in,
on or under the above described premises.
1-,A7
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remaindera, rents, issues and profit, thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said part ie9of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 76S. WARRANTY DRF..D—T. J.lat Tenant, --Bradford-Robinson Printing Company, 1S24- 46 Stout 8:r..t, L.n..r, Co3or.do
Book 361
Page 522
TO HAVE AND TO HOLD the said premises above bargained and descbed, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said part iesof the first part, for
them Bel Ves heirs, executors, and administrators, do 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 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 ha ve good right, full power and lawful authority
to grant, bargain, Bell and convey the samg in manner and form aforesaid, and that the same are free and dear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, except general taxes for the year 1964, due and payable in
1965, which the grantees herein as ume and agree to pay,
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 les of the first part shall and will WARRANT AND. FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand s and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of Garfield
[SEAL]
Edward L. eene
[SEAL]
Lorene G ne
SS.
The foregoing instrument was acknowledged before me this 30th
1964. Edward L. Greene and Lorene Greene
.ti :t,r^.�1$' expire -5
r Ian. 11, 1967
` `, •
[SEAL]
day of October
, 19 Witness my hand and official seal.
Notary Public
elf 'VI:. \akir:e er persona here Insert name or name.: if by penes• acting' In repre•entttle• or official capacity or e. attorney-In-f►et,
taws b d Wiese ea executor, attorney-in-fact or other capacity or ele.cnption : if by officer of corporation. then insert name of such
officer or eCT1lsR ea teer pre.dbea+t or other °Moen of •ucb corporation, naming It.
O
STATE OF
7
0
0
d
a
I hereby certify
._...M., and duly recorded in
O
be
rO'
n
S1
rcCR
0
Li
•
. O r
Wet
1