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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to Section 30-28-101 (10) (A) (D) CRS, 1973 as amended and the subdivision regulations of Garfield County, Colorado, as amended. Eiiuila Dwire, by her undersigned attorney, hereby petitions the Board of County Commissioners of Garfield County to exempt by resolution the re -subdivision of a tract of land containing approximately 11.54 acres, into two tracts of land, one containing approximately 3.6 acres, more or less, and the other containing approximately 7.8 acres, more or less, as depicted on scale map attached hereto as Exhibit A, 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 has been under the same ownership for at least seven (7) years, and no earlier division of property has been applied for. The division proposed will not create more than three (3) new tracts under 35 acres in size. B) The proposed re -subdivision will result in the creation of two (2) tracts of land, each more than two acres in area, situated within Agriculture Rural/Residential Zoning. C) Parcel No. 1, which shall be retained by the applicant, will be used in conjunction with the home of the applicant situate on Lots 1 through 4, Block 13, the E & J Addition to the Town of Silt outlined in yellow on Exhibit A hereto attached; Parcel No. 2 will be sold for one single family residential use or for annexation to the Town of Silt and subdivision pursuant to the procedures and ordinances of the Town of Silt. • • D) No improvements are proposed for Parcel No. 1; if any improvements are built upon Parcel No. 2 prior to annexation to the Town of Silt, such improvements will be limited to a single residential unit serviced by an individual well or the Town of Silt's municiple water system and an individual sewage treatment system or the Town of Silt's sewage treatment system; in the event Parcel No. 2 is annexed to the Town of Silt, sewage disposal and provision for municiple water would be provided according to the policies and ordinances of the Town of Silt. E) No live stream crosses or adjoins the tract. F) In support of this petition the applicant also submits the following: a) Copy of abstract entries indicating ownership of the property and tax notice b) Vicinity map c) Fee in the amount of $62.00, payable to the Garfield County Treasurer Submitted at Glenwood Springs, Colorado, this day , 1980. Euuua Dwire By: -2- Thomas W. Stuver #1411 Attorney at Law 120 West Third St. Rifle, CO 81650 • • ,........er .,..."‘ \ I .- 4-- \ _____, ..,....,-;-, _ • .. • t-lt - - ...F".-- ;.,"7.-„,?,......--....--- I , i P.- *-----'-`--- . / # i • . 3 1 •• \ \,___ 1 • . 4 i 4 4 • AN, • •• 4? z 0 . saoo (> 7- '0 • t t ,-Trm 1 , & • --. co 1 , "...‘ '1. • 7? -1, 1 3 --.,,--/ • k• --- --c \\ .___„...„\ „3,_..,,, : 43, •:..„ -. _.__ - . ‘....„ 2 -'-it .: ! 1 -•----.., .. —... . . -\ z"-• -`2' t 70I) " —, 1 ,•\ 4 'A '-' fit ; - ; / • • \ ,• ••• /0 0 z r :11 0 0 f- - (4) NEWCASTLE 5 MI. GLENWOOD SPRINGS 17 MI. 1 4 1111' 13 • 2 Li. 5 50' 25' 5 1 ( 4. AVE._ // 12 11 10 20 6 I 1 05 19 18 17 16 15 '4 13 3 AVE 12 18 tC) 7 16 / /5 15 4 13 / 0 0.1 LC) • r - g - pc ( (J) •• !WOOD PRINGS, COLORADO 81601 x2401/91, 2551424 DWFRE, JOHN I. & EMMA SILT, COLO. 81652 2179-034-00-005 6-92 SEC. 3. A TR. OF LAND CONT. 11.54 AC. IN THE SEI. BEG. AT A POINT 'WHENCE THE SE. COR. OF SEC. 3 BEARS S. 35°24' E. 1367.5', THENCE S. 89°17' W. 115.4', THENCEJN 62°15' W. 141.92', 1979 10 2-HC(S-F THENCE N. 07°53' E. 243.14' TO THE N. LINE OF THE S. 100.08 OF THE W. 520.0' OF THE NESE, THENCE W. 1136. 68', THENCE S. 50' M/L TO THE NW Noto,C N°.____— —.-. JAN - 1980 NOTICE Your taxes for 1979 become due January 1, 1980. One half becomes delinquent on the first day of March and draws interest at the rate of 1 percent per month to July 31. The balance becomes delinquent on the first day of August when the entire amount draws Interest at the rate of 1 percent per month or 12 percent per annum. IF ENTIRE TAX IS PAID IN ONE PAYMENT BY APRIL 30, NO INTEREST IS CHARGED. COR. OF LOT 1 BLK.^14 OF THEA 6TH E& J ADD. TO THE TOWN OF SILT, THENCE S. 88°54' E. 350. 99', THENCE N. 89°20' W. 358.13'1 TO THE NE COR. OF LOT 21, THENCE S. 00°07'E. 144.73',THENCE S. 45°07 07'10" E. 35.35' TO THE NW COR. OF LOT 4 OF BLK. 13, 5TH E & J ADD. TO THE TOWN OF SILT, THENCE E. 100' M/L, THENCE S. 155', THENCE U 200', THENCE S. 1025',THENCE E. 280' M/L, THENCE N. 1090' TO THE P.O.B. TOTAL 11.54AC. 4070 Return this notice with your remittance. Payment by check subject to collection. COMPUTATION OF TAX LEVY Real Estate Personal 7 VALUATION -VD 70 FIELD COUNTY ,1WOOD SPRINGS, COLORADO 81601 TAX DUE TAX NOTICE 1979 DWIRE, JOHN & EMMA BOT 131 SILT, COLO. 81652 2179-034-01-001 10 2S-4 6-92 LOTS 1-4 BLK 13. 5TH E & J ADD. SILT 6470 MnTtrc Notice No .7//0 JAN - 1980 NOTICE Your taxes for 1979 become due January 1, 1980. One half becomes delinquent on the first day of March and draws interest at the rate of 1 percent per month to July 31. The balance becomes delinquent on the first day of August when the entire amount draws interest at the rate of 1 percent per month or 12 percent per annum. IF ENTIRE TAX I5 PAID IN ONE PAYMENT BY APRIL 30, NO INTEREST I5 CHARGED. Return this notice with your remittance. Payment by check subject to collection. COMPUTATION OF TAX TOTAL TAX DUE NOTICE SENATE BILL 114 — SECTION 137-10-5 PAYMENT ON ALL TAX TOTALING S25.00 OR LESS MUST BE PAID IN FULL. LEVY VALUATION TAX DUE eal Estate /0/. 9 4/77 �� C cr ersonal pecial • TOTAL TAX DUE NOTICE SENATE BILL 114 — SECTION 137-10-5 PAYMENT ON ALL TAX TOTALING S25.00 OR LESS MUST BE PAID IN FULL. No. 50 Howard E. Raley, Sr. Doc.#17436and Angelina A. Raley WARRANTY DEED -JOINT TENANTS Dated December 7, 1950 Acknowledged December 7, 1950 To before Mary Elizabeth Schutte John I. Dwire and Notary Public, Garfield Count" Colorado. Emma Dwire Consideration $1.00 Revenue $4.40 Conveys unto the said parties of the second part, not in ten- ancy in couuuon, but in joint tenancy, the survivor of them,their assigns and the heirs and assigns of-wich'survivor forever, all the following described property, The SW*SW4 of Section 2 and a strip of land 800 feet wide off the east side of the SE4SE4 of Section 3, all in Tp. 6 S. R. 92 0 W. 6th P.M., EXCEPT that part or portion of said SE4SE4 of said o Section 3, situate, lying and being west of Pretti Gulch and more particularly described as beginning at a point on the west side 0 of a lane now constructed and in use, whence the Southeast corner of said Section ears 3 b South 39°52' East 1235.62 feet; thence 0 1 OLE NWOOD CO MP ANY, North 24°33' East 140.1 feet along teowesterly line lofylsaid olane; thence Northtl°42' East 173.38 feet along the rly wsaid lane; thence North 35°38' Westo10Ea0t89c8 feetalong thethe ewes line of said lane; thence North 2°59' terly line of said lane; thence West 10.33 feet andndthenteiSout 0017' West 472.56 feet to the point of beginning, .41 of an acre, more or less. Also, all of first parties' interest ditch isand No� 15the natheand decres Hinds Ditch and water rights, which of the District Court for Water District No. 39, and the water hereby conveyed being understood to b21/50oof ftone y cu is foot a water per second of time out of andfrom sufficient interest in said ditch to carry said amount of water; and there is also hereby conveyed all of first stepartid es' right, title and interest in and to the seepage, o that collect in a draw above and to the north of the lands here- " by conveyed. 1950, executed by the Except a deed of trust dated April 15, said parties of the first part to the Public Trustee of Garfiel County , Colorado, for the use of one G. Foughier to secure gra- ta_ ntors' note bearing even date therewith for the principlsum of $3,000.00 which the said parties of the second part, grantees herein, assume and agree to pay. The said deed of trust appears of record in the office of the C1e171872 Recorder of in Book 249pageield 59 County, Colorado, as Document No. thereof. Filed for record December 7, 1950h t4:50 o'clock P.M. and recor- ded in Book 255 and page 424 '.n EXEMPTION NAME: evywy-N.A% LLA -AX. PURPOSE OF EXEMPTION: 1 ,cy�Gc-fir //. 5 L Q,Cj eA d&v1,f(2/ 3- 6'e .6kr ZONING: A/X/4 QUALIFICATION FOR S.B. 35 LOCATION OF SITE: 2 ""YYln. 0v•7• WATER: 9r-,zow,t4atetcrte% DIV. OF WATER RESOURCES RESPONSE:ClopopAAJZ SEWER: CHECK LIST: x FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) x MAP showing proposed lots and access DEED iC VICINITY MAP 0(f/A 100 yr floodplain info. SOIL MAP 0�/ IF community water, letter of approval from governing body COMMENTS: Va/r° •cccp run .s O. ._ 11 . aa •. • • . • • Recorded a1 THIS DEED, Made this 19, 8Qbetween Emma Dwire — j r,1►�. 'I._ ' ecur er. o'clock M., SEP 2 2 r-,.,' day of of the County of Garfield and State of Colorado, of the first part, and James E. Stevens and Billie Rae Stevens whose legal address is '..k RECOIM E ICS STA MP SEP 2 2 :Fs: 556 p..17E433 of the County of and State ofColorado, of the second part: WITNESSETH, that the said party of the first part, fur and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration to the said part y (Attie first part in hand paid by the said parties of the second part, the receipt whereof is hereby ,! confessed :rid acknowledged, has granted, bargained, sold and conveyed, and by these presents doeS 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: DOLI.ARS, That real property described on Exhibit A, attached hereto and incorporated herein by this reference. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in an) wise 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 part y 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 alive bargained and described, with the appurtenances, unto the said parties of the set and part, their heirs and assigns forever. And the said part y of the first part, fur her sel f , her. heirs, ev,ecutors,arid :a,!rninistratorsdoeS co%enant,grant, barg:dr,and agree toand with the said parties .of the second part, their heirs and assigns, that at the time of the er.se•aling and delivery of these presents she is we!! cci:ed of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, arid has gond 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 of er rants hargair,s,.al.•* 1 o t:axes,a:secs untandencumbrancesofwhateverlandurnaturesoe•ver. ubject to the 130 general property taxes, patent reservations, utility and Glitch easements and road rights of way of record or in place and in use; and the above bargained premises in the quiet and peaceable possession of the said parti••s 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 hag hereunto set her hand and H seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OFCOLORADO S5. _County of ,_GARFIELD Emma Dwire The foregoing instrument was acknowledged before me this 198Oby Euuna Dwire. ......, ..3 commission:eacyires t� t 'Nays 'c ISF:ALI )SEAL) )SEAL) (-- day of cr. 1. 19 . Witness my hand and official seal. No. 921. tt AIM &NTT DEED To Joial Tensaw — II 001•71 hNnAiey, 1343 Wes) 141 0* me, Golden .-tolos sdo 10101 —13031 111 6144 — + 1:• 1' EXHIBIT A BEK 556 PnE434 A parcel of lend situated in the SE'1SP. of Section 3, To.vnship 6 South, Range 92 1,:cst of the 6th P.N., Garfield County, Colorado, lying westerly of the westerly line of a parcel of land desrri! .ed by Coen -lent 'b. 174360, 243113, and ?83.03, so!itherly of the northerly bank of the '.pare and Hinds Ditch, as described by Pocu,dent No. 2.48914, and easterly of the easterly line of the E and J Addition to the Town of Silt, Colorado. A11 said docu.'.ents and addition as filed in the Garfield County,.Colorac'o records. Said parcel of land is pore fully descrii;ed as follows: Beginning at a taint on the south line of said Section 3, whence the South.'ast Corner of said Section 3 bears: N. 39'43'45' E. 800.00 feet; tt;,.oce S. '.9'13'45' W. 23.3.74 f -,et along the south line of said ¶Pction 3; cte 1. 00'13'/.0' W. (record North) 44.63 feet to the Southeast Cowper of said :,.'clition, said corner being a No. S rcbar with an a1'rainua cap as found in place; 00'21'30" W. (record ':orth) along the easterly line of said Addition t' , ugh existing Lot and Block cornc;rs as round in place, 1119.93 feet to a font on said northerly ditch hank; t': ., e long said '!itch -ani: '1. 34'13'46" F. 32.04 feet; 1. 66'45'00" F. 16.33 feet; nce S. 74'23'33" E. 12.29 feet; t;,, nee S. 50'43'06' E. 24.14 fret; t'—r N. 82'10'40" F. 27.91 f, --t; S. 41'39'3)" F. 51.01 f' 't; .:ce S. 5:•';'6'03" E. 32.57 f. -t; S. ; i'41'12" E. 22.99 f< •t; t:. ,:c_e 1. 15'12'54" F. 42.24 foot; S 35'13'0a" E. 42.53 feat to a ;-;. int on the u,s terly line as descri' -.J Laving •:,• i,1 ditch `.auk, S. 0'4'33" F. (Record Couth or S. 0r4'14' E.) said t rly line, 1101.20 f.'t to the point of bolih:,ing. '•!Y CF 5 I ', ► t CF C'3L ;RA )O Tc, r!1er ;:i t•h `lye 31:;,rrs iit e=nd }finds 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 August 20, 1980 Mr. Davis F. Farrar Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Dwire Exemption Dear Mr. Farrar: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced exemption application. The developer proposes to use wells for the water supply which would intercept ground water tributary to the Colorado River at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot pur- chasers and we recommend approval of the Dwire Exemption. HDS/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours, Hal D. Simpson, Chief Water Management Branch �I £A22 19•! OARFIELO Lug PLANNER