HomeMy WebLinkAbout1.0 Applicationoo
BEFORE THE
IN A}ID
IN THE IVIATTER OF CERTAIN
PROCEEDINGS: EXEMPTION
By:
ANNELIESE K. ALLEN,
Pe t it ioner.
BOARD OF COUNTY COMMISSTONERS
FOR THE COUIiITY OF GARF'IELD
STATE OF'COLORADO
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PETITION FOR EXEMPTION FROM
SUBDIVISION REGULATIONS
COITIES NOW your petitioner, by and through
counsel, as the owner of real property situate
of Garfield, State of Colorado, and petitions
such property from theexempt the division of
the terms "subdivision" and "subdivided Iand"
application of the Subdivision Regulations of
for the following reasons:
t. Petitioner is the owner of a
unders igned
in the County
this Board to
definition of
and from the
Garfield County
parcel of real proPertY
State of Colorado more
11
9
located in the County of Garfield and
particularly described as follows:
A parcel of land situated in Lots B and 9 of Section
and in Lots 3 and 4 of Section 14, all in Township B
South, Range BB West of the Sixth Principal Meridian,
lying Southerly of Northerly line of said Lots 8 and
and Easterly of the westerly lines of said Lots 4 and
said parcel of land is described as follows:
Beginning at a point on the Section line between
said Sections 11 and 14 whence the Witness Point to
the Section Corner common to Sections f0, 11, L4'
and 15 bears S. 85o16r32" W. 300.16 feet; thence
N. 00"16147" w. along the Westerly line of said Lot
B, 4L3.52 feet to the Northwest corner of said Lot
8; thence N. 8Bo2Ot47" E. 1476.3L feet along the
Northerly line of said Lots B and 9 i thence
S. O2"2Br39u E. 852.51 feet; thence along the
Irlortherly line of a road, S. 73o33 t21" w. 1572'64
feet; thence N. 00o09t28" W. 54.08 feet to the
Southeast'corner of Lot 5 of said Section L4i
thence N. O0oOgt28" W. along the line between said
Lots 4 and 5, 790.57 feet to a point on the
Northerly line of said Section 14, the point of
beginning, containing 36.24 acres, more or less'
Except that parcel of land described as follows:
,
B
parcel
t Aof
A
Lo
of land situated in Lot B of Section
Section L4, all in TownshiP B Southr
11 and in
Range BB
KKBNA o o
ScJrow, Wrltat
lncorlp.rlad
Cmrultlng Englnrr.
Lmd Suvcyora
'!)(]l alr,i:rd A!rr1ur
. I r:r.r,.d stlrnqs ( urlv.1rL 8160...!r rl db6.l
t. , ,r i I ii 'l(,r I t
PARCEL IIBI'
A parcel of l-and sltuated ln Lot B of Section
Range 88 West of the Sixth princlpal Merldl-an,descrlbed as follows:
11, Townshlp 8 South
more particularly
BeginnLng at the brass cap witness point bearlng N. o0'0gt 29" i.I.27.L8 feet to the sectlon corner common to sectLons 10, 11, L4, and15 of sald Townshlp and Range; thence N.66oILt24,, E. 1133.66 feetto the True Polnt of Beglnnlng; thence N. gg"2gt47r, E. 369.00 feetithence s. 02"28r39" E. 240.00 feer; rhence s. Bg'2gt 47,, w. 368.00feet; thence N. 02"28 I 39" w. z40.oo feer ro the True polnt of Be-glnning, containtng 2.027 acres, more or 1ess.
KI"B }IA INC.
September 18, L979
1001 -Grand Avenue
Glenwood Sprlngs, CO 81501
EXHIBIT I'BII
t.o oKKBNA
Scrrow Walkd
lrco.IDrrtad
Conaulting En0in6.r
Land Survayort
, I (),.rnd Ay|nurr.w.\ C :lprrr.ls Crr, .rd( .i'r
.. r1i. 3t164
PARCEL IICII
A parcel of land sltuated in Lots 8
8 South, Range 88 West of the Slxth
particularly described as follows:
and 9 of Section 11,
Princlpal Merldlan,
Township
mo re
Beginning at the brass cap witness point bearlng N. 00o08'29" I{.
27.18 feet to the Sectlon Corner common to Sections I0, 11, l4 and
15 of said Townshlp and Range; thence N. 7l'36r10" E. L480.73 feet
to the True Polnt of Beglnning; thence N. BBo 29147" E.368.00 feet'
thence s. 02"28r 39" E. 240.00 feet; thence s. 88"29'47" w. 368.00
feet; thence N. 02-"28r39" I,I. 240.00 feet to Ehe True Point of Be-
glnnlng, contain j-n g 2.027 acres, more or 1ess.
KKB NA II'IC.
9eptember 18, 1979
1001 Grand Avenue
Glenwoo d Sp rings, CO B 160 1
EXHIBIT IICII
o oKKBNA
Scarrow Wallar
lncortprated
Conrulling Engind.rLsd Surv.yora
l('t)l (-,r,drd A\(.r)oI
(;, r.s\\ d :ip,,,r,1,. \
PARCEL IIAII
A parcel of land situated in Lots 8 and 9 of Section 1I and
Ln Lots 3 and 4 of Section 14 all in Township 8 South, Range 8BWest of the Sixtir Principal l{erldian, more particularly described
as follows:
Beginning at the brass cap witness point bearing N.00o08r29" W.27.L8 feet to the Section corner connon Eo Sectlons 10, 11 14, and15 of sald Townshlp and Range I Ehence I'l. 5 Bo 49 r I0" E. 869 .09 f eet tothe True Polnt of Beginnir',9; thence N. 88'29t 47't E. 293.74 f eeEithence S. 02o28r39" E. 240.00 feet; thence N. gB"2gtq7,,E. 736.O0feet; thence S. 02o28t39" E. 612.51 feet; rhence S. 73o33t2Lt'1,I.
1572.64 feet; thence N. 00 o 09 f28" W. 34.54 feer; thence S. 89o
39 r46" E. 22.29 feer; thence N. 05o00 r4B" E. 96.90 feet; rhence N.L0"27141, w.81.39 feet; thence N.07"03t05" E. 262.42 feet]' thenceN. L9"57f 14" E. 164.L7 feet; rhence N.06o2?-144" E. 74.87 feet;rhence N. 09 o42t 21" E. 163.04 f eer; thence N. 38"39 t l2', E. 371.93
f eet; thence N. 30 "30 t 00r' E. 137.72 f eet to the True point of Be -glnnlng, contalning 28.15 acres, more or less.
KKBNA rllc.
Septeuber 18,7979
1001 _Grand Avenue
Glenwood SprlnBS, CO 81601
EXHIBIT IIA'I
rtr
NRJ.25.74
.TIi-{S FORM MUST BE
SUBMITTED PRIOR TO
THE EXPIRATION OF THE
"ERMIT. TYPE OR,R INT IN BLA.CK INK.
:OPY OF ACCEPTED
STATEMENT MAILED]N REQUEST,
OWNER'S OOSY
coLo#D
STATE OF COLOR o
O DIVISION OF WATER RESOURCES
300 Columbine Bld9., 1845 Shermon St.
Denver, Colorodo 80203
RICE\\ED
tl'Nl zb'rl
PERMIT NUMBER 8o??z
AFFIDAV|T q
LOCATION OF WELL
SS
i
ICOUNTY OF
IHE AFFIANT(S)
vho se moil ing
rddres s i s c
i ity
ole cloimed hereby is
rf woter to be diverted is
t>/.,r/Vnz*
iubscribed ond sworn
o before me on this ).+llra"v .t
,1y. Commi ssion cxpires
(sEAL)
EP
c-/ sTATEMENT oF BENEFTqAL usE oF GRouND wATER
AMENDMENT OF EXISTING RECORD
8 (
(gYArr (ztPl
reing duly sworn upon ooth, deposes ond soys thot he (they) is (ore) the owner(s) of.the well described hereon; the well is
ocoted os descrP,ed obove, ot distonces o+ 2Oo feet from rhu irr#; ;;;;;; r"k(,,f)n6 Sbo feet from the
D ,".rioqm,ilr", from this weil wos first opplied to o beneficiol use for the purpose(s) described herein on the35
E^sY oF wEgt, t
loy of /VOr: , W--75tt',e moximum sustoined pumping rote of the wel I it lf gollons per minute, the pumping
I(Al,t)
gollons per minute; the totol depth of the well is feet; the overoge onnuol omount
l'l-ocre-feet; for which cloim is hereby mode for
purpose(s); the legol description of the lond on which the woter from this well is used is
UJ
,822
which totols
ZG.2/rr"s ond which is illustroted on the rnop on the reverse side of this {orm; rhot this well wos completed in complionce
,'ith the'permit opproved therefor; this stotement of beneficiol use of ground woter is filed in complionce with low; he (they) hos
lhove) reod the stotements mode hereon; knows the content thereof; ond thot the some ore true of his (their) knowledge.
iignoture(s)
lc
\CCEPTED FOR FILING BY THE STATE ENGI R
TURSUANT TO THE FOLLOWING CONDITIONS:
ORADO
'i D**{M,,k
B
,*r. J-#,, n.r' 8( - H,, G4,.
Counly
(he Is A la onoScc
FOR OFFICE USE ONLY
Coutt Cose No
Prior Mo.
-
Doy
--
Yr
Di"Ctv
I,t
We ll Use
Dist
Sec. --
Bosin
-
Mon. Dis
)AT E STATE ENGINEER
EXHIBIT IIEII
1:52 P JanuarYBl9T9
Recorded at..... l . LI ..........o'clock. . ..M.,
Reception N". ]{xi1-9- , Loretta panlef
Sfi'f,i'ig,,Ettl 'F:"# 98rotf[ 8: 'ii*ls8nil$r",o 8L623
I.,136L p.1cre34
Tros Drnn, Made this 29th day of December: , 19 78
between WILI4ER C. ALLEN and ANNELIESE K. ALLEIJ,
as husband and wife,
of tfie
Countv ofANIiELIEColoradof the
. Recorder
sm 00[llf[n{i ffi.
JAN A FAID
^D-t
County of Garf ield and State of
Colorado, of the second part: /,/
WITNESSETE, That the said partiesof the first part., for and in consideration #the sum of
TEN DOLLARS AND OTHER GOOD Ai{D VALUART,E CO]'ISTDERATION_----XUOO}1]AW.''
to the said part j-eS of the first part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and aclrrrowledged, haVe granted, bargained,soldandconveyed,andbythesepresentsdo
grant, bargaia, sell, convey and confirm, unto the said part ! of the second part, hef heirs and assig-ns for-
ever, all the following describe{-lq!- . -^ or parcel of land, situaie, lying and being in the COunties Of
)so)c)0xxr< Garfield and/t'"ht'*t"te of Colorado, to wit:
See Exhibit rrArr attached hereto and incorporated
herein by this reference.
NO STATE DOCUI4ENTARY FEE REQUIRED - COI,JS]DERATTO}J LESS THAN
$100.00
also known as street and nurnber'
TOGffiBER v-ith all and singular the hereditamenLs and appurtenanees thereto belonging, or in anywise
apperteiniag, and the reversion and reversions, remainder and rcmainders, rents, issues and profits thereof, and all
the estate, right, title, interest, clairr and demand whatsoever of the saitl part ieS of the first paft, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO EAVE AND TO EOLD the said premises above bargained and described *'ith the appurtenances, unto the
said part y of the second part, hef heirs and assigns forever. And the said part ies of the first part,
for them selves, ,/q[4fi+,rexecutors, and administrators, do covenant, grant, bargain, and agree to and
n'ith the said part y of the second part, hefheirs and assigns, that at the time of the errsealing and delivery
of these presents,they dlewell seized of the premises above conveyed, as ofgood, sure, perfect, absolute and
inddeasible estate of inheritance, in law, in fee simple, and ha V€ good right, full power and lawful authority
to gtant, 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, assessmcnts and encumbrances of whatever kind or
naturesoever. , except ard subject to governnental rules and regulations, U.S.
Patent reservations and exceptions, ease{nents and rights of way of record or
situate a-nd in use, any other restrictions of record, and general- property
taxes of a current nature,
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her 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 FORE\aER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part have hereunto settheir hand s
and seal S the day and year first above written.
usband)(SEAL)
NO. !32. I7AERANTY DEE).-For Ph.to3rrDuc Bord.-tsrrdrosd Pubf bbfD, Co,, ltzll.{o Stout SLaEt, Dov"r, Cotondo (j,i{;
I.o o
!..r8fl. ?t,EZJs
EXHIBIT IIAI'
A parcel of land situated in Lots 8 and 9 of Section 11 and inLots 3 and 4 of Section L4, all in Township I South, Range 88
West of the Sixth Principal Meridian, lying Southerly of Northerlyline of said Lots I and 9, and Easterly of the Westerly lines ofsaid Lots 4 and B, said parcel of land is described as follows:
Beginning at a point on the Section line between saidSections 11 and 14 whence the Witness Point to theSection Corner common to Sections 10, 11, L4, and 15
bears S. 85016 r32" W. 300.16 feet; thence N. 00o15 t47" W.along the Westerly line of said Lot 8, 4L3.52 feet tothe Northwest corner of said Lot 8; thence N. 88020147" E.
L476.3L feet along the Northerly line of said Lots 8 and9i thence S. 02028'39' E. 852.51 feet; thence along theNortherly line of a road, S. 73033r21" W. L572.64 feet;
thence N. 00009r28" W. 54.08 feet to the Southeast cornerof Lot 5 of said Section LAi thence N. 00o09r28u W.along the line between said Lots 4 and 5, 790.57 feetto a point on the Northerly line of said Section L4,the point of beginning, containing 36.24 acres, more orless.
Together with any and all water rights used upon or in con-nection with the above described property including, withoutlimitation, all the rights of grantor under that certain agree-
ment recorded in Book 474 at Page 116 of the Garfield County
records.
Except that certain parcel of land described as follows:
A parcel of land situated in Lot 8 of Section Il and in
Lot 4 of Section L4, all in Township B South, Range
B8 West of the Sixth Principal t"leridian, lying Southerly
of the Northerly line of said Lot B, Edsterly of the
Westerly lines of said tots 4 and B and Westerly of a
fence as constructed and in place, said parcel of land
is described as follows:
Beginning at the Southwest Corner of said Lot
8 being the same as the Northwest Corner of said
Lot 4 whence an iron post with a brass cap found in
place and properly marked for the Witness Point to
the Section Corner common to Sections 10, 11, 14,
and 15 in said township and range bears
S.85"16'32u w.300.16 feet; thence N.00oI6'47" W.
along the Westerly line of said tot B, 4L3.52 feet
to the Northwest Corner of said t,ot 8; thence
N. 88"29'47" E. along the Northerly line of said
Lot 8,446.57 feet to a point in said fence; thence
along said fence S. 30o30'00" w. L37.72 feet;
thence S.38o39r12" w.371.83 feet; thence
S. 09o42t 2L" w. 163.04 feet; thence S. 06"22'44" w.
74.87 feet; thence S.19"57r14" W.164.I7 feet;
thence S. 07o03r05" W. 262.42 feet; thence
S. I0o27'41" 8.81.39 feet; thence S.05o00'48r'w.
96 .9 0 f eet ; thence S. 89 o 39 | 4 6" W. 22.29 feet;
thence leaving said fence N. 00o09'28' W. along the
easterly line of Lot 5 in said Section L4, 810.II
feet to the northwest Corner of said Lot 4, the
point of beginning, containing 4.02 acres, more or
Iess.
3
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west of the sixth Principal Meridian, lying southerly of
the Northerly tine of said Lot B, Easterly of the
Westerly lines of said Lots 4 and B and Westerly of
fence as constructed and in place, said parcel of land
is described as follows:
Beginning at the Southwest Corner of said Lot 8
being t,he same as the Northwest Corner of said Lot
4 whence an iron post with a brass cap found in
place and properly marked for the Witness Point to
1f,. Section Cornei common to Sections f 0, 11, L4,
and 15 in said township and range bears
S. 85ol-6132" W. 300.16 feet; thence N. 00ol-6t47" W'
along the Westerly line of said Lot B, 413.52 feet
to the Northwest Corner of said Lot B; thence
N. B8o2gt47" E. along the Northerly line of said
Lot B, 446.57 feet to a point in said fence; thence
along said fence S. 30"30'00" W. 137.7 2 feet;
thence S. 38o39t12" W. 371-83 feet; thence
S. Ogo42121" W. 163.O4 feet; thence S. 06022t44" W'
74.87 feet; thence S. 19o57'14r' W. 164.I7 feet;
thence S. 07o03t05' W. 262.42 feet; thence
S. t}o27t4l" E. 81.39 feeti thence S. 05000r48" W'
96.90 feet; thence S. 89o39'46" W. 22.29 feet;
thence leaving said fence N. 00"09r28" W. along the
easterly line of Lot 5 in said Section 14, 810'11
feet to the northwest corner of said Lot 4t the
point of beginning, containing 4.02 acres, more or
less.
2. The subject property contains 32.22 acres, more or
This exemption is sought to divide the subject
o
1ess.
property into three Parcels.
acres; Parcel B sha1I contain
contain 2.027 acres. Good and proper legal descriptions
said parcels are attached hereto as Exhibits 'A" rrBr! and
and are incorporated herein by this reference' A plat of
proposed division is submitted contemporaneously with this
petition and is incorporated herein by this reference'
3. An economical and practical method of sewerage
disposal is available to each parcel inasmuch as soil
conditions of the property and the size of the respective
parcels are adequate to permit the installation of individual
on lot sewage disposal facilities. A copy of an individual
ParceI
2.027
A shalt contain
acres and Parcel
permit dated July 25, L979, issued
Department of Environmental Health
28. 16
C shall
of
rcr
the
sewage disposal
Garfield CountY
by the
for an
-2-
o
improvement located in the northwest corner of Parcel Ar is
attached hereto as Exhibit rrDrr.
4. A well has been constructed on the subject property
pursuant to authority granted by the Colorado Division of
Water Resources and a copy of a statement of beneficial use
is attached hereto as Exhibit rrErr and incorporated herein by
this reference. Pursuant to the provisions of C.R.Sl, (,\972)
37-92-602(1)(b), petitioner may use this well for the benefit
of three single-family dwellings.
5. Each parcel will have access to County Road 111 by
means of an easement along the northerly boundary of the
parcels.
Dated this 29Lh day of October, 1979.
o
By:
K&ERST
n e
g ist ation Number 7788
A or for Petitioner
931P.O
Glenwood Springs, CO 8I-601
Telephone: 945-9141
o EXHIBIT IIDl'o
GARFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
2014 Blake Avenue
Glenwood Springs, Colorado gld0l
PERMIT#S '."4 (this does hot consti[ure
a building or use permit)
Jwner ['r. ['l{'}rrr I A'lle,n - ir cane of .lt;:r.,s lJi nc; n
iystem Location fCi.:tt, Of C..:l.r,n:.aJ g
,icensed Contractor O;r., I ."fi i=- x. i''l rit .\,t-1-, t \L-ii
* conditional construction approval is hereby granted tor a,f-><rt galron
>' septic Tank or--- Aerated treatment unit.
Absorption area (or dispersal area) computed as tollows:
Perc rarc / inches in ./ /,)mrnutes '-' e q. fr.
absorption area per bedroom -,/tO -,
# of bedroo^, f' y ,/.'.{ sq. ft. minimum requirement = glrL..O SO r=7:
May we suggest ,.ts / .X 55 'rr, A / s cji:jvrrf-t?-rF ,(-,t::Z)
C:,/: 7,2-g-;;r-;/.,t7:r_, ;
JaJ -*-'.-,. =:- .
D ,tp / ---.'.<> Z .s-Inspector -,:,-J.-?r1../
I
INAL APPROVAL OF SYSTEM:
No system shall be deemed to be in compliance with the sewage DisposaJ Laws until the assembled systemis approved prior to covering any par.t.
ptic Tank cleanout to within !2" of final gade or aerated access ports above Srade.a&P roper materials and assembly.
n/2 Ade quate absorpt;ion (or dispersal; area.
quate compliance with permit requirements.
(, -
Odequate compliance with Countv and State4 .2Zzz5t lru 7-o @Ue-2---regul ation s/re quirement s
Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
Date
]ONDITIONS:
1. AII installation must comply with all requirements of the County Individual Sewage DisposaJ Regulations,adopted pursuant to authority granted in 66-44-4, cRS 1963, amended 66-3-14, CRS 1963.2. This permit is valid only for connectton to structures which have fully complied with County Zoning andbuilding requirements. Connection to or use with any dwelling or structure. not ,pproved by the buildingand Zoning office shall automarically be a violation of arequiement of the permif ind cause for bothlegal action and revocation of the permit.
3. Section III,3.24 requiLes uy person who constructs, alters, or installs an individual sewage disposaJsystem in a manner which involves a knowing and ma[erial variuion from the terms or specifications con-tained in the application of pelmit commits a Class I, Petty Offense ($500.00 fine - 6 months in jail or