HomeMy WebLinkAbout1.0 ApplicationiiFIELD COUNTY, COLORADO 46
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Su})oivision Reuulations of Garfield County, Colorado, adapted January 2, 1979
//
Section 2.02.01 (d) and 3.02.01 the undersigned
/7/' /7"2/
Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of 4/0 acre tract of land into tracts of
approximately 18 —L. acres each, more or less, from the difinitions 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,
/30* Qr
respectfully petitioners the
for the reasons stated below:
77/"(F.. 7T,
In support of this petition, the petitioner also submits the following:
le. Map drawn to scale showing proposed lot subdivision
and access.
B. Copy of deed
f Vicinity map
,B'. Statement on source of domestic water i�✓d.�� Cb.) / s s % M
Statement on method of sewage disposal %
--- 100 year floodplain information where
live stream crosses or adjoins said tract
" Evidence of the soil types
,NCopy of Assessor's map showing the property
e
I. Practical description of property location -<-'? 'Y,' E c'"
J. Fee in the amount of $ .=-,4—'-- -5,-7.00 (-"d/i_e'z""�
K. $200.00 fee for each new lot created 19
Submitted at Glenwood Springs, Colorado, this day of047,41-to—‘j2
Pei"ti oner /
45^4' ,L /r1 i99 / //Pc
Mailing Address
ea r,doAvCA' 0 /o
9,77
Telephone Number
Map Unit No. X11C Part ii
SOIL CHARACTERISTICS•
1
Depth to Bedrock :014,41wra.604y deers over sand, gravel
Texture
Surface : F,ravell,y loam
Subsoil
Substratum :sand and gravel
Unified/AASHO Classification:7L, SM, GU, SU; A-4, A-2, A-1
Permeability (below 2 feet) :rapid
Percent Coarse Fragments
(gravel, cobble, stone) to 15 percent
Soil Reaction (pll) :7.9 - 8.4
Shrink -Swell. Potential :low
Potential Frost Action
(surface) :low
Flood Hazard :none
Hydrologic Group :B
Corrosivity - Steel :high
- Concrete :low
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate„
S is Severe)
Septic Tank Absorption
Fields
Sewage Lagoons
Sanitary Landfill - Trench
- Area
Shallow Excavations
:0*
:S - seepage
:S - seepage, too sandy
:S - seepage
:S -
Dwellings w/basements :0
w/o basements :0
Local Roads and Streets :0
cutbanks cave, small stones
SUITABILITY AS A SOURCE OF....
Daily Cover for Landfill :Fair - seepage, thin layer
Topsoil :poor - small stones, too sandy
Sand :Good
Gravel :Good
Roadfill :Good
OTHER SOIL FEATURES
* rapid permeability may cause a pollution hazard.
CE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION.
Ii.q, Pe I t . X110 1
SOIL CIIARACTERI.ST'LCS
Depth to Bedrock
Texture
Surface
Subsoil
Substratupr
1
: modertf;r=-l7 df. ,,) over sand , gravel_
:sandy loam
:sandy clay loam
:gravelly :Tandy loam, stony sandy
Unified/AASIIO Classification::;M, :3C, GP, (;It"; A A-4, A-1
Permeability (below 2 feet) :moderately rapid to rapid
Percent Coarse Fragments
(gravel, cobble, stone) :'SO to 80 percent below 2 foot
Soil Reaction (p11) :7.4 - '7.8
Shrink -Swell Potential :low
Potential Frost Action
(surface) :low
Flood Hazard : none
Hydrologic Group :8
Corrosivity - Steel :high
- Concrete :low
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate,
S is Severe)
Septic Tank Absorption
Fields :0*
Sewage Lagoons :S - seepage
Sanitary Landfill - Trench :S -
- Area :S -
Shallow Excavations
Seepage
seepage
:S - cutbanks cove, small stones
Dwellings w/basements :0
w/o basements :0
Local Roads and Streets :0
SUITABILITY AS A SOURCE OF....
Daily Cover for Landfill :Fair - thin layer, small stones
Topsoil :Fair - thin laver
Sand : Good
Gravel : r,noci
Roadfill :Good
OTHER SOIL FEATURES
* rapid permeability may cause a pollution hazard.
onm
"ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION.
IN TIHE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 80CW351
IN TIIE MATTER OF TIIE APPLICATION )
FOR WATER RIGHTS OF ROBERT ARNOLD AND )
GLORIA ARNOLD IN THE ROARING FORK ) RULING OF REFEREE
RIVER )
IN EAGLE COUNTY )
The above entitled application was filed on September 23, 1980,
and was refer4ed to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 23rd day of October, 1980, in accordance with Article 92
of Chapter 37, Colorado Revised Statutes 1973, known as the Water
Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in the
application arc true and having become fully advised with respect
to the subject matter of the application does hereby make the fol-
lowing determination and. ruling as the Referee in this matter,
to -wit:
1. The statements in the application are true.
2. The name of the structure is Sunnyside Spring.
3. The names of the claimants and address: Robert Arnold and
Gloria Arnold; 2542 Emma Road; Carbondale, Colorado.
4. The source of the water is a spring tributary to the Roaring
Fork River.
FILED
IN WATER. COURT
Division No. 5
JUN 2_3 1981
STATE OF COLORADO
S-� WATER CLERK
EY DEPUTY
5. The spring is located in the SE -1/4 NW, -1/4 of Section 33,
T7S, R87W of the 6th P.M. at a point whence the Southeast Corner
of said Section 33 bears S25°48'26"E 4,625.56 feet.
6. The use of the water is1irrigation and domestic.)
7. The date of initiation of appropriation is 1900.
8. The amount of water claimed is 1.176 cubic foot of water
per second of time, absolute.
9. The water has been in use for irrigation and domestic
purposes since the first cabin was built on the land in about
1900.
10. The claimant has built a new house and has installed a
sprinkler system to irrigate about 12 acres of land.
IN TIIE MATTER OF
FOR WATER RIGHTS
GLORIA ARNOLD IN
RIVER
IN EAGLE COUNTY
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 8001351.
TIIE APPLICATION )
OF ROBERT ARNOLD AND )
TIIE ROARING FORK )
FILED
IN WATER COURT
Division No. 5
JUN 2.3 1981
STATE OF COLORADO
WATER CLERK
BY fJEPUTY
RULING OF REFEREE
The above entitled application was filed on September 23, 1980,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 23rd day of October, 1980, in accordance with Article 92
of Chapter 37, Colorado Revised Statutes 1973, known as the Water
Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the fol-
lowing determination and ruling as the Referee in this matter,
to -wit:
1. The statements in the application are true.
2. The name of the structure is Sunnyside Spring.
3. The names of the claimants and address: Robert Arnold and
Gloria Arnold; 2542 Emma Road; Carbondale, Colorado.
4. The source of the water is a spring tributary to the Roaring
Fork River.
5. The spring is located in the SE -1/4 NW, -1/4 of Section 33,
T7S, R87W of the 6th P.M. at a point whence the Southeast Corner
of said Section 33 bears 525°48'26"E 4,625.56 f t.
6. The use of the water is irrigation and domestic.
7. The date of initiation of appropriation is 1900.
8. The amount of water claimed is .176 cubic foot of water
per second of time, absolute.
9. The water has been in use for irrigation and domestic
purposes since the first cabin was built on the land in about
1900.
10. The claimant has built a new house and has installed a
sprinkler system to irrigate about 12 acres of land.
EOCW351
The Referee does therefore conclude that the above entitled
application should be granted and that 0.176 cubic foot of water
per second of time is hereby awarded to Sunnyside Spring, for
irrigation and domestic uses, with appropriation date of the 31st
day of December, 1900, absolutely and unconditionally; subject,
however, to all earlier priority rights of others and to the
integration and tabulation by the Division Engineer of such priori-
ties and changes of rights in accordance with law.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this Z3
day of (Jd•tJL' , 19 S/ .
BY TIIE REFEREE:
Water eree
Wate Division No. 5
State of Colorado
19901;
T:k302
Nage 629
Recorded at 9:00 A.M. t4ay g, 1980 Fee
Recorder; Johnnette Phillips Eagle4•ui
Coounty
800r 55j P.CE 83
SPECIAL WARRANTY DEED
ROBERT ARNOLD, GLORIA H. ARNOLD, H. W. STOREY and ALAN, A. STOREY,
whose address is P.O. Box 2837, Aspen, Colorado 81611, County of Pitkin and
State of Colorado, for the consideration of TEN and N0/100 DOLLARS, .in hand!"f.
paid , hereby sells and conveys to
R'ng'}itr1111' lCi
ROBERT ARNOLD and GLORIA H. ARNOLD, as tenants in common,
2542b Emma , Road,0 �_
Carbondale, CO 81623
'C"\4°—'"-•*ai_
mc
re
00
CDCri
County of Garfield and State of Colorado, the following real pro ert
Counties of Garfield and Eagle, and State of Colorado, to -wit: p y in the
W oo �!
CA
E4 cz, f1C A tract of land situated in Lots 4 and 6, in the AWSEZ, in the
f the SE';::WkNEk of Section 33,To the 6 and in
Q
Meridian, located in Garfield ands Eagle Counties, nColorado, and lyingtnortherlh yal
�t of the Northerly right of way h M tract of land being more particularly describedsasifollowse ay No. 82, said
Beginning at a point on the Northerly right of way line of said State Highway
No. 82 whence a brass cap found in place and properly marked for the Southeast
Corner of said Section 33 Bears S. 50°59'58" E. 2280.85 feet; thence N. 72°10'33"
W. 1810.20 feet along the Northerly right of way line of said State Highway
No. 82 to a point on the Westerly line of said Lot 6; thence N. 01°15'00" E.
A
628.27 feet along the Westerly lint- of said Lot 6 to the Southwest Corner of
'�
said Lot 4; thence N. 01°40'00" E. 1329.15 feet along the Westerly line of
said Lot 4 to the Northwest Corner of said Lot 4; thence N. 89°38'19" E.
0 ca o 738.48 feet to the Northeast Corner of said Lot 4; thence N. 89°39'06" E.
r 686.87 feet along the Northerly line of the SINEly of said Section 33 to the
.-t - Southwest Corner of the SE'rNW'1,NE4 ofsaid Section 33; thence N. 00°39'52" E.
3 w 663.47 feet along the Westerly line of the SEI4NW1/4NE1/4 of said Section 33 to the
o
RI a
center of the NW'NE1/4 of said Section 33; thence N. 89°42'43" E. 237.95 feet
along the Northerly line of the SE%NW'�.NElt of said Section 33; thence S. 00°00'01"
1 15
W. 3184.29 feet to the point of beginning, containing 91.15 acres, more or
less.
4,
with all its appurtenances and warrants the title against all persons claiming
': K' under us, except and subject to general property taxes of a current nature.
building, zoning and other governmental rules and regulations; inclusion in
Tlany general or special district; U.S. patent reservations, oil, gas and mineral
reservations, easements and rights of way, and protective covenants of record; -
and the lien of that certain mortgage deed recorded September 7, 1979 in Book
290 at page 734 as Reception No. 187133 of the Eagle County records, and
recorded September 18, 1970 in Book 535 at page 357 as Reception No. 297628 of
the Garfield County records. •
cf
c z SIGNED AND DELIVERED this dayof !'
t, 1 Z_- L_. .. 980.
a.
a o Ro.ertArnold
q
_
V _
/ 0
Glori
NOTE: CONVENIENCE DEED
no state Doc. fee required -
consideration less than $100.00
•
Ir .
BOOK 551 1.4uE d;;
•
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 1
day of , 1980 by ROBERT ARNOLD and GLORIA H. ARNOLD.
- .. Witness my hand and official seal.
•
-..Hy,commission expires:
• s”,
•
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Therforegoing instrument was acknowledged before me this .21/
. , .. "4ay of 4 , 1980 by ALAN A. STOREY.
..... my hand and official seal.
tly.iommission expires:
pusos• f
_ , -
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
5- McF-2
Notary Public
Z:74; tli,
v-4
A4
jhe foregoing instrument was acknowleded before me this /5- day
of 1980, by H. W. Storey.
Witness my hand and official seal.
NY commission expires:
-'• • . • .. • •••
. :
- .
- , PU
l'Ars /1 -
Notary Public
Legal Description
Tract D:
A parcel of land situated in Lot 6 of Section 33, Township 7 South,
Range 87 West of the 6th Principal Meridian, Garfield County, Colorado,
lying northerly of and adjacent to the Northerly right-of-way line of
Colorado State Highway No. 82 and westerly of and adjacent to the cen-
terline of a 30 foot wide access easement as built and in place, said
parcel of land being more particularly described as follows:
Beginning at a point whence the Northwest Corner of said Lot 6 bears
N 48°52'32" W 630.45 feet; thence S 72°10'33" E 236.10 feet to a point
on the centerline of said 30 foot wide access easement; thence along
saidcenterline on the following courses: 198.93 feet along the arc of
a 480.4.9 foot radius curve to the left, the chord of which bears S 01°
42'42" E 197.51 feet; thence S 13°34'21" E 135.00 feet; thence 56.91
feet along the arc of a 260.57 foot radius curve to the right, the
chord of which bears S 07°18'56" E 56.80 feet to a point on the North-
erly right-of-way line of said State Highway No. 82; thence N 72°10'
33' W 283.17 feet along the Northerly right-of-way line of said State
Highway No. 82; thence North 370.58 feet to the point of beginning,
containing 2.01 acres more or less and subject to a 15 foot easement
for access purposes lying inside and adjacent to the Easterly boundary
line of the above described parcel of land.
3 December 1981
odi-Aef3
5d2 p(
a� �
JOHN R. SCHENK
DAN KERST
WILLIAM J. DEWINTER III
SCHENK & KERST
ATTORNEYS AT LAW
SUITE 100, VILLAGE PLAZA
GLENWOOD SPRINGS, COLORADO 81601
February 19, 1982
Garfield County Planning Dept.
2014 Blake
Glenwood Springs, CO 81601
ATTN: Terry Bowman
Re: Subdivision Exemption Application
Robert Arnold and Gloria Arnold
Dear Terry:
(303) 945-2447
In connection with the application of the Arnold's for Subdivision
Exemption of a parcel of land containing 2.01 acres, more or less, and
situate in Lot 6 of Section 33, Township 7 South, Range 87 West of the
6th P.M., in Garfield County, Colorado, you are hereby advised that
legal description of said parcel should be modified by the addition of
the following language, to wit:
Together with five (5) gallons of water per minute from the
Sunnyside Spring as adjudicated in Case No. 80CW351 in the District
Court in and for Water Division No. 5, State of Colorado, on June
23, 1981, having appropriation date of December 31, 1900, together
with such easements and rights of way as are necessary for the use
of said water and water right on the above described parcel of
land.
It is my understanding that the addition of said language to the
legal description of the parcel and the adoption of the exemption
resolution by the Commissioners containing said modified description
will satisfy the County's requirements regarding an adequate source of
domestic water to serve the exempted parcel. For your convenience, I
enclose a separate sheet containing the revised description.
If you need further information or if you have questions or
comments regarding this matter, please so aylvise.
Yours vei truly,
0
DK/sr
Enc.
c - Robert and Gloria Arnold
GARFIELD CDUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO B1601
PHONE 945-9212
2014 BLAKE AVENUE
January 11, 1982
Robert Arnold
2542 Emma Road
Carbondale, CO 81623
RE: Exemption Request
Dear Bob:
We have received the legal description for the new two -acre parcel
you are proposing for the ag-business special use permit. However,
we still need a statement from you indicating that at least 5 ppm of
water will be conveyed with the two acre tract. This provision will
be reflected within the finalized exemption resolution.
If you have any questions, please call me.
Sincerely,
Terry L. Bowman
Assistant Planner
TLB/1W
EXEMPTION
NAME: 46 2./'Z� _...}4 �� _yLI4J
PURPOSE OF EXEMPTION: 440 i ra' / /9C 742
(4‘) .5bZe )t(ie2A 6) 5z- -u'Vo' L:2.6 4;1 ce6 Cee0.)
ZONING:
QUALIFICATION FOR S.B. 35
(ce-e.}sz d moi, -z2 /96e
LOCATION OF SITE:a
/7-7 ,' c
WATER -
DIV. OF WATER RESOURCES RESPONSE: ,r/a
9 y8&
FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
MAP showing proposed lots and access
DEED
)( VICINITY MAP
100 yr floodplain info.
)( SOIL MAP
,7Va IF community water, letter of approval from governing body
COMMENTS:
2 cif.)
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LfivES /4' SPACE
SYDNEY L./NC/COME (1..S /4/10
BOX 2! CL fii3ONDAL E
COL C., 03-963-3852
SCALE:i =100
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LEGAL DESCRIPTION
A parcel of land situated in Lot 6 of Section 33, Township 7 South,
Range 87 West of the 6th Principal Meridian, Garfield County, Colorado,
lying northerly of and adjacent to the Northerly right-of-way line of
Colorado State Highway No. 82 and westerly of and adjacent to the
centerline of a 30 foot wide access easement as built and in place, said
parcel of land being more particularly described as follows:
Beginning at a point whence the Northwest Corner of said Lot 6 bears N.
48°52'32" W. 630.45 feet; thence S. 72°10'33" E. 236.10 feet to a point
on the centerline of said 30 foot wide access easement; thence along
said centerline on the following courses: 198.93 feet along the arc of
a 480.49 foot radius curve to the left, the chord of which bears S.
01°42'42" E. 197.51 feet; thence S. 13°34'21" E. 135.00 feet; thence
56.91 feet along the arc of a 260.57 foot radius curve to the right, the
chord of which bears S. 07°18'56" E. 56.80 feet to a point on the
Northerly right-of-way line of said State Highway No. 82; thence N.
72°10'33" W. 283.17 feet along the Northerly right-of-way line of said
State Highway No. 82; thence North 370.58 feet to the point of
beginning, containing 2.01 acres more or less and subject to a 15 foot
easement for access purposes lying inside and adjacent to the Easterly
boundary line of the above described parcel of land.
Together with five (5) gallons of water per minute from the Sunnyside
Spring as adjudicated in Case No. 80CW351 in the District Court in and
for Water Division No. 5, State of Colorado, on June 23, 1981, having
appropriation date of December 31, 1900, together with such easements
and rights of way as are necessary for the use of said water and water
right on the above described parcel of land.
Irz)-4