HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
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 Mary E. Arthur
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 16.750 acre tract of land into one tracts of
approXimatel two and one tract of approximately 14.750 acres
Y acres xt, 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:
Mrs. Arthur is elderly and can no longer reside in her home located on the
two acres. She has an opportunity to sell it and would like to retain the
balance of the acreage for her__g_Iandda'ughter.
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 yeneral
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. Proof 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 $100.00 fee must be submitted,l4 h the application.
Poner Russell Geor.:
e -
#6096
Attorney for Petitioner Mary E. Arthur
P. O. Box 907
Mailing Adress
Rifle, Colorado 81650
City
(30 11 625-1887
Telephone Number
State
• •
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 that 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. All 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. All 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 $200.00 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 owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exe►nption 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) and not
more than thirty (30) days prior to the meeting. The applicant shall
be 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.
• •
Narrative to accompany the
Petition for Exemption of Mary E. Arthur
1. Mary E. Arthur owned the subject 40 acre parcel for
years in co -ownership with her husband, Loren Arthur. In 1972 a
portion was sold to her son and daughter-in-law. In 1977 another
portion was sold to unrelated third parties. Mrs. Arthur now
resides in the Senior Housing in Rifle and knows that she cannot
return to live at her home on the 2.00 parcel that is the subject
of this petition. She has an opportunity to sell this property to
unrelated third parties and would like to do so, subject to the
approval of this petition. The balance of the property will be
given to her granddaughter for agricultural (horses) uses and
possibly construction of another residence in the future.
2. The Arthur residence on the subject 2.00 acre parcel
was built in the early 1970's. A building permit was obtained at
that time. The septic tank that was installed then, and is
presently in use, is a 1000 gallon metal tank with a perforated
pipe leach field 30 feet by 50 feet in dimension. We would submit
that there is no need for additional soil survey data at this time.
The house is served by domestic water from the Arthur Pipeline as
adjudicated in Water Case No. W-515 for .11 cubic foot per second.
The diversion structure, tank and pipeline are all in place and
serve the subject residence and the residence of Jack and Betty
Arthur. It is also contemplated that there is sufficient flow to
serve an additional residence in due course on the remaining 14.75
acre parcel. An easement, maintenance and service agreement is now
being prepared that will govern this water source as it is shared
among the three properties. This agreement will be in place at the
time of closing of the contemplated sale of the residence and 2.00
acre parcel if this petition is granted.
3. All the subject parcels have frontage on the county
road. No more than four parcels will result from the original 40
acre parcel as it existed in 1972.
4. No road or storm drainage improvements should be
required.
5. Fire protection is not altered with the granting of
this petition.
6. No drainage, irrigation or utility easements are
required. The deed of the 2.00 acres will reserve an easement for
the above mentioned water distribution system to serve the
resulting 14.75 acre parcel.
7. If a school impact fee is required, it will be paid
upon request by the County and before the approval requested is
final.
8. If additional copies of the maps submitted are
required, they will be provided upon request and before final
approval.
9. It is believed that the petition presents no problems
relating to compliance with Garfield County Zoning Regulations.
• •
LEGAL DESCRIPTION OF MARY E ARTHUR PROPERTY (14.75 ACRES )
TOWNSH/P 7 SOUTH, RANGE 92 WEST OF THE 6TH P.M
SECTION /3: NE//4 SW//4
EXCEPT THOSE PORT/ONS CONVEYED IN DEEDS RECORDED OCTOBER 3, /973 IN BOOK 450 AT
PAGE 305, OCTOBER 29, 1973 IN BOOK 433 AT PAGE 267, AND FEBRUARY 9, 1977 IN BOOK 493
AT PAGE 340, AND EXCEPT THE PARCEL DESCRIBED AS FOLLOWS :
A TRACT OF L AND CONTAINED IN THE NEI /4 OF THE SWI /4 OF SECTION /3, T. 7S, R. 92W
OF THE 6/h PRINCIPAL MERID/AN MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER, LYING IN COUNTY ROAD #3// ON THE WESTERLY LINE OF
SA/D NE//4 OF THE SW//4, WHENCE THE NW CORNER OF SA/D NE//4 OF THE SW//4
BEARS N 00'30'39" E 157.758 FEET AND THE WEST 1/4 CORNER OF SA/D SECTION
/3 BEARS N 83°5/45" W /320.305 FEET THENCE S 00'30'39" W /94.06 FEET TO THE
APPROXIMATE CENTER OF COUNTY ROAD #3/1, THENCE S 89'48' E 31.69/ FEET TO A
FENCE CORNER, THENCE FOLLOW/NG SAID FENCE, S 54'08'03" E 96.82/ FEET, THENCE
S 80'40'50" E 51.0/8 FEET, THENCE N 86'08'04" E /90.577 FEET, THENCE N 02'34'0/" E
254.277 FEET, THENCE S 88.4679" W 323.464 FEET, THENCE LEAVING SAID FENCE,
S 88°4679" W 36.9/8 FEET TO THE TRUE PO/NT OFBEGINN/NG. CONTA/N/NG
2.00 ACRES MORE OR LESS.
• •
LEGAL DESCRIPTION
A TRACT OF LAND CONTAINED IN THE NE1/4 OF THE SW 1/4 OF SECTION /3, T7S, R92W
OF THE 6Ih P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER, LYING IN COUNTY ROAD #31/ ON THE WESTERLY LINE OF SAID
NE 1/4 OF THE SW 1/4, WHENCE THE NW CORNER OF SAID NE 1/4 OF THE SW //4 BEARS
N00'30 39'E 1.57.758 FEET AND THE WEST 1/4 CORNER OF SAID SECTION /3 BEARS
N83.5I'45"W 1320.305 FEET THENCE 500'3039"W 194.06 FEET TO THE APPROX/MATE CENTER OF
COUNTY ROAD #3/1, THENCE 589•48E 31691 FEET TO A FENCE CORNER, THENCE
FOLLOW/NG SA/D FENCE, S54'08'03'E 96.82/ FEET, THENCE S80'40 50'E 510/8 FEET,
THENCE N86'08'04'6E 190.577 FEET, THENCENO2'34'O/'E" 254.277 FEET, THENCE
588.4679"W 323.464 FEET, THENCE LEAVING SAID FENCE, 588'4679"W 36.9/8 FEET TO THE
TRUE PO/NT OF BEGINNING. CONTAINING 2.00 ACRES MORE OR LESS.
•
AFFIDAVIT REGARDING BOUNDARY
it.,.DEC 1 0 1991
LINE ACCAM4g111POUNlY
The undersigned affiants being first sworn upon thereof,
depose and state as follows:
1. We are the owners of real property in the
unincorporated area of Garfield County, which is described on
Exhibit A attached hereto and incorporated herein by reference.
a. Parcel A consists of approximately 16.75 acres,
belonging to Mary E. Arthur from which 14.75 acres will be
conveyed.
b. Parcel B is approximately 11.90 acres owned by
John H. Arthur and Betty Jo Arthur.
c. Parcel C is the 14.75 -acre parcel which is the
subject of this boundary line adjustment.
d. Parcel D is the 26.65 -acre parcel created from
the boundary line adjustment.
2. We are desirous of adjusting the boundary line of
our lots and sign this affidavit in accordance with the Garfield
County Subdivision Regulations of 1984.
3. We hereby represent that no new lots will be created
and therefore, that Garfield County will not be required to issue
any building permits, other than what it would be required to issue
for the already existing lots.
4. We hereby represent that none of the parcels of
property involved in this boundary line adjustment is part of a
previously platted subdivision of record.
5. We hereby represent that the boundary line
adjustment made reference to herein will not cause the loss of
access by road or to utilities, to any parcel of property involved.
6. We hereby represent that a copy of this affidavit
will be recorded with the Garfield County Clerk and Recorder.
Further affiants sayeth not.
Dated this / day of December, 1991.
r�
,, _ ,e,
1, r., � c_c., rr' 1��
John -H. Arthur /�
BettyJ o A� thur
1
Mary E. rthur
STATE OF COLORADO
COUNTY OF GARFIELD
this
•
ss.
A The foregoing instrument was acknowledged before me on
day of December, 1991, by Mary E. Arthur.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
COUNTY OF GARFIELD
this
)
)
)
ss.
,1 The foregoing instrument was acknowledged before me on
day of December, 1991, by John H. Arthur.
r_ pFiYPU f, w
rROSE
* *
* MARIE *. *
*
STANEK *
'*k+ .
�P*
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
)
COUNTY OF GARFIELD )
ss.
Nota
Y
41''
u is
The foregoing instrument was acknowledged before me on
this 9 day of December, 1991, by Betty Jo Arthur.
Witness my hand and official seal.
y/ti
..
* ROSE **
* *
* : MARIE * *
*** "f+ STANEK
*s ,, .• «;
1
commission expires:
2
t. ry feu lic
• •
EXHIBIT A
PARCEL .A 16.75 ACRES
TOII'NS///P 7 SOUTH, RANGE 92 WEST OF THE 6TH P.M.
SECT/ON /3: NE//4 .SWI /4
frACEPT THOSE PORTIONS CONVEYED /N DEEDS RECORDED OCTOBER 3, /973 /N BOOK 450 AT
PAGE 305, OCTOBER 29. /973 /N BOOK 433 AT PAGE 267, AND FEBRUARY .9, /977 /N BOOK 493
/1f PAGE 340.
PARCEL B 11.90 ACRES
11 parcel of land in the NE%SWC Sec. 13, T. 7 S., R. 92 W., Gtl( P.H., described
as follows:
Beginning at the S.W. corner of said NESWk; thence north along the Hest
line of said 14E4;SW1; 910.0 feet; thence S. 83°09' E. 370.8 feet; thence S. 31°47' E.
958.4 feet to the south line of said NEkSW, thence S. 89°20' W. 873.0 feet, more
or Less, to the point of beginning, containing 11.90 acres, as described in
Boo}; 493 at Page 340.
PARCEL C 14.75 ACRES
TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE 6TH P.M
.SECTION 13; NEI/4 SWI/4
EA' 'cf'T THOSE PORTIONS CONVEYED IN DEEDS RECORDED OCTOBER 3, /973 IN BOOK 450 AT
PAGE 305, OCTOBER 2.9, /973 /N BOOK 433 AT PAGE 267, AND FEBRUARY 9. /977 IN BOOK 493
,4T PAGE 340, AND EXCEPT TILE PARCEL DESCRIBED AS FOLLOWS:
,4 TRACT OF LAND CONTAINED IN TI1E NEI/4 OF T/lE 51V1/4 OF SECTION 13, T.73, R.92W
OF 711E 6/h PRINC/PAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS;
/BEGINNING AT 77(E N1V CORNER, LYING IN COUNTY ROAD #311 ON 77/E WESTERLY LINE OF
:410 NE1 /4 OF T/ /E S W//4, IVHENCE THE NW CORNER OF SAID NEI /4 OF 17-16 SW//4
l7 _EARS N 00'30'39" E 157.758 FEET AND THE WEST 1/4 CORNER OF SA/0 SECTION
/3 BEARS N 83'51'45" W /320.305 FEET THENCE S 00'30:39" W /94.06 FEET TO THE
APPROXIMATE CENTER OF COUNTY ROAD #3/1, THENCE S 89'48'E 3/.69/ FEET TO A
FENCE CORNER. THENCE FOLLOW/NG SAID FENCE. 5 54'08'03"E 96.821 FEET, THENCE
5 80'4050"65W18 FEET, THENCE N 86'0'8'04" E 190.577 FEET, THENCE N 02'3401" E
254.277 FEET, THENCE 5 88.4679" W 323.464 FEET, THENCE LEAVING SAID FENCE,
5 88'4679" W 36.9/8 FEET TO THE TRUE PO/NT OF BEGINNING. CONTAINING
2.00 ACRES AFORE OR LESS.
''lie parcel to which the above parcel is being merged was recorded
in Book 493 at Page 340, Reception No. 276770, on February 9, 1977,
and is Parcel B above.
PARCEL. D
26.65 ACRES
Parcel B above and Parcel C above.
The resulting 2.00 acre parcel owned by, Diary Arthur. is the 2.00 acre
parcel described in Parcel C above as an exception.
JEAN SNYDER, GRI
Broker/Owner
Mr. Andrew McGregor
Garfield County Planning Dept.
109 8th St.
Glenwood Springs, CO 81601
Dear Andrew:
1,1
r'79,51-73
2i( �tT,r
SEP 30 1991 jl
L. P
GAi-OiLLu LuuIVTY
Re: Mary Arthur Exemption
The purchasers of the 2 acre parcel which is the subject of the
above referenced exemption indicated to me late yesterday that their
loan commitment will expire on Nov. 4th. Also as a contingency of
our real estate contract they needed to sell their mobile home which
they have done. They must close on the mobile home before Nov. 4th.
Because of these facts I would like to request that if at all
possible the hearing with the County Commissioners on the exemption
be scheduled at an earlier date. If there is any leg work that needs
to be done for the exemption process to be ready sooner I am available
to assist.
I was unable to reach Russell George in regard to this matter but
left a message at this office on Friday afternoon.
I will be out of town on Monday but back in the office on Tuesday.
I will call to see if there is any possibility of holding the hearing
sooner. I appreciate any consideration given this matter. Thank you.
Sincerely,
Jean Snyder, GRI
Broker/Owner
cc: Joseph and JoAnn Turner
Robert Chaffin
Russell George
Mary Arthur
GLENWOOD BROKERS, Ltd.
1416 Grand Avenue • Glenwood Springs, Colorado 81601 • 303/945-6000 • FAX 945-5217
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
December 16, 1991
R ussell George
Stuver and George, P.C.
F.O. Box 907
Rifle, CO 81650
RE: Mary Arthur Exemption
Dear M r. George:
At their December 16, 1991 meeting, the Garfield County Board of County Commissioners
authorized a refund of $225 for funds not expended in the processing of the Mary Arthur
Exemption application. A check should be forthcoming within 30 days.
Enclosed is the Affidavit Regarding Boundary Line Adjustment that was sent to our office for
review. The proposal appears to conform to the intent of the County Subdivision Regulations.
We have retained a copy of the document for our files. The next step in the boundary line
adjustment process is to record the document with the Garfield County Clerk and Recorder.
if you have any questions regarding this matter, do not hesitate to call.
Sincerely,
Andrew C. McGregor
Planner
ACM/rib
Enclosure
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
ROY ROMER
Governor
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [303] 866-3589
October 9, 1991
Mr. Andrew McGregor
Garfield County Regulatory
Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Arthur Exemption
NE1/4, SW1/4, Section 13, T7S, R92W, 6TH PM
Water Division 5, Water District 45
Dear Andrew,
JERIS A. DANIELSON
State Engineer
pn
OCT 15 1991 i''
r
( Ak ILLS a,� i 1i TY
We have reviewed the above referenced proposal for comments on a subdivision exemption
for a 16.75 acre parcel to be split into two lots of 2.0 and 14.75 acres. Currently there is an
adjudicated spring, Case No. W-515, for the existing single-family dwelling on the 16.75 acre parcel.
The applicants wish to use this spring as the source of water for the second lot.
Two items need addressing. First, the spring was adjudicated for use in "one single-family
dwelling" as stated on the last page of the decree. If the applicant wanted to use the spring for an
additional dwelling, historic use for a second dwelling would have to be established and verified
by the Water Commissioner. In addition, the change to the existing decree allows current statutes
to apply and the decreed surface water right for the spring would be evaluated as a well due to the
improvements made to the spring. Augmentation water would be needed if this scenario were
pursued.
Second, the parcel has been split twice since 1972. The narrative accompanying the
application states that the 40 acre parcel was split in 1972 and again in 1977. This would be the
third split for the original 40 acre parcel. Due to the cumulative effect of injury to water users, we
cannot recommend approval of this third time split.
Should you have further questions regarding this submittal, please contact this office.
JTS (f)/clf:arthur
cc: Orlyn Bell, Division Engineer
Robert Klenda, Water Commissioner
Bruce DeBrine
Sincerely,
Judy T.Sappington
Water Resources Engineer
ROGERS & ASSOCIATES
PUBLIC RELATIONS/ PUBLIC AFFAIRS
MARKETING COMMUNICATIONS
October 9, 1991
Planning Department
Garfield County
109 8th Street, Ste. 303
Garfield County Courthouse
Glenwood Spring, CO 81601
ocr 11 1991 jJ
Re: Public Notice re Mary Arthur
Gentlemen:
My property is located at 0811 County Road
property on the west side.
I have no objection to granting Mary Arthur
described in the Public Notice.
Very truly yours,
/A. )
Ron Rogers
RR: tl
cc: Russell George, Esq.
Stuver & George, P.C.
\DATA\WP\ 1000\\4502-1
2029 CENTURY PARK EA- F,, SUITE 1010
LOS ANGELES, CALIFORNIA 90067
TELEPHONE: (213) 552.6922
FAX (213)552-9052
J
313, New Castle and adjoins Mary Arthur's
the exemption to divide her property as
• •
NAMES AND ADDRESSES OF OWNERS OF RECORD
OF LAND IMMEDIATELY ADJOINING PROPOSED EXEMPTION PROPERTY
Richard D. and Kay D. Morgan
1107 County Road 294
Rifle, CO 81650
Lawrence D. Wilson
P. O. Box 5891
Carmel, CA 93921
Ronald J. and Lisa Specht
Attention: Rogers & Associates
2029 Century Park East, Suite 1010
La Angeles, CA 90067
Ron McCray
McCray Ranch Company, Ltd.
0551 County Road 324
Silt, CO 81652
John H. and Betty J. Arthur
9674 County Road 311
Silt, CO 81652
Kinney Oil Company
P. O. Box 3086
Denver, CO 80201