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Home My WebLink About1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) §30-28-101 (10) (a) - (d) as amended, and §§ 2.02.01(d) and 3.01.01 of the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, the undersigned peitioner respectfully requests the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a 659 acre tract of land into two tracts of approximately 659 and 2 acres each, more or less, from the definitions of "subdivision" and "subdivided land". The basis upon which the exemption is requested is that the subdivision falls within situation 1 of Garfield County Resolution 80-65. The 659 acre Ranch of concern herein was conveyed to A.W.R. Sheep Co., a limited partnership, by Jany A. Jewell in 1981 for estate planning purposes. The partner- ship is comprised of Jany A. Jewell, her husband and her children. Again for estate planning purposes, the partnership desires to convey a 2 acre parcel of the Ranch to Janey Ruth Elder, a daughter of Jany A. Jewell. Although the conveyance is not from a mother to a daughter in its strict construction, for all practical purposes it is. The conveyance definitely falls within the legislative purpose of situation 1 of Garfield County Resolution 80-68. Petitioner also requests that the Board of County Commissioners find that this subdivision does not create a "new residential site" within the meaning of Garfield County Resolution 81-111. The 2 acre parcel to be conveyed has been used as a residential site for over 20 years. Since there will be no impact on the community within the legislative meaning and purpose of Resoultion 81-111, Petitioner requests that this subdivision be exempted from its provisions. The following exhibits are submitted in support of this peition. A. Map drawn to scale showing proposed lot subdivision and access, and legal descriptions of the parcels. B. Copy of deed C. Vicinity map and practical description of property location D. Statement on source of domestic water and on method of sewage disposal E. Evidence of the soil types F. Copy of Assessor's map showing the property G. Fee in the amount of $52. Submitted at Glenwood Springs, Colorado, this I{ day of C/t , 19 A.W.R. SHEEP CO. , L. War Jewell t X�� o general partner of A.W.R. Sheep Co. Mailing Address: c/o Petre & Zimmerman P.C. Attention: Gregory Zimmerman P. 0. Box 400 Glenwood Springs, CO 81602 • Map Unit No. 30C SOIL CHARACTERISTICS Depth to bedrock Texture Surface Subsoil Substratum Unified Classification Permeability Percent coarse fragments (greater thaq 3 inches) Salinity (ECx10 €' 25°C) pH (surface) Shrink -swell Potential Potential frost -action (surface) Flood Hazard Hydrologic Group Corrosivity Steel (uncoated) Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements w/0 basements Local Roads & Streets SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Roadfill Sand Gravel Topsoil EXHIBIT "E" • More than 60 inches Loam : Sandy clay loam to clay loam : Gravelly sandy clay loam, gravelly CL -ML, CL, SM -SC, SC, GM, GM -GC • Moderate • 0 6.6-7.3 Low Low None B Moderate Low Severe) . M Peres slowly . M Small stones, seepage, slope 0 : 0 . S Cutbanks cave, small stones : 0 0 0 . Fair, small stones . Fair, low strength Unsuited Poor, excess fines Fair, small stones SUBJECT TO CHANGE. NOT TO BE USED fN PLACE OF ON-SITE INVESTIGATION sandy loa • • 'Map Unit No.1OD SOIL CHARACTERISTICS Depth to bedrock : More than 60 inches Texture Surface : Loam Subsoil : Clay l.oatn Substratum : .Lo:ai Unified Classification : ML, CL Permeability : Moderate Percent coarse fragments . (greater that 3 inches) Salinity (ECx10.S @ 25°C) pH (surface) . 6.6-7.8 Shrink -swell Potential : Low to moderate Potential frost -action (surface) : Low Flood Hazard : None Hydrologic Group : B Corrosivity Steel (uncoated) : High Concrete : Moderate DEGREE & KIND, OF .LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Field: : M Slope Sewage Lagoons S Slope Sanitary Landfill Trench • 0 Area . M Steep slope Shallow Excavations : M Slope Dwellings w/basements : M Low strength, slope w/0 basements . M Low strength, slope Local Roads & Streets : M Low strength, slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill : Fair Slope Roadfill : Fair Low strength Sand . Unouited Gravel . Unsuited Topsoil : Fair Small stones, slope si SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION r Recorded a3 412: o'clock ' - M. JUN 0 4 1981 Receirtion No. 1 EXHIBIT "B" 9,c1A,a4 geed KNOW ALL MEN BY THESE PRESENTS THAT JANY A. JEWELL ..,.1 First Party 1531 County Road 259 • 4 P.O. Box or Street Address Rifle, Colorado 81650 City State Zip .3.I.11( 573 e.GE445 RECORDER JUIN 0 4 1981 <r: r-m.fr iTY. f * 0 a Colorado Corporation ❑ a Partnership O a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby A.W.R. SHEEP CO., a Limited Partnership Second Party 1531 County.,Road 259 P.O. Box or Street Address Rifle, Colorado 1 City State 5 81650 Zip *0 individually ❑ joint tenancy ❑ tenancy in common ❑ a Colorado Corporation ❑ a Partnership EC a Limited Partnership sells and conveys to the following described property in the County of Garfield and State of Colorado: TOWNSHIP 5 SOUTH, RANGE 92 WEST of the 6th P.M. Section 21: Section 22: Section 26: Section 27: Section 28: Section 34: E1/2SE4SE4 SW a SW 4 SWaSW4 W NNW , N 2SW 4, SE aSW 4 j S ISE 4 and the Easterly 25 acres of the SW qSW 4 E2NEaNE4 ENW4, NE4 (see reverse hereof) with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other Mineral reservations and exceptions, if any SIGNED this 10thday of March , A.D. 19 80 GLvr�v1 �� any Ar Jewel NO DOCUMENTARY FEE REQUIRED CONSIDERATION LESS THAN $100.00 STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 10th day of March g 80 by Jany A. Jewell. 01::r4s yhand and official seal. coira.4`�,Sion expires: 8/30/83 "t451 .Pr re with x. lingutar shaIglLiuc,,11.plural as context requires. 4.ar.,...... Notary Public 0 m 0 0 z 0 v D 0 D O '^ m 0 m z els xe3 ain}n; puri m 0 0 TC.) 0 C0 co 0 0 U 0 1.0 0 0 n 0 n papao�aa Ainp pue ' w STATE OF COLORADO, ) ) ss. County of I hereby certify that this instrument was filed for record here in my office this day of JUN .y 0 4 1981 19.._ . -i O 573 ir_446 Together with any and all ditch and water rights belonging to, used upon or in connection with said property Except a triangular tract of land in the Southeast corner of the SE4NE4 of said Section 34 as described in deed recorded as Document No. 170182 in Book 245 at Page 548 of the Garfield County records. Also except, all that part of the SE4NW4 of said Section 34 southerly of a line fence as particularly described in document recorded in the Office of Clerk and Recorder of Garfield County as Document No. 239980. All of the above described property contains 659.1 acres, more or less. • • EXHIBIT D STATEMENT ON SOURCE OF DOMESTIC WATER AND ON METHOD OF SEWAGE DISPOSAL Domestic Water is stored in a cistern, which is filled from Farmer's Irrigation Ditch. Sewage disposal is provided by means of a septic tank and leachfield. EXEMPTION NAME: 7),,,,eL_:< (,„ PURPOSE OF EXEMPTION:. �� / , 9 �Q ZONING: QUALIFICATION FOR S.B. 35 6v2,0.24,9 -2/o C,4',./.o' LOCATION OF SITE: 7 rn/ /0e: ,5746e62,9?, /R OF WATER DIV.7RESOURCES ` ESPO4....„-x y a SEWER: CHECK LIST: FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) .5e MAP showing proposed lots and access )! DEED VICINITY MAP "...) 100 yr floodplain info. �( SOIL MAP fj a IF community water, letter of approval from governing body COMMENTS: 69- 7/do-c_ '�2�-3-- c .041 GEORGE J. PETRE ROBERT 5. ZIMMERMAN COURTNEY G. PETRE DANIEL B. PETRE GREGORY P. ZIMMERMAN July 21, 1982 LAW OFFICES PETRE & ZIMMERMAN A PROFESSIONAL CORPORATION POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 Ms. Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 AREA CODE 303 945-6521 D JUL 2 2 1982 E yu 4f��d,y Re: A.W.R. Sheep Company Subidivision Exemption Dear Terry: Enclosed please find the legal description for the subdivision exemption we received for A.W.R. Sheep Company. The expira- tion of the 120 days from the date of the hearing occurs August 5. Excuse me for getting this to you so close to the deadline, but it took us this long to resurvey the tract and obtain a description of the right of way. Thank you for your assistance in this matter. With kindest regards, PETRE & ZIMMERMAN, P.C. 6)ze Gregory P. Zimmerman GPZ/der Enclosure • • ,4u3 e. S hem Co. A tract of land situated in the South half of Section 27, Township 5 South, Range 92 West of the 6th P.M., described as follows, to -wit: Beginning at a point whence the Southwest corner of Section 27, Township 5 South, Range 95 West of the 6th P.M., Garfield County, Colorado bears S. 65°52'01" W. 2,140.21 feet; thence N. 8°04'30" E. 150.00 feet; thence S. 89°19'14" E. 1,485.31 feet; thence S. 22°40'46" W. 160.43 feet; thence N. 89°19'14" W. 1,444.52 feet to the point of beginning; said tract containing 5.002 acres, more or less. Together with a thirty foot wide easement for ingress and egress lying fifteen feet either side of the following described centerline: Beginning at a point on the western line of said 5.02 acre tract, whence the Southwest corner of Section 27, Township 5 South, Range 95 West of the 6th P.M., Garfield County, Colorado bears S. 8°04'30" W. 59.93 feet and S. 65°52'01" W. 2140.21 feet; thence along said center- line the following eighteen courses: N. 86°26'52" W. 173.66 feet; thence along a curve to the left having a central angle of 40°54'18", a radius of 120.00 feet, an arc length of 85.67 feet and of which the chord bears S. 73°05'59" W. 83.86 feet; thence S. 52°38'50" W., 70.06 feet; thence along a curve to the left having a central angle of 30°18'04", a radius of 100.00 feet, an arc length of 52.89 feet and of which the chord bears S. 37°29'48" W., 52.27 feet; thence S. 22°20'49" W. 464.25 feet; thence along a curve to the right having a central angle of 43°02'25" a radius of 130.00 feet, an arc length of 97.66 feet and of which the chord bears S. 43°52'02" W. 95.38 feet; thence S. 65°23'14" W. 394.42 feet; thence along a curve to the left having a central angle of 14°09'04", a radius of 580.00 feet, an arc length of 143.25 feet and of which the chord bears S. 58°18'42" W. 142.89 feet; thence S. 51°14'10" W., 186.48 feet; thence along a curve to the right having a central angle of 41°21'55", a radius of 100.00 feet, an arc length of 72.20 feet and of which the chord bears S. 71°55'08" W. 70.64 feet; thence N. 87°23'55" W. 137.19 feet; thence along a curve to the left having a central angle of 7°25'18", a radius of 390.24 feet, an arc length of 50.55 feet and of which the chord bears S. 88°53'26" W. 50.51 feet; thence S. 85°10'47" W. 39.69 feet; thence along a curve to the right having a central angle of 9°33'40", a radius of 600.00 feet, an arc length of 100.12 feet and of which the chord bears S. 89°57'37" W. 100.01 feet; thence N. 85°15'33" W. 150.72 feet; thence along a curve to the right having a central angle of 7°41'54", a radius of 800.00 feet, an arc length of 107.49 feet and of which the chord bears N. 81°24'36" W. 107.41 feet; thence N. 77°33'39" W. 20.94 feet; thence along a curve to the left having a central angle of 102°35'20", a radius of 66.79 feet, an arc length of 119.59 feet and of which the chord bears S. 51°08'41" W. 104.24 feet to the point of termina- tion on existing County Road No 259 whence the Northeast corner of said Section 33 bears N. 0°01'14" W. 69.92 feet. 2:45 P.M. Senate Bill 35 Exemption Request: AWR Sheep Company, L. Warren Jewell signing for the company. PURPOSE: To split a 659 acre tract into 2 tracts of 657 and 2 acres each, the smaller parcel to be conveyed to a daughter who is a partner of AWR Sheep Company. ZONING: A/R/RD QUALIFICATION: Conveyance to child LOCATION: 41/2 miles northeast of Rifle on County Road 259. COMP PLAN: District C P D , 5 acre minimum lot size MISCELLANEOUS: The proposed 2 acre tract has an existing mobile home on-site, which is presently served by a storage tank and water from the Farmer's Irrigation Ditch. RECOMMENDATION: For denial of a two -acre split OR RECOMMENDATION: For approval with the following amendments and conditions: 11 That the applicant amend their request to represent a 5 acre minimum lot size; .-22-)—That the applicant bring the 5 acre tract into compliance with present regulations by anplying for a well permit (on an adjoining 35 acre tract, if need be), a copy of which would be submitted to the Planning Department prior to issuance of the exemption resolution; —3� - Receipt of a $200.00 school assessment fee by the Planning Depart- /) . ment prior to issuance of the exemption resolution. / ATES HE INTERIOR URVEY 26 oom E. .266 1267 —fes /i ` Je - ✓ }• 9 • nr— E— •�„ i!t,i r n •r ►\ 7257,1\ I / • ,.• - am • 7, r • t`,,\ J z •r t \ EXHIBIT 42'30' 710 kl:Igere 1 ;r• VICINITY MAP STATE OF COLORADO DEPARTMENT OF NATURAL RESOUF (GRAND HOGBACK I:125 0001 r I..' -'1 tj 11, j :I in I {, i `?� (From Silt Quadrangle.) I • Y��/ r - J r ` • sl -14., • 761 t ` i/ C PRACTICAL DESCRIPTION OF LOCATION: 42 miles Northeast of Rifle on County Road 259. • ly t •. 2) • • 1• • iJ Scr)1 J 1 / 7 ' Y . - -.–c7 ._ 5545 __. , .5537 __— • o II -I I nr 1' 34 x_5344 C A C ,. U S VALLF I'.. 1 V A L L .E 53? • / '1 GEORGE J. PETRE ROBERT 5. ZIMMERMAN COURTNEY G. PETRE DANIEL B. PETRE GREGORY P. ZIMMERMAN March 11, 1982 LAW OFFICES PETRE & ZIMMERMAN A PROFESSIONAL CORPORATION POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO =1602 Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 AREA CODE 303 945-6521 I g 1$92 ri.tuteidi Dear Terry: Enclosed please find a Petition for Subdivision Exemption for the A.W.R. Sheep Company. This Exemption should be scheduled for hearing with the other two Petitions that we have previously presented to you. I also have enclosed a short memo explaining the concept of a life estate and remainder. This should help clarify the situation of the parcel on Horse Mountain. Please advise if you have any questions. With kindest regards, PETRE & ZIMMERMAN P.C. Gregory P. Zimmerman GPZ/der Enclosures