HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMSSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTIONS
Pursuant to C. R. S. 106-2-33 (3) (d) (1963), as amended, the undersigned,
William E. Beeman and Lizabeth R. Beeman respectfully petition the Board of
County Commissioners of Garfield County, Colorado, to exempt by resolution 2
parcel (s) of land, more fully herein described, and for the reasons set forth
herein.
1. Petitioners are the owners of a tract of land in Garfield County, Colorado,
A) A tract of land situate in portions of lots 2 and 3, Section 14,
Township 7 South Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: Beginning at a point whence
the West 1/4 corner of said Section 14 bears S. 84°06'41" W. 1398.87
feet; thence S. 00°03'30" E.312.29 feet; thence N. 45°29'25" W.520.42
feet; thence N. 00°03'30" W. 491.06 feel; thence East 70.04 feet; thence
S. 55°18'11" E. 366.00 feet; thence S.00 03'30" E. 335.26 feet to the
point of beginning containing 5.013 acres more or less.
B) A tract of land situate in portions of Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian,being
more particularly described as follows: Beginning at a point whence
the West 1/4 cornerd of said Section 14 bears N. 89 44'15" W. 860.89
feet; thence N. 00 03'30" W.691.06 feet; thence East 160.00 feet;
thence S. 00°03'30" E. 491.06 feet; thence S. 45°29T" E. 520.42
feet; thence S 00°03'30" E. 214.67 feet; thence N.54 27'15" W.652.79
feet to the point of beginning containing 5.000 acres more or less.
2. Petitioner desires to sell 5 acres of his ground to his brother to obtain
the money necessary to finance well drilling, sewer facilities and build-
ing costs for his own home on the remaining 5 acres.
Domestic water for both tracts wil]. be obtained from 1 well with both
parties sharing the expense.
Each tract will have its own seperate sewer system (the type recommended
by the Environmental Health office).
Access to each is by way of deeded road easement as described on the
attached Warranty Deed from Homer E. Chapman to Petitioner.
3. A copy of the above mentioned Warrenty'.Deed conveying the property to
Petitioner is attached as is Resolution for Exemption to SB - 35.
Dated at Glenwood Springs, Colorado this day of
19
WHEREAS, William E. Beerman and Lizabeth R. Beerman have petitioned The
Board of County Commissioners of Garfield Count ,,Colorado, for an exemption
under C. R. S. 106-2-33(3) (d) (1963 as amended) for the division of 10 acre
tract into 2 tracts of approximately 5 acres, more or less, and more particularly
described as follows:
#1 - A tract of Land situate in portions of ',Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: Beginning at a point whence
the West 1/4 corner of said Section 14 bears S 84 06'41" W 1398.87 feet;
thence S 00°03'30" E. 312.29 feet{'thence N. 45°29'25" W. 520.42 feet;
thsnce N. 00°03'30" W. 491.06 feet; thence East 70.04 feet; thence S.
55-10'11" L, 366,00 feet! thence 5:00-03'30" E, 335,26 feet to the point
of beginning containing 5.013 acres more or less.
#2 A tract of land situate in portiozis Of -Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: 'Beginning at a point whence
the West 1/4 comes of said Section 14 bears N. 89 44'15" W. 860.89
festa thence N. 00 03'30" W.691.06 feet;o thence East 160.00 feet; thence
S.00 03'30" E. 491.06 feet; thence S. 45 29'25" E. 520.42'feet; thence
S.00°03'30" E. 214.67 feet; thence N. 54°27'15" W. 652.79 feet to the
point of beginning containing 5.000 acres more or less.
WHEREAS, The Petitioners have shown to -the satisfaction of the Board of County
Commissioners of Garfield County, Colorado that they desire said exemption for
the purpose of re -sale into single-family residential acreage, and
WHEREAS, Petitioner has demonstrated to the satisfaction of the Board that
there is a reasonable probability of locating domestic water on each of said
5 acre tracts, however at this time it is the theory that both 5 acre tracts
shall use the same well, that there is adequate ingress and egress to said tracts,
that the location of septic tanks will be permitted by the Colorado Department
of Health, as evidenced by the attached Letter of Feasibility for Sewage Disposal,
that the requested division is in accordance with the general purposes and intent
of the subdivision regulations of the State of Colorado and the County of Garfield
and that said division will actually restrict the'density of housing within said
area and should therefore be exempted from the definition of the terms "subdivision"
and "subdivided land" as set forth in C. R.S. 106-2-33 (3) (d) (1963 as amended);
NOW, THEREFORE, upon motion of seconded by
and unanimously.carried said acre tract of
land is hereby exempted from such definition and transfer of said tract may be
made by division into tracts of acres, more of less,
all as is more fully described in the Petition pertaining hereto. A copy of the
instrument or instruments of conveyance when,recorded shall be filed with this
Resolution.
Dated this day of ` ,1974.
Attest:
THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUNTY, -COLORADO
By:
Proceedings of the Board of County Commissioners, Garfield County, Colo., 19
Lamont Kinkade presented a voucher to refund a 320.00 septic permit fee to Joseph L. & Rita
V. Belle of Dearborn, Michigan which was issued February 6, 1974. It was discussed by the Board
that speculation on property did not justify a refund and that a precedence was not to be started
at this point. Lynn Hill made a motion the refund be denied. E. L. Busby seconded the motion.
Motion passed unanimously.
The Board adjourned at 5:00 o'clock P.M.
e
MONDAY JULY 15, 1974
The Board met in regular session there being present Chairman Pete Mattivi and Commissioner.
E. L. Busby, Lynn Hill being absent. County Attorney Gerald Hartert and Administrative Assistant
Pete Weaver.
Paul Lindauer presented his petition and resolution to be exempt from SB -35 and sell 17.734
acres more or less located in the NH4, Sec 13, T -7-S, R -96 -id, 6th PM. Motion by Busby, seconded
by Mattivi in the absence of Hill. The motion passed unanimously. $15.00 filing fee paid.
A seperate tract (owned by Paul Lindauer) containing 34.87 acres, more or less, located in
Sec. 13, T -7-S, R -96-i3, 6th PM which is deeded separately and separated by the Highway 6 & 24 was
directed by Mr. Hartert, County Attorney, to be exempt from SB -35. The application for ammendment.
to have the property re -zoned from Resources/Lands to Residential/General/Surburban/Density was
referred to the Planning and Zoning Commission on a motion by E. L. Busby4nd seconded by Pete
Mattivi in the absence of Hill, motion passed unanimously. Application and filing fee of :$100.00
was received by Clerk.
Dwayne Van Why and Jerry Bower presented their preliminary Industrial Park Complex (Colton
Area) to the Commissioners. All appeared in order and was sent to the staff and Planning and Zoni
Commission on a motion by E. L. Husby and seconded by Pete Mattivi in absence of Lynn Hill. Motion
passed unanimously.
Joy Ridge Mobile Park (Grand Valley Area Sec. 13, 7-S, 964, 6th PM) was presented by Ms Joyce
Risley. The first step of the project was referred to the staff and Planning and Zoning Commission
by a motion from E. L. Busby, seconded by Pete Mattivi in the absence of Lynn Hill. Motion passed
unanimously.
g
Upon further investigation it was determined that the subject lands were improperly zoned
and warranted additional work. The motion was rescinded by Mr. Busby and seconded by Mattivi,
rescinding motion passed unanimously.
Elmer Claycomb (Frazier and Gingery) presented the Preliminary Plan on the Vallhalle
Subdivision (Chuck Becker - Cattle Creek Area) total area contain 248 acres more or less. Total
dwelling unit of 115 or approximate coverage of 25%, the remaining acreage remains as open space.
The presentation was accepted pending zoning compliance and was referred to Planning and Zoning
and staff on a motion by E. L. Busby and seconded by Pete Mattivi in the absence of Lynn Hill.
Motion passed unanimously.
Elmer Claycomb (Frazier and Gingery) presented Sketch Plan on the Colorado River Industrial
Park (West of Coors Warehouse)the complex to be limited Industrial and Commercial uses. Total
area 8.5 acres to be divided into nine building sites. Water to be supplied by Glenwood Springs,
Sewage for an interim period will be individual septic units, pending Glenwood Springs sewer plant
to possibly be located on Chatfield property.
E. L. Hoops, Jr. is the owner of the property and subsequently the developer.
Motion to refer the sketch plan to Staff and Planning and Zoning Commission was made by
E. L. Busby, seconded by Mattivi in the absence of Lynn Hill. $15.00 filing fee paid.
Bob Chancellor (Rifle Land Associates, Ltd,) presented the preliminary plans on the Garfield
County Industrial Park Complex (South of Rifle). The operators would like to present the proposal
in stages and start with the residential and Mobile Home Park. The Commissioners approved of the
concept and directed the firs to proceed as proposed.
E. Ross Thompson and Linda L. Clark appeared before the. Commissioners to apply for a 3.2 beer
license for a store at the Ranch of Roaring Fork. Under advisement of G. Hartert all they present-
ed conformed with the rules and regulations for on and off premises consumption. A motion by
E. L. Busby and seconded by Pete Mattivi in absence of Lynn Hill to approve the license as present-
ed. Motion passed unanimously.
William E. Beerman presented a petition and resolution for an exemption to SB - 35 on a ten
acre tract located in Sec. 14, T -7-S, R -88-W, 6th PM. The two five acre tracts are described
within lots 2 and 3 of Section 14, T-7-8, R88W 6th PM and further described in the petition for
exemption. Motion to approve the petition and resolution was made by E. L. Busby and seconded by
Pete Mattivi in the absence of Lynn Hill. Motion passed unanimously. $15.00 filing fee paid.
Bob Richardson presented a petition and resolution for Jim Jowell to subdivide some 29 acres
located on Cattle Creek and further described within lots 10,14, and 15 of section 10, T -7-S,
R -88-W 6th PM. The proposed SB - 35 exemption was first presented to the Garfield County
Commissioners on April 3, 1973. The exemption being in order and in compliance with Commissioners
request of April 1973, motion by E. L, Busby, seconded by Pete Mattivi in the absence of Lynn Hill
to grant the petition and accept the resolution. Motion passed unanimously.
Larry Antonelli presented a petition and resolution for a SB -35 exemption. The property
described within lots 39 & 42 of T -6-S R -92-W 6th PM, containing 9.34 acres. Motion by E. L. Busby;
and seconded by Pete Mattivi in the absence of Lynn Hill to approve unanimously. $15.00 filing fees.
paid.
Robert Scarrow appeared before the Commissioners to discuss tracts up Three Mile Canyon.
Petition and Resolution on properties previously sold by Tom Walker the intention is to give the
U,CcU.a.SJ V1 talc uVULU y \.u1111111JJlullelb, va111e1U L,OU11Ly, I.UIU., laJ
rxt e, s, xo mtet ao.,^aexrn
present owners the land they purchased and be platted to clarify descriptions for the Assessors
Office. The named person owning property are as follows:
1) George V & Verlie I Gonterman
2) Ben F E: Hazel M Naylor
3) M M & Gladys W Griffith
4) May Knight
Motion by E. L. Busby, seconded by Pete Mattivi in the absence of Lynn Hill to approve the
petition and resolution for exemption to SB -35. Motion passed unanimously. Due to the fact that
survey is concerned with the County Road the Filing fee was waived.
Gene Allen (McDowell -Smith & Assoc) presented the sketch plan for the proposed Kimberley
Subdivision owned by Otto Zinko (New Cardiff Bridge Area). Meeting all rules and regulations on
a motion by E. L. Busby and seconded by Pete Mattivi in the absence of Lynn Hill to refer the
data to Planning and Zoning and Staff for review. Motion passed unanimously. ;515.00 filing
fee paid.
e Board adjourned at 5:00 o'clock P.M.
TUESDAY JULY 16, 1974
The Board met in regular session there being present Chairman Pete Mattivi and.Commissioner
E. L. Busby, Lynn Hill being absent. County Attorney Gerald Hartert and Administrative Assistant
Pete Weaver.
Motion to adopt the following Resolution by E. L. Busby and seconded by Pete Mattivi in the
absence of Lynn Hill. Motion passed unanimously.
WHEREAS, the Garfield County Board of Commissioners has received a letter dated June 19, 1974,
from the Executive Director, Department of Local Affairs, setting forth requirements of eligibilit
for financial assistance pursuant to H.B. 1041 (1974), and
WHERZAS, Garfield County desires to participate in the program and comply with the requirementb
of H.B. 1041 to effectuate proper planning within this county.
NOW, THEREFORE, BE IT RESOLVED that
1. This County will make the program of identification and designation of matters of state
interest a part of this County's comprehensive planning program.
2. This County will meet standards established by the Department of Local Affairs relative
to scope, detail, accuracy and comparability.
3. This County hereby finds that the following are examples of development pressures within
the County:
a) Mineral Resource Areas
b) Natural Hazard Areas
c) Historic and Archaeological Sites
d) Wildlife Habitats
e) Airports and Airport Areas
f) Public Utilities
g) Highways and Interchanges
h) Water and Sewage Facilities
i) New Communities
j) Water Projects
k) Nuclear Detonations
4. This County will submit a detailed work plan in compliance with the requirements of said
letter indicating how financial and technical assistance will be used for identification and
designation of matters of state interest within the territory of the County, including all
municipalities.
ATTEST:
Dated this 16th day of July, 1974.
Ella Stephens
Ella. Stephens, County Clerk
THE BOARD OF COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
Pete J. Mattivi
.- a P
L. Busby
Lynn
Mr. Goodale was directed by the Commissioners to proceed with the work plans to meet with
the above Resolution.
J/J *fid r���at 5:00 o'clock P.M.
eu,
ler,
SEE PAGE 125 FOR NEXT MEETING DATE — MONDAY JULY 29 __1974
01 GARFIELD COUNTY
ENVIRONMENTAL 'HEALTH
GLENWOOD SPRINGS, COLORADO B16O1
PHONE 94S-7255
2014 BLAKE AVENUE
•
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado 81601
RE: Letter of Feasibility for Sewage Disposal
Gentlemen:
Based on the information received by this office and past
experience with sewage disposal facilities in the immediate
area of the proposed exemption, it has been determined by this
office that on -lot sewage disposal facilities are both feasible
and practical, commensurate with both county and state regula-
tions, provided that proper permits .are obtained prior to con-
struction.
It should be further noted thatdue to the following con-
ditions
only the following types of on -lot sewage disposal systems would
be acceptable:
/standard septic tank and absorption field Oa��-
septic tank -dry well
,/ pre-engineered treatment plant and subsurface dispersal
area
sealed subsurface evapo-transpiration system
vault (with alarm system)
other as specified:
If we can be of any possible further assistance, please do
not hesitate to contact our office at'2014 Blake or call 945-7255.
Lamont L. Kinkade, R.P.S.
Director
Environmental Health
Sincerely,
Edward L. Feld, Deputy Sanitarian
Garfield County
RJ -5-71
C( )RA\DO DIVISION OF WAVIER RESOURCE"
101 Co nnc Bldg., 1845 Sherman Street, Denver, Colorado 13
LYPE OR YhINT IN BLACK INK.
APPLICATION MUST BE COMPLETED BEFORE ACCEPTANCE.
UPLICA121 ON FOR:
A PERMIT TO
a A PERMIT TO
RE—PLACEMENT
l A PERMIT TO
O'I I 1
USE GROUND WATER
CONSTRUCT A WELL.
FOR NO.
INSTALL A PUMP
aPPLIGANT Will dam E Beerman-
Street Address 922 Colorado Avenue
City- & Stale
GROUND WATER TO BE USED FOR:
XX DOMESTIC (1)
XX LIVESTOCK (2)
MUNICIPAL (8)
XX
e [ttA:tticu
OTI-IER Latin and garden
isEp21:'3&2
ITVOE S
REOURGET
C i�' zAL (4)
INDUSTRIAL (5)
IRRIGATION (6)
WELL LOCATION
COUNTY Garfield
NE 4 of the
NE T of Section 14
0/6th P.
Glenwood Springs-. Colorado T. 7 p , R. 88 W
IN ADDITION TO THE ABOVE, THE,WELL MUST .BE
Telephone No. 945 8'397 or 945 8151 , LOCATED WITH REFERENCE TO GOVERNMENT SURVEY
NAM); OF AQUIFER GROUNDWATER IS TO BE OBTAINED CORNERS, MONUMENTS OR SECTION LINES BY DISTAN
AND BEARING (DOMESTIC WELTS MAY BE LOCATED BY
LOT, BLOCK, & SUBDIVISION.) .
FROM: Basalt or Redrock
PROPOSED TOTAL DEPTH OF WELL
200
ESTIMATED MAXIMUM PUMPING RATE 15
Ft. 450
ADAGE ANNUAL AMOUNT OF GROUND" WATER TO BE
APPROYEIATED 1-2
A TI'1C 1 NATH'il Gpnum PROGRAM
1.4ateriI
Internals`
Plac 'metnt Method
PROPOSED CASING:
Clay or Cement
GPM
Acre-feet
25'
Perf.
SI
i n . from
in. from
La. from 180
in. from
0
Dry T1 er Mountain Drilling
ft . Lo- . 180" ft.
ft7 . to: ft.
ft.. to: 200 ft.
ft.
Address ..-... - . •rado
No.. 697
171
ft. from North
(North or South)
ft, from East
(East or West)
LOT BLOCK
SUBDIVISION
Ground Water Basin ROARING FORK or COLORADO
FILING #
section 1
section 1
Water Mgmnt. Dist.
38
Anticipated drilling date 11-18-72 19
Owner of land on which well
• iS. located:
William E_ Beerman and Lizabeth R Beerrnan
Other water rights on this land. None
Signature of Applicant
IF WELT, IS USED FOR IRRIGATION, BACK SIDE OF THIS APPLICATION MUST BE COMPLETED.
CONDITIONS OF APFROVAL
FOR OFFICE USE ONLY 3 7 1 7 ,-- T'kA) 0
APPLICATION APPROVED: VALID FORS ((,) YEAR
AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD
CAUSE SHOWN TO THE ISSUING AGENCY.
PERMIT NO. 65581.
DATE ISSUED OCT 1 G 1972
This well stiall ba used in such a way as to:not cause .
material injury to existin eater rights. The issuance-
of- this permit dcvs not assure the copicant that no
injury will occur to' another vested water right or
preculde another comer of a vested water right from
seeking re:ief in a dui! court action.
DIVISION OF WATER RESOURCES
STATE ENGINEER'S OFFICE
DENVER, COLORADO
i
Received of j/
Address e".7:,;32-..-1--. L ;• „41
Amount Received
Date
VEER ii
�9 7 -- No. G W 37972
Dollars $ 9'S e2 U
STATE EIJWNEER
By ✓/�
Check No.
- WRA-80-7I
(•PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY
M O. Cash Permit No Approved
RECEIPT- COPY
Concerning Well Permits
Concerning Miscellaneous
Items
Re: •Iacement
onstruction. 'f%3,, ..,,,,c.:`_Final
Late Registration
/-
Inc. Yield
Sale of Books
Copy of Record
Chg. of Record
Cert. of Doc.
License
Other
STATE EIJWNEER
By ✓/�
Check No.
- WRA-80-7I
(•PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY
M O. Cash Permit No Approved
RECEIPT- COPY
10/06/20'05 10:58 AM Hill, Kinney, Woods 970-963-3131 1/7
LAW OFFICES
HILL, KINNEY & WOOD, LLC
SPRUCE PROFESSIONAL BUILDING
201 MAIN STREET, SUITE 301
CARBONDALE, COLORADO 81623
THOMAS C. HILL TELEPHONE
THOMAS KINNEY (970) 963.3900
JOSLYN V. WOOD FACSIMILE
(970) 963-3131
FACSIMILE COVER SHEET
IMPORTANT: THIS COMMUNICATION IS INTENDED SOLELY FOR THE USE OF THE PERSON NAMED
HEREIN OR OTHERS AUTHORIZED TO RECEIVE IT. THIS COMMUNICATION MAY INCLUDE
PRIVILEGED AND CONFIDENTIAL INFORMATION AND ANY USE, DISSEMINATION OR REPRODUCTION
BY UNAUTHORIZED PERSONS IS ABSOLUTELY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY.
Date: October 6, 2005
To: Carolyn Dahlgren, Esq.
From: Joslyn V. Wood
Re: Ratification of Action of Former BOCC
Total number of pages: 7 (including this cover sheet)
Documents Transmitted: Letter to Board of County Commissioners dated October 6, 2005
MESSAGE:
Carolyn,
Thanks for all your assistance!
Jam+- V• Wivi
Fax No.: 384-5005
1`0/06/2005 10:58 AM Hill, Kinney, Woods 970-963-3131 2/7
LAW OFFICES
HILL, KINNEY & WOOD, LLC
SPRUCE PROFESSIONAL BUILDING
201 MAIN STREET. SUITE 301
CARBONDALE, COLORADO 81623
TELEPHONE
THOMAS C. HILL (970) 963-3900
THOMAS E. KINNEY FACSIMILE
JOSLYN V. WOOD (970) 963.3131
October 6, 2005
Board of County Commissioners
Garfield County, Colorado
Attn: Linda Morcom
108 8th Street, Suite 213
Glenwood Springs, CO 81601
Via Facsimile 945-7785
and U.S. Mail
Re: Ratification of Subdivision Exemption Approved by BOCC July 15, 1974
Dear Commissioners:
This firm represents Barbara Krebs, the present owner of a 5.013 acre parcel of real property
commonly identified as 2073 County Road 112, Carbondale, Colorado (the "Property"). In
connection with the sale of her Property, our client discovered that the legality of the creation of the
5.013 acre parcel is not readily apparent from Garfield County records. However, our research
indicates the parcel was legally created in 1974 by subdivision exemption.
Please consider this letter a formal request on behalf of our client to ratify the action taken
by the Board of County Commissioners (the "BOCC")on July 15, 1974, approving a Petition for
Exemption from subdivision requirements submitted by the then owners of a 10.013 acre tract,
William E. Beerman and Lizabeth R. Beerman, creating the Property and a contiguous 5 acre parcel
commonly known as 2079 County Road 112, Carbondale, Colorado.
A copy of the Petition for Exemptions and an unsigned copy of a Resolution approving the
subdivision of the 10 acre tract into two 5 acre parcels, as more particularly described therein, is
attached hereto for your convenience. Please note the copy of the Resolution, found in the Garfield
County Resolution Book, is unsigned and was never recorded. As such, we confirmed the BOCC's
action on the Petition for Exemption by reviewing the minutes of the BOCC. The minutes
describing the presentation of the petition and resolution to the BOCC on July 15, 1974 and the
BOCC's unanimous approval of same can be reviewed in Minute Book "M" at Page 122 and are
attached hereto for your convenience.
We are hereby requesting the present BOCC pass and record aresolution ratifying the former
G:1Krehs, Barbara\BOCC Latter.wpd
October 6, 2005
10/06/2005 10:59 AM
October 6, 2005
Page 2 of 2
Hill, Kinney, Woods 970-963-3131 3/7
BOCC's action approving the subdivision exemption and describing the two (2) parcels legally
created thereby. Should you have any questions, or require additional information, please do not
hesitate to contact the undersigned.
Thank you for your cooperation.
jvw/j
enclosures
Copy: Barbara and Ray Krebs
Carolyn Dahlgren, Esq.
John T. Kelly, Esq.
cr\Krebs, BarbaralBOCC Lener.wpd
October 6, 2005
Very truly yours,
HILL, KINNEY & WOOD, LLC
1'0/06/20'05 10:59 AM
Hill, Kinney, Woods 970-963-3131 6/7
Proceedings of the Board of County Commissioners, Garfield County, Colo., 19
Lamont Kinkade presented a voucher to refund a 320.00 septic permit fee to Joseph L. & Rita
V. Belle of Dearborn, Michigan which was issued February 6, 1974. It was discussed by the Board j
that speculation on property did not justify a refund and that a precedence was not to be started k
at this point. Lynti Hill made a motion the refund be denied. M. L. Busby seconded the motion.
Motion passed unanimously.
The Board adjourned at 5:00 o'clock P.M.
MONDAY JULY 15, 1974
The Board met in regular session there being present Chairman Pete Mattivi and Commissioner
E. L. Buoby, Lynn [1111 being absent. County Attorney Gerald Hartert and Administrative Assistant
Pete Weaver.
Paul Lindauer presented his petition and resolution to be exempt from SB -35 and sell 17.734
acres more or less located in the NH3, Sec 13, T -7-S, R -96-W, 6th PM. Motion by Busby, seconded
by Mattivi in the absence of Hill. The motion passed unanimously. 815.00 filing fee paid.
A seperatc tract (owned by Paul Lindauer) containing 34.87 acres, more or leas, located in
Sec. 13, T -7-S, R -96-W, 6th PM which is deeded separately and separated by the Highway 6 & 24 was
directed by Mr. Hartert, County Attorney, to be exempt from SB -35. The application for ammendment
to have the property re -zoned from Resources/Lands to Residential/General/Surburban/Density was
referred to the Planning and Zoning Commission on a motion by E. L. Busby4nd seconded by Pete
Mattivi in the absence of Hill, motion passed unanimously. Application and filing fee of 5100.00
was received by Clerk.
Dwayne Van :Jhy and Jerry Bower presented their preliminary Industrial Park Complex (Colton
Area) to the Commissioners. All appeared in order and was sent to the staff and Planning and Zoning
Commission on a motion by E. L. Busby and seconded by Pete Mattivi in absence of Lynn Hill. Motion
passed unanimously.
Joy Ridge Mobile Park (Grand Valley Area Sec. 13, 7--S, 961!, 6th PM) was presented by Ms Joyce 1
Sisley. The first step of the project was referred to the staff and Planning and Zoning Commissionh
by a motion from Tin L. Busby, seconded by Pete Mattivi in the absence of Lynn Hill. Motion passed,'
unanimously.
Upon further investigation it was determined that the subject lands were improperly zoned
and warranted additional work. The motion was rescinded by Mr. Busby and seconded by Mattivi,
rescinding motion passed unanimously.
Elmer Claycomb (Frazier and Gingery) presented the Preliminary Plan on the Vallhalle
Subdivision (Chuck Becker - Cattle Creek Area) total area contain 21+8 acres more or less. Total
dwelling unit of 115 or approximate coverage of 25%, the remaining acreage remains as open space.
The presentation was accepted pending zoning compliance and was referred to Planning and Zoning
and staff on a motion by E. L. Busby and seconded by Pete Mattivi in the absence of Lynn Hill.
Motion passed unanimously.
Elmer Claycomb (Frazier and Gingery) presented Sketch Plan on the Colorado River Industrial
Park (West of Coors Warehouse)the complex to be limited Industrial and Commercial uses. Total
area 8.5 acres to be divided into nine building sites. ':dater to be supplied by Glenwood Springs,
Sewage for an interim period will be individual septic units, ending Glenwood Springs sewer plant "
to possibly be located on Chatfield property.
d
E. L. Hoops, Jr. is the owner of the property and subsequently the developer.
Motion to .refer the sketch plan to Staff and Planning and Zoning Commission was made by
T. L. Busby, seconded by Mattivi in the absence of Lynn Hill. 315.00 filing fee paid.
Bob Chancellor (Rifle land Associates, Ltd,) presented the preliminary plans on the Garfield .,
County Industrial Park Complex (South of Rifle). The operators would like to present the proposal
in stager and start with the residential and Mobile Home Park. The Commissioners approved of the
concept and directed the firm to proceed as proposed.
E. Ross Thompson and Linda L. Clark appeared before the Commissioners to apply for a 3.2 beer '
license for a store at the Ranch of Roaring Fork. Under advisement of G. Hartert all they present
ed conformed with the rules and regulations for on and off premises consumption. A motion by
E. L. Busby and seconded by Pete Mattivi in absence of Lynn Hill to approve the license as present-.'
ed. Motion passed unanimously.
William E. Beeman presented a petition and resolution for an exemption to SB -35 on a ten
acre tract located in Sec. 14, T -7-S, R -88-W, 6th P14. The two five acre tracts are described
within lots 2 and 3 of Section 14, T -7-S, R881J 6th PM and further described in the petition for
exemption. Motion to approve the petition and resolution was made by E. L. Busby and seconded by
Pete Mattivi in the absence of Lynn Hill. Motion passed unanimously. 515.00 filing fee paid.
Rnh Rirhn rA n.nn nroc=ntnA n nq+i+inn enA rvan1n41 .., 4n.. 14
10/06/20'05 10:59 AM Hill. Kinney. Woods 970-963-3131
1 vcccuu4 va Luc wain vi k,vuuLy 1. V1ll1II1JJ1V11C1J, v111ulCIU ',.UUUL)', t,UtU..........................................__.........................1h
TNI I. I. I.ItUI 1....fI.11
present owners the land they purchased and be platted to clarify descriptions for the Assessors
Office. The named person owning property are as follows:
1) George V & Verlie I Gonterman
2) Ben F & Hazel M Naylor
3) M M & Gladys ?,' Griffith
1) May Knight
Motion by E. L. Busby, seconded by Pete Mattivi in the absence of Lynn Hill to approve the
petition and resolution for exemption to SB -35. Motion passed unanimously. Due to the fact that
survey is concerned with the County Road the riling fee was waived.
Gene Allen (McDowell -Smith & Assoc) presented the sketch plan for the proposed Kimberley
Subdivision owned by Otto Zinko (New Cardiff Bridge Area). Meeting all rules and regulations on
a motion by E. L. •dusby and seconded by Pete Mattivi in the absence of Lynn Hill to refer the
data to Planning and Zoning and Staff for review. Motion passed unanimously. 315.00 filing
fee paid.
e Board adjourned at 5:00 o'clock P.M.
ark
TUESDAY JULY 16, 1974
The Board met in regular session there being present Chairman Pete Mattivi and Commissioners
E. L. Busby, Lynn Hill being absent. County Attorney Gerald Hartert and Administrative Assistant
Pete Weaver.
Motion to adopt the following Resolution by E. L. Busby and seconded by Pete Mattivi in the
absence of Lynn Hill. Motion passed unanimously.
.iHERZAS, the Garfield County Board of Commissioners has received a letter dated June 19, 1974,
from the Executive Director, Department of Local Affairs, setting forth requirements of eligibility!!
for financial assistance pursuant to H.B. 1041 (1974), and
IHEREAS, Garfield County desires to participate in the program and comply with the requirements
of H.B. 1041 to effectuate proper planning within this county.
NOW, THE11 ?OR , BE IT RESOLVED that
1. This County will make the program of identification and designation of matters of state
interest a part of this County's comprehensive planning program.
2. This County will meet standards established by the Department of Local Affairs relative
to scope, detail, accuracy and comparability.
3. This County hereby finds that the following are examples of development pressures within
the County:
a) Mineral Resource Areas
b) Natural Hazard Areas
c) Historic and Archaeological Sites
d) Wildlife Habitats
e) Airports and Airport Areas
f) Public Utilities
g) Highways and Interchanges
h) lister and Sewage Facilities
i) New Communities
j) .dater Projects
k) Nuclear Detonations
4. This County will submit a detailed wor]: plan in compliance with the requirements of said
letter indicating how financial and technical assistance will be uced for identification and
designation of matters of state interest within the territory of the County, including all
municipalities.
Dated this 16th dry of July, 1974.
ATTEST:
THE BOA'2D OF COM ISSIOrYERS OF
GARFIELD COUNTY, COLORADC
Pete J. Mattivi
E. L. B
/1:s)
Lynn
10/06/2005 10:59 AM
Hill, Kinney, Woods
970-963-3131 5/7
.7,
WHEREAS, William E. Beerman and Lizabeth R. Beerman have petitioned The
Board of County Comrnlssioners of Garfield County, Colorado, for an exemption
under C. R. S. 106-2-33(3) (d) (1963 as amended) for the division of 10 acre
tract into 2 tracts of approximately 5 acres, more or less, and more particularly
described as follows:
#1 - A tract of Land situate in portions of ',Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: Beginning at a point whence
the West 1/4 corner of said Section 14 bears S g4 06'41" W 1398.87 feet;
thence S 00°03'30" E. 312.29 feet;.'thence N. 45 29'25" W. 520.42 feet;
thence N. 00°03'30" W. 491.06 feet; thence East 70.04 feet; thence S.
.55 18'11" La 366,00 feet' then® 6,00 % '90" Es 335426 feet to the point
of beginning containing 5.013 acres .more or less.
#2 - A tract of land situate in portions of Lots 2 and 3, Section 14.
Township 7 South, Range 88 West of the 6th Principal Meridian, being
more particularly described as follows: Beginning at a point whence
the West 1/4 corneE of said Section'14 bears N. 89 44'15" W. 860.89
fect� thence N. 00 03'30" W.691.06 feet; thence East 160.00 feet; thence
S.00 03'30" E. 491.06 feet; thence S. 45°29" 25" E. 520.42 feet; thence
S.00°03'30" E. 214.67 feet; thence N. 54°27'15" W. 652.79 feet to the
point of beginning containing 5.000 acres more or less.
WHEREAS, The Petitioners have shown to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado that they desire said exemption for
the purpose of re -sale into single-family residential acreage, and
WHEREAS, Petitioner has demonstrated to the satisfaction of the Board that
there is a reasonable probability of locating domestic water on each of said
5 acre tracts, however at this time it is the theory that both 5 acre tracts
shall use the same well, that there is adequate ingress and egress to said tracts,
that the location of septic tanks will be permitted by the Colorado Department
of Health, as evidenced by the attached Letter of Feasibility for Sewage Disposal,
that the requested division is in accordance with the general purposes and intent
of the subdivision regulations of the State of Colorado and the County of Garfield
and that said division will actually restrict the density of housing within said
area and should therefore be exempted from the definition of the terms "subdivision"
and "subdivided land" as set forth in C. R..'S.106-2-33 (3) (d) (1963 as amended);
NOW, THEREFORE, upon motion of seconded by
and unanimously.carried said acre tract of
land is hereby exempted from such definition and transfer of said tract may be
Cade by division into tracts of acres, more of less,
all as is more fully described in the Petition pertaining hereto. A copy of the
instrument or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this day of , 1974.
THE BOARD OF COUNTY COMMISSIONER OF
GARFIELD COUN'!'Y,:.COLORADO
Attests
By=::
10!06/20'05 10:59 AM
Hill, Kinney, Woods 970-963-3131 4.7
.BEFORE THE BOARD OF COUNTY COMt1SSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR -EXEMPTIONS
Pursuant to C. R. S. 106-2-33 (3) (d) (1963), as amended, the undersigned,
G?illiam E. Beerman and Lizabeth R. Beerman respectfully petition the Board of
County Commissioners of Garfield County, Colorado, to exempt by resolution 2
parcel (s) of land, more fully herein described, and for the reasons set forth
herein.
1. Petitioners are the owners of a tract of land in Garfield County, Colorado,
A] A tract of land situate in portions of lots 2 and 3, Section 14,
Township 7 South Range 88 West of the 6th Principal Meridian,dbeing
more particularly described as follows: Beginnig
point whence
the West 1/4 corner of said Section 14 bears S. 84o06'41" W. 1398.87
feet; thence S.
° 0" E.312.29 feet; thence N. 45°29'25" W.520.42
OOo033
feet; thence N. 00°03'30" W. 491,06 feet; thence East 7.4feet;
thence
S. 55°18'11" E. 366,00 feet; thence S.00 03'30" E. 335.26 feet to the
point of beginning containing 5.013 acres more or less.
B) A tract of land situate in portions of Lots 2 and 3, Section 14,
Township 7 South, Range 88 West of the 6th Principal Meridian,being
more particularly described as follows: Beginnints at a point whence
the West 1/4 cornei of said Section 14 bears N. 89 44'15" W, 860.89
feet; thence N. 00 03'30" W.691.06 feet; thence Est 160.00 feet;
thence S. 00°03'30" E. 491,06 feet;. thence S. 45 29'g5"� „ 25 .42
42.79
feet; thence S 00°03'30" E. 214.67 feet; thence N.54 27'15"
feet to the point of beginning containing 5.000 acres more or less.
2. Petitioner desires to sell 5 acres of his ground to his brother to obtain
the money necessary to finance well drilling, sewer facilities and build-
ing costs for his own home on the remaining 5 acres.
Domestic water for both tracts will be ,obtained from 1 well with both
parties sharing the expense.
Each tract will have its own seperate sewer system (the type recommended
by the Environmental Health office).
Access to each is by way of deeded road easement as described on the
attached Warranty Deed from Homer E. Chapman to Petitioner.
3. A copy of the above mentioned Warrenty`.Deed conveying the property to
Petitioner is attached as is Resolution for Exemption to SB - 35.
Dated at Glenwood Springs, Colorado this day of
19