HomeMy WebLinkAbout1.0 ApplicationBEFORE 410E BOARD OF COUNTY COMMIS•NERS 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 .`-/ <I�Gveti
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of /0 acre tract of land into tracts of
respectfully petitions the Board
approximatelyacres each, 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:
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 general
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 he,'nn re uegted: a.^.d
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 with the application.
Petitioner
Mailing Adress
City
di
State
Telephone Number pe -1.
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Recorded at (?'-c?' o'clock t�..M
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Reception No t
,�CiL' Recorder.
1980
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THIS DE I),. Made this 14th day of October
1980 , between AUGUST J. GRATHWOHL
ofthe
County of Garfield
and State of
Colorado, of the first part, and STEVE L. KELLAWAY and PAULA J.
KELLAWAY as.to an undivided 1/2 interest and
GARY R. KELLAWAY as to an undivided 1/2 interest
whose is gal address is P. 0. Box 1873, Glenwood Springs
J •-•
558 p4,fl97
FILING STAMP
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sI. m id
TEN DOLARS'AND OTHER GOOD AND VALUABLE CONSIDERATIONS
lu the said party f the firstpart in hand
i?�} o, paid by the said party of the second part, the receipt whereof is hereby
confessed andI acknowledged, has granted, bargained, sold and conveyed, and by these pr esents does grant, bargain,
sell, convey• aind confirm, unto the said party of the second part, leis heirs and assigns forever, all the following
described lot or parcel of land, situate, lying and being in the I
County of Garfield and State of Colorado, to -wit:
SEE EXHIBIT A ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN.
also known as stret and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belgnging, or in anywise apper-
taining, :;nd the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right_ title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of,
in and to the above bargained premise's, with the hereditaments and appurtenances.
TO H.\\E ANDTI) 1-1011) the said premises above bargained and described, with the appurtenances, unto the.said
party of t he ,Second part. his heirs and assigns forever. And the said party of the first;part, for himself, his heirs,
executors, and administrators, does covenant, grant, bargain, and agree to and with the s}tid party of the second part,
his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, hill power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the sanie are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature soever., and except general taxes for the
year 1980, due and payable in 1981, and except easements and rights-of-way of
record or situate and in use and except an undivided one-half interest in all
oil, gas,, and other minerals reserved in document recorded April 16,1,956 in
Book 282 at page 301, and any and all assignments thereof or interest4 therein;
and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his
heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said partly of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall
include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WiTNESS WHEREOF', the said party of the first part has hereunto set his hand and seal the day and year first
above written.
STATE OF COLORADO
„;'ouuntyof Garfield
Augu J. rat
g hwohl
T,he fori,' ;c,ing,irtstrunu:nt was acknowledged before nie this fourteenth
J,h;•.y_ `
l;s '151)•:Grat hwo hl .
j coml,uission p`rire•s
:.,.f
--
No. 932X.
(SEAL)
(SEAL)
(SEAL)
dayof October
December 13, , 19 80. /Wiittness myyhand and official seal.
tary Public.
AIC ANTI DEE D.—PorPhut o4, l(llI Ftre"rd—C1978Bradford Publishing Co.,1846Stout Street,Denver. Colorado (b73-6011)_ 3-79 0
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that t his insti ument vas filed
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EXHIBIT A
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f309K 558 P4r.F198
A tract 1Of land being the SW4SW1/4NW1 of Section 12, T. 5 S., R. 12 W. of the
6th P.M.l and being more particularly described as follows:
Beginning at the W1 Corner of said Section 12, a rebar and cap marked
L.S. 11645 set for the SW Corner of the SW4NW' of said Section 12;
thence N. 00°06'40" E. and along the West line of said Section 12 a
distance of 661.79 feet;
thence N. 89°28'31" E. a distance of 653.15 feet;
thence S. 00°06'58" W. a distance of 660.89 feet to a point on the S.
line of .the SW1NW1/4 of said Section 12;
thence S. 89°23'02" W. a distance of 653.10 feet more or less to the point
of beginning.
Together with three (3) shares of Farmers Irrigation Water.
And including an easement of access being 60 feet in width, or 30 feet on either
side of,'.a center line described as follows: Beginning at a point onthe South-
westerly, right-of-way line of County Road No. 250 whence the West 1 Of Section
12, T5S, R92W of the 6th P.M. bears S. 48°10'39" W. a distance f 1604.48 feet;
thence S. 62°47'07" W. a distance of 7.75 feet; thence S. 5R°09 23" W: a
distance of 330.89 feet; thence S. 63°59'19" W. a distance of 1 4.26 feet;
thence S. 69°05'56" W. a distance of 11.03 feet; thence S. 00°06'58" W. a distance
of 129.59 feet more or less to the N.W. Corner of Tract C.
COUNTY OF GARFIELD
STATE OF COLORADO
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:ap Unit No: 108CD
SOIL CHARACTERISTICS
Depth to' bedrock
Texture'
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thag 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete
DECREE & 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
/),e3S
: More than 60 inches •
: Silty clay loam
: Silty clay loam
: Silty clay loam
: CL
: Moderately slow
0
7.8-8.4
High
Lo w
Occasional
C
High
Moderate
Severe)
S Peres slowly
M Slope
S Too clayey
0
• S Too clayey
S Shrink -swell
S Shrink -swell
S Shrink -swell, low strength •
Poor Too clayey
Poor Low strength, shrink -swell
Unsuited .
Unsuited
Poor Too clayey
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
108CD-Limon silty clay loam, 3 to 12 percent slopes. This deep,
well drained, gently to strongly sloping soil is on alluvial fans and
valley sideslopes. It formed in fine textured calcareous sediments
frim shale. Elevation ranges from 5,000 to 6,500 feet. The average
annual precipitation is about 14
inches, the average annual air tem-
perature is about i8 degrees F., and the average frost -free period is
abut 1.25 days.
Typically, the surface layer is light brownish gray silty
clay
loam about 5 inches thick. The subsurface layer is light brownish
gray heaver silty clay loam about 17 inches thick. The underlying material
is light gray silty clay loam that extends to a depth of more than 60
inches.
Included with this soil in mapping are small areas of Arvada and
Heldt soils. These soils make up 10 to 15 percent of the mapping
unit. These soils have slopes of 3 to 12 percent.
Permeability of the Limon soil is slow. Effective rooting depth
is 60 inches or more. Available water capacity is high. Surface
runoff is medium and the erosion hazard is moderate.
This soil is used mainly for livestock grazing, wildlife habitat,
and some irrigated hay and pasture.
Flooding is the usual method of irrigation. This soil takes water
sl,wly and length of run and slope should be carefully determined for
optimum irrigation. This soil is easily compacted when wet. Green
manure crops and tillage will help to maintain good tilth.
108CD-Limon silty clay loam 2
The native vegetation on this soil is mainly western wheatgrass,
muttongrass, big sagebrush, and low rabbitbrush.
When the range condition deteriorates, forbs and woody shrubs
increase. When the range is in poor condition, undesirable weeds and
annual plants are numerous. Proper grazing mann,gement maintains and
improves range condition. Reduction in brush improves deteriorated
range sites. Seeding is a good practice if the range is in poor condition.
Suitable plants for seeding are western wheatgrass, streambank wheat -
grass and crested wheatgrass. For successful seedings, a good practice
is to prepare a seedbed and drill the seed.
Wildlife using Limon soil for habitat include cottontail rabbit,
p1ieasant, and squirrel.
Potential for community development, sanitary facilities, and
use as source material is limited by the high percentage of clay,
shrink -swell, and low strength. Dwellings and roads can be designed
to minimize the effects of these features. Capability subclass Ns;
VIIs dryland.
��ty 6*.4,/75
F.
1. Letter from Mr. Hall D. Simpson (Chief Water Management Branch) to
Mr. Davis S. Farrar (Garfield County Planning Dept.) dated
June 2, 1980 giving approval to the Grathwohl Minor Subdivision
and accepting wells as a viable source of water.
2. Ownership of three shares of "Farmers Irrigation" which amounts
to 4.8 acre feet of water, with option to purchase additional
shares.
3. Use of a cistern, (which is the major source of domestic water by
all of our surrounding neighbors).
a. To be filled by "Farmers Irrigation" shares which runs from
May 1st to October 15th.
b. In late November run of water from "Farmers Irrigation Company"
called "Cistern Water" for the express use of cistern owners.
c. Collection of water by use of gutters on any structures
built. (rain and snowmelt)
4. Availability of "water for sale" 50 per 100 gallon (Rifle, Silt
and New Castle) plus opinion of Mrs. Elsa Pyles (Silt Water Conservancy
District) that water will always be for sale.
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SEPTIC SYSTEM
In ground septic similar to the one approved in the Summer of 1984 for
Gary Kellaway.
,Ic'IHARD D LAL
ClCver no'
DIVISION OF 1111;0 U RCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 60203
Administration (303) 839-3581
Ground Wit';r (303) 839-3587
Mr aviis S. Farrar
Ga -ii eld County Planning Dept.
20 4 Blake Avenue
Gl ilwood Springs, CO 81601
Dear Mr. Farrar:
mint
sup
at a
May 28, 1930
J A. DANIELON
State Engineer
k (vie,
4.40
Re: II -B Rentals Minor Subdivision,
Giomi Minor Subdivision, and
Grathwohl Minor Subdivision
We have reviewed the material submitted for the above rferen.vec"
r subdivisions. The developers propose to use wells for the water
ly which would intercept ground water tributary to the Colorado River
point where there is still water available for appropriation. This
office can issue individual domestic well permits to individual lot pur-
chasers and we recommend approval of these minor subdivisions.
Very truly yours,
1,6
Hal D. Simpson, C ie
Water Management Hr
HDS/GDV:mvf
cu':!Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Comm.
ch 11
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publie Service Company Com®
To Whom It May Concern:
Rifle CO 8±650
June 21, 1982
Gentlemen:
This letter is to substantiate the fact that the
following described projperty is within the certificated
service territory of Public Service Company of Colorado
and will be served by Public Service in accordance with the
Rules and Regulations currently and from time to time on
file with the Public Utilities Commission of Colorado:
A Tract of Land in SW4 SW4 NW4 Sect. 12 Twnship 5S
Range 92W in Garfield County Colorado
Yours truly
W. . deBeque, Con Serv. Representative
Public Service Co / of Colo.
Rifle, CO
deb/s
RE: Petition for Exemption
On September 18, 1980 we, Gary, Steven and Paula Kellaway, not being
financially able to individually invest in real estate in the Western
Slope area, jointly purchased a parcel of land approximately 10 acres.
This lot lies within the Grathwohl Minor Subdivision located 7 miles
north of Silt, Colorado off of County Road 226. We had been rentors in
the Glenwood Springs, Colorado area prior to buying this land for a
couple of years and assumed that this would be our chance to build homes
and raise our families in a rural atmosphere, which we prefer for
ourselves and our children.
When we began our attempts to build our homes, we were made aware of
the restrictions placed on real estate in this particular section of
Garfield County. First, we were told that we could not build two
family size dwellings on one ten acre parcel. Secondly, we were advised
that we would not be permitted to subdivide the parcel until we waited
the allotted five years, which has since been changed.
We immediately began looking into alternatives, the only feasible
compromise being to build a duplex which would house both families.
We pursued this idea, drew house plans and seeked to apply for a Special
Use Permit. We were requested to pay a fee of $500 and our application
for the Special Use Permit was placed before the Garfield County Planning
Commission for their decision. We had accumulated all the necessary
information and submitted it to the Planning Board. On May 11, 1983
our request was denied. The members of the planning board were sym-
pathetic to our plight and were kind enough to refund half of the
$500 fee in order that we could obtain a building permit to erect a
single family dwelling.
In the Spring and Summer of 1984 we built a house on our land for
Gary Kellaway, partial land owner and brother of Steven Kellaway.
We are now at an impass, neither my wife and I, nor my brother, Gary,
are financially able to buy out each others interest in the property.
We are applying for this petition for exemption basically in order that
my brother may refinance his home, pay my parents the money which they
have tied up in building it, and have his home put in his name. We
have spoken to all of our neighbors, both immediate and not so close,
and they have all expressed to us a welcome as neighbors and wish us
success in this venture.
The depressed economy in the New Castle/Silt/Rifle area, loss of jobs,
decrease in population and the influx of real estate being defaulted
to the banks and lending institutions has caused a great financial loss
to Garfield County and the Western Slope as a whole.
Considering these facts, we feel that by being financially self-supporting
and intensely interested in this area we are and can continue to be
contributing members to the betterment of our community, if you can find
a way to approve our request.
ieF;,.)(,ctfui1.y submitted,
and Gary Kolinway
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GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212
February 7, 1985
Gary, Steven and Paula Kellaway
P. O. Box 1873
Glenwood Springs, CO 81601
Dear Gary, Steven and Paula Kellaway:
Your application for an exemption from the definition of Subdivision for
the creation of an additional lot from the property you own within the
Grathwhol Minor Subdivision Exemption has been scheduled for a nearing
before the Board of County Commissioners and is, essentially, -complete
with the following exceptions:
1. The names and addresses of all mineral owners or lessees of
mineral owners needs to be suomitted. Tnis information should be
available through your title or title search. The deed to your
property does indicate that a 1/2 interest in mineral rights is
owned by another party.
2. Your application does address the proposed source of water. As
has been previously discussed, the Board of County Commissioners
have not looked favorably on cisterns as the only source, of
domestic water. Where the new Board of County Commissioners
stand on this issue -is, at present, unknown.
Enclosed is a copy of your required Public Notice form and Public Notice
poster. You are required to post your lot at least 15 days prior to the
hearing. In addition, you are required to notify, by certified return
receipt mail, all adjoining property owners, property owners within 200
ft., all mineral rights owners and lessees of mineral owners. Copies of
the public notice form must be mailed at least 15 days prior to the
hearing and your return receipts must be presented at the hearing as proof
of notification. Your hearing has been scneduled for March 4th, 1985 at
2:00 P.M. in the Garfield County Courthouse, Commissioners Meeting Room,
Suite 301. In order to satisfy these public notice requirements, your
mailings and posting should be completed no later than February 15th.
If you have any questions or concerns regarding your application, or the
hearing schedule and notice requirements, please contact this office.
Sincerely,
Wiiv4ri4
Glenn Hartmann
Planner
GH/emh
encl.
GARFIELD COUNTY COURTHOUSE
109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601
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NOTICE
Take Notice that Gc'rl 0�+4 PAA l h
(boos) (have) applied to the Board of County Commissioners, Garfield
County, State of Colorado, to grant an exemption in connection with the
following described property situated in the County of Garfield, State of
Colorado; to -wit: �1 ��F'r'y"p
Legal Description:, ,'" Ex1;bi1- A _
Practical Description (location with respect to highway, County roads and
residences): 1 f
A eero ct v. c-�l .�.�^a 7 w,„4, Nur( 4 Si 1
Said Exemption is to allow the Petitioner(s) to divide a /0 acre
parcel into
A-0-12 e-F'c 1
on the above described -property -
All persons affected by the proposed Exemption are invited to appear and
state tneir views, protests or objections. If you cannot appear
personally at such meeting, then you are urged to state your views by
letter, particularly if you have objections to such Exemption request, as
the Board of County Commissioners will give consideration to the comments
of surrounding property owners and others affected in deciding whether to
grant or deny the request for the Exemption. This Exemption application
may be reviewed at the office of the Planning Department located at 109
8th Street, Suite 306, Garfield County Courthouse, Glenwood Springs,
Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through
Friday.
Tnat public hearing on the application for the above Exemption has been
set for the if %k day of r?A r& , 19 Y.S , at the hour of agarittagef,,
2f0-0 ('►1, at the office of the Board of County Commissioners, Garfield
County Court House, Glenwood Springs, Colorado.
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;1 11 1 EXHIBIT A
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A tract f land being the SW1/4SW1/4NW1-4 of Section 12, T. 5 S., R. 2, WI. of the
6th P.i!!and! being more particularly described as follows: i. : ; II I 1 1
I
Beginning at:the W1/4 Corner of said Sectio ri 12, a rebar and cap 'Marke
L.S. 11645.set for the SW Corner of the SWIr.NW1,2-, of said Section 12;
thence N. 00°06'40" E. and along the West line of said Section 12 a;
distance ,z)f 661.79 feet;
thence N. 89°28'31" E. a distance of 653.15 feet;thence S. 00°06'58" W. a distance of 660.89 feet to a point on the S.
line of. Ithe SWI4NW1/4 of safdSection 12; i
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thence ----89,°23102" W. a distance of 653.10 feet more or less to theipoint
of beginning..
Together with three (3) shares of Farmers Irrigation Water.
I I !
And including an easement of access being 60 feet in width, or 30 feet on either
side of;'a center line described as follows: Beginning at a poirt onIthe South-
westerlfrii!right-of-way line of County Road No. 250 whence the WeS6: 1/4! sif Section
12, .T5S,'IR92W'o!f the 6th.P.14. bears -S. 48°10139" W. a distance of 1504.48 feet;
thence ligj, 621147'07" W. a distance of 7.75 feet; thence S. 5e09t23"; [IL a
distanc;e !of 330.89 feet; thence S. 63°59'19" W. a distance of 154.26 feet •
thence -S.:69°05'56" W. a distance of 11.03 feet; thence S. 00°,0058"W. a distance
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of 129.59 feet ,more or less to the N.W. Corner of Tract C. i • ,i
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COUNTY 'OF GARFIELD
STATE OE COLORADO 1
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Box 558 neE198
• GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212
MEMORANDUM
T10: Property Owners Adjacent to the Kellaway SB 35 Exemption Proposal
FROM: Garfield County Planning Department
RE: Further Exemptions On Lots Within Tne Grathwhol Minor Subdivision
Exemption
DATE: February 21, 1985
As indicated in Section 8.52 of the Garfield County Subdivision
Regulations, the following limitations apply to the creation of lots oy
exemption:
The Board shall not grant an exemption unless tne division proposed for
exemption nas satisfied the following criteria:
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 tne 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 oy 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 tne public rignt-ot-way or natural feature, such
parcels thereby created may, in the discretion ot the Board, not be
considered to nave been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
The Gratnwnol Minor Subdivision Exemption has been determined to fall
under these exemption regulations. As a result, one additional lot can be
created by exemption out of those lots created by the original Gratnwhol
Exemption. This would bring the total ot lots created oy exemption to the
maximum of four, and any further creation of lots would be required to go
through subdivision review.
This memo is simply to inform you as a courtesy that the proposed Kellaway
Exemption, if approved, would create tne fourtn and final lot by exemption
out of those lots created by the Grathwnol Exemption. As indicated above,
further creation of lots could be applied for but would be required to go
through subdivision review.
Please contact this office if you have any questions or concerns regarding
the Kellaway Exemption proposal or tne subdivision/exemption regulations
in general.
Sincerely,
Glenn A. Hartmann
Planner
GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601
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GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212
May 2, 1985
Gary, Steven and Paula Kellaway
P. 0. Box 1873
Glenwood Springs, CO 81602
Dear Gary, Steven and Paula:
Enclosed is a copy of the Resolution of Approval for your exemption
request to create a new lot out of your property in the Grathwhol Minor
Subdivision Exemption. Please note that the original signed copy of your
exemption plat is being held in the Clerk and Recorder's office and will
need to be recorded by you with the Clerk. This simply involves you or
your representative going to the Clerk's office in the Garfield County
Courthouse, requesting the recording of the document and payment of the
required fee. This recording should be done as soon as possible as it is
the final step in the approval process tor your exemption.
If you have any further questions regarding your exemption, please contact
this office.
Sincerely,
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Glenn A. Hartmann
Planner
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GARFIELD COUNTY COURTHOUSE
109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601