HomeMy WebLinkAbout1.0 ApplicationBEFO
Pursusant. to C.R.S. (1973)
etru B.ARD oF couNry cor{MOoNERS
GARFIELD COUNTY, COLORADO
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!0ir I 2 5 1988PETITION FOR EXE MPTI ON
Secrion 3o-28-t0t u0) ,", tii',iit?UUUNTY
S
amendedr dDd the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, r9B4 section 2220.49, the undersigneJ
Leo Jammaron respectfully petitions the Board
of county Commissioners of Garfield Count2r, colorado, to exempt by
Resolution t.he division of 75! acre tract of ]and into 3 tr acts of
aPProximately5.T, 5.7 q 64+acres each, more or less, f rom the clef iniEions of
'subdivi.sion'and subdivided land'as the terms are used and <iefined in
c'R's' (1973) section 30-28-101 (10) (a) (d) and rhe Garfietd counEy
Subdivision Regulations for bhe reasons stated below:
See letter attached hereto
SUBMITTAL IREMENTSAn app cat onw ch satisfies the review criteria must be submitted wiEhall the following information.
A.
B.
D.
F
H.
I
J.
sketch map at a minimum scale of 1"=200r showing the legaldescription of Ehe property, dimension and area of al1 lots orseparate interests t.o be created, access to a publ icright-of-wayr aDd any' proposed easements for drainage,irrigation, access or utifltieslvicinity .map at a minimum scare of l.-2000, showing Ehe generaltopographic and geographic rerarion of ah; pr"iq;";'exemprion rothe surrounding area wir,hin rwo lz) nires; - i;-;;ia;-;-;;;; ;;U.S,G.S. quadrangle map may be used.coPy of the deed showing ovnership by the applicant, or a retterfrom the property owner(i) if othei Lhan trre-Lppticant; andNames and addresses of owners of record of land imneoiatelyadjoining and within 200 feet. of the proposed exemption, mineralowners and lessees of mineral owners oi record of tire property tobe exempted, and tenants of any structure proposed forconver sion; andEvidence of Ef," soir types an<l character istics of each type; andProof of legal-and adeguate source of domestic water for each lotcreated, method of sewage disposal , and I etter of approuuf - off ire pr otection plan f rom appropr iat.e f ire ai"aii"ti a,rorf connect'ion to a community br municipal water oi sewer systernis proposedr d letter froi t.he governi,g body stating a',lillingness t.o serve; and
!arrative explaining why exemption isIt sha1l be demonstrated thal the paJanuary 1, 1973 or the parcel as inot mor e t.han thr ee pa r cel s cr ea teexist,ed on January I , 197 3 .A $100.00 fee must be submibted with
being requested; andrcel existed as described ont exists presently is one ofd from 9er par cel
fr amma
At torney for Petitioner
302 Ei hth Street, Suite 310
Ma 1 I ng Adress
Glenwood s, C0 81601
c I ty
(303) 94s-2447
Pe
Telephone Number
SIate
S
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ScrrnNx, I{ERST & DnWTNTER
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 3IO, 3O2 EIGHTH STREET
(}I,ENWOOD SPRINGS, C'OLORADO A1601
1303t 945-2447
JOHN R. SCHENK
DAN KERST
WILLIAM J. DEWINTER, III
In|ii:il-:lr-?Tnf1i,r' : :i
tr, ocT zr; lsBB '|1
Grtl.f' I ii.-, r, u,-l i'rl i Y
October 25, L988
Garfield County Boardof Commissioners
109 Eighth Street, Suite 300
Glenwood Springs, CO 8l-50L
1. Leo Jammaron and
Jammaron Ranch from their father in
HAND DELIVERED
acquired the
RE: Jammaron Petition for Exemption
Dear Cornmissioners:
Leo Jamrnaron desires to create lwo parcels of 5.69acres each to provide resj-dential building sites for his sons,
Gl-en and Kenny. To aid in your consideration of this request,you should know that:
Joe Jammaron
t_958.
2. In L97B the Ranch was divided between Leo and Joe,with Leo receiving approximately 8O acres.
3. By Resolution No. 81-387 (copy attached) adoptedby the County Commissioners on December 2A, 1981-, a subdi-vision
exemption was granted to create a 5 acre parcel which was sub-sequently conveyed to orrison Distributing. The Resolutionprovides, in partrtrthat only two additional exemptions forchildren be allowed on said Tract Btt, being the Jammaron's
remaining 75 acres.
Under these circumstances and particularly in light ofthe quoted provision of Resotution No. 8L-387, I would submitthat granting of the exemption as requested is consistent withthe intent of the subdivision regulations. In support of the
exemption petition, you are also advised as follows:
1. Access to the proposed exempt parcels wiII be bygrant of easement from the access road currently serving the
Jammaron property.
2. Domestic water will be provided by the Jammarons'existing domestj-c well (permit attached) and sewaqe disposat will
be by septic tank and leach field as approved by the County.
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Garfield County Board of Comnissioners
October 24, L988
Page (2)
3. The remaining items reguired for your consider-ation of the Petition are submitted herewith.
your prompt schedul j-ng
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I would appreciatematter for hearing. Your
appreciated.
DKrZhp
Encs.
xc: Mr. and Mrs. Leo Jammaron
favorable consi tion of thiswiII be
Y truly,
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1
PROPERTY OWNERS OF OF LEO JAMMARON
AND WITHIN 2OO FEET
William E. Prehm, Edward A. Prehm & Isabelle Prehm
9]-6 Bennett Avenue
Glenwood Springs, Co 8L60L
Charles T. Jackson and Louise Van K. Jackson
Post Office Box 27
Glenwood Springs, CO AL6O2
Joe Jammaron and Geraldine Rae Jammaron
Post Office Box 1631-
Glenwood Springs, CO 8L6O2
Warehouse Investment Partnership
Post Office Box L28
Glenwood Springs, CO 8L502
Denver & Rio Grande Western Railroad
Post office Box 5482
Denver, CO 8O2L7
Department of HighwaYs
State of Colorado
Highway Office Building
4201, East Arkansas Avenue
Denver, CO 80222
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2.
4
5
6
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JOHN R. SCHENK
DAN KERST
WILLIAM J. OEWINTER, III
ScrruNx, I{ERST & DTWTNTER
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 3IO, 3O2 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO A1601
TELEPHONE: l303l I 45-244-7
TELECOPIER: l303l 945"2977
May 18, 1989
MAY 2 21989
Mr. Mark BeanDirector of Planning, Building
& Sanitation DepartmentGarfield County
L09 Eighth Street
Gl-enwood Springs, CO 8L601-
RE: JAMARRON SUBDIVISION EXEMPTION
GAHFIELD uvuttt'y
Dear Mark:
f enclose a copy of the Private Way License granted by the
Denver and Rio Grande Western Railroad Company to Glen Jammaronand Kenneth Jammaron for access to the two parcels recently
approved in connection with the Jammaron Subdivision Exemption.Let me know if you have any questj-ons in this regard.
Yours t
KERST
DK/ ))Enclosure
cc: Leo Jammaron
o ,rt 30ilsiContract
PRIVATE TAY LICBISE
THIS AGREEII{ENT, Made and entered lnto thls 6th day of Aprll, A.D. 1989, by and
between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporatton of theState of Delavare, herelnafter called the illcensorr party of the flrst part, and
GLEN JAIt{lttARON and IGNNETH JAMIT{ARON, 49L5 Hlghway 82, Glenwood Sprlngs, Colorado
81601, herelnafter carred the tllcenseer party of the second part:
WITNESSETH, That the Llcensor, for and ln consideratlon of the covenants andagreenents of the Llcensee hereln contalned and upon the terns and condltlonsherelnafter set forth, hereby llcenses and pernlts the conatructlon, malntenance anduse of the Prlvate Way or prlvate ways herelnafter descrlbed (herelnafter called
"Prlvate Way') acroaa the rlght of way and track or tracks of the Llcensor as herelnspeclfled, to wlt:
a 24 foot wlde prlvate roadway and crosslng at grade, extendlng acrossthe Llcensor's Aspen Branch naln track and rlght of way at Mlle post
365 plus 341 feet, located ln the NS,t of Sec. SE, ?. 6 S., R. g9 If., ofthe 6th P.M., near Glenwood Sprlngs, Garfleld. County, Colorado, as
shown ln yellow on the attached map, Ihrg. No. G-810.
Thls Llcense ls expressly condltloned upon the performance by the Llcensee ofall and slngular the covenants and egneements herelnafter set forth to be by saldLlcensee kept and perforned, each of sald covenants and agreements belng hereby nadea condltlon; and lt Is also hereby stlpulated that a walver by the Llcensor of anybreach of any condltlon shall ln no way lnpalr the rlght of the Llcensor to avallltserf of any subsequent breach of the Bane or any other condltlon.
Prlvate IIay as and wherever sald term ls employed hereln, sha1l mean a way fortravel for pedestrlans, vehlcles, lmplenents and llve stock. It 1s expresslystlpulated that the Prlvate l{ay ls to be a strlctly prlvate one and 1s not lntendedfor pubIlc use. Llcensee egrees sald Prtvate Way shall be used for the followlngpurpose and for no other, to-wlt:
rngress and egress to Llcensee's resldences and for no other purpose
And sald tern shalI lnclude such gradlng, approaches, planklng, dltches,dralns, tlllng, draln boxes, culverts, cattle guards, wlng fences and fencesr gateswlth proper hlnges and latches, ralslng of telegraph, telephone and slgnal wlres forproper clearance, antd such slgnals, belIs, slgn post and slgns and other safetydevlces as shall ln the partlcular lnstance be requlred by the Llcensor, or whlch naynow or hereafter be prescrlbed and requlred by any law, State or Federal, or by anyorder of any offlcer or regulatory board, State or Federal, havlng Jurlsdlctlon oversuch natters.
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The foregolng Llcense
those 1n favor of telegraph
othsrr) and thc rlght of ths
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ls eubJect to alL outstandlng superlor rlghts (lncluding
and telephone coupanles, lesseee of sal.d rlght-of-way and
Llccnror to nenew and sxtgnd the ltDor
1. If the Llcensor shall elect to construct sald Prlvate l{ay or a
portlon thereof, and shall so notlfy the Llcensee, the Llcensee agrees to Pay to the
Llcensor, ln advance, such sun of troney estlmated to be $ NONE , as shall be
necessary to construct such portlon or all of sald Prlvate l{ay, lncludlng the cost of
all necessary materlal and the transportatlon thereof and the cost of all labor and
superlntendence. If the Llcensor shall elect not to construct sald Prlvate llay, the
Llcensee ehall furnlsh naterlal for, and construct sald Prlvate lfay at the sole cost
and expense of the Llcensee, ln such sranner and accordlng to such plans as the
Llcensor may deen best for the safety and proper protectlon of the track, roadbed and
premlses of the Llcensor. If the anount to be advanced by the Llcensee as
herelnbefore provlded should be ln excess of the amount requlred, the excess shall be
returned to the Llcensee, lf such amount should not be sufflclent to cover the
expense of nork done by the Llcensor, the Llcensee shall pay such addltlonal anount
to the Llcensor on demand.
2. The Llcensee shall, at the sole cost and expense of the Llcensee,
nalntaln, repalr, and reconstruct, whenever necesaary and when requlred so to do by
the Llcensor, sald Prlvate l{ay and all lts appurtenances ln accordance wlth plans and
ln a nanner satlsfactory to the Llcensor; and at all tlnes keep sald Prlvate Way ln a
good state of repalr; the Llcensor, however, shaIl have the rlght, 1f 1t so elects,
at any tlme, though tt shall be under no obllgatlon whatever to do so, to make
necessary or proper repalrs or to reconatruct sald Prlvate Way, notwlthstandlng the
obllgatlon of the Llcensee to maintaln, repalr and reconstruct; and ln the event the
Llcensor at any tlme elects to repalr or reconstruct sald Prlvate Way, the Llcensee
shall, upon presentatlon of estlnates, advance such strm of noney as the Llcensor nay
deem necessary for such repalr or reconstructlon, or upon b111 belng rendered for
work already done, the Llcensee shall relmburse the Llcensor for the cost of such
repalr or constructlon. The optlonal rlght of the Ltcensor to make repalrs or to
reconstruct sald Prlvate lfay shall ln no tranner or degree relleve the Ltcensee fron
responslblllty to the Llcensor or to other persona or corporatlons for the fallure of
the Llcensee to properly malntaln or reconstruct sald Prlvate tfay, or any structure
whlch the Llcensss aSre€s, as aforesald to malntaln or reconstruct.
3. The Llcensee, at the Llcensee's expense, shall keep the flangeways
at sald Prlvate l{ay clean and free fron dlrt, rocks and other materlal, and shall not
foul or permlt the foullng of any track of the Llcensor, or permit any condltlon
whlch w111 lnterfere wlth the safe operatlon of loconotlves, cars or tralns over sald
Prlvate l{ay.
4. The Llcensss n8pe€ to pay to the Llcensor, 1[ advance, the sun of
$500.00, ag conslderatlon for llcense and pernlt hereln granted.
5. If at any tlme after the lnstallatlon of sald Prlvate llay, any law,
State or Federal, or any offlcer or regulatory board or conmlsslon, State or Federal,
havlng Jurlsdlctlon, shall requlre any alteratlons, changes or lmprovenents of sald
Prlvate lfay and of lts appurtenances, as hereln deflned, or any addltlonal
safeguards, protectlon, slgnals or warnlngs, the same shall be constructed,
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malntalned and operated at the sole expense of the Llcensee, as hereln provlded wlth
respect to nalntenance, repatr, recongtructlon, etc., ln paragraph 2 hereof.
6. The Llcensee shall not enter upon the premlses for the purpose of
constructlng sald Prlvate tfay nor for the purpose of repalrlng or renewlng the same,
wlthout speclal wrltten llcense or permlt flrst had and obtalned from the Llcensor,
or the Llcensor's duly authorlzed agent, except ln cases of emergency when work ls
necessary to avert loss or danage to property. A11 nork of constructlon,
malntenance, operatlon or reconstructlon shall be done by the Llcensee ln such Eanner
as to cause no lnterference wlth the constant, contlnuous and unlnterrupted use of
the tracke and property of the Llcensor as to operatlon, malntenance, renevals or
posslble new constructlon by the Llcensor.
7. Thls Llcense shall not be deemed to glve the Llcensee excluslve
possesslon of any part of the prentses descrlbed, but the Llcensor shall have
unlmpalred rlght to retaln lts track or tracks as now owned and operated at the place
of constructlon of such Prlvate Way, and nothlng shall be done or suffered to be done
by the Llcensee at any tlme that shall 1n any Eanner lnpalr the usefulness or safety
of sald track or tracks of the Llcensor or of any track or lmprovement to be
hereafter constructed. The Llcensor shall have the rlght at any and aII tlnes
hereafter to construct, malntaln and operate such addltlonal tracks, structures and
lmprovenents where sald Prlvate Way ls to be constructed and across the sane, as tt
may from tlne to tlme elect; and tn case of any change at any tlme ln thearrangenent, constructlon or plan of the Llcensor's tracks, or ln case of the
constructlon of any bulldlngs or lmprovenents by the Llcensor, sald Prlvate l{ay shall
be altered or entlrely removed by the Llcensee at the sole cost and expense of the
Llcensee' ln such manner as nay be necessary to conforn to the tracks, bulldlng or
lmprovements of the Llcensor as so changed, altered or funproved, and lf the Llcenseeshall fall to do any of the thlngs ln thls paragraph enunerated, the Llcensor nay door cause the sane to be done at the cost of the Llcensee.
a. The Llcensee assumes the entlre burden and duty of keeplng the
Sates at sald Prlvate Way locked when not ln use, and the sole duty and burden of
preventlng the use of sald Prlvate tfay by any persons, flrns or corporatlons, other
than those mentloned hereln for whose beneflt sald Prlvate l{ay ls llcensed; and
assunes all llabtIlty for danages to or destructlon of property, lnJury to or the
death of persons resultlng from the use of sald Prlvate t{ay by persons other than
those for whose beneflt sald Prlvate l{ay ls llcensed, or resultlng fron the fallure
on the part of the Llcensee to keep the gates closed and locked and the sald Prlvate
l{ay and all of lts appurtenances ln safe condltlon.
9. The Llcensee shall at all tlnes protect, lndennlfy and save
harmless the Llcensor from any and all clalms, denands, Judgments, cost, expenses,
and all danage of every klnd and nature made, rendered or tncurred by or ln behalf of
any Person or corporatlon whatsoever, ln any manner due to or arlslng out of anylnJury to or death of any person, or danage to property of any person or persons
whomsoever, lncludlng the partles hereto and thelr offlcers, famltles, servants andenployees, ln any manner arlslng from or growlng out of the constructlon,
malntenance, operatlon, repalr, extenslon, renewal, exlstence, use or renoval of saldPrlvate Way, or the fallure to properly construct, operate, rnalntaln, renew or retrovethe same, and from aII costs and expenses, lncludlng attorneys' feeg connected ln
anywlse wlth the matters and thlngs contalned ln thls Agreenent. Nelther the rlght
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o oof supervlslon by the Llcensor of the locatlon, lnetallatlon, operatlon and the
malntenance of satd Prlvate tlay, nor the exerclse or fallure to exerclse sald rlght'
nor the approval or fallure to dlcapprove, by the Llcensor of the locatlon'
installat1on, operatlon and nalntenance of sald Prtvate llay, nor the electlon of the
Llcensor to construct or reconstruct the whole or any part or to repalr sald Prlvate
W"y, shall be deened a walver of the obllgatlons of the Llcensee contalned ln thls
paragraph or a release therefron, or frou any other obllgatlon of thls egreenent
restlng upon sald Llcensee that 1s herelnbefore or herelnafter exPressed or lmplled.
10. If the Llcensee shall falI to locate, construct, oPerate, repalr,
extend, renew or remove sald Prlvate tlay ln accordance nlth the terms of thls Llcense
and to the entlre satlsfactlon of the Llcensor, or shall fall to pay to the Llcensor
any sun of noney for the constructlon, repalr, extenslon, renewal or removal of sald
Prlvate Way, or shall fall to adJust the sald Prlvate ltay to any changes Eade by the
Llcensor, or shall ln any respect fall to keep and perforn any of the condltlons,
stlpulatlons, covenants and provtslons of thls Llcense to be kept and perforned by
the sald Llcensee, thls Agreenent shall at the optlon of the Llcensor be vold and of
no effect; and thls Llcense shall cease and the Llcensor ehall have the rlght to
remove sald Prlvate Way and restore the rlght of way and prenlses of the Llcensor at
any tlme thereafter at the sole expenBe of the Llcensee. Any forfelture hereunder
may be clalmed by the Llcensor wlthout notlce to the Llcensee. Any notlce heretn
provlded for shall be sufflciently glven and dellvered lf nalled ln an envelope
properly stanped and addressed to the Llcensee at the last known post offlce address,
or lf no address Is known, at the post offlce neareat to the place where the satd
Prlvate llay ls located.
11. Non-use of such Prlvate Way for the purpose for whlch tt was
ortglnally constructed, contlnulng at any tlne for the perlod of one year, shall
constltute an abandonment of thls Llcense. Unless so abandoned or termlnated, as
herelnabove or herelnafter provlded, thls Llcense and Agreement shall remaln ln fu1l
force and effect untll ternlnated by wrltten notlce gtven by elther party to the
other party not less than slxty days ln advance of the date of such termlnatlon; but
lt ls understood that lf at any tlme the nalntenance and operatlon of sald Prlvate
Way shall be lnconslstent wlth the use by the Llcensor, of the rlght of way for
rallroad purposes, thls Llcense shall lumedlately ceaee lpso facto.
t2. Wlthln thirty days after the ternlnatlon of thls Llcense howsoever,
the Llcensee at Llcensee's sole expense, shall, lf the Llcensor so deslres the
Llcensee to do, remove the sald Prlvate l{ay (lncludlng all approaches, planklng,
gates, and all other structures constructed 1n connectlon wlth sald Prlvate Way) and
restore the prenises of the Llcensor, lncludlng all rlght-of-way fences, to a
condltlon whlch rslll be satlsfactory to the Llcensor, ard 1f the Llcensee falls so to
do, the Llcensor tray do euch work of removal and restoratlon at the expense of the
Llcensee. In the event of the rernoval of the Prlvate Way as ln thls aectlon
provlded, the Llcensor shall not be llable to the Llcensee for the danage gustalned
by Llcensee for or on account of such removal, and such removal shall not preJudlce
or lnpalr any rlght of actlon for damages or otherwlse whlch the Llcensor nay have
agalnst the Llcensee.
13. It ls understood and agreed that the covenants and agreenents of
the Llcensees hereunder shall be deemed to be the Jolnt and several covenants and
agreenents of the sald GIen Janmaron and the sald Kenneth Jenmaron.
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14. The covenant!' rtlpulatlons and condltlona of thir Agreenent ahall
extend to and be blndlng upon, the Llcensor, lts successora and asslgns, and shall
extend to and be btndlng upon the Llcensee and the heire, admlnlstrators, executors,
successors and asslgns of the Llcensee (as the context may adrnlt), and the term
"Llcensee" used hereln shall be held to lnclude such persons, copartnershlps or
corporatlons aa are nentloned hereln as of the second part. The Llcensee shall not
asslgn thls Llcenee or any lnterest thereln dlrectly or lndlrectly, nor encunber the
same wlthout the wrltten consent of the Llcensor flrst had and obtalned.
IN I{ITNESS I{HEREOF, the partles hereto have caused these presents to be
duly executed the day and year flrst herelnabove wrltten.
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
By
Engl
GLEN JA.IUMARON
-MZr*,,--
KENNETH JAII&TARoN
STATE OF COLORADO
COUNTY OF EAELE
A+u
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)ss
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The foregolng lnstrunent rras acknowledged before ne thls lXb
L , 1989, by GLEN JAIi{MARoN and IGNNETH JAtrtUlnOr.
I{ITNESS my hand and offlclal seal:
\)
Notary Publlc
7bc (tuzns La 0o 9,r=,
day of
Residence
My Comnlsslon E:<plres :1o-r5-Qr
5
416189 GFS 1
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STATE OF COLORADO
ir.
County ol Glrl'rcld
Atrr,-...........f.9,$U1af. .......meeting ot thc Board of County Commissionar for Garfield County, Coloredo'
hcld rt thc Court Hour ln Glenwood sparngs oo--.-...r...............Mond.ay. tre......2.Lgt-.-"""""'day ol
IgCgfnb.gf--......-..........--.. a D. 19.8I.....-., thctc w6G Prcrcot:
Jraf.fy....V.glasq.Uez , commlssionet chairmen
.LIa rrr:n .f f-ari qe , Commlssionct
.Euggn.e....D.r.inklro.use.........-.. , commissioner
.E.af,l...G.^....Rhgdg.S. , countv Attornev
'I*g'anng.-..C.I.gland......Dgp.uty , clerk ol thc Board
urtao t}c lollowing groccedingr, troong otherr wcrc hed rnd donc, to*lt:
RESOLUTION NO. 81-387
RESOLUIION CONCERMD IrIT}I GR.'J\ITING AN EXIUPTION FROI{ THE GARIIIELD COIINTY SIIBDIVISION
REGT]I.ATIONS FOR LEO JA}IARRdN.
IIHEREAS, Leo Jamarron has petitloned the Board of County Conmlssioners of
Garfleld County, Col-orado, for an exemption from the definition of the tenBsrrsubdivisiont' and t'subdivlded land" under C.R.S. 1973, 30-28-101 (10) (a)-(d),
as amended, and the Subdlvision Regulations of Garfield County, Colorado, adopted
January 2, L979, Sections 2.02.21 (d) and 3.02.01 for the division of a 80 acre
tract described as follows: thaE parcel of land as described in Document No.
200537 and 283668 as fil-ed in the Office of the Clerk and Recorder of Garfield
County, Colorado into 2 Eracts of approximately 5 and 75 acres each, more or less,
whlch proposeCdivided tract,s are Dore particularly described as follovs:
TRACT A: A.tract of land situate in Lots 6, 9,20, and 21, Sectlon 35, T65,
R89W. of the 6th Principal Meridian,- being more parEicularly described as follows:
Comsencing at the west quarter of said Section 35i thence N.89o54t24"E along the
east-west centerline of said Section 35, a distance of 1388.03 feet to the true
point of beginning; thence N.13"56'41"W. a distance.of 43.65 feeti thence N.04"26'44"
W. a distance of 426.60 feer; rhence N.53'58'O2"8. a discance of 64.39 feet; thence
N.16"08'59"E. a dlstance of 92.76 feeE; thence N.60"41'16"E. a dlstance of 188.40
feet to a point on the westerly right-of-way of the Denver and Rlo Grande Western
Rallroad; thencd continuing S.0I"52'26"W. along said railroad'right-of-way, a
distance of 100.68 feet; thence 409.77 feet along the arc of a non-tangent curve
to the left having a radius.of 2010.08 feet, having a central angle of 11o 40'48"
and subtending a chord bearing 5.22"22'54"E. a distance of 409.06 feet; thence
S.87oL7'L2"8. a distance of 58.56 feet; thence 242.89 feet along the arc of a
non-tangent eurve to the left having a radius of f960.08 feet, having a central
angle of 07o06r00" and subtending a chord bearing S.32"39'07"E. a distance of
242.74 feet; thetrce leaving said railroad right-of-way S.89"54'24"W. along the
east-lrest centerline of said Section 35, a distance of 540.49 feet to the true
point of beginning, containing 5.00 acres more or 1ess.
LEGAI DESCRTPTION-RATLROAD EASEMEM
A tract of land situate in Lot 9, Section 35, T65, P€9W of the 6th Principal
Ileridian, being more particularly described as follows:
Commencing at the WesE quarEer corner of said Scction 35; thence N.89"54124"E. a
disrance of 1388.03 feet; thence N.13'56'41"w. u distance of 43.65 feet; thence
N.04"2Gt 44t,W. a dl-stance of 426.6O feet; tlrencc N.53'58'Oz"E..a distance of 64.39
feet; chence N. 16"08'59"E. a distance of 91.7(, ft't'ti thencr. t-i.60"4 l'16"E. a dis-
trn." of 188.40 feet to a point on the l{est lint'r.r[ said l.rrt 9 and a point on the
West right-of-way of the Denver & Rio Grancle lirstt'rn llrilroad t.o the t.rue point
of beginning; thence N.0to52'26"8. along fltt'lit'st 1in.- oi slid Lot 9, and the
Westline of said right-of-way of Denver & Rio (.r.trrtl.'L'r'sttlrn Railroad a distance
of 46.76 feet.; thence leavlng the lrlcst 1in.- t'l ::.tid l.,rt f. itrrd said rlght-of-way
of the Denver & Rio Grande Westcrn Rlilro:rd )i.ir()''il' t()"1:. rt disrance of I08.25
feet; thence S.15"43'22"E. along East rigltr-t'[-w;rv of tlrt'l)r'nvttr.l Rio Grande
[.lestern Rallroad, a distance of 41.t5 fce'tl tlt.'tl.'.'s.6o".il'16"1.'. a distance of
lZZ.7g feet to the true polnt of beginning, coptrriirinp, 0.106 acres more or less.
o
LEGAL DESCTUPTION-ROAI) lllTSEItrNT
A tract of land sltuatc ln Lot 5, Sectlon 35, T65, R89W, of the 6th Prlnclpal
Merldlan, being more partLcularly described as follows:
commencing at Ehe west quarrer !t corner of said sectlon 35; thence N.89"54'24"8.
a dist,ance of 1388.03 feet; thence N.13"55141"[J. a dlsEance of 43.65 feec; thence
N.04"26'44"W. a dlstance of.426.60 feet; thence N.53"58'02"E. a disEance of 64'39
feet; thence N.16"08'59"E. a distance of 92.76 feet go the true Point of beglnnlng;
thence 29"18144'\1. a disEance of 40.OO feet;thence N.60'4lt16"E. a disrance of
2L2.6L feet to a point on the east llne of said Lot 6, and a point on the WesE
rlght-of-way of the Denver & Rio Grande Western Rallroad; thence S.01"52'26"W' along
the east llne of sald Lot 6, and along sald lJest rlght-of-way of the Denver & Rlo
Grande l..testern Rallroad, a dLsrarr.. oi 46.76 feet;thence leavlng the east line of
said Lot 5, and said West rlghr-of-way of the Denver & Rio Grande Western Railroad'
S.60"41t16i'W. a distance of I8B.4O feet to:he Erue point of beginning, containing
0.184 acres, more or less.
o
TRACT B: The remalnlng 75 acres.
(in the Stat,e of Colorado and Countyof Garfield): and
. WHEREAS, the Petitloner has demonstrated to the satlsfaction of the Board of
County Commissioners of Garfleld County, Colorado, t.hat the proposgd division does
not fal1 within the purposes of Part 1, Article 28, Title 30, Colorado Revised
Statutes Lg73, as amended, for the reason that the impact created does not warrant
further subdivLsion review, and
IIEEREAS, the Petitioner has deuonstrated to the satisfaction of the Board of
County Comrissioners of Garfield County, Colorado, that there is a reasonable
probatttity of locatlng domestic hrater on each of said'tracts, that there is adequate
irrgr""" and egress to said tracts, that the location of septic tanks will be permitted
by the Colorado Department of Health, that the requested division is not part of an
existing or larger development and does not fall sithin the generaL PurPoses and intent
of the subdivision regulations of the State of Colorado and the County of Garfield
and should, therefore, be exempted from the definition of the. terms "subdirrisiont' and
tfsubdivided land'r asi ser forth in C.R.S- Lg73,3O-28-f01 (10) (a)-(d), as amended;
lio'ri, TiiEREFORE, BE IT RESOLIIED ihar rhe dlvis1on of the above described tracts
ItA'r & "B'i from Lhe above descrlbed 80 acre tract is hereby exeupted from such
deflnl-tions and said tract may be divided into tracts 'rArr & t'B" all as is more fully
described above, and said divided tract uay be conveyed in the forn of such smal1er
tracts without further compliance with the aforesaid subdivision statutes and reg-
ulations; provided, however, that this exerption is granted on the condition and with
the express understanding and agreement of the Petitioner that no further exeuptions
be allowed on said Tract "A''; that only two additional exemPtions for children be
allowed on said Tract "B"; that a building pe:mit be issued for building site B(the
above menEioned 5 acre parcel) on1y, and not for the previously Proposed 5 acre parcel;
that an application be m:de for a zorre change from the Agricultural/Industrial
zone district to the Agricultural/Residential/Rural Density zone district; and further
that a copy of the instrument or instruments of conveyance when recorded shall be filed
with this Resolution.
AITEST:BOARD OF COT'NTY CO}trtrSSIONERS
GARFTELD COuNfi, CoLORADO
(tt
YOtC:
,/7..
orrtv CIe.rk'Upon Eouon f,IA Hg';g"ndcd thc foregoins Resolution war "aop,.9lBri 6ll'--
Commissioncn
::::::",:"* l-
I, .................. ,......, Counly Clerk ud cxofficio Clctk of thr Boerd of County Comrnissioncr
ir, .rrd fo, th, County and Statc eforesaid do hereby ccrtify that lhe annexed and forcaoirtg Order ir lruly copied from thc Rccrordr ot
thc hoc]Geding! of thc Boud of County Commissioncrr for rald Garfield County, now irt my of ltcc'
IN WITNESS WIIEREOF, I havc hacunto trt my hrnd and rffixed thc raal ol reld County, et Glenwood Sprlngs,
rhtr .................... dey ot ........ """ A' D' 19 """""""
County Clcrk end cxofficio Clcrk of thc lloard of County Commkslondri.
Rt'r r,;(1 rJ ;11
ll(.c( ,,t r,,rr \..
C,'lorado, ol thc frrst part. nnd
B ho!. lctrl eddrr$ ie 4 9 I 5i tL-
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Ttlls Drr:o, .\tade triir li;_h iry ,.r
1978,bet*en JOE J,'-'rWt'--RO::
o, tlp Cour;ry of Ga r f :. t-. L :r:.,1 S.tt. f
LEO .lI'Il.L/iRO:i
Highway 82, (i)c!,.i,,.,:;. S;_ri:. :s
r
I tr- I 9-88
l4r , Leo Jammar'on
4?15 Highwar 82
6lenwood Springs, Co.
Glenwood springs Rural Fire Protection District
OOSO Mel-ReY Road
Glenwood SPrings, CO 81601
Bl60l
Dear l4n . Jammanon t
This Ietter is in regards ts your'FrcFoEal to diuide your Frr'oFPrty
in onder to build a singie {amily home at r*r,ur address on Highwar 82 in
Glenr,uood Springs. This property is withrn the bourrdaries tr+ the
6lenr,{ood Springs Rural Fire Protection District and f ir'e protectton
wc,uld contirrue aE it is nor^t. Ee aduised that in arder' to ei{ectiuel;i
prouide protection, a r,traten supply shnuld be auailable. I{ a
subdiuiEion is part o{ :rc,ur over'all plan, then a water suppl:r r'{ill be
requ i Ped.
I{ you haue any questions, please {eel iree to call this o{{ire.
Sincerely
t /l
.
-,i'tc -'{ )*.
Jac k
F ire
Jones
Inspecton
a o !,Jur.506 ?;.r,1468
EXHIBIT A
AN UNDMDED ONE-HALF INTEREST rN AND TO Lots 5, 9, 19, 20,
and 21, all that part of Lot 5 easterly of the Roaring ForkRiver and all that part of Lots 18, 24 and 25 northerly andeasterly of the north-easterly right-of-way line of ColoradoState Highway No. 82, aII in Section 35, Township 6 South,
Range 89 West of the 6th P.M., EXCEPT all that part of the
above described lands within the right-of-way for said
Highway 82;
Together with all water rights used upon, or in connectionwith any of said lands above described and particularly 65shares of the capital stock of the Glenwood Irrigation
Company and the water and ditch rights evidenced thereby.Also, all right, title and interest of the grantor in theSouth Spring and surrounding land for care and developrentof said spring and the right of way for construction Lndcare of pipe from said spring to and across the Roaring ForkRiver, all as reserved in the liarranty Deed dated May 12,1952 and recorded as Docurnent lto. L79295 in Book 2G4 at page
16I :f the Garfield County records
E:KCEPTING AND RESERVING unto Grantor aIl grantor.sintereet in and to all oil, 9&s, sand, gravel ind a1l otherminerals and minerar rights on all of the above describedlands.
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oLENWOOD SPRINGS 1,2 MI
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(GLENWOOD
STATE OF COLOG
DEPARTMENT OF NATURAL RESOURCES
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JAMMARON RANCH PARCELS COVENANTS
JuIY 7? ,1989
A. Organi-zation
7
2
)
One vote Per Parcel'
Two Votes required for motion
Covenants maY be amended bY a
to carry.
two thirds vote of owners
B Sharing access ' water &fences '
]".Costsofconstructionand.maintenanceofroadwaysandSnoW
removaltobesharedjointlyandequa}Iybyusers.
2.Costsofwaterlineconstructionandmaintenanceoflines
and well to be shared equally by users '
3. Boundary fences to be built and maintained' by adjoining
ownerswithanequaldivisionofmaterialsandlabor.
Other
7. Before any parcel is sold to any outside party'
members must be given a ten day period in which
an option to buy at the established' sale price '
the other
theY have
,.-/24
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Leo Jammaron
mmar on
t4+4-/
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ScrrnNr, I{ERST & DoWTNTER
JOHN R. SCHENK
DAN KERST
WILLIAM J. DEWINTER, III
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 3'O, 3O2 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO A1601
t303t 945-2447
[$Iir:,;;.rE'iD
.1,', tlCr 1B lgBB ;, j I,L--
",U, i,-li r LLu -Lr u jrjTi*J
Mr. Mark BeanDirector of PlanningGarfield County
109 Eighth Street
Glenwood Springs, CO
October 13, l-988
8 L601
HAND DELIVERED
RE: Jammaron Subdivision Exemption
Dear Mark:
I represent Leo and Yvonne Jammaron who desire to
create 2 lots of 5.698 acres each as residential building sitesfor their sons GIen and Kenny. By way of historical background
you are advised as follows:
l-. Leo and Joe acguired the ranch from their father
in 1958.
2. In l-978 the ranch was divided between Leo and Joe,
with Leo receiving approximately 80 acres.
3. By Resolution No. 8L-387 (copy enclosed) adopted
by the County Commissioners on December 2L, 1981", a subdivision
exemption was granted to create a 5 acre parcel which was sub-
seguently conveyed to orrison Distributing.
You will note that Resolution No. 8l--387 provides, inpart, rrthat only 2 additional exemptions for children be allowedon said Tract Btt, Tract B being the Jammaron's remaining 75
acres. I plan to submit a petition to exempt the creation of the
proposed lots from subdivision reguirements. I believe it was
not the intent of the current subdivision regulations to include
the division of the Jammaron Ranch between Leo and Joe as l- of
the 4 perrnitted exempt divisions. Furthermore, f would submit
that the County is bound by the specific provision of Resolution
No. 81-387 providing for 2 additional exemptions on the Jammaron
property for their sons. r would accordingly reguest an
interpretation of the subdivision exemption regulation consistentwith the foregoing. I would like to move forward with the
o
Mr. Mark Bean
October 1-3, L988
Page (2)
exemption process as soon as
discuss this matter with the
Commissioners as appropriate.
DKlhp
Enc.
xc: Mr. and Mrs. Leo Jammaron
o
possible and wilt be haPPY to
County Attorney and the CountY
Thank you for your consideration in this regard-
Yours ruly,
oe(ironaeo
thenCfloil roilrood
W.F. DAVIES
MANAGER, LAND
(303) 595-2068
R.C. OATMAN
MANAGER, CONTRACTS
(303) sgs-2167
November 16, 1988
Flle: Zonlng
G.F. SEED
REAL ESTATE ASSISTANT
(3O3) 595-2603
U. S. CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Glenn Hartmann
Plannlng Department of Garfleld County
109 8th St., Sulte 303
Garfleld County Courthouse
Glenwood Sprlngs, CO 81601
li
I
Ni)V 2"r tsgg
Dear Mr. Hartmann:
The Rlo Grande ls ln recelpt of your notlce of a publlc neetlng to be held to
consider an appllcatlon by Leo Jammaron for an exenptlon from regulatlons on l-and
subdlvlslon allowlng the appllcant to dlvide a 75 acre parcet lnto three tracts,
5.7,5.7, and 64 acres, 1n an area located tn Garfleld County more partlcularly
descrlbed as sltuated ln Sectlon 35, T65, R89I{, lylng westerly of The Denver and
R1o Grande Western Rallroad Company rlght of way.
This partlcular subdlvlslon appllcatlon, lf approved, would be very close to our
Aspen Branch maln llne rlght of way whlch runs between Glenvood Sprlngs and Woody
Creek and ls considered operating trackage. Because we do have ral1 traffic over
this llne, our Company ls very apprehenslve and concerned at the prospect of
having thls subdlvislon close to our right of way because of the lncrease 1n auto
vehlcular trafflc 1n the lmmedlate area.
As the Commlssloners are no doubt aware, lt there are not sufflcient public
crosslngs to allow adequate access across our tracks to and from the proposed
subdlvlslon area, then we predlct that Eany who would use the subJect area woul-d
enter or depart by unauthorlzed and unsafe methods, such as using prlvate
crosslngs, whlch ls strlctly prohlblted by our Rallroad, or by enterlng or leavlng
the proposed area by crosslng our tracks where no type of crosslng at alL exlsts.
No lnformatlon has been submltted as to how dralnage w111 pass across the Rallroadrlght of \{ay. Any Utl1lty crosslngs w111 requlre permlts or llcenses from the
Rallroad and plans must be approved by the D&RGW 1n advance.
THE DENVER AND RIO GRANDE WESTERN RAILBOAD COMPANY
P.O. BOX s482 DENVER, COLORADO 80217
o o
,9,/.fu
November 16, 1988
Page Two
Mr. G1enn Hartnan
Plannlng Department of Garfleld County
109 8th St., Sulte 303
Garfleld County Courthouse
Glenwood Sprlngs, C0 81601
If the Garfleld County Commlssloners grant the requested approval of thls
exenption, we wouid Like to lns1st that, the fcll.ovlng two (2) condltlons, whlch
our Company feels should be met to preserve the publlc safety, be nade a condltlon
to the grantlng of the appllcatlon sought by the above referenced appllcant:
(1)That no vehlcles or lndlvlduals uslng the proposed developuent be
allowed to enter upon or cross our rlght of way except at
establlshed publlc crosslngs. Type of protectlon to be determlned
by the Colorado PubIlc Ut1l1tles Commlsslon.
(2) That when the referenced appllcatlon 1s heard by the Board of
County Conmlssloners of Garfleld County, that thls letter be made apart of the proceedlng.
Respectfully,
W. F. Davles, Manager Land
G. F. Seed, Real Estate Asslstant
To: Garfield County Commissioners
From: Glen Jammaron
Be: Jammaron Exelnption lot line adjustment
Dear Commissioners,
It is our intention to adjust the boundary of parcer A and parcer B of theJammaron Exemption The proposed aoiustrineni *itt .r""t" no new parcels and theexisting rots wilr remain their'approximate current size.Attached is.a plat showing the proposed lot configuration with the currentboundary designated by a green- dotted line.
Thank you for your consideration in this matter.
Sincere
Jammaron
4909 Hwy 82
Glenwood Springs
945-2925 ek-- 6ooc '/fza
a Decemberr 1988 - Page 280 o
GARFIELD COUI{TY COI.ORADOPROCEEDINGSOF THE BOARD OF COUMY COI,O4ISSIONERS
December 5, 1988
BOIiDING FOR ELESIED OFFICIALS,/BID OPENING AND AVJARD
Chuck presented the two bids for bonding of elected officials as follows:
Glenwood fnsurance Agency (Onio Casualty) $178.00 for each bond and Sam Potter
Agency (Hartford Insurance) $355.00 for each bond. After discussion,
Conrnissioner Smith made a motion that the Board award the bond contract to
Glenwood Insurance Agency for $178.00. Commissioner Schrnreser seconded the
motion; carried.
JAII4ARON SUBDIVISION EXEMPTION REQUEST LOCATED 2 MILES SOtm{ OF GLENWOOD
SPRINGS OFF STATE HIGHVJAY #82
Don DeFord discussed the public notice requirements with Dan Kerst,
Representative of Leo Janmaron, 301 Bth St., Glenwood Springs, and stated Ehey
were adeguate. The Board found the public notices adequate and admitted the
mail receipts as Exhibit "A" and the staff reporL as Exhibit rrBr'. Mr. Kerst
presented the copy of the Assessor's rnap which included all of the Jammaron
property with the location of the proposed parcels in red and the access
Itignment in blue. The map was admitted into the record as Exhibit "C'. Glenn
reviewed the staff comnents.
Don discussed the legality of whether the Board can authorize 2 lots instead of
1 which relates to what the intent of the Board was in 1981 when the first
exenption was granted. Subsequent to the 1981 resolution authorizing the
Janrnirons to be able to request more exemptions, the law limiting the splitting
of parcels to only 4 was passed and it was Don's opinion that there is no
vesled right in that authorization because of no reliance on that authorization
being shown and the change in law effects them and they should be prohibited
from acguiring more than 4 splits as it existed in 1973. Due to the language
stating that "...only 2 additional exenptions for children be allowed on bract
B...u, the Board decided that statement actually created the reliance and that
the exenrption should be allowed. Dan Kerst stated that, along with the
language in Lhe 1981 resolution, because of the Janrnaron's intent the first
division should not be counted in his opinion. He also felt there was a
Iegitimate argument of estoppel and there was a reliance on the resolution
beiause the Janrnaron's would have applied for the 2 exenptions for their sons
prior to the subdivision regulation changes going into effect if they were not
relying on the resolution for those. He also stated that since the lots were
in excess of 5 acres there i,rras no need for concern of setting a precedent.
After further discussion, and after consideration of the County Attorney's
advice that the Board cannot tegaIIy, within existing statutes, grant the
additional parcel, and being infLuenced by the Language of Resolution No.
81-387 which, in the unanimous opinion of the Board, created reliance by the
Janrnarons to the proposition that at their request they would be allowed 2
additional exemptions for chiLdren and that the doctrine of detrimental
reliance and estoppel justifies approval oE the exenption, Commissioner
Schmueser made a motion that the Board approve the exemption reguest of teo
Jammaron in accordance with Resolution No. 81-387 and the argument of estoppel
and detrimental reliance, and that two splits be allowed according to the staff
conrnents dateC December 5, 1988. Cornrnissioner Smith seconded the motion;
carried
BUDGET ADOPTION AND MILL LEVY CERTIFICATION
Conrnissioner Smith made a motion that the Chairman be authorized to sign
Resolution 88-090 sunrnarizing e><penditures and revenues for each fund, and
adopting a budget for the County of Garfield for the calendar year beginning on
the lst day oE Ja:ruary 1989 and ending on the last of December, 1989.
Conrnissioner Schmueser seconded the motioni carried.
Connnissioner Smith made a motion that the Chairman be authorizeC to sign
Resolution BB-091 appropriating sums of money to the various funds and spending
agencies in the amount and for the purposes as set forth on the attached
docurnent for the County of GarEielC for the 1989 budget year. Conrnissioner
Schmueser seconded the motion; carried.
After discussion with Assessor Ken Call regarding the mill levy and dissolution
of Rifle Vi[Iage South, Conrnissioner Smith made a motion that the Chairman be
-autho_rized to sign Resolution 88-096 concerned with the levying of property
taxeE for the year 1988, to defray costs of government for the county, various
towns, cities, school districts, and special districts within the county for
the 1989 budget year. Commissioner Schmueser seconded the rnotion; carried.
..'. ., : . ,:::,.t:-A.r.. l