HomeMy WebLinkAbout1.0 ApplicationOF CHNlY CO:r.IISSiu;;LPS OF
GARFIELD COUNTY, COLORADO 4/1
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned
/-2/2 respectfully petitioners the
Board of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of 1..4.5.r7 acre tract of land into
approximately 12.3 is 3.5 acres each, more or less, from the difinitions of
used and defined in C.R.S.
tracts of
"subdivision" and
"subdivided
land"
as
the
terms
are
(1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
.- • ••
er
o be s
bdivided has been under the same owners
for at least five
eats and will create no more th
In support of this petition, the petitioner also submits the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Map drawn to scale showing proposed lot subdivision
and access.
Copy of deed
Vicinity map
Statement on source of domestic water
Statement on method of sewage disposal
100 year floodplain information where
live stream crosses or adjoins said tract
Evidence of the soil types
Copy of Assessor's map showing the property
Practical description of property location,_
Fee in the amount of $ 6g, s8
K. $200.00 fee for each new lot created
Submitted at Glenwood Springs, Colorado, this / ay
0
Cos
, 1962
Petitioner
/O777
Mailing Address
NAME:
EXEtMPTION
io-i2AL2-cz?-1)
PURPOSE OF EXEMPTION:
06( /c 3 X3.5
ZONING: f
QUALIFICATION FOR S.B. 35 al.02.ezQd 5'f
LOCATION OF SITE: 8 z -e.3 Q� /J( bL-j' �7L, /3
WATER: c)/1 a,2e,1 A (2. 574c.) er 13.5.5-
DIV. OF WATER RESOURCES RESPONSE: 1-)
SEWER: /;--)c..)/c
CHECK LIST:
)C FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
N MAP showing proposed lots and access
DEED
&9(=) e2C
VICINITY MAP
ha 100 yr floodplain info.
)( SOIL MAP
np"i IF community water, letter from governing body
COMMENTS:
/2/a.., 5'
.
/9-e-Qc;,- o -,
/e_cL.1 J.-1,erc)-),,5- 74D /*KM C-6-e-t--CY-e
OtWG, IP e40Ad 74J
L
Division of Highways
DOH Form 101
Rev. August, 1981
•
State •way No/MP
Local Jurisdiction
MTCE Section/Patrol
DOH Permit No
Required Permit Fee• -
STATE DEPARTMENT OF HIGHWAYS
PERMIT FOR ACCESS
The property owner, "T (herein called permittee) is granted permission
to construct an access approach on the side of State Highway ' , a distance of " "
feet from milepost also known as , for the
purpose of obtaining access to The access approach shall be constructed,
maintained and used in accordance with the State Highway Access Code, the terms and conditions of this permit, site
requirements noted below, and listed attachments. This permit may be revoked by the issuing authority if at any time the
permitted access approach and its use violate any of the terms and conditions of this permit or the State Highway Access
Code. The use of advance warning and construction signs, flashers, barricades and flagmen are required at all times
during access approach construction within State right-of-way in conformance with the MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES, Part VI. The Department of Highways and its duly appointed agents and employees shall be
held harmless against any action or damage sustained by reason of the exercise of this permit.
SITE REQUIREMENTS
:.' C:l 7er',:ed ._n E._. a _r_.tic'. t.
E :1 Ulf JC .. .':C of traffic using ti.c access ,, a- u --re 1.c=e\i:ion of
1.0 fc?. any utilities disrupted cc .="t:_ - c -tion 'f iir drivat.-ay and
_.:_-ed f:..
iii'_`-. "y ft^i_.i-_i:.S :hall .:e ._� _c` .,�.�. �.-•�"__r ci .:i:.1l:iscii o i
24
1•
.• � 'e CC'nstrUc'i.E?C� 2.f.1 feet 1. -ids
r accE .s is requiri:d Pire-2-les of cl:.£: 6 rai"-'--1.
__on of t'b-rrcd=, c..:Da.r;'-w _n'=s and Jir:c.:_ __1 __.all C' i _ '-i -tion :7'13.11 cf the
of Hic:- . _-s Ste _.C'z_rC.c,i? ons .
i ._,Il ye from i t7:is enter onto t c surface of the Highvay.
:0 feet i -'E': cn i the closest includina speed change lanes, shall.
1 :C` atce.. j _ the ;_ _c7 --.:ay at a 2 '_ado to ensure ):'roper c]raairiaae control.
_ . ; ^" Y 35 =oc.t culvert 71.7“7_11 0� r.Sed.
l
. _. .-. ,I_rl� i.__' � ___�:and all shall be off the roadway EL.�'.iL 3:30 P.n.
•
p' arty ^:.-rev to l re_vent all livestock fro7 ente'rina the
aces enter the irient•'ay richt-- -toay is the
73ET = . Ci- '?'_ F Jr)3 . TTi- TEL C0::7AClOIR.
y;1th the State IiicThwa.v .. _:-.S CC'.-., c'_]:: is -_ace` 171 •on
'._.•ittee. Changes in traffic --c1... :. , f:r;._"l;'?c,
-. _-- 'Yat- 1E1
f _ -'cts may r ::=
•
TKAI
NG PARAGRAPHS WERE SELECTED FROM THE STATE HIGHWAY ACCESS OPDE FOR YOUR INFORMATION. PLEASE
THEM.
READ THEM. THEY ARE TERMS AND CONDITIONS OF THE PERMIT. A COPY OF THE COMPLETE STATE HIGHWAY ACCESS CODE IS
AVAILABLE FOR YOUR REVIEW AT YOUR ISSUING AUTHORITY OR THE STATE DEPARTMENT OF HIGHWAYS.
1. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used.
In accepting the permit, the applicant agrees to all terms and conditions of the permit. If the applicant does not agree to all the
terms and conditions of the permit, the permit shall be deemed denied.
se to contest any of
e terms
3: rShouldoiti nsapplicant
of the (1e mit he must do so within 60ose to contest a permit pdays'on denied by the Department or (2) of receipt of notice of denial or recehiptoof the approved perhmit. The
conditions p
applicant shall make his request for the hearing in wilting and submit it to the_local engineering district office of the Department.
The requestshall
reasons lapplicant the
rusinclude
r
at
would be acceptable to him Its recommended the pursue aeqet for a variance if hehas not done so already; prior
a Highway Commission hearing.
3. The permit shall be deemed denied if the access approach is not under construction within one year of the permit issue date. A
time extension, not to exceed one year for each extension, may be requested of the issuing authority in writing by the applicant
prior to expiration of the permit. Denial of an extension may occur only when the issuing authority ascertains and documents that
unforeseen and significant changes in highway traffic operations or proposed access approach operation, have or will occur that
were not accounted for in the issuing of the permit.
4. The applicant shall notify the individual or the office specified,,pn his permit of the pending construction at least 48 hours prior to
construction in State Highway rights-of-way. The access approach shall be completed in an expeditious and safe manner and shall
be finished within 45 days from initiation of construction within the right-of-way. A construction time extension not to exceed 30
working days may be requested from the individual or office specified on the permit.
5. The construction of the access approach and its appurtenances as required by the terms and conditions of the permit shall be
completed at the expense of the applicant except as provided below.
6. It is the responsibility of the owner of the property to ensure the use of the access approach to the property is not in violation of
the code,permit terms and conditions, or the Act. The terms and conditions of the permit are binding upon all assigns, successors -
in -interests and heirs.
7. When a permitted driveway is constructed or used in violation of the code, permit terms and conditions, or theAct,Ac, ermer s tahe
issuing authority or the Department or both may obtain a court order enjoining violation of the access code, permit
d
conditions, or the Act. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its
use fail to meet the requirements of the Act, the access code, or the terms and conditions of the permit.
8. Reconstruction, relocation, or conformance with this code of any driveway, whether constructed before, on or after June 30,
1979, may be required by the Department with written concurrence of the appropriate local authority either at the property
owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property or a change in the type of
driveway operation or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or
traffic conditions. The necessity for the relocation orreconstruction shall be determined by reference to the standards set forth in
the code.
9. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access
approach with the permission of the issuing authority. The applicant shall make his request on standard permit application forms
and specify that his- request -is for improvements -per this sefisection. Denial•of-tkte-applicatitlnfor improvements, does_not
constitute revoking the existing access approach authorization.
10. A request for variance from the standards of the access code shall be submitted to the issuing authority with a permit application
and shall be considered an attachment to the permit application form. The request for the variance shall include specific and
documented reasons for the request.
11. In the consideration of the variance request, the issuing authority shall determine to the best of its ability if the following
circumstances are met: (1) there is exceptional and undue hardship on the applicant, (2) a variance would not be detrimental to
the public health, welfare and safety, and (3) a variance is reasonably necessary for the convenience and welfare of the public.
12. At any time during the review by the issuing authority of the permit application the applicant may supplement his application with
a variance request.
13. After sight distance requirements are met and an access permit issued, a sign structure or parked vehicle shall not be permitted
where it will obstruct the required sight distance.
14. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely
braced with an approved end post before the fence is cut -to prevent any slacking of the remaining fence. All posts and wire
removed shall be turned over to the engineering district representative of the Department.
15. Where necessary to remove or relocate a state highway traffic control device for the construction of a permitted access approach,
such relocation or removal shall be accomplished by the applicant at his expense and at the direction of the Department. Any
damage to the state highway beyond that which is allowed in the permit shall be repaired immediately.
16. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be
ordered by the Department field inspector to meet unanticipated site conditions. _.
17. The permit may require the contractor to notify the individual or office specified on the permit at certain phases in construction to
allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, and base course compaction.
18. The occupant and the property owner of the property serviced by the access approach shall be responsible for (1) meeting the
terms and conditions of the permit and, (2) the removal or clearance of snow or ice upon the access approach(es) even though
deposited on the access in the course of the Department highway snow removal operations. The Department shall maar'ntof a �
unincorporated areas the highway drainage system, including those culverts under the access approach which are p
system within the right-of-way. The permittee, his successors and assigns, are responsible for he maintenance of the an°iv%
approach beyond the travel and speed change lanes.
NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 as amended. I hvvay Commission.
"Code" means the State Highway Access Code, adopted on July 16, 1981 by the Colorado
"Department" means the State Department of Highways. Highway
4/1 Aug411t. 9, 1982
Board of County Commissioners
Garfield County, Colorado
Dear Members,
Attached herewith is the required information necessary to the
submittal of my sketch plan for exemption of a 17.8 acre tract
of land, creating two parcels of approximately 12.3 and 3.5
acres. As can be seen on the plan, my intent is to locate the
dividing boundary line perpendicular to Colorado State Highway
No. 13 and thru the existing power pole structure. The exact
acreages of the parcels will be determined by a field survey
upon approval of this sketch plan. Parcel "B" seems to be around
3.5 acres but the actual field survey will insure it is over
2 acres.
An existing well serves Parcel "A" and an existing spring with
collection box with proposed i inch P.V.C. transmission line
will serve Parcel"B". Sewage disposal for Parcel "B" will be
by septic system. Parcel "A" now has a house and septic system
on it.
Sincerely,
Eileen,Mer-yle Eis uirre
cc/file
4395
40'
4393
T. 4 S.
T. 5 S.
670 000
FEET
Oak
39°37'30"
107°52'30" 254 255
Mapped, edited, and published by the Geological Survey
J\y,o\5'� Control by USGS and USC&GS
Topography from aerial photographs by multiplex methods
Aerial photographs taken 1948. Field check 1952
Polyconic projection. 1927 North American datum
10,000 -foot grid based on Colorado coordinate system,
central zone
Dashed land lines indicate approximate locations
All mines are inactive unless otherwise indicated
1000 -meter Universal Transverse Mercator grid ticks,
zone 13, shown in blue
GN
1'48'
32 MILS
Ill 340 000 FEET 5 ' 1257
RIFLE (JUNC. U.S. 6 AND 24) 8 MI
GLENWOOD SPRINGS 34 MI.
15•
267 MILS
UTM GRID ANO 1952 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
7
1000 0
I i H 1-4
H r
THIS MAI
FOR SALE BY U. S. GEOLOGI
Recorded a o'clock P • M., N ove mb e
1968
Reception No. 422,3 8 ChaG • • K e [', ari Recorder.
Book 398
Page 159
CONSIDERATION LESS THAN $100.00
THIS DEED, Made this 15th day of November , 1968 ,
between
RUFO EISAGUIRRE
of the County of Garfield and state of
Colorado, of the first part, and
EILEEN MERYF.F,; EISAGUIRRE
` P3F EDCIIMEIME1 FEE
NOV 22 Vet
of the County of Gar f i e 1 d and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of theu ff
TWO AND NO/100 ($2.00) DOLLARS AND OTHER GOOD AND VALUABL
Ctgtnee s i part y0 of the first part in hand paid by the said part
y of the second part, the receipt whereof
is hereby confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do e s remise, re/lease, sell, convey and QUIT CLAIM unto the said party of the second part,
h e r heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part ba S in and to the following described lot or parcel of land situate, lying and
being in the County of Garfield and State of Colorado, to -wit:
A tract of land situate in the NEI/4SE1/4, Section 6, Tp.5 S.,
R. 93 W. of the 6th P.M., described as follows: Beginning at
a point on the Northeasterly R.O.W. line of State Highway Number
13, whence the Southeast corner of said section 6 bears S. 21°
44' E. 2,300.98 feet; thence N. 0°10' E. 502.56 feet to the North
line of said NE1/4SE1/4; thence E. 873.06 feet along North line of
said NE1/4SE1/4' thence S. 0°10' W. 1,069.55 feet to the North-
easterly R.O.W. line of State Highway No. 13; thence N. 56°57' W.
1,039.44 feet along said Highway to the point of beginning. Con-
taining 15.74 acres, more or less.
Together with all ditch and water rights in the Durand Spring and
Pipe Line. Except all easements and rights of way of a public or
private nature.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, he r heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part ha S hereunto set hi s hand
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD
1 ss.
[SEAL]
Rufo Eisagt'irre
[SEAL]
[SEAL]
[SEAL]
The foregoing instrument was acknowledged before me this
19
o,.
6$ y RUFO EISAGUIRRE
r+A 4
. ;ll . qj miaision expires / C( ,194 . Witness my hand and official seal.
15th
day of November
Notary Public.
•If by
wftnrt�nevU
poratlon t
4cknoiods(
NM. 640.
-al person or persons here insert name or names; if by person acting in representative or official capacity or as
"hen insert name of person as executor, attorney-in-fact or other capacity or description; If by officer of cor-
n utd such officer or officers, as the president or other officers of such corporation. naming it—Statutory
i1�•— Roi ' ' nn Printing Company, 1824-46 Stout Street, Denver, Colorado
Recorded at.44O o'clock .A.a.M., April ...9.7, 5 Book 365
Reception No 2293 55 Q ha S . S . Yi e e za,a, Recorder. Page 165
THIS DEED, Made this Seventh day of April
in the year of our Lord one thousand nine hundred and s i x ty - f iv e
between
N. L. PICKARD and GRACIE M. PICKARD
of the County of .Gar f ie l d
and State of Colorado, of the first part, and
RUFO EISAGUIRRE and EILEEN EISAGUIRRE
of the County of Rio Blanco
and State of Colorado, of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration
BAHMAt
to the said part i es of the first, part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledgkd, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
A tract of land situated in the NE -SES, Section 6, Tp. 5 S., R. 93 W. of the
6th Principal Meridian, described as follows:
Beginning at a point on the Northeasterly R. 0. W. line of State Highway
Number 13, whence the Southeast corner of said Section 6 bears S. 21°44'
E. 2300.98 feet; thence N. 0°10' E. 502.56 feet to the North line of said
NE --,',-SE;;; thence E. 873.06 feet along North line of said NE*SE;,; thence S.
0°10' W. 1069.55 feet to the Northeasterly R. 0. W. line of State Highway
No. 13; thence N. 56°57' W. 1039.64 feet along said Highway to the point
of beginning.
Containing 15.74 acres, more or less.
Together with an undivided fifty-five percentum of the Durand Spring and Pipe
Line, which is numbered 112 in the Decrees of the District Court of Garfield
County, Colorado, in and for Water District No. 39; and an undivided fifty-
five percentum of the water adjudicated thereto under Priority No. 181 in said
Decrees. Notwithstanding any other language contained within this instrument,
no warranty of any kind is made with reference to said Spring and Pipe Line
or to said water. The intent of this conveyance is to convey the interest
in the Spring and Pipe Line and said water which the first parties acquired
by warranty deed dated September 2, 1964, and recorded as Document No. 227190
in the office of the Clerk and Recorder of Garfield County, Colorado.
Subject to reservations contained in Warranty Deed dated the 2nd day of
September, 1964, between C. Humbert Rees (also known as Humbert Rees) and
Theo H. Rees, and first parties.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and 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 part ies of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRANTY DEED—Ta Joint Tenants.—Br
1 -Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado