HomeMy WebLinkAbout1.0 ApplicationNAME:
EXEMPTION
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PURPOSE OF EXEMPTION: ] %` �/- .�' G Asle
//9 C / 95 Y5
ZONING: / /42�(,419
QUALIFICATION FOR S.B. 35
LOCATION OF SITE: 6'9 , ) ' ` _k Q (/;_!--5 sgf
WATER: /7c9
DIV. OF WATER RESOURCES RESPONSE:
SEWER: /2a
CHECK LIST:
X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
MAP showing proposed lots and access
x DEED
X VICINITY MAP
a 100 yr floodplain info.
iX SOIL MAP
IF community water, letter of approval from governing body
Ce5
COMMENTS:
Ax
J e-czi
LOYAL E. LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
PETER A. MILWID
• •
LEAVENWORTH, PATRICK dr LOCHHEAD, P C.
ATTORNEYS AT LAW
October 26, 1982
Mr. Dennis Stranger
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENWOOD SPRINGS,COLORADO 81601
TELEPHONE: (303) 945-2261
Re: Subdivision Exemption for Canyon Creek PUD
Dear Dennis:
Enclosed herewith is a completed Subdivision Exemption
Application which we need to have approved before we can convey
the small 1.18 parcel currently in proposed Lot 44 of the Canyon
Creek PUD to the adjoining land owner. Also enclosed is a check
for $52.
I hope this application meets with your approval. Please
give me a call if you have any questions or need any further
clarification.
Very truly yours,
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
2,//
Peter A. Milwid
PAM:jas
Encs.
• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
PETITION FOR SUBDIVISION 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 Lazier/Sills Partnership, by and through its attor-
neys, Leavenworth, Patrick & Lochhead, P.C., respectfully peti-
tions the Board of County Commissioners of Garfield. County,
Colorado, to exempt by resolution the division of an approximate
1.2 -acre parcel described in Exhibit A attached hereto from the
current boundaries of the Lazier/Sills property described in
Exhibit B-1 (Exhibit B-1 is property boundary with 1.2 acre
parcel; Exhibit B-2 is property boundary without said parcel)
attached hereto for inclusion in the parcel described in
Exhibit C attached hereto, 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:
Petitioner wishes to convey the parcel described in
Exhibit A to the adjoining land owner, Jill C. Williams, for
inclusion of said parcel within the adjoining Williams pro-
perty described on Exhibit C in order to finalize the boun-
dary of the Lazier/Sills Canyon Creek Estates PUD, approval
of which is currently pending before the Board of County
Commissioners. This division will not create any new lots
but would simply change the boundaries of each parcel as
they currently exist.
In support of this Petition, the petitioner also sub-
mits the following:
A. A map drawn to scale showing proposed lot subdivision
and access (Exhibit D).
B. Copy of deeds of property to Lazier/Sills, (Exhibit E-1
and E-2); letter of permission for application from
Jill C. Williams, adjoining land owner to whom pro-
perty described in Exhibit A will be conveyed (Exhibit
E-3).
C. Vicinity map: (Exhibit D).
D. Statement on source of domestic water: this applica-
tion is for the readjustment of lot lines. No water
rights will be conveyed. There is currently no
domestic water use on the property described on
Exhibit A.
-1-
• •
E. Statement on method of sewage disposal: there is no
leachfield or other sewage disposal system currently on
the property described on Exhibit A.
F. One -hundred -year flood plan information where live
stream crosses or joins said tract (see page 3 of
Exhibit F).
G. Evidence of soil types (Exhibit G).
H. Copy of Assessor's map showing the property
(Exhibit H).
I. Practical description of property location: property
is located adjacent to Canyon Creek just east of Canyon
Creek Interchange on State Highway 6 and 24 at
Interstate Route 70.
J. Fee in the amount of $52.
K. $200 fee for each lot created: not applicable.
Submitted in Glenwood Springs, Colorado, this 27th day of
October, 1982.
PETITIONER
LAZIER/SILLS PARTNERSHIP
By
L
Peter A. Milwid
Leavenworth, Patrick & Lochhead, P.C.
ATTORNEYS FOR PETITIONER
P. O. Drawer 2030
Glenwood Springs, CO 81602
(303) 945-2261
-2-
EXHIBIT B-1
mountain ergineering 61and rurvating ca
p.o. box 14 gypsum, colorado 81637 524-9414 945-8356
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
Legal Description - Canyon Creek Subdivision
A parcel of lana located in the SE1/4SW1/4 Section 25, Township
5 South, Range 90 West of the Sixth Principal Meridian, and in the
NE1/4NW1/4 of Section 36, Township 5 South, Range 90 West of the
Sixth Principal Meridian, said parcel being more particularly
described as follows:
Beginning at the South One -Quarter corner of said Section 25,
a brass cap set in place by the Garfield County Surveyor in 1954;
thence S08°17' 28"E, 748.11 ft. to the North boundary of the
Riverview SubdilTision in Garfield County;
Thence along the boundary of said Riverview Subdivision the
following courses and distances:
N85°33' 17"W, 2.18 ft.
S82°07'03"W, 44.85 ft.;
S59°59'00"W, 73.43 ft.;
Sol°ol'00"W, 339.22 ft.;
thence, leaving said Riverview Subdivision boundary along the
South Right of Way line of the old County road as best evidenced
by a fenceline existing at the time of the survey, the followimg
courses and distances:
N64°38' 24"W,161.18 ft.;
N73°51' 31"W, 184.96 ft.;
S84°07' 34"W, 287.53 ft.;
thence leaving said South Right of Way line along an existing
fenceline S05°20'04"E, 393.98 ft. to an existing fence corner;
thence along an existing fenceline S86°59'54"W, 188.73 ft.;
thence, N04°22'02"W,111.86 ft. along a fenceline at the time
of survey;
thence, N87°52'24"W, 5.89 ft.;
thence N07°40'47"W, 220.70 ft. to the South Right of way line of
the old county road;
thence along said South Right of Way line S68°23'54"W, 78.06 ft.
to an existing fenceline; the best evidence for the location of
the old County Road South Right of Way.
s
\ mountain eritineering 61ond rurvlifing co.
p.o. box 14 gypsum, colorado 81637 524-9414 945-8358
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
thence, along said existing fenceline, S69°07'27"W,188.97 ft.;
thence,along said existing fenceline, S68°56'30"W,134.00 ft.;
thence, along the existing fenceline S63°48'56"W, 139.43 ft.;
thence. S57°47'57"W, 18.57ft. to the Northeast corner of a parcel
of land described in Book 354 Page 119 of the Garfield County
records;
thence, S57°34'00"W, 119.85 ft_ along the North boundary of
said parcel of land to the centerline of Canyon Creek;
thence, along the centerline of Canyon Creek the following courses
and distances:
N13°58'26"W,
N13°19'13"E,
N08°00'17"W,
N14°09'31"E,
N01°22'52"E,
N20°47 '54"W,
286.76 ft.;
256.93 ft.;
233.05 ft.;
279.69 ft.;
162.17 ft.;
92.26 ft.;
thence, leaving said creek centerline along the South boundary
of a parcel of land described in Book 563 Page 586 of the Garfield
County records S86°31'08"E, 230.07 ft.;
thence along the East boundary line of said parcel N00°36'16"W,
945.89 ft.;
thence leaving said parcel boundary line on a bearing of S78°
10'50" W, a distance of 68.61 ft. to the East line of the W1/2
SW1/4 of said Section 25;
thence, along said East lint: N00°25'18"E, a distance of 483.14
ft. to the Northline of said SE1/4SW1/4 Section 25;
thence, along said Norhtline N89°24'49"E a distance of 1300.32 ft.
to the North-South centerline of said Section 25;
thence S01°02125"W along said North-South centerline, 1310.33 ft.
to the South One -Quarter Corner of said section 25, and the
point of beginning.
Said parcel of land contains 76.640 Acres more or less
EXHIBIT B-2
,IF‘#\ mountain engineering & land furvellAng co.
p.o. box 14 gypsum, colorado 81637 524-9414 945-8356
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
Legal Description - Canyon Creek Subdivision
A parcel of land located in the SE1/4SW1/4 Section 25, Township
5 South, Range 90 West of the Sixth Principal Meridian, and in the
NE1/4NW1/4 of Section 36, Township 5 South, Range 90 West of the
Sixth Principal Meridian, said parcel being more particularly
described as follows:
Beginning at the South One -Quarter corner of said Section 25,
a brass cap set in place by the Garfield County Surveyor in 1954;
thence S08°17'28"E, 748.11 ft. to the North boundary of the
Riverview Subdivision in Garfield County;
Thence along the boundary of said Riverview Subdivision the
following courses and distances:
N85°33' 17"W, 2.18 ft.
S82°07'03"W, 44.85 ft.;
S59°59'00"W, 73.43 ft.;
Sol°o1'00"W, 339.22 ft.;
thence, leaving said Riverview Subdivision boundary along the
South Right of Way line of the old County road as best evidenced
by a fenceline existing at the time of the survey, the followimg
courses and distances:
N64°38' 24"W,161.18 ft.;
N73°51' 31"W, 184.96 ft.;
S84°07' 34"W, 287.53 ft.;
thence leaving said South Right of Way line along an existing
fenceline S05°20'04"E, 393.98 ft. to an existing fence corner;
thence along an existing fenceline S86°59'54"W, 188.73 ft.;
thence, N04°22'02"W,111.86 ft. along a fenceline at the time
of survey;
thence, N87°52'24"W, 5.89 ft.;
thence N07°40'47"W, 220.70 ft. to the South Right of way line of
the old county road;
thence along said South Right. of Way line S68°23'54"W, 78.06 ft.
to an existing fenceline; the best evidence for the location of
the old County Road South Right of Way.
\\
mountain enSeering 61and iurvAnq co.
p.o. box 14 gypsum, colorado 81637 524-9414 945-8356
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
thence, along said existing fenceline, S69°07'27"W,188.97 ft.;
thence,along said existing fenceline, S68°56'30"W,134.00 ft.;
thence, along the existing fenceline S63°48'56"W, 139.43 ft.;
thence, S57°47'57"W, 18.57ft. to the Northeast corner of a parcel
of land described in Book 354 Page 119 of the Garfield County
records;
thence, S.57°34'00"W, 719.85 ft- along the North boundary of
said parcel of land to the centerline of Canyon Creek;
thence, along the centerline of Canyon Creek the following courses
and distances:
N13°5F'26"W, 286.76 ft.;
N13°19'13"E, 256.93 ft.;
N08°00'1.7"W, 233.05 ft.;
N14°09'31"E, 279.69 ft.;
N01°22'52"E, 162.17 ft.;
N20°47'54"W, 92.26 ft.;
thence, leaving said creek centerline along the South boundary
of a parcel of lend described in Book 563 Page 586 of the Garfield
County records S86°31'08"E, 230.07 ft.;
thence along the East boundary line of said parcel N00°36'16"W,
945.89 ft.;
thence, leaving said parcel boundary N78°10'50"E, 49.58 ft.;
thence N01°05439"W, 460.06 ft.; to the Northline of said SE1/4
SW1/4 Section 25;
thence, along said northline N89°24'49"E, 1196.97 ft. to the
North-South centerline of Section 25;
thence S01°02'25"W along said North-South centerline, 1310.33 ft.
to the South One -Quarter Corner of said section 25, and the
point of beginning.
Said parcel of land contains 75.454 Acres more or less.
EXHIBIT C
INmountain er4ineering & land furvilting co.
p.o. box 14 gypsum, colorado 81637 524-9414 945-8356
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
LEGAL DESCRIPTION - Proposed Williams Parcel
A parcel of land located in the SW1/4 of Section 25, Township
5 South, Range 90 West of the 6th. Principal Meridian. Said
parcel of land being more particularly described as follows:
Beginning at a point in the centerline of Canyon Creek whence
the Southwest corner of said Section 25 bears South 56 degrees
10 minutes 21 seconds West, a distance of 1450.06 feet;
thence along the centerline of said Canyon Creek the following
bearings and distances;
North 09 degrees 18 minutes 05 seconds West, 180.37 feet;
North 21 degrees 41 minutes 43 seconds West, 218.73 feet;
North 03 degrees 33 minutes 39 seconds West, 161.52 feet;
North 14 degrees 17 minutes 12 seconds East, 127.03 feet;
North 24 degrees 04 minutes 47 seconds West, 405.48 feet;
North 04 degrees 59 minutes 02 seconds East, 290.88 feet;
North 22 degrees 20 minutes 20 seconds East, 176.98 feet;
North 27 degrees 18 minutes 55 seconds West, 165.76 feet;
North 16 degrees 59 minutes 39 seconds West, 168.96 feet7to the
north line of said SW1/4 Section 25;
thence, along said north line of Section 25 on a bearing of
North 89 degrees 05 minutes 54 seconds East, a distance of 387.71
feet -to the west line of the E1/2 of said SW1/4 of Section 25;
thence, leaving said north line along said west line on a
bearing of South 00 degrees 25 minutes 18 seconds West, a distance
of 1302.78 feet to the northeast corner of the SE1/4SW1/4 of said
section 25;
thence along the northline of said SE1/4SW1/4 Section 25 on a
bearing of North 89 degrees 24 minutes 49 seconds East, a distance
of 103.35 feet;
thence, leaving said north line on a bearing of South 01 degrees
05 minutes 39 seconds East, a distance of 460.06 feet;
thence, South 78 degrees 10 minutes 50 seconds West, a distance
of 207.56 feet to the point of beginning.
Said parcel of land contains 11.623 acres more or less.
7 j ) t
li• . i do t at Jl., 1?i Y `
Reception No �'Cloc 14-ed4.4_ Reco �4 602 Pr.:E940
EXHIBIT E-1,
THIS DEED, Made this day of May J981
between JIMMY SILLS, 1602 .Lincolnwood Drive,
Glenwood Springs,
of the County of Garfield and state of
Colorado, of the first part, and LAZIER—SILLS PARTNERSHIP ,
a Colorado general partnership,
whose legal address is
P.O. Box 981, Glenwood Springs,
RECORDER'S STAMP
GARFIELD
44119P2
E
of the County of Garfield and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION. MIiXIXbX
to the said part y 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 Sremised, released, sold, conveyed and QUIT CLAIMED, and by these
presents do esremise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part
ha 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:
See Exhibit A attached hereto and incorporated herein by
reference. This CORRECTION DEED is executed to correct
a mistake in the legal description in that deed recorded
at Book 587, Pages 422-423.
diI 4Xif:xtxaXXXX XX
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 party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of
the second part, its heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part ha S
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
ss.
County of Garfield
The foregoing instrument was acknowledged before me this
19 Ya-, by* Jimmy Sills.
My commission expires S2�p�-� 1
STATE OF COLORADO,
•:
Address:
eunto set hi S hand
lmmy S. [SEAL]
[SEAL]
[SEAL]
[SEAL]
97q
day of -a)L y
, 19 Z4. Witness my hand and official seal.
Notary Public.
No. 933. QUIT CLAIM DEED.—Bradford Publishing. 15165 West 44th Avenue. Golden. Colorado 80401— (3031278-0644 —8-80
EXHIBIT A
alk (;02 1-),�E9(.4_1_
An undivided one-half interest in and unto the following described real
property.
All that part: of lhcs SI•;'.;:;w'.;, Section 25 and. the N';NW4., S' -;NW',;, Section
36, Township 5 South, Range 90 West of the 6th l'. t•1. lying easterly of
''the. canter of Canon Creek and northerly of the following described
line, to -wit:
Beginning at. Lite intersection of .the easterly line of the Nt•:'.;LIW'
of :said Section 36, and the northerly line of Riverview SuUdi-
vision as amended and filed as Document No. 241679) in the Garfield.
County records; thence along the northerly and westerly line of
said Riverview Subdivision the following courses and distances;
N. 84°59' W. 8.0 feet, more or less; S. 82°31.' W. 44.90 feet; S.
59°59' W. 73.60 feet:; S. 01°01.' W. 350 feet, more or less to a
point: on the southerly right-of-way lino of 01d State •Iliyhway I'lo.
11; thence along said southerly right-of-way line the following
courses and distances; N. 67°50' W. 310 feet; S. 87°30' W. 335.4
feet to the northeasterly corner of a parcel of land described in
Document No. 288281, of the Garfield County records; thence
leaving said _southerly right-of-way line of said Old State Highway
No. 11 S. 05°14'16" E. 399.1.6 feet. Lo the county road; thence S.
87°31'00" W. 188.70 feet along said county road; thence N. 04°42'38"
W. 110.98 feel; thence N. 81°07'13" W. 5.89 feet; thence N.
07°40' 47" W. 222.18 feet to a point on the southerly right-of-way
line of said Old SLate IH.i.ghway No. 11; thence along said southerly
right-of-way line the following courses and distances; S. 68°23'54"
W. 75.88 feet.; thence S. 69°11'59" W. 189.39 feet; thence S.
68'50'1G" W. 132.74 feet; thence S. 64°50' W. 138.93 feet; thence
S. 57°34' W. 138.40 feet to the centerline of Canon Creek.
Excepting therefrom parcels conveyed by the following documents:
31377, 39038, 66755, 106454, 113661, 123615, 133749, 277835, 152775,
287390, 287486, 293506, 309137, 309284, 311109, and 311632.
Excepting U.S. Patent reservations and exceptions, prior mineral •
reservations.;, if any, easements and rights of way including ditch
easements and the casement. for Old State Highway No. 11 and any right
adjoining property owners may have acquired in such Olcl State Ilighway
No . 11 by reason of continuing use thereof aid easements connected
with the Eric C. Williams and Jill Williams tracts alony Canon Creek
and easements for purposes of access to the head ckate of the Wolverton
and Johnson Ditches and any and all easements ands rights of way of a
public or private nature including, but not exclusively, those for
roads, power, telephone and electric lines, and ditches and pipelines.
Subject to the terms, conditions and effect. of AgreemenL pertaining to
water wells between Robert S. Ziilmei-Inait and The Colorado National Bank
of Denver, a national banking association organized and doing business
under the laws of the United States, as trustees under the Will of
Henry P. Williams, Jr. and Cedar Hills, Inc. , a 'Colorado corporation,
dated July 28, 1978, recorded August 1, 1978 in Book 513 at Page, 615
as Reception No. 287389. And any and all governmental regulations, if
any.
Also subject: to the right to construct, maintain and use a cistern and
pipeline and USC an access easement. as reserved in 1)ocu::ient No. 209087
and as referenced in Warranty i)ecd recorded August 15, 1967, in Book
387 at Page 51 as Reception No. 238681.
.Together with any and all structure and water rights appurtenant Lo or
used upon or in connection with said property including, but not by
way of limitation the following specifically described structure and
water rights:
A. The Wolverton Mesa Ditch Priority No. 169 waiter right decreed Cor 1 .4
c.f.s. in Civil Action No 1159, Garfield County 1)istrict Court, on
November 15, 1005, with an appropriation elate of I)ecei;iber 1, 1903; aitl
R. 0.75 c.f.s. of the Johnson Ditch Priority No. 1431) water right
originally decreed for a total of. 1.06 in Civil Action Nos. 11.59
and 1169, Garfield County District Court, on november 15, 1905
and March 6, 1906, respectively, with appropriation dates of May 21,
188c); and
A-1
• •
iit)Ol( 602 F!GE942
C. 0.39 c. f•. s. of the Johnson I)i t ch First. Enlargement Priority N. 260
tater right urWnalJv decreed for 0.5 c.f.s. in Civil Action Nu.
4004, Garfield (:c)unly District Court, on Sc:jiiemher 5. 1952, with an
appropriation dole of May 10, 1950.
D. The Wolverton Mesa First Enlargement Priority No. 254 water right decreed for 1.0
c.f.s. in Civil Action No. 4004, Garfield County District Court, on September 5,
1952, with an appropriation elate of April 10, 1947.
Subject to Martial releases in accordance with contract between the
parties dated February 5, 1981.
Grantors reserve an easement. and established right- of way over and
across the real property described herein for access; and utility
purposes to be us;cd in connection with the Eric C. Williams tract and
the Jill C. Williams tract. as described in deeds recorded as Document
No. 311109 in Book 563 at Paye 586 and Document No. 293508 in Book .527
at Page 76 of the Garfield County record:.;,' Lt;e location and. alignment
of which may be changed or re-cs;Lablisl►;..d by grantee so long as such
alignment provides reasonably adequate and suitable access to such
tracts.
t
A-2
e
Recorded at
Reception No
M.,
THIS DEED, Made this
EXHIBIT E-2
day of May
between ROBERT T. LAZIER
JUL i 4 e,04 b ;'')K 60,2 t G€93
�-
_ corder.
,1982,
of the County of Eagle and state of
Colorado, of the first part, and LAZIER -SILLS PARTNERSHIP,
a Colorado general partnership,
whose legal address is P.O. Box 981, Glenwood Springs,
RECORDER'S STAMP
JULA Zi t
State Doc. Fee
of the County of Garfield and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION XIXXXXXX
to the said party 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 es remise, release, sell, convey and QUIT CLAiM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part yof the first part
ha S in and to the following described lot or parcel of land situate, lying and being in the
of Garfield and State of Colorado, to wit:
See Exhibit A attached hereto and incorporated herein by
reference. This CORRECTION DEED is executed to correct a
mistake in the legal description in that deed recorded at
Book 587, -Pages 420-421.
inummaxxxxxaxxxxx
County
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 party of
the second part, itSheirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part h t '-and
and seal the day and year first above written. i
[SEAL]
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of
OB 'T T'
[SEAL]
[SEAL]
[SEAL]
The foregoing instrument was acknowledged before me this day of
Robert T. Lazier.
0.11A ,c f : ••....
My commission expires
•' o
T f
'''err,/ �E I Ajo,.:..�;,
�,. -
, 19 / . Witness my hand and official seal.
.SO N FRfr i m L RdLJ cd.
Address:
No. 933. QUIT CLAIM DEED.— Bradford Publishing. 15165 West 44th Avenue, Golden. Colorado 80401—.003) 278.0644 —8-80
Notary Public.
4
•
EXHIBIT A •UOOX 602 F"GE93S
An undivided one-half interest in and unto the following described real
property.
Al 1. that part of t he :;1•:'.;;;t•P.;, Scec:1. i on 25 rind. the N';NW'.;, S';NL1':,, Section
36, Township 5 ;ou l h , knnejc 90 '/‘!:;t. of the. 6th P. f.1. lying eras ter.ly of
t ho• center of Canon Creek and northerly of the following duscriLecl
line, t.o-wit: :
I1cd.i.Iling at the intersection of Lhe easterly line of the NE'.;NW'
of said Section 36, and the nc>l:Lher•I.y liner of Riverview Subdi-
vision as amended and filed as Document No. 241679 in the Garfield
County records;; thence along Lhc northerly and westerly lisle of
said Riverview Subdivision the following course:; and distances;
N. 84°59' W. 8.0 feet, more or less; S. 02°3J' W. 44.90 feet; S.
59°59' W. 73.60 feet; S. 01001.' W. 350 feet, more or less Lo a
point: on the southerly right-of-way line of Old :;talc •Ili.yllway No.
1.1; thence a.loircl ;aid :southerly right-of-way line the fo1.lo•.si..i .
courses and d.l.:.;t.ance'.:i; N. 67'50' W. 31() feel; S. 81°30' W. 335.4
feet to the northeasterly cordes: of a parcel of land described in
Document No. 288281, of the Garfield County records; thence
leaving said .southerly right-of-way line of said Old Slate Highway
No. 11 S. 05°14'1G" E. 399.16 feet-. Lo Lhe county road; thence S.
87°31'00" 11. 188.70 feet alone) said county road; thence N. 04042'3'8"
W. 110.98 feet; thence N. 81°07'13" W. 5.89 feet; thence N.
07°40'17" W. 22.2.18 feel to rl point on the southerly right-of-way
line of said Old State 13igllway No. 11; thence along said southerly
right-of-way line the following courses and distances; S. G8023.54"
W. 75.811 feet.; thence: S. 69°11'59" W. 189.39 feet; thence S.
68°50'16" U. 132.74 feet; thence S. 64'50' W. 138.93 feeL; thence
S. 57°34' W. 138.40 feet to Lhc centerline of Canon Creek.
Excepting therefrom parcels conveyed by the following documents:
31377, 39038, 66755, 106454, 113661, 123615, 1.33719, 277835, 152775,
287390, 287.486,-293506, 309137, •309284, 3111.09, and 311632.
Excepting U.S. PaterL- reservations and exceptions, prior mineral
reservations, if any, easements and rights of way including ditch
easements and t:hc crlsem nt. for Old State Highway No. 11 and any right
adjoining property owner; may have acquired in :such Old State highway
No. 11 by reason of continuing ur.e thereof and easements connected
with the Eric C. Williams and J:i1.1 Wi.1.1.i.anu:. tracts along Canon Cl eek
and easements for purposes of access to the head )ate of the Wolverton
and Johnson Ditches and any and all easements andi >_ is;h Ls of way of a
public or private nature i 11cludi 11(1, but not exclusively, those for
roads, power, telephone and electric lines, and ditches and pi.pulines.
Subject to the terms, conditions and effect of Agreement pertaining 'to
water wells between Robert S. Zillullcrlll;elt and The Colorado National Bank
of Denver, a national ban}: i.ng association organized and doing business
under the laws of the United States, as trustees udder the Will of
llenry P. Williams, Jr. and Cedar Hills, Inc. , a 'Colorado corporation,
dated July 28, 1978, recorded August 1, 1978 .in Book 513 at Page G15
as Reception No. 287389. And any and all governmental regulations,, if
any.
Also -subject to the right to construct, maintain and use a cistern and
pipeline and Use• an access easement as; reserved ..n Uocu::;r2nt Ho. 209087
and as referenced in Warranty Deed recorded August 15, 1967, in Boo};
.387 at Paye fel as Reception No. 23868.L.
Together wi lh any and ail structure and water rights al)purtell:lnt to or
used upon or 11) connection with said properly including, hut_ not by
way of limitation the following specifically described structure and
water rights
A. The Wolverton Mesa Ditch Priority No. 16e) water right decried for 1 .4
c.f.s. in Civil Action No. 1159, Garfield County District Court, on
November 15, 1.905, with an appropriation date of December 1, 1903; arts
B. 0.75 c.f.s. of the Johnson Ditch Priority No. 143D water right
originally decreed for a total of 1 .06 in Civi ; A.•Cion Nos. 1159
and 1169, Garfield County District Court, on Novembi.?r 15, 1903
and March 6, 1906, respectively, with appropriation ion date'; os. May 21,
1889; and
A-1
•
bonx 602 p.rF 339
C. 0.39 c..f .s. of the Johnson Ditch first N.nlrtr, ement I'ricori t y No. 2(0
water rii;ht'ut.il,in;tlly rlec,reed for 0.5 c.f.s. itt Civil At; ;uo Nu.
4004, Garfield (:c>unly District Court., on :>epit.mh..'r 5. 1c/>.. c-.itlt an
al)laroprial ion dale of Nay 10, 19;(l.
D. The Wolverton Mesa First Enlargement Priority No. 254 water right decreed for 1.0
c.f.s. in Civil Action No. 4004, Car(ipld County District Court, on September 5,
1952, with an appropriation date of April 10, 1947.
Subject to partial releases in accordance with coitt rrrct between the
parties elated February 5, 1981.
-Grantors reserve an easement and established night oC way over and
across the roll property described herein for access; and ut i l.i ty
purposes to be used .in connection w.i.Llt the Eric: C. Williams tract: and
t he Jill C. Williams tract. as cic'sc:r i hC!d in duels recorded as Document
No. 311109 in Book 563 at Page 586 and Document No. 293508 in Book 527
at Page 76 of the Garfield County record:;,' Lhc location and.alignment
of which may be changed or re-es;Labii:;1 . d by grantee so Loral as such
alignment provides reasonably adequate and :suitable access Lo such
tracts.
A-2
•
EXHIBIT E-3
October 20, 1982
Board of County Commissioners
Garfield County
P. 0. Box 640
Glenwood Springs, CO 81602
Gentlemen:
The purpose of this letter is to authorize the Lazier -Sills
partnership to proceed with a subdivision exemption application
to adjust the common property line between my property and the
Lazier/Sills property in the Canyon Creek area. Specifically,
this adjustment will result in the transference of the property
described on ExhibitA from the Lazier -Sills property for inclu-
sion within my adjacent property. This property will be trans-
ferred upon approval by Garfield County of the subdivision
exemptions. No new lots will be created.
Sincerely,
C:
Jill C. Williams
ljd
EXJiIBIT
mountain , gineering &F land fufweying co.
p.o. box 14 gypsum, colorado 81637 524-9414 945-8356
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
ENGINEERING REPORT
FOR THE
PRELIMINARY PLAN APPLICATION
TO THE
CANYON CREEK ESTATES PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY, COLORADO
PREPARED FOR
THE LAZIER - SILLS PARTNERSHIP
PREPARED BY
MOUNTAIN ENGINEERING & LAND SURVEYING CO.
406 S. Hyland Sq., Suite A-1
Glenwood Springs, CO 81601
(303) 945-2045
By:
0.,g4_4„..111(1
David W. Grounds
P.E. #11260
Date: July 26, 1982
Pressure varies Im 20 to 100 pounds per scare inch. As noted
on the plans, single-family Lots 43, 44 and 45 will require pressure -
reducing valves.
The 50,000 gallon water storage capacity allows for 30,000 gallons
to meet fire demand requirements and 20,000 gallons for daily domestic
use.
It is anticipated the only treatment that the water will require
is chlorination. This will be accomplished by a liquid chlorinator.
Fire hydrant spacing is according to County standards and as
approved by the Glenwood Springs Rural Fire District.
Wastewater Treatment and Collection
Sanitation facilities will be provided for the large majority of
the development by a package treatment plant. A meeting has been con-
ducted with the State Health Department District Engineer, John Blair,
and there are several treatment plan options available. Although the
selection of the specific plan has not been made yet, a Bio -Disk plant
appears to be the most probable choice. No polishing or evaporation
pond will be required. Discharge will be into Canyon Creek.
The plant site has been selected to be near Lot 1 and essentially
out of sight of both area and project residents. (See Sewage Disposal
Plan.) The plant will be located outside the 100 -year flood plain and
be landscape screened from view by passersby.
Six lots will require individual septic systems. (Lots 14, 21, 22,
43, 44 and 45.) Leachfields will probably be satisfactory for these
lots, however, and engineer -designed system will be required at the
time of construction.
- 2
1
• •
Site Drainage
Runoff within the development is very minimal as all drainage areas
are small. Culverts are designed for all natural drainages and low points
in roadway grades. All culverts profide the needed capacity for 100 -
year rainfall. (See Drainage Plan.) The 100 -year discharge is indicated
at each culvert location.
Drainage calculations are based on the Soil Conservation Service
Manual, "Procedures for Determining Peak Flows in Colorado," March, 1977.
Canyon Creek is the only active drainage within the development
and poses no limitation on building location. The 100 -year flow for
Canyon Creek is approximately 3200 cubic feet per second.
Because of the natural vegetation and distance of the major portion
of the development from Canyon Creek, settling basins are generally not
required. However, if they are needed on a site-specific basis, they
will be designed and constructed as required.
- 3
r'-
4;
Ai
X55D-Chilton channery loam, 6 to 12 percent slopes. This deep,
well drained, rolling soil is on alluvial fans and valley sideslopes.
It formed in alluvium from redbed shale and sandstone. Elevation
ranges from 5,000 to 6,500 feet. The average annual precipitation
is about 1L inches, the averse annual air temperature is about 46
degrees F., and the average frost -free period is about 120 days.
Typically, the surface layer is reddish brown channery loam about
13 inches thick. The subsurface layer is reddish brown channery sandy
loam about 10 inches thick. The underlying layer is pinkish very cobbly
sandy loam or loamy sand that extends to a depth of more than 60 inches.
Included with this soil in mapping and making up 10 to 15 percent
of the unit are small areas of Begay and Morval soils. The Begay soil
is on 6 to 12 percent slopes. The Morval soil occupies the higher lying
areas of the unit on 3 to 12 percent slopes.
Permeability of the Chilton soil is moderately rapid. Effective
rooting depth is 30 to 40 inches. Available water capacity is low.
Surface runoff is slow and the erosion hazard is moderate.
This soil is used mainly for wildlife habitat and livestock grazing.
The native vegetation on this soil is mainly bluebunch wheatgrass,
western wheatgrass, needleandthread, and big sagebrush.
When the range condition deteriorates, forbs and woody shrubs
increase. When the range is in poor condition, undesirable weeds and
annual plants are nwnerouo, Proper gra?.ing in;u1i inent in;tintains and
r
•
•; 4�
( Appendix 1
i -
X55D-Chilton charuiery loam 2
improves range condition. A reduction in brush improves deteriorated
range sites. Seeding is a good practice if the range is in poor condition.
Suitable plants for seeding are crested wheatgrass, western wheatgrass,
and Russian wildrye. For successful seedings, a good practice is to
prepare a seedbed and drill the seed.
Wildlife using this soil for habitat include mule deer, cotton-
tail rabbit, squirrel, and wild turkey.
This soil is subject to occasional flooding during heavy rainfall
or snow melt runoff. It is easily eroded. The main factors limiting
community development are cutbanks caving, susceptibility to piping,
and stoniness. Capability subclass VIe.
T
Appendix 1
Map Unit No. XSjU
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thap 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Croup
Corrosivity Steel (uncoated)
Concrete
More thab 60 inches
Channery loam
Gravelly loam, very gravelly loam
SM, GM—GC, GC
Moderately rapid
. 5-10
r
7,9-8.L
Low
Low
None
B
Moderate
Low
DEGREE & KIND OF LIMITATIONS
. (0 is Slight, M is Moderate, S is Severe)
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
H
K= .�L6
M Slope
S Slope, seepage, small stones
: S Seepage, small stones
S Seepage
: S Cutbanks cave, small stones
: M Slope
M Slope
: M Slope, low strength
Poor Small stones, seepage
. Fair Low strength
. Unsuited
. tjnnui ted
Poor Small nto_neu, nlopc, arca reclaim
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
3pendix 1
• •
X29EF-A .1.7= afi-Rock outcrop complex, 12 to 65 percent slopes.
These strongly sloping to steep soils are ori mountainsides and
sloping alluvial fans. They formed in redbed shales and sandstone alluvium.
Elevation ranges from 5,500 to 7,500 feet. The avcr•ac:e annual precip-
itation is about 1(, inches, the avernce r 1...;;I"•r.tture i:• :,Lout
L2 degrees F., and the average frost -free period is about 100 days.
The Arle soil makes up about 45 percent of.the mal 1' i n�; unit, A,;:cari about
35 percent, and Rock outcrop about 20 percent.
The Arle soil is moderately deep and well drained. Typically, the
surface layer of the Arle soil is reddish brown very stony loam about
10 inches thick. The underlying layers consist of reddish brown very
stony loam about 22 inches thick. Soft reddish brown sandstone and
shale are found at about 32 inches.
Permeability of the Arle soil is moderate. Effective rooting dopLh
is about 30 inches. Available water capacity is low. Surface runoff
is medium and the erosion hazard is high.
The Arrsari soil is shallow and well drained. Typically, the surface
layer of the AnsaLi soil is reddish brown loam about 10 inches thick.
The subs tratwn is reddish brown stony loam that rests on hard reddish
brown sandstone.
Permeability of the Ansari soil .is moderate. Effective rooti tri;
depth is about 18 inches. Available water capacity is low. Surface
runoff is rapid and the erosion hazard is high.
•
.7711,411.4
Appendix 1
!W
nu Lr, rear
This complex i;: used mainly fur I i vr::: L ieF: t•,rcl:. i lig and w i Id 1 i fn
habi't.aL.
The native vegetation on the: Arle soil - in ui;ii rely wen tern whoa L6Tans,
Indian ricegrasc, mounta_irunalrogarry and scattered Gambol oak, ULrJ.Ih juniper,
and pinyon pine.
The native vegetation on the A sari soil is mainly Indian ricet;rass,
western wheatgrass, big sagebrush, and scattered pinyon trine and Utah
juniper.
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 management maintains and improves range
condition. Seeding and brush removal are not a good practice because
of steep s.I opt!s, hock ou Lerup, and dep Lh to bedrock.
Wildlife using these sorts for habiLat include mule deer, rabbit,
and grouse.
Potential for community development or for use as source material
is limited mainly by depth to rock, steep slopes, thin layers of borrow
material, and low strength.
Special design can overcome these limitations.
Drainage and snow melt runoff control structures will control erosion
around construction sites and roads. Capability subclass VIIe.
- f�' ,;r.'11
T
Appendix 1
ap Unit No. X2911 Part B
SOIL CHAD{ACTEJtI:;TICS
• •
Depth to bedrock : 10-20 inches
Texture
Surface : Loam
Subsoil : Loam, stony loam
Substratum : Bedrock
Unified Classification : CL -ML, SM -SC
Permeability : Moderate
Percent coarse fragments : 5-45
(greater thap 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface) : 7.9-8.4
Shrink -swell Potential : Low
Potential frost -action (surface) : Low
Flood Hazard : None
Hydrologic Group D
Corrosivity Steel (uncoated) : High
Concrete : Low
.DEGREE & KIND OF LIMITATIONS
=(0 is Slight, M is Moderate, S is Severe)
Septic Tank Absorption Fields : S Slope, depth to rock
Sewage Lagoons : S Slope, depth to rock
Sanitary Landfill Trench : S Slope, depth to rock
Area : S Slope
A
Shallow Excavations S Slope, depth to rock
Dwellings w/basements S Slope, depth to rock
w/O basements : S Slope, depth to rock
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
--.. Gravel
• topsoil
S Slope, depth to rock
Poor Slope, thin layer
• Poor Slope, thin layer, stones
. Unsuited
Unsuited
Poor Slope, thin layer, stones
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
r
'Appendix 1
70?J-Yale silt to; -un, 6 Lo)lz.. percont slopes. This deep, well
drained gently sloping soil is on mesas, torr nces, and alluvial fans.
It formed in calcareous eolian material. Elevation ran;:t:s from
5,000 to 7,200 feet. The average annual precipitation is about
1L inches, the average annuai air temperature is about lib degrees F.,
and the average frost -free period is about 120 days.
Typically, the surface layer is brown silt lo;urn about 7 inches
thick. The subsoil is brown silty clay loam about 19 incases thick.
The substratum is pinkish silt loam that extends to depths of more
than 60 inches.
Included with this soil in mapping are small areas of Norval
soil which make up to 5 to 10 percent of the nrappi ►k; iini.1. Norval
soil has slopes of 3 to E, percent.
Permeability of the Vale soil is moderato. MffecLi_ve rooting
depth is more than 40 inches. Available water capacity is medium.
.Surface runoff is medium and the erosion hazard is moderate.
This soil is used mainly for irrigated crops and hay. Small
grains, corn, potatoes, alfalfa, and grass hay are grown. Irrigation
water is usually applied by flooding, but furrows or sprinklers are
also used.
The native vegetation on this Boil ii:; mainly rrrodli•;ur,dLhruail,
western wheatcrass, muLtur,r;rags, and bit; s;sobru: }r.
r
•
Appendix 1
700 -Vale silt loam
When the range condition deteriorates, forbs and woody sirubr.
increase. When the range is in poor condition, undesirable weeds
and• annual plants are numerous. Proper grazing management maintains
ar,d i.rirprOVCs ranc;cf condition. li :duct ion of hru:•h i i 1 rove ;; dc1.t•r•ior•-
a.ted range sites. Seeding is a. good pr•;Lc;tice if rato; i:; in
poor condition. Oui1.ab1t.r for nc,edit4_7 arc 1•rtlx.nc(.nl. wlrc:tl.t-ra , w�•::L-
ern wheatgrass, and big bluegrass.
For successful seeding, a good
practice is to prepare a seedbed and drill the seed.
Wildlife using this soil for habitat include cottontail rabbit,
mourning dove, wild turkey, and mule deer.
•
Pot.ont.ia.7 for community development and recreation is limited
by low strength, .;u:;cepLib.i.1ity to. yi pi►k;, and 1•ru:;l. hc•;Ivv. i;o:ids,
ditches, and building foundations can be cic; .icned to cc•:±a•c1►sate for
these limitations. Capability subclass, llle
-r):,.
2
•-:ii w ti° ...�Y' S.fa... �'Sa'"J. 5': h.i.•,►,►+s3.s
r
•
Appendix 1
Map Unit. No. 700__
501E cfAl(ACTLIiiS7lC:;
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater than 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete,
•
:More than 60 inches
Silt loam
Silty clay loam, clay loam, silt loam
. Silt loam, silty clay loam, loam
: CL -ML, CL
Moderate
0
6.6 to 7.3
Moderate
Moderate
None
B
Moderate
Low
DEGREE & KIND OF LIMITATIONS
(T\, (0 is Slight, M is Moderate, S is Severe)
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
M
M
M
0
0
0
0
M
Peres slowly
Slope, :seepage
Too clayey
Low strength
Fair, too clayey
Fair, low strength
Unnui Lcd
Urinui ted
Good
SUBJkCT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
r
Appendix 1
=7.�.�CViy..:`....l:ii
i •
AW—Torrifiuvents, nearly level. Torrifluvents consist, of deep,
well Lo :omewhart, poorly drained soils formed in alluvium. They
occupy the nearly level floodplains adjacent to the Colorado and
Roaring Fork Rivers and their major Lr.i1,ut.nr•.ic s, :such as Four
Mile Creek, Canyon Creek, Elk Creek, Divide Croce,
Mamm Creek,
Government Creek, and Parachute Creek. Slopes are 0 to 6 percent.
The soils are stratified and vary widely in texture and depth due
to seasonal fluctuating water levels. Surface layers range from
loamy sands and fine sandy loams to silt loamy and clay loams.
Underlying layers are usually sandy loams or l oars that are strat—
ified with sand, gravel and cobble. Some areas have gravel and
cobblestone on or ncur the surface. Water level:: fluctuate from
? to 4 feet and may be near the surface during spring runoff from
::now melt„ !1r•c rt: o f I.Iii 1'rtt:,d ly tit•1'i tttr(1 tra i t. ltrt• .ntlt,lt•‘'1. Lu
brief occasional flooding during late spring and early summer
months.
Included in the mapping and making up 15 percent of this unit
are small isolated areas of the Wenn soils on 1 to 3 percent slopes.
Also included in mapping are small areas of moderate to severely
alkali affected soils identified by an alkali spot. symbol. There
are isolated and .rmall areas where water stands near or at the sur—
face year around. These are itlt :,t,i firs] l,y wet, spot :,lid marsh spot
symbols.
.z .
1 II
e-
• •
Appendix 1
AW-Torrifluvents, nearly level. 2
The native vegetation is mainly cottonwood, willow, tamarisk
and water tolerant grasses, sedges, and rushes. This unit is often
suited to the production of Fremont cottonwood trees. It is capable
of producing 230 board feet of timber per acre from a fully stocked,
even -aged stand of 40 year old trees.
Some areas of this unit are used for livestock grazing. It
provides shelter and forage where access to these areas is available.
This unit has a definite recreation potential. Wildlife popula-
tions are abundant and the nearness to the river make those areas
available to rafting and canoeing enthusiasts.
Wildlife abound in this vegetative habitat. Mule deer, cotton-
tail rabbits, coyotes, bobcats, ducks, geese, and other native birds
are well adapted and use the native vegetation for food and shelter.
Where it is feasible, development of food plots, tree and shrub
planting, and establishment of nesting cover would enhance the habitat
for upland game.
In areas of perennial hit!h water table, open wetter may be
developed by blasting or heavy equipment tor water 1,w1 uat;o and
fish ponds.
Cclrnrmrn i. I,y devcl einnr•ni, i Very limited rin l.h i ani t. l•'11,1'd i nth,
seasonal hil!h w111,1'r I.rlhl„rt, and vrlr'I olll 1' ,:111 r•�'i: til l'.':: r'egii rl' 1•!1-,tl t•1'
soil i ave:;l, i f:rl l,'o :i:; I,I1 111•tl'r•rn i ne r•r,nilll•rr::rl 1. i rrf; nn':I::n r,.:: /IL
proposed •rites. (;trllrrll i I i ty :ahelann V 1 1 w, ' 1 r i l!:r tl:ll.