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HomeMy WebLinkAbout1.0 Application• BEFORE THE COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (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 at- torney for Clarence W. Lyons and Lessie M. Lyons respectfully petition the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a tract containing approximately 45.6 acres into two (2) tracts of approximately 40 acres and 5.557 acres respectively, 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: 1. The newly created parcel of approximately 5.557 acres is depicted on the plat attached hereto as Exhibit "A" and is specifically described on Exhibit "B" attached hereto. 2. The petitioners have owned the subject property for more than five (5) years, there have been no earlier divisions of said property and the division will create only one (1) new tract under 35 acres in size. 3. On or about October 13, 1981, the Board of County Commissioners of Garfield County, Colorado, approved a mobile home special use permit for the proposed 5.557 acre parcel and it was thereafter discovered that the subject parcel had never received formal exemption from the subdivision process. 4. The newly created parcel will meet all requirements of the applicable zone district. In support of this petition, the petitioners also submit the following: A. Map drawn to scale showing the proposed lot subdivision and access. (See Assessor's Map for Access Road) B. Copy of petitioners' deed to the subject property. C. Vicinity Map D. The source of domestic water for the 5.557 acre tract to be created is the domestic water system of the Lions Ridge Estates Homeowners Association pursuant to the agreement for a tap thereon, which agreement is attached hereto and incorporated herein by this reference. E. Sewage disposal for the new parcel shall be a septic tank/leach field. (See Permit Attached) 1983. • • F. The subject property is not crossed or joined by a live stream. G. Soil Conservation Service analysis of soil types and characteristics is attached hereto. H. A copy of the Assessor's map showing the subject property and the adjoining area is attached hereto. I. The subject property is located approximately one (1) mile northerly of the intersection of County Road 100 and Colorado State Highway 82. J. A check for $56.00 is attached for payment of the required filing fee. K. A $200.00 School Assessment Fee for the new lot to be created will be paid upon approval of this petition. /7' Submitted at Glenwood Springs, Colorado, this /2 day of Sz etiG — CLARENCE W. LYON' d SSIE M. LYONS Bv: Dan Kerst, Attorney for Petitioners 817 Colorado Avenue, Suite 201 Glenwood Springs, CO 81601 Telephone: (303) 945-2447 , C)S-a°�� NAME: ///114746,01, C' .(70 Gi%et--' EXEMPTION 47774 / . f PURPOSE OF EXEMPTION:, to e,1,,(Aa?/ (5,5 d G • �-a7 7 a 1444e, evrr,a' 710 ,-G604),,42 4-m-(7 ZONING: /41--% ,2 QUALIFICATION FOR S.B. 35 LTA`s S LOCATION 0 F SITE: 6 , f '���y-��� ,moi. / ,Zj /e'er, WATER: 4/()G -- DIV. OF WATER RESOURCES RESPONSE: A/4 �� SEWER: ZCA /4:LogOf CHECK LIST: % 7` 5-6 'FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) L/ MAP showing proposed lots and access //DEED L/VICINITY MAP —100 yr floodplain info. OIL MAP IF community water, letter of approval from governing body COMMENTS: (-cr4p, 127 6)? zet- 11/ nip(5/- Arivt7 isk il?/-/Sti /t) See Assessor's Map for Access Road) Range 87 W of Township 7 S, O C1 0) co a) r -i cnO O F (I) O 7 0 0 \4 0 ▪ I cn4 mIU � 4 �s G J 3 0 cal z l.+O ,179'£17£I 3„617,0g020 N 0 r) U SE 1/4 SEI/4 17 i • r r- O w n0 "4 o 00 ow 0 M„Se12SoZS O , 01 ti N O w K) N 0 cD 01 0 0 u) U) w z I- 3 w I- 0 0M W • F- Z 0) cr � Q U O w w w Z o� 1- "1 0 z . oa 00 wv S V - (0 0) W w LL. ooh 00 o 0m 1- 0 10 o S • Om 3 . CC 0) w0 NORTH COUNTY ROAD SURVEY PLAT EXHIBIT "A" PARTS OF LOTS 8 & 9, AND THE SE I/4 SE 1/4 S. 30 8 THE W. 1/2 SW 1/4 SWI/4 S.29 T.7S. R88W BY LINES ON SPACE SYDNEY LI/VC/COME (L. S /4///i BOX 121 CARBONDlALE1 COLO. 303-963-3852 A parcel of land situated in parts of Lots 8 and 9, Section 30, Township 7 South, Eange .87 Fest of the Sixth Principal Meridian described as follows: Beginning at the South Quarter Corner of said Section 30, whence the Witness Quarter Corner bears: N. 89'55'23" E. 40.00 feet; thence from the true corner N. 02°52'25" E. along the Westerly line of said Lot 8, 373.54 feet to the true point of beginning; thence N. 0252'25" E. along the Westerly Line of said Lots 8 and 9, 972.86 feet to the North- west corner of said Lot 9; thence S. 89°58'15" E. along the Northerly line of said Lot 9, 498.28 feet; thence S. 29°23'13" W. 1114.84 feet to the true point of beginning. The above described parcel of land contains 5.557 acres, more or less. EXHIBIT "B" V ar ty Deed Joint tenants 110 Grant r Lloyd J . 31u e , Jr 1549 1 -Grantee-Clarence W.Lyons and Lessie May Lyons Date ` ..onsideratioa Rev. $2.75 e-PtT-21- 3-194) — `i$.00 Acknowledged Sept '24,1945 Descrition : Garfield C Co,n yy--untp+t -- cid pertic riot in ternancy in' common' b :survivor .of' them, their assign ess1"gus of such survivor fore The N1E4 and Lots 8 en V1.6th.P.�1�. containing 80 acre v.�ater -right -rightfruat e—C-arb D ti on_c.,beixn-g--.he sera Water Deed from the Carbondal Recorde t o' 10�� M. Book Page Se�t.2�,�.945 . �:19 51--- over bef . Marcus J.Mayes,. N.P o.Colo. - s -et thesecond part ut in joitntenancy, the s and the heirs and ver,all the following d 9' of Sec 30 Tp7 S.R.I 87 s; together with 1/2 rrgat. ' -ed in e Reservoir and • • nre rnn o rt;ea ao�.oyi o ` t�uTBtio pssa�.zo3 ebur )qt po.aad al:o; ernSq panra,Ar tea; a_.7a3n Jo aaaaracis 7aauoo pat anal `irn; a eq of 2uro2aro; put , , if _.17.1.4. TI Comp .y dit.. d_max2 192_ 6s ma a.. ed Aprils= 4,1922 and of record in the office of the- Clerk =,., d Recorder. of arfieid County ,Colo:,- EIS' _ Docuc�t.: oda.. 7 8555, in Book=134,at, page. 305 thereof, :and to :ether with any and all other ditch and ditch rights, ;ate . and water ,rights belonging to, used upon orin ccrirection with t e lands above 'described. 6 / i,r r • 0 • •• • • ) t•�c",,,,,,,,,,.;,-.. `. x7,93 1 --- Th Iii(• SUBJECT PROPERTY • L/ I �o 1 • ,2 9 • ti 0 6284 Catherine; 11 � II 1o • • w N • c '6234 6742 '°-tJ'c V."Mulford • • ~ 1r" < Ri-ER" 32 • ,t.r aEOp;.: 1 6e95 x u 1 c n mo 0 'mac ^i z_vim-`at • • 7200 \ �c •,. 0 ;---'--____---,„,--T c '12 313 5s 10' R. 8/3 W. % .1`' R. 87 W. \:114 315010..[ VICINITY MAP Lyons Subdivision Exemption C Petition 46/3 jr. 41 r • AGREEMENT THIS AGREEMENT, made and entered into this23rd day of August 1983, by and between the LIONS RIDGE ESTATES HOMEOWNERS ASSOCIATION (hereinafter the "Association") and CLARENCE W. LYONS and LESSIE M. LYONS (hereinafter "Lyons"), WITNESSETH: WHEREAS, the Association has agreed to grant to Lyons' a limited membership in the Association for the purpose of allowing the Lyons to receive one domestic water tap from the Association's domestic water system. NOW THEREFORE, for and in consideration of the promises and agree- ments herein contained, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Lyons shall pay to the Association the sum of Three Thousand Dollars ($3,000N'°.00 as consideration for the Association granting and �' L O S extending to the AsS•Leiat}ea a limited membership in the Association, which limited membership shall entitle the Lyons' to one, 1" domestic water tap from the Association's domestic water system, together with such easement and right of way as is hereinafter provided. Said sum of $3,000.00 shall be paid to the Association prior the the Lyons' tapping or connecting onto the Association's water system. 2. The limited membership to be granted to Lyons' pursuant to this agreement shall entitle Lyons' to all rights and shall subject Lyons' to all obligations of limited members as fully set forth in the Articles of Incorporation and By -Laws of the Association as the same now exist or may hereafter be amended or modified. 3. In consideration of the Lyons' payment to the Association as above provided, the Lyons' shall have such easement and right of way as is necessary to extend a water line from the Association's water system, at such point as is mutually agreed by the Board of Directors of the Association and Lyons, to the Lyons' real property containing approx- imately 5.557 acres and situate adjacent to and westerly of Lots 9 and 10 of the Lion's Ridge Estates. It is expressly understood and agreed that the Lyons limited membership in the Association, and their right to a domestic water tap as herein provided, shall be appurtenant to the above referenced property and shall be used only in connection with one single family residence to be located on such property. The Lyons shall not, in the installation of any water line pursuant to this agreement, cut or otherwise disturb the paving of any roads serving the Lion's Ridge Estates, and Lyons hereby expressly warrant any work performed in connecting onto the Association's water system for a period of one year from such connection and agree that they shall repair promptly upon discovery, any damage to any paving or to the Association's water lines or other property for a period of one year from the date of such con- nection. 4. This agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, personal representatives, succes- sors and assigns. IN WITNESS WHEREOF, the parties hereto have hereafter affixed their signatures the day and year first above written. C ATTEST: rence W. Lyons Lessie M. Lyons LION'S RIIG EST :TE HOMEOWNER: ASSO BY: • 1 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Phone (303) 945-8241 INDIVIDUAL SEWAGE DISPOSAL PERMIT Owner r'i rence Q. L e ie Ly-2ns 1' 6 IThis does not constitute a building or use permit. System Location 4205 County Rd 100, Carbondale, CO Licensed Installer Conditional Construction approval is hereby granted for a Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: gallon Perc rate of one inch in L— minutes requires a minimum of 3 h sq ft of absorption area per bedroom. Therefore the no. of bedrooms 3 x 23O sq ft minimum requirement = a total of �sq ft of absorption area. z } Inspector ) 401A / t May we suggest Date FINAL APPROVAL OF SYSTEM: • • No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. Septic Tank access for inspection and cleaning within --12" of ground surface or aerated access ports above ground surface. Proper materials and assembly. Trade name of septic tank or aerated treatment unit. Adequate absorption (or dispersal) area. Adequate compliance with permit requirements. 6-q Adequate compliance with County and State regulations/requirements. v Other C). /� Date Inspector QU',.� RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I. Petty Offense (S500.00 fine — 6 months in jail or both). • Applicant: Green Copy Department: Pink Copy ..rv-.r.�w�-.^+.n r.�v-w,,,r.�+►�•i'y1w+.irr.�..-..�"w�...-..-r..�. �...JR.`.�, - &IL 154,1)- 228 0 1361E -5O J 1701)-2o 70r AW-,Sy0 b RI -6-965 ff� XT1c Cie 1 44 p 1 Ljt nwp MR4f. no, ,57 SOIL CHARACTERISTICS Depth to Bedrock • Texture Surface Subsoil Substratum Unified/AASHO Classification: Permeability (below 2 feet) .: Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (p11) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete '.DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, $ is Severe) Septic Tank Absorption Fields : S Sewage Lagoons : S Sanitary Landfill - Trench : S - Area : S Shallow Excavations : S Dwellings w/basements : S w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... • • • . • • • . • moderately deep over sand, gravel, stone Sandy loam, stony sandy loam gravelly sandy clay loam, sand and gravel stony sandy loam, sand and gravel 3M, GM, GW; A-4, A-2, A-1 rapid 5 to 10% in surface; 20 to 70% below 7.9 8.4 low low none moderate low : : S large stones **, steep slopes - steep slopes, seepage, large atones seepage, large stones, steep slopes seepage, steep elopes large large large large stones, cutbanks cave, steep slopes stones, steep slopes stones, steep slopes stones, steep slopes Daily Cover for Landfill : Poor - seepage, large stones, steep slopes Topsoil : Poor - large Sand - large Gravel : FRir - large Roadfill : Poor - large OTHER SOIL FEATURES ** Rapid permeability may cause a pp.hlu.tion .hazard. : Fair stones, thin layer, steep slopes stones, steep slopes stones, steep slopes stones, steep slopes "ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USED IN PLACE OF ON-SITE INVESTItATION, ;nit No. SOIL CHARACTERISTICS P,,pth to Bedrock Icxtlire Surface Subsoil Substratum • : welower4ePig deep over cobble, stone U'iified/AASIIO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) . Soil Reaction (pII) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Croup Corrosivity - Steel - Concrete 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/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand : Unsuited Gravel : Unsuited Roadfill OTHER SOIL FEATURES »» } rid permeability may cause a pollution hazard. cobbly loam cobbly sandy loam, flaggy sandy loam very flagf;y sandy loam ML, GM; A-4, A-2 rapid 35 to 80 percent 7.9 - 8.4 low low. none 8 high low : S - large stones ** : S - seepage, large stones S - seepage, large stones S - seepage : S - large stones : S - large stones : M - large stones S - large stones : Poor - large stones, seepage : Poor - large stones, thin layer : Poor - large stones "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. Map Unit No. E'9C '9D SOIL CHARACTERISTICS Depth to Bedrock Texture : deep Surface . Subsoil Substratuca Unified/AASHO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (pII) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) • loam, light clay loam loam, light clay loam ML, CL; A-4, A-6 moderately slow to moderate 0 to 5 percent 7.4 - 9.0 : soil has a high moderate gypsum content : moderate : none : B : high : soil has a high gypsum content : high : soil has a high gypsum content Septic Tank Absorption Fields :- M - permeability rate ** Sewage Lagoons : M - seepage Sanitary Landfill - Trench : M - seepage - Area : M - seepage Shallow Excavations : 0 Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill Ivt - low strength : M - low strength : M - frost action, low strength : Poor - seepage : Good : Unsuited : Unsuited : Poor - low strength ** ** OTHER SOIL FEATURES ** This soil has a high gypsum content; it is very susceptible to piping and failure. Sinkholes develop, and the introduction of effluent to the soil may cause a pollution hazard to groundwater. "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. L 144 H£13 SOIL CHARM:1 STIC:; ' 2F • Depth to Bedrock I n I, , Flo„t, Texture Surface ;t ;n ;, Icir,n , cobtily loam, lrrh-vel1v loam Subsoil Substratum : very :tory loan, V-:ry cob:;ly 1o'r Unified/AASHO Classification: t'L, Cl,-�i , ..C; A-4 Permeability (below,2 feet) : rtir',,i Percent Coarse Fragments (gravel, cobble, .stone) , iu ts;, t,:rc•nt. Soil Reaction (pH) : 7.9 - r,4 Shrink -Swell PotentiallowPotential Frost Action (surface) : l c w Flood Hazard : ' none Hydrologic Group : R Corrosivity - Steel : modtrrrtt c, - Concrete : mncl,,rfrte DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields 11 - 1r-trprt. stones, steep :;lopes Sewage Lagoons J - steep slope:;, seepage, lerg;te stones Sanitary Landfill - Trench - ;r”' l>r + , larKe st.nn<t. - Area - steep slept?:,, soopae Shallow Excavations Dwellings w/basements w/o basements hart'#+ t,,,n,t: rittbertks rrtvH, ;at,r;lOpt) n 1�;r1�e stones, nes , st,Nep slopes S - star;r :;lona:;, large st,nncis Local Roads and Streets , S - .;tof. r- !!lrrt lr,rt;3 A01) OS SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill : poor - lrtrre :tomes, steep slopes Topsoil : Poor - large states, steep slopes Sand su.tf,i Gravel rr;;;;ti t.F,t1 Roadfill , P - !n. s?r•, OTHER SOIL FEATURES kar,i,: r,eItfie i 1i1.'/ m,.,, (use rr r illut,inrt 1 t..iii•, "ADVANCE COPY SUBJECT TO CHANGE" NOT TO RE USED IN PLACE: (W ON -SITZ'. 1NVI'f:TiCATIt1N. Mill Vitil Nu.XIic et ti a SOIL CHARACTERISTICS • Depth to Bedrock :mcwln-nte}y--doop over sand, gravel Texture Surface :sandy loam Subsoil :sandy clay loam Substratum :gravelly sandy loam, stony sandy loam Unified/AASHO Classification:SM, SC, GP, GM; A-2, A-4, A-1 Permeability (below 2 feet) :moderately rapid to rapid Percent Coarse Fragments (gravel, cobble, stone) :30 to 80 percent below 2 feet Soil Reaction (pH) :7.4 - 7.8 Shrink -Swell Potential :low Potential Frost Action" (surface) : low Flood Hazard :none Hydrologic Group :B Corrosivity - Steel :high - Concrete :low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields :0* Sewage Lagoons :S - seepage Sanitary Landfill - Trench :3 seepage - Area :3 seepage Shallow Excavations :S cutbanks cave, small stones Dwellings w/basements :0 w/o basements :0 Local Roads and Streets :0 SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill :Fair - thin layer, small stones Topsoil :Fair - thin layer Sand : Good Gravel : Good Roadfill : Good OTHER SOIL FEATURES * rapid permeability may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. Map Unit No. X1lCllart SOIL CHARACTERISTICS Depth to Bedrock :;tir..deep over sand, gravel Texture Surface :gravelly loam Subsoil Substratum :sand and gravel Unified/AASHO Classification:ML, SM, GW, SW; A-4, A-2, A-1 Permeability (below 2 feet) :rapid Percent Coarse Fragments (gravel, cobble, stone) :5 to 15 percent Soil Reaction (pH) :7.9 - 8.4 Shrink -Swell Potential :low Potential Frost Action' (surface) : low Flood Hazard :none Hydrologic Group :B Corrosivity - Steel :high - Concrete :low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields :0* Sewage Lagoons :S - seepage Sanitary Landfill - Trench :S - seepage, too sandy - Area :S - seepage Shallow Excavations :S - cutbanks cave, small stones Dwellings w/basements :0 w/o basements :0 Local Roads and Streets :0 SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES * rapid permeability may cause a pollution,,,h.zard. :Fair - seepage, thin layer :Poor - small stones, too sandy :Good :Good :Good "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION. • 8/81 71C Almy loam, 1 to 6 percent slopes. This deep, well drained soil is on fans and uplands. It formed in alluvium derived dominantly frau calcareous redbed sandstone and shale. Elevation is 6,000 to 7,800 feet. The average annual precipitation is 12 to 16 inches, the average annual air temperature is 42 to 46 degrees F, and the average .frost -free period is 70 to 100 days. Typically, the surface layer is reddish brown loam 10 inches thick. The upper 4 inches of the subsoil is fine sandy loam. The lower 7 inches is fine sandy clay loam. The substratum to a depth of 60 inches or more is fine sandy loam. The soil is noncalcareous to a depth of 10 to 15 inches and calcareous below that depth. Included in this unit are small areas of Empedrado soils. Included areas make up about 20 percent of the total acreage. Permeability of the Almy soil is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used for rangeland arra hayland. The potential plant community on this unit is mainly bluebunch wheatgrass, Indian ricegrass, bottlebrush squirreltail, Douglas rabbitbrush and Wyoming big sagebrush. Prairie junegrass, needleandthread, and Sandberg bluegrass are also present in the potential plant community. The average annual production of air-dry vegetation is about 800 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass and annual weeds increase. 71C-ALMM 1 The suitability of this unit for rangeland seeding is high. Loss of the surface layer results in a severe decrease in productivity arra in the Potential of the soil to produce plants suitable for grazing. This unit is well suited to hay and pasture. It has few limitations. Grasses and legumes grow well if adequate fertilizer is used. This map unit is well suited to homesite developrhent. The map unit is in capability subclass IVe, irrigated, and IVe, nonirrigated. It is in Folling Loam range site. Recorded at t — Reception No. _1.f ` o'clock M., br_r_ ;,;1 lyes!-- - - br:?K 581 r'!,Eo ( Recorder. THIS DEED, Made this day of September , 19 81 , between HAROLD R. LYONS, MARIANNE E. LYONS, MARION L. SAMUELSON and ANN M. SAMUELSON of the County ofGarf field , State of Colorado, of the first part, and CLARENCE W. LYONS and LESSIE M. LYONS whose legal address is of the 4206 100 Road Carbondale, CO 81623 County oi;arfieand State of Colorado, of the second part: Recorder's Stamp 5 EP 21 191383 -la co, Km"' WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration DOLLARS to the said part iegf the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part ies of the first part have 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: An easement and right of way for access and utility purposes 30 feet in width extending along and 15 feet on either side of the centerline of the roadway as currently established and in place, extending from Garfield County Road 100 to that parcel of land containing 5.557 acres, more or less, which parcel is particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, said easement and right of way being situate in the SZ of Section 30, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorado also known as street and number 4206 100 Road, Carbondale, CO 81623 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 parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part ies of the first part ha Ve hereunto set their hand s and seal s the day and year first above written. t1 Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of Garfield arold R. Lyons 7'\ 0 '1-1. nne E. ons a/2-6/7/ arse arion L. Samue son [SEAL] [SEAL] [SEAL] _(ll.'rC y)!fi.!,tx? �to� (SEAL nn M. Samuelson 4-4 TTiegoing instrument was acknowledged before me this / day of September 19 8i..` �-..Harold R. Lyons, Marianne E. Lyons, Marion L. Samuelson and .t Ann'. � 1617 Samuelson `l y cop-AnIAMp expires ,.5) Vie• "' _ ' �1$$iS� my hand and official seal. VT 1l.l \-13C-1 ili t No. 962. t/I IT CLAIM UI DEED.—To Joint Trnanta.-13radford Publishing Co., 1846 Stout Street, Denver, Colorado (673-6011)"-7.78 Notary Public. • $(.'J 581 PAGE67 S EXHIBIT "A" Quit Claim Deed from Harold R. Lyons, Marianne E. Lyons, Marion L. Samuelson and Ann M. Samuelson to Clarency W. Lyons and Lessie M. Lyons. A parcel of land situated in parts of Lots 8 end 9, Section 30, Township 7 South, Lange .©7 West of the Sixth Principal Meridian described as follows: Beginning at the South Quarter Corner of said Section 30, whence the Witness Quarter Corner bears: N. 89°55'23" E. 40.00 feet; thence from the true corner N. 02°52'25" E. ' along the Westerly line of said Lot 8, 373.54 feet to the true point of beginning; thence N. 02°52'25" E. along the Westerly Line of said Lots 8 and 9, 972.86 feet to the North- west corner of said Lot 9; thence S. 89°58'15" E. along the Northerly line of said Lot 9, 498.28 feet; thence S. 29°23'13" W. 1114.84 feet to the true point of beginning. The above described parcel of land contains 5.557 acres, more or less. • 1 SCHENK, KERST & 1)EWINTER ATTORNEYS AT LAW SUITE 201, 817 COLORADO AVENUE GLENWOOD SPRINGS. COLORADO 81601 (303) 945-2447 JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III Department of Development Garfield County 2014 Blake Avenue Glenwood Springs, CO 81601 September 6, 1983 RE: Clarence W. Lyons and Lessie M. Lyons Petition for Subdivision Exemption Ladies and Gentlemen: I enclose herewith for filing a Petition for Subdivision Exemption for the division of a parcel of land containing 45.6 acres more or less owned by the Lyons' and located northerly of the intersection of State Highway 82 and County Road 100, into two (2) parcels containing approxi- mately 40 acres and 5.6 acres, respectively. The 5.6 acre tract was previously before the County Commissioners on a mobile home special use permit application which was, in fact, approved by the Commissioners on October 13, 1981. Subsequent to that approval it was discovered that the parcel had never been formally exempted from subdivision, a fact which was inadvertently overlooked at the time the Lyons' filed their special use permit application. Subsequently, problems arose regarding the provision of domestic water to the parcel and substantial time has elapsed during our efforts to solve the water supply problem. As noted in the enclosed Petition, the Lyons' now have an agreement with the Lions Ridge Estates Homeowners Association to obtain a domestic water tap from the Association's system. This should adequately resolve any concerns regarding the supply of water to the parcel. The Lyons' still wish to proceed with a mobile home special use permit for the lot. Will it be necessary to process a new application for the special use permit or will the Commissioner's prior approval of the permit be activiated upon approval of the Petition for Subdivision Exemption? If further application is needed in connection with the special use permit, please advise me promptly so that we can make the appropriate filing and avoid further delay of this process. Please inform me if further information is required in connection with this matter. Your favorable consideration of this Petition will be appreciated. DK/reh Enc. cc Mr. and Mrs. Lyons Yours very truly, 7 �I' • I 0 0 n V; L c. k 2 S'r•91 n.1 01) 0.1D lrrtirinin 2''r) f --ACCESS ROAD roId 1 Isla' snit L)`/e45 r+an 1 Ann Sgmuetsar► t?11n� AT Oe.n�1ds bR1/� br4i Ob+lwN -\ Kur�L U0u54C, 1 I .�•. e�' 0,1%(t) 142\ 0 1.N.. /171 �— --� / .Rp vtlf0 :M4 •s CI emen ` 1�Uetie��111;) ',,,Mw . 01.. {ISI I _. •'IQ Coif" ;) A 1 0 • .. NOTE l Lien's Rldpr (slates Ad)oininp 2391.31 1.5 •. (Fro :I) 1'14 1.•.. • •1' . 1 514 41 r , rr)i jr. I. A /',k .•x (r) ..4 0 G s r. in ) .2 3 91 - 3'0 T 7 S-R.©7,W. SEC 30 (9151....1 ,.4�.^11t,.�. 31 •