HomeMy WebLinkAbout1.0 Applicationw
II-ifORI3'l'I I1 BOARD OF COUNTY COMMISS1PNERS OF
GARFIILD COUN'T'Y, COLORADO
PEITI1 Fo ILEX EM PT
Pursuant to C.R.S. (197.3) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations 01 -Garfield County, Colorad�, adopted A ril 23, 1984 Section 2:20.49,
the undersigned G'e.c . r
respectfully petitions
the Board ()Motility //Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of ' 3 V acre tract of land into � tracts of approximately _
3,3 ( 3 acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (cl) and the Garfield County Subdivision Regulations for the reasons stated below:
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SU13M1Yl'AI:MLN`I'S:
An application which satisfies the review criteria must be submitted with all the following
information:
'\A. Sketch map ata minimum scale of 1"=200' showing the legal description of the
properly, dimension and area of all lois or separate interests to becreated, access
to a public right-of-way, aial any proposed easements for drainage, irrigation,
access or utilities;
Vicinity map at a inim uunr scale of I"=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may beused.
C. Copy of the deed showing ownership by the applicant, or a letter from the
properly owner(s) if other than the applicant; and
1). Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record 01 the property to be exempted, and tenants of any structure
proposed for conversion; and
l.vidence of the soil types and characteristics 01' each type; and
Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of lire protection plan from
appropriate lire district; and
G. If connection to 0 community of municipal water or sewer system is proposed,
a letter from the governing body slating a willingness to serve; and
1-1. Narrative explaining why exemption is being requested; and
T.
It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not. more than three parcels created
from a larger parcel as it existed 00 January I, 1973.
J. A $300.00 fee must be submitted with the application.
Pel ioner�
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Mailing Address
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City State
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Telephone Number
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APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a division ofland
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the staled purpose
of the Subdivision Regulations nor he detrimental to the general public welfare. The Board
shall male exemption decisions in accordance will) the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board ►nay approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. I\10 more than 0 total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorders Office 00 .January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to he divided by exemption that is split by a public
right-ofway (Slate or federal highway, County road or railroad) or natural feature,
preventing .Joint use of the proposed tracts, and the division oCCtn'S along the public
right-ol'-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered 10 have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
B. All Garfield County Zoning requirements will be mel; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
1_). Provision has been nurde for an adequate source of water in terms abed) the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
L. All dale: and local environmental health and safely requirements have been mel or are
in the process of being mel; incl
Provision has been grade for any required road or storm drainage improvements; and
G. Fire protection has been approved by Itre appropriate fire district; and
Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
1. School lees, taxes and special assessments have been paid.
(The School Impact Fee is 1200.0(1 for each new lot created).
PROCIDIJRI:S
A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department ofDevelopmenl/Planning Division. Two (2) copiesofthe
application maps and supplemental information shall be submitted.
11. The Planning Division shall review the exemption request for completeness within eight
(li) days of submittal. 1f incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional inlormalion needed. Tithe
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered Iwelt her case, notification shall occur within fifteen (1 5) days of submittal.
C. Notice or the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record ofland Immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants orally structure proposed for conversion. the
exemption site shall he posted clearly and conspicuously visible from a public right -a-
way with notice signs provided by the Planning Division. All notices shall be mailed al
least fifteen (15) and not more than thirty (30) clays prior to the meeting. The applicant
shall he responsible for mailing the notices and shall present proof of' mailing al the
meeting.
1). At or within fifteen (I5) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes oldie, meeting or in a written resolution. An
applicant denied exemption shall follow thesubdivision procedure in these regulations.
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475047 B-933 P-235 03/02/95 04:00P PG 1 OF 3
MIMED AISDORF GARFIELD CDIR7FY CLFRF AND RFOORDF3t
THIS DEED, Mede thio 28T11 day of FEBRUARY
FRANCES J. BLACK
of the said County of GARFIELD
GEORGE MCCUNE
whom legal adder ir 735 GARFIELD --- ----
CARBONDALE, CO 81623 ,.
alba rid County of OARPI BLD awl Sts of COLORADO
WITNESSETH. Thr dm grantor for and in consideration of the rum of good and valva 01•
coneid•rat ton and ten DOLLARS. the receipt and sufficiency of which la hereby
.heowldgd, has granted, bmpinnd. sold and conveyed, and by the prmme does amt. bargain. sell, coiva7 and mein , wino the
grantee. hie Min and mips forever. all die reel property tog0hn with improvements. N any. situate, lying ant being 1 du gel
County of GARFIELD and Acte of ColorWo described u follows:
BEE EXHIBIT "A"
TOGETHER with all and ...I., rob hereditament. and .ppunenanm thereto belonging. or In rywir appwimi g, wed dee numb*
and rev.abe., remainder and remainders, rent, Maws and profit. thereof, and all the estate, right, title, nausea, elan. ant chant wbl-
▪ er of the grantor. either in law ser equity. of. in and to the shove bargained premium, with tie heredk.me.N wad eppertoaxow.
TO IIAVE AND 1111101.1) the aid premia shove bargained and deribd, with the Wppunmaneaa, unto the pmm. Ms Yin W
sign. forever. And the grantor. for himself, hi. wiry. and personal ,.pre enuoiva, dws mverea, gram. barpb, ed agar to, rd Mob
the gree.. his heirs and sip., that at the time of the enmiing and delivery of the preeaa, Y is well .eland of the preening above
mnv.yed, Mu good. sure. perfect, absolute and indefmiblc eats of inheritance. in law, b f almple. and h. ped ridtt. hit prem ed
lawful authority to pan, hatpin, sell and convey the same in runner and form as aforwaid. and that the am an fr. atl 14 from MI
forma and miter perp; bargains. We., liens, taxa, amamem., .cumbrances and nenriaione of whatever kind or antra .raver, resp
real property taxa• for the year 1995, not yet du• or payable, and thong*
item. •• ••t forth on exhibit B. attached hereto and made a part hereof.
The grantor .hell and will WARRANTY AND FOREVER DEFEND the aboveb.rpined preemie.. is the quiet aid peaceable pe metes
. f the pant., his Yin and assigns, &pine all and every purr. or person. lawfully cisiming the whole or any pat Humor TY abgdr
number &hall include the plural. ttheplural the einpad the athe use of any gender ,hall he impli .le to awl guidons..
IN WITNESS WHEREOF, the grantor has executed this deed on the due d forth shove.
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FIANCES 3.,9LACK
The foregoing instrument was atnowldgd
by FRANCES J. BLACK Pv
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oMiumote O. rme•e•.r Mc*/ GEORGE. MC
735 GARFIELD
CARBONDAI.E. CO
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F. O. BOX 361
SILT. Co 81;.`,:
475047 B- P-236 03/02/95 04:0XW PG 2 OF 3
SCHEDULE A
1.SOPERTY DESCRIPTION
ORDER NO; 94023479 C-2
A parcel of land situated in the St1/40!1/4 Section 4, Tp. 6
South, Range 92 Most the Sixth Principal Meridian lying
Southerly of the 9outierly line of County Road No. 236;
Westerly of the Masterly line of County Road No. 231; Northerly
and Westerly of those parcels of land described on Document
Numbors 216256 and 212291 as recorded in the Clerk and Recorder
Office, Garfle`d County, Colorado; and Easterly of • fence as
conetrueted and in place more particularly described as follows
Beginning at the section corner common to Sections 3, 4, 9 and
10, Township 6 South, Range 92 West of the Sixth Principal
Meridian, said corner located near the intersection of 1st
Street and Grand Avenue, to the town of Silt, Colorado;
thence M. 49 degrees 49'50' W. 444.-5 feet to the True Point
of Beginning, said point being on that line as described by
motes and bound on Document No. 186210 and No. 177883;
thence leaving said line and alongside a Lance as constructed
and in place 9. 00 degrees 43'16" W. 999.22 feet to a point
on the Southerly right of way line of County Road No 236;
thence along said Southerly right of way line S. 89 degrees
30.24" E. 310.00 feet to a point on the Westerly right of way
line of County Road No. 231;
thence along acid Westerly right if way line S. 00
dograee 31'04' E. 746.00 feet to a point on the
Northerly lino of Document No. 216256;
[hence along a•id Northerly line S. 89 dogrel. 23.00' W.
50.00 feet;
thence S. 00 degree• 49.00' E. 100.81 feet to • point on
the Northerly line of Document No. 212291;
thence along said Northerly line N. 89 degree• 22'00" W.
138.77 feet;
thence S. 00 degrees 37.10" E. 192.56 feet to that line as
described on Document No. 177883 and No. 186210;
thence along said line N. 59 degrees 07.00', N. 34.38 feet;
thence N. 74 degrees 51'00' W. 92.64 feet to the True Point
of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
E%NISTT "B'
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75047 5-939 P-237 03/02/95 04:00P FG 3 r)F 3
Right of the proprietor of • vein or lode to extract and remove
hie ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded August 31, 1893 in Book 12 at Page 244 as
Reception No. 16286.
Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded August 31, 1893 in Book 12 at Page 244 as Reception No.
16286.
Easement and right of way for maintenance a. granted to Mountain
States Telephone and Telegraph in the instrument recorded in
Book SO at Page 430 as Reception No. 42622 , in which the
specific location of the easement is not defined.
Reservation of an undivided one-half interest in all oil, gas
and other mineral rights, as reserved in the Deed to Miller A.
Alley recorded March 28, 1952, in Book 263 at Page 464 as
Reception No. 176897, and any and all assignments thereof, or
interests therein.
Terms, conditions, obligations and proviefons of Resolution No.
76.124 issued by The Board of County Commissioners recorded
December 13, 1978 in Book 520 at Page 209 as Reception No.
290727.
•
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbott - Chairman
Joe Montover
Sean Mello
Tom Voight
Gordon Witzke
Don Zordel - Chief
Stu Cerise - Assist. Chief
June 21, 1996
To Whom It May Concern:
This is to inform you that the property located at T6S, R92W on the corner of 236
Road and 231 Road is in the Burning Mountains Fire Protection District and we do
provide fire protection to same.
Sincerely,
44,014(
Donald L. Zordel, Chief
Burning Mtn. FPD
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•
Form No.
GWS -25
APPLICANT
ID •
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
PHIL MCCUNE
2730 HWY 13
RIFLE CO 81650-
(970) 625-0703
REGISTRATION OF EXISTING WELL
J
LR
WELL PERMIT NUMBER 191946
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SE 1/4 Section 4
Twp 6 S RANGE 92 W 6th P.M.
DISTANCES FROM SECTION LINES
1200 Ft. from South Section Line
75 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted Iby the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated
herein and described in CRS 37-92-602(1)(e), being a well producing 35 GPM and used for ordinary household
purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and
the irrigation of not more than one (1) acre of home gardens and lawns.
4) The average annual amount of ground water to be appropriated shall not exceed 3 acre-feet.
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May 17, 1979
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i0 f/4J Ii E/1')eN S„,T/o,,' L,
INC./SCAR OT1 AND c'tALITr
Suite 204
Remington Square
Rifle, Co., 81650
A parcel of land situatedin the Si 1/4 SEk Section 4, Tcmnship 6 South, Range 92 West of
the Sixth Principal Meridian lying Southerly of the Southerly Right -of -Way of County
Road No. 236 & Westerly of the Westerly Right -of -Way line of County Road No. 231 and
Easterly of an existing fence line more particularly described as follais:
Beginning at the corner common to Sections 3, 4, 9, & 10 of said 'Township and Range,
thence North 2°34'11" W, 861.24' to a point on the Westerly Right -of -Way of County Road
4231 to the True Point of Beginning, thence 11 89°30'24" W 308.50' to a point along si-.i.e
a fend line, thence along side a fence line I1 00°43'16" W 423.03' to a point on the
Southerly Right -of -Way line of County Road 11o. 236, thence along said Southerly Right -
of -Way S 89°30'24" E 310.00' to the intersection of the Westerly Right. -of -Way of County
Road No. 231 thence along said 4, lesterlyRight: -of-(lay S 00°31'04" E 423.00' to the true
point of beginning. Said parcel of land contains 3.00 acres,more or less.
i H �_' �' 4 1 GHPF I ELLi COUNT F.
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hecoraec -at _" o'cleIck �....., M. ....DE.C...-3.iga
Reception 4%
Elia Stephens, Retarder 6GUK 520
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 78-1)4
WHEREAS, Kay R. Larson has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption under C.R.S. 1973, 30-28-101
(10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County,
Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17
(d) and 3.02.01, for the division of a 25.14 acre tract into two (2) tracts
of approximately 18.8 acres (hereinafter tract "A") and 6.34 acres (hereinafter
tract "B"), more or less, and said 25.14 acre tract and tract "B" are more
particularly described as follows:
25.14 acre tract
All that portion of SEISE' of Section 4, Township 6 South, Range 92
West of the 6th Principal Meridian, lying Northerly of the Lower Cactus
Valley Ditch (Grand River Ditch), Westerly of County Road No. 231 and
Southerly of County Road No. 236, with the exception of those parcels
of land as described in Document Numbers 212291, 186210, and 216256
of the Garfield County records.
Tract "B"
A parcel of land situated in the SEISE' of Section 4, Township 6
South, Range 92 West of the Sixth Principal Meridian lying Southerly
of the Southerly ling: of County Road No. 236; Westerly of the Westerly
lane of County Road No. 231; Northerly and Westerly of those parcels
of land as described on Document Numbers 216256, 186210 and 212291 as
recorded in the Clerk and Recorders office, Garfield County, Colorado;
and Easterly of a fence as constructed and in place more particularly
described as follows:
Beginning at the section corner common to Sections 3, 4, 9 and 10,
Township 6 South, Range 92 West of the Sixth Principal Meridian,
said corner located near the intersection of 1st Street and Grand
Avenue to the town of Silt, Colorado; thence N 49°49'5.0" W 444.75
feet to the True Point of Beginning, said point being on that line
as described by metes and bounds on Documents No. 186210 and No. 177883;
thence leaving said line and alongside a fence as constructed and in
place N 00°43'16" W 999.22 feet to a point on the Southerly right-of-
way line of County Road No. 236; thence along said Southerly right-of-
way line S 89°30'24" E 310.00 feet to a point on the Westerly right-of-
way line of County Road No. 231; thence along said Westerly right -of --way
line S 00°31'04" E 746.00 feet to a point on the Northerly line of
Document No. 216256; thence along said Northerly line S S9°22'00"
W 50.00 feet; thence alongside a fence S 00°49'00" E 100.81 feet to
a point on the Northerly line of Document No. 186210 and No. 212291;
thence along said Northerly line N 89°22'00" W 138.77 feet; thence
along side a fence S 00°37'10" E 192.56 feet to that line as described
on Document No. 177883 and No. 186210; thence along said line N 59°
07'00" W 34.38 feet; thence N 74°51'00" W 92.64 feet to the True Point
of Beginning. Said parcel of land contains 6.34 acres more or less.
There is reserved a 17.5 foot strip of ground lying Northerly and
adjoining that line as described on Document No. 177883 and No. 186210.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that he desires said
DUI.1]1 `, U;::41 :;HFFIELI 1
•
•
eoox 520 re6E210
exemption for the puns pirenose of resale of said tract "B" into single-family
residential acreage, and;
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of Ccunty Commissioners of Garfield County, Colorad ;that there is a reasonable
probability of locating domestic water on each of said tracts "A" and ''B", that
there is adequate ingress and egress to said tracts, that the location of
septic tanks will be permitted by the Colorado Department of Health, that the
requested division in accordance with the general purposes and intent of the
Subdivision Regulat_ens of the State of Colorado and the County of Garfield, and
should, therefore, be exempted from the definition of the terms "subdivision"
and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (101) (a) --(d) as
amended;
NOW, THEREFORE, upoe the motion of Richard C. Jolley, seconded by Eleven J.
Cerise, and carried, said 25.14 acre tract of land is hereby exempted from
such definitions and said tract may be divided into two (2) tracts of 18.8
and 6.34 acres, more or less, all as is more fully described above, and said
divided tract may be conveyed in the form of such smaller tracts without
further compliance with the aforesaid subdivision statutes and regulations.
Further, this exemption is granted on the condition and .'.'-h the express
understanding and agreement of the Petitioner that no further exemptions be
granted on said tract "B". A copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this nth day' of November, A.D., 1978
Attest;
De,'uty :� e" of the B+1=rd
of CounCommissioners
Garfield County, Colroado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: ,t . (JQ
--elas•uez, Chai
-2-
non
•
Recorded at /C'.r/.� o'clock M NOV 21.'979
Reception No
29C21G
9 i'9,;E25d
Recorder.
)1 c7 W/r14 (b-11
/
KNOW ALL MEN BY THESE PRESENTS THAT
KAY R. LARSON
First Party
222 Grand
P.O. Box or Street Address
Silt, Colorado 31652
City State
Zip
RECORDER
STATF AaroffrT FTt
* 0 husband and wife
El single person
❑ a Colorado Corporation
O a Partnership
O a Limited Partnership
for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and conveys to
PAUL W. BLACK
Second Party
2805 Parker
P.O. Box or Street Address
Colorado Springs, Colorado 80907
City Stale Zic
`l individually
r] joinr+.nancy
❑ tenancy in Common
`-� a Colorado Corporation
❑ a Partnership
0 a Limited Partnership
the following described property in the Cnimt;r r.l Garfield and State of Colorado:
A parcel of land situated in the SE.iSE1 Section 4, Tp. 6 South,
Range 92 t'Jest of the Sixth Principal Meridian lying Southerly of the
Southerly line of County Road No. 236; Westerly of the Westerly line
of County Road No. 231; Northerly and Westerly of those parcels of
land as described on Documcn`.:Iumhers 216256 and 212291 as recorded
in the Clerk and Recorder Of .ce, c;arfielrt County, Colorado; and
Easterly of a fence as con^rruc:Led and in place more particularly
described as follows:
Beginning at the sec. -ion: cot-ner common to Sections 3, 4,
9 and 10, Townshir: t; t.tth, ! .inge 92 'lest of the Sixth
Principal ?I+_riuian, .,. ! r orner located near the inter-
section of 1st Street :Lnd fund ;Avenue, to the town of
With all it$ iinr urtFn-Anr '11'1
current ye.ir, 'U.,
private nat•tre .1n'.
SIGNED t'
STATE OF COLCPADO
COUNTY Or GAM -ILL!'
to 79 • t;a',• P. Lac non.
I`-
re•.•r• rse hereof)
nr: >ui,iect tcr general r)ronerty taxes for the
ni nts and rights of way of a public or
regulatlnns.
i`
The u:krlowI dQce1 t): --)torn me !his 1Sd'iv of
yoFF.
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S,nnutnr r(1pt l6ilnrin Murat do cnntrvt r.Sgmrm.
November
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SECOND PARTY AT ADDRESS GIVEN
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Silt, Colorado; thence N. 49°49'50" W. 444.75
feet to the True Point of Beginning, said point
being on that line as described by metes and
bounds on Document No. 186210 and No. 177883;
thence leaving said line and alongside a fence
as constructed and in place N. 00°43'16" W. 999.22
feet to a point on the Southerly right-of-way
line of County Road No. 236; thence along said
Southerly right-of-way line S. 89°30'24" E. 310.00-
feet
10.00feet to a point on the Westerly right-of-way
line of County Road No. 231; thence along said
Westerly right-of-way line S. 00°31'04' E. 746.00
feet to a point on the Northerly line of Document.
No. 216256; tacnce along said Northerly line
S. q9°23'00" W. 50.00 feet; thence S. 00°49'00"
C. 100.81 feet to a point on the Northerly line
of Document No. 212201; thence along said Northerly
line N. 89"22'00" W. 1;3.77 feet; thence S. 00°37'10"
E. 192.56 feet to hit line as described on Document
No. 177883 and No. 186210; thence along said line
N. 59'07'00" W. 34.38 f ,ot; thence N. 74°51'00" .,
S•;. 92.64 feet to the true point of beginning
containing (,.34 acres mere or less.
Excepting, an casement or ri'th-of-way for ditch purposes 17,5 feet
in width lying Northerly and adjoining the Southerly line of the
abo'.'eScribed ;:roeert';' t• -h 2 h follows Document No. 186210.
Excepting an easement or right. -of -way for purposes of the instal-
lation and ma intena!,c•e of a di ,.ch or pipeline over ard across the
northerly 20 feet of the ahcee-described property, for purposes of
providing ireinatie ;.1ter to the land retained by first party.
Also, an easement or right-of-way for access to a gulch for purposes
of livestock watering :which easement is described as follows, com-
mencing at the northwest corner of the above-described tract of
land, thence southerly along the westerly boundary thereof 270
feet, `_hen.,e easterly 30 feet, thence southerly 15 feet, thence
westerly 30 feet and thence northerly 15 feet which easement may
be fenced by the first party to the exclusion of the second party.
86id stock :watering easement shall be automatically terminated in
the event of two consecutive years of nonuse.
Toeether with a one-half share of stock in the Grand River Ditch
Cer":.ar.y and all water t. ghts connected therewith.
lig
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it
pit
JULIF 2: 36
I ..D .DotA f.Y
SOIL SURVEY INFORMATION
This information provided to you
thru
BOOK CLIFF SOIL CONSERVATION DISTRICT
and distributed by
USDA
Natural
Resources
Conservation
Service
is`
is
pl
1
11.1.1,4114.1"1.13/1,1.
1
4 _}.�� � DENVER AND
4 RIO
RETORN TOS
_GEO*CE MCCUNE
733 GARlrELD
CARBONDALE, CO 81623
QUIT CLAIM DEED
FRANCIS JEAN BLACK, for the consideration of Ten Dollars and
other good and valuable consideration, in hand paid, hereby quit
claims to GEORGE MCCUNP, whose address is 735 Garfie_c1, Carbondale
CO 81623, any right, title and interest she may have in and to all
water rights appurtenant to the real property in the County of
Garfield, State of Colorado, described on Exhibit A attached hereto
and inc Borated herein by this reference, including, without
limitation, to wit:
One-half O st.,re of stock in the Grand River Ditch
Company.
DATED this 27th day of February, 1995.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
Francis Jern Black
,50'e
Subscribed, sworn to, and acknowledged before me this 27
of February, 1995, by Francis Jean Black.
er{Q
Witness my hand and official seal.
My commission expires:g-3-t1
0::3.,-r..twe.N.cetm.1 . q d -1e
475048 B-933 P-238 03/02/95 04:OOP PG 1 OF 2 REC DOC
M I LDRED ALSDORF GART I ELD COUNTY Y CLET K AND RECORDER 10.00
Ing •
ORDER NO; 94023479 C-2
A parcel of land situated in the Stl/4St1/4 Section 4, Tp. 4
South, Range 92 Neat of the Sixth Principal Meridian lying
Southerly of the Southerly line of County Road 11o. 236/
Westerly of the Westerly line of County Road No. 2311 Northerly
and Westerly of those parcels of land described on Document
Numbers 216256 and 212291 as recorded in the Clerk and Recorder
Office, Garfield County, Colorado; and Easterly of a fence as
constructed and in place more particularly described as follows'
Aeginninq at the section corner common to Sections 3, 4, 9 and
10, Township 6 South, Range 92 West of th<' Sixth Prinbipal
Meridian, said corner locate -i near the intersection of 1st
Street and Grand Avenue, to the town of Silt, Colorado/
thence N. 49 degrees 49'30" N. 44.75 feet to the True Point
of Beginning, said point bean7 on that line as described by
metes and bound on Document ND. 186210 and No. 177883/
thence leaving said line and alongside a fence as constructed
and in p1 ce N. 00 degree's 43'16" W. 999.12 feet to a point
on the southerly right of Cay line of County Road No. 236;
thence along said Southerly right of way 'Line 8. 89 degrees
30'24" E. 310.00 fct:t tc a point on the Westerly richt of way
line of County Road No. 231;
thence along paid Westerly right of way line S. 00
degrees 31.04" E. 746.00 feet to a point on the
N.,rti.zrly line of Document No. 216256;
thence along said Northerly line S. 89 degrees 23'00" W.
50.00 feet;
thence S. 00 degrees 49'00" F. 100.81 feet to a point on
the Nor_herly line of Document No. 212291;
thence along said Northerly line N. 89 degrees 22'00" W.
138.77 feet;
thence s. 00 degrees 37'10" E. 192.56 feet to that line as
described on Document No. 177883 and No. 186210;
thence along said line N. 59 degrees 07.00" W. 34.38 feet;
thence N. 74 dagreee 51'00" W. 92.54 feet to the True Point
of Beginning.
4CAZDttts A
PROP=RTY Dl:C/IIPT'20N
COUNTY OF GARFIELD
STATE OF COLORADO
475048 B-933 P-239 03/02/95 04:00P PG 2 OF 2
F°RAN°.
GWS -31
10/94
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
For Office Use only
1.
WELL PERMIT NUMBER /9/ 9 * 4
a
OWNER NAME(S) Pit ? / cm, cc, vi..c.
Mailing Address . ,,,X 3 0 i 4 �� /3
y
City, St. Zip Kit /� (d'/o
c !� 5-0
�
Phone (R16) 6,2s-- 0 '2,0_3
3.
WELL LOCATION AS DRILLED: ,S E 1/4 .S'1' 1/4, Sec. If Twp. G 5 Range V4) G 74
, .
DISTANCES FROM SEC. LINk S:
35-10 ft. from SD � f Sec. line. and /5-4 ft. from &FOS f Sec. line. OR
Tnor h or south) ("Pat or west)
SUBDIVISION: LOT BLOCK FILING(UNIT)
.
STREET ADDRESS AT WELL LOCATION:
4.
/,
GROUND SURFACE ELEVATION 6,570 D ft. DRILLING METHOD (lb)"f ?Sa r y
.
DATE COMPLETED N0 v / 1 (� 9L . TOTAL DEPTH i ft. DEPTH COMPLE 1 ED 1.' ft.
5. GEOLOGIC LOG:
Depth Description of Material (Type, Size, Color, Water Location)
6. HOLE DIAM. (in.) From (ft) To (ft)
? Q 5-..S.—
SS 7�
O- '2.5-- = %3rtaw� Saue'c/ c..../4“.t1p�y
AS" - 4/D -. Lav e r- Sgr,,c,(s fe,kt•c 6octleScr.S7.
PLAIN CASING
� a .- (a,
OD/(in) Kind�i' Wall Size From(ft) To(ft)/
/ -7--a / C.,^ ‘9,5-,..i k ! ctr v`
(Y G - TS- % " co-, ce Sp.,.... t t `&
1
(s / r J 1 e- ( , -25-- �/ 0 (- 1
(3oc,(cAcv-j, Jn44llcvt'7Y"441rLC
4t 5CtL4Lt•
PERF. CASING: Screen Slot Size:
6 `' S7Lct:/ c G /' 74
GeJa.lcr cuLcc,,,,.4 v` /- qo--2� '
-,?..0
8. FILTER PACK:
9. PACKER PLACEMENT:
Material J - v & (
Type
Size
Interval
Depth
10. GROUTING RECORD:
Material Amount Density Interval Placement
REMARKS: Gtr e Z( (-4-)as c- ) N (i 4 r-ef K
iQt
CKccSS f- 75'7Pw•
C.ci.,nf.,t b''S,,c(cs ?- J 30-b Dclrc'
Ce wt c 3 S Acf (- G - / (U'' ? ' p4 cd)
11.
DISINFECTION: Type /7 77--/ Amt. Used . ' DDJ'S ,
12
WELL TEST DATA: ri Check box if Test Data is submitted on Form No. GWS 39 Supplemental Well Test.
TESTING METHOD /4 't v< (2a ((4 v`Y
Static Level 3 L ' ft. Date/Time measured OC., f a �) (' ? % Production Rate 7 S 'f' gpm.
,
Pumping level .6 ` ft. Date/Time measured O o -F ,2i) (, ' Test length (hrs.) ? 4 rS
, , .
Remarks
13. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13) (a)
C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.]
CONTRACTOR % r r, (( .So r` c t,,S cc,.. Phone (?ia) `- S" SC.1 Lic. No. (Ca ?
.
Mailing Address ('7.0 (5 0 r 3 c . > Si /M`, CO (D ,c /G 3----
Name/Title (Please type or print)
Signature
Date
• •
McCune SB -3 5 9/9/96
This 6.34 acre tract is located northwest of the Town of Silt, west of First Street and south of
Harness Lane. The tract is relatively level and there is a small pond in the northcentral portion. The
Loubend coal facility is located near the center of the tract and there are a number of vehicles and
pieces of equipment on the property.
The tract is located in an area of transitioning land uses, with residential to the south and agricultural
to the north.
The applicant is proposing to subdivide, by exemption, the 6.34 acre tract into 2 parcels of 3 and 3.34
acres each. Staff would presume the parcels would be developed as single family homesites.
The subject tract was created by an earlier exemption by resolution 78-124 and it appears that no
further exemptions have been approved. Based on this analysis, this request complies with Section
8:52 (A) of the Subdivision Regulations. Incidentally, this petition was received prior to the
exemption regulations being modified.
The tract is within the A/R/RD zone district and both proposed parcels are in excess of the 2 acre
minimum lot size requirement. There is a floodplain issue associated with the tract, whereas, what
is known as the first street basin flows through the tract. It does appear; however, that if approved,
there would be sufficient area to construct dwellings outside of the 100 -year floodplain. Staff would
recommend a plat note address the floodplain issue. If the existing structure is to stay on the tract,
it would be required to meet the mandatory setbacks of the A/R/RD zone district and the lot lines
drawn accordingly.
The applicants are proposing a shared well that would supply water to the individual parcels. The
well has been drilled and pump -tested at a minimum of 14 gpm, which showed not drawdown during
the test. Apparently the well was permitted as a household use only well, which the applicants are
in the process of amending to reflect the shared intent of the well. To this end, the applicants have
been issued a west divide allotment contract and have made application to the division of water
resources. Staff recommends that final approval be subject to the division issuing the appropriate well
permit, the water supply being tested for nitrate/nitrite and fecal coliform content and a well sharing
declaration.
The method of waste water treatment would be individual sewage disposal systems and according
to the soil conservation service, soils are considered to have moderate to severe constraints to use
of ISDS and slight to severe constraints to building site development. Staff recommends a plat note
to address these limitations.
Both proposed lots have good access to First Street and staff contemplates no significant problems
with the access. Staff would recommend consultation with road and bridge and the issuance of
driveway permits, if required by road and bridge, prior to approval of an exemption plat.
• •
The burning mountains fire protection district has submitted a letter, indicating the tract is within its
response district and that it does provide fire protection. Staff recommends the inclusion of the
standard plat note to address wildfire mitigation.
All required easements must be shown on the exemption plat, the applicant would be required to pay
$200 in school impact fees prior to final approval and, upon adoption of road impact fees, the lots
created by this exemption would be required to pay the impact fee, paid at time of building permit
application.
Based on this analysis, staffrecommends approval of the application pursuant to the listed conditions.
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GARFIELD COUNTY SURVEYOR'S OFFICE
MARCH 6, 1997
GARFIELD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO.
81601
ATTN: MR. MARK BEAN, DIRECTOR
RE: COUNTY SURVEYOR REVIEW OF THE GEORGE MCCUNE SUBDIVISION EXEMPTION PLAT
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING:
1) IN LINE 15 OF THE PARCEL 1 DESCRIPTION THE BEARING OF S.00°31'04"E. IS LABELED
AS S.00°31'06"E. ON THE PLAT MAP.
2) PLAT NOTES AS PER THE COUNTY PLANNING DEPARTMENT NEED TO APPEAR ON THE PLAT PRIOR
TO COUNTY SURVEYOR APPROVAL.
3) THE SURVEYOR CERTIFICATE IS NOT AS REQUIRED BY THE COUNTY SUBDIVISION REGULATIONS
AND NEEDS TO BE CORRECTED ACCORDINGLY.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL .REE TO GIVE ME A CALL.
tSINCEREL
�
CC:
SCARROW AND WALKER, INC.
DON BAGENT, P.L.S.
818 COLORADO AVE.
GLENWOOD SPRINGS, CO.
81601
HAND DELIVERED
COUNTY FILES
7SAMUEL PH
AS GARFIELD COUNTY SURVEYOR
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 81601
(970) 945-1377, Ext. 2510
Samuel Phelps
Garfield County Surveyor
Private Office
214 E. Eighth Street , Ste. 210
Glenwood Springs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565