HomeMy WebLinkAbout1.0 ApplicationBLf ORE 1HL LL:.,kD DI LC S]L LRS UF
111, RFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned
r^t,iF,t ,i ,,3� , respectfully petitioners the
EngBoard of County Commissioners of Garfield Courjty, Colorado, to exempt by resolu-
tion the division of r, acre tract of land into _tracts of
approximately 1:)"'2-:'__2.lj ac I-a�acres each, more or less, from the difinitions 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:
To be able to sell a portion to r --'_i,r
economy and lack of market for -a '
In support of this petition, the petitioner also submits the following:
A. Map drawn to scale showing proposed lot subdivision
and access.
B. Copy of deed
C. Vicinity map
D. Statement on source of domestic water
E. Statement on method of sewage disposal
F. 100 year floodplain information where
live stream crosses or adjoins said tract
G. Evidence of the soil types
H. Copy of Assessor's map showing the property
I. Practical description of property location —/
J Fee in the amount of $ �JQ. c //40
K. $200.00 fee for each new J(ot created
Submitted at Glenwood Springs, Colorado, this 1 day of
Dor? al,' a
Petitioner
05" 2;O aci.
s+c)
19
Mailing Address
Telephone Number
• •
EXEMPTION
NAME: 5 .
PURPOSE OF EXEMPTION: 19 JU.61.444777/i.441..,
ZONING: A/41L2)
QUAL I F I CAT ION FOR S . B. 35 44 06 et,i-W619fit•? -e-. op Sine 1 J
L 0 CATION 0 F SITE: ey Q,¢... ,V ) e7 Ca ID o» 1.
nk.ceiu en co . Ld . a 50
WATER:
fin ' �L .�+ G)�,'�, 0 -CJ W a2 �...
DIV. OF 1ATER RESOURCES RESPONSE:
SEWER:
„:5:442/1. A2' % 4V124/ ZG4te:14.
CHECK IST:
FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
V MAP showing proposed lots and access
V DEED
VICINITY MAP
100 yr floodplain info.
SOIL MAP
IF community water, letter of approval from governing body
COMMENTS:4'1()CIC"Cl(— I` � I
o1aY Count y
+q Pox 1f;3 13031 8755,2222
Wm SM. Colo. 81652
PARCEL "A":
A parcel of land being a portion of Lots 3 and 6 of the Peach Valley
Orchard Subdivision'as`platted and filed in the Garfield'County, Colorado
records situated in the SW4SE4 of Section 25, Township 5 South, Range 92
West of the Sixth Principal Meridian, Garfield County, Colorado, said
parcel of land is more fully described as follows:
Beginning at a point on the North-South Centerline of said Section 25,
whence the South Quarter Corner,of said Section 25 bears; S,.01°23'19"E._
415.47 feet; thence N.01°23'19"W. along said Centerline 901.27 feet
to the Northwest Corner of said SWcSEk; thence N.89°26'46"E. 437.00
feet along the North line of said SWzSE'; thence S.01°11'54"E. 900.63
feet; thence S.89°22'02"W. 434.00 feet to the point of beginning,
containing 9.01 acres, more or less.
SUBJECT to a 20 foot road right-of-way for County Road No. 250 and as
shown on the Peach Valley Orchard Plat, being 20 feet parallel and along
the Northerly line of the above described parcel of land, said right-of-
way contains 0.20 acres, more or less.
December 29, 1982
Job No. 281642
ENT
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•; 14111
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Addition 1/26/83 - Easements
SUBJECT to a 10 foot irrigation ditch easement being 5
feet on each side of the existing centerline of main
irrigation ditches as now constructed and in place.
ALSO subject to a 10 foot drainage, irrigation ditch,
access and utility easement along and parallel to the
boundary lines of the above described parcel of land
except along the West boundary line, whichis, subject.
to a 20 foot access and utility easement as per the
Peach Valley Orchard Subdivision Map.
•
(Vat Country
P. 0'. Box 163 1303) 876.2222
%'Holo Silt, 0010.131 6SE
PARCEL "B":'
A parcel of land being a portion of Lots 3, 4, 5 and 6 of the Peach
Valley Orchard Subdivision as platted and -filed in the Garfield County, •
Colorado records, situated in the SW4SE4 of Section'25, Township 5' South,
Range 92 West of the Sixth Principal Meridian, Garfield•County, Colorado,.
said parcel of, land is, more fully. described as follows:
Beginning at a point, whence the South Quarter Corner of said Section 25
bears: S.63°39'04"W. 957.43 feet; thence S.89°22'02"W. _ 434.08 feet;
thence N.01°11'54"W. 900.63 feet to a point on the North line of said
SW4SE4; thence N.89°26'46"E. 437.20 feet along said North line; thence
S.01°00'00"E. 900.00 feet to the point of beginning, containing 9.00 acres,
more or less.
SUBJECT to a 20 foot road right—of—way for County Road No. 250 and as
shown on the Peach Valley Orchard Plat, being 20 feet parallel and along
the Northerly line of the above described parcel of land, said right -of— '
way contains 0.20• acres, more or less.
December 31, 1982
Job No. 281642
Addition 1/26/83 — Easements
SUBJECT to a 10 foot irrigation ditch easement being
5 feet on each side of the existing centerline of
main irrigation ditches as now constructed and in
place.
ALSO subject to a 10 foot drainage, irrigation ditc',
access and utility easement along and parallel to t e
boundary lines of the above described parcel of land.
`°r o!aY Cott it '
P.C) Cox 163 1303) 876-2222
IN,14:n S. Gala. 1:116b
PARCEL "C":
A parcel of land being a portion of Lots 4 and 5. of the Peach Valley
Orchard Subdivision as platted and filed in the Garfield County, Colorado
records, situated in the SW4SE4 of Section 25, Township 5 South, Range 92
West of the Sixth Principal Meridian, Garfield County, Colorado, said
parcel of land is more fully described as follows:
bears: S.63°39'04"W. 957.43 South; Quarter'00"Wf sai15
900.00 feet
Be innin at a oint whence the Corner o
feet; thence N.Ol 00 00"
to a.point on the Northerly line of said SW4.SE4;..thence. N.89°26'46"E.
along said Northerly line, 490.00 feet to the Northeast Corner of said
SW4SE4; thence S.00°53'42"E. 935.08 feet along the Easterly line of
said SW4SE4; thence N.76°27'07"W. 229.98 feet; thence S.84°56'12"W.
266.33 feet to the point of beginning, containing 10.08 acres, more or
less.
SUBJECT to a 20 foot road right-of-way for County Road No. 250 and as
shown on the Peach Valley Orchard Plat, being 20 feet parallel and along
the Northerly line of the above described parcel of land, and that portion
of County Road No. 250 along the Easterly side of the above described
parcel of land lying Easterly of the Westerly right-of-way fence line of
said road as now constructed and in place, said right-of-way contains
0.76 acres, more or less.
December 31, 1982
Job No. 281642.
Addition 1/26/83 - Easements
SUBJECT to a 10 foot irrigation ditch easement being
5 feet on each side of the existing centerline.of mai
irrigation ditches as now constructed and in place.
ALSO subject to a 10 foot drainage, irrigation ditch,
access and utility easement along and parallel to the
boundary lines of the above described parcel of land.
ALSO together with a septic system easement consisting
of a pipe line and leach field commencing at a point
S.84°56'12"W. 7.0 feet from the South angle point of
'the' above described parcel of land; 'thence SOUTH 75
.feet, with the easement being 5 feet on each side of
said course, to a corral fence corner; thence S.11°00'W.
along said fence, 30 feet with the easement being 5 feet
on each side of said course; thence S.11°00"W. along
said fence, 40 feet with the easement being 5 feet
Easterly and 40 feet Westerly of said course.
&1af Country
P.O. Cox 163 (303) 376-2222
Main Silt, Coto. 61652
PARCEL "D":
A parcel of land being a portion of Lots 5 and 6 of the Peach Valley
Orchard Subdivision as platted and filed in the Garfield County, Colorado
records, situated,in the SW4SE4 of Section 25, Township 5 South, Range
92 West of the Sixth Principal Meridian, Garfield County, Colorado, said
parcel of land is•more fully described as follows:
Beginning at the South Quarter Corner of said Section 25; thence
N.01°23'19"W. 415.47 feet along the North-South Centerline of said
Section 25; thence N.89°22'02"E. 868.08 feet; thence N.84°56'12,"E.
266.33 feet; thence S.76°27'07"E. 229.98 feet to a point on the
Easterly line of said SW4SE4; thence S.00°53'42"E. along said Easterly
line,. 379..67 feet to the Southeast Corner of said SW4SE4; thence
S.89°22'02"W. along the Southerly line of said Section 25, 1352.85 feet
to the point of beginning, containing 12.94 acres, more or less.
SUBJECT to County Road No. 250 along the Easterly side of the above
described parcel of land, lying Easterly of the, Westerly right-of-way
fence line of said road as now constructed and in place, said right-of-way
contains 0.35 acres, more or less.
December 31, 1982
Job No. 281642
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Addition 1/26/83 - Easements
SUBJECT to a 10 foot irrigation ditch easement being
5 feet on each side of the existing centerline of main
irrigation ditches as now constructed and in place.
.ALSO subject .to a 10 foot drainage, irrigation ditcLl,
access and utility easement along and parallel to the
boundary lines of•the above described parcel of land,
except along the Wept boundary line, which is subject
to a 20 foot access and utility easement as per the
Peach Valley Orchard Subdivision map.
ALSO subject to a septic system easement consisting
of a pipe line and leach field commencing at a point
S.84°56'12"W. 7.0 feet from the East North East angle
point of the above described parcel of land; thence
SOUTH 75 feet, with the easement being 5 feet on each
side of said course, to a corral fence corner; thence
S.11°00'W. along said fence, 30 feet with the easement
being'5 feet on each side of said course; thence
S.11°00"W. along said fence, 40 feet with the easement
being 5 feet Easterly and 40. feet -Westerly of said course.
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A!1 of Sec. 36, 7151.57,R .921Y
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HNO/Y ,4L L MEN BY THESE ERZ-SE/YTS.' Thai THE /?&1 C/( 1/ALLEY
LAND AND O/i CH,4/r''D COMPANY, o corpa-07/A)/7 a i/y of-90./-2/zed 0/7a/
exis/i:79 ono%J- and by v/,-/ue of :he /ows of //7e Sfo 1e or Co%/ -ado, bei�9
/he oi.r7er of /he /owe/ her-einof/er- described, do e s - 6er1b /ay oz/7;
subdivide orad' c/c/ 0,5 siro.,vr7 or 14e {oreyoinq mad,/ C/0"/Vie fo/ om'i j oescri6Ed
proper/y, o -✓ii, :- 7,'7e SP✓�' o{SEJ and Sc- o/S.Y1,4 of -Sec. 2S, and five
/✓.1f£ of /1/.1;!±:'`'-17e , fl or/1.Z:--,-': cnd •:%ie 5E of N.E_ . o{ Sec. 36, alt in TS
•• S.., 1...9211/. of /he 64 PM., i;-7/he COUn y of Garf7•e/d S/o/e of Co/cao'o,
-"into blocks 05 shown orh /was iok >< ar'd 242).-- J<ho pct. -pose 0{ /0'e/7f/{c0/ion
/hove. C/'5/?na/ec/ /17-, some 5/ n,rO/J7ers / /o /2 0/7d /4 � 0 25, inc/sive,
":,neer•. ille Herne and s/y/e or -PEACH VALLEY ORCHARD, or/o the said
— eorporo/ion does hereby •rranr and dedco% fo ihhe Cour/fy of 6or•fie/d
for- /fie use o{/fie pu /c, /hepei-�fcio/r•/yhf o{r'cy over; f4r-ough or7d
•. ocross /he roods as s/7oWr7 or/ said /0/a/
:, • • • 1/1 11// TAIL Y//-.'E/i F0,; 7 -1 -/Z -PEACH ;ALLEY LAND AND (WC—HARD -
_ CO' J .9 -1 / J , [/ C. :.,, -/r3
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c7 r-i.i v rv• S.- O/•.. , La..J - ,.,.5cd 24A4 -3`5 .o ?ro'C/? �S ,-20 .r
execu/ed y i/s /oresila/701 its corpora/e sea/ lo be c21
d
by ifs secretory, /4J/s Z 0 day o{ Jarvuor- , A. D., /909.
The Peach 1 c Ay / nd and Orc6orz1 Cu,
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in /11, so/e oYc,-e 7/a, 6,e -toy cer/iy/ia/A.L Lv>ri•s 0,7-", r:
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Recorded at ' �/ o'clock r M
Reception No 2t =897
SEPA071
Recorder. [;LiC`7..R. FACE 4 i.
THIS DEED, Made this 25th
19 74, between HUGO R. KRUGER and
M. EVELYN KRUGER
(Husband and Wife)
day of September
of the County of Garfield and State of
RECORDER'S STAMP
STATE CuuuH«iY,nt( FEF
:..)LP 2 5 1974
Colorado, of the first part, and
DONALD E. MAGRUDER and
LOUISE S. MAGRUDER
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said partieS of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration m,
to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Garfield and State of Colorado, to wit:
SW4SE4 of Section 25, Township 5 South, Range 92 West, 6th P.M.,
containing 40 acres, more or less.
Together with any and all ditch and water rights belonging to,
used upon or in connection with said property, including 622
acre feet of Silt Project Water and 25 shares of stock in the
Farmers Irrigation Company and the water represented thereby.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part =es of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second Dart, their heirs and assigns forever. And the said part 1e S of the first part, for them—
selves , /tn ieilrs, executors, and administrators do covenant, grant, bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents they arewell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bar-
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever.,
except 1974 general property taxes, patent reservations, prior
mineral reservations, easements and rights of way of a public or
private nature;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. their
IN WITNESS WHEREOF the said part ies of the first part ha ve hereunto set / hands and
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
11. ).-.[SEAL]
Hugo R. Kruger — Husbaihd
.1 a.=1—.�
STATE OF COLORADO,
County of Garfield
} 58.
%• y'd"'•" [SEAL]
"Evelyn ruge — WI :" e
[SEAL)
,,,,,,„,,...
,The,forjgoing.instrument was acknowledged before me this 25th
day of September
04;y0...#-1lV4R. KRUGER & M. EVELYN KRUGER (Husband and Wife) .
:.J : My.CdinAiission xpires
i; � P fi 3 L ‘G
(cult z •L
, 19 17 Witness my ha • d 7d official seal.
7L
Notary Pablfa.
No. 921. WARRANTY DEED—To Joint Tenants"—Bradford Publishing Co., 1324-4 5 Stout Street, Denver, Colorado- --3-74
•If by natural person or persons here insert name and names ; if by person acting in representative or official capacity or as
attorney-in-fact, then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer or cor-
nf:.ratton. then insert name of such officer or officers as the resident or other officers of such cor oration, naming- i-:--Statutrri
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Map Unit No. 30C
SOIL CHARACTERISTICS
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
DEGREE & KIND OF•LIMITATIONS
,- (0 is Slight, M is Moderate, S
Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavations
•
: More than 60 inches •
Loam
Sandy clay loam to clay loam
Gravelly sandy clay loam, gravelly sandy loa
CL -ML, CFY, SM -SC, SC, GM, GM -GC
Moderate
0
6.6-7.3
Low
Low
None
B
Moderate
Low
is Severe)
M Peres slowly
M Small stones, seepage, slope
Dwellings w/basements
w/0 basements
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
V.:•i1
0
. 0
. S Cutbanks cave, small stones
0
0
0
. Fair, small stones
Fair, low strength
Unsuited
Poor, excess fines
Fair, small stones
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
slap Unit No. 30D
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater that 3 inches)
Salinity (ECx10 @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoated)
Concrete
DEGREE & KIND,OF'LIMITATIONS
, (0 is Slight, M is Moderate, S is
Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavations
Dwellings w/basements
w/0 basements
•
•
•
•
•
•
•
More than 60 inches
Loam
Sandy clay loam to clay loam
Gravelly sandy clay loam, gravelly sandy loa
CL -ML, C1,, SM -SC, SC, GM, GM -GC
Moderate
0
6.6-7.3
Low
Low
None
B'
Moderate
Low
Severe)
M Slope, Perc slowly
: S Slope
0
M Slope
S -M Cutbanks cave, small stones
•
•
•
•
M Slope
M Slope
Local Roads & Streets : M Slope
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
.f
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
Fair, small stones
Pair, low strength
Unsuited
Poor, excess fines
Fair, small stones
z-t4e47-c_
Wi-e---b ;WS 0 ,iZi 4/4E1
AC -re47 i z e1 --ete-ee77-t 44_
fiZel-et— 41,7z -''..,,,,.. ,47 2C-1,)
ePe,1,1- a- 4A€4. : 05-5- 2 C'e% Pg.
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/, Jig," iciazt 4e(51 - aor, aMe-pr 4). cig5-9
.der -ea %r -440-k. dL4td --(
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RICHARD D. LAMM
Governor
•
•
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
January 26, 1983
Cynthia Houben
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
JERIS A. DANIELSON
State Engineer
Re: Magruder Exemption
Dear Ms. Houben:
'e61 z emir
In response to your request, we are reviewing additional information
concerning the proposed Magruder Exemption. This proposal would redefine
boundaries on four lots in the old Peach Valley Orchard Subdivision. Four
lots; A, B, C, and D would be created. Lot C has an existing well (No. 38803)
and there are no other wells on the property. In question, is the avail-
ability of wells for the three other lots.
Wells on lots created prior to 1972 are generally available pursuant
to CRS 1973, 37-92-602(3)(b)(2). These wells are limited to in-house use
only. The redefinition of boundaries on this property will not have a
negative impact on the availability of household use only wells. Such
permits are generally made available to lot purchasers. The subdivider
who will not be construcing the well, is not generally issued such per-
mits since statute indicates these permits are to be issued to the person
who will be putting it to his own use. We do not guarantee the availabili-
ty of this type of permit, however, we would not anticipate a problem under
current statutes.
We hope this adequately addresses your questions.
HDS/KCK:pkr
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Rich Bell
Donald Magruder
Sincerely,
Hal D. Simpson, P.E.
Assistant State Engineer
RICHARD D. LAMM
Governor
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OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
November 18, 1982
Ms. Cindy Houben
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: McGruder Exemption
Dear Ms. Houben:
JERIS A. DANIELSON
State Engineer
We have received the above referenced exemption proposal to allow 40 acres
to be split into three tracts. Individual wells are indicated to be the source
of water although no specific information is provided. From the information
provided, we are unable to establish how many additional wells will be required.
We believe that two domestic wells numbered 7368 and 38803 which were issued in
1960 and 1969, respectively, may already be located on this property.
Since we are unable to comment on the adequacy of the water supply from the
information provided, we must ask that this proposal be held in abeyance until
such time as we have reviewed and commented on a water supply plan.
We ask that the following information be included in water supply plans
for exemption proposals submitted for our review:
1. A plat and legal description of the affected property. Has
this property been involved in a previous exemption since
1972?
2. Well permit number or numbers for existing and permitted wells
when available. Names of previous owners, date each wells were
constructed, depth, etc., if permit number or numbers are not
available.
3. Existing use of water supply on the property as it now exists.
This should include information on the number and location of
dwellings supplied, area of irrigated lawn and garden, water
use for livestock, etc.
4. Proposed water supply. How will existing wells be used in the
proposed property split. If additional wells are proposed, is
it proposed that an individual well be available for each lot
Ms. Cindy Houben
November 18, 1982
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Page 2
or do the applicants intend to share the well? What aquifer does
the applicant intend to use? We suggest applicants contact a
local well driller to find out to what depth wells in their area
are being constructed and what the estimated cost of these wells
may be.
5. Water requirements for each of the proposed lots. Will more than
one dwelling be allowed? Proposed area of lawn and garden for
each lot. Will horses or livestock be allowed?
This is a minimal information requirement for simple exemptions. Some of
this information was already submitted with this proposal and does not have to
be resubmitted. A few complicated exemption proposals may require a full water
supply plan prepared by a professional engineer or geologist in accordance
with the requirements for subdivision water supply plans. Water supply plans
for exemptions do not need to be long and complicated, most of the information
can be relayed in a simple narrative.
Your cooperation in handling these referrals will be greatly appreciated.
Please let me know if you have any questions.
HDS/KCK:ma
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Rich Bell
Sincerely,
•
a D. Simpson, P.E.
Assistant State Engineer
