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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.21.1996• • BOCC 2/21/96 PROJECT INFORMATION ANI) STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Mangurian Partnership LOCATION; A tract of land located within Section 19, T5S, R92W of the 6th P.M.; located approximately 3.5 miles north of Rifle; immediately north of CR 251 (North Hasse Lane). SITE DATA: 81.7 Acres WATER: Shared well SEWER; Individual sewage disposal systems ACCESS: Direct access to CR 251; easements EXISTING ZONING: A/R/RD ADJACENT ZONING: AIR/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within District D - Rural Areas/Moderate Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map. IL DESCRIPTION OF THE PROPOSAL A. Site Description: This 81.7 acre tract is located approximately 3.5 miles north of Rifle, east of State Road 325 and north of County Road 251 (North Hasse Lane). The tract slopes gently to the south and currently appears to be an agricultural parcel. An irrigation ditch transects the center of the tract and Rifle Creek creates the western property line, more or less. See vicinity map, page° sr" B. Adjacent Land Uses: There are a number of different land uses adjacent to the property is question, including; agricultural, single family residential and a platted subdivision (Rifle Creek Estates). C. Proposal: The applicant proposes to divide, by exemption, the 81.7 acre tract into four (4) parcels. Three (3) of these parcels would be approximately 3.9 acres and the remaining parcel would consist of the remaining 70 acres. The three (3) smaller lots would be aligned in a linear fashion along CR 251 and the 70 acrearcel would be located directly north of the smaller lots. See sketch map, page 6 • • • III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a 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 Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of=way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" Deeds submitted with the application indicate the petitioner purchased the subject property, alon with other property in the vicinity, in November, 1971. See deeds, pages 7. , . It appears that sometime in 1992, the applicant divided the original parcel, known as 2127-193-00-033, into three (3) separate parcels. These three parcels (214, 215 and 216) are legally and physically separate; therefore, it appears that only one (1) exemption parcel may be created. See Assessor's information, pages 12 . B. Zoning: The subject property is located within the A/R/RD zone district, which mandates a minimum lot size of two (2) acres. All proposed lots are in excess of the minimum, lot size requirement. C. Water: The applicant intends to serve the proposed lots with ash ed, exempt, domestic well, for which an application is attached on pages /��% . It will be necessary to have the permit approved by the State Engineer's Office and to drill and pump test the well, prior to the authorization of an exemption plat. Sewer/Soils: The applicant intends to serve the parcels with individual sewage disposal systems as the method for waste water treatment. According to the Soil Conservation Service, soils on-site are predominantly of the Heldt clay classification with lesser amounts of Arvada loam. When used for building site development and placement of ISD systems, these soils have moderate to severe constraints due to high clay content and slow percolation. Staff recommends the inclusion of a plat note to address these limitations. D. E. Access' Access to all proposed lots would be via CR 251, an improved, dirt/gravel road that intersects with State Road 325. The three (3) smaller lots would have direct frontage along CR 251, and it appears the larger parcel would be accessed by an easement along the eastern portion of the property. From information supplied by Road and Bridge, it appears only the first 0.50 mile of this road is maintained by the County, which would encompass the area where the proposed lots would be created. F. Fire Protection: Included with the application is a letter from the Rifle Fire Protection District that states the subject property is within its emergency services district. In its letter, the District states it approves this exemption with three (3) recommendations: the installation of a dry fire hydrant at Rifle Creek; recognizing wildfire mitigation steps; and t P, e posting of addresses that can be readily seen from the road. See letter, page ' 1 . Staff does not know how feasible the installation of a dry hydrant at Rifle Creek would be, but does recognize this procedure as a proactive step in fire protection. Staff would further recommend a plat note address wildfire mitigation. G. Easements: Any required easements for drainage, utilities, access, irrigation ditches, etc., will be required to be shown on the exemption plat. 11 School Impact Fees. The applicant will be required to pay school impact fees of $200, for each lot created by this exemption. • • Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by this exemption will be subject to paying that fee; paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. 1. Comments Received: Staff has received a letter from an affected property owner, stating a number of reasons the petition should be denied. See letter, page.. ill • . IV. SUGGESTED FINDINGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL of the application for one (1) parcel, to be decided upon by the applicant, pursuant to the listed conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. 5. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "This exemption was approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply." "The shared well system approved for this exemption requires either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of 1 000 gallons per lot created and served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." The control of noxious weeds shall be the responsibility of the landowner. The applicant shall receive any necessary driveway permits, for each lot created, from the County Road and Bridge Department, prior to signing of an exemption plat. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) A well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 0 If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); i) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. • \kk\\•A‘ • ,,:,!y...,,,‘,,ti,)„, ,.,,./..;•._,•• . f _ :? ;I:i,,,,,i,I.,,,-,;„1 •)) -,.,--,a,;,..i' ::v"‘"4.114,•}J , • .:1(..iy.ff ( ,;-;fi , ,Prf':- :-----_-_.7 or; .7 -?.2;---/-'''(N•-" ' '---:„._7_ -,.,----,''.,z,' /R,...--,--- ! )) Il f! . , .1.;.:::' - i','(' 6' 32_,Kilie-..kk. 0.' • ;:..,,,N. ..'.7_,-----Vr----- • 3 '/' s. ----c.7,:::'____". -4-`- (4 :c..,)!-• \-,-----f---= -:-_---- --- .--. \ .‘----)---,-,=:::, ...,..,.•,,,,,,,,,_,„,,,,,,,--6800 --,.:,— „,,,.....,,:ks ., :c -f."((), \,`1---...-::\,',.. : • .--- -m I 'Ai, c,,,,rr r.: .•.:-: _,••,-,-,,, •.- 7,10,-. . ' ''-- 1,\', V 1.0.- ,, - .•;'...- .,-- —\\'k1'.'--, ',-,K--• 6,565,--' --' ,.. -'( ' . ',- • '''' -34 I ' \ ./' • ;' c, /,',.c.--'4 1, ' ))) 1/ '6Z3 /I? ' 9 ( (-,-, ,) ' " I . ' ---•\::-.."., r‘____\‘‘ . \ \\(•,, („? '344:-, -z 2 -,->, , • ,., % r. •-• - - - , / .5,00 — \ -..•'..,-1-', 7 .....„. •:.:,-. ... .. -.. ---..--- I( ,. N. ' '11 \ f -_'-') -'' '' \ ' / \ jr/-- '• •..___...-- \., ___•• _6000 9 Go.31 Mine •)'' ::;11.1kafe I ON, 5884 = 00, II I I ( • 55 .3 Ririe Creek \ Commurrityylith • 11 0 Flume Se° 35' '384 vicim int mi4 NO0'00 '1.5"t 5/2,33 5.12 12' NOVO() 1!"-L 5,11 91' .1! 1_60.91 MS' Ja zir(reti ,s,/3 RECOFJ)ED `7�' FEC �t T 6,J89 1 • O'CLOC M. JUL 8 1992 MILDRE_ ALSOORF, COUNTY CLERK QUIT CLAIM DEED BUCK 833 nui53 33 PIERCE MANGURIAN, for the consideration of Ten Dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to MANGURIAN PARTNERSHIP, whose address is P.O. Box 159, Paonia, CO 81428, the following real property in the County of Garfield, State of Colorado, to -wit: ARHt3D siliE 8 1992 Township 5 South, Range 92 West, 6th P.M. ato Doc, F 'm Section 18: SV2SW'/a (being Lot 4 and SE'/4SW'A), excepting only the surface estate in the northerly 50 feet thereof as described in that certain Gleed recorded in Book 39-4 at Page 364 of the Garfield County, Colorado, records; Section 19: S'/2S1/2NW'A (being S1/2 of Lot 2 and the S'/2SE'V+NW'A); NE'/4SW'A; East 30 acres of the SE'/,SW'/,; N'NW'A (being Lot 1 and the NE'ANW'/a); N' S'/zNW'/+ (being N' of Lot 2 and the N'/2SC'/ NW'/,); and a tract of land containing 5.87 acres, more or less, which is more specifically described as Parcel 3 in that certain deed to George Christensen recorded July 26, 1966, at Book 377, Page 547, of the Garfield County, Colorado, records; and that part of the N'/2W1/2W'/2SE'/,SW'A lying easterly of the centerline of Rifle Creek as described in that certain deed recorded October 2, 1975, in Book 479 at Page 469 of the Garfield County, Colorado, records; Township 5 South Range 93 West, 6th P.M. Section 24: NE 'A NE 1/4 Together with all ditch and water rights appurtenant to or used in connection with said land. Together with a non-exclusive easement for purposes of ingress and egress twenty (20) feet in width adjacent to and immediately West of the East line of the S'/2W'/2W'/2SE',4SW A of said Section 19. EXCEPT that tract of land and ditch and water rights conveyed to Ann Catherine Robinson by Executor's and Trustee's Deed dated January 1, 1971, and recorded January 28, 1971, at Book 416, Page 445, of the records of the Clerk and Recorder of Garfield County, Colorado. AND EXCEPT that tract of land situated in Lot 4 and the SE'ASW 'A of Section 19, Township 5 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northerly of the Northerly right of way line of County Road No. 251 and Easterly of the centerline of Rifle Creek, said parcel of land is more fully described as follows: BOOK 836 PrGE1J4 Beginning at the Southwest Corner of said Section 19; whence an iron pipe with a brass cap, being a reference monument for said comer bears: N. 00°10'00" W. 219.80 feet; thence, from said corner, N. 87°20'25" E. 1335.80 feet to the intersection point of said centerline creek and said right of way line, the TRUE POINT OF BEGINNING; thence, along said centerline creek, N. 36°10'00" E. 55.00 feet; thence N. 26°00'00" E. 60.00 feet; thence S. 83°40'00" E. 80.00 feet; thence No. 59°40'00" E. 35.00 feet; thence No. 02°30'00" E. 35.00 feet; thence N. 19°45'00" W. 130.00 feet; thence N. 15°08'40" E. 72.48 feet; thence No. 06°52'30" W. 151.00 feet; thence N. 26°15'00" E. 75.00 feet; thence N. 08°05'00" E. 115.00 feet; thence N. 47°05'00" E. 63.00 feet; thence N. 49°15'00" W. 87.00 feet; thence N. 23°45'00" W. 65.00 feet; thence, leaving said centerline creek, East 216.29 feet;: thence S. 00°11'42" E. 824.43 feet (Record S. 00°04'59" E. 825.00 feet) to a point on said right of way line; thence S. 89°57'39" W. along said right of way line 351.43 feet to a point in said centerline creek, the TRUE POINT OF BEGINNING, containing 3.97 acres, more or less. AND EXCEPT' that tract of land situated in the NE'/ of the NE'/ of Section 24, Township 5 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the NW corner of said NE'/ of the NE'/, which is marked by a Brass Cap on a steel pipe; thence N. 89°30'34" E. 325.00 feet along the Section line; thence S 67°46'34" W 351.07 feet to the West line of said NE'/ of the NE %; thence along said West line, North 130.00 feet to the point of beginning, containing .485 acre more or less. Signed this /i'"' day of F1r , 19 yam. a( Gid CZ Pierce Mangu ' n STATE OF COLORADO ) ss. COUNTY OF / LLfr, ) The foregoing quit claim deed was acknowledged before me this //'4- day of 11/ , 19`�J, by Pierce Mangurian. WITNESS my hand and official seal My commission expires:-/oc/y3 ?e>j9 Notary. Public: �.y 1,ccoi (Ica L •i Cikik. is . 11 1J, Iteeeptiult N )477 THIS DEED, Made this Twenty-fifth day of July intheyearofourfJordonednmsandninelamdred and sixty-six between CARL D. TUCKER, sometimes known as Carl Tucker, and KATHRYN M. TUCKER, sometimes known as Kathryn N. Tucker of>that thbluaxxtk Bedrock, Colorado, Stabwodketanracia,xof the first part, and of the Athax GEORGE CHRISTENSEN County of Pltkin Recorder. Page 54.7 RECORDER'S STA NI and State of Colorado, of the second part; WiTNESSETII, That the said part ies of the first part, for and in consideration of the sum of ----TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION )11111=}11S, to the said part i es of the first part in 1101111 paid by the said part y of the second part, the receipt whereof is hereby confessed 1111d tleklIONVI edged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, COIIVey and confirm unto the said part y of the second part, his heirs and assigns forever, all the following described lot ll land, situate, lying and being in the I! 1, State of Colorado, to -wit: ___-------- !, ---- 1 I. P------ 11 1 arcy4-1 No. ; SSWNWili- (also described as the SA- of Lot 2), thOEfiNWT, ,) 1 e S1S,1 1 i ll -----' NE-r-Slli-,- and Lite East 30 acres of the SEOWii- of Scc. 19, Tp. 5 S., R. 92 W. of .--,, 1 the•6th P.M., containing 101.34 acres, more or less; together with 1.25 cubic feet: of water per second of time under Priority No. 5, .306 of a cubic foot of 11 water per second of time under Priority No. 54, and .306 of a cubic foot of 1' water per second of time under Priority No. 80, all in the Rifle Creek Canon Ditch, and an undivided interest in said ditch sufficient to carry said water ii rights; and also any and all other ditch and water rights belonging to or used in connection with the above described land. 7 or parcel s of County of Garfield and Parcel No 2 W-SWNWI (also described as 1\1-- of Lot 2), NISEliNWt and 1\1L.SLSE,I;NWt a 1 of Sec. 19, Tp. 5 S., R 92 W. of the 6th P.M. , together with all ditch and water rights used upon or in connection with said land. 11 il ij il 11 !I ill i: Parcel No 3 A tract or parcel of land in the SE il- of the SUt of Sec 19, Tp. 5 S., R. 92 W., 6th P.H. beginning at a point on the South line of said Sec. 19,11. whence the SW corner of said Sec. 19 bears due West a distance of 1485 feet; !, thence dud North a distance of 126 feet to the thread of Rifle Creek; thence li along the .thread of Rifle Creek, N. 29°451 E., 22 feet; thence along the thread or Rifle Creek 1.1 25°/" W., 90 feet; thence along the thread of Rifle Creek il li 1 N. 5°45' E. , 154 feet; thence N. 2°45' W., 409 feet; thence along the thread of !: ii Rifle Creek N. 13°15' E., 182 feet; thence along the thread of Rifle Creek N. II 42°45' W., 25 feet; thence along the thread of Rifle Creek S. 83°30' W., 100 i: 1 ii fact; thence along .• the thread of Rifle Crcek S. 55000, W., 59 feet; thence along ' 11 the thread of Rifle Creek N. 49°45' W., 48 reel: to the West line of said SE of il the SWili- of Sec. 19; thence along said West line due North 149 feet to the thread 'll of Rifle Creek; thence along the thread of Rifle Creek N. 25°30' E., 175 feet II to the North line of said'SqSUL Sec. l°: thence along said North line, due i: East 260 feet; thence due South. 1320 feet to 11e South line of said Sec. 19; :1 :1 thence along said South line of See. 19 due hest 167 feet, more or less, to the ;1 .. point of beginning, together with all water rillts and ditch rights already II adjudicated and belonging to it: in just proportion. Excepting herefrom a right !. of way 30 foot in width for a County Road known es the Brosius lane along 11 SOutil edge of said tract as noted in prior conveyance. Exclusive of the afore- 11 4 mentioned right of way, said tract of land contains 5.87 acres, more or less, q herein conveyed. Title to Parcel No. 3 is not warranted. filParcel No. 4: Lot 4 and S*W.,1,- of Sec. 18; and Lot 1 and NEit-i-N4 of Sec. 19, . 1; Tp. 5 S., R. 92 W., 6111 P.M. (being also described as SSW 11 of Sec. 18 and the II No. 832. WARRANTY DEED.---nrudfokA -Robinson Pig. Go., Mira. Itabinson'3 Lealil !thinks, 1624-46 Stout St., Denver, Colorado II' _. .. SP. 490 OA !I !I 110 Book 377 Page 548 N NW of Sec. 19, said Tolanshi i and Range); ; and the NGNG� of Sec. •24 Tp.5 S. 11 ,,1 U - r 1 , II R. 93 W.,•6th P.M. Together with all of first parties' right, title, and water rights connected therewith i0, • interest in Clic Rifle Creek Canon Ditch and the out of Priorities 5, 54 and 80, it being understood to be three cu. ft. per second of time out of said ditch and priorities from Rifle Creek; and also any and all other ditch and water rights appurtenant to or used in connection with the above described land. The above land is subject to easements in place and being used or of record prior to July 21, 1965; and to reservations of mineral rights of record prior to July 21, 1965. Is '1'OGE'J'IILIt with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, nail the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right., title, interest., claim and demand whatsoever, of the said part ies of the first part either in law or equity, of, in and to the above bargained premises, Nvith the llereditauleuts and appurtenances. '1'0 HAVE ANI) '1'0 110LI) the said premises above bargained and described, Nrit.h the appurte- nances unto George Christensen the said party of the second part, 111s heirs and assigns forever. .And the said Carl D. 11.1cker, also known as Carl 'l'ucicer, and Kathryn 11. Tucker, also known as Kathryn N. 'fucker, part i es of the first part, for thein set ves , the1.rJleirs, executors 00(1 administrators, do covenant, grant, bargain and agree to and \vitt' the said party of the second part, his heirs and assigns, that at the time of the ensealiug and delivery of these presents they a re well 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, bargain, sell and convey the same in manner and form aforesaid, and that the sable are free and clear from all former and other !I grants, bargains, Sales, liens, taxes, assessments 11101 nrenrllbl'anees of whatever kind or nature soever, except the general taxes for the year 1967 which are assumed by the grantee., The grantors reserve possession until January 1, 196),_ The -property is subjec t to an oil and gas lease of record, Book 377 Page 549 and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his 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 DEPEND. IN AVl'1'NESS WHEREOF, The said part ies of the first part ha ve hereunto set hand s and seal s the day and year first above written. Signed, Sealed and Delivered iii Presence of Carp--). /. Tiicker, also known as Carl Tucker their (SEAL] [SEAL] Kathryn 14. Tucker, also known as Kathryn 11. Tucker [SEAL] STATUTORY ACKNOWLEDGMENT. SESSION 1027 STATE OP COLORADO, County of OARFX1:,L1)., }SS. The foregoing instrument was acknowledged before inc this 25th day of July 19 66 , lay' Carl 1)- Tucker, also known a:; Carl Tucker, and Kathryn M. Tucker, a1.so known as Kathryn N. Tucker. Witness my hand and official seal. I•,ly commission expires , fI/s April 25, 19)0. Notary Public. ;1-l,•.l.lcl::oii or 1101S011101S01111.1u:: ersahero let t 11,1111/1ur ruulr,; If by pei,oie Meting in repreaentativc or official capacity or as attorney- : :1•.,•_ Ifeneti of perron sea executer, attorney -in fact, or oilier c.epucily or JceeripLlon; If by officer of corporation, then lneert Jfficcrs, I:e the preuiJent or other ofliceru of ouch corporation, rulloing It. • J 111.:1_i, 'Y.1;! y1:1 11:1'111:: _. 11 1:1,11•1:1:J1':11.3 11 1J I `. IL1;111i 1 1111 I,I:I..y J:.\ I il''-111., ,'I ,1111 illi 1 1 I' ;IA: 0. I: 1. /1 'i I II,I:1.'ei 11 fl,l ll, I.,;; /it 11 111:; 111.11 I I; II ILVI II J.1; 1):1 j )'J �IIIII 1 i I T1 �_'CI1j1.1 [i1I ;1 1.. II I 11. :I 1:.11 1;111111 ( 1�. VJ:1 olljI Ill 1, ; >�I I;: I 1111 JY tl' t i IIll 5.1 ; 111.,1 r/1� I!11! 1,1 I ' - 11 ileY�,lllvl • (4 •;I i1 II ll i I f I I J4 ll I.:11-I 11 Ilr, '•11��J I t l 1 y • 11 1 1 J'll) :IJ Yo. I;f +IIIt1 111/111 ;I; IIi +,I 1111 I I Vd11;17 r%, , 7 ;11• `` 1 fi:-U 1 .1 II r fall: 2127-193-00-033 21043E PARCEL NUMBER ........, �.,:.. a i....,,.,,: 40 26C(-1') (021) 5-92 Sec. 18. Lot 4(40.25), SESW(38.55) except the N. 50' of Lot 4 & SESW cont. 2.90 Ac. 4 - Sec. 19. Lot 1(41.52), 2(17.47), E}NW (net 73), NESW, also a portion of SESW (net 33.50Ac) desc. as the E}SESW, E}WISESW, and the N}W}W}SESW lying Ely of C/L of Rifle Creek except a Tr. Desc. in 750/793. Total 284.29 Ac. i I , 1 0 I • GRANTEE BOOK PAGE DATE KIND OF INSTRUMENT REMARKS -Mangurian, Pierce - 424 ..5- U 471; 5..) t24/473; 416/445; l ` p 1 0! 377/547; 4r/Y�A!11 1 644/506 f r 2,1 1114 LA vii. 4 )1 l 0 r" i 0 J,' :-s 1 ()5 / ( _. _, I f�.<' r. r ,) �'�,�•--1.1 '..1 / ..I. `,� a -- i (- . / �// 1" / 27 ic si 0r, i t r -_ ,(ta-I - ,)/f . f17- • 93 Oo x• 36, ) fi.i / a v) 1-.'/A 1150 / 9 (4/ ? „ 5-/://60)' .)0(SE1 e5c, as -I-4 e o) i/t) N14),W \it) ETIA) (y y c -cs irf. 1°- )< PI at - • • 00-.215 Y� 0 y)1 5—q Sl ml yrc,i 5�1gqr�, S�i(n� - File No. 93022232 • No. ., 1VXRHA.^1TYpETU (For 1'hologruphk Kccord) Seg C0r1 r. J /)c 5c, / r1 6 To / e&./; 0, - (1 -Ar (0 1 III • !Q7 )T !,:t I -A )(.1 f .)-n -c,( s h ) '7c1)l111/' . ,,-- (.. .-;'. . c_, --) .-- ; r __„,/ 1::ii41 /1 ._ ( --- I I/ b il ,f / /I ,...1; ,_,) (I' /1 i I 1 1.01. j / ) oi XC. 1 1- -11 e. /1/ . , L0-/ 2) c 7-11 c. ? C- le 1 " T WRJ-5-Re, 75 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CO.ADO DIVISION OF WATER RESOU•OS 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado d0203 FOR PERMIT APPLICATION FORM (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL (X ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( IOTHER WATER COURT CASE NO. (1) APPLICANT - mailing address NAME Mangurian Partnership c7o John R. Schenk STREET 302.Eighth Street, Sine 310 CITY Glenwood Springs, CO 81601 (State) (Zip) TELEPHONE NO. (970) 945-2447 (2) LOCATION OF PROPOSED WELL County Garfield SE /a of the SW 'i/ Section 19 Twp. 5 S. Rrtg. 92 W 6th IN,SI (E.WI P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 _Rpm Average annual amount of ground water to be appropriated (acre-feet): 3 Number of acres to be irrigated: 1 Proposed total depth (feet): 150 Aquifer ground water is to be obtained from: Sand and gravel Owner's well designation PM Well 11 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ► LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER 191 DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Licensed Street City (State) Telephone Lic. No (Zip) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Basin Dist. CONDITIONS OF APPROVAL 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 riot 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. (:/// J' <// G/ /l '5 )6)/i APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY ID (STATE ENGINEER) 5 COUNTY 23 39 (5) THE LOCATION OF THE 411110SED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. -- f — } — a — —1— —i— I 14 1 MILE, 52130 FEET 1/1 Z_ J WEST SECTION NORTH SECTION LINE 1 x SOUTH SECTION 3N11 NOIL03S 1Sb'3 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 1 1- -1-- (6) THE 1111L MUST BE LOCATED BELOW by distances from section lines. 500 ft. from South sec. line (north or south) 2000 ft from West sec. line (east or west) LOT BLOCK FILING n SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Mangurian Partnership No. of acres 35.87 Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing 7 in from 0 ft to 30 ft 5 in from 25 ft to 130 ft Perforated casing 5 in from 130 ft to 150 ft in from ft. to t. WATER EQUIVALENTS TABLE (Rounded Figures) Ari acre - foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) .. 449 gallons per minute (gone) A tinnily of 5 will require approximately 1 acre-foot of water per year. 1 aae-foot . 43,560 cubic feet . . 325,900 gallons. 1,000 qpm pumped C011 1 rwously for one day produces 4.42 acre-feet (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owners) Nanguriau Partnership - Legal description: No. of acres: 35.87 SE1/4SW1/4 Section 19, T5S, R92W 6th P.M. See attached Exhibit "A". (11) DETAILED DESCRIPTION of the use of ground water: Household use, and domestic wells must indicate type of disposal system to he used. All domestic uses, including up to three (3) dwellings, one (1) acre irrigation and non-commercial livestock with state and county approved ISDS system, with septic and leach field. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right N/A Used for (purpose) Description of land ors which used (13) THE APPLICANT (S 'TA ( ) TH T THE INFORMATION SET FORTH HEREON IS TRUE TO THE BE.( O HI (NO L DGE. MANGURIAN PARTNERS Q � I (� I MIG B y . , -- � \\ ` v SIGNA TURF/IOF APPL ICANT(S) Jolthn R. Schenk as authorized agent and attorney in fact for Owner Date: ddrliHon..11 ~hock rtl I)c11)0I ;Ow 'S I etto 12/14/1995 13:20 FROM RIFLE FIRE PROI. DIST. • TO 945297 111 P.02 cRif le crire cPratection CDistrid Box1133 tti f le, Colorado • 81650 Schenk, Keret & deWinter, P.C. 302 Eighth Street, Suite 310 Glenwood Springs, Colorado 81601 Attention: John Schenk December 14, 1995 Re: Mangurian Partnership Subdivision Exemption Mr. Schenk. I have reviewed the proposed Mangurian Partnership Subdivision Exemption located on County Road 251 within the Rifle Fire Protection District. As per our telephone conversation, I understand that this would create three residential lots bordering the County Road, The Rifle Fire Protection District approves this exemption with the following recommendations: 1. A fire protection water supply should be developed along the County Road. I would recommend that a " dry hydrant " be installed where the County Road crosses Rifle Creek. Of course, I am not aware of who the property owners are for the Creek area but it would be in the best interest of all residences in the area to support this type of water supply. 2. As the new homes are constructed, Nationally recognized standards of Wild Land / Urban Interface should be followed. 3. As the new homes are constructed, addresses are to be posted at the entrance to the property in a manner that makes them readily identifiable to emergency response agencies. Thank you for your cooperation and feel free to contract me if I can be of further assistance or if you have any additional questions. Sincerely, Mike do - = n_ Fire Marshal Rifle Fire Protection District TOTAL P.02 pfvk,� • Gc'/ John Powers P. O. Box 726 Rifle, CO 81650 Tuesday, 6 February 1996 Garfield County Commissioners 109 8th Street Glenwood Springs, CO 81602 (.'O Iilf`r''.. L'.,.. re: Mangurian Partnership Subdivision Exemption Application Dear Sirs, As a neighboring land owner, I received a public notice regarding the petition of the Mangurian Partnership. Since I will be out of state when the hearing occurs, please accept this letter as my expression of opposition to the subdivision. This property has been agricultural and if subdivided, would be forever converted to residential use. The trend of converting agricultural property into residential is relentless and alarming, and is recognized by the Governor as a major problem plaguing Colorado. Considering the whole of society, the land in question is better suited for other purposes than residential and is therefore not a good candidate for conversion. We must exercise the foresight to preserve agricultural land in such cases as this. If not, again, at the end of this year, tens of thousands of more acres of prime farmland will be everlastingly lost from production and as habitat for wild creatures. We all recognize the problem confronting human society, and Garfield County in particular, of the loss of open space and agricultural land. Human population is growing exponentially on a finite planet. Each seemingly insignificant choice that individuals make to break tracts into smaller fragments paints us, and all other creatures, little by little, into a corner. The problem and its cause are clear. If we recognize the cause, we must inform and influence each of the choices that contribute to the whole of the problem. Otherwise we'll keep heading along the same path and end up at the destination none of us wants. If not here, where will we draw the line? 1 oppose this subdivision because it will contribute to fragmentation and loss of arable land, diminish the ability of future generations to provide. for themselves, and injure wildlife. If proceeds from the subdivision of this land were necessary to sustain the petitioners, there would at least be a debatable need. In this instance, need does not exist. While the ability to subdivide is enabled by state law and county regulation, this case highlights the conflict between the vision for the county embodied in its comprehensive plan and the unintended negative effects made possible by contradictory regulations. I urge the petitioners to withdraw this application. If petitioners are unwilling, then I urge the county commissioners not to grant approval, and to change regulations to conform to and to support the comprehensive plan. Sincerely, John Powers •- H.