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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.17.2002• .444 0, ,i e) 46/441; j L7 "1;M, A�,' T / • PROJECT INFORMATION AND STAFF COMMENTS BOCC 6/17/02 STAFF: Fred Jarman, Planner REQUEST: 1) Exemption from the rules of subdivision; and 2) Amended Plat for an Exception Lot. APPLICANT: John and Nila Parrington PROPERTY LOCATION: 0145 County Road 225, west of Silt, Colorado. A tract of land in Lots 5 and 6, Section 6, Township 6 South, Range 92 West of the 6th P.M. SITE DATA: 41.91 +/- Acres WATER: New, non-exempt, wells with a West Divide Water Allotment Contract. SEWER: ISDS ACCESS: CR210 and CR225 EXISTING/ADJACENT ZONING: A/R/RD STAFF RECOMMENDATION: Approval with conditions. I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site is located in Study Area 2 just outside of the 2 -mile sphere of influence for Silt and Rifle and is defined as "outlying residential." The density suggested for this area is one unit per two acres. II. DESCRIPTION OF THE PROPOSAL A. Site Description and Development Proposal At present, the subject property or "parent lot" is located west of Silt, Colorado and is bordered by CR110 and CR225. The property contains 41.9 acres. In 1995, the Board of County Commissioners awarded the first subdivision exemption splitting the property into two lots: Lot 1 having 41.9 acres and Lot 2 having 2.008 acres. The property remains eligible for a subdivision exemption to create two additional lots for a total of four lots. As such, the Applicant requests subdivision exemption approval to further subdivide the remaining parent • • lot of 41.9 acres to create two additional lots for a total of four lots created via the subdivision exemption process. This action, if approved, will render the subject property ineligible for any additional or future subdivision exemptions. In addition, the Applicant requests a boundary line adjustment approval concurrently with this subdivision exemption in order to expand the boundary of the neighboring "exception lot" shown as "Lot 3" on the proposed plat and to slightly expand Lot 2 of the Parrington Subdivision Exemption from 2.008 acres to 2.554 acres. The land use code treats this action through an Amended Plat process pursuant to Section 6:00 of the Garfield County Subdivision Regulations. The Applicant is not proposing any additional dwelling units as a result of this amended plat request; this request will only slightly expand the property boundaries of two existing lots that currently contain single-family dwellings. No additional units or buildable lots are proposed as a result of this adjustment. B. Applicability Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. Section 6:10 of the Garfield County Subdivision Regulations requires the Board of County Commissioners to consider an amended plat request for a property that does not have an approved Preliminary Plan at a scheduled Board meeting. [It should be noted, since the Applicant is proposing to submit a new Final Plat for the subdivision exemption request, the request to amend the existing plat may be combined together before the Board of county Commissioners and approved as one new Final Plat.] III. REFERRALS The application was referred to the following review agencies for comments: A. City of Rifle: No comment provided. B. Rifle Fire Protection District: (See letter dated 11/23/01 and attached as Exhibit A.) The Applicant submitted a fire protection plan to the Rifle Fire Protection District which has been approved by the District Chief Mike Morgan on 1/10/02. C. Garfield County Road and Bridge Department: (See letter dated 5/28/02 and attached as Exhibit B.) The applicant should only need two driveway permits. The will need to contact the Road and Bridge Department for the permits which Staff has included as a condition of approval. D. Garfield County Vegetation: (See email dated June 4, 2002 and attached as Exhibit C.) 2 • • Garfield County Vegetation requests the Applicant inventory the property for any noxious weeds and provide a map and management plan for any weeds that are found. Weeds that may be in the area include Russian Olive, Whitetop, and Russian Knapweed. Staff has included this as a condition of approval. E. Garfield County Sheriff Department: No comment provided. IV. MAJOR ISSUES AND CONCERNS FOR SUBDIVISION EXEMPTION A. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total offour (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; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." The Applicant has provided proof of ownership in the form of a recorded Warranty Deed (book 856, page 886) which concludes the parcel was larger than 35 acres on January 1, 1973. As a result, the property is eligible for this subdivision exemption. As a matter of record and stated above, the property received a subdivision exemption from the Board of County Commissioners in 1995 resulting in two parcels: a 41.9 acre parcel (Parcel 1) and the 2.008 acre parcel (Parcel 2). Staff has provided the approved Final Plat of the Parrington Subdivision Exemption as Exhibit D, which memorialized this action. This present request is to further subdivide the remaining 41.9 acre parent parcel into three (3) rural residential lots. The newly created lots are shown in the matrix below. Please note, the total acreage shown below as the result of the three newly created lots does not equal 41.9 acres because the Applicant is also slightly enlarging the existing Lot 2 and "exception" lot. (Please compare the 1995 exemption plat submitted as an Exhibit with the proposed exemption plat for further clarification. Newly Created Lots Acres Lot 1A 10.688 Lot 1B 10.375 Lot 1C 15.968 Total 36.761 acres 3 • • Based on the information provided, the property appears to qualify for the three (3) lots requested. This action results in the creation of a total of 4 lots on the property. If the request is approved, no more subdivision exemption lots would be permitted under Garfield County regulations. B. Comprehensive Plan: The proposal does not appear to be inconsistent with the Garfield County Comprehensive Plan. C. Zoning Regulations: As a result of the first subdivision exemption awarded to the Applicant in 1995, a single-family dwelling unit and a variety of outbuildings currently occupy each of the two lots of record created by the first subdivision exemption: Lot 1 and Lot 2. In the event this present request for subdivision exemption is approved, the properties must be re -deeded into Lot 1A having 10.688 acres, Lot 1B having 10.375 acres, Lot 1C having 15.968 acres, Lot 2 having 2.554 acres, and Lot 3 (the Exception Lot) having 2.324 acres. This is to be accomplished prior to the time of signing of the exemption plat by the Board of County Commissioners. The newly created lots conform to the underlying zoning minimum lot area requirements of 2 acres. D. Legal and Physical Access: Section 8:52 C states: "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"; The subject property is bordered by CR225 to the east and CR110 to the north. Currently, Lots 1 and 2 maintain driveway access from CR225. The Applicant has not represented on the draft Final Plat the exact location for proposed driveway access, however; the newly created lots (Lots 1B and 1A) have individual frontage along CR225 and CRI10 respectively. Garfield County Road and Bridge Department has reviewed the application and required the Applicant to obtain driveway permits to access those newly created lots. E. Water: Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot"; At present, the parent lot, Lot 1, contains an existing well that produces at least 5 gallons per minute and serves as the domestic water supply for the single-family residence on the lot. The application states that each of the newly created lots (Lot 1B and Lot 1 A) will receive water supply from new, non-exempt wells that are served by a West Divide Water Allotment Contract. The Applicant has been approved to lease water from the West Divide Water Conservancy District for both of the new lots to be created. Proof of this legal water supply was submitted in the application in the form of two approved "Applications to Lease Water from West Divide 4 • • Water Conservancy District" with the associated signed water allotment contracts in the application. Further proof of these approvals is contained in a letter from West Divide Water Conservancy District to the Applicant, dated March 28, 2002 which is also included in the application materials submitted to the Planning Department. The letter does indicate that the applicant "may require the applicant to obtain well permits from the State's Engineering Office." The Applicant may also apply for a well permit from the Colorado Division of Water Resources. The Applicant is requesting that the water well on the parent parcel (Lot 1) be exempted from the standard testing requirements because the well has long served and continues to serve as the domestic water supply for the residence on the parent parcel (Lot 1). F. Sewer: Individual Sewage Disposal Systems (ISDS) currently serves the existing buildings. The Applicant proposes that each of the newly created Lots 1B and Lot 1 A will also have individual ISDS. The Applicant will be required to obtain septic permits from the Building and Planning Department as part of the building permit process. G. Geotechnical: The application contains a Soils Survey for Rifle, Colorado compiled by the U.S. Department of Agriculture which indicates soils found on the subject property include Olney loam soils with 1-6 percent slopes which is typical to the general area. H. Drainage: It appears that only one intermittent stream is in close proximity to the western most property line. The application does not address drainage issues. The existing buildings do not appear to lie within any major drainage. Any new buildings should avoid areas of natural drainage. Natural drainages should be preserved to the maximum extent possible. I. Fire Protection: The site is located within the service boundaries of the Rifle Fire Protection District and fire suppression and emergency services are provided by the Rifle Fire Protection District. The Garfield County Comprehensive Plan indicates the site is located in a "low hazard" wildfire area. The area does not have access to municipal water mains or fire hydrants and vegetation in the area consists of irrigated cropland and pasture. The Applicant supplied a Fire Protection Plan to the Rifle Fire Protection District which is included in the application. The plan notes that during the irrigation season, ditches on or adjacent to the property will, at times, be able to provide fire flow volumes. The plan also indicates that all parcels will have driveway access from county roads capable of all weather use by district fire fighting and emergency vehicles with adequate turnaround areas. In addition, the application indicates the Exemption Plat shall include plat notes requiring compliance with NFPA 299, Standard for Protection of Life and Property from Wildfire recommendations. However, the draft Final Plat does not include this note. Staff has included this as a condition of approval in the Resolution. As long as the applicant adheres to the recommendations of the Rifle Fire Protection District, and includes appropriate plat notes and covenants, staff does not have any fire protection concerns with the application. 5 • J. School Impact Fees: Prior to the approval of the Final Plat, the applicant will be required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot according to the calculations / regulations in effect at the time of submission for approval of the Final Plat (approximately $400.00, subject to change). V. REVIEW CRITERIA FOR SUBDIVISION EXEMPTION The Board of County Commissioners shall not approve an amended plat unless the applicant has satisfied the following criteria which are written in bold italics followed by a response by Staff: A. All Garfield County zoning requirements will be met; The primary zoning requirement regarding boundary line adjustments is minimum lot size. The Applicant is proposing to slightly adjust the boundary lines on Lot 2 and the Exception Lot. The subject lots are located in the A/R/RD zone district which requires a minimum lot size of 2 acres. Both adjustments will not lower the total lot size below 2 acres. Staff fords this criterion to be met. B. 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; Both lots currently have legal access to CR225. This boundary adjustment will not affect this legal access. The Applicant does not require any easements for the purpose of the boundary adjustment. Staff finds this criterion to be met. C. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; Both properties for which boundary adjustments are requested are already served by existing legal and adequate source of water produced by a well on the parent lot: Lot 1. Both properties currently maintain Individual Sewage Disposal Systems (ISDS). This proposed boundary adjustment / amended plat request will not result in the creation of any new lots. Staff finds this criterion to be met. D. All state and local environmental health and safety requirements have been met or are in the process of being met; Both properties for which boundary adjustments are requested are already served by existing legal and adequate source of water produced by a well on the parent lot: Lot 1. Both properties currently maintain Individual Sewage Disposal Systems (ISDS). This proposed boundary adjustment / amended plat request will not result in the creation of any new lots. Staff finds this criterion to be met. E. Provision has been made for any required road or storm drainage improvements; 6 • • The boundary line adjustment will have no effect on the existing road system serving the two properties subject to the boundary line adjustment and no improvements are necessary. Staff finds this criterion to be met. F. Fire protection has been approved by the appropriate fire district; Both properties are currently located in and served by the Rifle Fire Protection District. The boundary adjustments to Lot 2 and the exception lot are so minimal as no not need any additional plan for fire protection. Staff finds this criterion to be met. G. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and The owners of each of the lots for which boundary lines are to be adjusted have not indicated any need for draining, irrigation, or utility easements as a result of the proposed boundary line adjustments. Staff finds this criterion to be met. H. School fees, taxes and special assessments have been paid The Applicant shall be required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot as part of the subdivision exemption process according to the calculations / regulations in effect at the time of submission for approval of the Final Plat (approximately $400.00, subject to change). Staff fnds this criterion to be met. VI. STAFF RECOMMENDED FINDINGS 1. 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 has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption and 6:00, Amended Plat. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE this application for a subdivision exemption and amended plat with the following conditions: 1. The Applicant shall contact the Garfield County Road and Bridge Department to obtain two 7 • • driveway permits for access to the newly created lots. The Applicant shall present evidence of the obtained permits to the Garfield County Building and Planning Department prior to the submission of the Final Plat. 2. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 3. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities; 4. That the applicant shall have 120 days (until 10/17/02) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 5. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 6. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 7. The access roadway to the parcels shall be maintained adequately to accommodate the weights and turning radiuses of emergency apparatus to permit access during adverse weather conditions. 8. Foundations and Individual Sewage Disposal Systems of all new dwellings shall be engineered by a Professional Registered Engineer within the State of Colorado. 9. The Applicant shall submit a Final Plat that correctly delineates the existing Grand River Ditch Easement across Lots 1A, 1B, and 1C as well as the correct book and page number regarding its proper recordation. The Plat shall correctly indicate the lot sizes in acres. The Final Plat shall show the expanded "exception lot" and include its size in acres as well as the correct book and page number regarding its proper recordation. The Applicant shall clarify the proper acreage of Lot 2 and delete the "Lot 3" designation currently represented on the "exception lot." 10. That the following plat notes shall appear on the Final Plat: a) No further divisions by exemption from the rules of Subdivision will be allowed. b) All recommendations made by the Rifle Fire Protection District shall be followed. In addition, compliance shall be required for the NFPA 299, Standard for Protection of Life and Property from Wildfire recommendations. 8 • • c) No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d) All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. e) Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. f) Any new buildings shall avoid areas of natural drainage. Natural drainages shall be preserved to the maximum extent possible. g) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non - negligent agricultural operations. h) All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 11. 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; 12. Prior to the signing of a plat, all physical water supplies shall demonstrate the following points. These points shall not apply to the existing well on proposed Lot I C (which is the parent lot): a. That a four (4) hour pump test be performed on the well to be used; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 9 • • d. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 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; f. If the well is to be shared, a legal, well sharing declaration 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 these costs; g. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. 13. That the existing plat notes on the 1995 Parrington Final Subdivision Exemption Plat shall be included on this Final Exemption Plat. However, these specific plat notes shall not apply to the expanded portion of the Exception Lot (Book 579 and Page 842). These plat notes are: 1) All new construction shall be consistent with Colorado State Forest Service wildfire protection guidelines specified in pamphlet "Wildfire Protection in Wildland Urban Interface" (CSFS #143-691), and 2) control of noxious weeds is the responsibility of the property owner. VIII. EXHIBITS Exhibit A: Fire Protection Plan Exhibit B: Garfield County Road and Bridge Department Comments Exhibit C: Garfield County Vegetation Department Comments Exhibit D: Subdivision Exemption Final Plat approved in 1995 (evidence of the first exemption from subdivision) Exhibit E: State of Colorado Office of the Engineer Exhibit F: Letter to the Garfield County Building and Planning Department from William P. and LaVonne M. Snyder dated 6/10/02 IX. EXHIBIT LIST SUBMITTED AT THE MEETING Exhibit N: Letter to Garfield County from Dennis Chambers dated June 5, 2002 Exhibit 0: Letter to John and Nila Parrington from West Divide Water Conservancy District date March 28, 2002. Exhibit P: Letter to the Board of County Commissioners from John Savage dated June 17, 2002 Exhibit Q: Letter to Board of County Commissioners from Alvin G. and Linda S. Hansen dated June 17, 2002. 10 EXHIBITS FOR PARRINGTON SUBDIVISION EXEMPTION Exhibit A: Proof of Certified Mailing Receipts and Publication Exhibit B: Garfield County Zoning Regulations Exhibit C: Garfield County Comprehensive Plan of 2000 Exhibit D: Garfield Cotinty Subdivision Regulations Exhibit E: Staff Report (w/ attachments) Exhibit F: Application Materials Exhibit G: Letter from John Savage to the Rifle Fire Protection District dated 11/23/01 Referral Comments from Garfield County Road and Bridge Department dated 5/23/02 Email from Garfield County Vegetation Department to Kim Schliegal dated 6/4/02 Subdivision Exemption Final Plat approved in 1995 (evidence of the first exemption from subdivision) Letter from the State of Colorado Office of the Engineer dated 5/17/02 Letter to the Garfield -County Building and Planning Department from William P. and LaVonne M. Snyder dated 6/10/02 Letter to the Board of County Commissioners from Zane and Sally Carter Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibits submitted at the meeting dated June 17, 2002: Exhibit N: Exhibit 0: Exhibit P: Exhibit Q: Letter to Garfield County from Dennis Chambers dated June 5, 2002 Letter to John and Nila Parrington from West Divide Water Conservancy District date March 28, 2002. Letter to the Board of County Commissioners from John Savage dated June 17, 2002 Letter to Board of County Commissioners from Alvin G. and Linda S. Hansen dated June 17, 2002. • JOHN W. SAVAGE, P.C. Attorney at Law November 23, 2001 Rifle Fire Protection District 1850 Railroad Ave. Rifle, CO 81650 • E 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 email: SavageJW@rof.net Re: Parrington #2 Subdivision Exemption Application Dear Sirs: JAN 1 4 2002 The Parringtons are applying to the Garfield County Commissioners for a subdivision exemption to allow subdivision of a 42 acre parcel located at 0145 CR 225 to be split into three lots of 10, 10, and 20 acres which will include the existing residence on the property and eventually two additional residences. The two new parcels are being created so that the Parringtons' son and daughter can build homes. The fire protection plan is as follows: 1. The parcels are located within the service boundaries of the Rifle Fire Protection District and fire suppression and emergency services are provided by the Rifle Fire Protection District; 2. All parcels will have access driveways to the county road system capable of all weather use by district fire fighting and emergency vehicles and with adequate turnaround areas where needed; 3. The area has no municipal water mains or fire hydrants; 4. During the irrigation season, ditches on or adjacent to the property will, at times, be able to provide fire flow volumes. 5. Vegetation in the area consists of irrigated cropland and pasture. 6. The Exemption Plat will include a Plat Note requiring compliance with NFPA 299, Standard for Protection of Life and Property from Wildfire recommendations. Attached is a vicinity map. Garfield County Subdivision regulations require that the applicant submit a letter from .the appropriate fire district approving the applicants' fire protection plan. C:\CLIENTS\Parrington\SubExemptionllUtr 011123 RFPD re exemption.doc • Letter, John Savage to Rifle Fire Protection District 11/23/2001; Page 2 of 2 • • Please sign and return the enclosed copy of this letter indicating your approval, or provide whatever response you normally submit in these matters. Please advise if you need additional information, or require any changes in the fire plan. Thank you for your assistance in this matter, please give me a call if you have any questions. truly yours, a-ryz W. av:ge Enclosure Fire plan approved, as set forth above. Date: /—/C- o 2' Rifle Fire Protection District • • • GARFIELD COUNTY Building & Planning Department Review Agency Form E Date Sent: May 13, 2002 Comments Due: May 29, 2002 Garfield County requests your comment in review of this proje'cct. Please notify Kim Schlagel in the event you are unable to respond by 05/29/02. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Kim Schlagel 109 8`h Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-5004 Phone:970-945-8212 E-mail: kschlagel@garfield-county.com General comments: TO 3Jdd MIME (INV GV0ei LZ98GZ9 Revised 3/30/06 tt:00 ZI32V8Z/S0 • • Randy Russell Page 1 of 1 C xl,;L • L, From: Kim Schlagel Sent: Wednesday, June 05, 2002 10:45 AM To: Randy Russell Subject: FW: comments on Farrington exemption FRED Original Message From: Santhonyl029@aol.com [mailto:Santhony1029@aol.com] Sent: Tuesday, June 04, 2002 8:06 PM To: Kim Schlagel Subject: comments on Farrington exemption My only request would be to have the applicant inventory the property for any county noxious weeds and provide a map and management plan for any weeds that are found. Weeds that may be in the area are Russian olive, whitetop, and Russian knapweed. thanks Steve Anthony 6/6/2002 $ x ,r x • 8 0) 1 NOY 55 vo-t- • +- • ,tt #(11) STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.waterstate.co.us May 17, 2002 Kim Schlagel Garfield County Building and Planning 109 8th St Ste 301 Glenwood Springs CO 81601 Re: Parrinqton Exemption #2 SW% Sec. 6, T6S, R92W, 6TH PM W. Division 5, W. District 39 OF COL O Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Ms. Schlagel: Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors, this office is no longer providing comments on land use actions that do not involve the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral is for a subdivision exemption, and does not appear to qualify as a "subdivision". If you have any questions in this matter, please contact me at this office. Sincer,l John' Redding Water Resource Engineer) JWR/Parrington Exemption #2.doc cc: Alan Martellaro, Division Engineer James Lemon, Water Commissioner, District 39 • Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, Co. 81601 • EAIb: L William P. and LaVonne M. Snyder 217 County Road 225 Rifle, Co. 81650 June 10, 2002 In answer to the Public Notice of the John Parrington Subdivision Exemption application find the following concerns that should also need to be addressed with urgency before approving or rejecting the subdivision. There was not enough space allowed to fill out one the Garfield County code enforcement violation form. As their property status stands right now, we need to witness and also in writing to see for ourselves and other adjacent property owners that are afraid to speak up or object for the reasons of repercussions from the Parringtons that they, the Parringtons are willing and able to demonstrate that they must be accountable for their actions and to accept the fact that as property owners adjacent to them that our rights are being violated on a daily basis and ignored and are unwilling to come together and to resolve issues no matter how large or small. They have absolutely no respect for their neighbors in this area and have also been known no matter where they resided in this state the same attitude from them has been demonstrated and people were more than happy to see this group move on. There is no quality of life here in this area for it has become apparent over the time they have resided here that everything belongs to them even though it is on other landowners properties. There is no respect for county or state law being observed here by the persons applying for this subdivision. 1. No permits can be found where a fourth household has been legally added to a 3 household well, which we own 1/3 of existing well. 2. Garfield County Assessors office does not show on file that an apartment and Vet Clinic operating out of Agricultural barn and only that taxes were paid just on an agricultural barn. 3. No found records that the Parringtons are licensed with the state and the county that they possess commercial licenses to operate many business functions on their property. Is this property zoned commercial and when and how. 4. The planning board should not assume that there is available, ample and potable drinking water to the two proposed households just by taking the applications that were applied for through West Divide Water Conservancy Board, for as in talking to that agency, it does not show that applications for well permits have been made to the State Division of Water resources for 2 wells, with one of those applying for commercial also for up to 30 horses. These people are already operating off of the existing well which legally states 3 households, which like I said #4 is not on record and also to include that as many as 40 horses and other livestock have been using this well leaving household #3, • • which is us without household water or irrigation water. From May 2001- March 2002 we had to call these individuals to even get a drink of water for they were taking all of it. A illegal restrictor was found in our water line, which we have in our possession and was lied to that , "Well it was only temporary", which should of never been there. Being good neighbors we did not want to take it to our attorney . We have since then been forced to drill a well on our property at a large expense to us that we could not afford, but we are registered with the state on the 1/3 of Parrington well that no-one can take away from us. We are using this well and have all legal rights to do so. If pressure goes down on this well, we will call in the proper authorities to lock our valve so as it will never be tampered with as in the past. No where does it indicate that the existing Ag building/ questionable apartment/ Vet Clinic, etc. will be taken off of existing water line and to be hooked on with one or both alleged wells to be drilled. To the best of anyone's knowledge there has been no test holes or monitor holes drilled which would be in the best interest of all concerned to include the applicants prior to approval. There are many infractions that happen here that are swept under the rug and when they are approached, it causes a problem for they are or will not be accountable for their actions. 5. Concerns of vicious animals which are running at large to include on our property where we have been attacked multiple times and are unable to use the lower part of our property without having to carry some type of implement in order to save our own lives and or to keep from getting bite. Bill Snyder was attacked on May 12, 2002 on the Parringtons property while paying for our use of the well. The fang of dog penetrated his leg, did break the skin and bruised deeply, which we have pictures of. That dog disappeared so as to destroy evidence just in case that a test for rabies would of tested positive. A short time later a new dog showed up. 6. Property fence lines that we share on West and South. We have put money and a large amount of labor into this fence line in order to even be able to stand out on our back deck/ yard without being attacked there for many attacks have taken place anywhere on our property. It is a joint fence line and the Parringtons have not contributed any labor or materials to these fences. When repairing the fence, we also repaired the electric line that was hooked to a fencer at the time in order to keep the horses off the fence. After we repaired the fence they took the fencer off and now the horses keep breaking the fence down, which causes us more time and money to repair for we do not want their horses, cows, llama or dogs on our property. In the year of 2001 their horses, etc. were over here daily causing damage and leaving behind their gifts. When I called just recently that we wanted a horse off the fence, the reply was, "That's our property and the horses are staying right there", yes, and our property is on the other side of the fence. There are 3 or 4 totally barren horse runs directly west of our home. Our side is green so guess where the horses are going to go? There is no reasoning with these individuals. Because of the barren runs immediately west of us, when there is a very strong wind and all of the dirt and horsecrap end up covering our house and property, which causes us to have to keep windows and doors shut. They have done nothing to control this situation. With over 40 acres, do these runs have to be right at our back door? These are not permanent corrals, just white line for separation of runs. As we stated from the first, all of us in the general vicinity have all gotten together and we all get along, but the Parringtons refuse to speak • • or to get along with anyone and go to the extent to intimidate persons just to upset them or anger them. There is no demonstration that they ever intent to be good neighbors. In the very beginning May 2001 and also in the fall of 2001, John Parrington was so happy that we were such good neighbors and indicated that we shouldn't have to put up with or look at their mess and was going to install a solid wood fence on the west and south on property line dividing our two properties. 7. We must also keep up repair of fence for we have acquired 2 miniature donkeys and have them in various pens on our property. They have huge shires and their necks and heads lean clear across the fence and as a result both of our donkeys have been bitten by the very large out of control stallion of which should be confined to an area where as other animals and or persons will not get injured or killed. When as witness the little donkeys are so scared for their lives that they in turn bust through the interior stall fences we have to separate their stalls which causes us more work again. 8. On irrigation water, when we purchased this property we also have water rights. The year of 2001 was a large problem to get our water for it has to cross the land that is here in front of this board to subdivide. As directed by John Parrington in 2001, that a dividing box should be installed so that we could go get our water on this 24 hour a day 7 day ditch at anytime we wanted to. We installed that box ourselves this year. We have had our water come through it one time this year for three days and was told that she was going to turn water off and did so. We have documented everything on all of these issues and especially with the water this year. The only water that we have had thus far is flooding waste water that we have no warning is coming and have tried to irrigate with that. On May 10 we leased some water to go with the small amount that we already owned. To this date we have not been allowed to use it for now they locked out the headgate and no one was given a key to headgate or reason for the lockout. The ditch company officials and to also include the ditch attorney told us to go demand a key and that we can go get our water anytime we want and we are the only persons that can turn it in or turn it out. We are getting ready to do so, but by no communications it will just end up in words and then have to contact our attorney to settle these issues. We still to this day have kept a good attitude and just have only one desire and that is to be good neighbors as they said we were and to include all the rest of the neighbors or anyone who has seen the time and effort we have spent to keep this place going. 9. In essence, as you can see there are a number of issues here that need to be addressed and taken care of prior to granting this subdivision. We are not against the subdivision by no means. We want people to have a home and land and not to deprived of their happiness and quality of life as we have been and continue to be until these issues are resolved. 10. We know of everyone's complaints and can only hope they will find it within themselves to overcome the fear they possess for we cannot speak for them unless asked to do so. 11. We are asking for a meeting of all property owners at this time to put these and all issues on the table and to resolve them in an adult manner and to move on and enjoy the beauty that this could be if all would cooperate with others and to share and be good neighbors. • • Thank you for your time and consideration into this matter. Sincerely, (///11z,,,i/e) William P. and LaVonne M. Snyder • • PUBLIC NOTICE TAKE NOTICE that John Parrington has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request Subdivision Exemption approval, pursuant to Section 8:00 of the Garfield County Subdivision Regulations of 1984, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See attached Practical Description: 0145 County Road 225 The Subdivision Exemption application proposes to subdivide a 41.910 acre parcel into three lots; two lots will be approx. 10 acres, the other lot will be approx. 20 acres. All persons affected by the proposed Exemption application are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the proposed exemption. The application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public meeting on the application has been scheduled for the 17th day of June, 2002, at 10:00 a.m, in the County Commissioners Chambers, Garfield County Courthouse, Suite, 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • EXHIBIT "A" A tract of land in Lots 5 and 6, Section 6, Township 6 South, Range 92 west of the 6th P.M. being a portion of that tract described in Book 856 at Page 883 in the office of the Garfield County Clerk and Recorder and being'more particularly described as follows: Beginning at the South Quarter Corner of said Section 6; thence along the South line of said Section 6 South 89°11'10" West 1588.37 feet to the west line of said Lot 6; thence along said west line North 0°23'41" West 136.36 feet; thence North 52°16'00" East 313.20 feet; thence North 24°54'00" East 251.00 feet;.thence North 13°29'00" Fast 328.60 feet; thence South 74°29'00" East 234.60 feet; thence North 1°25'00" West 219.20 feet; thence North 41°46'00" Fast 454.00 feet; thence North 3°55'00" East 512.97 feet to the southerly erloufbtle he Cactus Valley Irrigation Ditch; thence along East 89n South 82°29'11" East 118.33 feet; thence South 62°20!58" feet; thence South 66°01'28" East 54.70 feet; thence South 86°47!,5J." East 70.39 feet; thence North 86°49'27" East 71.90 feet; thence North 87°49'24" East 192.31 feet to the North and South centerline of said Section 6; thence along said centerline South 0°38'24" East 1787.52 feet; to the POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED TRACT: A) A parcel of land described in Book 579 at Page 842 situated in Lot 6, Section 6, Township 6 South, Range 92 West of the 6th P.M., lying westerly of the westerly right-of-way of County Road No. 225, and Northerly, Easterly and Southerly of a fence constructed and in place, said parcel of land is described as follows: Beginning at a point on the westerly right-of-way of said County road whence a rock corner found in place and properly marked for the West Quarter Corner of said Section 6 bears North 42°31'46" West 2299.76 feet (field North 42°27'57" West 2291.04 feet); thence SSouth 00°18'13" West 225.02 feet along said County Road right-of-way (- nce; thence North 89°49'15" West 194.83 feet along said Southerly fence; thence North 00°35'53" West 220.94 feet along said Westerly fence; thence North 88°59'49" East 198.36 feet along said Northerly fence to a point on said County road right-of-way fence the POINT OF BEGINNING B) A parcel of land situated in Lot 6, Section 6, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at the Southwest Corner of that Parcel described in Book 579 at Page 842 in the office of the Garfield County Clerk and Recorder Whence the West Quarter Corner of said Section 6 bears North 35°12'20" West 2343.02 feet thence along the south boundaryof aid Parcel South 89°49'15" East 194,83 feet to the Nesterlyt.�ight°2f'aY of County Road 225; thence along said right-of-way East 443.00 feet; thence North 89°49'36" West 200.00 feet; thence North 00°14'38" East 443.00 feet to the POINT OF BEGINNING. 0 111 r'o' STATE OF COLORADO GWS -11 07/03 OFFICE OF THE STAT- ,INEER 018 Centennial 131dg., 1313 Sherman Sl, Deriver, Colorado 00203 (303) 866-3581 PRIOR TO COMPLETING FORM, SEE INSl11UC11ONS ON REVERSE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK 05 EHiOSION CONTROL DAM NEW OWNER NAME(S) .. b�.I.1 L AQ>1.... F.AU.I,.....SNYDER. ..AND ..LAV.ONNE.. N.....,SN.YDE.R Mailing Address 217 COUNTY ROAD 225 ty, Si. RIFLE CO 81650 Zip Phone ( 3. 5. THIS CHANGE IS FOR ONE OF THE FOLLOWING: x WELL PERMIT NUMBER 166607 1/3 INTEREST ONLY LIVESTOCK WATER TANK NUMBER EROSION CONTROL DAM NUMBER WELL LOCATION: COUNTY GARFIELD (Address) • For Office USO only 613 irw „\r CraAt dVI�IY 1 / r o3t'Z3 OWNER'S WELL DESIGNATION 3E 1/4 or nrez5Vr 1/4, Sec. �� Twp./... �j Distances I/o Subdivision Section Lines •%5 Ft. from II N. or N. or Lot x (city) S., Range S. Line, c� <5 C - LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY 1/4, Sec. Twp, N. or Block II E. or (Stale) W. f'. M. Ft. from LXl E. or I-1 W. Filing (Unit), S., Range The above listed owner(s) say(s) that he (they) OWr1 the structure described herein. The existing record is being amended for the following reason(s): IX Ch n e in n n of owner. 7./l giNTERS� ONLY Change in mailing address, E. or l I W. P.M Il I (we) have read the statements made herein, know the contents thereof, and state that they are true to lily (our) 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 r lisdemeanor.j Correction of locrui, , Name/Trlle (Please type or print) WILLIAMi PAUL SNYDER LAVONNE M. SNYDER Slate Engineer By Court Case No. Co.J S at FOR OFFICE US ONLY %/ WD Basin ,- CCEPT•E'D AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. 5-49-o( Date MD Use No. OFFICE OF THE STA]NGINEER 522.5 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St,, Denver, Colorado 80203 (303) 866-3581 APPLICANT DUANE SCOTT 6051 CO RD 311 NEW CASTLE CO 81647 ( 303) 876-2417 PERMfT TO USE AN EXISTING WELL • LIC WELL PERMIT NUMBER 166607 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 6 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 150 Ft. from South Section Linu 2800 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDfTIONS 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 and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners. of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) for the use of an existing unregistered well, and as the only well on a tract of land of 41 acres described as that portion of the SW 1/4 of Sec. 6, Twp. 6 South, Rng, 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A". 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the wa:, n:: of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system cif tl`ie non -evaporative type where the water is returned to the same stream system in which the well is Iocated. T/7 TF C 23-.Zi7q— 06.00� DIVISION COPY i. - APPROVED JD2 State Engineer Receipt No. 0343923 K7,(;)- t(1 - By DATE ISSUED OCT 0 5 1992 EXPIRATION DATE OCT 0 5 LOT 1 41.910 ACRES x x • x Y CRS, 1 f'ItrV/ r Y 1586.37' x x x x EXHIBIT A A PARCEL OF LAND SITUATED IN LOT 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 579 AT PAGE 842 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER WHENCE THE WEST QUARTER CORNER OF SAID SECTION 6 BEARS NORTH 35 DEGREES 12'20" WEST 2343.02 FEET; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL SOUTH 89 DEGREES 49'15" EAST 194.83 FEET TO THE WESTERLY RIGHT OF WAY OF COUNTY ROAD 225; THENCE ALONG SAID RIGHT OF WAY SOUTH 00 DEGREES 25'29" EAST 443.00 FEET; THENCE NORTH 89 DEGREES 49'36" WEST 200.00 FEET; THENCE NORTH 00 DEGREES 14'38" EAST 443.00 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS LOT 2 PARRINGTON SUBDIVISION EXEMPTION THE PLAT OF WHICH WAS RECORDED DECEMBER 7, 1995 AS RECEPTION NO. 486143 COUNTY OF GARFIELD STATE OF COLORADO 4.1/J.0/Lill! u; rt -t. a H I) O. taa4 • Zane R. and Sally Carter 30239 Hwy. 5 Rifle, Co. 81650 J �iiN , I'kUN'i 1N Ci June 12, 2002 To The Board of Garfield' County Commissioners: We apologize for not being able to attend this meeting in person, we had made plans to be out of town on this date last January. Therefore, we are sending this letter regarding the Farrington subdivision request. There are two problems that exist, and we think this is a good time to address them. The main problem is with the irrigation, and I think that all of us on the headgate will agree a problem exists. (This includes Parringtons, Snyders, Spychalas, Chambers, and Carters).. Part .of .the_ ditch is open (exposed), which is inefficient and. wasteful. Perhaps a resolution would be -to bury a pipe, but another consideration is the number of people on the headgate. Not too many years ago the headgate supplied two places: 1) Scott (which is now Par inaton / Snyder / Spychala), and 2) Chambers (which is now Chambers / Carter). There will be another division, if the subdivision takes place; with Parringtons 40 acres becoming one 20 acre parcel, and two 10 acre parcels. 1 know Parringtons do not plan on changing things a lot, but no one can predict what will happen in the future with the parcels. And how many splits can one headgate handle? Perhaps another solution would be to add a new headgate. Parringtons parcels and spychala on one system, with Chambers, Snyders, and Carters on the other. I am open to suggestions and am willing to do what I can to help resolve this problem. Another problem that is not in dispute, but this may be the time to fix it; is the property line between Farrington and Carter_ Due to an old road that is now abandoned, the surveys show Parringtons south property line and Carters north property line do not match the current fenceline. I would be willing to rectify this problem at this time. . 1 would like to keep the lines of communication open among all the neighbors, so we can work out an agreeable solution for everyone. Respect _11v subrni tted , &J -(%11.g Zane R. Carter cc. Parringtons Chambers Spychalas Snyders 4001 • • JOHN W. SAVAGE, P.C. Attorney at Law June 17, 2002 Garfield Count Board of County Commissioners 109 8th St. Ste. 300 Glenwood Springs, CO 81601 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 email: SavageJW©rof.net Re: Parrington Exemption II Dear Commissioners: Applicants are in receipt of the Staff Report for the BOCC meeting on 6/17/02 and accept the recommendations of staff with the following exceptions and requests for clarification: 2. Weed Inventory: Is this to be self -generated by Applicant, or does it have to be prepared by an outside consultant? 3. The Sketch Plan that shows an expansion of Lot 2 is in error, due to inclusion of the county road right of way. No change to Lot 2 from the original Parrington Exemption is requested, therefore an Amended Plat should not be required. 8. No Road Sharing Agreement should be required as each lot will have a separate access to a county road. 10. We don't understand this "re -deeding" requirement, or in fact how it can legally be done prior to approval of the Final Plat by the Commissioners. 11. The Owner of the Exception Lot has requested that the Commissioners agree that the plat notes on the original Parrington Plat not apply to the additional acre being conveyed to him by Boundary Line Adjustment. If this is not agreed to, the Exception Lot would be in the confusing situation of having plat notes that apply to a portion of the lot and not to the major portion. The only plat notes included on the 1995 Plat were: I) Compliance with CSFS Wildfire Guidelines; and #2 Control of noxious weeds. Applicant's have met with the Hansen's attorney and will work a resolution of the west boundary dispute. This resolution may result in some adjustment of the westerly boundary of the property and acreages of the proposed lots. These changes are not expected to be substantial. Sincerely, John W. Savage xc: John and Nita Parrington C:\CLIENTS\Parrington\SubExemptionll\Itr 020617 to BOCC re staff report.doc • • E-x01,L.+ ALVIN G. and LINDA S. HANSEN 3290 County Road 210 Rifle, CO 81650 June 17, 2002 Board of County Commissioners Garfield County Garfield County Courthouse Glenwood Springs, CO 81601 Re: Petition for Exemption John K. Parrington and Nila I. Parrington Gentlemen: The undersigned are the owners of the property directly west of the Parringtons. Subsequent to our purchase of the adjoining property in 1994, we discovered that the fenceline between our properties was not on the correct property line and indeed had been in its present location for 40+ years. We are now in receipt of the petition of the Parringtons for approval to split their present property into three parcels plus a boundary Zine adjustment with the Millers. Inasmuch as we would prefer to reach an amicable legal resolution to this long-standing boundary problem and do not specifically desire to oppose the Parringtons petition, we would respectfully request that the exemption be approved only with the condition that the boundary issue be resolved prior to final approval. Sincerely, Al in .. sen a S. Hansen Kf''t n No. 31/4417 MILDRED ALSDORF, RLWRDER WARRANTY DEED 5'� uni�X � J r J P4F842 JAMES S. EILERS and MARY ELLEN EILERS q�,90 whose address is 0313 County Road 225, City of Rifle County of4.....06 Garfield, State of Colorado, for tne consideration of $93,000.00 in nand paid, hereby sell and convey to ROGER FRED LA ROCdELLE and DELIA ANN DJFFiN, as tenants in common whose address is of Baas 1742, Rifle, Colorado 81650 City ;or Town) , County of Garfield State of Colorado, the following described real property. in the County of Garfield, State of Colorado, to -wit: A parcel of land situated in Lot 6, Section 6, Townsnip 6 South, Range 92 Nest of the 6th P.M., lying Westerly of tne viesterly right-of-way fence of County Road No. 225, and Nortnerly. Easterly, and Southerly of a fence constructed and in place, said parcel of land is described as follows: Beginning at a point on tne Westerly right-of-way fence of said County Road whence a rock corner found in place and properly ,narked for the West Quarter Corner of said Section 6 bears: North 42°31'46" viest 2290.76 feet; thence South U0°18'13" Nest 225.02 feet along said County Road right-of-way fence; thence Nortn 39°49'15" Test 194.83 feet along said Soutnerly fence; tnence .north 00°35'53" West 220.94 feet along said Westerly fence; tnence Aortn 98°59'49" East 198.36 feet along said :dortnerly fence to a point on said County Road right-of-way fence; the point of beginning. Together witn the following ditcn and water rights: The water rignts representej by one-fourtn share of Grand River Ditch Company and all the grantors' right to the well permit. represente3 oy State Engineer's no. 97323, title to which is not warranted witn all its appurtenances and warrant title to the same, subject to 1.941 property tars and assesments, easements, rights of way, restrictive covenants of record, reservations contained within the Jnitej Stated Patent and reservation of previous oil and gas leases recorded April 13, 1981, Book 569, Page 590, Reception No. 314882 an] recocded October 3, .1967, Hook 388, Page 220. Signed chis y day of S,41( , 1981. ames s. Filers oitit ry tall len EL era �: aft ur ._ COLJI2ADO •=lie �'ir8u-�' � F GARFtELD ) 'Yl�:••;;LQiregoi g instrument was acknowledged before jji� t +laXt , 1981 by James S. Eilers rel en Filers. j 4I'T. r:33 AY BAND ANO OFFICIAL SEAL. My commission .expires: 1 (t., • Notary )(b1 is r‘-.411171e° �e° al b • • Kim Schlagel From: Santhony1029@aol.com Sent: Tuesday, June 04, 2002 8:06 PM To: Kim Schlagel Subject: comments on Parrington exemption Page 1 of 1 My only request would be to have the applicant inventory the property for any county noxious weeds and provide a map and management plan for any weeds that are found. Weeds that may be in the area are Russian olive, whitetop, and Russian knapweed. thanks Steve Anthony 6/7/2002 05/28/2002 00:44 6258627 0010vi Praciatni ROAD AND BRIDGE PAGE 01 :s;uau utoa ivi20:30 woo unoa-pial@Iavi' [ Z 1 Z8 -5b6 OL6 :m011c1 b005-t8£-OL6:X 10918 OD t211114 poomuoIO 10£ S `Pa% tp8 601 ia$S tuD1 740gluooffe4S Sotuuotid 7t Sumppn►S AtfOD Pia `J paxe; JO `paipnu- Volum aci Amu sluatutuoo %Inuj • &Immo= sv swags ptuo tppe unto moi( gnus IC= nolt 10 `asuodsai ,atop( JoJ poS xi Amu awl sigi, 7Q/6Z50 £q Dina aiq un am norc JUMP 0q0 ux is as um! 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