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HomeMy WebLinkAbout5.0 Boundary IssuesALVIN G. and LINDA S. HANSEN 3290 County Road 210 Rifle, CO 81650 September 25, 2002 Board of County Commissioners Garfield County Garfield County Courthouse Glenwood Springs, CO 81601 Attn: Building and Planning Department Re: Petition for Subdivision Exemption John K. Parrington and Nila I. Parrington We attended the meeting of the Board of County Commissions on June 17, 2002, concerning the subdivision exemption application of our neighbors, John and Nila Parrington. The exemption was approved, with conditions, including that "a// testimony of the applicant and the attorney be conditions of approval." It was represented that the discrepancy between the boundary line shown on the proposed exemption plant and the fences which exist between us and the Parringtons would be resolved by cross conveyance of a new boundary line for the west boundary of the Parrington property. This is to notify you that this condition has not been met and we have been advised that the Parringtons do not intend to pursue resolution of this issue. We object to the granting of the exemption without satisfaction of this condition. Sincerely, 447-,„(7' Alvin G. Hansen CC: Mr. and Mrs. John Parrington Mr. Thomas W. Stuver .til Lin.. S. Hansen • • ALVIN G. and LINDA S. HANSEN 3290 County Road 210 Rifle, CO 81650 June 30, 2003 Board of County Commissioners Garfield County 108 8th Street Glenwood Springs, CO 81601 Attn: Mr. Fred Jarman Building and Planning Department Re: Petition for Subdivision Exemption John K. Parrington and Nila I. Parrington We have been advised that the above matter has been set for the Commissioners agenda on July 7, 2003 at 1:15 P.M. This letter is intended as our continued objection to final approval of this application for the following reason: At the meeting on June 17, 2002, the application was approved, with conditions, including that "all testimony of the applicant and their attorney be conditions of approval." At the preliminary hearing it was represented that the discrepancy between the actual boundary line shown on the proposed exemption plat and the actual fences which exist between ourselves and the Parringtons would be resolved by cross conveyance of a new boundary line for the west boundary of the Parrington property. It was our understanding that discrepancies also exist on the southern boundary between the Parringtons and the Chambers and Carters parcels. We supported their request for the exemption only with the provision that they work with us to correct the problem. We have contacted several people (including neighbors, relatives of/and previous owners) who have knowledge of the existing fence line dating back as much as 40-50 years ago, including one previous owner who noted that the fence was in place when he purchased the Parrington property in 1973, but that it was also there when his father owned it prior to his purchase. Indeed the fence was constructed, not in a temporary manner, but rather with railroad tie braces and cedar line posts with woven wire, and multiple strands of barbed wire, as is customary with a permanent fence line. Unfortunately, as was the case in many instances back then, the owners did not follow through with the paperwork, which would have legally changed the boundary. Through our legal counsel, Tom Stuver, we attempted repeatedly to resolve this matter during the past year, without success. It is our understanding that the Parringtons have no intention of pursuing resolution, but rather believe that you—the Board of County Commissioners—will give final approval to their request regardless of the • • Board of County Commissioners June 30, 2003 Page Two representations made at the initial hearing and their refusal to meet the conditions set forth in the preliminary approval. This should not come as any surprise to us, however, as these are the same folks who: •Occupy a "bandit" apartment in an unpermitted agricultural building. The property already has one other accessory dwelling and is not eligible for a third per Garfield County regulations. This fact was reported by one of your own P&Z members, but no action was taken. Result: They continue to occupy the unpermitted apartment on a continuous basis. •Have three residences utilizing a single well which is covered by a well -sharing agreement, which does not permit the same. In fact, the other party to the well -sharing agreement, William and LaVonne Snyder, were forced to gain approval and drill their own well or live with constant shortages of water. •Have three residences utilizing a single septic disposal system, surely with more bedrooms/bathrooms than covered by the original permit. •Have repeatedly hindered and outright refused to allow those whose irrigation water must flow through the Parrington property to receive their rightful water allotments. Those affected have been advised that this is a civil matter and they will have to sue the Parringtons for relief—an action not lightly nor easily undertaken by those who are not employed in the legal field, as is Mrs. Parrington. •Conveyed a parcel of land to Franklin D. Miller and Eugenia M. Miller on April 30, 2003. Copy of said deed was recorded on May 1, 2003, and is attached hereto. It is our understanding from your building and planning department that they did not have authorization to make this transfer until the Board of County Commissioners approves the final plat, which is a part of this exemption application. It is apparent to those of us who neighbor with the Parringtons that the laws and regulations of Garfield County are intended for everyone but them. However, we ask that the Board of County Commissioners review this application and their original motion and require that the applicants live up to the representations made by them and their legal counsel in a public meeting wherein they gained the preliminary approval. Sincerely, vin cia Li da S. Hansen • Board of County Commissioners June 30, 2003 Page Three The undersigned neighbors also adversely affected by the preliminary approval of the Parrington application for exemption, have read the above and foregoing statements and by their signatures below voice their collective objection to the final approval of this exemption at this time: itL (J)A;-- • JOHN W. SAVAGE, P.C. Attorney at Law June 10, 2003 Ms. Tamara Pregl RECEIVED JUN 1 1 2003 GARFIELD COUNTY BUILDING & PLANNING Garfield County Planning Department 108 8th St., Suite 201 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: Hansen Boundary Issue Dear Ms. Pregl: EXHIBIT Thank you for your fax of the excerpts from the Commission Hearing on June 17. 2002. In addition my clients have obtained a complete transcript of the June 17, 2002 Hearing and the Extension Hearing on October 14, 2002 (copy enclosed). A review of these materials shows the following course of events regarding this matter: 6/17/2002 at page 3: John Savage, applicant's attorney, addressing boundary issues raised in a letter from the Hansens, advise the Commissioners that initial discussions with Hansen' attorney indicated the likelihood of a resolution of the matter which would result in minimal boundary changes. Following was a question from Commissioner McCown regarding the southerly boundary of the property and the county road right of way on the east. Hansens then testified as to the discrepancy between the title boundary and existing fence lints and requested, "that approval of this exemption include a requirement, a condition, that we get that boundary settled legally" (Emphasis added) The Motion made by Commissioner McCown incorporated Conditions 1-13 from the Staff Report, which Conditions did not include resolution of any boundary disputes. (Emphasis added) On July 5, 2002, Senior Planner, Fred Jarman, issued his letter (copy enclosed) recapping the requirements for Final Plat of the requested exemption, which also does not include resolution of any boundary disputes. On October 14, 2002 an additional Hearing was held on Parrington's request for an extension of time to complete Final Plat. At that Hearing the Hansens submitted a letter advising that the boundary issue had not been resolved and that it did not appear that the parties were going to be able to resolve the matter. In response to a direct question from Commissioner McCown, John Parrington advised that they were "going by the list that was supplied from the Building and Planning Department and there is nothing on that list that says they had to readjust the property line. And, as a matter of fact, he said they went to our surveyor, which is Bookcliff Surveying to see if there was a discrepancy between the property lines. Hansen's deed and our deed line up perfectly; one is plotted on the survey, so John claimed they didn't know what the discrepancy was other than them [Hansens] claims some fence lines" (Emphasis added) • • Ms. Tamara Pregl Garfield County Planning Department June 10, 2003 Page Two On October 14, 2002, Senior Planner, Fred Jarman, again issued a letter (copy enclosed) recapping the requirements for Final Plat, which does not include the Hansen boundary line issue. This letter also states that the extension was granted to October 17, 2003. Even as late as May 13, 2003, after Applicants had submitted their information for Final Plat. Mr. Jarman's comments neglected to raise the Hansen boundary line issue. Applicants request that Staff reconsider its position on the Hansen boundary line resolution requirement. Applicants admit that their attorney, the undersigned, represented. overly optimistically as it turned out, that Applicants would be able to resolve the Hansen boundary line issue in short order. Further research and negotiation proved unavailing. Applicants believed that since resolution of the Hansen boundary line issue was not made an express condition of approval, was not included in Mr. Jarman's letter of July 5. 2002, was discussed at the October 17, 2002 Extension Hearing and again not made an express condition of approval, was not addressed in Mr. Jarman's letter of October 14, 2002: and was not even included in Mr. Jarman's Final Plat submittal review letter of May 13, 2003; therefore resolution of the Hansen boundary issue was not in fact a condition of approval. Even if resolution of the Hansen boundary line claim was in fact an original condition of approval. Applicants submit that their attempts to resolve the matter and Nansens' failure to take an. action to further assert their claims should satisfy any such condition. Hansens asserted in 2002 that the existing fence line was the boundary between their and the Parringtons' property, rather than the record title line. of which there is no dispute. This claim constitutes an assertion of a claim to adverse possession to a portion of the Parrington property. The mere existence of a fence, even of longstanding, does not constitute a boundary line or conclusively determine a claim for adverse possession. Existing fences can either be found to be a fence of "convenience" or an intended boundary line. The title boundary line between the Hansens and Parringtons is the centerline of the unnamed draw separating their properties, an area that is difficult to construct and maintain a fence. Parringtons take the position that the fence line along their cultivated fields and ditches is a fence of convenience and not a boundary fence. It is Hansens' burden to assert their claim to adverse possession. which they have not done for almost a year since the issue was brought up. Applicants feel they have fully complied with the requirements for Final Plat and ask that the material submitted be presented to the Commissioners for action. If the Board of County Commissioners agrees with Staffs position, Applicants request that the deadline for Final Plat submittal be extended for at least Q0 days to give them time to seek resolution of the Hansen issue. If litigation is required to settle this claim. an additional extension of up to a year may be required to conduct a quiet title suit. Sincerely, // Sav nclosures `J c: Lawrence M. Mincer, Esq. w/o enclosures John and Nila Parrington w/o enclosures G:\CI,IENTS\Parrington\SubExemptionINtr 030610 GARCO Planning re Hansen issue.doc Revised: 6/10/2003 9:39 AM; printed: 06/10/03; 9:39 AM; Page 2 of 2 PROCEEDINGS•OF THE GARFIELD COUNTY BOARD OF l VMMISSIONERS PUBLIC MEETING JUNE 17, 2002 EXHIBIT CHAIRMAN MARTIN — THIS IS A PUBLIC MEETING, PARRINGTON EXEMPTION SUBDIVIDING A FORTY-ONE POINT NINE ONE ZERO (41.910) ACRE TRACT INTO THREE (3) PARCELS. JOHN, IS HE HERE? UNIDENTIFIED SPEAKER - MR. MARTIN, CHAIRMAN MARTIN — YES, YOUNG LADY. UNIDENTIFIED SPEAKER — WE'RE HAVING PROBLEMS HEARING BACK HERE. CHAIRMAN MARTIN — YOU KNOW, THAT'S THE FIRST TIME ANYBODY'S EVER TOLD ME THAT THEY'VE HAD A PROBLEM LISTENING TO ME TALK. UNIDENTIFIED SPEAKER— I DIDN'T MEAN THAT, I COULDN'T HEAR YOU, CAN YOU SPEAK LOUDER. CHAIRMAN MARTIN — THANK YOU. I'LL DO THAT. NO, I THINK I CAN TAKE OF IT IF I JUST MOVE THIS UP A LITTLE BIT, IS THAT BETTER? UNIDENTIFIED SPEAKER— YES. THANK YOU. CHAIRMAN MARTIN — OKAY. WE DON'T WANT YOU TO GO UNINFORMED. JOHN, IF YOU'D INTRODUCE EVERYONE AND YOURSELF. GOOD MORNING, COUNTY COMMISSIONERS, JOHN SAVAGE, RIFLE COLORADO REPRESENTING THE PARRINGTONS, BESIDE ME IS NILA PARRINGTON, ONE OF THE APPLICANTS, AND JOHN PARRINGTON, ONE OF THE APPLICANTS AND THAT IS ROB PARRINGTON THEIR SON. THE PURPOSE OF THIS APPLICATION IS TO SPLIT OFF TWO (2) LOTS FOR THE FAMILY CHILDREN. CHAIRMAN MARTIN — ALL RIGHT, THANK YOU. MR. DEFORD ANY Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 1 PROCEEDINGS• OF THE GARFIELD COUNTY BOARD OF MMISSIONERS PUBLIC MEETING JUNE 17, 2002 QUESTIONS? DON DEFORD — YES. JUST A MINUTE. JUST A FEW QUESTIONS. DID YOU IDENTIFY PROPERTY OWNERS WITHIN TWO -HUNDRED (200) FEET THROUGH USE OF THE COUNTY ASSESSOR'S RECORDS? JOHN PARRINGTON — YES, SIR. DON DEFORD — APPROXIMATELY WHEN DID YOU CHECK WITH THE ASSESSOR TO VERIFY THAT OWNERSHIP? JOHN PARRINGTON — UH, I THINK ABOUT FORTY (40) DAYS BEFORE THIS HEARING? DON DEFORD — ALL RIGHT, GOOD. DID YOU, BASED ON THOSE RECORDS, DID YOU MAIL TO EVERY PROPERTY OWNER WITHIN TWO HUNDRED (200) FEET OF THE SUBJECT PROPERTY. JOHN PARRINGTON— YES, SIR. DON DEFORD — HAVE YOU GIVEN ME PROOF OF THAT MAILING THROUGH BOTH RETURNED RECEIPTS OR PROOF OF MAILING? JOHN PARRINGTON — YES, SIR. DON DEFORD — HAVE YOU ALSO GIVEN ME A RETURNED ENVELOPE? JOHN PARRINGTON — YES, SIR. DON DEFORD — WOULD JUST VERY BRIEFLY EXPLAIN THAT, WHY YOU GAVE ME THE ENVELOPE ON THAT ONE INSTEAD A ... NILA PARRINGTON — IT CAME BACK UNCLAIMED. Request to Consider Parrington Exemption to Subdivide a 41.91.0 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 2 PROCEEDING•F THE GARFIELD COUNTY BOARD OF I:OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 DON DEFORD — VERY GOOD. IT WAS MAILED ALONG WITH ALL THE OTHERS WASN'T IT? NILA PARRINGTON— YES. DON DEFORD — GOOD. WAS THE PROPERTY POSTED GIVING NOTICE OF TODAY'S HEARING? NILA PARRINGTON — YES, I TOOK IT DOWN. DON DEFORD — I GUESS IT'S STILL NOT IN PLACE, DOWN? ROAD. THEN. WHEN DID YOU TAKE THIS JOHN PARRINGTON — THIS MORNING. DON DEFORD — VERY GOOD. WAS IT VISIBLE FROM A PUBLIC RIGHT OF WAY? JOHN PARRINGTON — RIGHT IN FRONT OF MY HOUSE. DON DEFORD — AND WHAT RIGHT OF WAY IS THAT? JOHN PARRINGTON — THAT'S Two FORTY-FIVE (245) ROAD. Two TWENTY-FIVE DON DEFORD — WHEN WAS IT POSTED? JOHN PARRINGTON — IT WAS POSTED. DON DEFORD — ABOUT THE SAME TIME YOU MAILED THE NOTICES? JOHN AND NILA PARRINGTON — YES. DON DEFORD — OKAY, GOOD. LET ME BACK UP TO THE MAILING FOR JUST A MOMENT, I FORGOT A COUPLE OF QUESTIONS I NEED TO ASK. DID YOU INCLUDE IN YOUR MAILING ALL PUBLIC LANDOWNERS, IF THERE WERE ANY WITHIN THE TWO HUNDRED FEET? JOHN PARRINGTON — YEAH, WE'RE NOT AWARE OF ANY PUBLIC LANDOWNERS Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 3 41111 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtMISSIONERS PUBLIC MEETING JUNE 17, 2002 DON DEFORD — AND DID YOU INCLUDE ALL MINERAL OWNERS AND LESSEES OF RECORD? JOHN PARRINGTON — YES, SIR. DON DEFORD — VERY GOOD. I ALSO HAVE PROOF OF PUBLICATION MR. CHAIRMAN, THAT IS MORE THAN THIRTY DAYS AND LESS THAN SIXTY PRIOR TO TODAY'S HEARING, I THINK BASED ON THE TESTIMONY YOU'RE ENTITLED TO PROCEED. CHAIRMAN MARTIN — THANK YOU MR. DEFORD. ANY CHALLENGES? COMMISSIONER STOWE — I HAVE NONE. COMMISSIONER MCCOWN — No. CHAIRMAN MARTIN — WE'LL GO AHEAD AND PROCEED. IT IS A PUBLIC MEETING HOWEVER, I'VE MADE IT A HABIT OF SWEARING EVERYONE IN, SO I'M GOING TO DO THAT AGAIN. JOHN, OF COURSE, YOU'RE EXEMPT, ATTORNEY. THOSE THAT WISH TO GIVE TESTIMONY, Do YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? AUDIENCE - I DO. CHAIRMAN MARTIN — THANKS FRED. I'M GLAD YOU DO, THERE YOU GO, YOU HAD TO GET THE OTHER RIGHT HAND UP THERE, THAT'S OKAY. AND, YOU HAVE THE FLOOR SIR. FRED JARMAN — I HAVE A LIST OF EXHIBITS I'D LIKE TO READ INTO THE RECORD. THESE ARE EXHIBITS FOR THE PARRINGTON SUBDIVISION EXEMPTION REQUESTS AND AMENDED PLAT REQUESTS. EXHIBIT A — IS A PROOF OF CERTIFIED MAILING RECEIPTS AND PUBLICATION; EXHIBIT B — IS THE GARFIELD COUNTY ZONING REGULATIONS; EXHIBIT C — IS THE GARFIELD COUNTY COMPREHENSIVE PLAN OF 2000; EXHIBIT D — is THE GARFIELD Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 4 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF gMMISSIONERS PUBLIC MEETING JUNE 17, 2002 COUNTY SUBDIVISION REGULATIONS UH, I.E. ZONING REGULATIONS; EXHIBIT E - IS A STAFF REPORT WHICH ALSO INCLUDES A SERIES OF ATTACHMENTS WHICH ARE AS FOLLOWS: UH, EXHIBIT F - IS THE APPLICATION MATERIALS; EXHIBIT G - IS A LETTER FROM JOHN SAVAGE TO THE RIFLE FIRE PROTECTION DISTRICT DATED ELEVEN -TWENTY- THREE TWO -THOUSAND -ONE (11-23-01); EXHIBIT H - REFERRAL COMMENTS FROM THE GARFIELD COUNTY ROAD AND BRIDGE DEPARTMENT DATED FIVE -TWENTY-THREE ZERO, UH TWO -THOUSAND TWO; EXHIBIT I — IS AN E-MAIL FROM GARFIELD COUNTY VEGETATION DEPARTMENT TO KIM SCHLAGEL DATED SIX -FOUR -ZERO TWO (6/4/02); EXHIBIT J — IS A SUBDIVISION EXEMPTION FINAL PLAT APPROVED IN NINETEEN -NINETY- FIVE BY THIS BOARD WHICH WAS EVIDENCE OF THE FIRST EXEMPTION FROM SUBDIVISION; EXHIBIT K - IS A LETTER FROM THE STATE OF COLORADO, OFFICE OF THE ENGINEER DATED FIVE -SEVENTEEN, YEAR TWO -THOUSAND TWO (5/17/2002); EXHIBIT L - IS A LETTER TO GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FROM WILLIAM P. AND LAVONNE M. SNYDER DATED SIX -TEN -ZERO TWO, YEAR TWO THOUSAND TWO (6-10- 2002); EXHIBIT M - IS A LETTER TO THE BOARD OF COUNTY COMMISSIONERS FROM ZANE AND SALLY CARTER. I WOULD ALSO AT THIS TIME LIKE TO SUBMIT TWO (2) NEWLY RECEIPTS EXHIBITS - EXHIBIT N - BEING A LETTER TO GARFIELD COUNTY FROM DENNIS CHAMBERS, WHICH IS DATED JUNE FIVE, (6/5), I'LL PASS THESE AROUND. AND LAST, I HAVE EXHIBIT O — WHICH IS A LETTER TO JOHN AND NILA PARRINGTON FROM WEST DIVIDE WATER CONSERVANCY DISTRICT DATED MARCH TWENTY-EIGHT, YEAR TWO - THOUSAND TWO (3-28-2002). I'LL PASS THAT OUT ALSO. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 5 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — HAS THE APPLICANT RECEIVED THE LAST TWO (2) EXHIBITS? JOHN SAVAGE — I ASSUME THEY HAVE THE WEST DIVIDE LETTER, UH. CHAIRMAN MARTIN — WEST DIVIDE AND FRED JARMAN — I JUST RECEIVED THESE THIS MORNING JUST PRIOR TO THIS HEARING. I THINK THERE'S AN ADDITIONAL COPY FOR YOU IN THERE, AND THE WEST DIVIDE LETTER IS A LETTER THE APPLICANTS SUBMITTED A WHILE AGO, SIMPLY STATING THE WATER, THE APPROVED WATER CONTRACTS, BUT IT WAS A LATER SUBMISSION TO THE CASE FILE AND I WANTED TO PROVIDE THAT TO THIS BOARD FOR THEIR CONSIDERATION. CHAIRMAN MARTIN - I'LL GIVE YOU A CHANCE TO GO AHEAD AND READ THAT. WE'LL GO AHEAD AND ENTER EXHIBITS A THROUGH 0, DID YOU HAVE ANY OTHERS THAT YOU WISH TO CONSIDER? FRED JARMAN — No, SIR. CHAIRMAN MARTIN — ALL RIGHT. WE'LL GIVE HIM A MINIUTE, WE'LL GET THE NOD HERE. ARE YOU READY TO GO? JOHN SAVAGE — OKAY. CHAIRMAN MARTIN — Go AHEAD FRED. FRED JARMAN — THANK YOU MR. CHAIRMAN. As I PROCEED I WANT TO GIVE A BRIEF OVERVIEW OF WHAT'S BEING REQUESTED AS I UNDERSTAND THERE ARE SEVERAL FOLKS HERE THAT WOULD LIKE TO ALSO LIKE TO BOARD WITH CONCERNS, SO I'M GOING TO TRY NOT TO DRAG THIS OUT TOO LONG, BE TOO LONG WINDED. FOR THE SAKE OF Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 6 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF I;OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 DISCUSSION, I WOULD LIKE YOU, IF YOU COULD, PULL OUT A REFERENCE OF THE LARGER PLAT THAT WAS SUBMITTED IN THE APPLICATION WHICH IS THE PROPOSED SUBDIVISION. AND, THEN SECONDLY AS YOU'RE DOING THAT, AS YOU RECALL REVIEWING THE STAFF MEMO I INCLUDED THE ORIGINAL NINETEEN -NINETY-FIVE (1995) PLAT WHICH WAS THE FIRST SUBDIVISION EXEMPTION. SO, I'LL HAVE THOSE BOTH OUT FOR A MATTER OF COMPARISON. SO JUST BRIEFLY, THIS IS A REQUEST FOR AN EXEMPTION FROM THE RULES OF SUBDIVISION AS WELL AS AN AMENDED PLAT FOR AN EXEMPTION LOT WHICH IS CURRENTLY OWNED BY THE MILLERS. THE APPLICANT IS JOHN AND NILA PARRINGTON, THE PROPERTY LOCATION IS ZERO -ONE -FOUR -FIVE (0145) COUNTY ROAD TWO -TWO -FIVE (225) JUST WEST OF SILT. As A MATTER OF REFERENCE AND RECORD, IN NINETEEN -NINETY-FIVE (1995) THE PARRINGTONS APPROACHED THIS BOARD AND RECEIVED APPROVAL FOR THE FIRST SUBDIVISION EXEMPTION TO CREATE WHAT IS KNOWN AND SHOWN AS LOT TWO (2), THAT'S THE SMALLER ELEVEN BY SEVENTEEN (1 1X17) PIECE WHICH IS JUST OVER AN ACRE ON THAT PLAT. THE REQUEST TODAY IS TO FURTHER SUBDIVIDE THE REMAINDER OF THE PARENT PARCEL WHICH, IS FORTY-ONE POINT NINE ACRES (41.9) INTO A TOTAL OF THREE (3) WHICH IS A COMPLETE OVERALL TOTAL OF FOUR (4) LOTS WHICH IS THE MOST THAT YOU CAN SUBDIVIDE. THE PROPERTY IN NINETEEN -SEVENTY-THREE (1973) WAS IN EXCESS OF THIRTY-FIVE (35) ACRES, THAT'S PROVEN BY A DEED THAT WAS SUBMITTED BY THE APPLICANT, THEY HAVE ALSO INDICATED AND PROVIDED UH, PROOF OR EVIDENCE OF ADEQUATE LEGAL WATER SUPPLY THROUGH NEW NON-EXEMPT WELLS WITH A WEST DIVIDE WATER ALLOTMENT CONTRACT. THE LETTER THAT I SUBMITTED TO YOU I BELIEVE AS EXHIBIT 0 INDICATES THAT THOSE ARE TWO (2) APPROVED CONTRACTS FROM WEST Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 7 PROCEEDINGS F THE GARFIELD COUNTY BOARD OF I OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 DIVIDE. THEY ARE PROPOSING ACCESS OFF CR TWO -TWO -FIVE (225); THEY ALSO HAVE FRONTAGE ON CR TWO -TEN (210). I WOULD LIKE TO INDICATE THAT THOSE HAVEN'T BEEN INDICATED ON THE PROPOSED PLAT, ALTHOUGH ONE OF THE COMMENTS BACK FROM ROAD AND BRIDGE DEPARTMENT INDICATED THAT THEY WOULD HAVE TO, THEY WOULD BE REQUIRED TO GET PERMITS FOR THOSE DRIVEWAYS TO THOSE LOTS AND THAT IS A CONDITION OF APPROVAL AS WELL. THE LOTS THAT ARE BEING PROPOSED, I'VE SHOWN ON THE LARGER PLAT, SHOW LOT ONE A (1-A) WHICH IS TO THE NORTH TO BE JUST OVER TEN AND ONE-HALF (10.5) ACRES, LOT ONE B (1-B) IS JUST UNDER TEN (10) ACRES AND THEN THE REMAINDER OF THE PARENT LOT, UH WHICH IS THE CURRENT RESIDENCE OF THE PARRINGTON'S, IS LOT ONE C (1-C) WHICH SHOWS SIXTEEN (16) ACRES. ALTHOUGH I THINK THERE'S A DISCREPANCY IN THE LETTER IN THE APPLICATION THAT SAID THEY SHOULD BE TEN, TEN AND TWENTY (10-10-20), UNCLEAR AS TO WHAT THE DISCREPANCIES ARE SO I THOUGHT I'D ASK THE APPLICANTS THAT QUESTION AT THE RIGHT TIME. WITH RESPECT TO THE SET CRITERIA UNDER SUBDIVISION EXEMPTIONS, THEY MEET WHAT'S REQUIRED OF THEM BY THE STAFF. WE RECOMMEND APPROVAL WITH A SERIES OF CONDITIONS THAT ARE ALSO STATED IN THE STAFF REPORT, UH, I DO HAVE A COUPLE OF QUESTIONS AND I'LL ASK AT APPROPRIATE TIME, SO WITH THAT, I'LL FINISH STAFF'S COMMENTS. CHAIRMAN MARTIN — THANK YOU FRED. ANY QUESTIONS OF STAFF AT THIS MOMENT? Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 8 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF I;OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 COMMISSIONER MCCOWN — NOT AT THIS TIME. COMMISSIONER STOWE — No. CHAIRMAN MARTIN — ALL RIGHT. WILL YOU PASS THE BATON TO THE APPLICANT? FRED JARMAN — YES, AND I'LL TURN IT OVER TO THE APPLICANT. CHAIRMAN MARTIN — ALL RIGHT. JOHN SAVAGE — THANK YOU AND JUST FOR CLARIFICATION I WOULD TENDER THE BOARD A SORT OF A LETTER SHOWING MY WRITTEN COMMENTS AND ASK THAT THIS BE ADOPTED AS AN EXHIBIT. CHAIRMAN MARTIN — ALL RIGHT, JOHN, GO AHEAD. MILDRED ALSDORF — IT WOULD BE P. CHAIRMAN MARTIN — WE'LL MARK THAT AS EXHIBIT P. JOHN SAVAGE — I DO THIS SO I DON'T FORGET WHAT I'M SUPPOSED TO BE DOING. CHAIRMAN MARTIN — WE ONLY HAVE ONE OR TWO EXHIBITS IN FRONT OF US. ALL RIGHT. JOHN SAVAGE - FIRST OF ALL, FOR CLARIFICATION UH, WE'RE NOT SURE WHERE THREE (3) ACRES WENT BETWEEN, WE HAD FORTY-ONE (41) ACRES, NOW WE'VE GOT THIRTY-FIVE (35). I'M NOT SURE. UH, THE ONE CORRECTION WE, WE'RE NOT AMENDING LOT Two (2) FROM THE ORIGINAL PLAT, THE ORIGINAL EXEMPTION. THE DIFFERENCE IS IF YOU'LL LOOK AT THE NINETY-FIVE ('95) PLAT, LOT Two (2) GOES TO THE APPARENT COUNTY ROAD RIGHT-OF-WAY WHEREAS ON THE SKETCH PLAN FOR THIS APPLICATION IT TAKES IN THE COUNTY ROAD RIGHT-OF-WAY. WE'LL MAKE, ON THE FINAL PLAT, WE'LL Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 9 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF I OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 CORRECT THAT AND LOT TWO (2) WILL SHOW EXACTLY AS IT WAS IN THE NINETY-FIVE ('95) PLAT. FRED JARMAN — SO TO CLARIFY THAT LOT TWO (2), YOU'RE SAYING THE CORRECT SHOULD BE TWO POINT ZERO ZERO EIGHT (2.008) ACRES THAT'S SHOWN IN THE FINAL PLAT FROM NINETEEN -NINETY-FIVE (1995)? JOHN SAVAGE — THAT'S RIGHT. FRED JARMAN — OKAY. JOHN SAVAGE — WE'RE NOT MAKING ANY CHANGES WITH THAT, IT'S THE EXEMPTION LOT, AGAIN, IT'S AN ERRONEOUS LETTER LABELED ON THE SKETCH PLAN IS LOT THREE (3), IT'S AN EXEMPTION LOT AND IT IS NOT PART OF THE EXEMPTION LOT. THAT'S WHAT WE'RE ADDING ABOUT AN ACRE AND A HALF (1.5) TO. WE BELIEVE THAT MITIGATES THE NEED FOR RECOMMENDATION NUMBER THREE (3) WHICH IS THE AMENDED PLAT OF DISCUSSION. NUMBER EIGHT (8), THE SECOND SENTENCE OF PARAGRAPH EIGHT (8) CALLS FOR A ROAD SHARING AGREEMENT, UH, ALL THREE (3) OF THESE PARCELS WILL HAVE SEPARATE DRIVEWAY ACCESSES TO COUNTY ROADS. THERE'S NO ROAD SHARING AGREEMENT NEEDED. ON NUMBER TEN (10), UNLESS WE'RE DOING A NEW PROCEDURE ON EXEMPTIONS, I'M NOT SURE WHAT THIS MEANS. DON DEFORD — I'M SORRY JOHN, I'M TRYING TO KEEP UP, WHICH ONE ARE YOU ON? JOHN SAVAGE — RECOMMENDATION NUMBER TEN (10). CHAIRMAN MARTIN — ON THE STAFF REPORT, DON. DON DEFORD — OKAY. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 10 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF APMMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN - PAGE EIGHT (8). DON DEFORD - OKAY. FRED, THIS ONE WAS INCLUDED, I THINK, AS BEING PRIMARILY BECAUSE OF THE INCONSISTENCIES IN THE ACREAGES, I BELIEVE AND SO MAYBE, THAT'S REALLY THE HEART OF THE ISSUE BECAUSE THE APPLICATION ORIGINALLY INDICATED FORTY-ONE (41+) PLUS ACRES, BUT THE THREE (3) EXEMPTION LOTS CAME TO THIRTY (30) SOMETHING ACRES AND WE WERE TRYING TO SORT OUT WHERE THE DIFFERENCE WAS AND MAYBE YOU'VE EXPLAINED THAT, BUT ... JOHN SAVAGE - PART OF THE DIFFERENCE IS HOW THE COUNTY ROAD RIGHT OF WAY GETS TREATED. THE UH, FORTY-ONE POINT NINE (41.9) ACRES INCLUDED THE ACRE AND A HALF (1.5) THAT'S GOING TO THE EXEMPTION LOT. DON DEFORD - OKAY. JOHN SAVAGE -AND I THINK IF WE'D MAKE THOSE TWO (2) CHANGES WE'RE COMING PRETTY CLOSE TO WITHIN... DON DEFORD - THAT WAS THE MAIN PROBLEM WE HAD. YOU'RE CORRECT AS TO LOTS ONE A, B, AND C, THOSE ARE NOT TO BE DEEDED AT THIS POINT. THOSE ARE SHOWN ON THE PLAT, WE DID WANT THE DEEDING THAT WOULD BE WITH THE EXEMPTION LOT TO OCCUR BEFORE YOU FILED THE FINAL EXEMPTION PLAT SO THAT THE ACREAGE WOULD BE CORRECT. JOHN SAVAGE - SO A DEED AND A BOUNDARY LINE ADJUSTMENT AFFIDAVIT FOR THAT WILL BE FILED SHORTLY BEFORE WE DO THE FINAL PLAT. OKAY. DON DEFORD - EXACTLY. JOHN SAVAGE - THAT PART I UNDERSTAND. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 11 41 PROCEEDING1OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS PUBLIC MEETING JUNE 17, 2002 DON DEFORD — OKAY THAT WAS THE MAIN CONCERN, YOU'RE RIGHT THOUGH ON THE A, B, AND C, THOSE AREN'T TO BE DEEDED. JOHN SAVAGE — THE, UH, ONE OTHER ISSUE OF CLARIFICATION REGARDING THAT NINETY-FIVE ('95) EXEMPTION PLAT, THE NINETY-FIVE ('95) EXEMPTION PLAT HAS TWO (2) PLAT NOTES ON IT WHICH RELATE TO UN, COMPLIANCE WITH THE WILDFIRE GUIDELINES AND OF CONTROL OF NOXIOUS WEEDS. WE WOULD REQUEST THAT THOSE TWO (2) PLAT NOTES NOT APPLY TO THE ACRE AND A HALF (1.5) ACRE THAT'S BEING ADDED ONTO THE EXCEPTION LOT. BECAUSE IF WE DON'T DO THAT, THEN THE EXEMPTION LOT HAS GOT HIS ACRE THAT DOESN'T HAVE ANY PLAT NOTES ON IT AND THEN THE ACRE AND A HALF (1.5) THAT WE'RE ADDING TO IT WHERE THOSE PLAT NOTES WOULD APPLY AND IT JUST COMPLICATES LIFE FOREVER. DON DEFORD — THAT WOULD SEEM APPROPRIATE TO ME BECAUSE THE EXCEPTION LOT IS NOT REALLY TECHNICALLY PART OF THE PLAT ANYWAY, IS IT? JOHN SAVAGE — WELL, IT WAS PART OF THE NINETY-FIVE ('95) PLAT, IT'S NOT PART OF THIS ONE. DON DEFORD — THAT'S RIGHT. JOHN SAVAGE - BUT WE'VE ADDED A PLAT NOTE TO THIS NEW EXEMPTION PLAT THAT SAYS "THOSE NOTES FROM NINETY-FIVE ('95) DON'T APPLY TO THE EXPANDED EXEMPTION LOT." FRED JARMAN — MR. CHAIRMAN, CHAIRMAN MARTIN — YES, SIR. FRED JARMAN — MAY 1 ASK A QUESTION OF THE APPLICANT? Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 12 PROCEEDINGS"OF THE GARFIELD COUNTY BOARD OF gtMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — YES, YOU MAY. FRED JARMAN — WHAT'S THE SIZE OF THE EXCEPTION LOT TODAY, PRIOR TO WHAT YOU'RE ASKING TO DO. JOHN SAVAGE — IT'S AN ACRE. FRED JARMAN — IT'S RIGHT AT AN ACRE. JOHN SAVAGE — YEAH. WE'LL ACTUALLY MAKING IT A COMPLYING LOT. FRED JARMAN — BARELY. JOHN SAVAGE — YEAH. IT WAS AN OLD SCHOOL SITE. WE ALSO HAD UH, WE HAVE A LETTER FROM THE HANSONS AND WE'VE, I'VE HAD PRELIMINARY DISCUSSIONS WITH THEIR ATTORNEY, THERE ARE SOME, THERE'S DIVERSIONS BETWEEN THE TITLE LINE WHICH IS SHOWN ON THE EXEMPTIONS, THE SKETCH PLAN AND THE FENCE LINES AND THE HANSONS AND PARRINGTONS WILL GET TOGETHER NEXT WEEK OR TWO AND RESOLVE THOSE ISSUES AND CROSS -CONVEY A NEW BOUNDARY LINE FOR THE WEST BOUNDARY. IT IS NOT GOING TO BE SUBSTANTIAL CHANGES THAT WILL AFFECT THE ACREAGES OF LOTS A, B AND C, BY A HALF ACRE (.5), THREE-QUARTERS (.75) OF AN ACRE EACH, SOMETHING LIKE THAT. IT WILL JUST BE AN ADJUSTMENT ON THE WEST BOUNDARY LINE. THAT ADDRESSES MOST OF MY CONCERNS WITH THE COMMENTS. UH, RECEIVED A LETTER FROM A MR. CHAMBERS UH, WE'RE ALL CONCERNED ABOUT THE DROUGHT THIS YEAR BUT UH, THE WATER RIGHTS ADMINISTRATION OR THE PROVIDENCE OF THE STATE ENGINEER'S OFFICE AND UH, THESE WELLS ARE AUTHORIZED UNDER THAT SYSTEM AND WE DON'T BELIEVE THAT NEEDS TO BE ADDRESSED BY THE COMMISSIONERS. THE SAME WITH THE IRRIGATION WATER, THOSE ISSUES ARE OUTSIDE THE PURVIEW OF THIS COMMISSION ON THIS Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 13 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtMISSIONERS PUBLIC MEETING JUNE 17, 2002 EXEMPTION PROCESS. PARTICULARLY IN THIS CASE, YOU KNOW, THIS IS A FAMILY SPLIT, ALTHOUGH GRANTED THOSE LOTS WILL, MAY WELL END UP WITH SOMEBODY ELSE SOME DAY, UH AND MY UNDERSTANDING IS THAT THE PARRINGTONS PRESENT PLANS ARE TO CONTINUE TO OPERATE THE PROPERTY ESSENTIALLY AS IT HAS BEEN OPERATED. IS THAT CORRECT? JOHN PARRINGTON — YES. JOHN SAVAGE — I DON'T HAVE A LOT OF THE OTHER EXHIBITS, UH, COMMENTS FROM ROAD AND BRIDGE, ETCETERA, UH BUT I DON'T BELIEVE THERE'S ANYTHING THERE THAT WE NEED TO RESPOND TO UN, UNLESS WE HAVE SOMETHING SPECIFIC. Do YOU HAVE ANYTHING YOU'D LIKE TO SAY? CHAIRMAN MARTIN — WOULD YOU LIKE TO READ THROUGH ALL THE EXHIBITS THAT YOU DON'T HAVE BEFORE YOU GO ON? JOHN SAVAGE — No, I DON'T THINK THERE'S ANY THAT'S NECESSARY. CHAIRMAN MARTIN — AT THIS POINT, THEN, ARE THERE ARE ANY QUESTIONS OF THE APPLICANT? COMMISSIONER STOWE —NOT AT THIS POINT. COMMISSIONER MCCOWN — YES, CHAIRMAN MARTIN — ALL RIGHT, SIR. COMMISSIONER MCCOWN — UH, JOHN YOU MENTIONED THAT YOU'D MET WITH THE HANSONS ATTORNEY AND THEY WERE GOING TO CORRECT THE UH, WEST BOUNDARY LINE — I'VE GOT A COUPLE QUESTION, NUMBER TWO (2), IT LOOKS LIKE THE SOUTH BOUNDARY LINE AS IT WOULD BE ON THIS PARTICULAR PLAT IS PRETTY CLOUDED AS WELL, Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 14 PROCEEDINGS F THE GARFIELD COUNTY BOARD OF (:OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 WHICH IS COMMON WITH FENCES, I REALIZE THAT, AND MR. CARTER'S LETTER INDICATED THAT THEY WOULD BE WILLING TO NEGOTIATE A NEW AND TRUE BOUNDARY LINE. THE BIGGEST PROBLEM I HAVE IS HAVING BEEN GIVEN THIS PARTICULAR PLAT, AND SHOWING THE TRUE SURVEY AND CLEARLY THERE IS A PARCEL THAT'S BEING CREATED ON THE EAST SIDE OF COUNTY ROAD TWO -TWENTY-FIVE (225). IF ALL THESE PROPERTY LINES, AS YOU'VE DESCRIBED EARLIER WILL BE DRAWN BACK IN TO INDICATE THAT THE PROPERTY GOES TO THE COUNTY ROAD AS LOT TWO (2) DOES. JOHN SAVAGE - THE ONLY ONE THAT WILL BE CHANGED IS LOT TWO (2), WHICH IS WHERE IT WAS SHOWN ON THE NINETY-FIVE ('95) PLAT. COMMISSIONER MCCOWN — OKAY. JOHN SAVAGE - PARRINGTONS OWN TO THE EAST PROPERTY LINE. COMMISSIONER MCCOWN — RIGHT. JOHN SAVAGE - INCLUDED WITHIN THAT IS THE APPARENT COUNTY ROAD RIGHT OF -WAY. COMMISSIONER MCCOWN — RIGHT. JOHN SAVAGE — IN SEVERAL ... COMMISSIONER MCCOWN — WHICH IS NOT UNCOMMON, BUT YEAH, OKAY. JOHN SAVAGE — AS FAR AS I KNOW THAT'S PRESCRIPTIVE RIGHT OF WAY. COMMISSIONER MCCOWN — SO LOT TWO (2) IS GOING TO BE PULLED BACK TO THE COUNTY ROAD RIGHT-OF-WAY WHICH WILL LEAVE A SLIVER OF UN -OWNED PROPERTY ON THE EAST SIDE OF THE ROAD? JOHN SAVAGE — NO, IT'S NOT UN -OWNED, IT'S OWNED BY PARRINGTONS. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 15 PROCEEDINOOF THE GARFIELD COUNTY BOARD OF OMISSIONERS PUBLIC MEETING JUNE 17, 2002 COMMISSIONER MCCOWN — OKAY, BUT IT'S SEVERED. DON DEFORD — PART OF ONE C (1-C). COMMISSIONER MCCOWN — OKAY, IT'S SEVERED BY THE COUNTY ROAD. JOHN SAVAGE — No, IT'S SUBJECT TO THE COUNTY ROAD EASEMENT. COMMISSIONER MCCOWN — OKAY. JOHN SAVAGE — THE, IT WOULD BE PART OF THAT ONE B (1-B) ACTUALLY BECAUSE THE LINE THAT NOW CROSSES THE COUNTY ROAD WILL GO AWAY. COMMISSIONER MCCOWN — THAT'S MY QUESTION. THIS IS A GOOD PLAT THAT WE'RE LOOKING AT HERE. JOHN SAVAGE — THAT'S A SKETCH PLAN. COMMISSIONER MCCOWN — YEAH, BUT WHEN WE LOOK AT THE FINAL ONE, THESE LINES WILL ALL STOP AT THE COUNTY ROAD, ONE B (1-B) WILL WRAP AROUND TO INCLUDE THE LITTLE NARROW PARCEL IMMEDIATELY EAST OF LOT TWO (2). JOHN SAVAGE — THAT'S CORRECT. COMMISSIONER MCCOWN — OKAY. WILL LOT THREE (3) CROSS THE ROAD? JOHN SAVAGE — UH, NO. COMMISSIONER MCCOWN — LOT THREE (3) WON'T CROSS THE ROAD EITHER? JOHN SAVAGE — UH, I'M NOT SURE WHAT THE ACTUAL LEGAL DESCRIPTION OF LOT THREE (3) IS. WE'LL HAVE TO CHECK THAT. I THINK THAT IS PROBABLY, PROBABLY DOES GO TO THE EAST SECTION LINE. COMMISSIONER MCCOWN — You SEE WHAT I'M TRYING TO AVOID HERE? Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 16 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS PUBLIC MEETING JUNE 17, 2002 JOHN SAVAGE — YELP, UH HUH. MY APOLOGIES FOR WHAT HAPPEN ON NINETY- FIVE ('95) IF I'D BEEN A LITTLE QUICKER AND CAUGHT THAT, THAT WOULDN'T LOOK LIKE THAT. COMMISSIONER MCCOWN — YEAH, OKAY. JOHN SAVAGE — CAUSE I'VE BEEN TRIED OVER THE YEARS NOT TO DO THAT WITH THESE PLATS WHEREAS A LOT OF SURVEYORS HAVE AND THEY'VE LEFT A LOT OF COUNTY ROAD RIGHT OF WAY OUT THERE KIND OF HANGING IN LIMBO. AND, WE TRY NOT TO DO THAT AND I'VE GOT MY SURVEYOR WELL TRAINED, THAT'S WHY WE ENDED UP WITH LOT Two (2) LOOKING LIKE IT DOES ON THIS ONE. BUT WE'RE, MAYBE WITH AN APPROPRIATE CONDITION WOULD BE TO MAKE SURE, ADD A NOTE THAT WE DO ADDRESS THOSE ISSUES TO STAFF'S SATISFACTION WITH THE FINAL PLAT JUST SO THAT NONE OF US FORGET ABOUT IT. COMMISSIONER MCCOWN — THAT WOULD ELIMINATE A MAJOR CONCERN OF MINE. JOHN SAVAGE — YEAH, THE SOUTH BOUNDARY LINE WE HAVE BEEN, WE'VE HAD SOME DISCUSSIONS WITH THAT, THE CARTERS ARE ONE OF THE OWNERS, THAT, THE GENESIS OF THAT IS THAT IS ACTUALLY THE OLD STATE HIGHWAY THROUGH THERE. AND, WHEN THAT WAS ABANDONED HOW, WHERE THE FENCES GOT PUT IN RELATION, WHEN THAT RIGHT OF WAY WAS ABANDONED, ALTHOUGH, THERE'S NOTHING OF RECORD FOR THAT RIGHT OF WAY, UH, WE'VE HAD OUR TITLE COMPANY LOOK SEVERAL TIMES CAUSE I COULDN'T BELIEVE IT. BUT THERE IS NO RIGHT OF WAY, SO THE RESOLUTION OF THAT IS NO, UH, WE MAY GET SOME OF IT RESOLVED BEFORE WE GET THIS RECORDED, SOME MAY NOT. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 17 411 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF C OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 FRED JARMAN — THAT'S ALL I HAVE RIGHT NOW. CHAIRMAN MARTIN — ANYTHING FURTHER FROM YOU JOHN? JOHN SAVAGE — No. CHAIRMAN MARTIN — ALL RIGHT. CITIZENS, ANYONE THAT WOULD LIKE TO SPEAK WILL NEED TO GO AHEAD, FRED IF YOU'LL PASS THAT MICROPHONE BACK, REMEMBER TO STATE YOUR NAME, YOUR ADDRESS, AND THEN YOU'RE COMMENTS. THANK YOU SIR. I AM LINDA HANSON WITH MY HUSBAND ALVIN, WE LIVE AT THIRTY -TWO -NINETY (3290) COUNTY ROAD TWO -TEN (210) IN RIFLE, WE ARE THE PARTIES THAT ADJOIN THE PARRINGTONS ALL ALONG THE WESTERN BOUNDARY. HE'S BRING YOU A COPY OF THE LETTER THAT JOHN GOT AS WELL. UH, WE WOULD LIKE TO HAVE IT ENTERED AND WE WOULD LIKE TO REQUEST RESPECTIVELY THAT UH, APPROVAL OF THIS EXEMPTION INCLUDE A REQUIREMENT, A CONDITION, THAT WE DO GET THAT BOUNDARY SETTLED LEGALLY. AT THE TIME, ALVIN AND I BOUGHT IT WE DIDN'T REALIZE THAT THE FENCE WAS OFF UH, THAT FAR, AND NOW THAT WE'RE GOING THIS PROCESS, WE WOULD LIKE TO SEE IT THROUGH TO THE END. CHAIRMAN MARTIN — UH, WE HAVE EXHIBIT P, AND JOHN DID YOU GET A COPY OF THAT AS WELL. JOHN SAVAGE — YES. CHAIRMAN MARTIN — ALL RIGHT. WE'LL ENTER THAT INTO THE RECORD. JOHN SAVAGE — EXCUSE ME, MY LETTER IS EXHIBIT P. IT SHOULD BE EXHIBIT Q. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 18 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN - EXHIBIT Q, OKAY, I'M SORRY. I MIS -LABELED JOHN I APOLOGIZE. ALL RIGHT, WE'VE GOT THEM STRAIGHTENED AROUND NOW ON THE RECORD. ANYTHING FURTHER THEN, MS. HANSON? LINDA HANSON — No. CHAIRMAN MARTIN - No, ALL RIGHT. THANK YOU. QUESTIONS? ANYONE ELSE? ALL RIGHT, IF YOU'D PASS THAT BACK THERE. UH, YES, THIS IS DENNIS CHAMBERS, I LIVE A THREE -ZERO -ZERO -SEVEN -FIVE (30075) HIGHWAY SIX AND TWENTY-FOUR (6 & 24), I BORDER MR. PARRINGTON ON THE SOUTHWEST SIDE. UH, MY CONCERN RIGHT AT THIS POINT, WAS THE WELLS, BUT BEINGS THIS ISN'T IN CONSIDERATION AT THIS POINT, UH, IRRIGATION PROBLEM HAS BEEN IN EFFECT FOR QUITE A LONG TIME, WE NEED TO RESOLVE SOME OF THIS IRRIGATION PROBLEM BEFORE THIS SUBDIVISION GETS SPLIT OFF INTO MORE WATER OUTLETS THAT GOING TO CREATE MORE PROBLEMS OF SEPARATING WATER DOWN THROUGH TO THE PARTIES CONCERNS ON ALL THIS BOTTOM OF THE DITCH. UNIDENTIFIED SPEAKER — AND TELL THEM THERE IS NO MARKING OF EASEMENT. DENNIS CHAMBERS — AND ON THIS MAP UP HERE, THERE BASICALLY IS NO MARKING AS TO THE LEGAL DITCH RIGHT OF WAY EASEMENT DOWN THROUGH THERE. I THINK THIS OUGHT TO BE UH, SPECIFIED WHERE IT IS AND IF IT'S GOING TO A BIG ISSUE MAYBE A DEEDED EASEMENT ASSESSMENT THROUGH TO ALL PARTIES. CHAIRMAN MARTIN — THAT'S THE GRAND RIVER DITCH THAT YOU'RE TALKING ABOUT? DENNIS CHAMBERS — RIGHT. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 19 PROCEEDING•F THE GARFIELD COUNTY BOARD OF I OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — ALL RIGHT, S IT AN INCORPORATED DITCH COMPANY OR IS IT JUST LIKE THE ONE AT PEACH VALLEY, EVERYBODY OWNS SHARES AND WHAT HAVE YOU, BUT IT'S NOT INCORPORATED IN ONE WAY OR ANOTHER. DENNIS CHAMBERS — I'M NOT SURE BUT I KIND OF BELIEVE, I'VE GOT THE BY- LAWS HERE, MRS. CHAMBERS — WE OWN SHARES IN THE DITCH. DENNIS CHAMBERS — WE OWN SHARES IN THE DITCH AND THEN THERE ARE A DITCH COMMITTEE THAT HANDS DOWN ALL THE RULINGS AND ALL THIS ON IT. CHAIRMAN MARTIN — SOUNDS LIKE A FEW DITCH COMPANIES I BELONG TO, TOO. THEY MAKE THE RULES AND REGULATIONS AT YOUR YEARLY MEETING, YOU ESTABLISH YOUR PRIORITIES, UH, YOU PUT YOUR SCHEDULE OUT, AND YOU HAVE YOUR DITCH WALKERS, ETCETERA AND YOU BELONG ALSO I BELIEVE TO THE DITCH COMPANY, PAY YOUR SHARES FOR YOUR SHARES. DENNIS CHAMBERS — RIGHT. CHAIRMAN MARTIN — OKAY, THEN THAT'S USUALLY REGULATED WITHIN THE DITCH COMPANY, EVERYTHING THAT WE'VE TALKED ABOUT THERE MR. CHAMBERS, BUT DENNIS CHAMBERS — AND LIKE ON THIS, THIS PARTICULAR DITCH, THERE'S FOUR (4) OF US ON THIS THAT COME OUT OF ONE HEAD GATE. AND, MR. PARRINGTON HAS SEEN FIT TO GO IN THERE AND LOCK THE HEAD GATE FOR SOME REASON. NOW I HAVE NOT BOTHERED TO ASK HIM A KEY FOR IT, THE DITCH RIDER SHOULD HAVE A KEY, EVERYBODY ON THE DITCH SHOULD HAVE A KEY, BUT AT THIS POINT, IF THERE'S GOING TO BE A PAD Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 20 PROCEEDINGS THE GARFIELD COUNTY BOARD OF l VMMISSIONERS PUBLIC MEETING JUNE 17, 2002 LOCK ON THAT DITCH, I WOULD LIKE TO HAVE A KEY BEFORE THE SUBDIVISION GOES INTO EFFECT AND I WOULD BASICALLY TO HAVE A KEY TODAY. MRS. CHAMBERS — WELL, AND WE NEED TO KNOW WHAT'S GOING ON WITH THIS. COMMISSIONER MCCOWN — I DON'T KNOW, I'LL LET THE PARRINGTONS ADDRESS THAT, BUT JUST AS A SIDE LIGHT, I KNOW THAT THE DITCH RIDERS HAVE PUT A LOT OF LOCKS ON THE GATES THIS YEAR AND THE OWNERS DON'T HAVE KEYS TO IT, I DON'T KNOW IF THAT HAS HAPPENED IN YOUR CASE, I'M NOT GOING TO GO THERE, BUT I CAN SHOW YOU SEVERAL ON RIFLE CREEK THAT ONLY THE DITCH RIDER HAS A KEY. DENNIS CHAMBERS — THERE ARE SEVERAL DITCHES THAT THEY ARE PAD LOCKED, BUT NOT ON THIS DITCH. COMMISSIONER MCCOWN — I DON'T KNOW THAT. BUT, I DO KNOW THAT THAT'S HAPPENED THIS YEAR BECAUSE OF THE DRY CONDITIONS. CHAIRMAN MARTIN — ALL RIGHT. MRS. CHAMBERS — THE BIGGEST THING IS WE NEED TO KNOW WHAT'S HAPPENING WITH THE WATER BEFORE THEY GRANT THIS SUBDIVISION. CHAIRMAN MARTIN — ALL RIGHT. THAT IS A GOOD CONCERN. IT MIGHT BE OUT OF OUR REALM OF REQUIREMENTS TO REGULATE THE PASSING OF THAT KEY, SIMPLY BECAUSE WE DON'T CONTROL THE DITCH, WE HAVE NO AUTHORITY OVER THE DITCH COMPANY. YOU'RE GETTING ANOTHER QUESTION, GO AHEAD. DENNIS CHAMBERS — WHERE THIS IS GOING TO BECOME AN ALL WAY THROUGH HIS PROPERTY, WE SHOULD BE INFORMED AS TO HOW THIS IS GOING TO BE DISTRIBUTED DOWN THROUGH THERE, RIGHT? Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 21 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — YES, BUT THAT WOULD BE DITCH COMPANY. DENNIS CHAMBERS — No, ONCE THAT WATER LEAVES THE HEAD GATE, IT NO LONGER BECOMES A DITCH COMPANY PROBLEM. MRS. CHAMBERS — AT LEAST THAT'S WHAT THEY'VE TOLD US. DENNIS CHAMBER — IT BECOMES THE LANDOWNERS, AS SOON AS THAT WATER PASSES THAT HEAD GATE, THE DITCH COMPANY LOSES ALL THEIR RIGHTS. CHAIRMAN MARTIN — THAT'S CORRECT, IT GOES TO THE LANDOWNER, HE'S TO USE IT APPROPRIATELY AS OUTLINED BY THE DITCH COMPANY AND WHAT HAVE YOU ON THE USE AS AGRICULTURAL PURPOSES ETCETERA, I DON'T HAVE ANY CONTROL ON WHAT HE DOES WITH THE WATER ONCE IT GETS TO HIS PROPERTY, I HAVE NO CONTROL ON THE DITCH EITHER. DENNIS CHAMBERS — OKAY, THAT'S WHAT I NEED TO KNOW. CHAIRMAN MARTIN — ALL RIGHT. COMMISSIONER MCCOWN — As LONG AS HE'S NOT TAKING OUT MORE THAN HE'S ALLOCATED AND WE DON'T HAVE ANYTHING TO DO WITH THAT. MRS. CHAMBERS — THAT'S IT. DENNIS CHAMBERS — YEAN, WE HAVE THAT A PROBLEM OF BEING SHUT CLEAR OFF OF WHERE NO WATER.... COMMISSIONER MCCOWN- THAT'S A PROBLEM FOR YOUR DITCH RIDER ISN'T IT? DENNIS CHAMBERS — Do WHAT? MRS. CHAMBERS — THAT'S A PROBLEM FOR THE DITCH RIDER. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 22 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtMISSIONERS PUBLIC MEETING JUNE 17, 2002 DENNIS CHAMBERS — No, IT'S NOT A PROBLEM FOR THE DITCH RIDER, IT IS THE PROPERTY OWNERS. COMMISSIONER MCCOWN — IT'S SURE NOT OURS, ONCE IT ENTERS HIS PROPERTY IT'S BECOMES A CIVIL MATTER I WOULD ASSUME. DENNIS CHAMBERS —THAT'S WHAT IT'S GOING TO. MRS. CHAMBERS — DON'T WORRY ABOUT IT. CHAIRMAN MARTIN — OTHER QUESTIONS OF MR. CHAMBERS? ANY QUESTIONS TO MR. CHAMBERS? COMMISSIONER MCCOWN — No. COMMISSIONER STOWE — No. CHAIRMAN MARTIN — ALL RIGHT, THANK YOU VERY MUCH. UNIDENTIFIED SPEAKER— FIRST I'M BITCHING ABOUT I CAN'T HEAR YOU, AND NOW I'M TOO LOUD. MY NAME IS LAVONNE SNYDER, I LIVE AT TWO -SEVENTEEN (217) COUNTY ROAD TWO -TWENTY-FIVE (225) AND UH, JUST RIGHT HERE AT THIS MEETING THERE WAS A, I BELIEVE ON LOT Two (2), I'M, IS THAT NORTH OF THE PARRINGTONS? UNIDENTIFIED SPEAKER— YEAH. LAVONNE SNYDER — I HAVE A SMALL MAP SHOWING THAT I OWN TWO -POINT - ZERO -ZERO (2.00) ACRES. THERE'S, WAS THERE A DISCREPANCY HERE ON... CHAIRMAN MARTIN — NOT ON YOUR PROPERTY. LAVONNE SNYDER — WAS THIS ON OUR PROPERTY, THE EXEMPTION PRIOR NORTH TO OUR PROPERTY, WHICH WOULD BE .... Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 23 PROCEEDINGS -OF THE GARFIELD COUNTY BOARD OF tit MISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — THE CHANGE DOES NOT AFFECT YOUR PROPERTY, ONLY THE PROPERTY THAT THE APPLICANT IS ON. LAVONNE SNYDER— OKAY. UH, ALSO IN NOTING THIS MAP, UH, BUT I'M SURE IT'S ON COUNTY RECORDS, THE UH EASEMENT LINE BETWEEN US AND THE PARRINGTONS UH IS NOT AN EXACT EASEMENT LINE, IT'S ACTUALLY A LINE FENCE WHICH SHOULD BE SHARED BETWEEN TWO (2) PROPERTY OWNERS. WITH ALL THESE SURVEYS THAT GO ON OVER ALL THIS TIME, THAT PROPERTY LINE IS OFF ON THE SOUTHWEST CORNER AND COULD GO AS FAR AS FIVE (5) FEET OVER ON US, WHICH IT SHOULD BE ON THE PARRINGTONS. IN THAT IMMEDIATE AREA THERE WAS A SEPTIC SYSTEM PUT IN BETWEEN YOUR BARN AND OUR FENCE LINE. IT'S IN MY BELIEF THAT THAT LEACH FIELD SHOULD BE TEN (10') FEET OFF OF THE PROPERTY LINE, IF THAT IS CORRECT. IF THAT LINE MOVES, THEN THEIR LEACH FIELD IS ON OUR PROPERTY. Now FURTHER THAT LEACH FIELD WAS PERMITTED OR NOT BY THE COUNTY OR WHOEVER DOES THAT, I DO NOT KNOW. UH, I HAVE TO AGREE WITH, I NOTICE THERE'S NOT A LOT OF PEOPLE THAT SHOWED TODAY THAT ARE HAVING IMMENSE WATER PROBLEMS UH, WE'RE NOT GAINING SATISFACTION FROM THE DITCH COMPANY, AND, WE'VE HAD THE DITCH COMPANY ATTORNEY ON THIS AND WE WOULD REALLY LIKE TO BE GOOD NEIGHBORS AND NOT BRING IN OUR OWN ATTORNEY WHO HAS ALSO BEEN CONTACTED. WE PAY OUR ASSESSMENT AND WE WOULD LIKE TO RECEIVE OUR WATER THAT'S, THIS IS A TWENTY -FOUR -SEVEN (24-7) DITCH, WE DO NOT NEED WATER TWENTY- FOUR HOURS (24) A DAY. AH, AS OF THE OTHER DAY, WE'VE HAD WATER TWICE IN THIS IRRIGATION SEASON. UH, WE HAD A MEETING ON DITCH THE OTHER NIGHT AND WHICH THAT HAS BEEN RESOLVED ON FLOOD WATERS, WE HOPE. BUT, ACCORDING TO MY LETTER, Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 24 PROCEEDINGROF THE GARFIELD COUNTY BOARD OF *MISSIONERS PUBLIC MEETING JUNE 17, 2002 WHICH IS AN EXHIBIT, WE WOULD LIKE TO HAVE ALL OF THIS LOOKED AT PRIOR TO THE APPROVAL OF SUBDIVISION. AND, SO WE CAN ALL BE GOOD NEIGHBORS AND TO GET ALONG. WE HAVE A PROBLEM ON THE PROPERTY LINE BETWEEN THE TWO (2) PROPERTIES, THERE'S AN IMMENSE AMOUNT OF HORSES. WE HAVE PUT IN NEW FENCE TO KEEP OUT THEIR DOGS. THE LINE FENCES ARE BEING BROKEN DOWN BY THE HORSES, THERE IS NO ELECTRIC FENCE OR ON THE LINE TO KEEP THE HORSES FROM GOING OVER THE FENCE. THESE ARE ISSUES THAT WE NEED TO HAVE RESOLVED. WE ARE GOOD NEIGHBORS AND WHAT TO CONTINUE TO BE SO. THANK YOU FOR YOUR TIME. CHAIRMAN MARTIN — THANK YOU VERY MUCH, ANY QUESTIONS? COMMISSIONER MCCOWN — No. COMMISSIONER STOWE — No. CHAIRMAN MARTIN — ANYONE ELSE IN THE AUDIENCE WISH TO GIVE ANY TESTIMONY. ALL RIGHT. JOHN, DO YOU HAVE ANY RESPONSE THAT YOU'D LIKE TO... JOHN SAVAGE — WELL, I THINK THE ONE THING WE CAN DEAL WITH AND SHOULD DEAL WITH IS UH, THAT THE DITCH RIGHT OF WAYS NEED TO BE SHOWN ON THIS PLAT. UH, THERE'S A LITTLE CONFUSION ABOUT BUT I THINK LARRY PICKED UP ON IT THAT THE PROBLEM ISN'T THE ADMINISTRATION OF THE CACTUS VALLEY DITCH, THERE'S A SHARED LATERAL, BASICALLY, OUT OF THE FOUR PEOPLE SHARE THE HEAD GATE AND IT'S ADMINISTRATION OF THAT LATERAL THAT'S AT ISSUE AND IS, AND WE ALL KNOW THE DITCH COMPANY, I DON'T WANT ANY PART OF THAT PROBLEM. AND, I DON'T THINK THE COUNTY, THE COUNTY COMMISSIONERS SHOULD GET INTO THE ADMINISTRATION OF THE WATER TO, WE SHOULD ON THIS PLAT SHOW THE DITCH RIGHT OF WAYS. So THAT THAT Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 25 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF I:OMMISSIONERS PUBLIC MEETING JUNE 17, 2002 WATER CAN PASS THROUGH TO LOT Two (2) AND THE CHAMBERS PROPERTY, HOW THAT WATER GETS ADMINISTRATED BETWEEN THOSE PEOPLE, AND WHAT THOSE PROBLEMS ARE, UH, IS BEYOND THE SCOPE OF THIS PROCESS. UH, WE WILL CHECK MS. SNYDER'S PROPERTY LOCATION ISSUES UH, AND AGAIN, WE'LL DEAL WITH HER IN GETTING HER A DITCH RIGHT OF WAY. CHAIRMAN MARTIN — BOTH WITH THE FENCE AND THE LEACH FIELD ISSUES THAT SHE JUST BROUGHT UP. JOHN SAVAGE — I'M SORRY WHAT? CHAIRMAN MARTIN — BOTH WITH THE FENCE LINE AND THE LEACH FIELD. JOHN PARRINGTON — WE GOT A PERMIT FROM THE COUNTY WHEN WE DID THAT LEACH FIELD AND STUFF, WE'RE OVER FIFTEEN (15') FEET SO THAT TEN (10') FOOT SHOULDN'T COME INTO PLAY. MR. HACKETT OF YOUR OFFICE CAME AND APPROVED IT, AND EVERYTHING LIKE THAT. UH, WE SHOWED HIM WHERE THE BOUNDARY LINES WERE AND STUFF LIKE THAT SO I DON'T THINK THEY'RE EVER GOING TO COME INTO PLAY. JOHN SAVAGE — OTHER THAN THAT AND RESOLVING THE ACREAGE ISSUES AND THE WEST BOUNDARY LINE WITH THE HANSONS, UH, WE HAVE NOTHING FURTHER. CHAIRMAN MARTIN — ALL RIGHT, THANK YOU. ANY OTHER COMMENTS FROM THE PUBLIC? ALL RIGHT. STAFF HAVE EVERYTHING, FRED? FRED JARMAN — YEAH. CHAIRMAN MARTIN — DON, DO YOU HAVE ANY ISSUES THAT YOU WISH TO CLARIFY? DON DEFORD — No. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 `Transcript Page 26,v 11 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS PUBLIC MEETING JUNE 17, 2002 CHAIRMAN MARTIN — ALL RIGHT. BRING IT BACK TO THE COMMISSION. FRED JARMAN — MR. CHAIRMAN, CHAIRMAN MARTIN — YES, FRED. FRED JARMAN — JUST FOR THE RECORD, I ALSO HAVE PROVIDED, UH, THE BOARD WITH A RECOMMENDED MOTION ON PAGE TEN (10) FOR WHAT IT'S WORTH. CHAIRMAN MARTIN — ALL RIGHT. WE STILL HAVE THE PUBLIC HEARING OPEN, I HAVEN'T HAD A MOTION TO CLOSE IT YET SO, WE'RE WAITING FOR QUESTIONS. COMMISSIONER STOWE — IS THIS A PUBLIC HEARING OR A PUBLIC MEETING. CHAIRMAN MARTIN — A MEETING, I'M SORRY. WE HAD SO MANY PUBLIC HEARINGS TODAY, COMMISSIONER MCCOWN — I GUESS FRED, I'D LIKE TO ASK UH, WE NORMALLY HAVE SOME BOILER PLATE IN HERE REGARDING WELLS, UH AS FAR AS TESTING ON QUANTITY AND QUALITY AND I DON'T SEE THAT IN HERE. AM I MISSING IT? FRED JARMAN — No, THAT'S CORRECT, THAT'S WAS ONE OF MY LATER COMMENTS TO ADD TO THE CONDITIONS OF APPROVAL, THAT ONCE THAT THOSE WELLS GO IN, THEY HAVE TO DO THAT, THEY HAVE MADE THE REQUEST HOWEVER, WHENEVER LOT ONE (1), WHICH IS STILL THE PARENT LOT, IF I'M CORRECT AND YOU CAN FURTHER ARTICULATE THIS, WHEN THAT IS FINALLY CREATED BY THE SUBDIVISION THAT WELL PUMP TESTING DOESN'T HAVE TO HAPPEN ON THEIR EXISTING WELL, ON THAT, I BELIEVE THAT IS ONE OF YOUR REQUESTS. JOHN SAVAGE — YEAH, I MEAN, THE WELL TESTING, WHICH IS NORMALLY IN HERE, IS NOT INCLUDED, THEREFORE I DIDN'T ADDRESS THAT ISSUE. BUT, IF IT IS TO BE INCLUDED Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 27 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF AtM1SSIONERS PUBLIC MEETING JUNE 17, 2002 THEN WE'D ASK THAT LOT, THE EXISTING WELL ON LOT ONE (1) BE EXCLUDED SINCE THAT'S WELL'S BEEN IN LONG EXISTENCE AND ON USE. UH, ADDITIONAL TESTING DOESN'T, ISN'T WARRANTED. FRED JARMAN — To ANSWER YOUR QUESTION, I'LL GET THAT INFORMATION IN THERE AS A CONDITION OF APPROVAL. CHAIRMAN MARTIN — OKAY. COMMISSIONER MCCOWN — I'D MAKE A MOTION THAT WE APPROVE THE EXEMPTION FROM SUBDIVISION AND THE AMENDED PLAT FOR THE EXCEPTION LOT FOR JOHN AND NILA PARRINGTON WITH CONDITIONS ONE THROUGH THIRTEEN, (1-13), THIRTEEN (13) BEING THE BOILER PLATE THAT WE USE ON OUR WATER RESTRICTIONS ON QUANTITY AND QUALITY, ALSO EXEMPTING THE WELL THAT SERVES LOT ONE (1) IN IT'S ORIGINAL STATE FROM THAT, AND THIS WILL BE FOR THE NEW WELLS BEING PERMITTED, AND THAT ALL TESTIMONY OF THE APPLICANT AND THE ATTORNEY BE CONDITIONS OF APPROVAL. MARK BEAN — WHAT ABOUT THE ACCEPTING OF THE PLAT NOTES FOR THE EXCEPTION LOT? COMMISSIONER MCCOWN — YES, THAT WOULD BE INCLUDED AS WELL AS, AND I THOUGHT MAYBE I COVERED WITH MY MOTION ON THE UH, ATTORNEY'S TESTIMONY THAT UH, THE FINAL PLAT WILL ALSO INCLUDE DITCH RIGHT OF WAYS, ACCESSES, ALL OF THOSE NECESSARY THINGS THAT HAVE TO BE PRESENT. COMMISSIONER STOWE — WITH THAT EXPLANATION, I'D SECOND THAT MOTION. CHAIRMAN MARTIN — ALL RIGHT. STAFF NEED ANY MORE CLARIFICATION? Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nita Parrington Public Meeting held on June 17, 2002 Transcript Page 28 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF APMMISSIONERS PUBLIC MEETING JUNE 17, 2002 FRED JARMAN — No THANKS. CHAIRMAN MARTIN — ALL RIGHT. JOHN JOHN SAVAGE — ARE WE STILL REQUIRING AN AMENDED PLAT? NUMBER THREE (3)? CHAIRMAN MARTIN — WHICH WAS THE ITEM THAT WAS DISCUSSED. COMMISSIONER MCCOWN — No, I THINK UH, THAT YOU AND THE COUNTY ATTORNEY REACHED AN AGREEMENT ON THAT ONE, THAT THAT ONE WAS NOT NECESSARY. DON DEFORD — THAT WAS NOT NEEDED FOR THAT ONE. CHAIRMAN MARTIN — AND THE EXPLANATION OF EIGHT AND TEN (8 AND 10) WERE ALSO WITHIN THAT TESTIMONY I THINK THAT WE REACHED CONCLUSIONS ON THAT AS WELL JOHN. JOHN SAVAGE — OKAY, AND ALSO, OKAY, OKAY, I MISSED THAT PART OF THE ..... CHAIRMAN MARTIN — I'VE GOT THOSE MARKED DOWN AS WELL. COMMISSIONER MCCOWN — THAT WAS PART OF THE TESTIMONY TAKEN. JOHN SAVAGE — OKAY. CHAIRMAN MARTIN — ALL RIGHT. ANY OTHER DISCUSSION? ALL THOSE IN FAVOR. COMMISSIONER STOWE — AYE. COMMISSIONER MCCOWN — AYE. CHAIRMAN MARTIN — AYE. ALL RIGHT. A LOT TO LIVE UP TO, LET'S SEE IF WE CAN GET THIS PLAT AND EVERYBODY ELSE TAKEN CARE OF. COMMISSIONER MCCOWN — THANK YOU. Request to Consider Parrington Exemption to Subdivide a 41.910 -Acre Tract of Land into Three (3) Parcels. Applicants: John and Nila Parrington Public Meeting held on June 17, 2002 Transcript Page 29