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HomeMy WebLinkAbout1.0 ApplicationBEFORE•HE BOARD OF COUNTY COMMISSIONS• OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the undersigned Joseph Piegel respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 40 acre tract of land into 4 tracts of approximately 9 18.5, 4.5, and 7_45 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) A parcel of land situated in Section 28, T7S, R87W, of the 6th P.M. being more particularly described as all of the SW4NW4 of said Section 28 except that part conveyed to the Board of County Commissioners by instrument recorded February 6, 1931, in Book 159 at Page 217 of the records of the Clerk and Recorder of Garfield County, Colo. from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: Provide additional homesites while keeping rural residential density. Less dense than neighboring subdivisions. In support of this petition, the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access - Exhibit "A" attached. (b) Copy of deed - Exhibit "B" attached. (c) Vicinity Map - Exhibit "C" attached. (d) Statement on source of domestic water- Exhibit "D" attached. (e) Statement on method of sewage disposal- Exhibit "E" attached. (f) 100 year floodplain information where live stream crosses or adjoins said tract (g) Fee in the amount of $ 90.00 Submitted at Glenwood Springs, Colorado, this 20 day of July titioraer Joseph F. Box 67 , 19 79. Mailing Address Woody Creek, Colorado 81656 923-2017 Telephone Number RICHARD D. LAMM Governor • 1878* Lf Au DIVISION OF WATER RESOURCE rlri, Department of Natural Resources I��j 4 1313 Sherman Street - Room 818 �• • Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 August 1, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Piegel Exemption Dear Mr. Baldwin: 1979 �C%f C.J. KUIPER State Engineer We have reviewed the material submitted for the above referenced application for exemption. The developer proposes to use individual wells for the water supply which would intercept ground water tributary to the Roaring Fork River at a point where there is still water available for appro- priation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of the Piegel Exemption. Very truly yours, 7A6/(z_ e zre- Bruce E. DeBrine Deputy State Engineer For: Dr. Jeris A. Danielson Deputy State Engineer BED/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Recorded at .. Reception No EXHIBIT "B" o'clock M., THIS DEED, Made this day of between David Stacey as to an (Joan Bogert Stacey, as to an j Tenants in Common ,19 79 r undivided 1/100 an undivided 99/100,_ of the County of and State of Colorado, of the first part, and Joseph F. Piegeland Robert J. Piegel whose legal address is of the County of Colorado, of the second part: and State of Recorder. WITNESSETH, That the said part1e gf the first part, for and in consideration of TEN DOLLARS and other good and valuable consideration to the said part 1es of the first part in hand paid by said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part ie sof the second parttheil irs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6th P.M. SECTION 28: 11($0,4)6A1001X11/ SW1/4NW1/4 EXCEPT that part conveyed to the Board of County Commissioners by instrument recorded February 6, 1931 in Book 159 at Page 217. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said parties of the }second part,theitheirs and assigns forever. And the said partleS of the first part, for them sel ves, h�{gs;'executors, and administrators, do covenant, grant, bargain, and agree to and with the said part ies of the second partthelrheirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind of naturesoever. EXCEPT taxes for the year 1979, payable in 1980; SUBJECT to reservations as contained in United States Patents recorded in Book 73 at Page 3 of the records of Garfield County, Colorado; easement as contained in instrument recorded in Book 442 at Page 147 of the records of Garfield County, Colorado; (over) it and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto sett.heilnand S and seal S the day and year first above written. STATE OF COLORADO. County of The foregoing instrument was acknowledged before me this • 1979 ,by David Stacey and Joan Bogert My commission expires bid Stacey Joan Bogert Stacey Stacey ,19 day of (SEAL) (SEAL) . Witness my hand and official seal. Not.r No. 932 WARRANTY DEED.—For Photographic Ruoord—:1 1978 Bradford Publishing Co., 1846 Stout abort. Denver, Colorado(573-5011) 5-79 • • EXHIBIT "D" Water to be conveyed to sites B, C, and D by existing well. One new well to be drilled on tract A and serving only one house. Water report by Water Engineers attached. • • JOHN F. COWAN GROUNDWATER GEOLOGIST PO. Box 1307 Carbondale, Colorado 81623 Telephone 303 963- 2400 July 18, 1979 Mr. Joseph F. Piegel 2080 102 Road Carbondale, Colo. 81623 Dear Mr. Piegel, With this letter, I am relaying to you what information I have regarding the water well on Missouri Heights formerly owned by David Stacey. During the month of October 1978, Mr. Stacey and I ran an informal pumping test on the well. The well was pumped for a period of about one half hour at a rate of approximately 20 gallons per minute. The water level in the well was measured with an electric probe prior to and during the pumping. This level was 160 feet below ground surface before pumping and I could see no noticeable "drawdown" or decline in water level as the well waa pumped. Mr. Stacey's well is 300 feet in total depth. Reportedly the well driller first encountered water at about 260 feet. The fact that the water level in the well rose some 100 feet indicates that the aquifer is overlain by some confining strata or is "semi—artesian" in nature. Typically, wells which are under semi artesian pressure • • —2— exhibit only small yearly declines in water level.until enough water has been withdrawn to relieve the pressure. After that a much faster yearly drop in water level is usually seen. If you have any further questions please don't hesitate to call. Very truly yours,, John F. Cowan Ground plater Geologist EXHIBIT "E" Individual sewage systems for each individual lot as per County Specifications. 'RINGS 17 MI 0 02 EXHIBIT "C" 4562 I NW ICARBONDALEI if% 4 O 2 fi /:� 'lilt /% O .r- r- - 7 - . � J ) N. r oP d • — •., d w+4.12. roas{ 300 X 131 MIWT 'P9 " :i=z {�/ r ` � -� ( rl.6s 3,C3,.h; .J f•.:�! �. C W.f s.s 1 ut it. 4t ,3' Gxtsr�wV '� + WALL N TM(T 13 1, „ 1-1 yp,X oia • 4Q (1.o1.tse 1420 iMcr "D "y6 Acme w'l� ar .28, ►. 7S. ,,rs7W,(� HO c es I hereby certify that this Improvement location Certificate was prepared by rye, the improvement locatior being based on a previous property .sur- vey that has been rnonumented by others, and that it isnot to be relied upon for the establishment of fence, building, or other future improve- ment lines. I further certify that the improvem'nts on the parcel of land described below on this date, 5 July 1979. except utility connections, are entire- ly within the boundaries of the parcel, except as shown, that no encroachm,,nts upon the described premises by i^T roveme onhere are p nes any ad- joining premises, except as indicated, at there is no evidence or sign of any ea;'ement crossing or bur Tijrp- n. •pert of said parcel, ex - .sept as noted. ,� • - I. . lincicorne t • L.F. 14111~' • legal Le • rineYor, A parcel of lsnd situated in :section 28,`r./ F,, being more particularly described as all of the S'w1rx* of said`Section 28 except that part conveyed to tie Board of County Commissioners by instrument recorded February 6. 1931 In Book 159 at rage 217 of the records of the Cler and recorder of Garfield County, Colo. R.87W. of the SURVEY PLAT B L/NES IN SPACE SYDNEY L /NC/COME (LS /4///) BOX 121 CARBONDALE COLO. 303-963- 3852 a_� i� 5.L.c19'79 N No../ -O. q...2 a. QUIT -CLAIM DEED. The C. F. Ilneekel Blank Book h Litho. Co., Denver, Colo. 00373 ttbts $leeb, Made this .............. hundred and ..=-ti , between , in the year of our Lord one thousand nine of the County of ._594,1 Add d ., and State of Colorado, of the first, part., and .024 .0/G7YL4.a .. 0z-14,,... .. 6-4144„,A4,0_, ,,-2,,44.40 Q.I.t. f .•21-ce-c4,2-o-0-7-0 1.1,. r -t of the County of 9Q2t ..L.tLA..__ , and State of Colorado, of the second part. WITNESSETH TI .t the s. id part._ of the fi st part, for and in consideration of the sum of ..�GL1L_.d.....fJl to .c4.. Oz�isn. tao -a -Q a4,4...0a.6.4. _e. 66/x tri -rte. ;;;,:,;,TftB, e said part. ... of the first part, in hand paid by the said part.. ..... of the second part, the receipt whereof is hereby confessed and acknowledged, ha.A....... remisq/I, released, sold, conveyed and QuiT-.c.Lzwyjo, a by these presents do `-a" remise, release, sell, convey and QUIT -CLAIM unto the said part.. of the second part; +unl.P�"6"O"ali l signs forever, all the right., title, interest,, claim and demand which the said part..y. of the first art ha.., in d to the.following described ...a.04...mL/'11.3yA1..t1.4.. -4.' .y�e.�,.. situate, lyi g and being in the County of ...... r ..(✓L. ..4.144 , and Statc'of Colorado, toot it: ail t1,4 to n� 7 iir., al % 7 eh. -)7,0/4, r�i ,a, i,.. a e,, A? a.7.. R 8,1o. e� D64 (o YAC P?Jr. ca a,r tom..:,. R e, -'t. ,r,.. X5-4,„47 z o (.1,:, 1!/1(iµ ! w- + a.�i d) Gam. -e a a, .a t -.a4. A , ec�c r i _.qi. ht i cva.f t,v a ./.1.6-,14 .2 a e...i- e,,. • ecz .o 7.a. I, i 6.(/j. 7 ca -a. /' H.�-o,,. L 7 40.142 44,', oz -ti.. fads a..-.7- C° a,»,. (J �o-ad e.-C�o-K y LQ<_ G�.-e 4,ca St ¥o -,,.t ,, 4, . /4, 0 e.P_e et -",,,. 4/, 097.5,4? 8 ,w, ; z is..„ -,... g _ L .E,....e .z a0 a et -J1 7 w.--4 /2 vi, a/M e a, -Cw..c_ I dr1.,•c.AG et art,o a o 4.-4 zy, ../ dtrylecf` 0/ ni...,,•o+...&,o W. ,3/� .5- Z- w.�`o,,.., /; / ti4,6c.4,, P0-2e,to"y 7, ti -t- "144' % 7 Z Q % 7.a cam.gs '4 0-12 '° c , 5. $1 da/zu,o 7/ 471-vvr-o w . + 3471 • .�...ct . /s Ph e 4-€.--4 ,a4 6& 7 e . C_ iv -G ra.3 o/-4-4-$ 1-17 a.-7, /u�..,_al 44-7 e erg /.-¢ • . 89 / 7'rn-M.e244, .5-6, frs t d-fv.,, .6--; S 77c& o 7.727. wGeo €. 8Y8 #-"X- za o.,, ; 5. 79 dogt� 4-3,177-L-7:4-6- o 2 a4 9 c tgata.4,,, 2 alao a .a..y..',.v A- .2,-g d, t 6 Co. e 0-',-.4,-,,vere ituy17/4? amu. 7 S .e.c4 .n, 2 /, x°t-,..,� „,a.._2„ 7 .sa n, o>Z ati..as .s -o( .-e a ate, f �o/,. 9 Flu •t. 441 a...4 nt o,Z.( ,Clad- % . - a-u,..e ....1.,e.. fie. a.' . IfLa a 0 7g a-44.,(.. to ,o ,C po:..,,., v.,. /� h % ' e_ .04.4:A %L GILL. 411 14:6 GW '1C(/ ,>' u a7 C .. CSf�liy e G-../ T•4 Go'GW-v, 7 4;,„ e , 6OQi+...:e Cir,..6t 8 oy.�`t l w -r ,. ,...- 4' .2./05- ry a- c,r_x,r7-i^ryy , a -0-7.4c Y -e2"2-0 (� a0, de q?u,O S! ilyi vyr,s.?�. 35�,¢ecvndo eci, /3//.ssueeX e.5",.t,,.. ttl TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances theeent.o appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part.7. the only proper use, benefit and behoof of the said part? of the second part,sC'v/ 1 IN WITNESS WHEREOF, the said par?.. ..... of the first part hato hereunto set above written. 00 ^L and privileges thereunto belonging, or in anywise of the first, part, either in law or equity, to anQl a signs forever. hand.... and seal.... the day and year first, SIGNED, SEALED AND DELIVERED 104 PRESENCE OF �1/Wo STATE OF�O Ca / o rvr,A , J Q � � /J ss. t AUNTY OF G11� f,l✓1�+L(Co. 1, r 4J 4,144A. Wy ^ f-'�l in and for said County, 7n the State aforesaid, do hereby certify that._ ..6A.e .eh dV-ua . [SEAL] __. [SEAL] [SEAL] [SEAL] personally known to inc to be the person.... whose na, e.... IA subscribed to the foregoing Deed, appeared before me thl•s,Slay in person, and acknowledged that ....w`?. signed, sealed and delivered the said instrument of writing lain,/ as ....... . ........ free and voluntary act, for the uses and pu Given under my hand and ?f P-6,74 seal, thi A. D. 19._3L.. My commission expires - 'CV Filed for record the @ day of D14 rposes therein set forth. s 6e4 day of 19./... c7 e it ct y . , e4 � r�jozi. ,A.D.19.51..,at %ryy o clock f • M. 140-K , RECORDER. , DEPUTY.