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HomeMy WebLinkAbout1.0 Application• LV1tiSJUi,LkS Uf 110 CARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979 Section 2.02.01 (d) and 3.02.01 the undersigned William A. and Delia E. Porter respectfully petitioners the Board of County Commissioners of Garfield County, Colorado, to exempt by resolu- tion the division of 35 acre tract of land into three(3) tracts of approximately 4,8, & 23 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: The subdivided parcels are split by natural features preventing ioint use of__ proposed tracts and the division occurs along those natural features. Natural features are two year -around water drainages as noted on USGS map enclosed. In support of this petition, the petitioner also submits the following: A. Map drawn to scale showing proposed lot subdivision and access. B. Copy of deed C. Vicinity map D. Statement on source of domestic water E. Statement on method of sewage disposal F. 100 year floodplain information where live stream crosses or adjoins said tract G. Evidence of the soil types H. Copy of Assessor's map showing the property I. Practical description of property location J. Fee in the amount of $ &5.(C K. $200.00 fee for each new lot created Submitted at Glenwood Springs, Colorado, this 28 day of November , 19 83 Wut6-e„ )/1?1,761,— Petitioner Mailing Address • FXFf1PT ON et9„506,5 /n1 NAME: kfLata a)1 PURPOSE OF EXEMPTION:2(O.ef(A �'A, - r)a ,t a ury, ZONING: /1,j e_/e,i QUALIFICATION FOR S.B. LOCATION O F SITE: /O 6c.44`/.1 ai(2, a.cD7 WATER: ,12,,/,;5 Ll -LO ill D. OF t,ATE RE IVE RE OivS&'"�,, SEWER: , Z---(51 CHECK LIST: PAID ($50 +1.00/acre for each L..„ -MAP showing proposed lots and VDEED FaciImo/ gc parcel created under 35 acres) access ICINITY MAP AM -100 yr floodplain info. SOIL MAP �rIF community water, letter of approval from governing body COMMENTS: ,f/�,�//) hL� ,�jf! i V ' 1. JIFF �./ -e-- - / OW(f ox r -Let ha_e bee4-) ot /9 sa W/77.5ta C &) 1,1uAL, November 28, 1983 iI Board of County Commissioners 201 8th Street Glenwood Springs, Co. 81601 Dear Commissioners: The attached PETITION FOR EXEMPTION is submitted with the following information in order to fully complete the application requirements. Source of Domestic Water: Existing well which currently serves three households, one use which will be discontinued and used on parcel without existing home. Sewage Disposal: County approved septic and leach field system 100 YR Flood Plain: NA Practical Description of Approximately 10 miles south of Silt on Co. Rd. Location: 342; adjacent to West Divide Creek Road. Fees: $85.00 enclosed. All other required information is attached to this letter. Any questions please call 876-2471 and ask for Bill. Encl./ application requirements Sincerely, Willaim A. Porter Della E. Porter • • N j5O' ScAtE — FENce BOLIN Doitaj SE TMG)( DRA./NAGE .Boca NDi9 R� Q LDG. E VELo PP id/P44 DRAiN46E A 33 Ta C.E P.LINE N Lu Co. RQ 331 r L • • r aa& 1 • • • Reception No, __ THIS DEED, Made this 23 day of January 1984 , between WILLIAM PORTER AND DELLA PORTER of the said County of GARFIELD .iCOLORADO I j ' j Colorado, of the first hart, and WILLIAM PORTER i 3 qc and Slat,' of whose legal address is 0900 342 Rd., Silt, Co. 81652 Recorder. 1.'11.1N( STAMP of t he said County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten dollars and other good and valuable consideration--- DOLLARS, to the said party of the first part in hand paid by the said party el' the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs .and assigns forever, all the following described lot or parcel of land, situate, lying and being in the t'uunty of GARFIELD and State of Colorado, to -wit: as described on Exhibit "A" attached hereto and incorporated herein by this reference also known as street and number 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 party 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 party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful 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 or nature soeven except and subject to general property tax es for 1984 payable January 1, 1985; easements and rights of way of a public or private nature; prior oil, gas and mineral reservations and U.S. Patent reservations and exceptions of record; and building and zoning regulations. and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders. iN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO County of C 4rt_�u The foregoing instrument was acknowledged before me this F2n/t; _ ___ [SEAL] William Porter 1SEAL1 Della Porter 19 84,by William Porter and Della Porter • My commission expires (SEAL] day Of January ss my hand and official seal. Notary Public. No. 932A. WA RRANTY DEED. — For Photographic Record. - Bradford Publishin8, 3823 W. 6th Ave., Lakewood, CO 80214 —(303) 233-6900— 12-81 • EXHIBIT "A" �aND MQ,p4' �j{;+ C"'' 1 42\ 7' COLORADO A parcel of land situated in the NE4SW1/4 of Section 23, Township 7 South, Range 92 West of the 6th Principal Meridian, more particu- larly described as follows: Beginning at the SE Corner of the NE4SW1/4 Section 23, Township 7 South, Rnage 92 'lest of the 6th Principal Meridian thence S89° 22'01"W 1323.73 feet to the SW corner of said NE4SW1/4; thence N00°01'37"E 831.64 feet along the West line of said NE4SW4 to a point on the Centerline of the West Divide Creek Ditch; thence following the center of said ditch the following eleven courses: N46° 56'00"E 52.70 feet; N43°29'51"E 57.58 feet; N48°54'34"E 103.48 feet; N48°13'16"E 105.03 feet; N46°44'17"E 34.44 feet; N69° 48'39"E 35.86 feet; N48° 14'05"E 54.90 feet; N34° 11'57"E 41.54 feet; N16° 37' 42"E 23.33 feet; N06° 58' 39"W 68.46 feet; N42028'14"W 9.17 feet; thence N89°14'21"E 976.31 feet leaving said center of ditch to a point on the East line of said NE4SW1/4; thence S00°07'10"W 1249.71 feet along the East line of said NE4SW1/4 to the SE Corner of said NE4SW1/4 the point of beginning. Said parcel of land contains 35.860 acres more or less. P.O. Box 883 • RIFLE, COLORADO 81650 • (303)625-3540 a \AN 4t /NSET SC.4G.E. /"• 600' 5E' r 0&f z. 75., R 9 k/ 1 WRJ-25-75 TYPE OR PRINT IN BLACK INK COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. • •,� COLORADO DIVISION OF WATER RESOURCES 0- r, 818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OF GARFIELD SS. JAN 2 3 6.d STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER J 3q491\___ LOCATION OF WELL THE AFFIANT(S) William A. and Della E. Porter co,r,,y GARFIELD whose mailing address is 0819 County Road 342 NE ' of ,he SW a seC1pf 23 City Silt, CO 81652 (SI•TE) /hip) Twp. 7_--__ S , RI,g. 92 W 6th P M ,N OR 51 IE OR WI being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon, the well is located as described above, at distances of 2440 feet from the South section line and 2430 1HORTH ISR sours,) feet from the West section .line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 18th (E•s♦ f)R w15�� day of August , 19.57 .; the maximum sustained pumping rate of the well is 20 gallons per minute, the pumping rate claimed hereby is 20 gallons per minute; the total depth of the well is 1/4164 feet; the average annual amount of water to be diverted is 3.0 acre-feet; for which claim is hereby made for domestic purpose(s); the legal description of the land on which the water from this well is used is NE'SW' Sec. 23, T.7S. R.92W. 6th P.M. of which acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. Signatures) Subscribed and sworn to before me on this.- %q . day of (C= IPLETE REVE SIDE OF THIS FORM) My Commission expires: I SE•1.l AR pue uC', as 7)2 't ACCEPTED FOR FILING BY TH'E STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: ACCEPTmi PURSUANT TO C.R.S. 1973, 37-92-002 (5) FOR USE AS DES GIBED IN C.R.S. 1973, 37-92-602 FEB 2 81984 DATE i,44/ ‘70,1 s fi6r='tr=4 ; Court Case No. Prior. FOR OFFICE USE ONLY Mo. Day YI cty Sec. // ER1 %.Well Use �� S_____�'!1/ ti/ Dist. asln Man, Dis E3 Y Well drilled by UNKNOWN Lic. No. N/A Permanent Pump installed by UNKNOWN Lic. No. N/A Meter Serial No. N/A ❑ Flow Meter Date Installed N/A Owner of land on which water is being used William A. and Della E. Porter THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER I,S USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9)' sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. NORTH + I — + I — + I _ I t - -1- - _ + — + _.._ 1 + — NORTH SECTION .+ LINE — + .1 — + - - WEST SECT - - w + — o i -}. - ,4pRo .x1r.41 1.0C/3770N E + - I ION LINE - -+- - X EAST SECT - -}- _ + _ + ' + — SOUT'H SECTION 1 _ LIME• + — ` + — 1 -�- - THE 4 SCALE OF THE ++ DIAGRAM li IS M TWO INCHES EQUALS -- i le ---•- ONE -MILE + __ WATER e ----•- WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep. • 1 cubic foot per second (cfs) 449 gallons per minute (gpm). 1 acre-foot . . . 43,560 cubic feet . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) 7 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING. 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 TO: Cindy Houben, Planner FROM: Fd Feld, Environmental Health Officer DATE: December 12, 1983 SUBJECT: Letter of Feasibility for Sewage Disposal- William A, and Della E. Porter Petition for Exemption Based on the information received by this office and past experience with sewage disposal facilities in the immediate area of the proposed exemption, this office has determined and believes on-site sewage dis- posal facilities to be both feasible and practical, commensurate with both County and State regulations, provided proper permits are obtained prior to construction. It should be further noted that due to the known conditions, only the following types of on-site sewage disposal systems would be acceptable, provided unforseen problems are not encountered: XX Approved septic tank and subsurface absorption area Approved septic tank and sealed dispersal system Approved septic tank and unsealed dispersal system System designed by a Colorado Registered Professional Engineer Other as specified: 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 Reception No. THIS DEED, Made this 1982 , between • c-- , day of � �•, = , SAN - 0 - LET, Inc., a Colorado corporation of the County of Garfield and State of Colo- rado, olorado, of the firstpart, and William Porter and Della Porter, as joint tenants, whose legal address is 5597 County Road 233, Rifle, Colorado, 81650 of the County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part y of --Ten dollars and other good and • - .- Recorder. RECORDER'S STAMP of the first part, for and in consideration of the sum valuable consideration --- Dollars, to the said part y of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con- veyed, and by these presents d@s grant, bargain, sell, convey and confirm unto the said part ies of the second part,their heirs and assigns forever, all the following described ''i lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: That tract of land described on Exhibit "A" attached hereto alta incorporated herein by this reference, containing 160 acres, more or less, Together with and quit claiming, without warranty, all grazing rights under West Divide C & H grazing allotment White River National Forest for 52 head, And together with and quit claiming without warranty whatsoever, all water and water rights and ditch and ditch rights appurtenant to or used upon or in connection with the above described real property, The ditch and water rights quit claimed hereby being described on Exhibit "B" attached hereto and incorporated herein by this reference. also known as street and number 0919 County Road 342 , Silt, Colorado Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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 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, their heirs and assigns forever. And the said party of the first part, for it self , its heirs, executors and administrators, does covenant, grant, bargain and agree to and with the said partes of the second part,their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said partes of the second part, theirheirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said part y of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set its hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of SAN -O -LET, Inc., a Colorado[SEAL] corporation .SEAL] By: r_ [SEALj STATE OF COLORADO, ss. County of The foregoing instr.umeut was acipowledged before me this �- day of FF�• 1982 ,by /t J /2 ., I/c - as/president of San-0—Let, Inc. My commission expires ,19,572- \''tness my hand and official seal. N'utary Public. No. 16 :1'ECIAL WARRANTY 'EEE). —Bradford Publishing C0..1524-46 Stout Street, Denver, Colorado (6; 3 S011)11-77 EXHIBIT "B" An undivided 2/3 interest in and to the Dennis Enlargement of the West Divide Creek Ditch, all right, title and interest in and to the Dennis Extension of said West Divide Creek Ditch; all right, title and interest of said parties of the first part in and to the Dennis Extension of said West Divide Creek Ditch; and undivided 2/3 interest in and to the water decreed to said Dennis Enlargement and Extension of the West Divide Creek Ditch, from West Divide Creek, by virtue of Priority No. 117E of the Decrees of the District Court of Garfield County, Colorado, for Water District No. 45; an undivided 2/3 interest in and to the Gallagher Waste Water Ditch and an undivided 2/3 of the water rights therein; the former Framk N. Toland interest in and to the Belle Depler Ditch and Water rights which is understood to be an undivided 1/4 interest from head gate of said ditch to the West line of Depler lands referred to in an instrument appearing of record in the office of the Clerk and Recorder of Garfield County, Colorado, as Document No. 29428 in Book 51 at Page 360, and from thence an undivided 1/2 interest with water rights accordingly including a like undivided interest in and to all enlargements of said ditch with the increased water right therefrom and thereby as contemplated in and by said Document, subject to any and all reservations and restrictions therein contained. Together with an undivided 1/4 interest in the West Divide creek Ditch No. 32, in Water District 45, and an undivided 1/4 interest in 2.068 cubic feet of water per record of time adjudicated thereto under Priority No. 42 and an undivided 1/4 interest in 1.17 cubic feet of water per second of time adjudicated under Priority No. 98 in said Water District. • • EXHIBIT A TO SPIXIAL WARRANTY DEED A tract of land situate in the NF}l of Section 23, Township 7 South, Range 92 ,Test of the 6th P.M., being acre particularly described as follows: Beginning at a point whence the Quarter - Corner between said Section 23 and Section 14, Tt nship and Range aforesaid, bears S. 89°17'59"W. 27.5 feet; thence N. 89°17'59" E. 1157.33 feet along the North line of said Sectio 23; thence along a fence line as built and in place on the following courses:S. 28°14'28" W. 498.36 feet; thence S. 12°05'02" W. 315.40 feet; thence S. 08°00'58" W. 368.08 feet; thence S. 59°16'39" W. 219.34 feet; thence S. 03°58'41" W. 119.04 feet; thence N. 89°11'47" E. 337.08 feet; thence S. 22°29'24" E. 106.23 feet; thence S. 02°07'59" E. 589.84 feet; tnr,' S. 16°22'39" W. 30.84 feet; thence S. 22°48'01" W. 282.32 feet; thence S. 03°54'20" W. 80.91 feet; thence S. 08°41'16" W. 134.95 feet; thence S. 11°57'51" E. 104.32 feet; thence S. 88°59'46" W. 745.15 feet; thence leaving said fence line and continuing S. 88°59'46" W. 145.00 feet; thence N. 00°07'10" E. 2633.08 feet to the point of beginning, EXCEPT ANY PORTION THEREOF WHICH LIES OUTSIDE OF THE BOUNDARIES OF THE TRACT CF LAND WHICH IS DESCRIBED AS: Beginning at a point whence the Quarter Corner between said Section 23 and Section 14, Township and Range aforesaid, bears West 27.5 feet; thence N. 88°54' E. 1163 feet; thence S. 27°53' W. 533 feet; thence S. 07°47' W. 426 feet; thence S. 03°31' W. 123 feet; thence S. 22°40' E. 102 feet; thence S. 22°22' W. 308 feet; thence S. 10°53' E. 110 feet; thence S. 10°42' W. 233 feet; thence S. 59°20' W. 219 feet; thence N. 89°15' E. 338 feet; thence S. 02°24' E. 600 feet; thence S. 06°34' W. 208 feet; thence S. 88°54' W. 893 feet; thence N. 00°05' W. 2642 feet, to the point of beginning. ALSO, the MEN W1/4, the SE's; and the South 880 feet of even width of the NEI4NWII of Section 23,' '1b nship 7 South, Range 92 West of the 6th P.M., EXCEPT FOR a parcel of land situated in the northernmost part of said South 880 feet of even width of the 1\41%V.41/4 of said Section 23, being more particularly described as follows: Beginning at the NW corner of said South 880 feet of the NEY•P7'F , whence the North 1/4 corner of said Section 23 bears N. 71°01'41" E. 1409.82 feet; thence N.,89°12'41" E. 1172.00 feet along the North line of said South 880 feet of the NE N4h; thence S. 87°26'23" W. 1173.03 feet along a fence as built and in place; thence N. 00°02'57" W. 36.27 feet along the West line of said South 880 feet of the NvE�NW;, to the point of beginning, containing 0.49 of an acre more or less. • • Recorded at Reception No. THIS DEED, Made this --o'clock M., day of / �,�.� .� , 1992 , between NORMAN H. HUNT and VIRGINIA E. HUNT of the County of Garfield and State of Colorado, of the first part, and SAN -O -LET, INC., a Colorado corporation whose legal address is P .0 . Box 16264 , Denver, CO 80216 of the County of Denver and State of Colorado, of the second part: Recorder. WITNESSETH, That the said partiesof the first part, for and in consideration of --Ten dollars and other good and valuable consideration— DOLLARS to the said parties of the first part in hand paid by said party 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 party of the second part,itS heirs 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: That tract of land described on Exhibit "A" attached hereto and incorporated herein by this reference, containing 160 acres, more or less, TOGETHER with and quit claiming, without warranty, all grazing rights under West Divide C & H grazing allotment White River National Forest for 52 head. AND TOGETHER with and quit claiming, without warranty whatsoever, all water and water rights and ditch and ditch rights appurtenant to or used upon or in connection with the above described real property. The ditch and water rights quit claimed hereby being described on Exhibit "B" attached hereto and incorp- orated herein by this reference. also known as street and number 0919 County Road 342, Silt, CO 81652 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 arfd demand whatsoever of the said parties 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 partY of th econd part, its heirs and assigns forever. And the said parties of the first part, heir for themselves / elrs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said partY of the second part,its heirs and assigns, that at the time of the ensealing and delivery of these presents, 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 general property taxes for 1982 payable January 1, 1983; U.S. Patent reservations and prior oil, gas, hydrocarbon and other mineral reser- vations and exceptions of record; oil and gas leases and any assignments thereof, of record; easements and rights of way of record or as situate or in place and in use; inclusion in any special or general assessment districts; and building and zoning regulations. and the above bargained premises in the quiet and peaceable possession of the said part Y of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said paries of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part ha Ve hereunto set theil>rands and seal S the day and year first above written. �= STATE OF COLORADO, ss. County of GARFIELD he foregoing instrument was acknowledged before me this ? ,b. Norman H. Hunt and Virginia E. Hunt cni:nission expires tic /:3./ 7 / or�tlan H Dunt (SEAL) (SEAL) (SEAL) Virgirn Ja E. Hunt 7G � / JLen // j Cr' c -/J- day of 7F' �ittcc , 19(5- 7 . Witness my hand and official seal. -_tom olar WARRANTY DEED.—For Photographic Record— Bradford Publishing Co., Denver, Colorado 11-79 EXHIBIT A TO WARRANTY DEED A tract of land situate in the NEi of Section 23, Township 7 South, Range 92 West of the 6th P.M., being rrore particularly described As follows: Beginning at a point whence the Quarter - Corner between said Section 23 and Section 14, Township and Range aforesaid, bears S. 89°17'59"W. 27.5 feet; thence N. 89°17'59" E. 1157.33 feet along the North line of said Section 23; thence along a fence line as built and in place on the following courses:S. 28°14'28" W. 498.36 feet; thence S. 12°05'02" W. 315.40 feet; thence S. 08°00'58" W. 368.08 feet; thence S. 59°16'39" W. 219.34 feet; thence S. 03°58'41" W. 119.04 feet; thence N. 89°11'47" E. 337.08 feet; thence S. 22°29'24" E. 106.23 feet; thence S. 02°07'59" E. 589.84 feet; thence S. 16°22'39" W. 30.84 feet; thence S. 22°48'01" W. 282.32 feet; thence S. 03°54'20" W. 80.91 feet; thence S. 08°41'16" W. 134.95 feet; thence S. 11°57'51" E. 104.32 feet; thence S. 88°59'46" W. 745.15 feet; thence leaving said fence line and continuing S. 88°59'46" W. 145.00 feet; thence N. 00°07'10" E. 2633.08 feet to the point of beginning, EXCEPT ANY PORTION TSF WHICH L]IS OUTSIDE OF THE BOUNDARIES OF THE TRACT CF LAND WHICH IS DESCRIBED AS: Beginning at a point whence the Quarter Corner between said Section 23 and Section 14, Township and Range aforesaid, bears West 27.5 feet; thence N. 88°54' E. 1163 feet; thence S. 27°53' W. 533 feet; thence S. 07°47' W. 426 feet; hence S. 03°31' W. 123 feet; thence S. 22°40' E. 102 feet; thence S. 22°22' W. 308 feet; thence S. 10°53' E. 110 feet; thence S. 10°42' W. 233 feet; thence S. 59°20' W. 219 feet; thence N. 89°15' E. 338 feet; thence S. 02°24' E. 600 feet; them S. 06°34' W. 208 feet; thence S. 88°54' W. 893 feet; thence N. 00°05' W. 2642 feet, to the point of beginning. ALSO, the NE SWC , the SEINQ I. and the South 880 feet of even width of the NE1/4NW; of Section 23,* Township 7 South, Range 92 West of the 6th P.M., EXCEPT FOR a parcel of land situated in the northernmost part of said South 880 feet of even width of the TONNO.1 of said Section 23, being more particularly described as follows: Beginning at the NW corner of said South 880 feet of the NE:NWi, whence the North 1/4 corner of said Section 23 bears N. 71°01'41" E. 1409.82 feet; thence N.,89°12'41" E. 1172.00 feet along the North line of said South 880 feet of the N'rJIN ; thence S. 87°26'23" W. 1173.03 feet along a fence as built and in place; thence N. 00°02'57" W. 36.27 feet along the West lino of said South 880 feet of the N VVAi, to the point of beginning, containing 0.49 of an acre more or less. EXHIBIT "B" An undivided 2/3 interest in and to the Dennis Enlargement of the West Divide Creek Ditch, all right, title and interest in and to the Dennis Extension of said West Divide Creek Ditch; all right, title and interest of said parties of the first part in and to the Dennis Extension of said West Divide Creek Ditch; and undivided 2/3 interest in and to the water decreed to said Dennis Enlargement and Extension of the West Divide Creek Ditch, from West Divide Creek, by virtue of Priority No. 117E of the Decrees of the District Court of Garfield County, Colorado, for Water District No. 45; an undivided 2/3 interest in and to the Gallagher Waste Water Ditch and an undivided 2/3 of the water rights therein; the former Frank N. Toland interest in and to the Belle Depler Ditch and Water rights which is understood to be an undivided 1/4 interest from head gate of said ditch to the West line of Depler lands referred to in an instrument appearing of record in the office of the Clerk and Recorder of Garfield County, Colorado, as Document No. 29428 in Book 51 at Page 360, and from thence an undivided 1/2 interest with water rights accordingly including a like undivided interest in and to all enlargements of said ditch with the increased water right therefrom and thereby as contemplated in and by said Document, subject to any and all reservations and restrictions therein contained. Together with an undivided 1/4 interest in the West Divide creek Ditch No. 32, in Water District 45, and an undivided 1/4 interest in 2.068 cubic feet of water per record of time adjudicated thereto under Priority No. 42 and an undivided 1/4 interest in 1.17 cubic feet of water per second of time adjudicated under Priority No. 98 in said Water District. • • PROJECT REVIEW CHECK SHEET ` (1)-(-666a-, f/ . #ArS ' �. 35---.>, `„--`r 1. Is the project in accordance with the plan? Land use ' Density 1t42 y/LeaC��J 4�te Go6g6S61l �° ( tc)P Latest general plan revisions ,- . 4a 2. Is the project zoned correctly? '4r '0/ 4 1) Is a planned unit development (PUD) ordinance required?� Is the use r i ted^�o"r1� ins a specihl use pe mit (SW) required? Aft-', 1 (� t— � � 6,r!J CSA -6 -' --_.�. Is a SUP in force on the project now? /9'21V4/72,d-/7d-d,,.., - rf �1, Is a PUD presently on file in the planning office? r 3. Is a zone change required or requested? /\J) 4. Is a land division or subdivision required or requested 6-(7ee� �.,-v 3 c prce,(' CEJ a- lac ,.3 cud 5. Are special ordinances or policies applicable? Hillside Ordinance Combining Freeway Zone Other overlay zone Tree preservation policy Service Station Resolution Other -- Premature for further development 6. Are neighboring properties used for a compatible purpose?( Ct. S r°' What will the neighborhood's reaction be? Will the requested use be materially detrimental to enjoyment or valuation of property of other persons located in the vicipity of the site? P� ,-, f / he (? 6/.J/�+ i►e -CA/ -) .; y1 -G -/'i it2e .V210- / %,--z/Le [2�ei4 t - f.,16 -4L.10,& -)-7-2,c66-_, /0 a c 5P -t- 7. �`t 7. Is the proposed site adequately setved by hi sways or streets of a( ..,� LL sufficient width and improved as necessary to carry the traffic rS -mac such use would generate?- clk-6 CA-%-e-e-..)Does street width meet police and fire protection district criteria? Will the sire is be dedic ted or private? y dre C 76 G- � iJLL G�7W �y� l 8. Is the proposed site adequately served by other public or private service facilities? Freeways Railways Airport Bus line(s) 9. Is a right-of-way dedication required? If so, how much and where? 00i, ckn,14.4 t''�' pC , . 0 4)-C k4/1„_i 10. Are there enough parking spaces? &4_1/7/ek_1--- .„6-4c) (6/--e4 For maximum expected employees? For customers? Is a drop-off area planned? Are parking spaces well planned? Are all parking spaces accessible? 11. Is the on-site, off-site circulation adequate? f �� �h Are traffic bottlenecks created? Is pedestrian circulation adequate? Is the structure an aviation hazard? 1,� Are there any four-way intersections? Are horse trails required? Are bicycle trails required? Is vehicle circulation separated from pedestrian traffic? 12. Is the concept plan adequate for city's landscape architect to make an evaluation? Can thestatus of live trees be determined? Are planters wide enough? What size plants will be installed? Are electric outlets provided in the planters for present or future lighting? 13. Will municipal' demands be greatly affected? Police/ �� c„�4 Fire ----- �t�-C� 4,.i/ sux� CJ Liquid wastes Sewage Weer �ti ?/L?� Parks and recreation tz�Lei /-1-?-e-4-441/6�`' Z� Schools --i w % Trash collection Other utilities 14. Will the development landlock another property? /J Is an easement in effect? /LSU' Will an elsement be required(i.e., for access to recreation } areas)? Vit' Is the property next to a flood co trol channel? 1114&Q D 4te 0/12, /nTrY'), - 2 - • • 15. Does the structure show design excellence? Is the structure facing the correct street? Is variation in front yard setback provided? Are side yards for recreational vehicle storage provided? Is there horizontal and vertical relief? Are structures shown clearly? Are they sized well? Can colors, materials be determined? Are there any existing structures? Do they need refurbishing? Are setbacks correct? Is the design proposed for the structure sensitive to its surroundings? Do second story windows overlook other people's private spaces? Are all elevations shown? Has a sign or identification for the building and the site been considered in the design? Doesn't it or can it meet the setbacks? Tom, /1:77‘)'77-1<3 alrXtot_;_len_z_e!gt: )beIZZ- 16. Is the environment enriched? Does it include: Trees, landscaping, common open green spaces? Walkways, meandering sidewalks? Curvilinear streets? Landscaped parkway (perimeter as well as internal)? Berms? Flood control channel treatment? Amenities such as tot lots, pools, tennis courts? Mature trees? 17. Will fencing/walls be required? If so, are they adequate? Has lot height difference been considered in fencing? Are there decorative block walls? 18. Will it be possible to underground existing above ground utilities as part of this project? 19. Has an environmental assessment been made? Is a noise study required? Are liquefaction tests required? Are soil borings required?__. Are other special studies needed? Is the project within the 100 -year flood plain? 20. Have cuts and fills been evaluated? Is there a grading plan to indicate grade differentials? How are grades to be treated? Has drainage been evaluated? • • 21. Have all agencies responded and provided conditions for the project? 22. Have conservation devices been provided? Pilotless ignition for ranges and furnaces Thermostat with night setback feature Exhaust hood with automatic dampers Insulated hot water pipes Low flow toilets Water control devices on showers and faucets 23. Are there contracts, covenants and restrictions for attorney review? Homeowners association Assessment district 24. Have other models been applied? 25. Has the Simi Valley net benefit model been applied? 26. Has the Kevin Lynch model been applied? Pathways Edges, barriers Interest nodes, focal nodes Linkages Sense of entry Movement through Graphics, signs A sense of hereness and thereness Major open space 27. Has structure quality been maintained? Diversity Colors Texture Scale Material Shape 28. Is scale appropriate? Site (largest) Node Personal (human scale) 29. Behavorial support Rain shelter Noise Seating 30. Basic rules Linkages 80 feet in length without nodes are boring Blocks should not be greater than 150 feet Cul-de-sacs should not be longer than 800 feet 14- , \JLdilap not to scale r G B EGT '�EoPE2T RICHARD D. LAMM Governor 2691H • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 May 21, 1984 Ms. Cynthia M. Houben Garfield County Planning Department P. O. Box 640 Glenwood Springs, CO 81602 Re: Porter Exemption Section 23, T7S, R92W JERIS A. DANIELSON State Engineer Dear Ms. Houben: Well number 134492, a late -registration, could legally serve three single- family dwellings. We could not recommend approval of this proposal if any of the three proposed lots would have more than one single-family dwellings on it. If each lot would have only one single-family dwelling and no guest houses or hired -hand houses, we would recommend approval subject to the following conditions: 1. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. If the above provisions are met, we can recommend approval of this pro- posal. Please let us know if you have any further questions. HDS/KCK:ma Sincerely, gs/d/S1 J 1tI Hal D. Simpson, P.E. Assistant State Engineer 2 5 1984 tl cc: Orlyn Bell, Div. Eng. ' CO. PLANNER Fred Loo t"