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Home My WebLink About1.0 Application411 BEFORE THE BOARD OF COUNTY COMMISSIONERS 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 June Nightingale respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 20 acre tract of land into 2 tracts of approximately 8acres and 12 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 tract of land in the NE4SE4 Section 29, Tp. 6 S., R. 89 W., 6th P. M., decribed as follows; Beginning at the Northwest Corhr of said NE4SE4; thence Southeasterly to the Southeast c orner of said NE4SE4j thende Northerly to the Northeast Corner of said NESE thence Westerly to the Northwest corner of said NESE to the point of beginning, containing 20 acres, more or less. EXCEPTING an easement or right-of-way 60 feet in width for access and �tiliSy purdDoses bglhr 30 fget on ea h side of the centerline olthe frometie drerinitrons of 'sub -C 4-$1 parndp'gsu division 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: The .land is already physically divided by Three mile creek and the De ig es an. .-s • - • - - - By splitting the land it then becomes economically feasible for - A. ft• -. - • • R - - 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 ctl-rW (e) Statement on method of sewage disposal,. Zi (f) 100 year floodplain information where live stream crosses or adjoins said tract (g) Fee in the amount of $ Submitted at Glenwood Springs, Colorado his /3 day of -210_,2 , 19%; etitioner Box 41 Mailing Address Carbondale, Colorado 81623 963 2674 Telephone Number SHERIFF'S DEED U.F.D 1R Fna., .. „ DECREE ouUr;,r;Z. ME 6'57 WHEREAS, A. June Nightingale, Lid in tha District Court in and for Garfield County, Colorado,•recovor a judgment against John McKown for the sum of Thirteen Thousand, Eight Hundred Eighty- three Dollars and Thirty -Two cents, and in its Decree dated Febru- ary 10, 1977, the Court ordered that I sell the property herein- after described; and the same was sold to A. June Nightingale. I signed and acknowledged in duplicate a Certificate of Pur- chase and delivered one to the purchaser and recorded the other in the Clerk and Recorder's office of Garfield County, Colorado. The Certificate of Purchase has not been assigned. NOW THEREFORE, I, the Sheriff of said Garfield County, Colo- rado, in consideration of the premises, have granted and sold, and do hereby convey to A. June Nightingale the following real property: A tract of land in the NEkSE4 Section 29, Tp. 6 S., R. 89 W., 6th P.M., described as follows: Beginning at the Northwest Corner of said NE4SEk; thence Southeasterly to the Southeast corner of said NE4SEk; thence Northerly to the Northeast Corner of said NE%4SE i thence Westerly to the North- west corner of said NESE to the point of beginning, containing 20 acres, more or less. EXCEPTING an easement or right-of-way 60 feet in width for access and utility purposes, being 30 feet on each side of the centerline of the access roadway now through the property. to have and to hold the same with all appurtenances thereunto be- longing, forever. WITNESS my hand this day of November, 1977% Edward Hogue Sherl.ff of Garfielc/COunty, Colorado STATE OF COLORADO ) ) ss. C0U:vTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 77-h.day of Novrmhor, 1977 by 'Edward ilop,n , aa Sheriff of Car - f1(.01 (iuwiLy, (;uLoc:Ido. WLLn.:„:, my hand and OLt1cial aeal... cocC ae My commission expires: rt J 4 I "r f ri Notary Public My Com mitilitA4.di, :7Pr.QQ7 19js f i . / i 1 C r ( ',• ( ( if i' qre J I ! p • Y: r rf 9 • M� 1 'TL , \! r W # 1 'j 5\ t \m/yr �a. ,.�; • f \� f ; 'i• \I % r4A 1 ,I. — r_ •.w,f h r r \. •,ir 1' _ � 1 r y! tS G ; 1 I �0 1 r'r.--f i/ 1 ^•i 1 � •.„n ..•+.+„'^ " -'"'J✓� \y 'S ( --';))//`. ; % -..()../. ( ....1- / ! .f. • ` rat: J�S:• I 01- ; 7is, z f� • I i} � ti Ij I • I R Li .:135 n 21 S (• •�.k�.bl moi; &1; , 1 • ,mob, •a1 1.0Z .9! , • • j;�!1 17 rz ot'OZ./.� of:Si. +. e f § 1 •J :ems(/� / iB 8f 11. 3of)9 �g �p 9 y ?^ y� a!/•a- • •e •- •at• 1aF '1F 6,6,116,11 l 'Psi? •/4' u' $', S • tiw, 0401 o1 62 og•/$4� f• P 1 •, 1' • - • w ,4 • • i • 4.. \ i (\ 1 _. sJ . — - / (•,.:,-'1 1 J • • • 1 • • • L. RICHARD D. LAMM Governorcsi • pcoO rye`'', * r DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 November 21, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2 014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: W. R. SMITH Acting State Engineer Y>� G�vlr; 6' 1979 ICLU Lu Re: Nightingale Exemption We have reviewed the above referenced application for exemption. The wells proposed as the water supply would intercept ground water which is tributary to Three Mile Creek, an over -appropriated stream. Since new wells would apparently cause injury to senior vested water rights, well permits cannot be issued by this office and we cannot recommend approval of the Nightingale Exemption. We would recommend that the applicant contact our Division Engineer to determine if the tract is located below the headgate of the ditch which normally places a call for water. If it is, we may be able to revise our opinion and issue domestic well permits. JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Land Use ,Comm. Ralph Stallman Very truly yours, ./d Dr Jeris A. Danielson De suty State Engineer or • December 20, 1979 June Nightingale Box 41 Carbondale, CO P1623 Dear Ms. Nightingale: This letter is in reference to your request for a Senate Bill 35 exemption on the 20 acre tract which you have on Three Mile Creek. I have tried to call you several times, but have failed to talk with you. The Division of Water Resources will not issue individual wells at this time as per the attached letter. As the letter states, it may he able to issue these wells dependent on the ditch location. If you contact Mr. Lee Enewold in the Glenwood Springs office, he should be able to help you. Also, I would like to meet with you and inspect the site. If you would contact this office after January 2, 1980, we can set up a time. Sincerely, Ray Baldwin Planning Director RB/hr Enc. • • March 20, 1980 MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH, and COPE 1011 Grand Avenue Glenwood Springs, Colorado 81601 Attn: Jim Lochhead Dear Jim: I am enclosing two letters from the Division of Water Resources in regard to the June Nightingale exemption request. As the letter of November 21, 1979 states, they cannot issue well permits. The letter of February 19, 1980 shows the policy of J. A. Danielson is a continuance of the previous program which has been in effect for some time. I have also talked with the Denver office concerning your statement that if the County allows these lots to be created, they will issue well permits. They indicate to me that this is not the case and referred to the November 21, 1979 letter. As I mentioned to you during our phone conversation, if you can give the County a letter from the Division of Water Resources assuring us they will issue well permits, we will process the application, otherwd+se some other source of water must be provided. If I can answer any further questions concerning this matter, please feel free to contact me. Sincerely, PLANNING DEPARTMENT Ray Baldwin Planning Director RB/tls encls. RICHARD D. LAMM Governor • • DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 Mr. Ray Baldwin, Director Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: May 27, 1980 J. A. DANIELSON State Engineer rFir nJUN 21980 GARFIELD t;U. rr_API Eij R Re: Nightengale Exemption As per your phone request of May 23, we have again reviewed this case. We find that the conditions have not changed and we continue our recommendations of November 21, 1979. Very truly yours , Hal D. Simpson, Chief Water Management Branch HDS/GDV: mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. June 16, 1UO Jim Lockhead Musik, Williamson, Schwartz, Leavenworth, and Cope 1011 Grand Avenue Glenwood Springs, Colorado 81601 Dear Jim: Enclosed is a copy of the letter from the Division of Water Resources. I think it is self explanatory. At no time have I ever had any indication from then that they have changed their position with regard to the Nightingale property. It seers you are the only one who has any information to the contrary. Please seed me copies which show a different position. I hope this will clear this matter up. If you have any further questions concerning this matter, please feel free to contact this office. Sincerely, ftyRay Baldwin Planning Director R8/hr Enc. JOHN D. MUSICK, JR. STEPHEN T. WILLIAMSON ALAN E. SCHWARTZ LOYAL E. LEAVENWORTH JOSEPH A. COPE SUE ELLEN HARRISON WILLIAM T. SMITH, JR. KEVIN L. PATRICK JAMES 5. LOCHHEAD ROBERT F. WIGINGTON RICHARD M. FOSTER, JR. MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P. C. ATTORNEYS AT LAW Glenwood Springs June 23, 1980 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Nightingale Exemption , ,57,771-..'-77-72r-J,--D-1 J[LJUN24lg8a GARFE^LANkRR E_, P. O. 4 BOULDER, COLORADO 8006' TELEPHONE (3031499-3990 (COLO, I-800 332-2140 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE 1303) 945-2261 ICOLOI 1-800332-6955 Dear Ray: Thank you for your letter to the State Engineer's Office and for forwarding their response to me. As I had mentioned to you on the phone, my reading of the latest State Engineer's policy indicates a slight shift in policy which might result in the granting of an exempt well permit in certain situations in which one previously would have been denied. I had no specific informa- tion regarding the Nightingale property, but because the granting of an exempt well permit would have saved Ms. Nightingale consider- able time and expense in acquiring a legal water supply, I wanted to fully exhaust that alternative prior to recommending other courses of action. Clearly in this case, the latest policy of the State Engineer does not affect previous denials on Three Mile Creek at the location of Ms. Nightingale's property, and we appreciate your help in verifying this to be the case. Ms. Nightingale informs me that her property has two excel- lent building sites. Due to your concerns over suitable building locations on Three Mile Creek, however, I will recommend she contact your office to arrange a mutually convenient time for an inspection of the property. I feel it appropriate that she have an indication from your office as to other conditions which must be met, prior to further pursuit of a legal and physical water supply. Again, thank you for your assistance in this matter. Very truly yours, MUSICK., WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. JSL:jaw cc: Ms. June Nightingale