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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Paul Pitman respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 160 acre tract of land into_ 2 2 acrestracts of approximately and 158 acres h4 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: It is applicant's desire to create the two -acre parcel as a separate home site. SUBMITTAL REQUIREMENTS: An application wiT atisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or SPparato interests L be created, access to a right-of-way,public and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a :willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists not more than three parcels created from a la geert ay ie oneaiof t existed on January 1, 1973. g Parcel as t J. A $100.00 fee must be submitted with the application. If s APR 1' 1989 GARFIELD CUUN Y Petitioner Paul Pitman P.O. Box 591 Mailing Adress Rifle, CO 81650 City — 876-2415 Telephone Number State EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a pact of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to 'a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of ^water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice receipt requested, the public meeting s lesseeshlof200 feettofowners of be mailed recei ions and the proposed of by certified less exemption tO tenants owners of deceXemption��d immediately 1, return Divfrom ision. Public jte shall of any record of to miner Y adjoini ng morision. A1lright-of_wabe Posted structure the land al owners and exemp le e than Y with clearly proposed Propose bed The responsible pub thirty (3p J notices shall be notice signs and conspicuously e Planning conversion. g Divas mailing at Ale for days priormailed at Provided P uously vi on. ll D• At or within the meetingailing the t notices meeting. The tebn the he Peann Eng approve, conditionally fifteen and shall present appld icant o the minutes ndenialaory apPtovedays of theProof of denied exemption of the meeting conditions deny meeting the Regulations mPtion shalln9 or in ns °f approval exemption xem t� Board P to s 1 folio a written val steal n request hall the tut be The reasons w n subdivision ion, set forth °n ProcedureaPPlicant In these • LEGAL DESCRIPTION A parcel of land being 295 feet square and containing 2 acres, more or less, located in the Southwest Corner of the SW;NW', Section 13, Township 7 South, Range 93 West, Garfield County, Colorado, and adjoining County Road 319 on the West side of said parcel. Exhibit A /76<0.9 r,1 • 11 ,12 \ku). \ 106x ;,6664 1V 6 11 , 06 Scale in feet 1000 ( Part of NW 1/4, Sec 13, T.7 S, R. 93 W. Hunter Mesa Quadrangle 1/4 21 /fid.. /� x74/4 1 I(a / /l i �: p li III ' i ij] 11 • {) 1,1 i 1 6235 8 • l) Scale in feel 0 1000 r 1 5280 Part of NW 1/4, Sec 13, `1'.7 S, R. 93 W. Hunter Mesa Quadrangle Gi 4#ELD Co0/JTy 1('c4-0 3I • x S -- x 2.0 GLere, s ScAIS I i rEgr 1 f 0 v Sa t /oo 4-1.1 Ne; r+1 1' • '411 )1171 '4 1 z'0I 4; i rl , ait yr.1 !j ;:''_ t it e 9fl el a 1e �� 211 ;soa.r A � F • 14: itii!, {7..' J., fit, A ,• • . 1; il:l. ,1;,44';;;e,'" L� r,r fft 1 ' 1lr it • Recorded nt —y—( o'clock___(�_.Nt., APR 1' Reception N'o.-41,3_5 .a]a3r5 77 Recorder. BOOK 648 1'4E223 KNOW ALL MEN BY THESE PRESENTS, That I, BARBARA A. PITMAN and NANCY S . PITMAN of the County of Garfield , and State of Colorado, for the consideration of Ten Dollars and other good and valuable consideration i?{131NwY in hand paid, hereby sell and convey to PAUL PITMAN, a/k/a PAUL D. PITMAN whose legal address is 7800 319 Road, Rifle, CO 81650 of the County of Garfield , and the State of Colorado, the following real property, situate in the County of Garfield and State of Colorado, to wit: all their right , title and interest in Parcel No. 1: The NW- of Section 13, Tp. 7 S., R. 93 W. 6th P.M., containing 160 acres, more or less, together with all water rights and also including 1/6 interest in the Enterprise Ditch, taking water from the North Fork of Mamm Creek in Water District No. 45. Subject to easements of record prior to the date hereof. Together with all water and water rights and all ditches and ditch rights of way appurtenant thereto. with all its appurtenances. aIs CO � Signed and delivered this In the presence of STATE OF COLORADO, County of Garfield G•ARFTELD APR 19 1984 State Doo. Foe $ day of ,19 84 . l(YQ�zt+e--) CZ. (/..-122,?-7t-Y [SEAL] -Barbara A. Pitman • % C(_2t �• �. _ vi,---Cil7 -/7)r-yr [SEAL] N cy Sitman [SEAL] // Wt The foregoing instrument was acknowledged before me this (r day of 19 84,by Barbara A. Pitman and Nancy S.Pitman . My commission expires ';� '�w No. 901. ❑,\lTG \.tN AND SALE AFRI).—Slelutnry Form.—[lend ford Publishing Co..'N?{ W. M1lh Ave., Lnkrwootl. Cl) NO?I.I —111111 ?11.641111-6 N1 /—/) _ ,6fyi , gyp— . witness niy hand and official sent. v LJ 5,-11 /( Sd 0 Notary Public. Address James Parker Tim A. Roe No mineral leases. No tenancies. ADJOINING PROPERTY OWNERS Parker Ranches 125 West Fourth Rifle, Colorado 81650 625-0922 666 Park Avenue Rifle, Colorado 81650 625-2694 Ai tua''s 7 ad " ie/ .Saes Shaef-ier Lid. Zel kik., no ��sa D U.S. Department of Agriculture Soil Conservation Service Page 1 06/16/88 SOIL DESCRIPTION REPORT SURVEY AREA — RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Unit Symbol Description 55 POTTS LOAM, 3 TO 6 PERCENT SLOPES This deep, well—drained soil is on mesas, benches, and sides of valleys. This soil formed in alluvium derived from sandstone, shale, or basalt. The surface layer is loam about 4 inches thick. The subsoil is clay loam about 24 inches thick. The substratum is loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate. 67 TORRIORTHENTS—ROCK OUTCROP COMPLEX, STEEP This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Torriorthents make up about 60 percent of this complex, and Rock outcrop makes up about 25 percent. The Torriorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. Category Codes: soi Exhibit E R ` n WRJ•5•JRgvAN 7h 1 g 1989 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado *ATER RESOURCES rr??.rJ ENGINEER Application giKst be complete whereRECENED++ "� applicable. Type or print in BLACK FOR: INK.Nooverstrikes DEC 1 5 1988 or erasures unless initialed. WATER ItisO J CII SNI» • VINO. 0011 PERMIT APPLICATION FORM (XI A PERMIT TO USE GROUND WATER (>C) A PERMIT TO CONSTRUCT A WELL (X) A PERMIT TO INSTALL A PUMP 80203 ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME _LaLLI PI �mavl STREET 'r&f%o 319 Rd. QOX 3`11 CITY 17'4Ie c% (State) TELEPHONE NO 810-.a'415 0I(c50 (Zip) (2) LOCATION OF PROPOSED WELL County Gar leId jai Y. of the ' N W 'h Section Twp. 7 5 Rng. IN,S) ►3 93 hL, &f6 IE,WI P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): 1,0 1.0 300 Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY no irrigation (0) (?4 DOMESTIC (1) ( ) INDUSTRIAL (5) ( ► LIVESTOCK (2) ( ) IRRIGATION (6) ( I COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name Street City LIC:enScd OK(I Ictz, (State) (Zip) Telephone No Lic. No. FOR OFFICE USE ONLY: DO NOT -WRITE IN THIS COLUMN Receipt No. P-/ Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ISSUANCE OF THIS PERMIT DOES NOT --CONFER-A-DECREER-WATER-RIGHT-- I) APPROVED PURSUANT TO CRS 37-9)2 -602 (3) (b) ( I I ) (A) AS THE ONLY WELL ON A TRACT OF LAND OF 40 ACHES DESCRIBED AS THE SW 1/4 OF THE NW 1/4 OF SECTION 13, T7S, R93W OF THE 6TH P.M., GARFIELD COUNTY. 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, THE IRRIGATION OF NOT MORE THAN ONE ACRE OF HOME LAWNS AND GARDENS, AND THE WATERING OF DOMESTIC ANIMALS. 3) TIIE RETURN FLOW FROM THE USE OF TUE WEL.I, MUST BE THROUGH AN INDIVIDUAL WASTEWATER DISPOSAL SYSTEM OF THE NON -EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH TIIE WELL IS LOCATED.M CO?\( APPLICATION APPROVED PERMIT NUMBER DATE ISSUED JAN 251989 EXPIRATION DATE JAN 2 5 1991 • TEEN 5333(1 BY I.D. COUNTY ) 3 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. - -}- — {- — +- }- - - + . - —� --I- + w 2 J 2 0 U w 1- tn w 1 MILE, 5280 FEET - l NORTH SECTION LINE 1 - -I- - 1 ..I 1 — -}- — - 1 I 1 SOUTH SECTION LINE m crt-1 1 m m r) - 0 2 2 m -f- + I -+ -}- I The scale of the diagram is 2 inches 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. .2800 ft. from South _—sec. line (north or south) 15-0 ft. from We.S+ sec. line (east or west) LOT BLOCK FILING SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Pa U.I ri faX1.11 No. of acres 140 Will this be -the only well on this tract? YES .(8) PROPOSED CASING PROGRAM Plain Casing in from C9ft to 3 O ft in from ft to ft Perforated casing (0 in from c1 SD ft to .3(X) ft in from ft to `t 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) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325.900 gallons. 1,000 gprn pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): PaiiJ r lN.G1LIA No. of acres: Legal description: A #raC1- c I C1V 1Q( I vl SW Iv Y4 SEC / 3' i75) 1? 9 3 kI (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. DC1r): 1:-/G — Sept'C fOrIPs LecCN FiE&J) (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT (S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(S1 Use additional sheets of papa if more space is required, Community Water System does not apply. EXPLANATION FOR EXEMPTION REQUEST Applicant desires to grant a two -acre parcel to Ed and Denise Elder in return for years of friendship and assistance to him. This is sparsely populated area. The community will benefit by having another home in the area. This is a corner parcel with no access problems and with utilities nearby. No agricultural land will be harmed. Exhibit r PARCEL EXISTENCE Applicant has owned the subject property since before 1973. See deed attached. No subdivision or exemption has occurred prior to this application. I Book 35$ Page 118 Rueeded et Q I �f j o soe�.� -tt. •J R Y s 1961 Rsaptloe Ne.-.a31Q11_... U *a 9, ..1Cimiaa __. Reorder rra This vim, lied. this 27th day of December In tie year of our Lord ens tboueeed nine hundred and sixty-three ' between ---CARL R. PITMAN and MAUDE E. MUSTS, now being MAUDE E. PITMAN, and PAUL D. PITMAN and ELSIE R. PITMAN pith. County of Garfield and Stab of Colorado, of the first part, and PAUL D. PITI4AN and E1.8IE R. h'DhAN of tee ,County of Garfield and Stat. of Colorado, ei the ..send part: WITNESSETH, That the aald part ime of the first part, for and in consideration of the sum of $2.00 and other good and valuable consideration EMMEN to the said part ies of the first part In land paid by the said parties of the second part, the receipt whereof le hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the wand part, their heirs and assigns former, not in tenancy In common but In Joint tenancy, all the following described lot or parcels of land, situate, lying and being In the County of Garfield and State of Colorado, to -wit: Parcel No. 1: The NWk of Section 13, Tp. 7 S., R. 93 W., 6th P.M., containing 160 acres, more or less, together with all tater rights and also including 1/6 interest in the Enterprise Ditch, taking water from the North Fork of Masse Creek in Water District No. 45. Subject to easements smaasmemmerstoomt of record prior to the date hereof. Parcel No. 2: The NE, Section 18, Tp. 7 S., R. 92 W. 6th P.M., containing 160 acres, more or less. Subject to easements emtemmmmmmmt- adatta t of record prior to the date hereof. Parcel No. 3: The SEk Section 22; the NW}NEk,•1i1IW}„ SWINW4, and the , SWISS! Section 23; the NEINE WINE*, E NW{, !ilea* and the NE}SWi Section 27, all in Tp. 7 S., R. 93 W., bth P.M., together with all ditch and ditch rights, water and water rights,belonging thereto and more particularly (but without limitations thereby), the Hunter and Gant Ditch and water rights, the Johnathan Genf Ditch and water rights, and the Emanuel Gant Ditch and water rights. Subject to easements oscrmsmmmwasinatmc of record prior to the data hereof. • first parties reserve to Carl R. Pitman and Maude R. Pitman, or the survivor of them, for and during their natural lives, ons -half of all royalties received from the production of oil, gm ,4nd•minerals in or upon the above land. This reservation does not inclsde delay rentals from leases and the reservation shall terminate on the death of the survivor of them. TOGETHER with all and singular the hereditament. and appurtenances thsr uMo balongtug, or 1e anywise appertaining, and pm reversion and reversions, remainder and remaind.n, rafts, lotto east profits thereat; ami all the estate. right, title, interest, claim and demand whafsoear of tbs said pert Lee of the tint part, either la law or equity, of, In and te the above bargained premises, with tie bsredttam.nts end eppurtae.ao.. Ns. !{I. WAILS/JIM 11112111-4•• JAM Tecera Metees ON.asr. WILY Ova amu% a iwr, e.twel► ' I t. Book 355 Page 119 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, auto the said parties of the second part, their heirs and assigns forever. Add the said part tea of the flet part, for them sek,es, their heirs, executors, and administrators, do eoveeadt, grant, bargain sad agree to and with the said parties of the second part, their heirs and assigns, that at the time of the rewriting and delivery of these presents, ' they are well seised of the premises above conveyed, as of good, sure, perfect, abeoluta and indefeasible estate of inheritance In law, in fee simple, and ha ve good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and Incumbrances of whatever kind or nature. soccer, except the 19b3 taxes and except an outstanding deed of trust of record, payable to the order of The First national bank of Glenwood Springs, Colorado, which the second parties assume and agree to pay, and the above l,argained premises in the quiet and peaceable possession of the gain parties of the second part, their heirs acd assigns. against all and every person or persons lawfully claiming cr to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the firat part ha ve hereunto set their hands and seal s the day and year first above written. Signe.!, Seaied and Delivered in the Presence of STATE OF COLORADO, County of GARFIELD The foregoing instrument wo• acknowledged before 134,,ty•4n r£liieP�ttmfli Maude K. Wur yeommesrnexpiree Pa»/1-/Q`y Carl R. PitZ [SEAL] itnow b kSEtilaa sad utts �, now being Maude n asap 1 D. FLMapn (SEAL] /I. (SEAL) s�1 Man M.. me this 11 day of ts, now being Maude K. Pitman, Paul D. Pitman, .1:11;71,-. Witness my hand and cffieial seal. •It it* ..tkry falm.a Of permit* 0erm hrrt SAW Of barn Ir by peso as .rtt.er Ia spre.eet.trre w sec.: opacity Of u sttaeae,•iFf.et Nen ,.sen sans ,f perm. as etatsttl. •Itoraey-4-fart se ether capacity w dsenstoa, If b, *Moos .f eoroeatba, Uma Iwt our .f wee *Meet o• off 4o -no u he erooden: or i.talr s t r. of pea mrperat,.o_ ..,.,air .t.