HomeMy WebLinkAbout2.0 BOCC Staff Report 12.11.1995 & 01.15.1996REQUEST:
APPLICANT:
LOCATION:
BOCC 12/11/95
1/15/96
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the definition of
subdivision.
Susan Quevedo
A tract of land located in Section 2, T6S,
R89W of the 6th P.M.; approximately two (2)
miles east of Glenwood in No Name.
SITE DATA: 14.17 Acres
WATER: Central water supply
SEWER: Individual sewage disposal systems
ACCESS: Direct access to Highways 6 & 24; easements
EXISTING ZONING: R/G/SD
ADJACENT ZONING: R/L/SD - West
O/S - North, East
1. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in the Low Density Residential (10 + ac/du) Land Use District
as designated by the Garfield County Comprehensive Plan for Study Area I.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The tract of land is located north of Interstate 70, approximately
0.25 mile east of the No Name interchange, and is the location of the Deerhaven
cottages. The southern third of the property slopes gradually to the north, whereas
the remainder of the property becomes much steeper, reaching slopes of 48% or
greater. The central and northern portions of the property are in native vegetation,
grasses, pinion and juniper and two old a ricultural buildings are still located on the
property. See vicinity map on page
B. Adjacent Land Uses: The character of the area is predominantly residential as a
number of existing single family homes are located nearby. The Forest Service and
the Bureau of Land Management own property adjacent to the northern and eastern
boundaries of the property, respectively.
Proposal: This request would create three (3) parcels of 1.0, 4.5 and 7.5 acres from
the parent tract of 14.17 acres. The 1.0 acre parcel would consist of the existing
Deerhaven cottages, the 4.5 acre parcel would be the site of the applicants proposed,
new home, and the remaining 7.5 acres is currently specified to be vacant land. It is
staffs opinion this vacant land would be developed as an additional single family
dwelling, at a later time. See sketch map on page
pies
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• •
111. MAJOR ISSUES AND CONCERNS
Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "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 part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right -of way (Stale or Federal highway, County
road or railroad) or nalura' 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, in the discretion of the Board, not he considered to have been
created by exemption with regard 10 the four (l) lot, parcel, interest or dwelling unit
limitation otherwise applicable:"
A lengthy search of County records was unable to uncover a deed for the subject
property dated earlier than 1974. However, staff recovered the deeds for the
surrounding and adjoining properties (see Assessor's map, page ) and,
except for one (1) exemption parcel created in 1979 (#057), all were cre ted prior to
January 1, 1973. Therefore, this r- q uest a s ears to comply with the provisions of
Section 8:52. See deeds on pages
13. Zoning: The property exists within the R/G/SD zone district which designates a
minimum lot size of 20,000 square feet. All proposed Tots are in excess of this
minimum requirement. Section 5.04 of the County Zoning Resolution mandates that
at least one (1) contiguous acre of less than 40% slope be available for building
envelope designation. The sketch map, produced by a registered land surveyor,
indicates that all lots will have at least one (1) contiguous acre of land with less than
40% slope.
C. Water: The applicant proposes the use of additional shares of water, purchased from
the No Name Creek Water Association (NNCWA) as the water supply for this
proposal. It would appear that two (2) shares of water, per lot, are necessary to
adequately supply the lots to be created. One (1) share of water would be a domestic,
in house, supply and the other share would be for irrigation purposes. A letter from
the NNCWA indicates it has sufficient water to provide, if certain conditions are met,
prior to the purchase of the "shares." It appears the main obstacle is the necessary
upgrade of the 2" service line to the required 6" service line, as well as providing for
adequate fire protection. See letter on page
It is staffs understanding, through discussions with Doug Eggleston, the past -
President of the No Name Creek Water Association, that it is the position of the
Water Association that the applicant would be financially responsible for the upgrade
to this water supply line. Further, it appears the main water supply line is located
adjacent to No Name Road, at least 750 feet west of the applicant's property. Staff
recommends all water supply upgrades be completed by the applicant, to the
satisfaction of the Water Association, prior to application for building permits.
1D. Sewer: The treatment of waste water generated by the lots to be created is specified
to be through individual sewage disposal systems. According to the Soil Conservation
Service, on site soils are of the Ascalon -Pena complex, generally deep and well -
drained. Building site development and use of ISDS on these soils carry moderate to
severe ratings, generally due to slope and the presence of large stones. Staff
recommends a plat note be included to address these potential limitations.
According to Section 5.04.03 of the Zoning Resolution, when a parcel of land is
served by a central water supply and ISDS is used for water treatment, the lot size,
for existing and proposed lots, must be a minimum of one (1) acre.
Access: The applicants' property fronts on Highways 6 & 24, providing direct access;
however, easements to the proposed lots would be necessary and required to be
shown on an exemption plat.
Fire Protection: The Glenwood Springs Department of Emergency Services has been
asked to comment on access easement requirements and other emergency matters.
At this point, no response has been received. Staff recommends the applicant follow
all suggestions from the Department regarding access requirements. Furthermore, a
plat note should be included to ai+.Tress wildfire mitigation.
School Impact Fees: The applicant will be required to pay $200 in school impact fees
for each lot created.
H. Easements: All required easements (drainage, access, utilities, etc.) shall be shown
on the exemption plat.
Potential Road Impact Fees: If or when the County adopts a road impact fee, the lots
created by this exemption will be subject to paying that fee; paid at time of building
permit application, paid by the building permit applicant. This provision shall be
included as a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of this request, subject to the following conditions:
That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. re p91,N S of�76 (f) KC/4rlriZ0/1. o,4 of 4,(R%AL MAK % �',c/li�fE� !/ �. a)
4. That the applicant shall submit $200.00 in School Impact Fees for the creation of the
exemption parcel.
5. That the applicant apply for and receive the necessary "shares" of water from the No
Name Creek Water Association and provide for the infrastructure necessary to
provide sufficient water to the exemption parcels. Prior to ie of baul4ig
-p- Trrrits, the applicant must demonstrate that all upgrades to the water supply line
have been completed the satisfaction of the No Name Creek Water Association.
cir
6. That the following plat notes be included:
�Nj �%/L65�NL
PC: 4116/
"Soil condition . n the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
Gf Mtavv1
of AN
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"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
7. The control of noxious weeds shall be the responsibility of the landowner.
8. Due to the use of individual sewage disposal systems and applicable regulations
mandated by the Garfield County Zoning Resolution of 1978, as amended, any and
all lots created through this petition shall be a minimum of one (1) acre in size.
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485079 ' B-957 P-835 11/03 04:20P PG 1 OF 2
MILI)RED ALSDORF GARFIELD COMFY CLERK AND RECORDER ii.(. DOC NOT
11.00
QUIT CLAIM DEED
02 day of NOVEMBER
GARRY WAYNE LEES AND SUSAN GROVE QUEVEDO
'I'IIIS DEED, Made this
, 1995 , between
of the said County of GARFIELD and Slate of COLORADO , grantor, and
SUSAN GROVE QUEVEDO
whose legal address is P. .0. BOX 2472
GLENWOOD SPRINGS, CO 81601
of the said County of GARFIELD and State of COLORADO , grantee:
WITNESS, that the grantor, for and in consideration of the sum of
1106 I I':I?: $0.00
DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, do remise, release, sell, convey and
Quit Claim unto the grantee, his heirs, Successors and assigns, forcvcr, all the right, title, interest, claim and demand which the grantor has
in and to the real property, together with improvements, if any, situate, lying and being in the said County of
GARFIELD and State of Colorado described as follows:
AS SET FORTH ON SCHEDULE A ATTACHED HERE'T'O
as known by street and number as: 55785 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601
TO IIAVE AND TO HOLD the salve, together with all and singular the appurtenances and privileges thereunto belonging or in any-
wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the
only proper use, benefit and behoof of the grantee, his heirs and IISsigna forever. The singular number shall include the plural, the plural
and the singular, and the use of any gender shall be applicable to all genders.
IN TI'NESS WHEREOF, the grantor bus exitcutcd this deed on the dark set for h aborc.
E LEES SUSAN GROV
e
I r��
State of COLORADO
) ss.
County of GARFIELD )
7
UEVEDO
Y
VJCIA
The foregoing instrument was acknowledged before me this 02 day of NOVEMBER
by GARRY WAYNE LEES AND SUSAN GROVE QUEVEDO
My commission expires 080198
�
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V 1 aces my hand and official seal.
11
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Stewsrt Title of Glenwood Springs - File No. 95024612
No. 933 QUIT CLAIM DEED
1/4<,ft.1.�
,1995
i_eJc(1AL. k
otary Public
der Number: 95024612
SCI11MULls ,4
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485079 13-957 I'-836 11/03/95 04 : 20P PG 2 OF 2
LEGAL DESCRIPTION
The East 423 feet of Lot 2 and the East 423 feet of that part of the NW1/4SE1/4
lying North of U. S. Interstate highway No. 70, in Section 2, Township 6 South,
Range 89 West of the 6th P.M.
EXCEPT THE FOLLOWING described tracts:
A.
Beginning at the SE corner of said Lot 2, thence North 0 degrees 43' East 208
feet;
thence North 76 degrees 39' West 102.77 feet;
thence South 0 degrees 43' West 473.1 feet;
thence North 74 degrees 32' East 103.75 feet;
thence North 0 degrees 43' East 213.7 feet to the Point of Beginning.
H.
A parcel of land situated in Lot 2 and the NW1/4SE1/4 of Section 2, Township 6
South, Range 89 West of the Sixth Principal Meridian, said parcel of .land is
described as follows:
Beginning at a point on the Easterly line of said Lot 2 whence the Southeast
corner of said Lot 2 bears S. 00 degrees 43'00" W. 208.00 feet;
thence N. 76 degrees 39'00" W. 102.77 feet along the Northerly line of that
certain parcel of land described in Docment No. 168866;
thence S. 00 degrees 43'00" W. 393.30 feet more or less along the Westerly
line of said Document No. 168866 to a point on the Northerly right-of-way line
of Interstate Highway Number 70, thence S. 73 degrees 46'00" W. 94.09 feet
along said highway right-of-way line;
thence N. 00 degrees 43'00" E. 451.21 feet;
thence S. 89 degrees 17'00" E. 190.28 feet to a point on the Easterly line of
said Lot 2;
thence S. 00 degrees 43'00" W. 52.96 feet along the Easterly line of said Lot
2 to the Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
County of GARFIELD )
The foregoing instrument was acknowledged before me this 02 dny of NOVEMBER , 19 95
by GARRY WAYNE LEES AND SUSAN GROVE QUEVEDO
My commission expires 080198
ncss my hand and official seal.
t Title of Glenwood Springs - File No. 95024612
3 QUIT CLAIM DEET)
2
i
`Z Le6(OU1,*L k
(r{olary Public
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The prim.) p..rilonr of We form npprovod by
Mo Gt,4or..do r+..l E.,u.,s C er",d..l,,., CUD >1 -II 8J)
I Ewl-ik I 1 1 i LE GLENIJUUD
IF TIUS I'OHM 16 USED U4 A COrrdUMEH CRt:nrr rxANeACTION, COrreuLT LHOAr. COUNSEL.
THIS IS A L) UAL INBT'AUbtENr. IN NOT UNDERSTOOD, LEGAL, TAX OH OTtaER COUNSEL S1IO )L3 UB OONHULTED BEFORE SIGNING.
DEED OF TRUST
(Duc on Transfer - Su-iot)
THIS DEED OP TRUST is made this lot day of July 19 91 bcturcr, GARRY WAYNE
LEES AND SUSAN GROVE QUEVEDO LEES
(Borrowor),
whose address is 55785 HIGHWAY 6 & 24, GLENWOOD SPRINGS, CO 81601
and the Public Thuds; of the County in which the Property (see paragraph 1) is 6;tunic,' (Trustor); for the benefit of
ELOUI SIC M. BAILEY
(Lender), whose address is
55787 HIGHWAY 6 & 24, GLENWOOD SPRINGS, CO 01601
Box rvwcr and Lcndcr oovr_.nant and agree as follows:
1. Property In Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and
conveys to Trustee in trust, with power of sale, thc following desorlbod property located in tic County of GARFIELD
Statc of Colorado:
AS SET FORTH IN EXHIBIT "A" ATTACHED !HERETO AND MADE_ A PART HEREOF.
which has the address of 55785 HIGHWAY 6 & 24, GLENWOOD SPRINGS, CO 81601
(Property Addr .as), together with all its appurtenances (Property).
2. Note; Other Obligations Secured. This Dock' of Trust is given to secure to Londor:
A. the repayrnont of thc indebtedness evidenced by Dorrowcr's note (Note) dated Jul y 01, 1991
in the principal sum of TWO HUNDRED THOUSAND & 00/100
U.S. Dollars, with interest on the unpaid ptinolpal balance from July 01, 1991 , until paid, at the
rate of 10 peroent per annum, with principal and interest payable at 55787 HIGHWAY 6 & 24,
GLENWOOD SPR/N08, CO 81601
or such other place as the Lender may designate, in 96 payments of OMB THOUSAND
SEVEN HUNDRED FIFTY-FIVE & 14/100
Dollars (U.S. S 1755.14 ) duo on the let day °leach MONTH
beginning Auvust 01, 1991 ; such paymonts to continue until the entire lndebtcdncss evidenced by
said Note is fully paid; however, if not sooner pald, tho entire principal amount outstanding and accrued interest lhcroon, shalI be duc
and payable on July 01, 1999
and Borrower is to pay to Lcndcr a late charge of 5 % of any payment not received by the Lcndcr within
15 days after payment is duc; and Borrower has the right to prepay the frrincipal amount outstanding under
Paid Note, In whole or in part, at any time without penalty except none .
B. the payment of all other sums, with interest thereon at 18 9'o per annum, disbursed by Lcndcr
in accordance with this Decd of Trust to protect the ac urity of this Decd of Trust; and
C. the performance of the covenants and agroomenla of Borrower heroin oontaine.d.
3. Title. Borrower oovcnants that 13orrowcr owns and has tho right to grant and convey the Property, and warrants title to thc
same, subject to general real estate taxes for the current year, casements of rccorJ or in exittcucc, and r000rded declarations,
restrictions, reservations and covenants, if any, as of this date and exoopt none .
4. Payment of Principal and Interest. Borrower shall promptly pay when duo tho principal of and interest on the indebtedness
evldcnccd by the Note, and Late charges as provided in the Note and shall perform all of Borrower's other oovonanta containod in the
Note.
5, Application of Payments. All payments recclved by Lcndcr under the terms hereof shall be applied by Lcndcr first in payment
of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and insurance), then to amounts disbursed by Lcndcr pursuant to
paragraph 9 (Protection of Lender's Seourity), and the balance in aoeordancc with the terms and Qonditiona of rho Note.
btr..vri T111r 4 Olai.rond springs -IIIc No- 910186%)
It:colded LL
Rrrcpfion Nu.
Tull 1)El:1, Made thin (' tiny of i.i.l> , 1977
1,e t 1V :Ln
l3L010(i1(:I: M. I)AVI s :1 marl f,•:I 1/11 l
S1: 1 ,. hylar; I:ICIfAl:O L. I)rl\r1S
of the
County of ( a r (Ii'1:1 and Stato of Coln, ado, of the first part, and
I;L(AllSI: M. I:,\11.1:1' :I :; fug, It' I:nvnul
of the County of
Iflti I:l nava and Stale of
/ B1aL1 /1 913 [I 1 7-7
r
31111 tS:L'llllllt.kl 111
Cnlntudu, of the actual pati: 'Ilit' new :dill t l•:;:: o l i:I oft I :it: 1.1. Iter i 1 'y will In::
,1
5)787 Il;; Hwy 6 F, 24, Glenwood Springs, Corfield County, CUIUrad( 81601
1VITNESSET11, That the said part j c_r; of the fir:1 pa rt, for and in c•,u',idrralion of the sum of
'I'FN 1/0I.I.i1RS ANI) OTHER (:null ANII VALl'Ahl,l: Co:JS1fIiliAF1 IN g!tj>{{n;ty5 '
to the raid park ,•s of the first purl in Iruol pail Ly said pari y of the second part, the rtccipt whereof is
hereby confessed and acknowledged, to: ve granted, b:ugained, sold and conveyed, and by these pre.:ents du
grnt, bargain, .sell, convey and confirm, unto the :aid part y of the second part, he rheiro and n,si,;ny for-
ever, all (he. following dost] Wed lot or parcel of land, -Lilts lying and being in the
Comity of (i:nr (i e act and Stat, of Colorado, to wit:
The Fast 423 feel of lot 2 and tho Basi 423 feet of that part of Lhe
North elf 11.5. 1otorsltlle Highway No. 70, in Section 2, Township 6 South, R.inge 89
UJe•nt of the Gth I'.0., exnepl the totlul.'int, described II'act:
Beginning at the till corner et solid Lal 2, 1l: is e North 0'43' Fast 208 feet; thence
North 76°39' Nest_ 1(12.77 feet; [neut.,. South 0'43' Whv1 4/7.1 feet; Hoene,. North
74°32' East 1(33.75 feet; :,nd thence 0.r:1, (i 3' East 213.7 feet to tiro point of
beginning..
TOG FAA (Llt with all iu,3 singol.,r the heiedifaunento idol appurtenances Ih 'reto be:cowing', or in anywise
apptvi:.iuing, and the reversion :and reversions, remainder and r,nntindrls, rent:, issues and profits thereof, ar,d all
the 01,,• .; 1.1, 1;;1 •, i :0'::. 1, ,:.in, moot :I, 16 0 I.Ia L..weer of ilia said p,n i Cs; 01 tb..,,... ; :rt, .
or equity, ef, in :inti to lh< above bargained pre:ite,:', '^lilt the be, e,lilrunrnta and nppurlcmaue;l0 .
'01 IIAVE A NII TO 1101,0 Ihr said (irrmi:, ;,b.,vo Lan -gaited and described wit): the npp,cl'•nanrc,, unto the
said part y of the rorun,3 pail, Il� hello nod ::: irons fu,cver. And the raid part jr.y, of the first part,:
for them rel 4lhu3 r hoiu: c..evulors, tool arboihir.t,;dors, do covulant, (.runt, bargai':, and agree to and
with (le said part y of the ancon,] pari, he r l,'' o, nod assigns, that at the time of the en,:ealin;; and delivery
of these presents, t hey ;I re well seized of the prelnis"s above rlll:V)yed, :,s of good, rmrc, prrf,cl, al'' date and
indefensible estate of inhrtitauce, in law, in Ice simple, thud ha ve good right, full pincer and lau:ul authority ,
to grant, bargain, sell and convey the sane in manner rual form a:: aforesaid, and that ale mese are fee nod clear
from all former and °Dior grants, bargains, sales, liens, laNeS, assessments and encumbrances of •.vhat,.ver 'hind or
nature soever. except 1977 )',,.'sora l prop: r: y Laxer, l'asenu'nls :lad rif;h L:. of tray I.
Over and across said 31)1)11 11 y, ILS. I':11:•11t reservations and c•xcept:i,ms, and II
zoning and other governmental regulations;
1
and the above bargained premises in the quiet and peaceable possession of the said tart II
1 y of the second pari, I;
her heirs and arr:igo.v ag:•.in:,t 011 :,,,d r I e, -p )il•r:,on or gel son:: lawfully claintiug or to claim the whole
or any part thereof, the said p:rtt ire; of the fiat paint shall and will 'WARRANT AND FOREVER (DEFEND.
IN WITNESS \VII I!liEU)', l l , said pan 1 i r:; of Igo first part. Duh ve' hereunto sol Chs' i r hand s
li
and real s the day awl tial first ) n.
S7'A'1'h OE 001,011A U(1,
County of
77u: foregoing its{aneal was atlu,oll•Ir:lged before m,• Lhiv day of
t9 I% ,by Florence M. Davis Wife, Ili, 0::id I.,Davis Husband
My commission erpirea (let nhel 24 , 19 77. witness ray hnhd and official seal.
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1'luruuce PI. Davi:; wilt'
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No. 932. IT A LLl1 A NTY alga''. -1'.,r 1'I,e0nr,.eh1e Il.rer,l._Il,..lr .r,1 1.,,61l.l,lnu CA., 1821-41 inc.:) air«l, 0...,.,
yo JUL 5 ;979
Recorded nt t,p' clook /1 u
r9,�:'.3Reception No
Mildred Aledori, Asoorder
BEFORE TFIE BOARD OF COUNTY COMMISSIONERS 01
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-66
BO1iK 5:30 PMGE8?3
WHEREAS, Elouise M. Bailey has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption from the definition of the teens
"subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d),
as amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a
15.0 acre tract described as follows: that parcel of land described in Document
No. 278320 as filed in the Office of the Clerk and Recorder of Garfield County,
Colorado into 2 tracts of approximately 14.0 and 1.0 acres each, more or less,
which proposed divided tract is more particularly described as follows:
Tract A: A parcel of land situated in Lot 2 and the NWASE4 of
Section 2, Township 6 South, Range 89 West of the Sixth Principal
Meridian, said parcel of land is described as follows:
Beginning at a point on the Easterly line of said Lot 2 whence
the Southeast corner of said Lot 2 bears S00°47,'00"W, 200.00';
thence N76°39'00"W 102.77' along the Northerly line of that
certain parcel of land described in Document Number 168066; thence
S00°43'00"W, 393.30' more or less along the Westerly line of said
Document Number 168866 to n point on the Northerly right-of-way
line of Interstate Highway Number 70, thence S73°46'00"W, 94.09'
along said highway right-of-way line; thence N00043'00"E, 451.21';
thence S89°17'00"E, 190.28 feet to a point on the Easterly line
of said Lot 2; thence, S00°43'00"W 52.96' along the Easterly line
'of said Lot 2 to the Point of Beginning.
The above described parcel of land contains 1.00 acres more or
less, and is a part of that certr.in parcel of land descrihed in
Document Number 278320, in Book 496 at page 177 in the Office of the.
Clerk and Recorder of Garfield County, Colorado; and,
WHEREAS, The Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners ::f Garfield County, Colorado, that the nroposed division
does not fall within the purposes of Part 1, Article 28, Title 30, Colorado
Revised Statutes 1973, as amended, for the reason that the impact created is
not large enough to proceed through full subdivision review; and,
.,JOK 530 P..GE8744
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, ;That there is a reasonable
probaoility of locating domestic water on each of said tracts, that there is
adequate ingress and egress to said tracts, that the location of septic tanks
3"will be permitted by the Colorado Department of Health, that the requested
division .1s.not part of an existing or larger development and does not fall,
withinthe general purposes and intent of the subdivision regulations of the
State of Colorado and the County of Garfield, and should, therefore, be exempted
) from,the definition of the terms "subdivison" and "subdivided land" as set
forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended;
NOW,' THEREFORE, upon the motion of Larry Velasquez , seconded by
R.C: Jolley , and carried, the division of the above described tract
"A",'from the above described 15.0 acre tract is hereby exempted from such
definitions and said tract may be divided into tract "A", all as is more fully
described above, and said divided tract may be conveyed in the form of such
"smaller tracts without further compliance with the aforesaid subdivision statutes
and regulations; provided, however, that this exemption is granted on the condi-
'''
tion and with the express understanding and agreement of the Petitioner that no
further exemptions be allowed on said tract "A", and that a copy of the instru-
ment or instruments of conveyance when recorded shall be filed with this
Resolution.
Dated this 2nd day of July
, A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
ATTEST: %UI R (i!
e uty o tel/oar
of Coun y Commissioners
Garfield County, Colorado
icIMPAVI44MItetermentonelaneetenopece.
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gain; sell and coital, the Mune is winter and font aforesaid, and that the MO aid free and clear front all former
and other grtinte, btirgiibui, oalea, tient; tueb, aseeismente and eneumbraneeS of Whatever kind or nature goeig.
except 1974 .general .propetty taxee * easement.s , and rights of way
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mai S the day and year first above written.
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Book 407 Page 3;x1
Flied rr„,.record the_ 26 ,1„,,,1„,, aJan • A. A. 1(1_70, : ilC.<feloak-PM.
245393
n,'ceit Ion No
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41,
Chas.Chas . S . ikeegan3CAIlf-)--r-?Ilronnen.
11y
ce i►, Made this
'day of January
one thousand nine hundred and fifty --four between
of the County of Rowan
MARIE ROSE LUPTON
l:;;nbrs;ii1tiD
1i
IIiFS
in. the year of our �.6i(1
VALVE
and State of pcDfIccmuL of the first part, and
• Kentucky _( / 7/ _1�;//
JAMES 13. SAMUELSON and MARILYN J. SAMUELSON �T`716—e
of the 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 considerations act1=R5c,
to the said party of the first part in hand paid by the said parties of the necond part, the receipt whereof is
hereby confessed and acknowledged, ha 9 granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm, unto the said parties of the second part, not in tenancy in common but in
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following
described lot or parcel of land, situate, lying and being in the County of Garfield and State
of Colorado, to -wit:
Beginning at the Northwest Corner of the Northeast Quarter of the
Southeast Quarter (NE4SE4) of Section Two (2), Township Six (6) South, -Range
Eighty—nine (89) West of the Sixth Principal Meridian; thence Easterly along the
quarter section line 172 feet; thence South to the North boundary of. U. S.
Highway No. 24; thence Westerly along the Northerly boundary of said U. S.
Highway No. 24 to its intersection with the West line of the NE -10 of Section 2;
thence Northerly along the West line of said NEL;SEh of Section 2, to the place
of beginning, together with any and all ditch and water rights belonging to,
used upon or in connection with the lands above described, and more particularly
but without limitation upon the foregoing, the proportionate interest in and to
the ditch and water rights to which the said lands are entitled under that
certain decree appearing of record in tho office of the Clerk and Recorder of
Garfield County, Colorado, as Document No. 29215, in Book 51, at Page 337 thereo
Together with all and singular the hered'taments and appurtenances thereunto 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 y 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, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
And the said part y of the first part, for herself heirs, executors, and administrators, (10 es
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns
and the heirs and assigns of such survivor, that at the time of the enscaling and delivery of these presents,
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 aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessnlenta and incumbrances of whatever kind or nature soever,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of then, their assigns and the heirs and assigns of such survivor, against nit 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.
In Witness Whereof, The said party of the first part ha
and seal the day and year first above written.
Signed, Sealed
and Delivered in the Presence of
I C;
hereunto set her
hand
CciTa
IcEnucK C
STATE OF ooa:talrAl nxx
99,
County of...RUWAJI The foregoing instrument was acknowl-
edged before me this /1(24k day of January , IoSb
by. M ROSE LUTON
Witness my hand and official .cal.
My commission expiren.......1:4
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NCWA
NO NAME CREEK WATER ASSOCIA'T'ION INC.
P.O. Box 2594 Glenwood Springs, Co 81602
July 5, 1995
Susan Quevedo
I3ox 2472
Glenwood Springs, Co.
Dear Susan,
There will be water shares available for your 3 parcels if certain conditions are mel before the
shares can be purchased. The main obstacle being at this titne the cunrent 2" service line to the
existing properties is not adequate to supply any other residences without being upgraded to a 6"
line and providing for proper fire protection. There are several other conditions that will have to be
dealt with if you decide to continue with your subdividing plans. Please contact the No Name
Creek Water Association at 945-5793 for further information.
Sincerely,
o _ s E. Eggleston
NCWA President
Queve o 45. Ii/5/96
Aufri"G go�.7
The site of this proposal pis located north of I-70, approx. 1/4 mile east of the No Name interchange
and the current location of the Deerhaven cottages. The southern third of the property slopes
gradually to the north and the remainder of the property slopes at much steeper angles, reaching
slopes of 48%.
The character of the area is predominantly residential as a number of single family homes are located
nearby on lots of varying sizes. The Forest Service and Bureau of Land Management each own land
adjacent to this property.
This request specifies the division of the 14.17 acre tract into three parcels of 1.0, 4.5 and 7.5 acres.
The smallest lot would consist of the existing Deerhaven cottages, the 4.5 acre tract is proposed to
be developed into the applicant's new homesite and the remaining 7.5 acres is not currently specified
for development; however, it is staffs opinion this lot would eventually be developed into a single
family homesite.
Staff has conducted a lengthy search of County records to determine how this tract existed January
1, 1973. This search was unable to uncover any deed to this property prior to 1974; however, after
recovering deeds for adjoining lots, staff is reasonably sure this request meets the provisions of
Section 8:52 of the Subdivision Regulations, as only lot 057, shown on the Assessor's Map, was
created by an earlier exemption.
The property lies within the R/G/SD zone district which designates a minimum lot size of 20,000
square feet. All proposed lots are in excess of this minimum. Section 5.04 of the Zoning Resolution
mandates that a building envelope of one acre, less than 40% slope, be available on all lots that would
be created. The sketch map, made by a licensed surveyor, includes a note stating this provision can
be met.
Water - The water supply for the proposed lots would be from the No Name Creek Water
Association. Evidently, 2 water shares, per lot, are required, one share for household use, the
remaining share for irrigation water. It appears the water association is willing to supply the water,
provided certain conditions are met by the applicant. According to a representative of the Water
Association, the applicant would be financially responsible for providing an upgrade to the existing
2" water line to a 6" water line and provide additional fire protection. After reviewing the staff
comments, the applicant has discussed these upgrades with the water association who, it appears,
would require the upgrades be done at the time the applicant applies for County building permits.
Staff would recommend that, prior to applying for building permits, the applicant provide the
necessary upgrades to the water supply line.
The treatment of waste water generated by the lots to be created is specified to be individual sewage
disposal systems. According to the Soil Conservation Service, soils are generally deep and well -
drained. Building site development and use of ISDS carry moderate to severe ratings, generally due
to slope and the presence of large stones. Staff recommends a plat note be included to address these
limitations.
Access to the proposed lots would be from highways 6 & 24. It appears an easement would be
necessary to provide access to the lots to be created.
Fire protection - The glenwood springs department of emergency services has been asked to
comment, but no reply has been received, to date. Staff recommends the applicant follow any
suggestions the Dept. may have. Furthermore, a plat note should be included to address wildfire
mitigation.
The applicant shall be required to pay the $200 school impact fee, or each new lot created, and all
other easements will be required to be shown on the exemption plat. Additionally, upon adoption of
a road impact fee, any future builder would be required to pay the fee, to be paid at time of building
permit application, paid by the building permit applicant.
Based on this information, staff recommends approval of the application subject to the listed
conditions.
GARFIELI?COUNTY SURVEYO" OFFICE
MARCH 3, 1997
GARFIELD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO.
81601
ATTN: MR. MARK BEAN, DIRECTOR21�
RE: COUNTY SURVEYOR REVIEW OF THEME) SUBDIVISION EXEMPTION PLAT
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING:
1) IN LINE 5 OF THE LOT 2 DESCRIPTION THE BEARING OF S.00°23'48"E. IS WRITTEN AS
S.00`23'23'48"E.
2) THE MONUMENTATION FOUND OR SET AT THE SOUTHEAST CORNER OF LOTS 2 AND 3 AND THE
NORTHEAST CORNER OF LOT 1 SHOULD BE NOTED ON THE PLAT. IF THEY HAVE NOT BEEN SET
THEN THEY SHOULD BE NOTED AS "TO BE SET".
3) FOR FUTURE REFERENCE WITH THE ASSESSOR AND CLERKS' OFFICE, THE PLAT SHOULD BE
GIVEN A NAME. (I.E. CURRENT OWNER'S NAME.)
4) ON EXEMPTION PLATS, AN ATTORNEYS' CERTIFICATE IS NOT REQUIRED.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FR.E TO GIVE ME A CALL.
CC:
JIM SEXTON, P.L.S.
SEXTON SURVEYING
P.O. BOX 1951
GLENWOOD SPRINGS, CO.
81602
HAND DELIVERED
COUNTY FILES
NCERELY
SAMUEL PHELPS
AS GARFIELD COUNTY SURVEYOR
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 81601
(970) 945-1377, Ext. 2510
Samuel Phelps
Garfield County Surveyor
Private Office
214 E. Eighth Street , Ste. 210
Glenwood Springs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565
• •
To whom it may concern,
It is the intention of the board of directors of the Noname
Creek Water Association to require Susie Quevedo to install
a water line from the main water line on Noname Lane to her
property, which she wishes to subdivide into a total of three
lots. It is furthur our intention to allow her to install said
water line at her convenience, at which time she requires water
for her subdivided property. The board of directors will assist
her in the collection of tap fees from those of her neighbors
who wish to join the water line, financed by her, which she
will relinquish to the Noname Creek Water Association at the
time of installation.
United States Forest White River Rifle Ran
Department of Service National 0094 Coun
Agriculture Forest Rifle CO
Garfield County Planning Commission
Garfield County Courthouse
Suite 301
109 8th Street
Glenwood Springs, CO 81601
Dear Planning Commission Members:
Reply to: 5400 Gifi;,
Date: January 11, 1996
Please consider the following comments regarding the Subdivision Exemption
Susan Quevedo has applied for. The private land owned by Ms. Quevado is
bordered to the north by National Forest lands.
Owning private land adjacent to National Forest conveys no special rights.
National Forest is owned by the public and a broad range of activities may
occur next to private lands. The Management Prescription for this area is 3B,
which places emphasis on primitive recreation. Activities which may occur here
include, but are not limited to hiking, hunting, photography, camping and so
on.
If any fences, homes or other improvements are proposed near the National
Forest and private boundary a survey should be completed. This will ensure
trespass of improvements does not occur on National Forest and the landowner
would enjoy full use of their private lands.
The water line currently in use by the No Name Water Association is authorized
under a special use permit issued by the Rifle Ranger District. If any
portions of the line on National Forest are proposed for modification, such
that Ms. Quevedo may meet the Association's requirements, the Forest Service
must be notified. Environmental analysis regarding the changes would have to
be conducted. If modifications occur solely on private land, analysis and
amendment would not have to occur.
Thank you for the opportunity to comment. If there are any questions please do
not hesitate to contact Cindy Hockelberg, Rifle Ranger District, 970-625-2371.
Sincerely,
0KEVIN T. RIORDAN
Acting District Ranger
IN REPLY REFER TO:
• •
al'
United States Department of the I iOr
�G
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area- "` '.. ` _
50629 Highway 6 and 24 w... RF a} I Y
P.O. Box 1009
Glenwood Springs, Colorado 81602
November 30, 1995
Mr. Eric McCafferty
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, Colorado 81601
Dear Mr. McCafferty:
In response to your request for comments regarding the proposed'Quevedo
Subdivision Exemption located at 55785 Highway 6 & 24 in No Name, I offer the
following statements for your scheduled December 11, 1995, public meeting.
The eastern edge of the tract is adjacent to public lands administered by this
office. Current uses on the BLM primarily involve bighorn sheep habitat.
1. Ownership of land adjacent to BLM-administered public land does not grant
the adjacent landowner(s) any special rights or privileges for the use of the
public lands.
2. The adjacent public lands are not currently permitted for livestock
grazing. The proponent should be aware of the location of property boundaries
to ensure no encroachment occurs on public land. Should any fence
construction be considered along the private/BLM boundary, the fence standards
should allow for easy passage by big game. This office can provide additional
information regarding fence standards upon request.
3. Adjacent public lands are open to hunting and other dispersed recreation
activities. The proponents should be aware that hunting and other recreation
uses are allowed on BLM-administered land.
4. Any roads, trails, paths, or utilities (water, electric, phone or
otherwise) crossing BLM would require right-of-way (ROW) permits from this
office. An environmental assessment report would be completed as a part of the
ROW permitting process.
5. The area proposed for subdivision is susceptible to debris flows. The
proponent should be warned of the high debris flow potential and the hazards
that rolling rocks pose to homes. These hazards are greatest near or below
ravines.
Thank you for the opportunity to comment. If there are any questions, please
contact Jim Byers of this office at 945-2341.
Sincerely,
'2A-4&,,QW‘ci
Michael S. Mottice
Area Manager