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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 •tT. • • 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 6,714eia /1/ Pe_ai • • "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. fe v4t n 12211/ �✓� a�kyvl (7" S /-2°;a" (>) u j 41110 If -/ I 1 \ t/--�-.-II — 1^ \ II J 11 ( r- 1 I�II:I 1; 1 C to \�c r 1 . {' r„, , ' _ 1'j1` °Y „ t, I \I\ --)y1 Ai 4 • \\ ;�,� 1 11,1 I il( I / ( )( Thr: 1' ) 11 5 /7 )1, l 1": I 7)11 0 l/I ree ��\�.-11 (-;ykylt%Dt� 11 �l� i���,''`5�;13y Ir 111 / t___ ih '\ IIS -‹.1_ II ;),f2) „J l (' I,I , jr i ''11111'l'Il)1))II' >1I� jl%1,:�((�'�41( \\\ (;`-.141((/ < \� 0'" (l I' -7-Vy. \ ' 'k -\,-\\\_ 4 0 i ,___)`I I , ' 1 t Fob _ ,r r IS 11I0 ( II )..,__,, \ \�,�; --t111A. -1 '/ 1 I, `)o 0 )1' ) : 0 1 ".1'A1 1" ftll All :I L, f (SHOSHONE) 4563 11 SW ti 11 7I'll I 11 ) I I, 00 f --;,- ___ fx-'1,'----\-...' os II: N --- \JIcIftJ1ir NSP - 5 w I-70 57 HIGH 2185-112-00-962 K (Zia sc 6 w tr 1Q in 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 � � �� V 1 aces my hand and official seal. 11 TONYA i NIESLANII J f tr i �s .' ok.CD19ri —. 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 • 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 ,JI • 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. �Pn r3 )(2 1,icllaid 1',. Na v hu::b:nu! / t r 1'luruuce PI. Davi:; wilt' • 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. '10 •"•').'It.i.," eiriVol`4 40,Mi 144; 4. MINefiV i'JY, fe: • `).j",;:%\ • 4, • A" 4 r tat2P... Of:e4t3i14:: an 213;1- fee -t to the point or:, . , ,, atthin:with ail end ilngidsir dui horedltansontb aid appurtouancea t.raptq boongIn • ilitiitahliiif; alb teverelei anatiVeraia#0; t'eatihidei and rewidnderM rent ilei Mt AO efhe ..,, ' eatata9'004 titte• lidirsikot - - 4i 1114444 wim4oivpr 4 the ialti pari Lasbriht. brat Paris either : hgt,litte at In and to tit!' .4104 : i` ..f)rdialiee•rWith ad he"tillnentilandliPillittenallee4' TO ttAVE AND TO HQ fi iiimlapoOovdbittgdfied and dederibed, with Die aPpilitetumeek lidatlittaali/''' partfir of tkeduletnd olio ilii, ' Iiiihi iali 41104 forintir. Andtio old part ie di of trio first part, to0?4,them- 4 idikta Vutiu*511,i itadtithh and adiiiiiihigitarri do ' , Oevinant, grant, bargain and agreo 44 tad withihi : /aid iiirfl#1 ft Oa Imolai Plitt, their hard arid abidgrur, that at tbe Hind of Om onmafing and delivery of thego prea. ale tlitilfIlltevrell ;Weed of the prettifies dor conveyed; sus of .ipiod, lure, perfect, alumiute and indefeasible eetatti of hitterititige, In law, ig foe eigipio, and ha Ve good right, fall vowej mid lawful authority to grant, bar- 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 °Vet* and ' aei•ose ' eaid- likopektyi .1.14 S • Patent reacitvationa and ' ,exceptions, and ztoning,ond other govatnmantal regulations and e above ined probate*, In e gale and peiluable poseeeeton of the ti p ea of the beeond part, their Iii barga ' ' tit i rod arti . heirs end imigne, against all andbyery person or persona !Wilily claiming or to claim the whole or any part thereof, tib Paid 144408 af ilia first port shall and will WAIIRANT AND FOREVER, DEPEND,' their , , • IN WITNESII Wittagor the odd pard.es, ,of the that part haVe ' hereunto rot / hand 9 mai S the day and year first above written. Signed, Sealed and Delivered In tint itiesence af ' , ....:—. .e.... —IBEAL1 nia*.to hloilgeetentileareidtisblatiteir 6)4 Alt.': 001d giSetiPeer.erk. 01144411'N . JAI 4.4; 0 .00 ti0000110 bore hileti 'hint* or' resintattra ettelat oil tr. or ea trytineali21 eepettrrO °Iecuttt iirritiratat7O or ceemaottro.= or 445 :4:1'4 Ptt.' . 1041111.Vb,i , • , " wiewearitaterintarneitliffil I t't ( r• :Rr • •,11.0 • e• 1 • 4 "ta ' el /iiri.,•,..,V. ''' I , .... --'i.li.h.,•:.,.,. ,,,•,, ., , • 11 ,f1. , ,, -, 1) , • , - y. • Y ,;',',i•iq.61V-!';','. 1,‹ ..,,,,:;,„, . •,:. .!, ,..!.,„. , i.,!:4., ,,i• V:ii'Vi;,..P4',','.1•. ..'ir)')., ','.4,•'4,'• '''..j''..7/'...•?s,:fi''''')A1.....,'1,:..-i•'..,4;'''•','.;'11.n.,-,‘‘'•.,q',.1,2c1;;'; • ; ' (' '`'' ;4 k •',\A4.',1' I; 4./ '''';'1 4/''''' )11 ' 4it'', i • '' O''' r• ,A,01,. pl; -. *rf,i.; 1 ' , --" IT 'hi,. ',.' ' ,i"T'l'i''''T‘..", 1(' ?::i.'1%.1q '' .°.:1,-,:'''$:.;.1:11,:‘.('''1/161 YI IKeY1,;,;15::3;;%,.: i . 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A. 1(1_70, : ilC.<feloak-PM. 245393 n,'ceit Ion No l.. 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 I t ,n I in, In , nl, l„1 „, „ I„ , , 11„ilii i�ii•ll,. iy'11 fni od,,, .cii of W AIIIIANTY Drain TO JOINT 'TENANT!' —Ota Wool 1`,I, llnx rout 8t1111 11,11,1 Co., Colored,, Ui rlo o, Colo. oa_Ixl a>� 6) 7J ) to. 11.11. Aing'itt' I' .11:PiAlf} „„i Orc.o. olt • r 444!•,f t 4t t ::•kg41;":"; 14 t t' • • TO' • •'n. 414' Yry ti'ri A 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