HomeMy WebLinkAbout4.0 BOCC Addendum 12.04.1996• 1
ADDENDUM
TO: Board of County Commissioners
FROM: Eric McCafferty
SUBJECT: Rader Subdivision Exemption
DATE: December 4, 1996
The Board will recall that Mr. Rader/Exxon were recently denied an exemption from the definition
of subdivision, based on a finding that the applicant did not demonstrate, to the satisfaction of the
Board, proof of a legal and physical water supply, professed to be a cistern supplied by the Parachute
municipal water system.
The applicant has since revised the water supply portion of the exemption petition, and now proposes
a shared well that would provide water to the smaller parcels, located south of Parachute Creek. The
proposed, shared well is the subject of a recently -issued West Divide Water Conservancy District
contract, which should enable the Division of Water Resources to issue the appropriate well permit.
See Contract, page - - . Essentially, all other aspects of this new application remain the same
and I am attaching the original staff report for comparison.
If the Board determines the proposed shared well system is an adequate legal and physical water
supply, then staff recommends approval of this application, pursuant to the following suggested
findings and conditions:
SUGGESTED FINDINGS
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.
3. 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.
CONDITIONS OF APPROVAL
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. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00 in School Impact Fees, per lot ($400.00
total), for the creation of the exemption parcels, prior to authorization of an
exemption plat.
5. That the following plat notes be included:
"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, if the lot has not previously
been annexed to the Town of Parachute."
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific individual sewage disposal system needs on the site."
"The individual lot owners shall be responsible for the control of noxious weeds."
That the recording fees for the exemption plat and all associated documents be paid
to the County Clerk and Recorder prior to the signing of an Exemption Plat by the
Board of County Commissioners and a copy of the receipt be provided to the
Planning Department.
7. That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
That all proposed lots shall comply with the Garfield County Zoning Resolution of
1978, as amended and any construction shall comply with the 1994 Uniform Building
Code, as adopted by Garfield County.
The applicant shall adhere to all recommendations of the letter submitted by the Grand
• •
Valley Fire Protection District, dated September 10, 1996.
10. Prior to final approval, the Division of Water Resources shall issue the appropriate
well permit attesting to the legal supply of water for the smaller lots, the well shall be
drilled and pump -tested for no less than four (4) hours, with an opinion of the well
driller submitted, stating the physical water supply is sufficient for the proposed uses.
All information shall be submitted to the Planning Department for review.
11. A Well -Sharing Declaration shall be drafted and recorded with the exemption plat,
which shall set forth all costs associated with the operation and maintenance of the
well and the manner in which assessments will be made and paid.
12. That the following provisions be included in the protective covenants governing the
exemption parcels:
One (1) dog will be allowed for each residential unit within an exemption and the dog
shall be required to be confined within the owner's property boundaries, with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases.
No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
•
Contract No. 961108EC(a)
Map ID No. 237
Date Activated 11/18-I96
APPLICATION AND DATA FORM TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT ,r—
Name
Address 1'•0 - e OA i (.<1 Tx 7 7 2 71 - 1
Telephone Number 7I S / L, z;- y o r, q
Authorized Agent7or� Representative {i Q y J -e.,\
RO r]x 26D y 6 0, .,.0,--t SDr.A „ S (</o ?j 07
B. WATER RIGHT OWNED BY PPLICANT
Name of Right (' ) 1
970- 9Y; - /3" zc
Type of Structure or Right UJ z 1 1
Location of Point of Diversion
1 ./
Water Court Case No. A//!'
Well Permit No.
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include complete and accurate lecal
description of property on which water right is to be used.
May be attached as Exhibt A)
- / -
Total Acreage 17
Description of Use be
Number of Dwelling Units ( 1 .o
r_opUsed P Lable Watt System c....) <_\ 1
Proposed Waste -Water Treatment System
ca D r
— L -, _G 1, -1 -1
Projected Monthly Volume of Leased Water Needed in Gallons:
Jan. Feb. Mar. Apr. May
June. July Aug. Sept. Oct.
Nov. Dec.
Annual Total Gallons Acre Feet
Maximum Instantaneous Demand gpm
D. OTHER REMARKS
Date //
7144
r
S±''ncLure
Signature
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC 10/7/96
An exemption from the definition of
subdivision.
Exxon/Hayden Rader
A tract of land located within Sections 1 & 12,
T7S, R96W of the 6th P.M.; adjacent to the
western edge of the Town of Parachute.
80 Acres
Parachute municipal supply/cistern
Individual Sewage Disposal System (ISDS)
Future extension of Parachute Park Boulevard;
County Road 215.
R!L (Resource Lands - Gentle Slopes/Lower
Valley Floor)
R/L; municipal zoning
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The tract is located in District A - Parachute Urban Area of Influence as designated by the
Garfield County Comprehensive Plan's Management Districts Map (1981; 1984).
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject tract is 80 acres in size, located adjacent to the western
border of the Town of Parachute, south of County Road 215. Parachute Creek flows
through the southern portion of the tract and also forms a portion of the western
boundary of the tract. See vicinity map, page " gogo..
Adjacent Land Uses: The majority of the area surrounding this tract was originally
contemplated to service the shale oil industry, with the Gala Commercial Park located
•
to the southeast and the Parachute Park PUD is located south of the tract. Parachute
Park was approved in 1985 and included a mix of residential, light industrial and
commercial uses. The project has never been developed and all lots within the PUD
remain vacant.
C. Proposal: The applicant proposes to subdivide, by exemption, the 80 acre tract into
three (3) parcels of 4.77, 11.19 and 64.18 acres each. The smaller parcels would be
located south of Parachute Creek and would be separated by the eventual extension
of Parachute Park Boulevard. Exxon would retain the larger parcel and Mr. Rader
would obtain title to the smaller parcels. Both smaller parcels are proposed to be
developed as single family residential.
D. History: In mid-1995, by Resolution 95-055 (attached, page! g ' /Q.) the Board
approved an exemption request for the subject tract, approving two (2) lots, with the
centerline of Parachute Creek creating the boundary between the lots. Upon the
request of the Town of Parachute (See letter, page _� % oP ) and staff
recommendation, the approved exemption plat was required to designate an easement
for the extension of Parachute Park Boulevard across the northerly parcel, land that
would be retained by Exxon. Exxon objected to this easement and indicated that Mr.
Rader had no authority to designate this easement. See letter, page or/ 2 Exxon
subsequently requested the Board to rescind approval of the exemption request, which
occurred by Resolution 95-081. See Resolution, pages `/3.4 -
M. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will he 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 (State or Federal highway, County
road or railroad), preventing joint use of the proposed tracts, and the division occurs
along the public right-of-way, such parcels thereby created may, in the discretion of
the Board not he considered to have been created by exemption with regard to the
four (t) lot, parcel, interest or dwelling unit limitation otherwise applicable;"
The application contains a deed from 1967, Book 384, Page 286, that describes the
subject tract and it ap ears the tract has remained in this same configuration since.
See deed, pages /-t? . Two additional deeds have been provided that
demonstrate Exxon as the current owner of the tract; one deed from 1980 granting
a 60% interest in the land and another deed from 1982 granting the additional 40%
interest in the same land. For the sake �oo Th-revity, only the first pages of both deeds
are attached. See deeds, pages /p' J7;
• •
Zoning: The tract is located within the R/L (gentle slopes/lower valley floor) zone
district and all proposed lots are in excess of the two (2.0) acre minimum lot size.
C. Water Supply: The applicant proposes to supply the two (2) smaller parcels with
water that would be purchased from the Town of Parachute's municipal supply and
stored within individual, 1000 gallon cisterns. The Town has agreed to supply this
water; however, is reluctant to enter into a contract to guarantee a perpetual supply.
See water supply letter, page! Za - . Given the location of the parcels and the
location of the Town's water and sewer service lines, staff contemplates that the
parcels would likely be developed using the Town's services and the provision of
cisterns is specified to meet County regulations. As this is essentially .the first time the
new regulation allowing cisterns is being utilized, it is incumbent upon the Board to
determine the adequacy of the proposed water supply, consistent with Section 8:52
(D) of the County Subdivision Regulations, to wit;
The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria:
Provision has been made for an adequate source of water in terms of both the legal
and physical quality, quantity and dependability.. .
Although it would seem perfunctory and useless to require the installation of cisterns
since the parcels would most likely be developed using municipal services, the
installation of cisterns should be required, to fulfill County regulations. Staff suggests
a condition of approval that instructs the applicant to either provide individual
cisterns. at least 1000 gallon capacity and all related infrastructure for each lot, or that
the applicant be required to provide the lots with municipal water, by whatever means
the Town of Parachute deems necessary, prior to the approval of an exemption plat.
This would assist in ensuring the provision of an adequate water supply and would
assist in enforcing regulations. Staff would also recommend a plat note to state the
approval of this exemption was not based on well permits issued by the State
Engineer's Office and that no new well permits should be issued for the smaller lots.
D. Soils/Sewer: The proposed method of waste water disposal for the smaller parcels
would be the use of individual sewage disposal systems (ISDS). According to the
Soil Conservation Service, soils on-site are predominantly within the Arvada loam
classification. When used for building site development, the soil is considered to have
moderate to severe constraints due to high clay content and high shrink -swell
potential. When used for ISD systems, the soils are considered to have severe
constraints due to slow percolation. Staff recommends the inclusion of a plat note to
address these limitations.
E. Access: The smaller parcels would be accessed by an extension of Parachute Park
Boulevard, which currently extends to the southern property line. Staff recommends
that, as a condition of approval, the applicant comply with the letter provided by the
Parachute Board of Trustees and deed to the Town an 80 foot easement for public
right-of-way across portions of the smaller parcels. See letter, page"' 2 % r'.
Staff notes that the reason for rescinding the original exemption approval was based
on the fact that the easement requested by the Town of Parachute and originally
agreed upon by Exxon, was later found to be unacceptable to Exxon. It appears the
Town still seeks an easement across the Exxon tract and any action taken by the
Board shall in no way absolve Exxon Corporation from commitments made to the
Town of Parachute regarding the future extension of Parachute Park Boulevard,
should the Exxon tract be developed, at a future date.
F. Fire Protection: The Grand Valley Fire Protection District has provided a letter,
essentially approving of the exemption request with the following conditions:
I] Requests that all structures be separated from native pinyon/juniper trees by a
distance of four times the surrounding tree height, or 60 feet;
2] The source of water for fire trucks is adequate from live stream or pond;
3] Access to all structures should be sufficient as parcels adjoin Parachute PUD.
See letter, page` Z 2 • . Staff recommends the inclusion of the standard plat note
addressing wildfire mitigation.
G. Easements: All required easements for access, utilities, water supply, etc.,will be
required to be shown on an exemption plat.
H. School Impact Fees: The applicant will be required to pay the $200 school impact fee
($400.00 total), for the creation of the exemption parcels.
Potential Road Impact Fees: Upon adoption of 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, if the lot has not been previously
annexed to the Town of Parachute. 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.
3. 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 the application, pursuant to the following conditions:
1. 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. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00 in School Impact Fees, per lot ($400.00
total), for the creation of the exemption parcels, prior to authorization of an
exemption plat.
That the following plat notes be included:
"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 thit, exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant, if the lot has not previously
been annexed to the Town of Parachute."
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific individual sewage disposal system needs on the site."
"The individual lot owners shall be responsible for the control of noxious weeds."
"The approval of this exemption creating the smaller lots was not based on the
issuance or review of water well permits from the State Engineer's Office. The water
supply for the smaller lots shall be from individual cisterns and/or the Town of
Parachute municipal water supply."
•
6. That the recording fees for the exemption plat and all associated documents be paid
to the County Clerk and Recorder prior to the signing of an Exemption Plat by the
Board of County Commissioners and a copy of the receipt be provided to the
Planning Department.
7 That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
8. That all proposed lots shall comply with the Garfield County Zoning Resolution of
1978, as amended and any construction shall comply with the 1994 Uniform Building
Code, as adopted by Garfield County.
9. The applicant shall adhere to all recommendations of the letter submitted by the Grand
Valley Fire Protection District, dated September 10, 1996.
10. The applicant/developer shall install individual cisterns, at least 1000 gallon capacity,
and any necessary infrastructure, for each of the smaller lots (lots south of Parachute
Creek), prior to final approval.
11. That the following provisions be included in the protective covenants governing the
exemption parcels:
One (1) dog will be allowed for each residential unit within an exemption and the dog
shall be required to be confined within the owner's property boundaries, with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases.
No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
/1*
/C-14 v
-
T.
Q
V
(.(-2 I\ % C..,
�- '� r ,�
,\
V I
' T J
r
r v /
tip. Jam
' '< 1A-
4..-
I�
-
• • �d
480723 B-947 P-60 07/18/95 01:31P PG 1 OF 3 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss
County of Garfield
Ata regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 17th of July A.D. 19 95 , there were present:
Marian I. Smith , Commissioner Chairman
Arnold L. Mackley Commissioner
Elmer (Buckev) Arbaney , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-055
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR HAYDEN RADER.
WHEREAS, HAYDEN RADER petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the terms "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 April 23, 1984, Section 8:00 through 8:60 and for the division of
a 81.46 acre tract as described in Book 384 at Page 286 as filed in the Offices of the Clerk and Recorder
of Garfield County, Colorado, into two (2) tracts of approximately 17.28 and 64.18 acres each, with
the exemption parcel (17.28 acres) more practically as follows:
See Attached Legal Description
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed 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 division does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be permitted by the Colorado Department of Health, that the requested
division is not part of an existing or larger development and does not fall within the 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 "subdivision" and "subdivided land"
as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and
23 B-947 P-61 07/95 01:31P PG 2 OF 3
•
NOW THEREFORE, BE IT RESOLVED that the division of the above described 6.566 acre
exempted parcel is hereby from such definitions and may be conveyed in the form of lot "1",lot"2" and
lot "3" as are more fully described above and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this 18th day of July
ATTEST:
Clerof the -Board
vote:
, A.D. 19 95
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly red seconded the foregoing Resolution was adopted by the following
. 1;1.1'
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
, Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
• •
480723 B-947 P-62 07/18/95 01:31P PG 3 OF 3
PARCEL 1
A parcel of land situated in the Southwest one-quarter of the Northeast one-quarter (SW1/4 NE1/4) and the
Northwest one-quarter (NW1/4) of Section 12, and the Southwest one-quarter of the Southwest one-quarter
(SW1/4 SW1/4) of Section 1, in Township 7 South, Range 96 West of the Sixth Principal Meridian. County
of Garfield. State of Colorado, being more particularly described as follows:
Beginning at a point on the West right-of-way line of County Road 215 as described in a deed recorded in
Bock 619 at Page 189 of the Garfield County records, whence a rebar at the Northwest corner of said
Section 12 bears S81'15'04 -A. a distance of 876.65 feet and with all bearing cited herein being relative
to an assumed bearing of 589'55'14"E between rebar/caps marked "Scarrow 6 Walker" set for the
C -W-1/16 and C-1/4 corners of said Section 12.:
Thence along said right-of-way line, 548'19'06"E. a distance of 1595.20 feet:
Thence along said right-of-way line, along the chord of a spiral curve, S49 '39'47"E. a distance of 203.45
feet:
Thence along said right-of-way line. 232.56 feet along the arc of a 1482.39 foot radius curve to the left, with
a central angle of 08'59'19", and a chord bearing S.56 '48'44-E, a distance of 232.32 feet to the West
line of Parchute Avenue:
Thence along the West line of Parachute Avenue, S48 '17'30-E. a distance of 816.55 feet:
Thence departing said West line. S41'42'30"W, a distance of 500.00 feet:
Tnence S48 '17'30"E, a distance of 330.00 feet:
Thence 541'42'30"W to the center of Parachute Creek:
Tnence along the center of Parachute Creek Northerly and Westerly to the West line of the SE1/4 NW1/4 of
sa:d Section 12:
Thence along said West line, S00'35 28"W to a rebar and cap marked "Scarrow 6 Walker:
Tnence N48 '08'39-W. a distance of 462.13 feet.
Thence N17'33'25"E. a distance of 142.86 feet to the North line of the SW1/4 NW1/4 of said Section 12:
Thence N08'12'00"E to the center of Parachute Creek:
Tnence along the center of Parachute Creek. Northerly and Westerly to its intersection with the Easterly line
of the Lindauer property:
Thence along said Easterly line. N52'57'27 E to a rebar and cap marked "Gingery Assoc.-:
Tnence along said Easterly line. N10'31'19"'W, a distance of 45.81 feet to a rebar and cap marked
-Gingery Assoc.T:
Thene along said Easterly line, N5,8 '35'54-W, a distance of 58.34 feet to a rebar and cap marked
Gingery Assoc.-,
Thence along said Easterly line, N38'15 33'E, a distance of 422.79 feet to the Point of Beginning
Sub lett to and together with an eighty -foot wide access and utility easement as shown on the
accompanying plat.
PARCEL 2
A11 that part of the Southeast one-quarter of the Northwest one-quarter (SE1/4 NW1/4) lying South of the
center of Parachute Creek in Section 12. Township 7 South, Range 96 West of the Sixth Principal Meridian.
County of Garfield. State of Colorado
cuo]]ect to and together with an eighty -foot wide access and utility easement as shown on the
accompanying plat.
•
TOWN OF PARACHUTE
ADMINISTRATION
222 Grand Valley Way
Telephone: (970) 285-7630
Facsimile: (970) 285-9146
June 28, 1995
Mr. Hayden Rader
P.O. Box 366
Glenwood Springs, CO 81602
P.O. Box 100
RE: Garfield County Subdivision Exemption Approval
for "Parachute Park Boulevard"
Dear Mr. Rader:
4110\0i}<
JUN 301995
UAr =li=LD GOutiTY
Parachute, CO 81635-0100
Town Administrator
David G. Rousseau
I have had the opportunity to meet and discuss with the Parachute Board of Trustees. Grand Valley Fire
Department's Fire Chief Gary Mahaffey and Garfield County Road & Bridge Senior Foreman Marvin
Stephens about the proposed right-of-way of Parachute Park Boulevard.
The Board of Trustees has not changed its position about the proposed right -of -waw of Parachute Park
Boulevard to be shown as an easement, and dedicated to the public with appropriate dedication language on
the Final Exemption Plat.
Fire Chief Gary Mahaffey has also expressed his desire to preserve the right -of -waw of Parachute Park
Boulevard to County Road 215. He wants to be assured that there will be adequate access for emergency
vehicles through Parachute Park P.U.D. and your =80 acres (former site of the Colony Staging arca), in the
event of future development.
County Road Foreman Marvin Stephens did not see any problems with the proposed intersection of Parachute
Park Boulevard and County Road 215. It appears to intersect at a straight portion of County Road 215, with
no tall vegetation growth within the immediate area or curves that would hinder vehicular traffic entering and
exiting.
Mr. Stephens expressed that before the final exemption plat is signed, he would like a chance to review it for
the proposed intersection drainage easement. He may be reached at 625-275 1, Garfield County's Road &
Bridge Shop in Rifle.
Should you need any additional information, please do not hesitate to contact me.
Sing rely,
/2u
David Rousseau
cc: File Copy
•r
• •
E)®N COMPANY, U.S.A.
POST OFFICE BOX 2567 • HOUSTON. TEXAS 77252-2567
LAND MANAGEMENT DEPARTMENT
FEE LAND
Mr. Mark Bean
County Planner, Garfield County
109 8th Street
Glenwood Springs, Colorado 81601
nec.r Mr. Boar.:
July 25, 1995
Colony Project Lands
Sales Tract No. 2 - 17.28 Acres
Garfield County, Colorado
I am writing in regards to the subdivision plat recently submitted by Mr. Hayden
Rader affecting lands currently owned by Exxon and located in Secs. 1 & 12, T7S,
R96W, Garfield County, Colorado.
Several months ago, we entered into a contract of sale with Mr. Rader to sell him
17.28 acres out of an approximate 81 acre tract of land. Our intent was to sell
Mr. Rader that portion of the property located south of Parachute Creek. As part
of our trade, Mr. Rader was responsible for obtaining County/City approval for the
subdivision of the larger tract. At no time, did we agree for him to take any action
which might affect our remaining property.
When we recently obtained a copy of the subdivision plat, we noted that an 80'
wide access & utility easement was shown extending from the land to be sold
northward across Exxon's property to County Road 215. This easement was
never dedicated or conveyed by Exxon and we do not wish to encumber the
property with such an easement. Therefore, we ask that you take necessary
action to remove the easement from the plat submitted by Mr. Rader.
Should you have any questions, please call me at (713) 423-4068.
SLH
c - Mr. B. D. Patterson
Ms. Mogli Fairbanks
Vicki Lee Green Realtors
Sincerely,
//),-k_z&
Stephen L. Honea
484350 B-956 P-52 10/18/95 10:57A PG 1 OF 2 REC DOC NOT
h1ILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss
County of Garfield )
Ata special meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Tuesday the 17tho f October A.D. 19 95 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-081
A RESOLUTION CONCERNED WITH RESCINDING APPROVAL OF AN EXEMPTION
FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS IN RESOLUTION 95-055
AND THE CORRESPONDING EXEMPTION PLAT.
WHEREAS, on July 17 ,1995, by Resolution No. 95-055 and by signature on an Exemption
from the Definition of Subdivision recorded as Reception No. 480775, the Board of County
Commissioners did approve an exemption from the definition of subdivision for Hayden Rader, and
WHEREAS, one condition of approval required of the applicant to show the proposed right-
of-way of Parachute Park Boulevard that traverses the property as an easement, and dedicated to the
public with appropriate dedication language; and
WHEREAS, the applicant was not the owner of the property, but was acting as the agent for
Exxon Corporation; and
WHEREAS, Exxon Corporation, by a letter dated July 25, 1995 from Stephen L. Honea, Land
Management Department, requested that the Board of County Commissioners to remove the easement
for Parachute Park Boulevard from the plat; and
WHEREAS, the Board of County Commissioners conducted a public meeting as required by
the Subdivision Regulations of 1984, as amended, on October 9, 1995, to consider the question of
whether the plat should be rescinded.
WHEREAS, representatives of the Town of Parachute presented testimony and evidence at the
public meeting that demonstrated that Exxon Corporation had identified the proposed extension of
Parachute Park Boulevard as shown on the plat, as the logical extension of Parachute Park Boulevard,
in a transportation study done by Exxon in the early 1980's; and
• •
WHEREAS, the Town of Parachute is still relying on the future extension of Parachute Park
Boulevard, as originally proposed, the Town requests that any plats for the property include an eighty
foot wide easement or right-of-way for the extension of Parachute Park Boulevard and utilities; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the approval of an exemption from the definition of subdivision contained in
Resolution No. 95-055 and an Exemption Plat titled the Rader Subdivision Exemption and recorded
as Reception No. 480775 and a plat recorded as Reception No. 480775, in the records of the Garfield
County Clerk and Recorder, are hereby rescinded.
FURTHER, BE IT RESOLVED by the Board of County Commissioners of Garfield County
that the rescinding of the approval given to the previous documents in no way absolves Exxon
Corporation from commitments made to the Town of Parachute regarding the future extension of
Parachute Park Boulevard, should this property be developed further at a future date.
Dated this 18thday of ocrober , A.D. 19 95 .
GARFIELD COUNTY BOARD OF COMMISSIONERS,
GARFIELD COUNTY, COLORADO
ATTEST:
Cle of the Board Chairman
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Aye
, Aye
Aye
STATE OF COLORADO )
)ss
County of Garfield )
I , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
. r 97Qtt11{tLi {.Gr y� dire -01i' • (' iJ4 7itn a Y • ••—•
.—'+��Yf .-;.,_1_ - I .«
he o% on
vett
e
E. line aZine t'he SE%NW�I E the; center: ' 1 line thence
:PS..
.O. line of the SE-;N'W1''of said: Se... Sec. IZ. tof 100
' feet, along' h - l� .
. to the pojn of beginnin IZ a distance: 21 acres;
. more
less. 9. nonre or
� � t• taming i.ZZ acres• mo
0:166' ' of a cab{r• foot, ; WATT ,
• 0 166 o, a: cubic foots peer secoa of ,tittle. priority No.. "20- D
0.55 of a cubic' foot tame:.priori Sl Dijt
Per second ()telt**, 9 and 20 Corn. ll , h.
ZO Cornell
, 'Ditchi transferred- from the
••. IThe above' Land. is Daisy, Ditch_ • ..
Thled _tiblect to the exceptions -and reservations con
ttubStates Government an"to-eaes hts-ofay pl:-or-vthnalit
' emg used or of record prior. to the date hereof.
tine -attt sed be
'parties that'alt of tweets the first
the, above proaerty is Pandas• fol the.second
e�•ed as follows r
''To -Dott :
on iedman,, are undii.ined
To : J Smith„ Jr.,, an nndsvfde,Y on two-thirds ljt aterest: =
! r _ • . _ :. _ . e� t!>zrd interest I
TOGET
II Ind stnmdarfGe 2tetrditamebts
'md
.,, ••••�.. utres tarreartto Lriongi, or in
tririse a
alt anreterarotpr, rem.
t . attd aTt the estate. lien; title mt
_• , ttlCstr claim and demand rrhaI nice of the said
part ies of the Ssst P caber in Taw. oz-
equity, of. in and to the above leo innt premise., with
the hemlitaments and appnstenaares.
TO IIArfi `'D Ta-dIOLD the said iic
prenea. above.hatyne' hoed and des ribed_ with the at.purt�_
awrayt.mato
M' and. the trrers d
•tirtdcr and reminders. nate, issu,�c and
.
proGtc, thcr+eof
of the means met.. t: brit—oath! ;11.4.11,t forever. '
Oe Sifprelic, and riatrloric pt'. sip?reule
Parr ies. pfthe Grsipaet,.
for them- vese/thcam. r entors and administrator.% do
and a�M to nmi.teith the : - roreimnt. Fant; hai+ym
. said parr I- of the serorrd part. t .air«,
I : timeoithee p a delieer�roi• _ ' - S ` - . « luttx alai a:•,i r.; Thar at 'the
thine at 'they'd • ma seised Otthe premises
abate conveyed. ascii ` - . • . -. - . . .
good,.sure►Ieefiec absolute and indefensible estate or inheritance in-law, in fee
simplrawtha—; goat! nghtfulEpoaerandin fnl
_ -... antGoeitytoprautbarpniw, sell -nag! convey the
satte:riittnaniteramdforat•: .
aforeettrd„ and that the sante are free and clear fame alt farmer and other
is ; tom`• oas*asrerosenttiom{nreimd
: e 1367 tazc , w beets- ream cs of whatever kiwi orrtatarr soccer - •
=_ �t.'lVe.
'Raga lees= e bs the senator party: a t+e rise Zoadri a ties aria
etr j per., rxes'a le ,l a 4o"Ti3; ant sr- ,» . ter ver
. _ - lit; « t• ..
z ; and the above :bargained premiss in.'
the quiet and peacenbte possession of the sand patt iel of thraeeond
pact, t;:Nir
FBAs, agsaenevery '�- • , heirs and.
ss aiatlId erg Person orpetaona lsi+bfnliy sor.•to ciaimthenbolo or any part
thereof,• the said part ies .oi the first _ • ' ' . - .
part sbaf:and'wm WARR/ 1TI: A.\
:.. D FOREVER D . _
0S REO ; Thema(' part les of the FF he
Part ba hereunto act their
Lead S : aadseal S'' ' the da •
yand•yea•
riiratebovearittm,,
Vii~--41ts�-� ar�Rer of do+rMioe. that 1
•
c?
R•tcord.,1 u1 i o'do. , M• AUG 119F1(
•Recrpficn No. 3:....17;',14%>7 / LDFCa AL50ORF, kECC,PL ER
SrECIAL
. 1.) , ?�� ).)
AUG 1
-
THIS SPECIAL WARRf•':T! Df' f r r:t1 . or the 1sti
day of'Augyst, 1980, from A'rLAIITIC 1•:ICi1FICLD CO:1rANY, a Penn-
sylvania corporation qualified in Ct)lora,lo, and TOSCO CCP1'GPATIO`:,
a Nevada corporation qualified in C•Itorado, as grantors. to EX::0::
CORPORATION, a New Jersey corporation qualified in Colorado, whose
address is 800 Dell Street, Houston, Texas, 77001, and TOSCQ coR
PORATION, a Nevada corporation qualified in Colorado, whose address
.is 10100 Santa Monica boulevard, Loc I.ngeles, California, 90067,
as grantees.:
.y 4.
•
`,:. WHEREAS,• by mesne conveyances, Atlantic Pich._e:.
Company has become the record owner e' certain of the lands
set forth and described in Exhibit A attached hr• -fete and by
other:•mesne conveyances Tosco Corporation has become the 're-
cord owner of the remainder of the properties net forth and
described in said Exhibit/ and
wHEREAS, the undivided beneficial cwr.eranip of the
entire interest of the grantors in said lards is in fact
owned.sixty'percent (601) by Atlantic Richfield Company and
forty percent (40%) by Tosco Corporation; and
WIiEREA3, the grantors desire by this deed to
.grant and convey to grantees their respective beneficial and
record title.interests to the extent necessary to vest an
undivided 60% -::beneficial and retard title interest in the
lands set forth and dancribed in Exhibit A attached hereto
in Exxon Corporation and an undivided 401 beneficial and
;;record title -interest. in said lands in Tosco Ccr:o ration.
•
�•. - '''' W T`JESSE::i, that the grantors, for One Hundred
:�: Dolla.rs ($100.00) and other good and valuable considerations,
receipt and adequacy of which are ackr.owledgec, has
-granted, bargained, sold, conveyed and transferrer'., and by
-•-these presents does grant, bargain, sell, convey and transfer
'c;.'' -to Exxon Corporation, its successors and assigns forever, an
undivided sixty percent (60%) interest and to Tesco Corpor--
-7 tion,'its successors and assigns forever, an undivided fort':
percent (40%) -..interest, in and .to all of the lands in Garfield
County, Colorado which areaet forth and described in Exhibit
A attached hereto and by this reference inccr::orsteC herein
as if set forth herein in full, uabject only to ane exceptions
and encumbrances noted therein;
together with all and o:: ular
fixtures, personal property, hered:tx7onts .Zni aFcu=tensnoes
thereunto belonging or in anywise :sei in connection -.th cr
appertaining, and the reversion and rr:versior.s, rc^ninccr
and remainders, rent3, Issues and profits thereof; and all
of the estate, richt, title, interest, claim and demand what-
`�•soovcr, of the grantors, either in law or in eg•:ity, of, in
and to the lands covered hereby/:
and together with all water and water richts, r
ditches and ditch rights, reservoir ..,•.d . .-..rvcir _ ichta,
wells and well sights, and springs ar..•i s: c :. .ici,_s cn,
underly:n., appurtenant to, or hi tr.,r__:'_' used _.. c •'-ection
with said lands, an all easements a:.,:
in connection. thurewit`..
To have and to hold the sa_a '_.,nuL; an•'
with imorov,.^,cnts, flxt...ds, perse..C. h•"re-
ditamento ens acourtcnanc_1, unto ;.rant
successors and ,/:scams :or.ver in
set for`, sub7eut newc'ror, to th••r.-
eu: hrancas, exce ticrs ins res.'_veti , %ny, sot :-7r ...
ICA( .n r,1. JUN 2 2 793;_
N . ji.'i7."7fZZ' i„uA:SZ?C '. S` - ;•f4
rC AL WARRANTY Cr!:
• c;' 1
GARFI',D
slat, Doc. Fp.
$ __.
-}: c S-C:A;, WA RA';TY DrED, e" ive as of the
•a
of -J.?, 19.2, ffrc THE CILSHA:F. CCFrCFATIO!:, a
Delaware corperaticn c•.:a:l`.led in Cclera:: ,
whose address
10:C2 Santa ''c'.ica Foulovard, Los r.-:gele. Cal if^rnia
9CC6' a- grantor, to F YCN CCFI'ORATI N, a 'yeti`' Jersey ccr-
..
pati^n qualified . Colorado, witn pla-e o ` u_ine__ at
E:1C Fell Street, Roust , Texas .2, r -et -res referred
to herein as cra-ter.
w--.;_<c_-p t'-,_ the crantor, `er Cr.e Hundred
Dollars i$1C.CC and otter ccod and a -_:1e considera-
tions, the re:e_c _ and adequacy of which are acknowledged,
has granted, t -a: -gained, sold, conveyed a-'. transferred, and
b9 these ;resents doe= grant, bargain, , convey and
tt.'ars`.er to Ey`::!. its s.:cce.._:rs and assigns
f :ever, an undivided forty percent (4Ciinterest in t^
a 1 cf the lards in Garfield County, Colt.... _ which are set
f rt~ and described in Exhibit A attache=d hereto and by this
rfereice .in:crr_rated herein, as .f set `rt hsrein in
full, subject cn:y to the ceptions and Encumbrances noted
therein or it this S:i_cial Warranty Dee: ;
:ether w•ith an undivided fort percent (4:Y
interest in end ti.7 all and singular the _-:=rc•:erents, fix-
tures, persona: property, hereditament, and appurtenances
thereunto te;cnc-nc e_'i anywise used connection with cr
:.
aaertaining, and the reversion and reversions, remainder
and remainders, rents, issues and _refits _hereof; and all
cf the estates . c t, title, interest, car and deT.. d
whatsoever,
o` t`e granter, either in la or .r. equity, it
and tc_ _. elands ,._ -•bred ::ere`:
To .._:e and to hold the said lands and rights with
said improvements, fixtures, personal property, hered_ta-
rents and appurtenances, unto grantee and its successors and
assigns forever, subject however, to the natters, burdens,
encumbrances, exceptions and reservations, if any, set _`ort':
in any deed cr conveyance by which granter may have acquired
title to said land_, and subject also to any and all mineral
rights and royalties heretofore reserved cr conveyed of
rec^r'. b•.Yrties Iter tan Grantor, a:: exceptions and
reservations cf record by all parties ct`.c.r t.`.an granter,
valid and sutsisting ease -rents and rights-of-way of record,
and all special _. - -ove.:.e nts or other statut_. districts.
And the Grantor, for itself and: its successors,
• covenants and agrees to and with the cra-tef, its successors
and assigns, to forever warrant and deterd ail said lands
and rights in the quiet and peaceable possession of the said
grantee, its successors and assigns, against 311 and every.,
person cr persons lawfully claiming or to claim the whole or
arm;• part thereof, b: through or under the cr, ar.tor , but r.ct
ot!:erwise, except general taxes and the arse>snents of any
stri is fcr 1982 payable _.. :''2?, and except
governmental d: _ _ ?
•
Town of Parachute
229 Grand 3 a1Ie
Telephone: (970) 285-7630
Facsimile: (970) 285-9146
September 4, 1996
ri �• ��_u;r,•3;7ti L+
SEP 0 5:1996:
G9r * s LD CC.vsNTY
P.O. Box 100
Parachute, CO 81635-0100
Town Administrator
David G. Rousseau
Mr. Hayden Rader
P.O. Box 366
Glenwood Springs, CO 81602
RE: Domestic Water Supply Source
Dear Hayden:
As per our conversation yesterday, concerning a source of domestic water for use on the 17 -acre
parcel you are purchasing from Ekon, I am hopeful the following information will help you
proceed with your subdivision exemption process through Garfield County.
It has always been the Town of Parachute's position to sell bulk water to out-of-town households
for domestic use only. Your request was to supply two proposed households with 1,000 gallon
cisterns.
As long as the Town has adequate water resources to serve its residents, I do not foresee any
problem with continuing to provide bulk water sales. Your use would be transferable, should you
elect to sell the property.
Shoul ou need any additional information, please do not hesitate to contact me.
Sincerely,
David Rousseau
Town Administrator
cc: File Copy
Mr. Mark Bean
J
•
Town of Parachute
Adm inistrr �tio::':::.....
•
222-:Gri fitt alley
Telephone: (970) 285-7630
Facsimile: (970) 285-9146
July 18, 1996
Mr. Hayden Rader
P.O. Box 366
Glenwood Springs, CO 81602
•
FILE COPY
P.O. Box 100
Parachute, CO 81635-0100
RE: Parachute Park Blvd. Easement
Dear Hayden:
Town Administrator
David G. Rousseau
This letter shall confirm at the Parachute Board of Trustees last regular meeting on July 11, 1996,
the Board supported your decision, with conditions, to proceed with your subdivision exemption
splitting the Exxon property.
The Board therefore withdraws its objection to the subdivision exemption request by Exxon to
permit you to purchase the 17 acre parcel, provided that you agree to deed to the Town, the 80
foot easement for the right-of-way for the west bypass as shown on the Turner, Collie and
Braden plans, as it passes through the property you are purchasing. The Board does not intend
by this action to release Exxon from its obligation to provide an easement across the remaining 63
acre parcel at such time as the roadway is deemed necessary by the Town or the County
Commissioners.
Should you have any questions or need additional information, please do not hesitate to contact
me at (970) 285-7630.
Sincerely,
David Rousseau
Town Administrator
cc: Mr. Steve Carter, Town Attorney
Mr. Mark Bean, Garfield County Planner
410 GRAND VALLEY•
FIRE PROTECTION DISTRICT 1;,•,'-
P..
' r�i L).1,__1::-1
r
P. 0. Box 295 1 E;;.
Parachute, Colorado 81635 . �3,.t-p? . '"
(303) 285-7630 1.
` I
September 10, 1996
Garfield County Planning Department
c/o Mr. Eric McCafferty
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Subject: Proposed ExeXnption for Hayden/Rader Property
Dear Mr. McCafferty:
At the request of Mr. Hayden Rader, the Grand Valley Fire Protection District in
Parachute has reviewed his request for an exemption. The parcels are part of the
property known as the Rader/Exxon exemption, and this action involves lots #2
(11.19 acres) and #3 (4.77 acres) which are south and west of Parachute Creek.
This exemption is approved with the following conditions:
1. Request that all stnictures be separated from native pinyon/juniper by a distance
of four tunes the surrounding tree height or 60 feet.
2. Source of water for fire tricks is adequate from live stream or pond.
3. Access to all structures should be sufficient as parcels adjoin Parachute PUD.
Therefore, the Fire District has no concerns with this exemption. If there are any
questions, please contact me.
Sincerely,
Ed Baker, Asst. Fire Chief
District Sec./Tres.
cc: Mr. Hayden Rader
P.O. Box 366
Glenwood Springs, CO 81602