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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.07.1996PROJECT 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). H. 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 " ? . B. 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 4 ' /0er) 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 •PJ % • ) 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/ Z i.e. Exxon subsequently requested the Board to rescind approval of the exemption request, which occurred by Resolution 95-081. See Resolution, pages /3 -)q - M. 3.1q• III. 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 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 (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 be considered to have been created by exemption with regard to the four (4) 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 2 . 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 �o--brevity, only the first pages of both deeds are attached. See deeds, pages /S' /7, • • B. 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. 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- Zo . 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 she 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 / i. 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: 1] 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's Z 2 • . Staff recommends the inclusion of the standard plat note addressing wildfire mitigation. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. 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. 2. 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. 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." "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. 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. 11,' 0 5500 I/ 2 <L) / ". N. N, \\ N.. \ \ • / , Ni, \\ , \ \ . . . • — N N.,, ‘, ...Z. \\ 4-7 , =I-- = = = =-4,-- —: I:- /--:'---7------';—.--7 ' ‘----z-- -, / N • \ G.) • CI 1.-4 4=-4- 1... GCS 4, s o \ r r.44 I "44 I 1,4 ; (Y1 / Ni N4 — .„---.---.4-4 / \ , / "4 N • -...' s-- --- ,_._,CN -" 9 //." ‘"r_ // s • , 'r_ a, -- 11 ----- / N11111111k ) co° <o° 0 7 1.2 - _ _ — ?' • 7ftN , \\ gt, A O6 C4. b, <71 • • 480723 B-947 P-60 07/18/95 01:31P PG 1 OF 3 REC DOC NOT MILDRED A1SDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a 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 Arnold L. Mackley Elmer (Buckey) Arbanev 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. 95-055 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 190 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 parcel is hereby exempted 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: Cle . of the Board vote: , A.D. 19 95 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ,,92 Chairman •_j :� Upon motion duly ipand seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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 Book 619 at Page 189 of the Garfield County records, whence a rebar at the Northwest corner of said Section 12 bears S81'15'04"W. a distance of 876.65 feet and with all bearing cited herein being relative to an assumed bearing of S89 '5514-E between rebar/caps marked "Scarrow & Walker" set for the C -W-1/16 and C-1/4 corners of said Section 12.: ,• Thence along said right-of-way line. S48'19'06"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 S56 '48'44-E, a distance of 232.32 feet to the West line of Parchute Avenue: Thence along the West line of Parachute Avenue, 548'17'30"E. a distance of 816.55 feet, Thence departing said West line. S41'42'30"W, a distance of 500.00 feet: Thence 548'17'30"E. a distance of 330.00 feet; Thence 841'42'30-W to the center of Parachute Creek; Thence along the center of Parachute Creek Northerly and Westerly to the West line of the SE1/4 NW1/4 of said Section 12: Thence along said West line, 800'35'28"W to a rebar and cap marked "Scarrow & Walker: Thence 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: Thence 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:: ": Thence along said Easterly line. N10'31'19"W, a distance of 45.81 feet to a rebar and cap marked "Gingery Assoc."; Thence along said Easterly line. N56 '3554-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. Subject to and together with an eighty -foot wide access and utility easement as shown on the accompanying plat. PARCEL 2 All 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. Subject 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: JUN j 1995 U Ftf-iELD COUNTY 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-way 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-way 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 area), 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 625-2751, Garfield County's Road & Bridge Shop in Rifle. Should you need any additional information, please do not hesitate to contact me. Sin rely David Rousseau cc: File Copy •• E?KO 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 Mr. Uv near ar Mn: l Scan: July 25, 1995 Colony Project Lands Sales Tract No. 2 - 17.28 Acres Garfield County, Colorado Gid 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 & 1 2, 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. Sincerely, SLH c - Mr. E3. D. Patterson Ms. Mogli Fairbanks Vicki Lee Green Realtors A DIVISION OF EXXON CORPORATION Stephen L. Honea 484350 B-956 P-52 10/18/95 10:57A PG 1 OF 2 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER STATE OF COLORADO ) )ss County of Garfield ) REC DOC 0.00 NOT At a 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 /4 • • 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 October , A.D. 19 9S . 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. 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':*•':*;' • ' ' .?"`...* - - -, ' • .. :•• .-- -.. Ow fitted, 1:44;1, fiet:i.,' -,firirii,orol.fteimgnittool,-er, all tho follgaibit flrairsioll Inti • f Ar'parreli- ,: :•41`, ''laria,.sitnatellying itigt,VtiAing, ill th' "4 , ,,' - , ; s • . -.Nifty:of", Carfiefd, -'8ti,s.r. 1, 'L , ... .:"..-.'... ".•-• . ,.. • ' 1- - -. , - ', :, ;1' • ,-i',. •••, • ' ....'....‘' *- ' . ' . , .•• . - ce otrOtoraiii•ti•Oi(: ' ' • • . ' • :..,. *, "*'' "--- `..; •• ; ' ".•?i '-: - ; * ;.-2 .Th 31,1i .'o • the ' Sw,!....-. of. Sec.. lc:and. t,hat:Apartion 'Of , the•lig1/4 cse "ttie .tic%1/4 . 4of ..iSeck!,;12:-Iying *and 'ming ;tiorthei-ly- of,:the Northeasterly ri.47ht-of- •••- ' " way liaa:-Itif ':•the! dowity: flood, ac nod located 'thereon, • .isf T.,..,,1 S. .." 796 w.. Ofithe- 6 th$ 1); M. ,', • bin tain ineg 63. 049' acres ;Fihre or • gets. • Except- ing '.I i Pil.i. bydrettarbone and oth4r rtinekals-:14;•rupon. and -under sale , lands, _togetherwith the right •of ingresss ma ' egress •to, extract and , ,•- '..r0,15-itre ;the: satie-- ?‘ ' ." '.• '. • ' •.• ..,-- •,, ,• • ...' .._ • •.-,:..-; . • ...... ,:ii,•'• .:•:,•' -..; .. . ., . • . , ...;; • -it-tricrt:.e,ris • laykr sittlate',-i1yine7 , and &•.titirditi:theel3Oreh- ifal f (Nts) ,of " Sac.: I2'6 Y;. -,..7,„.g: -;: p:. :9 6:!..k, ...fir . tbe7 6 tri...:,:,(45,faejko‘ritect-as.: zozious': ;e. -.:,4 .; 0r:sit-all og .point •whenee "the puartee:Corili..kom.ari. to set ichi../.: -and 12' • n•f,' dald • 1: • aitd -P....- baa re. ti• • 60.,..70' Y -i 4 4111:tee tjf,,tirctrice Ed: ,, ' Ss 23 1 ' it, , 1.j744 4•fert; -ttsiite •t1;: -.S95. feet; • thesfee' S',1:4•7•;03•:•:•14,;,-• f73 .., • . 4905' .,49j feet; the '.9.:;414451, ,E.:•4454 • fee t • thencer,Ad....2 0.3. - /Z. • ...765,...feet; _thence E... 891 foett thence„..r. , 368 feet,. . .. !. "".-• thenCe".44..,-.19° 10 ' • v,: .23: feci4.' • thenCe - ft. ',-4/!., 0 0.•,.,f...e,;;P,. -453 S.feir... e it .thencs.e ; , • - 1: ;s:. 7'4;3° 40 ',•.e;*.s. 480 • feet ;.' : t:hetico::, •• 4 l!' S6 6,E;r455. -fee t ; ..•,.ind tlietc.,..; , * : • 49° i0'"*. Wi',', 1668. feet: ,to the .`p4Acik , of '- begiiiiiing", ideOnta foing-43. 49 - • ' , '.,- • 'acres,. ' mord: ior'' /ess.•-.. Exce,•?ting 4411 ,e11.1-dlihrlrectirbcins ".•,aiid other In i neials •',$4,%. on: end. Under said lands; .: oge.iilii,r:"w 1 th the. ,right of • , • • • , • ,i ingress , and egren •tri extract and rer.tova't.I - ' ' • '' ' it-' tract ' of , 1-4.,r4,.. 2situate),7 lying and heiog. 4n.7 -.the ais of tne, .it o f.. . .. . .. (.. r ' " • A ••-'96 W "Of the 6th t a.A., -Idesc.ribed as. foi1 ews. -...,-,...*:-; ,11ii-glikni4.41.•;i a 'point' 'which":bears fry= *the....• -4.0",,.. ters.t ec_tion of te si... .1....ne • ....-4 . .. ..... ,.. of'Para. "i4e• hirenuf.. (snid 'ilvenne .11,teing•,-,10.:*..the 1.01,6:, :cite. of Fa racn L te said:, v.; .12) swath the • 7...111n# -of 'the .51/211.13i -r.,"0#14. Sec. 12, --: '•!!:• i'll:t.,C;;X0410410adt-7:}fair: ' 15* ; a. ; -thenee N..::!filor4$•"-t:S. '100 'fret 7 ttencel , . .,44,4.5!'l,wita.30,...f?dii . t,hdrIcetr.-, .440 41-4 5 ! , E.:';' .S0 0'5.ftee t • te t,he • •.i.-- ''.%,;':'•• ' t•Alite'. of"tald."••Paradhute ,,Avenue,;;;lt.hen, 4:se4•Pts..•4,4ri.sf.i.54?.•;.b/1.6,1! fel:. t ; til...,r,ce • • I tE -.3...401'45 s., W., "0..,- SO G ,. fee t ;,..• tl,ence • !;k,, .. ..er,c !:. ::. -.; '' ''' 40°45' : vs.", • 480- fe•St to the center or. piF±Ictiute.:-..e.r. eek : tt^nce. • in a '.',...t.;..‘":-....1 S40iitneas.'t.erly di. rectic.it: .8/Ong the. ce.t,tter. *line ,Of, -aid Paracoute- : . i• ..4 Crept_ to.' the -place..cf beqinn iFui • '- cents:0414 :*9.C.iacies ,• more or less. .1„ . ... • _ • , , 4 .• • l .• • } . ,,.. • • • • 9 ..-.'. 1 1 e4Ct it .141112. ".s.i txtatc : tying and,beipg, ,i4,-..ige_SCl/1.(1-01.- Sec- 12,, ._, '': 7-S., R."._ 96 tr. .' of' the ,6 it. !1,,.. m. , descrtikedj,,vt.foficors:` Comreacin9 - : d•-• -...„ .,...: • • _ -,... , .. _ at• the 'ECutticas;:,'"ct areeetkf,"•-*I'le S,EV41" 10:4•4;f2 sai***"1;;- 2tbenae ii.- • '2.-1- •atoiig-t(i.c.'3,,',/itt&*of,--t-fie SEW1/4L'of-'1141.ra:.tesc•i, -e., • At •‘,-,kk --...' 4'••• •.' ee ..... oca -.1k ,,, t Aoaitifilia•'.4.4.4../.. n'..-..1a,,aik. _las. oft,- ,......ar.-* -... • ,ii:*airrnaglit ^4%574 7."'.14-1.4'2•V 4.gr :.,,t1;1.f..171rir '2, 11.. - --, rii. ..-- x...5,-weirc. ,r,-. ' ,•,„*_,,,,«„to *et'', Is _,C .4 ' .4 ..-:'s ,,-.40. 7 .., .•, . 1r t - b Pi- ' : ,', .. s : ( e .., .. . • • ,..‘ , ,. • ", , • A - • ,1.- • 4 it-`-• , - _ • * gr icsi ;, :-Ais , ..,9Vir'. ,4, Book 384 - . Pace .287 • = iti a •Sou£hcaste io•the •uihe-istneiofdihe iiSEciti along' he cen •12•of.~ __-eek cJ tid;Sec. '12; to thence .PS. along Creek E. line of the,SMA of said. Sec::.12 a ,distancetofn100sfeet, more or less,•to the along•the less. Point.of beginning, containing•2:21 acres, more or 0:166 of a cubac footWATER RIGHTS 0.45 of . ,per second of time Priority rlo. •20 - Daisy. Ditc a cubac foot' er second -•of :tiire., Priority No. 111 Cornell Dit•�h. 0.55 of a"cubic-foot per seco_nd:of time.;Priorities 9 and 20 Ditch transferred fronrthel Daisy. Ditch. The above land.is subjcet.to the exceptions and reservations con- taincd in the original patent from the United States Government and to easements and:rights-of-way•of:a public or private nature in' place and .being used or of•record prior to the date hereof. . It.is understood -and agreed -between the first 'parties'•that all of the above Parties and the..second • pronerty'is conveyed as follows To: .Don Fg iedman, an undivided two-thirds interest To:_ JamesNSmith Jr., an undivided one-third interest TOGETHER with ill and sutgnlar the hereditaments anti appurtenances thereunto or i anywise t.•e appertaiitin belonging.n , and the reversion and reversions remainder and remainders• rents, issues and profits thereof, anti --tin the estate, right, title nit crest,•cluim and detnmtd whatsoever, of the said part ies of the firstpart either in law or equip, of. in and to the above h;�rgained premises, with the lu•rcditameals and appurtenanees. TO If!1VE'_1ND TO IIOLI) the said premises. ;dove hargaiued and 41.' .•ribed. with the apport••• maces unto the said part is-: of the second part, t. _ _ t- heirs and . s,.i=ns forever. \nd the said Jucaon ' E. Si f prelle and Diarjoric W. Siporellc part ies of the first part, for them sel ves}ter=n. the • r _ • w executors and administrators do ••m•euatrt, grnut; bargain mid agree to and with the said part i • of thi• st•cmid part. t . •. • ... ar• hrin•and.n:sipns. lhnt •rt 'the time of the caseating and delivery of these resents p they are well seized of the premises above conveyed, as of good, sure, perfect,, absolute and indefensible estate of inheritance in law, in fee simple, and ha �►C good right, fullorit3 ower and lawful auth• to p grant, bargain, sell and cancer the same in manner and forth aforeinid, and that the same are free and clear from all former and other `grants, bargains; sales liens, taxes, assessments and iaciunhranecs of whatever kind or nature soccer., except.1967-•taxes,.;which have::been•pro—ratedbetween the parties a • nd. laretherefore'assnmed. ip the second party; and mime leasee ::trizi)r ica to xexfvi 'torah r1: IiS"fr•)<; =object totr "5/7:.; - t and the above bargained prcmi�es in the *quiet and peaceoble possession of the said part len., of the second part t' ;L• . l:rrr heirs and assigns, againstall and every pew or persona larefnlly eh rating ear to claim tie whole or any part thereofLthe said part 3 es of the first part sball.and'irrlt WARRANT, A\'D FOREVER D ' ' � '• ''. • DEFEND. aS REOF. The said part ies of tht ifat' v ` - ° • IN •� part hs t!e hereunto act their hand s and Beal: s' the day and year drat Anne vtittm ,. fnhe, M"M6r • SA°'DoI wp fruit name versos' �brawNOIOLf . °tfon�n« °Nt� ad• 1Z,� Winer of m.wrYt roa, thea tenni nme of Meltaker 7:t.ntheym1mL ot.ath�erof[oKwrotioo, mode, P III •R,rcord,.,l of !l/, o'(1o' M, AUC 1 IRPr . Reception No.. t..) MILD r:' ALSOORF, F.R AUG 1 1yPn SPECIAL 1;;.i i; fi THIS SPECIAL WARRh':TY or r', r r:ti :c' or the ist day of August, 1980, from A'r1.A1ITIC P:ICHPIELD C t'AIY, a Penn- sylvania corporation qualified in en tero,lo, and TOSCO CORPOI?ATIO':, a Nevada corporation qualifioi in Colorado, as grantors. to EXXO:: CORPORATION, a New Jersey corporati'm qualified in Color.ndo, whose address is 800 Dell Street, Houston, Texas, 77001, and Tosr'o COR- PORATION, a Nevada corporation qualified in Colorado, whose address .is 10100 Santa Monica Boulevard, Lor, Angeles, California, 90067, as grantees,.. . '• WHEREAS, by mesne conveyances, i•.tlantic Pich.:.eld Company has become the record owner o! certain of the lands set forth and described in Exhibit A attached ho' -etc and by other:mesne conveyances Tosco Corporation has become t::e're- cord owner of the remainder of the properties it forth ar.d described in said.Exhibitr and WHEREAS, the undivided beneficial ownership of the entire interest of the grantors in said lands is in fact •owned.sixty percent (.01) by Atlantic Richfield Company and forty,Eercent (40%) by Tosco Corporation: and WHEREAS, th' 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 601•::beneficial and record title interest in the lands set forth and demcribed in Exhibit A attached hereto Exxon Corporation and an undivided 401 beneficial and record title interest, in said lands in Tosco Corporation, :4J.• 'WITNESSETH, that the grantors, for One Hundred --i;,;---:Dollars ($100.00) and other good and valuable considerations, the receipt and adequacy of which are ackr.owledgeg, has -granted, bargained, sold, conveyed and transferrer'., and by -these presents does grant, bargain, sell, convey and transfer to Exxon Corporation, its successors and assigns forever, an . undivided sixty percent (60%) interest and to Tosco Corpora- tion,'its successors and assigns forever, an undivided forty = percent (401)%interest, in and .to all of the lands in Ga,"4•oa. County, Colorado which areaet forth and described i:: Exhibit A attached hereto and by this reference incorporated herein as if set forth herein in full, subject cr.:.y to :.e exceptions and encumbrances noted therein: together with all and s:..vular Yc. "rpro:•eronts, fixtures, personal property, hered:tarents and aFr_enar.ces thereunto belonging or in anywise .:s",d in connection with or appertaining, and the reversion and rL'versions, remainder and remainders, rents, issues and profits thereof; and all of the estate, right, title, interest, cicim and demand what- soever, of the grantors, either in law or in eg,lity,. of, in and to -the lands covered hereby,.: and together with a11wnter and water richts, ditches and ditch rights, reservoir and r•r:erveir rights, wells and well rights, and springs ar.•l tic_s on. underlying, appurtenant to, or hi.atcr:r.s1' • nand :n c..,• -action with said lands, and all easements a::,: r s - . ':s -c f -a .:l used in connection thurawit:'.. To have and to hold the said land:: s.^,•a..oh r,, with sai.i improv„menta, flxtur,:s, perscn.IL r:o ditanentc and npr:urtenanc_y, unto grant ,.nd .:^,:ct_:e tduecessors an•i oasign3 :Or,Iver in :he ter.. -rages :c'r•'1- Ota, act forth, subleut how':Or, to th, ��: "....!ens, n- cua.hrances, exceptions and res.rrvati ns, ,ny, ce_ ”. _ .n • 18 ow 'v ctn k q A, JUN 22 tv3., AL WARRANTY L'Ff : _};ic S^_CIAL %ARA`:TY of .'ctive as of the of , �,�� 20E:. from THE CTL SE,: r. CCFFCRATIO':, a Delaware corperaticn qualified in CcIcra'_' , w`.ose address is 1C/C: Santa Monica Fcul.r:ard, Los Angela=. California 9CC6' as grantor, to F :) N CCFL'ORATIC':, a Ncw Jersey cor- poration qualified ... Colorado, witn pla-c c° business at 8;C Fell Street, f^::strn, Texas 77.C2, :-etires referred to herein as Grantee. WITN=SSETH that the ora^.tor, `-r Cr.e rsndred Dollars (SICC,.CCI and other ccod and vat-ile ccnsidera- tiors, the rece_Ft and adequacy of which are acknowledged, has Granted, bargained, sold, conveyed and transferred, and b)1' these presents does grant, bargain, sl:, convey and tiar.sfer tc E\XT` its successors and assigns f .ever, an undivided fort,: percent (4Ci' Interest in and t a 1 cf the lands in Garfield County, Ccle!adc which are set f rtt and described it Exhibit A attached hereto and by this r `ererce ir.::crpora•ed herein as :f set firth herein in full, sub:e:t only to the ceptions and e-.cunbrances noted therein cr i^. this ST.cial Warranty Deed; t:=:ether wit': an undivided forty percent interest in end t' all and singular the _r.pro ements, fix- tures, personal property, hereditaments and appurtenances thereunto belonging or in anywise used ;:: connection with or appertaining, and the reversion and re,?ersicns, remainder and remainders, rents, issues and profits t:-.ereof; an3 all of the estate, right, title, interest, glair. and demand whatsoever, cf the Granter, either in la:: or :n equity, ir. and tc the _ands cc:•ered hereby; Tc have and tc hold the said lands and rights with said _rprovererts, fixtures, personal rrcpert•••, heredita- irents�and appurtenances, unto grantee and its successors and assigns forever, sub-ect however, to the matters, burdens, encu.:.trances, exceptions and reservations, if any, set forth ir. any deed cr conveyance by which crar.tor may have acquired title to said lands, and subject also to any and all mineral rights and royalties heretofore reserved or conveyed of recor' by parties other than grantor, a:: exsoptions and reservations of record by all parties ct`:cr than grantor, valid and subsisting easements and rights-of-way of record, and all special iri.rover'ents or other statute_-.• districts. And the grantor, for itself and its successors, covenants and agrees to and with the grantee, its.sucressors• and assigns, to forever warrant and defend all said lands' .' and rights in the quiet and peaceable possess:on of the -said. Grantee, its successors and assigns, against 311 and every,. person or persons lawfully claiming or tc claim the'who.le or any part thereof, by, through or under the crar.tor, but rot otherwise, except general taxes and :he asses snents of any governmental districts fcr 1982 payable 1?23, and except. A:64.142, • Town of Parachute Adminzstrat on,- 222:=.Qr4' d all 3EP 0 5: 199 uj lY P.O. Box 100 Parachute, CO 81635-0100 Telepho°e: (970) 285-7630 Facsimile: (970) 285-9146 Town Administrator David G. Rousseau September 4, 1996 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 Exxon, 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. Shoulou need any additional information, please do not hesitate to contact me. David Rousseau Town Administrator cc: File Copy Mr. Mark Bean Town of Parachute Adm inistr.atiw 222<,Grafi a >e • • FELE COPY P.O. Box 100 Parachute, CO 81635-0100 Telephone: (970) 285-7630 Town Administrator Facsimile: (970) 285-9146 David G. Rousseau July 18, 1996 Mr. Hayden Rader P.O. Box 366 Glenwood Springs, CO 81602 RE: Parachute Park Blvd. Easement Dear Hayden: 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 GRAND VALLEY 1III2E PROTECTION DISTRI P. 0. Box 295 Parachute, Colorado 81635 September 10, 1996 (303) 285-7630 t. , 7" C�Af=it=_r.El..) COUNTY Garfield County Planning Department c/o Mr. Eric McCafferty 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Subject: Proposed Exec ption 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 structures 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 trucks 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