HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Exemption from the Definition of Subdivision
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Street Address / General Location of Property: Approximately 2 miles east of
of Rifle, Colorado, on Highway 6 & 24
➢ Legal Description of Parent Property: See Exhibit A
➢ Size of Property (in acres) as of January 1, 1973: 237
➢ Current Size of Property to be Subdivided (in acres): 239
➢ Number of Tracts / Lots Created Including remainder of Parent Property: 3
➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property:
o Lot #: A containing 2.118 acres
o Lot #: B containing 25.230 acres
o Lot #: c containing 211.652 acres
o Lot #: containing acres
o Lot #: containing acres
➢ Property's Zone District: A/T
➢ Name of Property Owner: Radimo, Ltd. and John McBride
➢ Address: 303-E AABC
➢ City: Aspen
Telephone: 970-925-2103
State: Co Zip Code: 81611 FAX: 970-927-326C
➢ Name of Applicant (if other than owner):
➢ Address: Telephone:
➢ City: State: Zip Code: FAX:
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
Planner: Hearing Date:
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I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption")
shall specifically respond to all the following items below and attach any additional information to be
submitted with this application:
1. Provide a narrative explaining why exemption is being requested.
2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property,
,dimension, area, and legal description of all proposed lots or separate interests to be created,
V access to a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities.
3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed exemption to the surrounding area within two (2) miles, for which a
copy of U.S.G.S. quadrangle map may be used.
4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if
L other than the applicant.
5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of
the proposed exemption, mineral owners and lessees of mineral owners of record of the
t property to be exempted, and tenants of any structure proposed for conversion.
t, 6. Evidence of soil types and characteristics of each type located on the property.
7. Provide proof of legal and adequate source of domestic water for each lot created.
8. Method of sewage disposal.
9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the
subject property is located.
10. If connection to a community or municipal water or sewer system is proposed, submit a letter
from the governing body stating a willingness to serve the property.
11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel
as it exists presently is one of not more than three parcels created from a larger parcel, as it
existed on January 1, 1973.
12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee
with the application.
13. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Exemption
application has been deemed technically complete.
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II. EXEMPTION APPLICABILITY
Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners
has the discretionary power to exempt a division of land from the definition of subdivision and,
thereby, from the procedure in these Regulations, provided the Board of County
Commissioners determines that such exemption will not impair or defeat the stated purpose of
the Subdivision Regulations nor be detrimental to the general public welfare. The Board has
determined that leases, easements and other similar interests in Garfield County owned
property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling
that are subject to leasehold interest only and complying with the requirements of the Garfield
County Zoning Resolution, are exempt from these regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from
any parcel, as that parcel was described in the records of the Garfield County Clerk and
Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it
existed on January 1, 1973, must have been 35 acres or greater in size at the time and 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, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) lot, parcel,
interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all
tracts of land 35 acres or greater in size, created after January 1, 1973 will count as
parcels of land created by exemption since January 1, 1973.
B. All Garfield County zoning requirements will be met.
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained.
D. Provision has been made for an adequate source of water in terms of the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot. Proof of a legal supply shall be an approved substitute water
supply plan contract; augmentation plan; an approved well permit; legally adjudicated
domestic water source or a contract for a permanent legal supply of domestic water to be
hauled from an outside site for a cistern. Proof of the physical supply from a well for the
public meeting, may be documentation from the Division of Water Resources that
demonstrates that there are wells within a 1/4 mile of the site producing at least five (5)
gallons/minute.
Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the
following:
1) That a four (4) hour pump test be performed on the well to be used.
2) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing draw down and recharge;
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4) A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
6) If the well is to be shared, a legal, well sharing agreement which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs.
7) The water quality is tested by an approved testing laboratory and meet State guidelines
concerning bacteria and nitrates. For water supplies based on the use of cistern, the
tank shall be a minimum of 1000 gallons.
E. Method of sewage disposal, and a letter of approval of the fire protection plan from the
appropriate fire district.
F. All State and local environmental health and safety requirements have been met or are in
the process of being met.
G. Provision has been made for any required road or storm drainage improvements.
H. Fire protection has been approved by the appropriate fire district.
I. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained.
J. All applicable taxes and special assessments have been paid.
III. PROCEDURAL REQUIREMENTS
(The following steps outline how the Exemption from the Definition of Subdivision application
review process works in Garfield County.)
1. Submit 2 copies of this completed application form (pages 1-6) including all submittal
requirements and the base fee to the Garfield County Planning Department. It will be
received and given to a Staff Planner who will review the application for technical
completeness within 15 working days. The Planning Department may request an extension
of time from the Board of County Commissioners for such review not to exceed an
additional fifteen (15) working days.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete in addition to requesting additional copies of the
application to be provided to the Board of County Commissioners for their review in
preparation for the public hearing.
3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your
hearing before the Board of County Commissioners. Prior to the public hearing, Staff will
provide you with a Staff Memorandum regarding your requested Exemption application. (If
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Staff determines you application to be deficient, a letter will be sent to you indicating that
additional information is needed to deem your application complete.)
4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
petition for an Exemption for the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed Exemption from the Definition of Subdivision and
nature of the hearing, and the date, time and place for the hearing shall be given
once in a newspaper of general circulation in that portion of the County in which the
subject property is located at least thirty (30) but not more than sixty (60) days prior
to the date of such hearing, and proof of publication shall be presented at hearing
by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request for
Exemption for the subject property. In addition, the Applicant shall provide proof at the
hearing that proper notice was provided.
6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve
or deny the exemption request. The reasons for denial, or any conditions of approval, shall
be set forth in the minutes of the meeting or in a written Resolution. An applicant denied
exemption may follow the subdivision procedure in these Regulations.
7. Once the Board makes a decision regarding the request for an Exemption, Staff will
provide the Applicant with a letter affirming the action taken by the Board with a list of
conditions, if any, to be completed by the applicant.
8. A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature within 120 days of approval. The plat shall include a legal description of the
exempted property, and Exemption Certificate, the County Surveyor's Certificate and a
statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE:
No further divisions by exemption from definition will be allowed." The plat shall be
recorded with the County Clerk and Recorder no later than thirty (30) days after the
Chairman's signature. The Chairman of the Board of County Commissioners shall not sign
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a plat of a conditionally approved exemption until all conditions of approval have been
complied with.
9. The Applicant shall be required to submit a paper copy of the plat and proof that all the
conditions of approval have been met to the Building and Planning Department at least
twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the
plat by the Board. This is to ensure timely Staff review of the materials submitted as well as
proper scheduling the plat to be signed by the board.
10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be
presented to the Board for signature within 120 days of approval. The plat shall include a
legal description of the exempted property, and Exemption Certificate, the County
Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been
created on the parcel, that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and Recorder no later than
thirty (30) days after the Chairman's signature. The Chairman of the Board of County
Commissioners shall not sign a plat of a conditionally approved exemption until all
conditions of approval have been complied with.
I have read tl staments above and have provided the required attached information
accurate to e best of my knowledge.
(Signature of a scant/own r) Dat
JOHN McBRI individu nd as agent
for Radimo Ltd.
Last Revised: 11 15/2002
which is correct an
6
22 o3
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
AMANDA N. MAURER
DEBORAH DAVIS*
DAVID P. JONES
' ALSO ADMITTED TO PRACTICE IN
NEW YORK AND MISSOURI
•
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Gentlemen:
Telephone: 970.945.6546
Facsimile: 970.945.8902
May 7, 2003
RE: Exemption from the Definition of Subdivision
McBride Subdivision Exemption
OF COUNSEL:
KENNETH BALCOMB
This office represents John McBride and Radimo, Ltd. who are the current owners
of 239 acres of real property located approximately 2 miles east of Rifle on Highway 6 & 24.
An old ranch house, hay barn and a one -bedroom dugout are the only structures located
on the property. The property is primarily used for agricultural and recreational purposes,
and it is believed that those purposes can best be served by creating three parcels from the
total acreage as follows:
1. A 2.118 acre parcel containing the one -bedroom dugout;
2. A 25.230 acre parcel containing the old ranch house and hay barn; and
3. A parcel containing the remaining 211.652 acres.
We are herewith enclosing two copies of an Application for Exemption from the
Definition of Subdivision and one copy of the Agreement for Payment Form executed by
John McBride individually and as agent for Radimo, Ltd. Also enclosed herewith is our
check in the sum of $300.00 for the base fee. Attached to said Applications are the following
exhibits:
• •
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Garfield County
Building & Planning Department
A. Legal Description of Real Property.
May 7, 2003
Page 2
B. Plat prepared by Bookcliff Survey Services, Inc., titled
"McBride Subdivision Exemption," containing a sketch map and vicinity
map.
C. Copy of Quit Claim Deed recorded March 31, 2000, in Book
1179 at Page 158 of the Garfield County records wherein The McBride
Family Partnership, Ltd. conveyed the property to Radimo, Ltd.
D. Copy of Quit Claim Deed dated April 4, 1977, and recorded
October 11, 2002, in Book 1395 at Page 35 of the Garfield County records
from the Board of County Commissioners of Garfield County, Colorado
to John McBride. Although John McBride conveyed this property to
The McBride Family Partnership by deed recorded January 5, 1981, in
Book 562 at Page 91 of the Garfield County records and said property
is contained in the conveyance to Radimo, Ltd. referenced in paragraph
B above, the Quit Claim Deed from the Board of County Commissioners
was not recorded until after said conveyances were made. We
anticipate cleaning up the title to this property in the near future.
E. A list of the names and addresses of owners of record of land
immediately adjoining and within 200 feet of the proposed exemption,
mineral owners and lessees of mineral owners of record of the property
to be exempted, and tenants of any structure proposed for conversion.
F. Evidence of soil types and characteristics of each typ located
on the property.
G. Well Permit No. 206255 for a well currently in existence on
Parcel A.
H. Well Permit No. 206265 for a well currently in existing on
Parcel B.
• •
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Garfield County
Building & Planning Department
May 7, 2003
Page 3
I. Water Well Permit Application for a well to be located on
Parcel C.
J.
Letter from the Rifle Fire Protection District.
K. Copies of the following documents relative to how the parcel
existed on January 1, 2003: (1.
1. Quit Claim Deed recorded July 9, 1965, in Book 367 at
Page 447, conveying the NY2SW1/4, SEl NW1/4, SWl NE1/4 of
Section 12, T. 6. S, R. 93 W. 6th P.M. and the SW1/4NW1/4 of Section
12, T. 6 S., R. 93 W., 6th P.M. lying southerly of the Denver and Rio
Grande Railway Company right-of-way, and the NE% NE1/4 of
Section 12, T. 6 S., R. 93 W., 6th P.M. lying southerly of the "Rio
Grande Junction Railroad Company" right-of-way to John W.
Everett and Grace A. Everett;
2. Warranty Deed recorded July 9, 1965, in Book 367 at
Page 448, conveying Lot 1, Section 12, T. 6 S., R 93 W. to John W.
Everett and Grace A. Everett;
3. Warranty Deed recorded July 9, 1965, in Book 367 at
Page 450, wherein Christine Everett, John W. Everett and Grace A.
Everett conveyed the SE1/4NW1/4 of Section 12, T. 6 S., R. 93 W. of
the 6th P.M. lying northerly of the Rio Grande Junction Railroad
Company's right-of-way to a third party.
4. Quit Claim Deed recorded April 20, 1971, in Book 418
at Page 375, wherein John W. Everett and Grace A. Everett
conveyed the SW%4NE1/4 lying northerly of US Highway 6 & 24 in
Section 12, T. 6 S., R. 93 W., 6th P.M. to a third party;
5. Warranty Deed recorded April 27, 1973, in Book 443 at
Page 452, wherein John W. Everett and Grace A. Everett conveyed
to Stephen B. Price all of Lots 3 and 4 (sometimes referred to as
the N1/ZSW1/4), all those portions of the SW1/4NW1, SE1/4NW%4,
• •
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Garfield County
Building & Planning Department
May 7, 2003
Page 4
SW1/4NE%4, NEY4NE1/4 and Lot 1 southerly of the Denver and Rio
Grande Railroad Company situate in Section 12, T. 6 S., R. 93 W.
of the 6th P.M., except for a parcel in the NEl/4NE'/4 of said section
conveyed to a third party on January 7,1972.
Lot 2 of Section 12, Township 6 South, Range 93 West of the 6th P.M. was
conveyed to the Applicant on April 4, 1977, as appears in the deed
described in paragraph 3 above. A restriction contained in said deed
states that the property cannot be transferred separate from the
property the subject of this Application.
Because of the property is not located near a municipal water or sewer system, the
method of sewage disposal for each parcel will be by septic tank and leach field.
If you have any questions or need further documentation, please contact me.
Very truly yours,
BALCOMB & GREEN, P.C.
By
SB:sv
Encs.
ec'cx X) c (A4Ar- (� )
Scott Balcomb
• •
EXHIBIT A
LEGAL DESCRIPTION
Section 12, Township 6 South, Range 93 West of the 6th Principal Meridian
All of Lots 3 and 4 (sometimes referred to as the N1/aSW 1/4 of said Section, Township and Range);
All that portion of the SW 1/4 NW 1/4 , SE 1/4 NW 1/4 , SW 1/4 NE 1/4 , NE 1/4 NE 1/4 , and Lot 1 Southerly of
the Denver and Rio Grande Railroad Company right-of-way, which right-of-way is described in
Deed recorded April 2, 1889, in Book 19 at Page 375 as Reception No. 8769, and in Deed
recorded April 2, 1889, in Book 19 at Page 387 as Reception No. 8781, and in Deed recorded
April 2, 1889, in Book 19 at Page 388 as Reception No. 8782, and in Deed recorded April 2,
1889, in Book 19 at Page 380 as Reception No. 8774;
EXCEPTING from the above described property that portion of the SW 1/4 NE 1/4 of said Section,
Township and Range described in Deed from Charles H. Stobaugh to James D. Harris recorded
April 6, 1889, in Book 19 at Page 407 as Reception No. 8832, as follows:
A parcel of land 10 feet wide along the East side and lying within the SW 1/4 NE 1A of
Section 12, Township 6 South, Range 93 West, 6th P.M.
TOGETHER with all of Lot 2, Section 12, Township 6 South, Range 93 West of the 6th P.M.
TOGETHER with all those certain meander lands situate south of the property described above.
EXHIBIT A
1111111 11111 11111111 1111 11111 1111111 11111 I!'`111111
561341 03/31/2000 11:29A 61179 P15h n SDORF Recorder
1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
QUITCLAIM DEED
THIS DEED, Made this 29th day of March , 2000,
between The McBride Family Partnership, Ltd.
of the *County of Pitkin
Colorado, grantor% and RADIMO, LTD .
whose legal address is 303 E — AABC, Aspen, CO 81611
ofthe
and State of
County of Pitkin and State of Colorado, granteegN
WITNESSETH, That the grantor(3p, for and in consideration of the sum of Ten dollars and other and good
consideration XNADOS
the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, sold and QUITCLAIMED, and by
these presents do es remise, release, sell and QUITCLAIM unto the granteeRX its heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(*) ha s in and to the real property, together with
improvements, if any, situate, lying and being in the County of Garfield and State of
Colorado, described as follows:
SEE ATTACHED EXHIBITS A-1 and A-2,
incorporated herein by reference.
with all appurtenances, subject to the following: ditch easements and
rights—of—way of record, exceptions and reservations contained within the
United States patent to the suject property, and also a 20 foot road
easement and an easement to construct, maintain and repair a water well,
all as described in a document recorded in Book 426, at page 121, an
agreement and declaration of covenants recorded in Book 491, at page 46,
also known by street and number as:
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of tiegrantor(, either in law or equity,
to the only proper use, benefit and behoof of the grantee(a1t 3,t s heirs and assigns forev r.
IN WITNESS WHEREOF, The grantor(s1 ha s executed this deed on the date set forth above.
Peter McBride, General Partner
STATE OF COLORADO
ss.
County of 1'3tkn 1
The foregoing instrument was acknowledged before me this .,i q 1h, day of
by Peter McBride, General Partner
My cominiisiori expires 11/10 /0 3
.if in Deriver, insert "City and".
Witness my hand and official seal.
.2000
/77, ra a64/--
AN M. RHINEHART 1 NOTARY PUBLIC "° u" P' I `
4149 ASPEN VILLAGE
BOX 175 WOODY CREEK, CO 81656
MY COMMISSION FXPIRFS 11/10/2003
Name and Address of Person Crnrina Newly Created lcrol Description (4 711.35-IIM,.s, CRS.)
Nu. 933. Ree. 4.94. out l t'LAIAI DELI)
lite 1Lnu id, 0
5
EXHIBIT C
�LL •
o 80rix 561.: v,cE916
--__ h EXHIBIT A -i
a U TO QUIT CLAIM DEED
-ITZ FROM THE MCBRIDE FAMILY PARTNERSHIP, LTD.
tea. t)
— 0 0 TO RADIMO, LTD.
1- J
- .-4 W
— -
A parcel of land situated in Section 12, Township 6 South,
N tw Range 93 West of the 6th Principal Meridian:
IN r, All of Lots 3 and 4 (sometimes referred to as the NkSWk of
m said Section, Township and Range);
—in= m a All that portion of the SWkNWk, SEkNWk, SWkNEk, NEkNEk, and
airoad Company
m right-of-wayt 1 rlwhich ly of t right-ofe -waydis1described o Grande RinlDeed recorded
m in April 2, 1889, in Book 19 at Page 375 as Reception No. 8769,
- M and in Deed recorded April 2, 1889, in Book 19 at Page 387 as
m ce Reception No. 8781, and in Deed recorded April 2, 1889, in
...on Book 19 at Page 388 as Reception No. 8782, and in Deed recorded
1889,
Book
74;
° EXCEPTING from theabove- 380
describedproperty cthat oportion 7of
-- -MN SWkNEk of said Section, Township and Range described in Deed
from Charles H. Stobaugh to James D. Harris recorded April 6,
1889, in Book 19 at Page 407 as Reception No. 8832, as follows:
A parcel of land 10 feet wide along the East side and lying
within the SWkNEk of Section 12, Township 6 South, Range 93
West, 6th P.M.
Together with all water and water rights, ditch and ditch rights,
reservoir and reservoir rights, shares in mutual ditch com-
panies and reservoir companies, well rights, and any and all
other water rights appurtenant to or historically used upon or
in connection with the above described property, including, but
not limited to, the following:
1. 1.0 cubic feet per second conditional from the
McBride Wastewater Ditch No. 1;
2. 2.5 cubic feet per second absolute from the McBride
Wastewater Ditch No. 2;
3. 1.0 cubic feet per second absolute from the McBride
Wastewater Ditch No. 3;
4. 0.5 cubic feet per second absolute from the McBride
Wastewater Ditch No. 4;
5. 2.8875 cubic feet per second absolute from the
Stobaugh Ditch, the point of diversion as modified
by Judgment and Decree of the Water Court in and for
Water Division No. 5 on July 18, 1978 in Case No.
W-3526;
6. 5.5 cubic feet per second absolute from the Eyre
Ditch, the point of diversion as modified by Judg-
ment and Decree of the Water Court in and for Water
Division No. 5 on July 18, 1978 in Case No. W-3524;
7. 6.24 shares of the Grand River Ditch;
and together with all related improvements, hereditaments, and
appurtenances. Such rights are hereby conveyed without
warranty.
L •T A-2
TO QUIT CLAIM DEED
FROM THE MCBRIDE FAMILY PARTNERSHIP, LTD.
TO RADIMO, LTD.
The following described Parcels of real property:
Parcel 1:
A portion of Section 12, Township 6 South, Range 93 West of the
6th P.M., described in a certain quit claim deed recorded
December 28, 1976, in Book 491, at page 745, document 276058,
Garfield County records, subject to covenants, conditions
and restrictions recorded in Book 491, at page 46, of such
Garfield County records.
Parcel 2:
Lot of Section 12, Township 6 South, Range 93 West of the
6th P.M., subject, however, to the following restriction and
covenant running with title to the above described Parcel 2,
to wit: Said party of the second part shall not sell, convey,
lease, devise or otherwise transfer title to said Parcel 2
separate from the lands lying contiguous thereto acquired
from party of the first part owned by said party of the
second part and described in Documents No. 277090-1-2-3 of
the records of Garfield County Clerk, without first comply-
ing with the requirements of the Subdivision Regulations of
Garfield County Colorado then in effect for the subdivision
of real property.
Parcel 3:
A parcel of land ten feet wide along the East side and lying
within the SWIgNE4 of Section 12, Township 6 South, Range 93
West of the 6th P.M., described in a deed recorded April 6,
1889, in Book 19, at page 407, Garfield County records.
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111111 illi; illi;; iiii;l iii Imin Ii ill IIi tiR��l Illi 1111
11of l R 61m0ZD 0.00 L tRFIELD COUNTY CO
TSIs D7&1M11, Mado this 4th day of April
•
_Recorder.
,le77,
between THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
of tin County of Garfield and mate( of
Colorado, of the first part, and JOHN MCBEIDE. whose address
is 105 Pacific Avenue, Aspen
of the County of Pitkin
Colorado, of the second part,
WITNESSETH. That the Bald party of the first part, for and in consideration of the sum of
Ten dollars and other good and valuable considerations IOC
to the said party of the first part in hand paid to. the said potty of the second part, the receipt w•hm f
iY hereby confessed and acknowledged, bag remised, released, sold, conveyed and QUIT CLAMED, and by
these presents do remise, release, sell, convoy and QUIT CLAIM unto the said party of the ;wend part,
his helra, ouocessora and assign, forever. ail the right, title, interest, claim and demand which the rad
party of tho first part ha s in and to the following deaeribed lot or parcel of land situate. lying sad
being in tho Comity of Garfield and state of Colorado. to wit:
I-ot 2 of Section 12, Township 6 South. Range 93 West of the 6th P.M.
Subject to the following restriction and covenant running with title to the
above described lands, to wit:
Mid Sutra of
Said party of the second part shall not sell, convey, lease. devise or
otherwise transfer• title to said property separate from the ]ands lying contiguou
thereto presently owned by said party of the first part and described in
Document;No.277090-1-2-3a the records of Garfield County Clerk, without
first complying with the requirements of the Subdivision Regulations of Garfield
younty Colorado then in effect, kr the subdivision of real property.
TO HAVE AND TO HOLD the same, together with all rind singular the appurtenances and privileges thereunto
belonging or in anywise theexauato appertaining, and all the estate, right, title, interest wad claim whatsoever, of the
raid past Y of the first part. either in law or equity. to the only proper rano, benefit and behoof of the said
party of the s000nd part, heirs and assigns forever -
IN WITNESS WHEREOF, The said part y of the first part ha s herein to .at hand
and awl tba day and year Tint abort written_
- .q'.,:rJ{r.:.;'. THE BOARD OF COUNTY COMMISWV
OF GARFIELD COUNTY, COLORADO
-... _ .-_ [SEAL]
,5iji ed Sooled std hoiveled is the Frosting of
AX1'EST•
r. .'i
'EfIct.,.•
..4 ARPOj�-, OitAD0.
of Garfield Ir a..
T4'
The foregoing instrument was acknowledged helot* me'CM.
.11 day of April
19 77, by Richard C. Jolley as Chairman of the Board of County Commissioners
of Garfield County, Colorado
My commis:den expires ap„.1.41 /7 , 197. Witness my hand and official peal.
AIRMA
.(WEAL]
[SEAL]
•
" .-...._---
S
No. 933. runt CLAM peso: -n. at..17,osubins co., ar4.4c amus $l.... Do....et, Cdn..Je (671-1e11)CA(toOGGZo
3_ /; Id•
Re4vnn ' t r nrJy r Aslo.
533 6101 op8u_I'
EXHIBIT D
1 •
NAMES AND ADDRESSES OF PROPERTY OWNERS
WITHIN 200 FEET OF EXEMPTED PROPERTY
MINERAL OWNERS OF EXEMPTED PROPERTY,
LESSEES OF MINERALS OWNERS OF RECORD, AND
TENANTS OF ANY STRUCTURE PROPOSED FOR CONVERSION
Daryl R. Avenell
781 County Road 221
Rifle, CO 81650-9710
James R. Carnahan
Colleen Joan Carnahan
29641 Highway 6
Rifle, CO 81650-9453
Zane R. Carter
Sally Carter
30239 Highway 6
Rifle, CO 81650-9425
Richard N. Casey
P.O. Box 1815
Rifle, CO 81650-1815
Yvonne D. Chambers
28580 Highway 6
Rifle, CO 81650
Dennis L. Chambers
Naomi White
30075 Highway 6
Rifle, CO 81650
Flint L. Chambers
P.O. Box 1092
Rifle, CO 81650
Kenneth Chambers
Patricia Chambers
Flint Chambers
P.O. Box 1092
Rifle, CO 81650-1092
1
Lee Roy Chelewski
Saralyn E. Chelewski
851 County Road 221
Rifle, CO 81650-9710
Marlene Christopher
P.O. Box 585
Snowmass, CO 81654-0585
Colorado Depal tment of Transportation
202 Centennial
Glenwood Springs, CO 81601
Alan H. Coloroso
Robert D. Coloroso & Elaine L. Coloroso
Cynthia Medford & Debra E. Medford
Beth M. Coloroso & Melody L. Gonzales
P.O. Box 33574
Northglenn, CO 80233-0574
Anthony W. Copeland
Darcy S. Copeland
756 County Road 221
Rifle, CO 81650-9711
Copeland Concrete, Inc.
28803 Highway 6
Rifle, CO 81650-9452
Denver & Rio Grande Western Railroad
1700 Farnam St., Fl 10
Omaha, NE 68102-2002
William H. Dubois, Sr.
Donna M. Dubois
405 Mid Valley Drive
New Castle, CO 81647-9657
The Jesse Lee Estes Family Trust
29979 Highway 6
Rifle, CO 81650-9453
Frank Bishop Construction, Inc.
P.O. Box 547
New Castle, CO 81647-0547
Grant Bros. Ranch Ltd.
P.O. Box 1027
Basalt, CO 81621-1027
Gypsum Ranch Co. LLC
P.O. Box 1220
Carbondale, CO 81623
Ardis A. Green
603 County Road 221
Rifle, CO 81650
Alvin G. Hansen
Linda S. Hansen
3290 County Road 210
Rifle, CO 81650-9707
Robert J. Harper
Diane E. Harper
449 County Road 223
Rifle, CO 81650-8729
Robert L. Hoffmeister
Jeanne Hoffmeister
1437 No Name Lane
Glenwood Springs, CO 81601
Myers & Associates Properties, LLC
P.O. Box 2570
Basalt, CO 81621
John K. Parrington
Nila L. Parrington
145 County Road 225
Rifle, CO 81650-9400
2
Donald H. Parkison
Angela K. Parkison
RR Trust
P.O. Box 790
Glenwood Springs, CO 81602-0790
Peth Holdings Limited Partnership
602 East 15t Street
Cheyenne, WY 82001
James G. Snyder
3495 County Road 346
Silt, CO 81652-9668
James G. Snyder
Jean E. Snyder
3495 County Road 346
Silt, CO 81652-9668
Michael T. Spychala
Valerie A. Spychala
141 County Road 225
Rifle, CO 81650-9400
•
Non -Technical Descriptions
Soil Survey Area: 683 RIFLE AREA, COLORADO, PARTS OF GARFIEL
T ♦ ATT ATT(`, ♦ Ar, TAT'TIT ICI (-I
Map unit: 3 Arvada loam, 1 to 6 percent slopes
Description Category: SOI
This deep, well -drained soil is on fans and high terraces. This soil formed in highly
saline alluvium derived from sandstone and shale. The surface layer is strongly
alkaline or very strongly alkaline loam about 3 inches thick. The subsoil is silty clay
loam about 14 inches thick. The substratum is silty clay loam to a depth of 60 inches.
Permeability is very slow, and available water capacity is moderate. Effective rooting
depth is 60 inches or more. Runoff is medium, and the erosion hazard is moder
ate.
Map unit: 72 Wann sandy loam, 1 to 3 percent slopes
Description Category: SOI
This deep, somewhat poorly drained, low-lying soil is on terraces and bottom land in
valleys. The soil formed in alluvium derived primarily from sandstone and shale. The
upper part of the surface layer is sandy loam about 8 inches thick, and the lower pa
rt is fine sandy loam about 4 inches thick. The upper part of the underlying material is
mottled, fine sandy loam and sandy loam about 24 inches thick, and the lower part is
mottled coarse sandy loam to a depth of 60 inches. Permeability is moderately ra
pid, and available water capacity is low or moderate. Effective rooting depth varies with
the level of the water table but is usually about 2 feet. Runoff is slow, and the erosion
hazard is moderate. Depth to the water table ranges from 2 to 3 feet. Wa
ter ponds in spring. This soil is occasionally flooded for brief periods between April and
July.
Tuesday, April 15, 2003 Page 1 of 1
EXHIBIT F
Form No. OFFICE ONE STATE ENGINEER
GWS -25 COLORA (VISION OF WATER RESOURCES I/
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
JOHN McBRIDE
29512 HIGHWAY 6
RIFLE, CO 81650
(970) 925-2102
PERMIT TO CONSTRUCT A WELL
1095
WELL PERMIT NUMBER 2 0 6 2 5 5
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 12
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from NORTH Section Line
2600 Ft. from EAST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of T-36.36 acres described
as that portion of the SW 'A, NE %a, Sea.. 12, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County.
Reference attached exhibit A.
4) The use..of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the
`watering of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
hon -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-121-00-181 /4
Assessor Tax Schedule Number: 210446 7
APPROVED
DMW
Receipt No.
State Engineer
By
DATE ISSUED pEC 311997 EXPIRATION DATE DEC 311999
EXHIBIT G
Fgfm No\ OFFICE OF TH ATE ENGINEER
GWS -25 COLORADO DI ON OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
JOHN McBRIDE
29512 HIGHWAY 6
RIFLE, CO 81650
(970) 925-2102
REGISTRATION OF EXISTING WELL
LR
WELL PERMIT NUMBER 2 044 2 6 6
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NE 1/4 Section 12
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
3850 Ft. from SOUTH Section Line
1250 Ft. from EAST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated
herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household
purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry,
and the irrigation of not more than 10,000 of home gardens and lawns.
4) The date of first beneficial use, as claimed by the applicant is 1950.
NOTE: Parcel Identification Number (PIN): 23-2177-121-00-181
Assessor Tax Schedule Number: 210446
Property & Physical Well Address: 29512 Highway 6
Rifle, CO 81650
--k---
//9 7
APPROVED
DMW
el 41
Receipt No. Liz SteteEngineer NOV 0 71997 By AVA
SL 66 2 DATE ISSUED EXPIRATION DATE
EXHIBIT H
1
EXHIBIT I
Office Use Only
Form GWS -44(1/2001)
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone — info: (303) 866-3587 main: (303) 866-3581
fax: (303) 866-3589 http://www.water.state.co.us
MI)i, ii!
RESIDENTIAL Note: Also use this form to apply for livestock watering
Water Well Permit Application
Review instructions on reverse side prior to completing form.
The form must be completed in black ink.
1. Applicant Information
6. Use Of Well (check applicable.boxes)
See instructions to determine use(s) fdr'Which you may qualify
❑ A. Ordinary household use in one single-family dwelling
(no outside use)
f] B. Ordinary household use in 1 to 3 single-family dwellings:
Number of dwellings: 7
Name of applicant
GMCO Corp .
c/o Scott Balcomb
Mailing address
P 0.._$.ox 14.80
❑ Home garden/lawn irrigation, not to exceed one acre:
area irrigated 0 sq. ft. 0 acre
.
City
Rifle
State
CO
Zip code
81650
Telephone #
070) 945-6546
❑ Domestic animal watering —(non-commercial)
❑ C. Livestock watering (on farm/ranch/range/pasture)
2. Type Of Application (Check applicable boxes)
Construct new well • 0 Use existing well
0 Replace existing well 0 Change or increase use
12 Change source (aquifer) 0 Reapplication (expired permit)
❑ Other:
7. Well Data (proposed)Maximum
pumping rate
15 gpm
Annual amount to be withdrawn
1 acre-feet
-----fe -'
—
Aquifer
_W 3. Refer To (if applicable)
_..__........._.._.-... _...._.
Well permit #
Designated Basin Determination #
_...._.... --.........._..._ _.._ .._.. _ ..
� Water Court case # �
Well name or #
Total depth
feet
700
Colorado River Alluvium
8. Water Supplier
Is this parcel within boundaries of a water service area? OYES Ea NO If
yes provide name of supplier:
9. Type Of Sewage System
4. Location Of Proposed Well11'� 4ij
County
Garfield
/v�••t
'SE- 1/4 of the44') 1/4
1_1 Septic tank / absorption leach field
0 Central system: District name:
0 Vault: Location sewage to be hauled to:
Other(attach copyof engineering design report)
0 9 9 •9 P)
- Section _ ? Township N or s '
12 1 DO93
Distancye o wen ro tion lines (section line re
Ft. from � N
O
-repla a eniw-- — -----_._._-.-
For replacement wells only —distance and direction
feet
...W
Well location address (if applicable)'_._._...._._....___..__.__..._-.._.__.___._.__.........-...:..__._.__..
p. o. al_G.P_._....eocaton.._nfor._...atto .
Optional: GPS well location information in
Required settings for GPS units are as follows:
Formal must be UTM
Zone must be 13
Range E or W
El
__........_............_............._......_.._._............................-..........._
lypicall roe I
from old well to new we
... - .
UTM format
Northing
Prinoi al Meridian
Sixth
nes) , ..,
Ft. horn E W
direction
_.. _. _......_. _.
___...._..............
10. Proposed Well Driller License #(optional):
11. Signature Of Applicant(s) Or Authorized Agent
The making of false statements herein constitutes perjury in
degree, which is punishable as a class 1 misdemeanor pursuant
24-4-104 (13)(a). I have read the statements herein, know
thereof and state that they are true to my_knowledge.
Sign here ust be ortgOal signature)
_ $14 ���CCC_..._///���_ __. _
Print name 8 title —^
Scott Balcomb, Vice President
the second
to C.R.S.
the contents
Date
_2/2a�03
`--0'--- "''
Units must be Meters
Datum must be NAD27 (CONUS)
Unit must be set to true north
Easting
Were points averaged? OYES ❑ NO
Office Use Only
5. Parcel On Which Well Will Be Located
USGS map name
DWR map no.
110 •0
Surface elev.
A.You must check and complete one of the following:
❑ Subdivision: Name
(no._F.. 0417
WE '-5,�\/u; . — ,ZCta Fr
WR
CWCB
TOPO —
SBSAR
Receipt area only
= = of.
?_:..
:s_'.
t. is
�G
W D •7 BA MD
Lot Block Filing/Unit
❑ County exemption (attach copy of county approval & survey):
Name/# Lot #
0 Parcel less than 35 acres, not in a subdivision, attach a deed with metes
and bounds description recorded prior to June 1, 1972
❑ Mining claim (attach a copy of the deed or survey): Name/#
U Square 40 acre parcel as described in Item 4
❑ Parcel of 35 or more acres (attach a metes and bounds description or survey)
0 Other (attach metes 8 bounds description or survey and supporting documents)
B. # of acres in parcel I C. Are you the owner of this parcel?
l OYES CI NO (if no — see instructions)
40 _ !
D. Will Ihis be the only well on this parcel? ]YES ❑ NO (if no - list other wells)
..._...... ................
E. State Parcel ID# (optional):DIV
EXHIBIT I
SENT BY: RFPD;
April 21, 2003
•
9706252963; APR -21 - 3:20PiM; NAS 2i2
Balcomb & Green,P.C.
Scott Balcomb
P.O. Drawer 790
818 Colorado Avenue
Glenwood Springs, Colorado 81602
Reference: Subdivision exemption
Mr. Balcomb
The Rifle Fire Protection District has recently reviewed your proposed subdivision
exemption for the McBride property. It is thc Districts understanding that your proposal
is to take one parcel of approximately 239 acres and create three parcels, one of
approximately 2.118 acres, one of approximately 25.230 acres and one of approximately
211.652 acres. The District further understands that the proposed uses of the parcels will
be residential.
The property is within the boundaries of the Rifle Fire Protection District and tire and
emergency medical services arc provided to the area by thc District. The District
approves of the exemption but would make the following recommendations:
1. Posting of address: addresses are to be posted where the driveway intersects the
County Road. If a shared driveway arrangement is used, the address for each
home should be posted to clearly identify each address. Letters are to be a
minimum of 4 inches in height, 'A inch in width and contrast with background
colors.
2. Access roadways: driveways should be constructed to accommodate the weights
and turning radius of emergency apparatus in adverse weather conditions.
3. Defensible space: combustible materials should be thinned from around structures
so as to provide a defensible span: in the event of a wild land fire.
4. It appears that water supply in the area is limited and lire flow capabilities would
likely not be available to extinguish a fully involved structure fire. The proposal
does however meet the District's minimum requirements allaying an approved
water supply within two miles.
Thank you for your cooperation and feel free to contact me if I can be of further
assistance.
Kevin C. Whelan
Rifle Fire Protection District
EXHIBIT J
Recorded at 3130 o'clock....P....M., Jul-jr-----�., 1.96.5
Reception No.2.3.Q676 Chas...S.-Keegan, Recorder. Page 449
Book 367
Tms DEED, Made this 8th day of July
A� `I in the year of our Lord one thousand
' nine hundred and sixty-five between
------ CHRISTINE EVERETT, JOHN W. EVERETT and
oftheGRACE A. EVERETT--- Countyof
Garfield
State of Colorado, of the first part, and
JOHN W. EVERETT and GRACE A. EVERETT ----
of the County of
and State of Colorado, of the second part:
,\ The N21iW4; SE IW4; SW,1-NE4 of Section 12, Tp. 6 S., R. 93 W., 6th P.M., containing
160.20 acres, more or less, together with all improvements thereon and also an
' un -divided 7/16 interest in and to Stqbaugh ditch No. 17 in the decrees of the
District Court of Garfield County, Colorado, Water District No.,39, entered May 11,1889,
together with a like 7/16 interest in and to water adjudicated front Grand ( now
Colorado) River, Priorities Nos. 16 and 108, and any and all other ditch and water
rights connected with said land or used thereon.
ALSO CONVEYS, all that part of the SW-t;NWW of Section 12, i' . 6 C.; R. 93 W.,
6th P.M., which lies South of the Denver and Rio Grande Railway Company right-of-
way, containing 16 acres, more or less.
Garfield
Recorder's Stamp
WITNESSETH, That the said part ies of the first part, for and in cansideratie of the sum of
Ten Dollars and other good and valuable considerations-w---iiObhAitS
to the said parties of the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and quit
claimed, and by these presents do remise, release, sell, convey and quit claim unto the 'said parties of
the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the
right, title, interest, claim and demand which the said part ies of the first part ba . ve in and to the
following described lot s or parcel s of land situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
.4
ALSO CONVEYS, all that part of the NE4NEk of Section 12, Tp. 6 S., R. 93 W.,
6th P.M., lying southerly of the Rio Grand Junction Railroad Company's right-of-
way, together with four (4) shares of the Lower Cactus Valley Ditch and all first
parties' interest in and to the Eyre Ditch from the Grand River and til water
rights connected therewith.
A «�
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto apertaining, and all the estate, right, title, interest,
and claim whatsoever of the said part ies of the first part, either in law or eglity, unto the said parties
of the second part, their heirs and assigns forever. y
IN WITNESS WHEREOF, The said parties of the first part ha ve hereunto set their
hand s and seal s the day and year first above written.
Signed, Sealed and Delivered in the presence of ' L
STATE OF COLORADO
County of Garfield
A ` [SEAL]
}55.
[SEAL]
[SEAL]
Tall` o}�� Ing instrument was acknowledged before me this 9th • day of July
19.' P .. Y-C*4s'tine Everett, John W. Everett and Grace A. Everett.
°''AVMNTAVRIWNIgtd and official seal
,1,tlArrelitmin,eYpires December 1,1965. )
;Q
\.s
/.
.-� - . - ./' ',,
4..;:e:CO
1
No4 962 enar CLAIM DEED.—To—Joint Tomato.—Bradford-aobineou Printing, Company, 1824.46 Stout Street, Denver; Colorado
Notary Public.
EXHIBIT K
Brook 367
Page 448
Recorded at..3:2.8 o'clock P. M., .iuly ..9.,.. 1965
Reception No 230675 Chas. S. Keegan Recorder.
THIS DEED, Made this 8th day of July
in the year of our Lord one thousand nine hundred and sixty–five
between
RAY FILENER and EDNA MARIE FILENER
of the County of Garfield
Colorado, of the first part, and
and State of
RECORDER'S STAMP
JOHN W. EVERETT and GRACE A..EVERETT
of the County of Garfield and State of Colorado, of the second part;
WITNESSETH, that the said part iesof the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations ]dflW.NtS,
to the said parties of the first part in hand paid by the said parties of the second part, the receipt wheret is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcels of land, situate, lying and
being in the County of Garfield and State
of Colorado, to -wit:
All of Lot One (1), Section 12, Tp. 6 S., R. 93 W., 6th P.M., Also known as
the SEINE of said Section 12, Tp. 6 s., R. 93 W., 6th P.M., containing
35.5 acres, more or less,
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claimand demand whatsoever of the said parties of the first part, either in IA or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances. 4
TO HAVE ANb TO HOLD the said premises above bargained and described, with the appurtenances, unto the paid
parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them set'8,
their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties
of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these present -they are
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in
law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same it4
manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments and encumbrances of whatever kind or nature soever, -
r
NO EXCEPTIONS
and the above bargained premises itt the quiet and peaceable possession of the said parties of the second part, their heirs
and assigns, against alt and every person or persons lawfully claiming or to claim the whole or any part thereof, the said
part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part ha ve hereunto settheir hand S and
seals the day and year first above written.
Signed, Sealed and Delivered if the Presence of
STATE OF COLORADO,
County of Garfield }ss.
41.)
:L...J'i�.....JJ_..:'1..:.G..�s.:::,"r._././/.:i._� [SEAL]
,;111'!_�C. Y1144,:'S,Lt' ' CL:.::L�f2' [SEAL]
[SEAL]
The �w,l,�,,. , 1
o gglgg instrument was acknowledged before me this 9th day of - July
19 �r%*y.,�t,99,IiA.ysFilener and Edna Marie Filener.
' � t
'My ,44/140,6, If? December 1, 19
/ov
(7 L• V; - n Notary Public.
65 Witness my hand and official seal.
AFI
11
No. 921. A WARRANTY DEED—T. Joint Tenant.—Bradford-Robinson Printing Company, 1824-46 Stout Street, Denver Colorado
If by natural person or persona here insert name or names ; if by .person acting In representative or official capacity or as
attorney-in-fact, then insert name of person as executor, attorney -In -fact o, other capacity or description; If by officer of cor-
poration, then insert name of such officer or officers as thepresident or other officers of such corporattont. naming it.—Statutory
AoknowledpfnentsSec. 118-64 Colorado Revised Statute. 1983.
alt
Book 367 Recorded at 3:32 o'clock ........._M.,_....... Jtr1 y-..9,....19.65
Page 450 Reception No..23.Q6.7.7 .G)'133...S..KE.E...Tly._....Recorder.
RECORDER'S STAMP
THIS DEED, Made this 8th day of July
in the year of our Lord one thousand nine hundred and sixty—five
between
---- CHRISTINE EVERETT, JOHN W. EVERETT and
GRACE A. EVERETT
of the County of Garfield and State of
Colorado, of the first part, and
RAY FILENER and EDNA MARIE FILENER
of the County of ,1 Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part iee f the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations DOfzhARS,
to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot s or parcel S of land, situate, lying and
being in the County of Garfield and State
of Colorado, to -wit:
All that part of the SEINW4 of Section 12,'Tp. 6 S., R. 93 W., 6th P.M.,
lying Northerly of the Rio Grande Junction Railroad Company's right-
of-way, containing 6.75 acrOs, more or less,
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
' appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part -0t of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the4aid
parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for ChemselVe3
their heirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties
of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents Lhr:y are
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and ha VB good right, full power and lawful authority to grant, bargain, sell and convey the same in
manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments and encumbrances of whatever kind or nature soever,
NO EXCEPTIONS
A
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs
and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said
parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part ha Ve hereunto settheir hand s anti
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO, j
ea.
of Garfield t
County J
r � /
c
A -SEAL]
[SEAL]
Aqua
ii5strument was acknowledged before me this 9th day of July
19,ay4$7 aetftne Everett, John W. Everett and Edna Marie Filener.
bd;1' ;i'Ib,.ez yy-}res December 1, 19 65. Witness my hand and official seal.
°O. C LtiCk
ie. -4
Notary Publlo.
e s�aw•wasss�as�
No. 921. WARRANTY DEED. To Joint Tennant—Bradford-Robinson Printing Company. 1824-46 Stout Street, Denver. Colorado
•Jf by natural person ora ersons here Insert name or names; If by pornon acting m' reproeentative or official capeolty or ae
nttomey-in-tact, then insert ams f person as executor, attorney -In -fact or other apeoity r description; If by officer of
or -
d knionnfeten me rto.a e of such of
or officers as tfse president or other officers of such corporation, naming lt.—Statutory
o p 6-1 Colorado Revised Statutes 1963.
Recorded at._8'.17 o'clock A•M.,
Reception No 249510 Ella Stephens, Recorder.
April 20, 1971
Book 418
Page 375
Tam DEED, blade this 12th day of April
19 71, between
JOHN W. EVERETT and GRACE A. EVERETT
of the County of Garfield State of
Colorado, of the first part, and
HAROLD L. PIPER and MARJORIE J. PIPER
of the County of
Garfield anti State of
Recorder's Stamp
Colorado, of the second part:
WITNESSETH, That the said parties of the first part, for and hi consideration of the sum of
Ten Dollars and other good and valuable consideration .
to the said part ie s of the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and quit
claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of
the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the
right, title, interest, claim and demand which the said part ie sof the first part ha ve in and to the
following described lot or parcel of land situate, lying and being in the
County of Garfield and State of Colorado, to wit:
All that part of the SW'NE4 lying Northerly of
U. S. Highway 6 & 24, in Section 12, Tp. 6 S.,
R. 93 W., 6th P.M.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said part ieslf the first part, either in law or equity, auto the said parties
of the second part, their heirs and assigns forever, not in, tenancyiin common but in joint tenancy.(
IN WITNESS WHEREOF, The said parttes of the first part ha ve hereunto set their
hand s and seals the day and year first above writt e'V/ 0'2144'-e/9' %14✓[' l
SEAL
Signed, Scaled and Delivered in the presence of John W. Everett
[SIAL]
Ca • 6 — "`Jt. [SEAL]
Grace A. Everett
STATE OI` COLORADO,
County of Garfield J
The foregoing instrument was acknowledgedbefore me this 12th day of April
1971 ,by John W. Everett and Grace A. Everett.
My commission expires .°2Jze--y "?"'7 9 I
WITNESS. my hand and official seal.
:+r: . L.tiJ,
Notary Public.
No.962. QUIT CLAIM DEED.—To Joint Tenants.—Bradford Publ3ehingCo.. 182446 Stout Street. Denver. Colorado —2.69
Book 443
Page 452 B,ecepdon No 258001 Ella Stephens, Recorder
Recorded at 2:10
o'clock. P.M., April a7 1923
THIS DEED, Made this Ti day of Apr 11
between
00 73,
JOHN W. EVERETT and GRACE A. EVERETT
STATE DOCUMENTARY HE
/4PPB P. rgi?
of the County of Garfield and State of Colorado,
of the first part, and
STEPHEN B. PRICE and TED MULLENNIX,
d/b/a T. S. CATTLE COMPANY
of the County of Pitkin and State of Colorado, of the second part:
WITNESSETH, That the said part ie SA the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration
HEX
to the said partleS of the first part in hand paid by the said part ie Sof the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part ie of the second part, their
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to -wit:
Section 12, Township 6 South, Range 93 West -of the 6th Principal
Meridian:
All of Lots 3 and 4 (sometimes referred to as the NZSW4 of said
Section, Township and Range);
All that portion of the SW4NW4, SE4NW4, SW4NE4, NE4NE4, and`Lot 1
Southerly of the Denver and Rio Grande Railroad Company right-of-way
which right-of-way is described in Deed recorded April 2, 1889, in
Book 19 at page 375 as Reception No. 8769, and in Deed recorded Apr
2, 1889, in Book 19 at page 387 as Reception No. 8781, and;tin Deed
recorded April 2, 1889, in Book 19 at page 388 as Reception No. 8782
and in Deed recorded April 2, 1889, in Book 19 at page 380 as Recept
No. 8774;
EXCEPTING from the above described property that portion of the NE4
NE4 of said Section, Township and Range as described in Deed from
John W. Everett and Grace A. Everett to Clyde F. Klinger and Esther
R. Klinger recorded January 7, 1972, in Book 426 at page 121 as
Reception No. 252201 described as follows:
411 that portion of land situated in the NE4 of Section 12, Township
6 South, Range 93 West of the 6th Principal Meridian, more particular
described as follows:
Beginning at a point on the Southerly ROW line of the Denver and Rio
Jrande Western Railroad, whence the West 4 corner of said Section 12
bears S. 70°39'40" West 3838.92 feet; thence N. 76°29'37" E. 338.21
feet along the said ROW line; thence S. 09°29'12" E. 54.97 feet;
thence S. 78°19'39" W. 273.45 feet; thence N. 66°25'49" W. 76.49 fee
to the point of beginning.
ALSO, EXCEPTING from the above described property that portion of th
SW4NE4 of said Section, Township and Range described, in Deed from
"harles H. Stobaugh to James D. Harris recorded April 6, 1889, in
3ook 19 at page 407 as Reception No. 8832, as follows:
4 parcel of land 10 feet wide along the East side and lying within
the SW4NE4 of Section 12, Township 6, South, Range 93 West, 6th P.M.
together with all oil, gas & mineral rights presently owned by the
sellers and attached to said lands and all irrigation water and
ditch rights attached to said lands including, but not limited to
o.24 shares of Grand River Ditch, 7/16 right in the Stobaugh'Ditch,
And 320 miners inches in Eyre Ditch.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part ie S of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED—For Photographic Record. —Bradford Pubnehlne Co.. 1524.40 Stout Street, Denver, Colorado -1-72
on
ly
t
Book 443
Page 453
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said part iesofr�y� a second part, the Litwin' and assigns forever. And the said pestles of the first part,
fothem sexes/rh ralexecutors, and administrators, do covenant, grant, bargain and agree to and with
the said part ie sof the second parttheirheira and assigns, that at the time of the ensealing and del[very of
these presents they ala@ll seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the name are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind ornature soever, except 1973 property taxes and assessments,
easements, rights of way and restrictive covenants of record
and the above bargained premises in the quiet and peaceable possession of 'the said part les of the secbnd part,
their heirs and assigns against all and every person or persons lawfully claiming or to claire the whole or any
part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND. '1h
hereunto Seth e i r band S
IN WITNESS WHEREOF, the said part ie s of the first part
and seal S the day and year first above written.�/�
�([SEAL]
Signed, sealed and Delivered in the Presence of NOhn W. Everett
[SEAL]
/L -Q-70-11 ....fi(SEAL]
�.
race A. Everett
STATE OF COLORADO,
es.
County Garfield 19 -14ti day of
The foregoing instrumentt was acknowledged before me this
19 73, by John W. Everett and Grace A. Everett.
My commission expires ...-..ft /1, , 19 7 . Witness my hand and official sni : � ia ••,
.CJI °`'`Pti%39"�v
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GRACE A. EVERETT
ent was filed
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• •
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for the McBride Subdivision
Exemption (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
John McBride, individually and as agent for Radimo, Ltd.
Print Name
Mailing Address:
303-E AABC
Aspen, CO 81611
Page 4
• •
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which may
require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective
positions combined with an hourly overhead cost for the office will be used to establish the actual cost of
County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
•
N�'
GARFILED COUY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Sketch Plan $350
Preliminary Plan $670 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
Final Plat $200
Amended Plat $100
Exemption from the Definition of Subdivision (SB -35) $300
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing $250
• Board Public Hearing only $400
• Planning Commission and Board review & hearing $525
Zoning Amendments
■ Zone District map amendment $450
• Zone District text amendment $300
• Zone District map & text amendment $500
• PUD Zone District & Text Amendment $500
• PUD Zone District Text Amendment $500
Board of Adjustment
• Variance $250
■ Interpretation $250
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30
County Surveyor Review Fee (includes review of Amended $50
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — Is` page
$10 each additional page
Page 2
• •
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
AMANDA N. MAURER
DEBORAH DAVIS*
DAVID P. JONES
ALSO ADMITTED TO PRACTICE IN
NEW YORK AND MISSOURI
DATE:
To:
FROM:
SUBJECT:
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.8902
MEMORANDUM
JULY 3, 2003
TAMARA PREGL
GARFIELD COUNTY BUILDING/PLANNING
SALLY VAGNEUR, LEGAL ASSISTANT
MCBRIDE SUBDIVISION EXEMPTION
OF COUNSEL:
KENNETH BALCOMB
Pursuant to our discussion during the field trip on July 1, 2003, to the property the
subject of the Application for the McBride Subdivision Exemption, enclosed is a copy of
Well Permit No. 250904 which was issued by the Colorado Division of Water Resources on
June 9, 2003 pursuant to the Residential Water Well Permit Application attached to the
Exemption Application as Exhibit I.
Also enclosed is the original Proof of Publication from the Glenwood Post
Independent indicating that the Public Notice of the public meeting to be held on the
Exemption Application was published on May 30, 2003.
May 15, 2003
Scott Balcomb
Balcomb & Green, P.C.
PO Drawer 790
818 Colorado Avenue
Glenwood Springs, CO 81602
Re: Radimo / McBride Exemption
Dear Mr. Balcomb,
Garfield County
BUILDING & PLANNING DEPARTMENT
The purpose of this letter is to inform you that the Subdivision Exemption application submitted on behalf of
John McBride and Radimo, Ltd. has been deemed technically compliant and will be heard before the Board of
County Commissioners at 1:15 p.m., on Monday, July 14, 2003, in the Garfield County Plaza Building,
Commissioners Hearing Room, Suite 100, 108 8th Street, Glenwood Springs. Should this date be
inconvenient for you, please contact me for a different meeting date.
The Friday prior to the meeting date, a staff report and agenda, which will indicate the approximate order of
items to be heard at the meeting, will be available for you to pick-up in the Building and Planning
Department, or a copy can be mailed to you upon request.
The applicant is responsible for the publication, posting, and mailing of all notices and shall present proof of
publication and mailing at or before the hearing. Notice for the hearing shall be given as follows:
(1) Notice by publication, including the name of the applicant, description of the subject lot, a description of
the proposed use and nature of the hearing, and the date, time and place for the hearing shall be given
once in a newspaper of general circulation in that portion of the County in which the subject property is
located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof
of publication shall be presented at hearing by the applicant.
(2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all
owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the
subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more
than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
(3)
The site shall be posted such that the notice is clearly and conspicuously visible from a public right-
of-way, with notice signs provided by the Planning Department. The posting must take place at least
thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of
the applicant to post the notice, and ensure that if remains posted until and during the date of the
hearing.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
• •
PUBLIC NOTICE
TAKE NOTICE that Radimo, Ltd has applied to the Board of County Commissioners, Garfield
County, State of Colorado, to request Subdivision Exemption approval, pursuant to Section 8:00 of
the Garfield County Subdivision Regulations of 1984, as amended, in connection with the following
described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See attached.
Practical Description: The subject property is 2 miles east of Rifle on Highway 6 & 24.
Request Description: Said subdivision exemption will create 3 parcels of land from
approximately 239 acres of land. The three parcels will consist of the following acreage of land:
2.118 acres, 25.230 acres, and 211.652 acres.
All persons affected by the proposed subdivision exemption are invited to appear and state their
views, endorsements or objections. If you cannot appear personally at such meeting, then you are
urged to state your views by letter, as the Board of County Commissioners will give consideration
to the comments of surrounding property owners and others affected in deciding whether to grant
or deny the request for the subdivision exemption. This subdivision exemption application may be
reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield
County Plaza Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00
p.m., Monday through Friday.
A pubic meeting on the application has been scheduled for Monday, July 14, 2003, at 1:15
p.m., in the County Commissioners Chambers, Garfield County Plaza Building, Suite 100, 108 8th
Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
Pleaselli
d Application to the Following Referrikencies
Applica n Name: au...3,1,4Q / j—tc.42d-(ts c e, e 1,,,,,
Date Application Sent: 1
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town of DeBeque
X, City of Rifle ✓f
Town of Basalt
Town of Carbondale
City of Glenwood Springs
Town of New Castle
Town of Silt ✓
Town of Parachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa County Planning Department
Burning Mtn. Fire District
Town of Silt Fire Department
X. Rifle Fire Protection District ✓
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE -1 School District
), RE -2 School District ,/
School District 16
Carbondale Sanitation District
Battlement Mesa Water & Sanitation
Spring Valley Sanitation District
West Glenwood Sanitation District
Mid -Valley Metropolitan Sanitation District
Roaring Fork Water and Sanitation District
Holy Cross Electric (Roaring Fork, S. of Co. River west)
Public Service Company (N of Co. River west)
KN Energy (S. of Co. River, Roaring Fork )
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications (Rifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office)
Colorado Division of Wildlife (GJ office)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
Colorado Geological Survey
Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board
Bureau of Land Management
Department of Energy — Western Area Power Admin.
Bureau of Reclamation — Western Colorado Area Office
US Corps of Engineers
Northwest Options of Long Term Care
Roaring Fork Transportation Authority
)C Garfield County Road & Bridges/'
>‹, Garfield County Vegetation t/
Garfield County Housing Authority (Sieve Anttiahy)
Garfield County Engineer (Jeff Nelson)
Garfield County Oil and Gas Auditor (Doug Dennison)
Garfield County Sheriff Department
06/10/2003 19:02
Fax
6259627
ROAD AND BRIDGE
•
Garfield
County
Bridge
902 7_ughena.ugt� Sie. 305
Mb, Co 81050
V04254001
Nt Tamara Pregi Pram Jake B. Map
PAGE 01
GARFIELD
COUNTY
ROAD AND
BRIDGE
TEL: 970-625-8601
Fax: 970-625-8627
Fe= 025-8027 Pogo= 1 phis cover pope
Phnom 8258627 Ext. 104 Orin 9/11/2003
Roc Raddimo4A 31de Exemption CCe
0 wart x Par ROVIOW x Please C ----t ❑ nesse Reply 0 Plow Recycle
06/10/2003 19:02 6258627
ROAD AND BP.IDGE
N 4110
GARFIELD COUNTY
Bidding & Planning Department
Review Agency Form
Date Sent: 5/21/03
Comments Due: 6/30/03
Name of application Radima✓McBride Exemption
Sent to: ld
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & ,Planning
Staff contact: Tamara Pregi
109 8t Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General comments: Garfiitd County Road and Bridge Dept. has no comment Qn this
as the ; -.ses ;s I ofK ,:: 6 t. ., 4ffofa
'Jr / }AJ
PAGE 02
Name of review agency: Garfield C9unty Road and Bridge Dept
By: Jake B. Mall
Date 6/11/03