HomeMy WebLinkAbout1.0 Application111 1111.
3EF THE BOARD OF COUNTY COMFSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the subdivision Regulations of Garfield County, Colorado,
adopted Apri
23, 1984 Section 2:20.49, the undersigned Roy R. Rakich
and Martha A. Rakich, by their attorliy,
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by ,
Resolution the division of a 4.48 acre tract of land into 2 tracts,et
one 1.33 acre and the other 3.l5 -acres
3XX4;r, more or less, from the definitions of
'subdivision' and subdivided land' as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
a contract has been entered into to sell the 1.33 acre parcel with easement
for ingress and egress to Nick Terliamis and R & G Excavating, Inc.
SUBMITTAL REQUIREMENTS:
application which satisfies the review criteria must be submitted with
all the following information.
A Sketch map at a minimum scale of 1'200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. 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.
c. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. ames 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; and
Evidence of the soil types and characteristics of each type; and
?roof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
'.) i l l i ngness to serve; and
H. 1;arrative explaining why exemption is being requested; and
1. 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 -rom a larger parcel as it
existed on January 1, 1973.
J. A 5100.00 fee must be su'bmittethe ap• ica on.
Mr. & Mrs. Roy R. Rakich
5311 County Rd. 154
P. 0. Box 444
Glenwood Springs, CO 81602
2' ' xt • Chaes M. Stoddard, att
for Petitioner Roy R. Rakich and
Martha A. Rak c.1 , PO Box 6 _Z,
Mailing Adress
Glenwood Spring.CQ 81602
City State
1412474
Telephone Number
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P. 0. Box 697
Glenwood Springs, Colorado 81602
November 20, 1985 Telephone 74
Area Code 3o345-7474
303 303
Board of County Commissioners
Garfield County
P. 0. Box 640
Glenwood Springs, CO 81602
RE: Rakich exemption request
Gentlemen:
Pursuant to Sec. 8:00, et seq. of the Garfield County Subdivision
Regulations, on behalf of Roy R. Rakich and Martha A. Rakich,
I submit in duplicate Petition for Exemption. Incompliance with
of the submittal requirements, I submit in duplicate the following:
A. Two copies of "Final Plat Rakich Exemption" showing the legal
description of a 4.48 acre 2a cel of land which the Rakichs
now own and a 1.33 acre/PWEic1i they have contracted to sell
to Nick Terliamis and R & G Excavating, Inc., including
a 20 ft. access easement to the property from State Hwy.
82. What is described as a 15 ft. access easement on the
southerly boundary of the 1.33 acre parcel is not in fact
an access easement, but an irrigation ditch easement.
A-1 A legal description dated Nov. 13, 1985 by Mountain Engineering
Land Surveying Co. of the 1.33 acres together with description
of said 20 ft. road easement and the 15 ft. irrigation
ditch easement.
B. Vacinity map in the form of a part of the USGS Cattle Creek
quadrangle showing the general topographic and geographic
relation of the proposed exemption to the surrounding area
within 2 miles thereof.
C. Copy of deed dated Feb. 1, 1982, from Roy R. Rakich and
Doris Rakich to Roy R. Rakich and Martha A. Rakich covering
said 4.48 acres.
D. A list of the names and addresses of owners of record of
land immediately adjoining and within 200' of the proposed
exemption, mineral owners and lessees of mineral owners
of record of the property to be exempted. There are no tenants
of any structure proposed for conversion
E. A letter dated Nov. 14, 1985, from the undersigned to the
USASCS and the information furnished in response thereto,
being evidence of the soil types and characteristics of
Board of County Commissioners
Page two
November 20, 1985
each type in the area of the proposed exemption.
F. Nick and Bonnie Terliamis own parcel 057 immediately south
and adjacent to parcel 101 owned by Roy and Martha Rakich
as shown on assessor plat 23950-1 attached hereto. According
to field inspection report dated Nov. 13, 1985, by Alvin
L. Cerise, water commissioner on wells, copy attached, a
well was drilled on the Terliamis tract in the late 60's
and used for the purposes therein specified. Also submitted
herewith is letter dated Nov. 13, 1985, from the undersigned
to the Colo. Division of Water Resources enclosing copy of
Statement of Beneficial Use o f Ground Water and late registration
for the above referred to well. Terliamis proposes that
water from such well be used to the extent necessary, which
will be quite minimal, on the parcel proposed for exemption,
which Terliamis and R & G propose to use for a contractor's
yard. Said purchasers propose to install an individual sewage
disposal system on the parcel. Attached is a letter dated Nov. 14
from the undersigned to the Carbondale Rural Fire Protection
District. No response has been received to date. When received,
it will be submitted.
G. No connection to a community or municipal water sewer system
is proposed.
H. Exemption is being requested so the parcel of land can be
sold to Terliamis and R & G Excavating Inc. for use as a
contractor's yard.
I. By warranty deed dated Aug. 17, 1970, recorded Aug. 20, 1970
in Book 412 at page 381, Tony Rakich conveyed to Roy R. Rakich
and Doris Rakich a parcel of land containing 4.622 acres
which included all the 4.48 acres now owed by Rakich and
that parcel marked on the Rakich exemption plat as the B.J.
Akins property, which Rakich conveyed to Akins who owned
the adjacent parcel to the northeast in exchange for the
parcel extending to Hwy. 82 so that Rakich could and did obtain access
to the highway from his property.
J. Check in the amount of $100 for the filing fee payable to
the Garfield County Treasurer is submitted herewith.
If there is other info needed, please advise. Thank you for
your consideration.
nce
Charles M. todda
Attorney for Roy R.
Rakich and Martha A. Rakich
CMS:gw
Enclosures
cc: M/Mrs. Roy Rakich; R & G Excavating; Nick Terliamis
mountainekineerin kM iu
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
p.o. box 14 gypsum, colorado 81637 524-9414
November 13, 1985
LEGAL DESCRIPTION
A parcel of land in Section 1, Township 7 South, Range 89 West
of the Sixth Principal Meridian being more particularly described
as follows:
Beginning at a point whence the brass cap witness corner for
the southeast corner of Lot 9 of said Section 1 bears North 88°45'00"
East, 516.60 feet; thence South 36°50'00" East, 374.19 feet; thence
North 87°47'00" West, 303.48 feet; thence North 12°52'24" West,
198.32 feet; thence North 52°31'00" East, 155.15 feet to the point
of beginning, containing 1.33 acres, more or less;
Together with a 20 foot wide road easement being 10 feet on
each side of the following described centerline:
Beginning at a point whence said brass cap witness corner bears
North 88°45'00" East, 516.60 feet; thence South 52°31'00" West along
the north line of the above described parcel 10.00 feet to the TRUE
POINT OF BEGINNING; thence North 36°50'00" West, 185.53 feet; thence
North 52°31'00" East, 199.90 feet to a point on the southwesterly
right of way of old State Highway 82 whence said brass cap witness
corner for the southeast corner of said Lot 9 bears South 78°20'31"
East, 649.03 feet;
Reserving a 15 foot wide irrigation ditch easement being more
particularly described as follows:
Beginning at a point whence said brass cap witness corner bears
North 88°45'00" East, 516.60 feet; thence South 36°50'00" East, 354.87
feet to the TRUE POINT OF BEGINNING; thence South 36°50'00" East,
19.32 feet to the southeast corner of the above described parcel;
thence North 87°47'00" West, 303.48 feet along the south line of said
parcel; thence North 12°52'24" West along the west line of said
parcel 15.54 feet; thence South 87°47'00" East, 295.36 feet to the
point of beginning, containing 0.10 acres, more or less.
• • EXHIBIT D
A LIST OF THE NAMES AND ADDRESSES OF OWNERS OF RECORD OF LAND
IMMEDIATELY ADJOINING AND WITHIN 200 FT. OF THE PROPOSED EXEMPTION,
MINERAL OWNERS AND LESSEES OF MINERAL OWNERS OF RECORD OF THE
PROPERTY TO BE EXEMPTED FOR RAKICH EXEMPTION PETITION.
1. Charles G. & Patricia S. Warden
0125 167 Rd., Glenwood
2. Cheryl Lyn Tassos
0183 167 Rd., Glenwood
3. Myles J. & Virginia Holub
0255 Co. Rd. 167, Glenwood
4. Nicholas L. & Bonnie Terliamis
0252 167 Rd., Glenwood
5. Paul & Arrie Mae Shaw
P. 0. Box 1193, Glenwood
6. B.J. & Zilli Akins
Attn: Mobil Oil Indonesia, Inc
P. O. Box 66
Salan Kayu
Singapore, Republic of Singapore
7. Delores A. Stowe
P. O. Box 1581, Glenwood
8. Walter A. & Delores A. Stowe
P. O. Box 1581, Glenwood
9. Mary Arlene Brown
0085 167 Rd., Glenwood
10. Golden Buff Enterprises
P. O. Box 2104, Glenwood
11. Roy A. & Martha Rakich
P. O. Box 444,Glenwood
12. Patrick B. Coryell
6931 Hwy. 82
Glenwood Springs, CO 81601
The undersigned certifies the Notice attached hereto
was served on all the above named persons by depositing copies
thereof in the U.S. mail, postage repaid, certified mail, return
receipt requested, addressed as own a.ove this 27th day of
November, 1985.
%�
Charles M. Stodddrd,attorney for
Roy R. and Martha A. Rakich
• •
NOTICE
Take Notice that Roy R. and Martha A. Rakich have applied to the Board of
County Commissioners, Garfield County, State of Colorado, to grant an
exemption in connection with the following described property situated in
the County of Garfield, State of Colorado; to -wit;
Legal Description: See attached.
Practical Description: (location with respect to highway, County roads
and residences):
A tract of land located approximately 3 1/2 miles south of Glenwood
Springs off of County Rd. 154.
Said Exemption is to allow the Petitioners to divide a 4.48 acre parcel
into two parcels of approximately 1.33 acres and 3.15 acres each on the
above described property.
All persons affected by the proposed Exemption are invited to appear and
state their views, protest or objections. If you cannot appear personally
at such meeting, then you are urged to state your views by letter,
particularly if you have objections to such Exemption 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 Exemption. This Exemption application may be
reviewed at the office of the Planning Department located at Garfield
County Courthouse, 109 8th Street, Suite 303, Glenwood Springs, Colorado
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
That hearing on the application for the above Exemption has been set for
the 16tn day of December, 1985, at the hour of 2:00 P.M. at the Garfield
County Courthouse, Commissioner's Hearing Room, Suite 301, 109 8th Street,
Glenwood Springs, Colorado.
Planning Department
Garfield County, Colorado
•
i •
mountain engineering & land fury �.ying co.
406 s. hyland square, suite a-1
glenwood springs, colorado 81601
945-2045
p o. box 14 gypsum, colorado 81637 524-9414
November 13, 1985
LEGAL DESCRIPTION
A parcel of land in Section 1, Township 7 South, Range 89 West
of the Sixth Principal Meridian being more particularly described
as follows:
Beginning at a point whence the brass cap witness corner for
the southeast corner of Lot 9 of said Section 1 bears North 88°45'00"
East, 516.60 feet; thence South 36°50'00" East, 374.19 feet; thence
North 87°47'00" West, 303.48 feet; thence North 12°52'24" West,
198.32 feet; thence North 52°31'00" East, 155.15 feet to the point
of beginning, containing 1.33 acres, more or less;
Together with a 20 foot wide road easement being 10 feet on
each side of the following described centerline:
Beginning at a point whence said brass cap witness corner bears
North 88°45'00" East, 516.60 feet; thence South 52°31'00" West along
the north line of the above described parcel 10.00 feet to the TRUE
POINT OF BEGINNING; thence North 36°50'00" West, 185.53 feet; thence
North 52°31'00" East, 199.90 feet to a point on the southwesterly
right of way of old State Highway 82 whence said brass cap witness
corner for the southeast corner of said Lot 9 bears South 78°20'31"
East, 649.03 feet;
Reserving a 15 foot wide irrigation ditch easement being more
particularly described as follows:
Beginning at a point whence said brass cap witness corner bears
North 88°45'00" East, 516.60 feet; thence South 36°50'00" East, 354.87
feet to the TRUE POINT OF BEGINNING; thence South 36°50'00" East,
19.32 feet to the southeast corner of the above described parcel;
thence North 87°47'00" West, 303.48 feet along the south line of said
parcel; thence North 12°52'24" West along the west line of said
parcel 15.54 feet; thence South 87°47'00" East, 295.36 feet to the
point of beginning, containing 0.10 acres, more or less.
,.[.• .'cilt'.33.1t.- .11L w.'iT:.t i_ ar�'.:.:'ai[-:Y�?'.uv sefL9. C:=-.1.a"K �. a Y�JS ..01,,i'ffi4(1. S/�Yl9tiQ L.as.tiE
1
• EXHIBIT D
A LIST OF THE NAMES AND ADDRESSES OF OWNERS OF RECORD OF LAND
IMMEDIATELY ADJOINING AND WITHIN 200 FT. OF THE PROPOSED EXEMPTION,
MINERAL OWNERS AND LESSEES OF MINERAL OWNERS OF RECORD OF THE
PROPERTY TO BE EXEMPTED FOR RAKICH EXEMPTION PETITION.
1. Charles G. & Patricia S. Warden
0125 167 Rd., Glenwood
2. Cheryl Lyn Tassos
0183 167 Rd., Glenwood
3. Myles J. & Virginia Holub
0255 Co. Rd. 167, Glenwood
4. Nicholas L. & Bonnie Terliamis
0252 167 Rd., Glenwood
5. Paul & Arrie Mae Shaw
P. 0. Box 1193, Glenwood
6. B.J. & Zilli Akins
Attn: Mobil Oil Indonesia, Inc
P. O. Box 66
Salan Kayu
Singapore, Republic of Singapore
7. Delores A. Stowe
P. O. Box 1581, Glenwood
8. Walter A. & Delores A. Stowe
P. O. Box 1581, Glenwood
9. Mary Arlene Brown
0085 167 Rd., Glenwood
10. Golden Buff Enterprises
P. O. Box 2104, Glenwood
11. Roy A. & Martha Rakich
P. 0. Box 444,Glenwood
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P. 0. Box 697
Glenwood Springs, Colorado 81602
Telephone 945-7474
November 1 4 , 1985 Area Code 303
USASCS
401 23rd St., Ste. 106
Glenwood Springs, CO 81601
Attn: Mr. Dean Stindt
RE: Roy R. Rakich request for exemption
Dear Mr. Stindt:
Confirming our telecon this date, my clients Mr. and Mrs. Roy
R. Rakich propose to sell a 1.33 acre parcel of land more particularly
described on Exh. A attached hereto, being a part of what is
marked on the enclosed copy of a part of the County Assessor's
plat 2395-01 as parcel 101, which I have circled in red. The
1.33 acre parcel lies in the southeasterly quadrant of parcel
101.
partial
Also enclosed is a/copy of USGS Cattle Creek Quandrangle on
which I have put a red X depicting the approximate location
of the 1.33 acres.
As you know, under the County's Regulations for Exemption Request,
we. must furnish "evidence of the soil types and characteristics
of each type" for the subject parcel. I understand that you
have such information, and I would be greatly obliged if you
would furnish such. If you will call when it is available,
I will pick up the information. Many thanks.
Sincere;
Charles M. Stoddard
Attorney for Mr. & Mrs. Roy R. Rakich
CMS:gw
Enclosure
•
7/82
28—Dahlquist-Southace complex, 25 to 50 percent slopes. This map
unit is on alluvial fans, terraces, and terrace side slopes. Elevation is
6,200 to 7,400 feet. The average annual precipitation is 14 to 16 inches,
the average annual air temperature is 42 to 46 degrees F, and the average
frost -free period is 105 to 115 days. The vegetation is mainly grasses,
woody shrubs, and forbs with scattered, small conifer trees.
This unit is 40 percent Dahlquist and 35 percent Southace. The
components of this unit are so intricately intermingled that it was not
practical to map them separately at the scale used.
Included in this unit are small areas of Yamo soils and Gypsiorthid.
Also included are small areas of sandstone Rock outcrop. Included areas
make up about 25 percent of the total acreage.
The Dahlquist soil is deep, and well drained. It formed in alluvium
derived from mixed mineralogy sources. Typically, the surface layer is
brown cobbly sandy loam 4 inches thick. The upper 5 inches of the subsoil
is very cobbly sandy clay loam. The lower 10 inches of the subsoil is very
cobbly sandy loam. The substratum to a depth of 60 inches is calcareous
very cobbly loamy sand. The soil is noncalcareous to a depth of 9 inches
and calcareous below that depth.
Permeability of the Dahlquist soil is moderate. Available water
capacity is low. Effective rooting depth is 15 to 25 inches. Runoff is
medium, and the hazard of water erosion is moderate.
• •
The Southace soil is deep and well drained. It formed in alluvium.
Typically, the surface layer is brown very stony sandy loam about 3 inches
thick. The upper 7 inches of the underlying material is very stony sandy
loam. The next 12 inches is extremely stony sandy loam. The lower part to
a depth of 60 inches is extremely stony loamy coarse sand. The soil is
clacareous throughout the profile.
Permeability of the Southace soil is moderately rapid. Available water
capacity is low. Effective rooting depth is 15 to 25 inches. Runoff is
medium, and the hazard of water erosion is moderate to high.
This unit is used mainly for rangeland. It is also used for wildlife
habitat.
Both of these soils are excellent sources of sand, gravel, and crushed
rock and are utilized as such in quarry operations.
The potential plant community on the Dahlquist soil is mainly western
wheatgrass, bluebunch wheatgrass, prairie junegrass, true mountainmahogany,
and big sagebrush. Other less numerous plants that characterize this site
are antelope bitterbrush, Utah serviceberry, Indian ricegrass, and Douglas
rabbitbrush. The average annual production of air-dry vegetation is about
900 pounds per acre. If the range condition deteriorates, big sagebrush,
Douglas rabbitbrush, and cheatgrass increase.
The potential plant community on the Southace soil is mainly bluebunch
wheatgrass, western wheatgrass, Indian ricegrass, big sagebrush, and Utah
serviceberry. Other less numerous plants that characterize this site are
bottlebrush squirreltail, fringed sagebrush, scattered pinyon pine, and Utah
juniper. The average annual production of air-dry vegetation is about 600
pounds per acre. If the range condition deteriorates, big sagebrush,
fringed sagebrush, cheatgrass, and broom snakeweed increase.
• •
The suitability of this unit for rangeland seeding is poor. Mechanical
treatment is not practical, because the surface is stony and the slopes are
steep. Slope limits access by livestock and results in overgrazing of the
less sloping areas. Management practices suitable for use on this unit are
proper range use, deferred grazing, rotation grazing, and aerial spraying
for brush management. This unit is limited for livestock watering ponds and
other water impoundments because of the seepage potential.
This map unit is poorly suited to homesite development. The main
limitations are steep slopes.
This map unit is in capability subclass VIIe, nonirrigated. The
Dahlquist soil is in Loamy Slopes Range site and the Southace soil is in
Stony Foothills range site.
7/82
13—Atencio-Azeltine complex, 3 to 6 percent slopes. This map unit
is on alluvial fans and terraces. The native vegetation is mainly grasses
and shrubs. Elevation is 5,900 to 6,500 feet. The average annual
precipitation is 15 to 18 inches, the average annual air temperature is 44
to 46 degrees F, and the average frost -free period is 105 to 120 days. This
unit is 60 percent Atencio sandy loam and 30 percent Azeltine gravelly
sandy loam. The components of this unit are so intricately intermingled
that it was not practical to map them separately at the scale used.
Included in this unit are small areas of soils that are similar to the
Atencio and Azeltine but have finer texture. Also included are small areas
of gravel bars. Included areas make up about 10 percent of the total
acreage.
The Atencio soil is deep and well drained. It formed in alluvium
derived dominanty from sandstone and shale. Typically, the surface layer is
reddish gray sandy loam 6 inches thick. The next layer is sandy loam 4
inches thick. The subsoil is sandy clay loam 10 inches thick over gravelly
sandy loam 4 inches thick. The upper 6 inches of the substratum is gravelly
sandy loam. The lower part to a depth of 60 inches is very gravelly sand.
The soil is noncalcareous to a depth of 20 inches and calcareous below that
depth. In some areas the surface layer is gravelly or cobbly.
Permeability of the Atencio soil is moderate to a depth of 30 inches
and rapid below this depth. Available water capacity is low. Effective
rooting depth is 60 inches or more. Runoff is slow, and the hazard of water
erosion is slight.
• •
The Azeltine soil is deep and well drained. It formed in alluvium der-
ived dominantly from sandstone and shale. Typically, the surface layer red-
dish gray gravelly sandy loam 9 inches thick. The upper 7 inches of the
underlying material is gravelly loam. The lower part to a depth of 60
inches is sand and gravel. The soil is calcareous throughout the profile.
In some areas the surface layer is cobbly loam or sandy loam.
Permeability of the Azeltine soil is rapid. Available water capacity
is low. Effective rooting depth is 60 inches or more. Runoff is slow, and
the hazard of water erosion is slight.
This unit is used mainly for irrigated hay and pasture. It is also
used for cropland urban development, wildlife habitat, and rangeland.
If this unit is used for hay and pasture, the main limitations are low
available water capacity and small stones. Grasses and legumes grow well if
adequate fertilizer is used. Using management that maintains optimum vigor
and quality of forage plants is a good practice. Because these soils are
droughty, applications of irrigation water should be light and frequent.
Irrigation water can be applied by the corrugation, sprinkler, and flooding
methods. If properly managed, this unit can produce 4 tons of irrigated
grass hay per acre.
This unit is moderately well suited to irrigated crops. If furrow or
corrugation irrigation systems are used, runs should be on the contour or
across the slope. If properly managed, this unit can produce 70 bushels of
barely per acre.
• •
The potential plant community on this unit is mainly western
wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas
rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush
squirreltail are also present in the potential plant community. The average
annual production of air-dry vegetation is about 800 pounds per acre.
Management practices suitable for use on this unit are proper grazing use
and a planned grazing system. If the range vegetation is seriously
deteriorated, seeding is needed. The main limitations for seeding are
cobbles and stones. For successful seeding, prepare a seedbed and drill the
seed. Brush mangement improves deteriorated areas of range that are
producing more woody shrubs than were present in the potential plant
community.
If this unit is used for homesite development, the main limitation is
small stones. Population growth has resulted in increased construction of
homes on this unit. Topsoil can be stockpiled and used to reclaim areas
disurbed during construction. Removal of gravel and cobles in disturbed
areas is needed for best results when landscaping, particulary in areas used
for lawns. If the density of housing is moderate to high, community sewage
systems are needed to prevent contamination of water supplies as a result of
seepage from onsite sewage disposal systems.
The map unit is in capability subclass IVe, irrigated, and VIe,
nonirrigated. It is in Rolling Loam range site.
7/82
6—Almy loam, 1 to 12 percent slopes. This deep, well drained soil
is on fans and uplands. It formed in alluvium derived dominantly from
calcareous redbed sandstone and shale. Elevation is 6,000 to 7,800 feet.
The average annual precipitation is 12 to 14 inches, the average annual air
temperature is 42 to 46 degrees F, and the average frost -free period is 70
to 100 days.
Typically, the surface layer is reddish brown loam 8 inches thick. The
upper 3 inches of the subsoil is fine sandy loam. The lower 15 inches is
sandy clay loam. The substratum to a depth of 60 inches or more is fine
sandy loam. The soil is noncalcareous to a depth of 10 to 15 inches and
calcareous below that depth.
Included in this unit are small areas of Empedrado soils. Included
areas make up about 20 percent of the total acreage.
Permeability of the Almy soil is moderate. Available water capacity is
high. Effective rooting depth is 60 inches or more. Runoff is medium, and
the hazard of water erosion is moderate.
This unit is used for rangeland and hayland.
The potential plant community on this unit is mainly bluebunch
wheatgrass, Indian ricegrass, bottlebrush squirreltail, Douglas rabbitbrush
and Wyoming big sagebrush. Prairie junegrass, needleandthread, and Sandberg
bluegrass are also present in the potential plant community. The average
annual production of air-dry vegetation is about 950 pounds per acre. If
the range condition deteriorates, Wyoming big sagebrush, Douglas
rabbitbrush, cheatgrass and annual weeds increase.
• •
The suitability of this unit for rangeland seeding is high. Loss of the
surface layer results in a severe decrease in productivity and in the
potential of the soil to produce plants suitable for grazing.
This unit is well suited to hay and pasture. It has few limitations.
Grasses and legumes grow well if adequate fertilizer is used. If properly
managed, this unit can produce 5 tons of irrigated grass hay per acre.
This map unit is well suited to homesite development.
The map unit is in capability subclass IVe, irrigated, and IVe,
nonirrigated. It is in Rolling Loam range site.
• 1
7/82
68--Jodero loam, 1 to 12 percent slopes. This deep, well drained
soil is on alluvial valley floors in valleys and depressions. It formed in
alluvium derived dominantly from basic andesite, sandstone and shale.
Elevation is 5,700 to 7,500 feet. The average annual precipitation is 14 to
17 inches, the average annual air temperature is 40 to 44 degrees F, and the
average frost -free period is 80 to 95 days.
Typically, the surface layer is dark grayish brown loam 15 inches
thick. The upper 17 inches of the underlying material is silt loam. The
lower part to a depth of 48 inches is loam.
Included in this unit are small areas of Yeljack, Callings and Southace
soils. Included areas make up about 15 percent of the total acreage.
Permeability of the Jodero soil is moderate. Available water capacity
is moderate. Effective rooting depth is 40 to 60 inches. Runoff is slow to
medium, and the hazard of water erosion is slight to very high on the
steeper slopes.
This unit is used for hayland and pastureland.
This unit is well suited to hay and pasture. If properly managed, this
unit can produce 2 tons of irrigated grass hay per acre.
If this unit is used for homesite development, the main limitations are
moderate frost action and slope on the steeper areas. Buildings and roads
should be designed to offset the limited ability of the soils in this unit
to support a load. If the density of housing is moderate to high,
community sewage systems are needed to prevent contamination of water
supplies as a result of seepage from onsite sewage disposal systems.
The map unit is in capability units IVe, irrigated, and IVe,
nonirrigated. It is in Mountain Swale range site.
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STATE OF COLORADO - Dr TST;3N 07 WATER RESOURCES
YIELD TNOPsCTTON 12EPo1:1'
_ ERSCil CONTACTED:
_; ame n/C4. /
-.ddress .2 5 2. /67 X
ity`-t^/
grmo
- :one No: nome
99-s--
Office
9
Office
Owner "Tenant
LOCA T ION :
Coufi.ty
Other
PURPOSE 07 = ISPECTTON:
Late registration
abandoned old Well
Replacement Construction
Complaint Ct nen
Nature of Complaint
/Vw 1 /1., S� 1/11, Section / Township 7s
Range Wit) , Z?0'0 feet from * S) and LC- feet from (E4) Section lire.
Filing Curre.t Use of Property
SOURCE OF WATER IF NOT BY SUBJECT WELL:
Reit No., Use of Water
Well Seal Grout G�
Meter/'��
Pump mp size and type 3/� i/ f7 �t�s
Distance from source of pollution y/70/ feet, tyre
Q sERyATION: 14,-e-612 /741L'- .6a&/9�o.a
9 e Ld°t-v----6-="2---
A-02)4Q -
Title
(Use 'a_k of this for for additional space for comments)
Date // /3 - �S
• •
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P. 0. Box 697
Glenwood Springs, Colorado 81602
November 13, 1985
Colorado Division of Water Resources
818 Centennial Bldg.
1313 Sherman St.
Denver, CO 80203
RE: Terliamis Well
Dear Sir:
Telephone 945-7474
Area Code 303
Enclosed for filing is original and one copy of Statement of Beneficial Use
of Ground Water and Late Registration for the above referenced well, together
with check payable to Colorado Division of Water Resources in the amount of
$5.00 for the filing fee.
Since-ely,
Charles M. Stoddard
Attorney for Nick Terliamis
CMS:gw
enclosure
cc: Nick Terliamis
TYPE OR
RINT IN BLACK INK
COPY OF ACCEPTED
STATEMENT MAILED
ON REQUEST
THE AF FIANT(S)
whose moiling
address is
COLORAIPO DIVISION OF WATER RES •
OURCES
818 Centennial Bldg., 1313 Sherman St.
Denver, Colorado 80203
STATE OF COLORADO
COUNTY OF GARFIELD
SS.
AFFIDAVIT
X STATEMENT OF BENEFICIAL USE OF GROUND WATER
AMENDMENT OF EXISTING RECORD
X LATE REGISTRATION
Nick Terliamis
PERMIT NUMBER
c/o Charles M. Stoddard
P. 0. Box 697
City Glenwood Springs, CO 81601
Twp. 7 S Rn9 89 W 6th P M,
is'•Trr
'n
tl1e is oN OR Si of CP r.r
,eing duly sworn upon oath, deposes and says that 4-* 1:4} 4..ci.:N.r the owner( s) of the well described hereon, the well is
LOCATION OF WELL
coun,y _ Garfield
NW y, or ,he SE
Serr.or, 1
located as described obove, a1 distonces of
2200
feet from the south section line and 1550 feet from the
ir.o•,« o«
Easto« W1.511section line; water from this well was first applied too beneficial use for the purpose(s) described herein on theist
day of September , 1969 ; the maximum sustained pumping rote of the well is 15 gallons per minute, the pumping
rote claimed hereby is _ 15 gallons per minute; the total depth of the well is 72
of woter to be diverted is 1.5
irrigation and fire
protection & toilet in shop
for excavating business
same as above
feet; the overage annual omount
ocre-feet; for which claim is hereby mode for domestic, stock, lawn and garden
purpose(s); the legal description of the and on which the water from this well is used is
of which
1 acres ore irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in
compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he
(they) has (have) read the states made hereon; knows the content thereof; and that the same are true of his (their) knowledge.
•(COMPLETE REVERSE SIDE OF THIS FORM)
Signature( s)
Subscribed and sworn Q
to before me on this 3 _ day of \E�:
�v-+VS.,J`�1 , 198
11418
11.F,L)
My Commission expir
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
PURSUANT TO THE FOLLOWING CONDITIONS:
[ L T_ r Nr,INE E n
Court Cose No
Pr lOr.
FOR OFFICE USE ONLY
Mo Doy
D�
C,y. —
Sec
wen Use
Dost. _ _ Bosrn Mor, [).y
• •
Well drilled by Shelton Drilling Co.
Lic. No.
Permanent
Pump installed by
owner
Meter Serial No. ❑ Flow Meter Dote Installed
Owner of lond on which
water is being used
Lic. No.
THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE
AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW.
This diagram represents nine (9) sections. Use the CENTER SQUARE
(one section) to indicate the location of the well, if possible.
NORTH
I
- +
l
- +
-}-
I
I
+
1
f
1
- + -
- +
_ +
NORTH
+
SECTION
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LVE
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- 1-- -
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+ —
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u)
'Q + —
w
+ —
1
+ —
SOUTH SECTION LIINIE
+ — + —
}
I
+ —
+
THE
+ —
SCALE OF THE
+
DIAGRAM
-+
1�
IS
-
M
1
TWO INCHES EQUALS
+ -
1
ONE -MILE
+ `'
-!
f
i ie,
WATER EQUIVALENTS TABLE (Rounded Figures)
An ocre-foot covers 1 acre of lond 1 foot deep.
1 cubic foot per second (cfs) . . 449 gallons per minute (gpm).
1 ocre-foot . 43,560 cubic feet .. . 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
100 gpm pumped continuously for one year produces 160 ocre-feet.
(WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER
PINK COPY WILL BE RETURNED TO OWNER)
. •
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P. 0. Box 697
Glenwood Springs, Colorado 81602
Telephone 945-7474
November 14, 1985 Area Code 303
Carbondale Rural Fire Protection District
300 Meadowood
Carbondale, CO 81623
Attn: Chief Ron Leach
RE: Mr. & Mrs. Roy R. Rakich
Dear Chief:
Confirming our telecon this date, my clients Mr. and Mrs. Rakich
are selling a 1.33 acre parcel to Nick Terliamis and R&G Excavating,
Inc. (George and Jim Fields) for a contractor's yard. A legal
description is attached as Exh. A together with a copy of Mountain
Engineering's plat dated Nov. 8, 1985. Access will be off of
old State Hwy. 82 along the 20 ft. access easement as shown
on the enclosed plat.
Also enclosed are copies of part of the assessor's plat and
of the USGS quandrangle showing the location of the land.
As you know, under the County Subdivision Regulations to obtain
exemption we must submit a "letter of approval of fire protection
plan from appropriate fire district". I would greatly appreciate
a letter from you to satisfy such requirement. If you need
other info, please let me know. Many thanks for your help.
Sincerely-,
_f_7Z45c--s7•7
Charles M. Stoddard
Attorney for Mr. & Mrs. Roy R. Rakich
CMS:gw
Enclosure
• •
Charles M. Stoddard
Attorney at Law
812 Pitkin Avenue, P. 0. Box 697
Glenwood Springs, Colorado 81602
Telephone 945-7474
November 20, 1985 Area Code 303
Board of County Commissioners
Garfield County
P. O. Box 640
Glenwood Springs, CO 81602
RE: Rakich exemption request
Gentlemen:
Pursuant to Sec. 8:00, et seq. of the Garfield County Subdivision
Regulations, on behalf of Roy R. Rakich and Martha A. Rakich,
I submit in duplicate Petition for Exemption. In compliance with
of the submittal requirements, I submit in duplicate the following:
A. Two copies of "Final Plat Rakich Exemption" showing the legal
description of a 4.48 acre 2a cel of land which the Rakichs
now own and a 1.33 acre/pwhiic� they have contracted to sell
to Nick Terliamis and R & G Excavating, Inc., including
a 20 ft. access easement to the property from State Hwy.
82. What is described as a 15 ft. access easement on the
southerly boundary of the 1.33 acre parcel is not in fact
an access easement, but an irrigation ditch easement.
A-1 A legal description dated Nov. 13, 1985 by Mountain Engineering
Land Surveying Co. of the 1.33 acres together with description
of said 20 ft. road easement and the 15 ft. irrigation
ditch easement.
B. Vacinity map in the form of a part of the USGS Cattle Creek
quadrangle showing the general topographic and geographic
relation of the proposed exemption to the surrounding area
within 2 miles thereof.
C. Copy of deed dated Feb. 1, 1982, from Roy R. Rakich and
Doris Rakich to Roy R. Rakich and Martha A. Rakich covering
said 4.48 acres.
D. A list of the names and addresses of owners of record of
land immediately adjoining and within 200' of the proposed
exemption, mineral owners and lessees of mineral owners
of record of the property to be exempted. There are no tenants
of any structure proposed for conversion.
E. A letter dated Nov. 14, 1985, from the undersigned to the
USASCS and the information furnished in response thereto,
being evidence of the soil types and characteristics of
Board of County Commissioners
Page two
November 20, 1985
each type in the area of the proposed exemption.
F. Nick and Bonnie Terliamis own parcel 057 immediately south
and adjacent to parcel 101 owned by Roy and Martha Rakich
as shown on assessor plat 23950-1 attached hereto. According
to field inspection report dated Nov. 13, 1985, by Alvin
L. Cerise, water commissioner on wells, copy attached, a
well was drilled on the Terliamis tract in the late 60's
and used for the purposes therein specified. Also submitted
herewith is letter dated Nov. 13, 1985, from the undersigned
to the Colo. Division of Water Resources enclosing copy of
Statement of Beneficial Use of Ground Water and late registration
for the above referred to well. Terliamis proposes that
water from such well be used to the extent necessary, which
will be quite minimal, on the parcel proposed for exemption,
which Terliamis and R & G propose to use for a contractor's.
yard. Said purchasers propose to install an individual sewage
disposal system on the parcel. Attached is a letter dated Nov. 14
from the undersigned to the Carbondale Rural Fire Protection
District. No response has been received to date. When received,
it will be submitted.
G. No connection to a community or municipal water sewer system
is proposed.
H. Exemption is being requested so the parcel of land can be
sold to Terliamis and R & G Excavating Inc. for use as a
contractor's yard.
I. By warranty deed dated Aug. 17, 1970, recorded Aug. 20, 1970
in Book 412 at page 381, Tony Rakich conveyed to Roy R. Rakich
and Doris Rakich a parcel of land containing 4.622 acres
which included all the 4.48 acres now owed by Rakich and
that parcel marked on the Rakich exemption plat as the B.J.
Akins property, which Rakich conveyed to Akins who owned
the adjacent parcel to the northeast in exchange for the
parcel extending to Hwy. 82 so that Rakich could and did obtain access
to the highway from his property.
J. Check in the amount of $100 for the filing fee payable to
the Garfield County Treasurer is submitted herewith.
If there is other info needed, please advise. Thank you for
your consideration.
Charles M. todda
Attorney for Roy R. Rakich and Martha A. Rakich
CMS:gw
Enclosures
cc: M/Mrs. Roy Rakich; R & G Excavating; Nick Terliamis
EXEMPTION
APPLICABILITY
The Board of county commissioners has the discretionary power to exempt z
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that sue
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Boar(
shall make exemption decisions in accordance with the requirements o:
these regulations. Following a review of the individual facts of eac
application in light of the requirements of these Regulations, the Boar
may approve, conditionally approve or deny an exemption. An applicatio.
for exemption must satisfy, at a minimum, all of the review criteri
listed below. Compliance with the review criteria, however, does no
ensure exemption. The Board also may consider additonal factors listed i
Section 8:60 of the Subdivision 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 i
the records of the Garfield County Clerk and Recorder's Office o
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 publi
right-of-way (State or Federal highway, County road or railroad) •
natural feature, preventing joint use of the proposed tracts, and t
division occurs along the public right-of-way or natural feature, su
parcels thereby created may, at the discretion of the Board, not
considered to have been created by exemption with regard to the fo
(4) lot, parcel, interest or dwelling unit limitation otherwi-
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way a
any necessary access easements have been obtained or are in t
process of being obtained; and
D. Provision has been made for an adequate source of water in terms
both the legal and physical quality, quantity and dependability, and
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safety requirements ha
been met or are in the process of being met; and
Provision has been made for any required road or storm draina
imar ov.em.ents; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have be
obtained or are in the process of being obtained; and
I School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
•
PROCEDURES
•
A request for exemption shall be submitted to the Board on for
provided by the Garfield County Department of Development/Planni
Division. Two (2) copies of the application, maps and supplement
information shall be submitted.
B. The Planning Division shall review the exemption request f
completeness within eight (8) days of submittal. If incomplete, t
application shall be withdrawn from consideration and the applica
notified of the additional information needed. If the application
complete, the applicant shall be notified in writing of the time a
place of the Board of County Commissioners meeting at which
request shall be considered. In either case, notification shall oc•
ithin fifteen (15) days of submittal.
ertifie
otice of the public meeting shall
mailed
landcimmediatelyladjoining
turn
receipt requested, to owners of recordto mineral owners and
and �..'ithin 200 feet of the proposed exemption,
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemticn site shall be posted clearly and conspicuously,visib1
from a public right-of-way with notice signs provided by the Planninc
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shalt
be responsible for mailing the notices and shall present proof o:
railing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shal
approve, conditionally approve or deny the exemption request. Th
reasons for denial or any conditions of approval shall be set forth i
the minutes of the meeting or in a written resolution. An applican
denied exemption shall follow the subdivision procedure in thes
Reculations.
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FEB 18 1982
r W 593 P.GE 47
l71.cord .-..--. ._e., of A. D. U_—.''ebeL
N..--- 32 2s,7.- .cunl,eR
pII
Z1ji5�+ De b, Made this 1St
day of February in the year of ouyf.ord
one thousand nine hundred and eighty—two between h
ROY R. RAKICfl and DORIS RAKICH °,hitatle au((n``onnef ticut
of the County of Garfield and State of Colorado, of the first part, and
ROY R. RAKICH and MARTHA A. RAKICH
of the County of Garfield and State of Colorado, of the second part; $
Witneaaeth, That the said part ies of the first part, for and in consideration of the sum of 1'
One Dollar and other good and valuable consideration yxx=xx.
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 remised, released, sold and quit -claimed, and by these presents do
remise, release, sell and quit -claim, unto the said parties of the second part, not in tenancy in common but in joint
tenancy, the survivor of them, their assigns and the heirs and a aign.s of such survivors forever, all the following 'I
GAR:: 'LD
described lot Sor parcel sf land, situate, lying and being in the County of
State of Colorado, to -wit:
Garfield and
A tract of land situate in Lot 9 and Lot 18 of Section 1,
Township 7 South, Range 89 West of the 6th Principal Meridian, more
articularly described as follows:
Commencing at a point in said Lot 18 whence an iron post with
brass cap found in place and properly marked for the northeast corner
of said Lot 18 being the same as the southeast corner of said Lot 9 bears
40° 19' Op" E. a distance of 396.50 feet; thence N 87° 47' W a distance
f 36.12f b the true point of beginning; thence continuing N 87° 47' W
distance of 478.36 feet; thence N 18° 17" W a distance of 448.84 feet;
hence N 03° 09' E a distance of 106.75 feet; thence S. 89° 01' E. a
distance of 48.04 feet; thence N. 70° 26' E a distance of 73.46 feet; i
thence S 40° 17' E. a distance of 161.43 feet; thence N. 50° 15' E. a :1
distance of 70.00 feet; thence N. 52° 31' E. a distance of 150.00 feet,
tb a point on the southwesterly right—of—way line of olci State Highway
No. 82; thence along said southwesterly right—of—way line S. 53° 23' E:
aj distance of 51.99 feet; thence leaving said right—of—way line 5. 52',i
1' W. a distance of 192.86 feet; thence S. 36° 50' E. a distance of 11
49.72 feet to the true point of beginning, containing 4.48 acres more
car. less. _ .- .
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 the
said part ies of the first part, either in law or equity, to the only proper use, benefit and behoof of the said parties
of the second part, the survivors of them, their assigns and the heirs and assigns of said survivors forever.
In Witness Whereof, The said part ies of the first part ha ve hereunto set t eir hands and seal S
the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO.
County of Garfield
I, Martin G. Dumont
Garfield County, in the State aforesaid, do hereby certify that
ROY R. RAKICH
who is personally known to me to be the person whose name
subscribed to the foregoing Deed, appeared before me this day in person, and acknowledged that signed,
scaled and delivered the said instrument of writing as his free and voluntary act, for-tVier{3Dd iui'hoses
thereln set forth. :'' �� 0{v �.... ,•-� ,� .
Given under my hand anryd' seal, dila 1st day of February
My commission expires Wi-I s51, l4 ( kLl , A. at
Martin G. Dumont I Gy Notary Putdie;' '•!
P. 0. Box 188 Glenwood ?.. 4?zatbr, '(_O0•B1602
}BB.
a Notary Public in and for said
FORM 31e3 QUIT -CLAIM DEED TO JOINT TENANTS CENTER PRINTING CO. COLO. 5PG5. CD.
1
STATE OF
=
2
•
M
a
) si.
• County of ^a/i_.,4„1...0
and for saidrui.-h4...-a_ County, in the
that DORIS RAKICH who is personally known
name is subscribed to the foregoing Deed,
uit Claim Deed
TO JOINT 'TENANTS
593 PGE IS
z
2
a Notary Public in
State aforesaid, do hereby certify
to me to be the person whose
appeared before me this day
in person, and acknowledged that she signed, and delivered the said
instrument of writing as her free and voluntary act, for the uses and
purpcses set forth.
Given under my hand and seal
My commission expires:
, ::•
01, •—
this day of February, A.D. 1982.
My Commission Expires March 31, 1982
/3
........ 4'0'
, .
•.; Public
Address: jr Avii°t1
•
4
• .
•
•
i. . . • i •
• •
•EXHIBIT D
A LIST OF THE NAMES AND ADDRESSES OF OWNERS OF RECORD OF LAND
IMMEDIATELY ADJOINING AND WITHIN 200 FT. OF THE PROPOSED EXEMPTION,
MINERAL OWNERS AND LESSEES OF MINERAL OWNERS OF RECORD OF THE
PROPERTY TO BE EXEMPTED FOR RAKICH EXEMPTION PETITION.
1. Charles G. & Patricia S. Warden
0125 167 Rd., Glenwood
2. Cheryl Lyn Tassos
0183 167 Rd., Glenwood
3. Myles J. & Virginia Holub
0255 Co. Rd. 167, Glenwood
4. Nicholas L. & Bonnie Terliamis
0252 167 Rd., Glenwood
5. Paul & Arrie Mae Shaw
P. 0. Box 1193, Glenwood
6. B.J. & Zilli Akins
Attn: Mobil Oil Indonesia, Inc.
P. O. Box 66
Salan Kayu
Singapore, Republic of Singapore
7. Delores A. Stowe
P. 0. Box 1581, Glenwood
8. Walter A. & Delores A. Stowe
P. O. Box 1581, Glenwood
9. Mary Arlene Brown
0085 167 Rd., Glenwood
10. Golden Buff Enterprises
P. O. Box 2104, Glenwood
11. Roy A. & Martha Rakich
P. O. Box 444,Glenwood