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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. T % x'j 74., 7ov 41, • • �.5•..P' -I X1OD 8E (0$I X110. 575 -et XiyD Sod, 4 ._ .•x14E 90G 1bE. %(tC IzS - l6D b 11G 24j- . 1 17D 62 0 2oF 625 ; Z2F •i. :N2.8:4::;° ' • ^ ; 2I&-36 .72:00-062 c a / 22.„) • •• U/F 1., 1 71 0 1 G vr tp. yr \ \ 7, I: IC N EXHIBIT A • .4 C" .7' 1. ..st. _ / -',. L...— , _. \ .,,,..L!'- \ - \ \ ..p) \-t. , - \ --x- • T C _ — T7 \ 20 25 5 14 --) LdiC4.4.110 2 9 5 1 - - 1 221) iy .e. — -4 \ 6 C 9 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 f - + -- LVE H + -f - - 1-- - i 1 + rn cn cn rn n w + — J z + r X I — o Z r- rn i----- 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 $200.00 for each new lot created). • PROCEDURES • A request for exemption shall be submitted to the Board on for provided by the Garfield County Department of Development/Planni Division. Two (2) copies of the application, maps and supplement information shall be submitted. B. The Planning Division shall review the exemption request f completeness within eight (8) days of submittal. If incomplete, t application shall be withdrawn from consideration and the applica notified of the additional information needed. If the application complete, the applicant shall be notified in writing of the time a place of the Board of County Commissioners meeting at which request shall be considered. In either case, notification shall oc• ithin fifteen (15) days of submittal. ertifie otice of the public meeting shall mailed landcimmediatelyladjoining turn receipt requested, to owners of recordto mineral owners and and �..'ithin 200 feet of the proposed exemption, lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemticn site shall be posted clearly and conspicuously,visib1 from a public right-of-way with notice signs provided by the Planninc Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shalt be responsible for mailing the notices and shall present proof o: railing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shal approve, conditionally approve or deny the exemption request. Th reasons for denial or any conditions of approval shall be set forth i the minutes of the meeting or in a written resolution. An applican denied exemption shall follow the subdivision procedure in thes Reculations. 93r p xn Ir 4 1 1/ 7000 .1,1P 2 25 VD. 30 23 36 1-1 O J • -7/ I L ir • 32, 1 • -t m -�, 6��oIliG it L 01 O o -- 0 67/3 r. 11 6470 �l 0664 'GT,7.$ • cis)? I, 0 ,m0 14 23 4 '1 18 i 6400 13 0 0 c O O 0 0 7 � � I l { l .o 3l� O I 1 1 1 1 1 1 • c 0 20 1 4373 4372 '371 4370 27'30" - • • • • 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