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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under- signed Richard J. Murr respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 39.62± acre tract of land into 3 tracts of approximately 13 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) The NE4SE4 of Sec. 6, Tp. 6 South, Range 92 West of the 6th P.M., less that portion des. as: Beginning at a point whence the SE corner of Sec. 6 bears S. 00°25'46" E. 1417.18 feet; thence S. 00°09'51" W. 107.13 ft. to the SE corner of said NE4SE4; thence S. 88°57'55" W. along the south boundary of 4 4 o e ran. River Ditch; thence N. 00033'35" W. 75 ft. along said ditch; thence leaving said ditch N. 67007'16" E. 36.75 ft.; thence N. 88° 5%'55" E. 981.89 feet more or less to point of beginning. from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: I desire to divide this parcel of land so as to sell the smaller parcels of land for home building in an effort to provide the land in size that would make desireable ranchettes and in sizes that the working man in Garfield County can afford to purchase and construct a home thereon that would contribute to the overall desireability of the entire community. In support of this petition the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access. (b) Vicinity Map. (c) Statement on source of domestic water. (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tract. (f) Fee in the amount of $ 90.00 Submitted at Glenwood Springs, Colorado, this 9thday of August , 19 78 Richard J. Murr Petitioner 37659 U.S. Hiway 6 & 24 Mailing Address New Castle, Colo. 81647 984-2212 Telephone Number • PETITION FOR EXEMPTION STATEMENT ON SOURCE OF DOMESTIC WATER. The domestic water to be acquired by drilling wells on each tract that is subdivided from the entire tract. Existing wells in the area are less than 100 feet in depth and each one known by the applicant produces a more than adequate amount of potable water. STATEMENT ON METHOD OF SEWAGE DISPOSAL. The sewage is to be disposed of by use of a septic tank and leaching field on each individual tracts. Similar systems have been installed and approved in the area on like type soils. 100 YEAR FLOODPLAIN. This property does not have any live streams crossing or adjoining the property. V;c in%7sy M4(0 Sierib Ti' C' S, /CA ry e 1,-'. ' f f4 4.0 .r'1,�. t., S - 300 Pr. 9• } s y. /,.9/'!. r 11. TS4 ' n A p 4' :34' — '. _r 1-f, •f e.�. • } Pe0,03 g bd, 300 c")); ty- BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 78 - WHEREAS, Richard J. Murr has petitioned the Board of County Commissioners of Garfield County, Colorado for an exemption from the definition of the terms "subdivision" and "subdivided land" under C. R. S. 1973, 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division of a 39.62 acre tract into three (3) tracts of approximately 13 acres each, more or less, and said 39.62 acre tract is more particularly described as follows: The NEkSEk of Section 6, Township 6 South, Range 92 West of the Sixth Principal Meridian, less lat portion described as: Beginning at a point whence the SE corner of Section 6 bears S. 00°2'46" E. 1417.18 feet; thence S. 00009'51" W. 107.13 feet to the SE corner of said NESE 4; thence S. 88°57'55" W. along the south boundary of NEkSE1/4 to Grand River Ditch; thence N. 67°07'16" E. 36.75 feet; thence N. 88°57'55" E. 981.89 feet more or lees to point of beginning. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of re -sale of said thirteen (13) acre tracts into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks on said of said tracts will be permitted by the Colorado Department of Health, that the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C. R. S. 1973 , 30 -28 -101(10)(a) -(d) as amended; NOW, THEREFORE, upon the motion of Richard C. Jolley, seconded by Flaven J. Cerise and carried, said 39.62 acre tract of land is hereby exempted from such definitions and said tract may be divided into three (3) tracts of thirteen (13) acres each, more or less, all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the subdivision statutes and regulations; provided, however, that said exemption is conditioned on the Petitioner obtaining a proper legal • • description of said tracts prior to any conveyance thereof. Further, this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said thirteen (13) acre tracts. A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 18th day of September, A.D. 1978. Attest: Deputy Clerk of the Board of County Commissioners Garfield County, Colorado - 2 - THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Larry Velasquez, Chairman • • 32 Proceedings of the Board of County Commissioners, Garfield County, Colo., SEPTEMBER , 19 78 land the county presently owns. He presented a resolution accepting the gift of land from Rifle Land Associates. Mr. Cerise moved that Resolution #78-94 be adopted. Seconded by Mr. Jolley and carried unanimously. RESOLUTION No. 78-94 WHEREAS, by Quitclaim Deed dated May 22, 1978, and recorded in Book 512 at Page 993 of the Garfield County records, Rifle Land Associates, Ltd., a Colorado Limited Partnership, conveyed and quitclaimed to the Board of County Commissioners of Garfield County, Colorado, as a gift, all of its right, title and interest in and to certain real property situated in the County of Garfield And State of Colorado, (which property is more particularly described in Exhibit "A" attached to said deed), subject to certain terms, conditions and agreements set forth therein; and WHEREAS, such property consists of 259 acres, more or less, adjacent to the present Garfield County airport and is necessary for the phased expansion of the airport as proposed in the airport master plan previously approved by the Board of County Commissioners of Garfield County, Colorado; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the aforesaid gift of land be accepted as a donation to the County under the terms and conditions set forth in the aforesaid deed. ADOPTED this 18th day of September, 1978. BOARD OF COUNTY COMMISSIONERS OF ATTEST: GARFIELD COUNTY, COLORADO B9 Depu y Co ty'Clerk Chairman Mr. Johnson told the Commissioners that the BLM required proof of construction of the Lookout Mountain television facilities, which are located on BLM land. He has drafted such a document and Neil Van Gaalen has signed the technical part of it and the Chairman also needs to sign it. Mr. Cerise moved that the Chairman be authorized to sign this statement. Mr. Jolley seconded the motion and it carried unanimously. Navy Lt. Mike Fosdick and H. N. Aronson of TWR Corporation appeared before the board to inform them of the Department of Energy's plans for the oil shale lands at the Paraho site. Lt. Fosdick explained that the Naval Oil Shale holdings were turned over to the DOE in October, 1977. Paraho has fulfilled their contractural obligations and will likely be shutting down soon unless congressional action is taken. They are planning to do assessment work and there will be no construction or development. They anticipate little impact on the area. The men said they will be happy to answer any questions that might arise. Mr. Jolley left for a dental appointment. Stephanie Andreasen again present. Rex Coffman appeared on behalf of John Huebinger, who is requesting exemption from SB -35 on a parcel at the old Sharp place. Due to a survey error they found that the parcel was 34.6 acres rather than 35 and they are asking to be allowed to sell this. Mr. Cerise moved that the request be approved. Mr. Velasquez stepped down as Chairman to second. Carried. Resolution #78-95. Gary Shultz and Don Sillivan requested a subdivision exemption on a 76 -acre parcel that Mr. Shultz has a contract on. This is west of Apple Tree Park. Mr. Shultz wants to buy the land and divide it into 28, 28, 10 and 10 acre parcels and give three parcels to his children. He said he has no intention of selling it at this time, that this is not a speculative venture. Ms. Andreasen said the only problem is the number of splits involved, and she noted that the request is not in Mr. Shultz' name. Mr. Cerise moved that the exemption request be approved, subject to Mr. Shultz acquiring deed to the land, and that no further splits be allowed on these parcels. Seconded by Mr. Velasquez, who stepped down as chairman. Carried. Resolution #78-96 Meeting recessed for lunch. Reconvened at 1:00 p.m. Mr. Jolley again present. A meeting was held with LeonardBowlby and Ray Baldwin and Al Pezoldt concerning right of way on the Donegan Road. Mr. Pezoldt is a property owner there. Mr. Baldwin feels 15 feet is needed to widen the road and another 50 feet to grade the hill to increase visibility. Mr. Pezoldt is agreeable to this, but said that much land would decrease the uses of his land. He is considering putting in a couple of duplexes or a mini -storage warehouse. The question of zoning arose and it was decided that Mr. Pezoldt should talk to the planning office before negotiations were begun. Mr. Pezoldt said he is willing to donate the land to the county because it would be an improvement of his land. Mr. Cerise moved that the minutes of the meeting of 9/5/78 be approved. Seconded by Mr. Jolley and carried unanimously. Mr. and Mrs. Earl Patten appeared before the Board in regard to Resolution 77-115 for a subdivision exemption they acquired last year. There was a stipulation on that exemption that they must get a building permit and septic tank permit on a partially built house on their land by April and they failed to do so. They now have a buyer for the property. Stephanie Andreasen said the old resolution is now null and void since they did not comply with the condition and she feels they should have to fill out the papers again and pay the fee. Mr. Cerise moved that a new resolution be drafted granting the exemption contingent upon the purchaser obtaining the building and septic tank permits, and that the fee be waived. Mr. Jolley seconded the motion and it carried unanimously. Resolution #78-97 Richard Murr requested a subdivision exemption for a 39.62 acre parcel on Miller Lane that he wants to divide into three parcels of approximately 13 acres each. Ms. Andreasen said there are no problems, that there is adequate access and water. Mr. Jolley moved that the exemption request he granted. - Seconded by Mr. Cerise and carried unanimously. Resolution #78-98. 6-27 ..et • l;.7 lis., syr • opt ev� s',e,/e(, 9y f / l iii% �/ f es' Y // %7 /` G t / / D -4- 7" ! 1 L i 1,7 vt /3/ fes'/ U 7G -z -z -Z_. CT/-, - 7/'.7s/ / / !7'.ri7GT' ��. . 0C/,cam' icy 30, / 55 EXEMPTION NAME:(;1Y2c.44 e1C;40.40 PURPOSE OF EXEMPTION: -Z.— / 5 / - 4A4 .� 3 , /G .O O cAr.�4 ) % e ‘ :2t.G . ZONING: A/A/9'QD QUALIFICATION FOR S.B. 35 LOCATION OF SITE: 641 (°4D. , .vit WATER: AY DIV. OF WATER RESOURCES RESPONSE:,4t '$ oWST, C'ra000d,3'o?!0; O fe,--2 SEWER: UJr CHECK LIST: x FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) ,i< MAP showing proposed lots and access }� DEED >S VICINITY MAP AY -016,100 yr floodplain info. X SOIL MAP ,-,/a IF community water, letter of approval from governing body COMMENTS. -0.0.-04,40 ZA:44.4 ,OtA0.-e9 A0,40 '-'°'(AjalC)9')'‘4/2-4/S71-4reL1/ Qd y/M i l�. s `S. 7 1 7 1.0 1,1 1 • v • + C 5 _ ry— 62OO 0 - /1 ! Ga ', L [ -1 J _ L • .5800_� °1 z 1 1,a 0 z 'i1 )1101It II c.",7 ir • i • r Y, /31.5 Acs C- //4�t e"O 44) 3 7 W c / / / in 4)U aN 11 • O. , 3 Yana s U M r kr) -- - -Z N- - m t) g q s aC \ n ....Z# O (1; `L. \� / / / / b °e 2 • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under- signed nder-signed Richard J. Murr respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 151 acre tract of & one 6 acre tract land into 3 tracts of approximately two 2 acre tracts / acres Mtn, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) See copy of deed attached. 1. Original deed dated March, 1976 2. Correction deed dated November, 1979 from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: The petitioner owns the 151 acre tract of land that lies to the North edge of Peach Valley and runs back onto the hill with a mesa. Have been raising dryland wheat and the parcels requested for division are either unusable or are such small tracts with trees and rocks on the land that makes it difficult for the large machinery to efficiently work the land. The 3 parcels requested to be divided from the large parcel are tracts that are isolated from the large fields by natural barriers. They will make good home sites, but due to the isolation, don't blend in with the remaining land for agricultural purposes. In support of this petition the petitioner also submits the following: x (a) Map drawn to scale showing proposed lot subdivision and access. x (b) Vicinity Map. x (c) Statement on source of domestic water. x (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tract. x (f) Fee in the amount of $ � Submitted at Glenwood Springs, Colorado, this 4;24 day of August ;.AmAt1) titioner , 1980. 37659 U.S. Highway 6 Mailing Address New Castle, Colo. 81647 984-2212 Telephone Number STATEMENT REGARDING DOMESTIC WATER I propose that the domestic water to be acquired from wells to be drilled upon the individual parcels. The land is in the Colorado River Basin and other wells in the vicinity give good indication that a well can be drilled and would expect it to deliver water in sufficient flow to serve a single family residence. I would guess that one would have to go at least seventy feet and likely up to as much as two hundred feet. I would expect the water to be hard, but potable. STATEMENT REGARDING SEWAGE DISPOSAL The land has quite a bit of gravel and larger rock with good drainage with a slope to the south. I cannot foresee any problems in utilizing the conventional septic tank and leaching field. STATEMENT REGARDING FLOOD PLAIN All of the parcels are situated in an area away from large streams and the only chance of flooding would be from a very hard cloud burst and even then with the mountain as protection I cannot see any problem due to the fact that all the parcels are away from the big gulches and low lands. STATEMENT REGARDING ACCESS Parcel "A" is only a short distance from County Road 214 and legal access is assured by an easement for utilities and ingress and egress as stated in the Warranty Deed. (last paragraph) Parcel "B" joins County Road 214. Parcel "C" sits back away from County Road 214, but the owner of the parcel will be assured of an easement for utilities and roadway. A road has been constructed and will be improved from the County Road to the parcel. Utility easement will follow close to the line that the road follows. i Richard/. Mur G19 hells mt s�nle to • • WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that I, CAROLYN ANN CRUTCHFIELD, a single person, whose address is: County of_ '4onongalia and State of West Virginia, in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, hereby sells and conveys to RICHARD J. MURR of the County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to -wit: A parcel of land situated in the NZ of Section 6, Township 6 South, Range 91 West of the 6th P.M., being all of Lot 1, a part of Lot 2, a part of the SNE4i and a part of the SE4NW4 in said-e:i.on 6, lying Southerly of the Northerly line of said Section 6 and Westerly of the Easterly line of said Section 6, said parcel of land is described as follows: Beginning at the Northeast Corner of said Section 6, thence S.00022'07" E. along the Easterly line of said Secticn being the same as the Easterly lines of Lot 1 and the SE4NE4f 2644.90 feet, more or less to a point on the Northerly right-of-way line of County Road No. 2.14; thence S. 64°03'00" W. along the Northerly right- of-way line of said road, 293.58 feet to a point on the Southerly line of said SE4NE4 whence the East nuarter Corner of said Section 6 beers N. 88°40'49" E. 264.84 feet; thence S. 88°40'49" W. along the Southerly line of said SE4NE4, 3.77 feet to a point on the High Line Ditch; thence along said ditch, the following courses and distances:N. 64°22'00" W. 106.59 feet; thence N. 09°51'00" E. 91.23 feet; thence N. 07°04'00" W. 86.45 feet; thence N. 21°24'00" W. 39.'5 feet; thence S. 49°21'00" W. 89.39 feet; thence S. 81°39'00" W. 51.76 feet; thence S. 21°21'00" W. 78.70 feet; thence N. 37°32'00" W. 209.00 feet; thence N. 55°00'00" W. 156.90 feet; thence N. 35°09'00" W. 67.92 feet; thence N. 01°45'00" E. 33.02 feet; thence N. 17°35'00" E. 133.04 feet; thence N. 13°07'00" E. 30.50 feet; thence S. 89°42'00" W. 101.65 feet; thence S. 57°07'00" W. 85.44 feet; thence S. 13°09'00" W. 56.85 feet; thence S. 16°38'0091 W. 133.53 feet; thence S. 24°51'00" E. 214.35 feet; thence S. 41°28'00" E. 127.34 feet; thence S. 35°24'00" E. 135.93 feet, more or less to a point on the Southerly line of said SE4NE4; thence leaving said ditch S. 88° 40'49" W. 702.14 feet along the Southerly line of the NEk;thence N. 05°29'35" E. 201.75 feet to a point on the High Line Di' eh; thence along said Ditch the following courses and ,_iis'.:ances: N. 68°23'00" W. 38.44 feet; thence N. 86°08'00" W. 78.67 feet; thence N. 76°09'00" W. 101.62 feet; thence N. f0°27'00" W. 63.45 feet; thence N. 69°26'00" W. 40.58 feet; thence N. 79°13'00" W. 72.37 feet; thence N. 57°49'00" W. 50.83 feet; thence N. 73°06'00" W. 83.35 feet; thence N. 75°37'00" W. 60.65 feet; thence N. 71°05'00" W. 182.66 feet; thence S. 43°55'00" W. 60.85 feet; the e S. 76°03'00" W. 59.03 feet; thence leaving said ditch S. 00°24'02" E. 341.91 feet, more or less to a point on the Northerly right-of-way line of said County Road; thence S. 89039'00" W. 221.19 feet along the Northerly right-of-way line of said road; thence 186.08 feet along the arc o: a curve to the right, having a radius • • of 177.00 feet, the chord of which bears N. 60°1,,'00" W. 177.62 feet; thence N. i'°43' 35" W. 218.16 feet along the Northeasterly right-of-way line of said county road; thence N. 03°16'00" E. 240.70 feet, more or less to a point on the High Line Ditch; thence along said ditch N. 51°30'00" E. 137.00 feet; thence N. 30°12'00" E. 253.60 feet; thence N. 22°46'00" E. 237.40 feet; thence N. 11°24'00" E. 210.00 feet; thence N. 19°02'0'0" W. 189.80 feet; t'ience N. 63°51'00" W. 72.00 feet; thence S. 67°34'00" 215.24 feet to a point on the Westerly Eine of said Lot 2; thence N. 00°32'38" W. along the Westerly line of said Lot 2, 1346.00 feet to the North Quarter Corner of said Section 6; thence N. 89°44'17" E. along the Northerly line of said Section 6, 1782.07 feet to the So,_ t' ccuarter Corner of Section 34, in Township 5 South, Range 91 West of the 6th P.M.; thence N. 8°27'05" E. along the Northerly line of said Section 6, 839.11 feet to the Northeast Corner of said Section 6, the poin_of beginning. The above described parcel of land contains 151.81 acres more or less. Together with water rights appurtenant thereto, including but not limited to nine (9) shares of water in the Roseman Ditch, and together with an easement for utilities and ingress and egress over, across and under a strip of land 60 feet in width south of and parallel and contiguous to the calls N. 68°23'00" W. 38.44 feet; thence N. 86°08'00" W. 73.67 feet; thence N. 76°09'00" W. 101.62 feet; thence N. 40°27'00" W. 63.45 feet as set forth in the description hereinabove; and also, a like easement over, across and under a strip of _.. d 60 feet in width, east of and parallel and contiguous to a line described as follows: begi;ning at the enC point of that call N. 40°27'00" W. 63.4.5 feet hereinabove set forth, thence S. 06°17'58: E. /".31 feet; thence S. 15°58'50" E. 17.46 feet; thence S. 03°13'44" W. 47.92 feet; thence S. 01°40'40" E. 130 feet, more or less, together with all oC er appurtenances and warrants the title to the same subject to the 1976 general property taxes. Signed this 4/1{ day of j1') , 1976. ( -��. 1 . C4 �`.�� Carolyn Ann Cru�tentield, •a single person. STATE OF WEST VIRGINIA) COUNTY OF , C4 Did lc,W - ) s s . ' � J The fore oing instrument wasc�.nowledged before me this 4 day of �c Giti , 1976, by Carolyn Ann Crutchfield, si__::<gle person. Witness my hand and official seal. My commission expires t.iti119e'+' o2 5) 1 . Ga ,1„0- )")7, Notary Public -2- • BOO 540 P413c4 11 f © ZIEr, 4 197p ;iot irducl a:t_!/ a Reception Mildred Algdorf, Recorder fEC:- 4 1979 THIS DEED, made this t%t day of ,,//,',✓ between Carolyn A. Crutchfield, whose street address is 901 Briarwood Street, of the City or Town of Morgantown, State of West Virginia, for the consideration of ten dollars, in hand paid, hereby quitclaim(s) to Richard J. Murr, whose street address is 37659 Highway 6 and 24 of the City or Town of New Castle, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: That real property described on Exhibit A, attached hereto and incorporated herein by this reference with all its appurtenances and warrant(s) the title to the same, subject to the 1979 general property taxes, patent reservations, restrictions, easements, and rights of way of record. Signed this cl i'ti day of Unvem&mn... STATE OF WEST VIRGINIA) \-N\KNNIN\ c,,, ) ss. COUNTY OF 1 Carolyn (/A. Crutchfiel .„„/„,2,./...., The foregoing instrument was acknowledged before me this 11X00c, day of � � , 19 's \ , by Carolyn A. Crutchfield. Witness my hand and official Jeal. My commission expires: \(\ No ary Public 14 • EXHIBIT A Page 1 of 2 •BOOK 540 PAGE4 12 A i.r el of land situaLed in the N1/2 of See i i''n 6, Tof•.nhip 6 South, Pange 91 Wet of the 6th P.M., being all of Lot 1, a part of Lot 2, a part of the SNE , 'end a part of the SE4NW4 in said Section 6, lying Southerly of the Northerly line of said Section 6 and Westerly of the Easterly line of said Section 6, said parcel of land is described as follows: eg.inning.at the Northeast Corner of said Section 6, thence S. 00°24'10" E. along the Easterly line of said Section being the same as the Easterly lines oflLot 1 and.said SE1/4NE1/4, 2644.90 feet, more or less to a point on the Northerly right-of-way Line of County Road No. 214; thence S. 64°03'00" W. along the Northerly right- of-way line of said road, 293.58 feet to a point on the Southerly line of said SE1/4NE4 whence the East Quarter Corner of said Section 6 bears N. 38°40'49" E. 264.84 feet; thence S. 88°40'49". W. along the Southerly line of said SE NE4, 3.77 feet to a point on the High Line Ditch; thence along said ditch, the following courses and distances: N. 64°22'00" W. 106.59 feet; thence N. 09°51'00" E. 91.23 feet; thence N. 07°04'00" W. 86.45 feet; thence N. 21°24'00" W. 39.25 feet; thence S. 49°21'00" W. 89.39 feet; thence S. 81°39'00" W. 51.76 feet; thence S. 21°21'00" W. 73.70 feet; thence N. 37°32'00" W. 209.00 feet; thence N. 55°00'00" W. 1.56.90 feet; thence N. 35°09'00" W. 67.92 feet; thence N. 01°45'00" E. 33.02 feet; thence N. 17°35'00" E. 133.04 feet; thence N. 13°07'00" E. 30.50 feet; thence S. 89°42'00" W. 101.65 feet; thence S. 57°07'00" W. 85.44 feet; thence S. 13°09'00" W. 56.85 feet; thence S. 1.6°38'00" W. 133.53 feet;. thence S. 24°51'00" E. 214.35 feet; thence S. 41°28'00" E. 127.34 feet; thence S. 35°24'00" E. 135.93 feet, more or less to a point on the Southerly line of said •SE' -NE;; thence leaving said ditch S. 88°40'49" W. 702.14 feet along the Southerly line of the NE4 of said Section 6; thence N. 05°29'35" E. 201.75 feet to a point on the High Line Ditch; thence along said Ditch the following courses and distances: N. 68°23'00" W. 38.44 feet; thence N. 86°03'00" W. 78.67 feet; t:},, nce N. 76'09'00" W. 101.62 feet; :hence N. 40°21'00" W. - t 63.45 feet; thence N.69'26'00" ?;. 40.58feet; cam, t:,,er,ce N. 79'13'00" N. 12.37 r t=; thence N. 57'49'00" ?nom 30.83 feet; thence N. i3°06'00" W. 83.35 _ L.ence N . 75°37'00" W. 60.65 fc_ Jt; thence N. 71°05'00" W. 182.66 feet; thence S. 43° 55' 00 W. 60.85 ,pence S . 76'03'00" W. 59.03 feet; thence leaving said :itch S. 00°24'02" E. 341.91 feet, :core or less to a point on -..e Northerly right-of-way 1 ine of said County ,-.ea 1; thence S. 89'39'00" W. 221.19 feet elong the Northerly richt-of-way line of .,.aid roe .pl; thence 136.03 feet along t;;e arc of a cul Ve to the right, he,,in a radius of 177.00 feet, the chord of which bears N. 63'14'00" W. 127.62 : - _t; thence N. 18°43' 35" W. 218.16 feet along the NeH:neesterly tight -of -way line o id ;.. y ;the,ee N. ':) j 1 6' 0" E. 240 . / 0 - _ e _ r 1 .o a . e _ 1nth .. a h; ir1 ditch N. 51'30'00" E. 1.37.00 foot; thence N. 30°12'00" E. 253.60 7, et; thence N. 22°46'00" F. 237.40 feet; thence N. 1 1'24' 00" E. 210.00 t; thence N. . 19°02'00" W. 189.80 fret; thence N. 63°51'00" W. 72.00 feet; thence S. 67°34'00" W. 215.24 feet to a point on the Westerly line of :-.3irl Lot 2; thence N. 00°33'33" W. along the Westerly line of said Lot 2,.1346.00 feet to the North Quarter Corner of said Section 6; thence N. 89°44'17" E. along the Northerly line of said Section 6, 1733.96 feet to the South Quarter Corner of Section 34, in Township 5 South, Ranee 91 Wet of the 6th P.M.; thence N. 89°27'05" E. along the NoCchcrly• line of said Section 6, 836.74 feet '_.o the Northeast Corner of said Section 6, the point of beg ii ni.ng. r • BuoK 540 nru4-1:3 The above described parcel of land contains 151.81 acres more or less. Together with all water rights appurtenant thereto, including but not limited to nine (9) shares of water in the Roseman Ditch, and together with an easement for utilities and ingress and egress over, across and under a strip of land 60 feet in width south of and parallel and contiguous to the calls N. 68°23'00" W. 38.44 feet; thence N. 86°08'00" W. 73.67 feet; thence N. 76°09'00" W. 101.62 feet; thence N. 40°27'00" W. 63.45 feet as set forth in the description hereinabove; and also, a like easement o r, across and under a strip of land 60 feet in wicith, est of and parallel and contigu3Ous to a line described as follows: beginning at the end point of that call N. 40°27'00" W. 63.45 feet hereinabove set forth, thence S. 06'17'58" E. 40.31 feet; thence S. 15°58'50" E. 17.46 feet;.thence S. 03°18'44" W. 47.92 fee:.; thence S. 01°40'40" E. 130 feet, more or less, together with all other appurtenances and warrants the title to the same subject to the 1976 general property taxes. All references to the 'Highline flitch" set forth "Tompkins hereinabove refer to that ditch also known as the p' extension of the Roseman Ditch" or the "Roseman Ditch". Page 2 of 2 DEPARTMENT STATE OF COL DIVISION OF HI DOH Form 101 Rev. April, 1984 WAYS 110 MAY2 8 198STAT# DEPARTMENT OF HIGHWAYS ACCESS PERMIT GARFIELD GO. t LA ,..R SH No/MP/Side Local Jurisdiction Dist/Section/Patrol DOH Permit No. Permit Fee. Date of Transmittal (herein called permittee) is granted permission to construct an access approach on the side of State Highway , a distance of feet from milepost also known as , for the purpose of obtaining access to The access approach shall be constructed, maintained and used in accordance with the State Highway Access Code, the terms and conditions of this permit, site requirements noted below, this paragraph, and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access approach and its use violate any of the terms and conditions of this permit or the State Highway Access Code. The use of advance warning and construction signs, flashers, barricades and flagmen are required at all times during access approach construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The Department of Highways, its employees and agents shall be indemnified and held harmless against any action or damage to property or persons sustained by reason of the exercise and use of this permit. SITE REQUIREMENTS Where the appropriate local authority retains issuing authority, local approval is required MUNICIPALITY OR COUNTY By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify with the Colorado Department of Highways in at at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access. Permittee (X) Date This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVENGER, CHIEF ENGINEER By(X) Date Title COPY DISTRIBUTION White, MTCE Section Pink, Applicant Canary, Local Jurisdiction.. - White, Staff ROW Pink, MTCE Patrol File Canary, Inspector Blue, Traffic Eng. • The following paragraphs are standard terms and conditions of the permit. A copy of the State Highway Access Code is available for your review at your issuing authority or the State Department of Highways. 1. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used. In accepting the permit, the applicant agrees to all terms and conditions of the permit. If the applicant does not agree to all the terms and conditions of the permit, the permit shall be deemed denied. 2. Should the permittee or applicant object to any of the terms or conditions of the permit placed therein by the Department, he must do so within 60 days of transmittal of the permit for his signature. He may, 1) make his objections known to the issuing office of the Department and request reconsideration of the Department's action, and 2) he may appeal the Department's action to a hearing before the Colorado Highway Commission or before a hearing officer, at the discretion to the Commission. 3. Any appeal by the applicant or permittee of action by the issuing authority when it is the local government of jurisdiction under Code Section 2.4, shall be to the local government and be consistent with the standard appeal procedures of the local government. 4. The permittee or applicant wishing to appeal to the Colorado Highway Commission shall make his request for the hearing in writing and submit it to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222, The request shall include reasons the permittee or applicant is appealing the action and may include recommendations by the permittee or applicant that would be acceptable to him. 5. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, issue a new permit, or require the applicant to reapply for reconsideration. Changes in the original application or proposed design will normally require submittal of a new application. 6. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to a hearing before the Colorado Highway Commission, he must do so within 60 days of transmittal of the notice of denial or transmittal of the permit. 7. The permit shall be deemed null and void if the access approach is not under construction within one year of the permit issue date or before the expiration of any authorized extension. A time extension, not to exceed one year for each extension, may be requested of the issuing authority in writing by the applicant prior to expiration of the permit. Denial of an extension may occur only when the issuing authority assertains and documents that unforeseen and significant changes in highway traffic operations or proposed access approach operation, have or will occur that were not accounted for in the issuing of the permit. 8. The applicant shall notify the individual or the office specified on his permit of the pending construction at least 48 hours prior to construction in State Highway rights-of-way. The access approach shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 9. The construction of the access approach and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the applicant except as provided below. 10. It is the responsibility of the owner of the property to ensure the use of the access approach to the property is not in violation of the code, permit terms and conditions, or the Act. The terms and conditions of the permit are binding upon all assigns, successors -in -interests and heirs. 11. When a permitted driveway is constructed or used in violation of the code, permit terms and conditions, or the Act, either the issuing authority or the Department or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or the Act. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of the Act, the access code, or the terms and conditions of the permit. 12. Any driveway, whether constructed before, on or after June 30, 1979, may be required by the Department with written concurrence of the appropriate local authority to be reconstructed or relocated to conform to the access code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the code. 13. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access approach with the permission of the issuing authority. The applicant shall make his request on standard permit application forms and specify that his request is for improvements per this subsection. Denial of the application for improvements does not constitute revoking the existing access approach authorization. 14. Parking on state highway right of way is prohibited except where posted. 15. After sight distance requirements are met and an access permit issued, a sign structure or parked vehicle shall not be permitted where it will obstruct the required sight distance. 16. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed shall be turned over to the engineering district representative of the Department. 17. Where necessary to remove or relocate a state highway traffic control device for the construction of a permitted access approach, such relocation or removal shall be accomplished by the applicant at his expense and at the direction of the Department. Any damage to the state highway beyond that which is allowed in the permit shall be repaired immediately. 18. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions in construction may be ordered by the Department field inspector to meet unanticipated site conditions. 19. The permit may require the contractor to notify the individual or office specified on the permit at certain phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, and base course compaction. 20. The occupant and the property owner of the property serviced by the access approach shall be responsible for (1) meeting the terms and conditions of the permit and, (2) the removal or clearance of snow or ice upon the access approach(es) even though deposited on the access in the course of the Department highway snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts under the access approach which are part of that system within the right-of-way. NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 as amended. "Code" means the State Highway Access Code as adopted and amended by the Colorado Highway Commission. "Department" means the State Department of Highways. L_/-.‘ IN IN 11N LJ v t GLEt' WOOD SPRINGS, COLORADO 81601 411 2014 BLAKE AVENUE April 29, 1981 Richard J. Murr 37659 U.S. Highway 6 New Castle, CO 81647 Dear Mr. Murr: PHONE 945-8212 On April 20, 1981, the County Commissioners passed a resolution requiring a $200 per lot assessment for schools for all new lots created through the Senate Bill 35 Subdivision Exemption process This is applicable to all new parcels created by exemption. The requirement is applicable to all pending exemptions, as well as all exemption requests initiated after the April 20, 1981 date. You will therefore be required to submit $200 that was authorized by your currently pending If you have any questions, please contact me Sincerely, Terry L. Bowman Assistant Planner TLB:vg for every new lot exemption. at this office. 9 -,o -moi ij moo 1 P.U. LU.. S63 (3011 e76.2222 ; alt, Culu. 81652 PARCEL NO. 1: A parcel of land situated in Lot 2 of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Easterly of the North-South Centerline of said Section 6 and Northerly of the lower bank of the High Line Ditch, said parcel of land is more fully described as follows: Beginning at the North Quarter Corner of said Section.6; thence N.89°44'17"E. 183.00 feet along the North line of said Section 6; thence S.00°33'33"E. 1226.34 feet to said ditch bank; thence, along said lower ditch bank also described as being the Westerly right-of-way line of said ditch, described by Civil Action Case No. 8820 dated January 8, 1979 in the District Court of Garfield County, Colorado, N.75°25'20"W. 7.86 feet to a rebar and cap (corner); thence S.78°01'30"W. 27.44 feet to a rebar and cap (corner); thence S.68°04'26"W. 159.47 feet to a rebar an cap (corner) to a point on the North-South Centerline of said Section 6; thence N.00°33'33"W. 1288.76 feet to the point of beginning, containing 5.26 acres, more or less. Subject to the High Line Ditch easement and/or right-of-way. The bearing source was established by solar observati(>n. Use N.89°44'17"E. between the North Quarter Corner of said Section 6 and the South Quarter Corner of Section 34, Township 5 South, Range 91 West of the Sixth Principal Meridian. August 4, 1981 Job No. 681221 N '/4 CD E. (SEc b ) 09°¢477"E /8.5.0o' Garfield Count Surveyor's Brass Cap found in place v: 0 c II • N 03 N m rn 0 0 O n) N N W.G. 430 '\:..:;.".7,i) 7, .- &• • .L.' •Al �11w `... * o LOT? (SEC.6) w 0 • 00 t 5-N. 7C -2 5 ' 2 0 " In/. 7 86 5. 78° OP 3O'W. 2 7.44' S. 68-64'z6'"1+/ /59.42' CIVIL ACTION CR5E_ No. 8820 • 'Solar Country P.O. Coe 163 13031 8762222 730 Main Silt, Colo. 81652 PARCEL NO. 2: A parcel of land situated in the SEkNW4 and SW'NE'k of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Southerly of the centerline of the High Line Ditch, Westerly of a parcel of land described in Book 512 of page 180 as filed in the Garfield County, Colorado records, Northerly of the Northerly right-of-way of County Road No. 214, and Easterly of a parcel of land described by Civil Action Case No. 8820 dated January 8, 1979 in the District Court of Garfield County, Colorado, said parcel of land is more fully described as follows: Beginning at the intersection of said right-of-way line and said Civil Action parcel; whence the East Quarter Corner of said Section 6 bears; S.83°38'54"E. 2705.43 feet; thence N.15°09'14"E. (record said Civil Action Case N.14°50'31"E) 225.00 feet, more or less, to the centerline of said ditch; thence, more or less, along said centerline ditch, S.64°32'46"E. 48.44 feet; thence S.78°33'05"E. 102.82 feet; thence S.10°05'00"E. 33.92 feet; thence S.52°08'32"E. 16.11 feet; thence N.89°34'55"E. 141.23 feet; thence N.75°56'23"E. 39.97 feet; thence S.64°43'01"E. 17.31 feet; thence S.36°36'32"E. 64.52 feet; thence S.77°29'57"E. 10.64 feet; thence leaving said centerline ditch S.00°09'55"E. (record S.00°24'02"E.) along the Westerly line of said parcel of land described by Book 512 of Page 180, 352.66 feet to a point on said right-of-way line; thence along said right-of-way line, also being as fenced, N.89°51'45"W. 255.84 feet; thence 90.64 feet along the arc of a curve to the right, having a radius of 86.358 feet, the chord of which bears: N.59°47'32"W. 86.54 feet; thence N.29°43'20"W. 125.44 feet; thence N.32°24'41"W. 139.35 feet, more or less, to the point of beginning, containing 3.94 acres, more or less. Subject to the High Line Ditch easement and/or right-of-way. The bearing source established by solar observation. Use N.89°44'17"E. between the North Quarter Corner of said Section 6 and the South Quarter Corr:r of Section 34, Township 5 South, Range 91 West of the Sixth Principal Meridian. The bearing along the record bearings described above are established from existing parcel corners found in place. August 4, 1981 Job No. 631221 T. .0V.9/lt o' I/Aee-A SE '/q N (SEC. 4.) 7' N.3eZ4'41"1/' /39 35, 0 0 14, •e tot p e ya 0 c. G/1 F/EL 3 CogN7y, COt_072.460 SCALE: 1 inch = 100 feet 0 • 83 ",fig 54 E ?/I TQCEL JVD. 2 3.94- Ac. ±. A1.29'43'2.0'111/ /25.49' t'I'II1`I: I)A•I',\ No I ; A = I,On5 )„ 86. 358 ic)" /1 '12"W. t 11, 1981 ,I„b No 681221 i70c 43, qtr. 89 / • 43. /tIc7. Z 04 -x 2,';S.8�' r Ih m 0 0 Li V a w � � N 0 �� 0 V 0 In � Q tn; r Q‘ () . 0 0 S S.S. 7972. NOTE: --- -- = Centerline High Line W.C, = Witness Corner P.O.R.= Point of 13eginnin;: = nr,,. 5 Rebar with ye low cap ® = Rebar and Cap found in pl:r'' 14111 pit, 1; At Colt t Country P C tlo, 163 t!i.i ,,,r; 222? c8oiar Country P.O. 130x 163 13034 0762222 733 M 1 Sift, Colo. 61652 PARCEL NO. 3: A parcel of land situated in the SW4NE'k and SE4NE14 of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying Northerly of a fence as now constructed and in place, Easterly of the Easterly line of a parcel of land described by Reception No. 286771 as filed in Book 512 of Page 172 of the Garfield County, Colorado records, and Westerly of the Centerline of the High Line Ditch, said parcel of land is more fully described as follows: Beginning at a point in said centerline ditch, whence of said Section 6 bears: S.89°16'09"E. 764.29 feet; 203.21 feet along said fence; thence S.89°38'10"W. fence; thence S.89°03'49"W. 238.43 feet along said the East Quarter Corner thence S. 89° 26' 20" W, 100,21 feet along said fence; thence S.89°11'42"W. along said fence 132.53 ic2et, more or less, to a point on the Easterly line of said parcel of land described by Reception No. 286771; thence N.05°29'35"E along said Easterly line, 167.01 feet, more or less, to a point in said Center- line ditch; thence East 528.23 feet to a point in said Centerline ditch (said Centerline ditch does not follow the previous course); thence S.43°30'50"[':. 161.26 feet along said centerline ditch; thence S.25°00'00"E. along said centerline ditch, 45.14 feet to the point of beginnin;,;, containing 2.26 acres, more or less. Subject to the High line Ditch .:;;.ment and/or right-of-way, and any other ditch or pipeline easements and/or right-of-ways of record or as now in use and in place. The bearing source was established by solar observation. Use N.89°44'17"E. between the North Quarter Corner of said Section 6 and the South Quarter Corner of Section 34, Township 5 South, Range 91 West of the Sixth Principal Meridian. August 18, 1981 Job No. 681221 // -4CC. No 28677/ SCALE: 1 inch = 100 feet %fC .G• G5 7972. 3.1 O ri J M 6 5. , . 9/ W 0C 616 GAR FIEL o ca"rr y, COLO 'EA po SE 1/4 Al / CSEC. 6) ER5T 528.2. 3 PARCEL NO. 3 .42 � ",3 19 .122489.03'49'14). e38.43' S. .13430'50'E. t `\ 1°p w C • 12, 0 x X NOTE: 5.83'40'49" W. 5 • 3c' Centerline High Line Ditch Witness Corner No. 5 Rebar with yellow cap set Rebar and cap found in place \ /6/.2.6" 5. 89° zb Z0"kJ. S'o�e cs- 203.21 S. 25'00.60-E.. 9S•/4' %/E.. S. 89'/0' o9"e . 74.4. Z 9 E. �/4 COR (s c. bi :?up.ust 18. 1981 Job No. 681221 &1af Country PO B. H 3 7303/ 87G2222 130 0.4..n Silt, Cul'. 1)1 &.2 RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 September 12, 1978 Ms. Stephanie Andreasen, Assistant Planner Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Ballard, Murr and Schultz Exemptions Dear Ms. Andreasen: C.J. KUIPER State Engineer We have reviewed the above referenced applications for exemption from County subdivision regulations. All of the proposals will rely on individual domestic wells for the water supply. Our Ground Water Section has indicated that permits for domestic wells could be issued for these parcels as situated and we recommend approval of the Ballard, Murr and Schultz exemptions. Very truly yoursii jeris A. Danielson ty State Engineer JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm.