HomeMy WebLinkAbout1.0 Application81-J'OR I; THP.. BOAR 1) OF COUNTY CONlNI ISSIONLRS OF
GARI Ifil.l) COUNTY, COLORADO
PP:111:1 iN. C:(?1?_l.<X1i fv11'-iIT1 b
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (n) - (d) its amended, and the
Subdivision Regulations of Garfield County, (.'olorado, adopted April 23, 1984 Section 2:20.49,
the undersigned "E/1�,� (�. S��i°� respectfully petitions
the hoard of County Commissioners of Gilrfield County, Colorado, to exempt by Resolution
the division of .1 _dcre tract of land into 2 tracts of approximately _
acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-216-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons staled below:
7744/ o_.o/12Es /re .5 A S Ti ci- I.s .5._?4,17. ,5.L A44771291.
E7/771Re_ AWAE 6eiNTY ROAD 25�S- MAO 7`0
ESC
S1..113NI1'I`I'A1. RI?Q.t11R1:_M :NTS:
An application which satisfies tlhe review criteria must he submitted with all the following
information:
/ A.
Sketch neap ill a minimum scale 011",,200' showing 111e legal description of the
property, dimension ill1(1 area °fall lots orsepilrilteinterests to becreated, access
lo a public right-of-way, alld any proposed easements for drainage, irrigation,
ilcCcss or Ili llll ICS:
tv-I1- Vicinity neap al 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 oft.J.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
F). Naples and addresses of owners of record of land immediately adjoining and
W.111611200 feet unlit.: proposed exemption, mineral owners and lessees of mineral
owners of record of 11e properly to be exempted, an(I tenants of any structure
proposed for conversion; and
b:vidence of 111e sail types and characteristics of eacl type; and
Proof of legal and adequate source of domestic wafer for each lot created,
method of sewage disposal, and letter 01 approval of' lire protection plan from
appropriate lire district; and `
t
1.
J.
6�
K 0 S
Ifconncclioi( to it community of municipal water or sewer system is proposed,
a letter (rola the governing body :dating a willingness to serve; and
Narrative explaining why exemption is being requested; and
1t shall be demonstrated that the parcel existed as described 00 January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
Bolo it larger parcel as it existed on January I, 1973.
A 1;300.00 lire must be submitted with the application.
Petitioner
20; 7 aa./ry/yht4 Z
Mailing1(.l-(ss
A/b-a (A5724- Co i/,1/7
Ity - aState
`1 eieplhone Number
EX_ENll'_""Linty
A PPI .rC;A B I I .I't'Y
`('ho Board orCounty Coii issione.rs has the discretionary power to exernpt a division ()Hand
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or(leleat lhestated purpose
of Ilse Subdivision Regulations nor he detrimental to tite general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
l'ollowirig a review of the individual facts ()leach application in light Utile, requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, al it minimum, all Utile review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:6() of the Subdivision Regulations.
I/A. No more than it total flour (el) lots, parcels, interests or dwelling units will be created
Iron) any parcel, as that parcel was described in the records of the Garfield County
(-lett and Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to he divided by exemption that is split by a public
right-ol-way (Slide or I'ederitl highway, County road or railroad) or natural feature,
preventing loins use of the proposed tracts, and the division occurs along the public
right -a -way or natural feature, such parcels thereby created may, al the discretion of
the Board, not be considered Io have hien created by exemption wits) regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise, applicable;
✓13. All Garfield C'ounly zoning requirements will he mel; and
All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
✓I ). Provision has been mads for an adequate source of water in ler-rns of both the legal and
physical quality, quantity and depcnclahilily, and a suitable type ol'scwage disposal to
serve each proposed lot; and
All :Male and local environmental health and safely requirements have been mel or are
in the process or being reel; and
PrOVlsiOtl has hcco made for any required road or stoma drainage improvements; and
Fire prolcctiort has been approved by Ills; appropriate lire district; and
Any necessary drainage, irrigation or ul ility easements have been obtained or are in the
process of being obtained; and
School Ices, taxes and special assessments have been paid.
(The School Impact I'ce is V200.00 for each new lot created).
PROC:MI..1Rl
A. A recltresl for exemption shall be submitted Io Ilse Board on forms provided by the
Garfield Comity 1)c;pnrlmertt of l)cvclopmenl/Planning Division. Two (2) copies (Witte
application maps and supplemental information shall be submitted.
B. The Planning Division shall re.vicw lheexenlplion request forcompleteness within eight
(8) clays of submittal. IC incomplete, the application shall be withdrawn from
consideration and the applicant notified or the additional information needed. Tithe
application is complete, the applicant shall be notified in writing Utile time and place
of the, Board of County Commissioners meeting at which the request shall be
considered. In either case, notification dull occur within filieen (15) days ofsubmitlal.
Notice at he public meeting shall be mailed by certified mail, return receipt requested,
to owners or record (gland immediately adjoining and within 200 feet atilt proposed
exemption, lo mineral owners and lessees or mineral owners of record of the land
proposed for exemption, and to tenants orally structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right -a-
way with notice. signs provided by the Planning Division. All notices shall be mailed al
least lateen (15) and not more I han Illirly (3u) days prior to the meeting. The applicant
shall be responsible rot. (nailing the notices and shall present proof of mailing at the
meeting.
1). Al or withal fifteen (1 5) clays of the meeting, tl►e Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall beset forth in IIIe minutes oldie meeting or in a written resolution. An
applicant denied exemption shall Follow Ihesiibclivision procedure: in these regulations.
c
V1J
•,,, ) i ., ,V.
1,J-- �`
1 \
�
I pp\
—_ms,
.,>
0099
.:I
•
OE99
I o l u
o
I C i J ‘v
II\
e:
__==
N�
s;
\
—/r 1
I ,.I .1,-. :41.‘k. 00
;�,'N
, vim ..
• 7-',_-----N Vr ! ( -
4E-
O
0009
i
I"•,: (J/
•
'
n \ L0
_ �.\ ;
•\./,.1 .rte �0
n
;c(
N 07"341' 23"F..
12.91;
Contreie._. _1
_. idoe
I1 IO"53' 217"E.
124.04
N. 1)9"24' '',:SW.
123.56
N 14"26.17"E
201.28
rl ''?"F..
111.00 '
11 19" ? 5' ri 1"E..
(i9 40
11 15.'116'27" W
167 31
1.13.1"29.214"W.
cu.) 41)
Enlalgemenl f tloub(' Mia
Scale 1" - 20'
•
7-
N. 15"1:17' 25"E.
232.64
N 40" 4 r; 03" 'N
39 65
N 25"26'55"W.
101.06 ..•
11-161' i4
(.h. 5,66.'02. 3r, f.
133.71
11-4'1214
('h. '; I9"2
36.3
ti
N romp' t 7"W
161 9'3
IJ 30"77. 30"W
86 80
N.63"27'45°E.
211.02
?O9
)1.o9 Nouse
R-495.4?
Ch. S 14'1 5'180 'E.
3?5.30
S 33"22'53"E.
1x)4.36
1)- 800.55
Ch. S 34°52_05E. . `8`\�G2� \
41.54
\PP
90
S. 36^21' 18"E.
14391 13
11 11^ 23' 24"x..
70 2O
"�s
6 \°i
m\\
R - 622.38 (SO
Ch. S. ?7"42' 26"E. / ' \
187.16
ti
G
1 1(t17
j;�
'? � i.
!"."-A
pec
PSP'•
0
"d
\\
e
f T'
S 5 5'41' 17'W. 85 29
"role
Wood fh itlrle
mow% ��� 2s TSS ��? ?/41 6 p14
cr
'-8346 B-941 - P-407 ' 05/19/95 04: 22P PG 1 OF 3 • REC DOC .___
MILDRED1`=ALSDORF GARFIELD COUNTY CLERK AND RECORDER 15.00
QUIT CLAIM DEED
TUIB DEED , Made this day of May 15, 1995
between
BRENDA C. SLAPPY AND JAMES H. SLAPPEY
of the
County of and State of
Colo oC.f the first PP__part, and
yo
NOT
RECCRDER/8 STAMP
whose legal address is °' - 1795 - 245 I D, NEW C'AST'LE, C� 81647 "" "" ';
of the County of and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of rr $10.00
TEN DOLLARS
to the said part(ies) of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is here-
by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise,
release, sell, convey and QUIT CLAIM unto the said part(ies) of the second part, (their) heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which is said part(ies) of the first part ha(s) in and to the
following described lot or parcel of land situate, lying and being in the County of GARFIEED
and State of Colorado, to wit:
SEE FCIIBIT "A". ATTACHED HERETO AND MADE A PART HEREOF:
also known as street and number 1795 COUNTY ROAD 245, NEW CASTLE, OD 81647
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or
in anywise thereunto appertaining, and alt 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 part(ies) of the second
part, (their) heirs and assigns forever. -
IN WITNESS WHEREOF, The said part(ies) of the first part ha(s) hereunto set their hand and seal the day and
year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF Jtq(Ai
County of
The foregoing instrument was acknowledged before me this day of
,by JAMES H. SLAPPEY _. (O N L9
(SEAL)
(SEAL)
(SEAL)
May 15, 1995
My commission expires 199C„,, ,19 .Witness my hand and official seal.
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVE.
DENVER, COLORADO 80
FERNANDO PRECIADO
COMM. #951652
Curt,
t'>� �, PubtkrCoutornia
4,� ,�r;,•7LOS M6ELES COUNTY� . i. • 11 11.:' • EX • res
pze ter,. %...." ave r' V �,osrcorn�r r
.... A9W.tr///J.r1,G010/1,GGC4?.'r/11.U..rJ/.r11.r//11.AY•GU/1/1/A'NJiY/rAY/Ab.2Y/ii
Notary Public
COMPUTER QUIT CLAIM DEED
Irrkfrow # G'13449 Title,/ GW3449.
�r QX &L C . bka.pp ,l
c- Q auk
e.u) CC, -1-Q_ Co c l0, -l1
164
,46 B-941 P-408 05/19/95 04:22P PG 2 OF 3
EXHIBIT A
A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 OF SECTION 25,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, LYING EASTERLY OF THE EAST ELK CREEK CENTERLINE AND
SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY
ROAD NO. 245 IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 25, A
REBAR AND CAP IN PLACE;
THENCE S. 18 DEGREES 57' 53" W. 1212.03 FEET TO A POINT ON
SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO BEING A POINT ON A LANE
CENTERLINE, THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY, S. 60 DEGREES 06'03"
W. 663.57 FEET ALONG SAID LANE CENTERLINE;
THENCE S. 55 DEGREES 41' 19" W. 85.29 FEET ALONG SAID LANE
CENTERLINE TO A POINT ON THE CENTERLINE OF SAID CREEK;
THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING
COURSES AND DISTANCES:
N. 25 DEGREES 26' 55" W. 101.86 FEET;
THENCE N. 40 DEGREES 46' 03" W. 39.65 FEET;
THENCE N. 15 DEGREES 07' 25" E. 232.64 FEET;
THENCE N. 63 DEGREES 27' 45" E. 211.82 FEET;
THENCE N. 11 DEGREES 23' 24" E. 70.20 FEET;
THENCE N. 38 DEGREES 27' 30" W. 86.80 FEET;
THENCE N. 64 DEGREES 52' 37" W. 161.99 FEET;
THENCE N. 34 DEGREES 29' 28" W. 90.40 FEET'
THENCE N. 15 DEGREES 06' 27" W. 167.31 FEET;
THENCE N. 15 DEGREES 25' 51" E. 69.40 FEET;
THENCE N. 39 DEGREES 39' 52" E. 131.00 FEET;
THENCE N. 14 DEGREES 26' 17" E. 201.28 FEET;
THENCE N. 09 DEGREES 24' 53" W. 123.56 FEET;
THENCE N. 10 DEGREES 53' 28" E. 124.04 FEET TO A POINT ON THE
SOUTHWESTERLY SIDE OF SAID COUNTY ROAD RIGHT-OF-WAY;
THENCE LEAVING SAID CREEK CENTERLINE, ALONG THE COUNTY ROAD
RIGHT-OF-WAY, THE FOLLOWING COURSES AND DISTANCES:
N. 87 DEGREES 34' 23" E. 12.96 FEET;
THENCE 137.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 161.94 FEET AND A CHORD OF WHICH BEARS: S. 68
DEGREES 02' 36" E. 133.71 FEET;
THENCE 374.50 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADUIS OF 442.14 FEET AND A CHORD OF WHICH BEARS: S. 19
DEGREES 23' 39" E. 363.41 FEET;
THENCE 331.43 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 496.42 FEET AND CHORD OF WHICH BEARS: S. 14 DEGREES 15'
18" E. 325.30 FEET;
THENCE S. 33 DEGREES 22' 53" E. 104.36 FEET;
THENCE 41.55 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 800.55 FEET AND CHORD OF WHICH BEARS: S. 34 DEGREES 52'
05" E. 41.54 FEET;
THENCE S. 36 DEGREES 21' 18" E. 143.91 FEET
THENCE 187.87 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 622.38 FEET AND CHORD OF WHICH BEARS: S. 27
DEGREES 42' 26" E. 187.16 FEET TO THE TRUE POINT OF
4346 B-941 P-409 05/19/95 04:22P PG 3 OF 3
BEGINNING.
EXHIBIT A
COUNTY OF GARFIELD
STATE OF COLORADO =_=
.-) //51-/f.
The foregoing instrument was acknowleded before me •thi5/day of
/ , i qq . Y Brenda C. Sl appy eo�recr/ k��,vds rid' S/ /1%
My commission expires /i/2 3/?‘ , 199 .
Witness my hand and official seal.
Notar
c
IJ. Fl l" 34' 23"E.
12.96
Concrete._..
_. Pridoe.. _
N. I0'53' 20"E.
124.04
N. 09'24' 'S.S.W.
123,56
N 14°26'17"E.
201.28
R -161 94
Ch. S.68"07 361
133.71
ft 442 14
Ch. S It)"2
363
v
R- 496.42
Ch. S 14"I5i 18"E. '-
35.30 nt
N15"25 51E..
(i'l 40
N
15"118';,7"W
167 31
N 3.1"29'2N•W.
90.40
Calorgemeril of l use Are',
Scale I" - 20'
N.15'07' 25"E.
232.64
N40"46.(J3"7V...
3965
N 2.5°26'55"W. .,.
101.96
/2./0 Acres
11 G4'52. ' 7"W
161 9')
N 39'27' 30' W
86 80 -
1'4,63'27'45"E.
211.82
;,. 1.
"'
.
:c.
./ ,r
\ rpt..
•
09
- i
jj A 1.09 llouee
I4,0
ev
S 33"22.53"E. _
104.36
ft - 800.95 \
Ch. S 34'52'05" E. .
41.54 \ _\,• `
\DP \
S. 36'21' I8"E.. A
143 91• \'0
N.11" 23' 24"1.
70 20
n\s '
°Q ,..
11 IV)
l
8 - 622.38m
Ch. S. ?7"4? 2.6E. / — \
187.16
S 55°41' 13"W. 85 29
"role
-- Wood Midge
. 680
ti -
■ 1
i` ,� � 6000 j
Iv -- 4�'_f > ,/'
_),\-.___
-30
ti
/
ti_ _._
o ll
)1.F/7
°�I �
p•ii
1
1
t
/) \
l ll 1
„(; I f`
H
5630
5964Q
'I I;
.Py
11�
_-� ,-6.00
6
CO.'4.-A.
( 47'3346 B-941 P-407 0.9/95 04:22P PG 1 ' OF 3 " r It ECCL-____ NOT
MILDRED ALSDORF
Trrrt
•
GARF I FT .D COUNTY CLERK AND RECORDER 15.00
QUIT CLAIM DEED
THIS DEED , Made this day of May 15, 1995
between
BRENDA C. SLAPPY AND JAMES H. SLAPPEY
of the
County of and State of
Colorado of the first part, and
BRENDA C. SLAPPEY
•
whose legal address is 1795 - 245 ROAD, NEW CASTLE, OD 81647
of the County of and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of $10.00
o
RECCIPMER1S time
TEN DOLLARS
to the said part(ies) of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is here-
by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise,
release, sell, convey and QUIT CLAIM unto the said part(ies) of the second part, (their) heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which is said part(ies) of the first part ha(s) in and to the
following described lot or parcel of land situate, lying and being in the County of GARFIEED
and State of Colorado, to wit:
.SPE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
also known as street and number 1795 OOIJNTY ROAD 245, NEW CASTLE, CO 81647
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 part(ies) of the second
part, (their) heirs and assigns forever.
IN WITNESS WHEREOF, The said part(ies) of the first part ha(s) hereunto set their hand and seal the day and
year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF jtq(,ORAPN
County of
The foregoing instrument was acknowledged before me this day of
,by JAMES H. SLAPPEY L 9 efJ
My commission expires 11J, I
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVE.
DENVER, COLORADO 80
May 15, 1995
,19 .Witness my hand and official seal.
'o FERNANDO PRECIAD')
COMM. #951652
}'� Ag
PubSc-Colfomto
(11w'
1 ' . ELES L6COUNTY
A . n r,u I,.: • Ex• res
LIMO !��� COMPUTER QUIT CLAIM DEED
!row GW3449 Title# 643449.
Notary Public
i�r e dcL C . c�lpP,l
Go_) Qui
CCU*'. l co +tQLfl
• •
478346 B-941 P-408 05/19/95 04:22P PG 2 OF 3
EXHIBIT A
A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 OF SECTION 25,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, LYING EASTERLY OF THE EAST ELK CREEK CENTERLINE AND
SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY
ROAD NO. 245 IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 25, A
REBAR AND CAP IN PLACE;
THENCE S. 18 DEGREES 57' 53" W. 1212.03 FEET TO A POINT ON
SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO BEING A POINT ON A LANE
CENTERLINE, THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY, S. 60 DEGREES 06'03"
W. 663.57 FEET ALONG SAID LANE CENTERLINE;
THENCE S. 55 DEGREES 41' 19" W. 85.29 FEET ALONG SAID LANE
CENTERLINE TO A POINT ON THE CENTERLINE OF SAID CREEK;
THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING
COURSES AND DISTANCES:
N. 25 DEGREES 26' 55" W. 101.86 FEET;
THENCE N. 40 DEGREES 46' 03" W. 39.65 FEET;
THENCE N. 15 DEGREES 07' 25" E. 232.64 FEET;
THENCE N. 63 DEGREES 27' 45" E. 211.82 FEET;
THENCE N. 11 DEGREES 23' 24" E. 70.20 FEET;
THENCE N. 38 DEGREES 27' 30" W. 86.80 FEET;
THENCE N. 64 DEGREES 52' 37" W. 161.99 FEET;
THENCE N. 34 DEGREES 29' 28" W. 90.40 FEET'
THENCE N. 15 DEGREES 06' 27" W. 167.31 FEET;
THENCE N. 15 DEGREES 25' 51" E. 69.40 FEET;
THENCE N. 39 DEGREES 39' 52" E. 131.00 FEET;
THENCE N. 14 DEGREES 26' 17" E. 201.28 FEET;
THENCE N. 09 DEGREES 24' 53" W. 123.56 FEET;
THENCE N. 10 DEGREES 53' 28" E. 124.04 FEET TO A POINT ON THE
SOUTHWESTERLY SIDE OF SAID COUNTY ROAD RIGHT-OF-WAY;
THENCE LEAVING SAID CREEK CENTERLINE, ALONG THE COUNTY ROAD
RIGHT-OF-WAY, THE FOLLOWING COURSES AND DISTANCES:
N. 87 DEGREES 34' 23" E. 12.96 FEET;
THENCE 137.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 161.94 FEET AND A CHORD OF WHICH BEARS: S. 68
DEGREES 02' 36" E. 133.71 FEET;
THENCE 374.50 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADUIS OF 442.14 FEET AND A CHORD OF WHICH BEARS: S. 19
DEGREES 23' 39" E. 363.41 FEET;
THENCE 331.43 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 496.42 FEET AND CHORD OF WHICH BEARS: S. 14 DEGREES 15'
18" E. 325.30 FEET;
THENCE S. 33 DEGREES 22' 53" E. 104.36 FEET;
THENCE 41.55 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 800.55 FEET AND CHORD OF WHICH BEARS: S. 34 DEGREES 52'
05" E. 41.54 FEET;
THENCE S. 36 DEGREES 21' 18" E. 143.91 FEET
THENCE 187.87 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 622.38 FEET AND CHORD OF WHICH BEARS: S. 27
DEGREES 42' 26" E. 187.16 FEET TO THE TRUE POINT OF
478346 B-941 P-409 05/19/95 04:22P PG 3 OF 3
EXHIBIT A
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO =__
The foregoing instrument
1'4 , i w --
My commission expires
0,041.4 4.114
/5.22K
was acknowleded before me thi�/day of
by Brenda C. S1appy, Corin-fr/y ki0 G441.c.)S �Y a
'Z 3fl , 199 .
6)/ j4/e17.
Witness my hand and official seal.
Notar
c
• •
2027 245 ROAD
PROPERTY OWNERS WITHIN 200 FEET
WALKER, WILLIAM DECOURCY & JUDITH LEE
P. O. BOX 1278
BASALT, C0 81621
PARCEL # 2125 252 01 001
HUBER, WALTER & VIOLA L.
1793 - 245 ROAD
NEW CASTLE, CO 81647
PARCEL # 2125 252 00 132
ZIMMERER, RICHARD & JANE
P. O. BOX 345
NEW CASTLE, CO 81647
PARCEL # 2125 252 01 081
BRANNAN PROPERTIES, INC.
214 8TH ST SUITE 300
GLENWOOD SPRINGS, C0 81601
PARCEL # 2125 252 00 019
BOND, DARREL & JOAN
P.O. BOX 94
RIFLE, CO 81625
PARCEL # 2125 252 01 002
MAYO, ROBERT & NAOMI
2095 - 245 ROAD
NEW CASTLE, CO 81647
PARCEL # 2125 252 00 103
�:a
•
liith this soil in mapping are small areas of
da, and Kim soils that have slopes of 1 to 3
e areas make up 5 to 10 percent of the
ty is slow;' and available water capacity is
e, Effective rooting depth is 60 inches or more.
runoff is medium, and the erosion hazard is
is used for irrigated crops and hay (fig. 5).
II grains, some corn for silage, and grass or
me mixtures are grown.
g is suitable for irrigating this soil. Intake rate is
de, deep cracks form when the soil dries. Irriga-
es and tillage practices should be carefully
to overcome soil conditions. Green manure
nd commercial fertilizer are generally needed to
n or improve tilth and fertility.
ative vegetation on this soil was mainly wheat-
gebrush, and rabbitbrush; however, all areas of
are now in irrigated crops.
tail rabbit, squirrel, mourning dove, and pheas-
habitat on this soil.
nity development and recreation are limited by
rtineability, high clay content, and shrink -swell
Dwellings and roads can be designed to com-
for the low strength and shrink -swell potential.
nk absorption fields are severely limited by slow
Ilty. Community sewage disposal systems will
If population density increases.
soil is in capability subclasses Ille, irrigated, and
Irrigated.
eldt clay loam, 3 to 6 percent slopes. This
ell drained, gently sloping soil is on alluvial fans
es of valleys. Elevation ranges from 5,000 to
feet. This soil formed in fine textured alluvium
from shale and sandstone. The average annual
tion is about 14 inches, the average annual air
tature is about 48 degrees F, and the average
ee period is about 120 days.
Ically, the surface layer is grayish brown clay loam
8 inches thick. The subsoil is light brownish gray
m about 13 inches thick, The substratum is light
ay to a depth of 60 inches. •
uded with this soil in mapping are small areas of
Arvada, and Kim soils that have slopes of 3 to 6
t. These areas make up 5 to 10 percent of the
hit. •
eability is slow, and available water capacity is
te. Effective rooting depth is 60 inches or more.
e runoff is medium, and the erosion hazard is
Yate.
soil is used for irrigated crops and hay. Some
are used for grazing. Alfalfa, small grains, some
or silage, and grass or grass -legume mixtures are
•
21
Flooding is suitable for irrigating this soil. Intake rate is
slow. Wide, deep cracks form when the soil dries. Irriga-
tion rates and tillage practices should be carefully
planned to overcome limiting soil conditions. Green
manure crops and commercial fertilizer are generally
needed to maintain or improve tilth and fertility.
The native vegetation on this soil is mainly wheat-"
grass, sagebrush, and low rabbitbrush; however, all
areas of this soil are now in irrigated crops.
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slow permeability, high clay content, and shrink -swell
potential. Dwellings and roads can be designed to com-
pensate for the low strength and shrink -swell potential.
Septic tank absorption fields are severely limited by slow
permeability. Community sewage disposal systems will
be needed if population density increases.
This soil is in capability subclasses Ille, irrigated, and
IVc, nonirrigated.
30—Heldt clay loam, 6 to 12 percent slopes. This;
deep, well drained, moderately sloping to rolling soil is
on alluvial fans and sides of valleys. Elevation ranges
from 5,000 to 6,000 feet. This soil formed in fine textured
alluvium derived from shale and sandstone. The average
annual precipitation is about 14 inches, the average
annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is grayish brown clay loam •
about 8 inches thick. The subsoil is light brownish gray
clay loam about 13 inches thick. The substratum is light
gray clay to a depth of 60 inches.
Included with this soil in mapping are small areas of;
Olney, Arvada, and Kim soils that have slopes of 6 to 12
percent. These areas make up about 5 to 10 percent of
the map unit.
Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for irrigated hay (fig. 6) and
grazing. Some small areas are in irrigated crops. Alfalfa,
small grains, and grass or grass -legume mixtures are
grown.
Flooding is suitable for irrigating this soil. The intake
rate is slow. Wide, deep cracks form when the soil dries.
Irrigation and tillage practices should be carefully
planned to overcome soil conditions and to control ero-
sion. Erosion can be controlled by keeping the soil in
hay or pasture for at least three-fourths of the time.
Green manure crops and fertilizer are generally needed
to maintain or improve tilth and fertility.
The native vegetation on this soil is mainly wheat -
grass, sagebrush, and rabbitbrush.
'When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
22 •
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slope, slow permeability, high clay content, and shrink -
swell potential. Dwellings and roads can be designed to
compensate for the low strength and shrink -swell poten-
tial. Septic tank absorption fields are severely limited by
slow permeability. Community sewage disposal systems
will be needed if population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
31—Heldt clay loam, 12 to 25 percent slopes. This
deep, well drained, moderately steep to hilly soil is on
alluvial fans and sides of valleys. Elevation ranges from
5,000 to 6,000 feet. This soil formed in fine textured
alluvium derived from shale and sandstone. The average
annual precipitation is about 14 inches, the average
annual air temperature is about 48 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is grayish brown clay loam
about 8 inches thick. The subsoil is light brownish gray
clay loam about 13 inches thick. The substratum islight
gray clay to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Arvada, and Kim soils that have slopes of 12 to
25 percent. These areas make up about 5 to 10 percent
.of the map unit.
Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
moderate_
This soil is used mainly for grazing and wildlife habitat.
Small areas are used for grass hay or irrigated pasture.
The native vegetation on this soil is mainly wheat -
grass, sagebrush, and rabbitbrush.
When range condition deteriorates, forbs and woody
shrubs increase. When the range is in poor condition,
undesirable weeds and annual plants are numerous.
Properly managing grazing maintains and improves
range condition. Reducing brush improves the range.
Seeding improves the range in the more gently sloping
areas if it is in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slope, slow permeability, high clay content, and shrink -
swell potential. Dwellings and roac
compensate for the low strength
tial. Septic tank absorption fields
slow permeability. Community sen
will be needed if population density
This soil is in capability subcl
32—Holderness Variant clay k
slopes. This deep, well drained,
hilly soil is on alluvial fans and si;
Elevation ranges from 6,500 to
formed in fine textured sediment d
sandstone. The average annual pr
inches, the average annual air ter
degrees F, and the average frost -f
days.
Typically, the surface layer is gri
about 11 inches thick. The subso
light brownish gray clay about 41
stratum is light brownish gray, caic
depth of 60 inches.
Included with this soil in mappir
Dollard and Tanna soils that have
25 percent. These areas make up
of the map unit.
Permeability is slow, and availa
high. Effective rooting depth is 60
face runoff is medium, and the en
This soil is used mainly for grazi
are in irrigated pasture and hay.
Flooding is the usual method of
easily compacted by machinery or
water slowly.
The native vegetation on this
grass, needlegrass, and sagebrush.
When range condition deteriorai
increase. When the range is in poc
ble weeds and annual plants al.(
managing graaing maintains and im
ducing brush improves the rang
range in poor condition. Western v‘
wheatgrass, and big bluegrass are
Preparing a seedbed and drilling
practices.
Mule deer, cottontail rabbit, and c
tat on this soil.
Use of this soil for community dt
source of construction material is
content, high shrink -swell potentia
steep slopes. Roads and dwellings
to reduce shrinking and swelling an(
This soil is in capability subclass
Vle, nonirrigated.
33—Ildefonso stony loam, 6 to
This deep, well drained, moderately
on mesas, benches, and sides c
11
-:`,RM N0.
WELL CONSTRI TION AND TEST REPORT
STATE OF COLORADO, 1111IFICE OF THE STATE ENGINEER
fTWELL PERMIT NUMBER 170965
OWNER NAME(S) Brenda C. Slappey
Mailing Address 2628 Meadowlark Ave.
City, St. Zip Fart Collins CO 80526
F'one (s ) 23-5945
3. WELL LOCATION AS DRILLED: NE 1/4 NW 1/4, Sec. 25
DISTANCES FROM SEC. LINES:
4200 ft. from South Sec. line. and 3360
(north or south)
SUBDIVISION:
STREET ADDRESS AT WELL LOCATION: N/A
4.
GROUND SURFACE ELEVATION
DATE COMPLETED March 7,1994
ft.
i 5. GEOLOGIC LOG:
Depth Description of Materiel (Type. Size, Color, Water Location)
-2 Overburden
?-9 Red Clay
9=A, Alluvial Sand and Gravel
Water start tag at 30' thru 45
Fur (nos Uw unly
ft. from
Twp. 5 S , Range 91 w
East Sec. line. OR
(east or west)
LOT BLOCK FILING(UNIT)
DRILLING METHOD Air Rotary DHD
TOTAL DEPTH ' 45 ft. DEPTH COMPLETED 45
REMARKS:
6. HOLE DIAM. (in.) From (It)
61" 15'
5-511/8" 25
To (ft)
15'
25
45'
7. PLAIN CASING
OD (in) Kind Wal SiT f�
ze F gm(ft) )
7" Steel .�31
Steel . z03 —+-1--'-- 45'
PVC 200 NSI ._ 40'
PERF. CASING: Screen Slot Size: 1/ 8 x 4t
PVC 200 PSI 4G' 45`
8. FILTER PACK:
Material None
Size
Interval
9. PACKER PLACEMENT:
Type None
Depth
10. GROUTING RECORD:
Material Amount Density Interval Placement
Grout 4501b 21-,/100 21'to9' Hand
DISINFECTION: T •e Li euid Bleach
Amt. Used
cups
TESTING METHOD
12. WELL TEST DATA:0
Check box if Test Data is submitted on Supplemental Form.
_ Bailer
Static Level 32 ft Date/Time measured �7 �q4 1 L
Pumping level ft. Date/Time measured --' hrs .Production Rate 8 gpm.
Remarks ____, Test length (hrs.)
. 13. 1 have read the statements made herein and know the contents thereof. and that they are true to my knowledge. (Pursuant to
I. 0l Islas statements herein constitutes
perjury in the second degree and is punishable as a alas* 1 misdemeanor,) Section ZI 1.101 (1�)(a) CAL, the making'
NTRACTOR Blue Sky Drilling, Inc.
Mailing Address P 0 Box 136 S i t t -L-J g ,7- Phone 3( 03) g76- 2895 Uc. No.1235
Ne me/dltleGnsc ie type or print)
Secretary/Treasurer Driller
Signatt re
raeaser•a/
Date
WRJ-?5.75_
TYPE OR
PRINT IN BLACK INK.
r^2Y OF ACCEPTED
rEMENT MAILED
QUEST.
.) 11 V
. LA., f_
i LL)
_ DECEIVED
C_ OLORA�O DIVISION OF WA ;R.--7-7,-,110
A{E�'��3; ;,ACES 1 7 1
x'818 Centennial Bldg., 13 1,5h'erman St..c�%• ibR R
Denver, Colorodo 1, (,)r ` <'IG"� N 4 1986
203 r t ... INDIA :roffR gE9pl!
E OF COLORADO . : `�°ST gFFIDAwITE �
co
STATE
COUNTY OF
3 vi lit
j ! ItI �1
40
STATEMENT OF BENEFICIAL USB OF.,GROUN
AMENDMENT OF EXISTING RECORD "�=is
`y`
!.5
X ' LATE REGISTRATION
'41790� PERMIT NUf �Efi � 4645.3'
1.1. roito,;�al,ar^t •'r
THE AFFIANT(S) /rvJsc// r if/o, c L�,4r,,,�,hd Count
whose mailin I.,II ;... rt, 1,
;
g !Tr.! , 1, � , Y
UM
,2Urolc
(VISION COPY
ll.l 'lit il.t 0. ;,t ,;}, �1
1 i43,1'44 3117 10 $ 94r(.� A,iii y.i ;
LOCATION OF WELL
address is 2907
7" N / 1, of the
C
0
City Oe"loyOr
80127
IZIPI
Twp. IN ON sl R^9'
being duly sworn upon ooti h, deposes I and soys that, he (they) is.(are) the owner(s) of the well described hereon; the well is
i
locoted as described above, at distances of /17) feet from the
I
section line;
&( IT ON *IIT)
day of 19''9
; the moximum sustained pumpingtate of the well is , 4 5.- gallons per minute, the pumping
V4, Section 1 S'
9 / W 61'4 P M
I 011 W 11'
INONTN O. SOUTNI
section line and
0
feet from the
water from this well was first applied to a beneficiol use for the purpose(s) described herein on the
claimed hereby2
is . gallons per minute) the total depth of the well is 41.0
of water to be diverted is "72-. acre-feet; for which claim is hereby mode for
feet; the overage onnuol amount
purpose(s); the legal description of the land on which the.woter f om this
are". J
ell is used is
/ei. c11 j
acres are irrigated and which is illustrloted on the mop on the revorse 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 low; he
(they) has (hove) read the statementsmade hereon; knows the content thereof; and that the some ore true of his (their) knowledge.
COMPLETE REVERSE SIDE OF THIS FORM)
of which
Signature(s)
Subscribed and sworn
to before me on this _
L,L.(ct 3
My Commission expires:
I s 1 a.'
NOT4PV PUOLIC
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
PURSUANT TO THE FOLLOWING CONDITIONS:
'IN ACCORDANCE WITH C.R.S. 37-92-602(5) FOR HISTORIC
'E AS INDDICATED BELOW AND DESCRIBED IN C.R.S.
—92-60211)(e).
25 GPM OR 8S AND USED FOR
RY H USRHOLD PURPOSES IN 2 SINGLE FAMILY
FEEING S 'POULTRY,
PROTECTION, THE WATERING OF DOMESTIC
IMALS MN POULTRY AND THE IRRIGATION OF NOT OVER 1
'RE OF HOME GARDENS AND LAWNS. ‘N rw6
DEC 16 1986'
DATE
STA ),c. E 7Giti.fi;
•. 1
BRENDA C. SLAPPEY
2027 - 245 ROAD
NEW CASTLE, CO 81647
PHONE 970-984-2353
June 20, 1996
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY COLORADO
GLENWOOD SPRINGS, CO 81601
Re: Petition for Exemption
Dear Sirs:
Please accept this letter and accompanying application as my petition to exempt by
Resolution the division of a 12.1 acre tract of land into 2 tracts of approximately 9.35
acres and 2.75 acres each, 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 following
reasons:
To create two homesites as the tract is split by a natural feature. Specifically, a gully
created by drainage from the County Road 245 right of way and adjacent irrigation
ditch and running through the property from East to West into East Elk Creek. Said
gully prevents the efficient joint use of the properties.
Both sites have separate improved access to County Road 245, domestic water
systems, electrical and telephone service, and both are served by separate septic tank
systems.
Your consideration of this petition will be greatly appreciated.
Sincerely,
3,,..fi, c
Brenda C. Slappey
encl: Petition for Exemption and attachments
••
BRENDA C. SLAPPEY
2027 - 245 ROAD
NEW CASTLE, CO 81647
PHONE 970-984-2353
June 20, 1996
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY COLORADO
GLENWOOD SPRINGS, CO 81601
Re: Petition for Exemption
Dear Sirs:
Please accept this letter and accompanying application as my petition to exempt by
Resolution the division of a 12.1 acre tract of land into 2 tracts of approximately 9.35
acres and 2.75 acres each, 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 following
reasons:
To create two homesites as the tract is split by a natural feature. Specifically, a gully
created by drainage from the County Road 245 right of way and adjacent irrigation
ditch and running through the property from East to West into East Elk Creek. Said
gully prevents the efficient joint use of the properties.
Both sites have separate improved access to County Road 245, domestic water
systems, electrical and telephone service, and both are served by separate septic tank
systems.
Your consideration of this petition will be greatly appreciated.
Sincerely,
C.
Brenda C. Slappey
encl: Petition for Exemption and attachments
2027 245 ROAD
PROPERTY OWNERS WITHIN 200 FEET
WALKER, WILLIAM DECOURCY & JUDITH LEE
P. O. BOX 1278
BASALT, C0 81621
PARCEL # 2125 252 01 001
HUBER, WALTER & VIOLA L.
1793 - 245 ROAD
NEW CASTLE, CO 81647
PARCEL # 2125 252 00 132
ZIMI 'IERER, RICHARD & JANE
P. O. BOX 345
NEW CASTLE, CO 81647
PARCEL # 2125 252 01 081
BRANNAN PROPERTIES, INC.
214 8TH ST SUITE 300
GLENWOOD SPRINGS, C0 81601
PARCEL # 2125 252 00 019
BOND, DARREL & JOAN
P.O. BOX 94
RIFLE, CO 81625
PARCEL # 2125 252 01 002
MAYO, ROBERT & NAOMI
2095 - 245 ROAD
NEW CASTLE, CO 81647
PARCEL # 2125 252 00 103
PA���
o o i< /eoG /J 0is`n4
show/N�, Nou t �1
A GGE55 LA aE To
Zi 1E,wr
#' Z
L// / Fi WEST-'
/a Crc.E5.5 LA'c /''/
/=oRc 6r2ovi✓b.
e-:7)L_L y Loo/</A-)
4-7-A 5T ,47- ou0.+7`/
RdAD 2- s 'Ai�t+T
6LJ L L 7+7- Co U# TY
2- 4 S- cAl(-714"-r-
L_DoH.hu
0 Az,
F
- L.- 4, l< p-1
LJ E sr f ---its rIA Co "Jry
RoAD 7"N 1Z1(11-k--i-
nT-
6 I) L.
L. '1 171:A 0 /LA 1A.)557"
Ib e:— o 0 t.>
To L,3 2t) CZ Nrri
-Poi
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbott - Chairman
Joe Montover
Sean Mello
Tom Voight
Gordon Witzke
t - ,I
litiN 25 19%
Don Zordel - Chief
Stu Cerise - Assist. Chief
June 21, 1996
To Whom It May Concern:
This is to inform you that the property located at 2027 - 245 Road, T6S R91W Section
25, NE1/4 of NW 1/4 is within the Burning Mountains Fire Protection District and we
do provide fire protection to same.
Sincerely,
Donald L. Zordel, Chief
Burning Mtn. FPD
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbots - Chairman
Joe Montover
Sean Mello
Tom Voight
Gordon Witzke
Don Zordel - Chief
Stu Cerise - Assist, Chief
June 21, 1996
To Whom It May Concern:
This is to inform you that the property located at 2027 - 245 Road, T6S R91W Section
25, NE1/4 of NW 1/4 is within the Burning Mountains Fire Protection District and we
do provide fire protection to same.
Sincerely,
41)/4 -
Donald L. Zordel, Chief
Burning Mtn. FPD
GARFIELD COUNTY
Building and Planning
July 11, 1996
Ms. Brenda Slappey
2027 County Road 245
New Castle, CO 81647
RE: Subdivision Exemption Application
Dear Ms. Slappey,
Your application for a Subdivision Exemption has been scheduled for a public meeting before the
Board of County Commissioners on August 12, 1996 at 2:00 p.m. in the Commissioners Meeting
Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It
is suggested that you be present at the time of the meeting.
Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to
all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than
30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt
to owners of mineral rights, or lessees of mineral owners of record of the land proposed for
exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of
mailing and return -receipts from these mailings need to be presented at the time of the meeting or
submitted to the Planning Department prior to the meeting. The exemption site must also be posted
with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30
days, prior to the meeting. Please examine all enclosures to verify their accuracy.
If you have further questions or concerns regarding the meeting or public notice requirements, please
contact this office.
Sincerely,
�lL
Eric D. McCafferty
Garfield County Planner
Enclosures
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, CO 81601
PUBLIC NOTICE
TAKE NOTICE that BRENDA SLAPPEY has applied to the Board of County Commissioners,
Garfield County, State of Colorado, to grant a Subdivision 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: Located approximately two (2) miles north of New Castle on County Road
245.
Said subdivision exemption is to allow the petitioner to divide a 12.1 acre tract into two (2) parcels
of 9.35 and 2.75 acres each in size, more or less, on the above described property.
All persons affected by the proposed subdivision exemption are invited to appear and state their
views, protests 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 subdivision exemption
request, as the Board of County Commissioners will give consideration to the comments of
surrounding property owners and others affected in deciding whether to grant or deny the request for
the subdivision exemption. This subdivision exemption application may be reviewed at the office of
the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse,
Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon, and 1:00 p.m. and 4:00
p.m., Monday through Friday.
That public meeting on the application for the above subdivision exemption request has been set for
the 12th day of August, 1996, at the hour of 2:00 p.m., at the office of the Board of County
Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs,
Colorado.
Planning Department
Garfield County
P-408 05/19/95 04:22P PG 2 OF 3
EXHIBIT A
A PARCEL OF LAND SITUATED IN THE E1/2NW1/4 OF SECTION 25,
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, LYING EASTERLY OF THE EAST ELK CREEK CENTERLINE AND
SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY
ROAD NO. 245 IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 25, A
REBAR AND CAP IN PLACE;
THENCE S. 18 DEGREES 57' 53" W. 1212.03 FEET TO A POINT ON
SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO BEING A POINT ON A LANE
CENTERLINE, THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY, S. 60 DEGREES 06'03"
W. 663.57 FEET ALONG SAID LANE CENTERLINE;
THENCE S. 55 DEGREES 41' 19" W. 85.29 FEET ALONG SAID LANE
CENTERLINE TO A POINT ON THE CENTERLINE OF SAID CREEK;
THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING
COURSES AND DISTANCES:
N. 25 DEGREES 26' 55" W.
40 DEGREES 46'
15 DEGREES 07'
63 DEGREES 27'
11 DEGREES 23'
38 DEGREES 27'
64 DEGREES 52'
34 DEGREES 29'
15 LEGREES 06'
15 DEGREES 25'
THENCE N. 39 DEGREES 39'
THENCE N. 14 DEGREES 26'
THENCE N. 09 DEGREES 24'
THENCE N. 10 DEGREES 53'
THENCE N.
THENCE N.
THENCE N.
THENCE N.
THENCE N.
THENCE N.
THENCE N.
THENCE N.
THENCE N.
101
03"
25"
45"
24"
30"
37"
28"
27"
51"
52" E.
17" E.
53" W.
28" E.
.86 FEET;
W. 39.65 FEET;
E. 232.64 FEET;
E. 211.82 FEET;
E. 70.20 FEET;
W. 86.80 FEET;
W. 161.99 FEET;
W. 90.40 FEET'
W. 167.31 FEET;
E. 69.40 FEET;
131.00 FEET;
201.28 FEET;
123.56 FEET;
124.04 FEET TO A POINT
SOUTHWESTERLY SIDE OF SAID COUNTY ROAD RIGHT-OF-WAY;
THENCE LEAVING SAID CREEK CENTERLINE, ALONG THE COUNTY
RIGHT-OF-WAY, THE FOLLOWING COURSES AND DISTANCES:
N. 87 DEGREES 34' 23" E. 12.96 FEET;
THENCE 137.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 161.94 FEET AND A CHORD OF WHICH BEARS: S. 68
DEGREES 02' 36" E. 133.71 FEET;
THENCE 374.50 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADUIS OF 442.14 FEET AND A CHORD OF WHICH BEARS: S. 19
DEGREES 23' 39" E. 363.41 FEET;
THENCE 331.43 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 496.42 FEET AND CHORD OF WHICH BEARS: S. 14 DEGREES 15'
18" E. 325.30 FEET;
THENCE S. 33 DEGREES 22' 53" E. 104.36 FEET;
THENCE 41.55 FEET ALONG A CURVE TO THE LEFT,
OF 800.55 FEET AND CHORD OF WHICH BEARS: S.
05" E. 41.54 FEET;
THENCE S. 36 DEGREES 21' 18" E. 143.91 FEET
THENCE 187.87 FEET ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 622.38 FEET AND CHORD OF WHICH BEARS: S. 27
DEGREES 42' 26" E. 187.16 FEET TO THE TRUE POINT OF
ON THE
ROAD
HAVING A RADIUS
34 DEGREES 52'
TAK NOTICE
That (Z W'Drq t PP CV
ha pplied to the
'15-o402.0 of LO��-r 11am's-tics/0.16'gs
Garfield, County
pursuant to Cbt4tvii/
S c. ior/ S:OCA - 2�-i�'LP
S01401Oil. "1 VON S
to allow :
Vic,/ 91soclot4 � C-r� rE/`/PTio.J OF l4 /2.1 i'rcite
/,J To 9,4a-cas OF Z.15" i4r D 9,35
/Licit -Es ‘0444-44
on this property.
A public 11 r//✓G on this ap I cation
be helpyn the C i 15S/o,*JJ / ?iNG
T
M � Iu N? t� rL F�G �t i (a
� � I
Glenwood Springs, Colorado
4461/1S -r l 2, /1'96
on
(date)
at
2:ov ro,iA
( time)
Date Notice Was Posted :
By:
For addition 'nformation, contact the
CZ u w -r,/ /4/4114 6 V‘*rir,
at 94'iiiz or 109,i21100i4iC , 109 8th St.
Suite 303 , Glenwood Springs, CO 81601
Slappey 8/12/96
f� si 6u5 744,£2 -re , s a
12 acre tract is located two miles north of new Castle on the west side of CR 245. East Elk
Creek flows across the tract and forms the western border. The tract slopes at gentle angles from the
county road to the creek and the tract has two existing single family dwellings. There is a small gully
located on the southern portion of the tract.
The tract is located in an area that has historically been devoted to agriculture; however, the area is
transitioning to more intensive land uses.
The applicants are proposing to divide, by exemption, the 12 acre tract into two parcels of 2.75 and
9.35 acres each, with an existing residence located on each tract.
Recently, in October of'93, a SUP for a guest house was approved by the Board, which essentially
allowed the petitioners to use the existing cabin on the southern portion of the tract as the guest
house and construct a new dwelling on the northern portion. Additionally, this petition was filed
prior to the recently approved subdivision regulation changes that rescinded the natural feature
criteria and is therefore being considered under that, now rescinded, criteria.
Section 8 of the subdivision regulations and, more specifically section 8:10, gives the Board
discretionary authority to exempt a division of land from the full application of the subdivision
regulations if, in the Board's discretion, the exemption would not impair or defeat the stated purpose
of the regulations nor be detrimental to the general welfare. Furthermore, section 8:52 (A) allows
the Board to consider an exemption based on the presence of a natural feature that prevents joint use
of the proposed tracts, as is being requested.
Staff has researched a portion of the history of the subject tract and it appears this tract was one of
six tracts created from a larger tract in 1973. Therefore, this request does not qualify for the
"regular" exemption. On August 1, I visited the site to directly observe the natural feature in
question. At this time, I estimated that at its most pronounced point near the county road, the feature
was approx. 6 feet deep and 40 feet wide. Approx. 50 feet to the west, the feature becomes nothing
more than a shallow depression that in staffs opinion, does not prevent joint use of the tract.
The tract is within the a/r/rd zone district and both proposed lots are in excess of the 2 acre minimum
lot size requirement.
The water supply for the lots would come from two existing wells. The guest house is currently
served by a shared well that has been permitted and a sharing agreement is in place. The principal
dwelling is served by a separate, household use only well that has also been permitted. In the event
this request is approved, the water supply would remain the same.
Both dwelling units are served by existing, individual sewage disposal systems. If any further
development were to occur, it should be noted that according to the soil conservation service, the
soils are limited by shrink -swell potential and slow permeability.
Access to the lots would remain as it currently does, the guest house is served by a shared driveway
and the primary dwelling is accessed by an individual driveway.
The burning mountains fire protection district has submitted a letter stating the tract is within its
district and does provide fire protection to the tract.
If approved, all required easements must be shown on an exemption plat and if any additional
residential construction should occur on either parcel, then the building permit applicant would be
required to contribute to a road impact fee, if one is in place and to the school impact fee.
Based on this analysis and the site investigation, it is staffs opinion this request does not conform with
Section 8:10 or Section 8:52 (A) of the subdivision regulations and recommends denial of the request.
2,0v R � —"
t� U
1 That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, access to a public right-of-way, and any proposed
easements for setbacks, drainage, irrigation, access or utilities.
3 That the applicant shall have 120 days to present a plat to the Commissioners for signature,
from the date of approval of the exemption. The Board may grant extensions of up to one
(1) year from the original date of approval.
4. That if further residential construction occurs, then the building permit applicant shall submit
$200.00, in School Impact Fees for the affected parcel(s).
That the following plat notes be included:
"Soil conditions on the site may require engineered septic systems and building foundations.
Site specific percolation tests at the time of building permit submittal shall determine specific
ISDS needs on the site."
"The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate
modification to recognize the increased rate of fire spread at sloped sites. The methodology
described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural
Homeowners," (Colorado State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in areas exceeding
five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots created
by this exemption shall be subject to paying the fees, paid at time of building permit
application, paid by the building permit applicant, if further residential construction occurs."
"The individual lot owners shall be responsible for the control of noxious weeds."
6. That the recording fees for the exemption plat and all associated documents be paid to the
County Clerk and Recorder prior to the signing of a Final Plat by the Board of County
Commissioners and a copy of the receipt be provided to the Planning Department.
7. That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
W7/0/x. 71/60,v) CILL/ /1°Z C.- Ze, -r-
St'l" ff c, "Cr- 16-1 /kms ✓ es' o S A Le F
2125-252-00-025
PARCEL NUMBER
40
2. t• 5-
5-91
Sec. 25: EN, SWNW, SWNW, NESW
TOTAL 180 Ac.
• . .
•
T7b 12 ,PILLE2. 450
1)A•-rt.7-0 icy( 4, 1'473
'1
3z‘
5 7.
•
•
BOOK
PAGE
DATEKIND
OF
INSTRUMENT
REMARKS .
GRANTEE
7
r
'
'' :DA
450
326
•s . e. CO „, 1.- .
s o -7 s: 4 i_ (
/1 st-_)
:/L/
,--,7
5/ .,-,
1
(
453
59
...as-
...--0 O •-• IMP
7
— 0 — AP
3
/
- 2...S Z1
- 0 0 -
7 4
€9/
-v
-
i - o 0 -
7 C•
,/..
00 - Aik
•
T7b 12 ,PILLE2. 450
1)A•-rt.7-0 icy( 4, 1'473
'1
3z‘
5 7.
•
•