Loading...
HomeMy WebLinkAbout1.0 Applicationr • 4 • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION____FOREXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned/0,/es G. 12pp, «.ti,o1 Jcwef C ppspectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of .2.D.3l� acre tract of land into.� tracts of approximately S,A"- /5.3(pacres 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 reasons stated below: ---t.,,c (G se4___< H 1 SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be creatd, access to a public right-of-way, and any eproposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1" topographic and geographic relation of the showingpsd exemption general topographic the surroundingarea within two (2) miles, fo�swhich eapf U.S.G.S. q quadrangle map may be used. copy of C. Copy of the deed showing ownership by the applicant, or a letter D. from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of conversion; and any structure proposed for E. F. Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of G. fire protection plan from appropriate fire district; and If connection to a community or municipal water or sewer system willingness to serve; and is proposed, a letter from the governing body stating a 11. I. Narrative explaining why exemption is being requested; and It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists not more than three parcels created from a laegeert a is one iof t existed on January 1, 1973. g Parcel as t J. A $100.00 fee must be submitted wit a.,pPlis tion. Petitioner /5/7 Mailing Adress City State / __ 985/ ` /z`47/ Telephone Number 1,2A. • • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a pat -t of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. A11 Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. • C. Notice of the public meeting shall be mailed by c t'f' dma, rturn receipt requested, to owners of record of land immediatelyladjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs an Division. A11 notices shall be mailed at least lfifteen (15)Pandninnot more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. Recorded 10 : o'clock. A M., Dee. 11� 9 67 Reception No 239689 Chas. S. Keegan THIS DEED, Made this 5th day of December in the year of our Lord one thousand nine hundred and Sixty-seven between ELZIE J. RIPPY also known as E. J. RIPPY of the County of Garfield and State of Colorado, of the first part, and of the EARLS'? D. RIPPY and JANET GAIL RIPPY County of Garfield Recorder. Book 390 Pare 567 STATE DOCUMENTARY FEE u:c -t1 ►ab/ and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the awn of Ten Dollars and other valuable consideration DOLfA-R$; to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado,to-wit: A tract of land located in the SE'�NEk of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or less, and described as follows: Beginning at Corner No. 1, a point whence the Ez corner to said Sec. 33 bears S. 80°30'00" E., 379.99 feet; thence to Corner No. 2, N. 26°12'9" West 132.13 feet; thence to Corner No. 3, N. 18°23'00" W. 94.69 feet; thence to Corner No. 4, N. 08°59'00" W. 276.62 feet; thence to Corner Nu. 5, N. 18°44'17" E. 38.86 feet; thence to Corner No. 6, N. 21°45'00" W. 78.91 feet; thence to Corner No. 7, N. 08°37'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9.26 feet; thence to Corner No. 9, N. 52°48'11' W. 152.99 feet; thence to Corner No. 10, N. 41°38'55' W. 203.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248.69 feet; thence to Corner No. 12, N. 15°44'21" W. 123.58 feet; thence to Corner No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, S. 00°44'24" ' E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 1, the point of beginning, N. 72°54'17' E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch, being Ditch No. 91A in the decrees of the District Court of Garfield County` Colorado in Water District No. 39 in the State of Colorado, being 0.5 cubic feel 1 of water per second of time out of Priority No. 210 thereunto awarded and 0.3 I� cubic feet of water per second of time out of Priority No. 213A thereunto awarded, and together with an easement or right-of-way from a shed located at Corner No. 7 hereinabove referred to, and extending easterly 6u0 feet, more or less, for the maintenance of a pipeline and cistern and to haul water to the same; reserving unto the grantor herein an undivided one-half (2) interest in and to all minerals and mineral rights of every kind or character, together with the right of ingress and egress for the purpose of mining for and removing the same, and reserving also an easement or right-of-way 40 feet: in width off the West side of the tract above described, and from Corner No. 13 to Corner No. 14 above referred to for road and utility purposes of every nature. * - Together with the corresponding carriage rights in said ditch. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—To Joint Tenant, --Bradford-Rubinson Printing Company, 1824-4G Stout Street, Denver, Colo: ,Ado Reoorded af2' a6 o'clock Reception No. M. DEC 3 0 1986 ._ LEICED AL SOCRF RECORDERS S lARti=1E1.D COUNTY, CMOS/. 9 ''. QUIT CLAIM DEED 7'92 P'r E 461. DEC 111986 S tate Doc. Fee THIS DEED, made this 30th day of December, 1986, between E.J. RIPPY AND JANEY D. RIPPY of the County of Garfield and State of Colorado, Grantors, and HARLEY DOW RIPPY, SR. and JANET G. RIPPY, as joint tenants, whose legal address is 1517 - 240 Road, Glenwood Springs , of the County of Garfield and State of Colorado, Grantees, WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: An undivided one-half interest of the NWiSEi and SESEi, Section 28 and the E}NEi of Section 33, Township 5 South, Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded as Reception No. 239689 in Book 390 at Page 567 of the Garfield County records, which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence the East quarter corner of Section 33 bears South 80°30' East 379.99 feet, thence North 26°12'9" West 132.13 feet, thence North 18°23' West 94.69 feet, thence North 8°59' West 276.62 feet, thence North 18°44'17" East 38.86 feet, thence North 21°45' West 78.91 feet, thence North 08°37'18" West 66.85 feet, thence North 70°45'16" West 9.20 feet, thence North 52°48'11" West 152.99 feet, thence North 41°38'55" West 208.47 feet, thence North 24°39'27" West 248.69 feet, thence North 15°44'21" West 123.58 feet to the North line of said SEiNEi. TOGETHER WITH all water and water rights and ditch and ditch rights appurtenant to said property. 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 Grantor, either in law or equity, to the use and benefit of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss l� r/(t E.J. Ri py rilj-11 Rippy The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, this 30th day of December, 1986, by E.J. Rippy and Janey D. Rippy. WITNESS my hand and official seal. commission expires: 4/12/88 r_. Notary Public Recoil at I o� 0 o'clock—e.---M. Reception No. a 'E31..2MILDRED ALSDORF, RECORDER FIEi_D ;;OUNTY, COLORADO BP^K 703 P.tf,I594 14 1 QUIT CLAIM DEED GARFIELD JAN14 187 JAN Doc. Fee $ THIS DEED, made this 2nd day of January, 1987, between E.J. RIPPY AND JANEY D. RIPPY of the County of Garfield and State of Colorado, Grantors, and HARLEY DOW RIPPY, SR. and JANET G. RIPPY, as joint tenants, whose legal address is 1517 - 240 Road. Glenwood Springs - , of the County of Garfield and State of Colorado, Grantees, WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: An undivided one-half interest of the NWiSEi and SEiSEk, Section 28 and the EiNEi of Section 33, Township 5 South, Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded as Reception No. 239689 in Book 390 at Page 567 of the Garfield County records, which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence the East quarter corner of Section 33 bears South 80°30' East 379.99 feet, thence North 26°12'9" West 132.1.3 feet, thence North 18°23' West 94.69 feet, thence North 8°59' West 276.62 feet, thence North 18°44'17" East 38.86 feet, thence North 21°45' West 78.91 feet, thence North 08°37'18" West 66.85 feet, thence North 70°45'16" West 9.20 feet, thence North 52°48'11" West 152.99 feet, thence North 41°38'55" West 208.47 feet, thence North 24°39'27" West 248.69 feet, thence North 15°44'21" West 123.58 feet to the North line of said SEiNEi. TOGETHER WITH all water and water rights and ditch and ditch rights appurtenant to said property. 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 Grantor, either in law or equity, to the use and benefit of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS E.J. Ri y ney D Rippy The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, this 2nd day of January, 1987, by E.J. Rippy and Janey D. Rippy. WITNESS my hand and official seal. My commission expires: 4/12/88 Notary Public ,Rev. 76 - • COLORZ4DO DIVISION OF WATEROOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. R-;ECEIVED PERMIT APPLICATION FORM must ()() A PERMIT TO USE GROUND WATER (%) A PERMIT TO CONSTRUCT A WELL 'WER R`500FOR: (XI A PERMIT TO INSTALL A PUMP CTit,t - ENCil?tEF.lt GEP 2 1 1987 ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO RECEIVED •SEP 1 1 1987 j WATER RESOD CtSC E) ,1C C_ SUIE EAGIKEER 09-11—B7 12:12146. SEF' 2 8 19' 032472 60.00 IltgoDE) Pflftl1 iI II -1 , WATER RES011RC _ _ ` (1) APPLICANT - mailing address NAME a -,r. k4-1 D tl t ppy STREET /.5— H° A'44. CITY (2;IOft. .�71076 ¢6, Tco Q (State) TELEPHONE NO 003) 0,1' (Zip) (2) LOCATION OF PROPOSED WELL County,, (. ,r fie -14 ,51 rt. Y. of the - Plc Section 33 Twp. :i �3', Rng. q0 N.S) 1,V. E,WI P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): 9� " /sv Aquifer ground water is to be obtained from: Owner's well designation Rppy-1 GROUND WATER TO BE USED FOR: (X) HOUSEHOLD USE ONLY - no irrigation (0) USTRIAL (5) 9. )Y47 ( )1 LIVESTOCK ) MESTIC ESTOCK1(2) ( ) IRRIGATION I GATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (91 DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Spt.c)4I y D11 Hin`•j 1115 Em A v. Q 4- Wel I Wiz;-u,'c Si /f Co (State) 91C0-6":1- Telephone 91(052 Telephone No. 517 to M.'"/(-) '?/O Lic. No. (Zip) "Aitk. FOR OFFICE USE ONLY: DO NOVch/RITE+N THIS COLUMN �j 9 GL -1 1A9995 Receipt No. 7? Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO CRS 37-92-602 (3)(b)(II) AS THE ONLY WELL ON A RESIDENTIAL SITE OF 2-0,-Z ACRES DESCRIBED AS P,/7,—OF MI6 /, Sic. 3J3 7 5 5,, / 9 0401 e -f 2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A SINGLE FAMILY DWELLING, AND SHALL NOT BE USED OUTSIDE THE HOUSE FOR ANY PURPOSE. THE RETURN FLOW FROM THE USE OF THE WELL MUST BE THRU AN INDIVIDUAL WA.STE WATER DISPOSAL SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED..2 '. 9-25 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 1./195 ('; SEP 30 1987 EXPIRAT ON DATE SEP 3 0 19Bt3 BY I.D. (STATE ENGINEER) COUNTY .1 r-}- — -}- — -}- — -}- — -+- — -(-- -- --}- — -I- -� ,• k 1 MILE, 5280 FEET --)t•l ti LOCATION OF THROPOSED WELL and the area on rich •the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. I r: 1 NORTH SECTION LINE + I � NORTH �-I- w m ? D J N I z O mcnn W us -i- `" + m II T - T - --F- ,(E X SOUTH SECTION LINE � WELL MUST BE LQCATED BELOW i ances from section lines. zce nor 1--\ N , L• E1' ' t , ft. from sec. linA" (north a�+south) ft. from sec. line (east or west) LOT SUBDIVISION BLOCK FILING n (7) TRACT ON WHICH WELL WILL BE LOCATED Owner NGrlcy Pippy N A R. No. of acres - _ZO, 3[., •=1.-19'21 Will this he the only well on this tract? -�- J - -a-- 4 -I- -i- - {- - -}- — -}- — - — -+- — +- — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (8) PROPOSED CASING PROGRAM Plain Casing t 2 S/8, in from 0 ft to / 3 O ft in from ft to ft Perforated casing 67 5, in. from / 3C' ft. to BSc-' ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Ids) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: lyor F\PPLICHt3LE (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): AYIt:M Q + ,lccrtn$tP / +.D.4. 9 s� IV P p. t'• `7 -.24/-S7 No. of acres: 0 ^20. �3i-' Legal description• . 'iy o f -0,e.,,----- 'Ai , 6e,_+,70 .33 , -rt.c p .5 S , F,'t,• 9G V/ ( P. IA , (11) IDETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 0;1 Iv, I+ . D -`f - Ii -5':7 I f ia:: 11 b e useci _-c-cr, a letcus e‘,64.1-......,....---._.- e, PrCnLsfci n�tc u� '�n Cltncl �ead.ie c lcl Ccc.vl� re 4., k, re C' ryt cn (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and ',Vater Court Case Numbers. Type or right D; Ilo�•, . . -k-k r i c- k fs (13) THE APPL,IGANT(S) ;STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE OF HIS KNOWLEDGE. Used for (purpose) f;e.Ick rr1c 0.T�cYl -F livc.stuc_ 6;sfc rr\ Description of land on which used cr2, d�r,c!T(A.-YaI SIGNATURE OF APPLICAAITIS) • Use additional sheets of paper if more space is required. I 1 1 1 i X CI :41i l 4 1 NORTH �-I- w m ? D J N I z O mcnn W us -i- `" + m II T - T - --F- ,(E X SOUTH SECTION LINE � WELL MUST BE LQCATED BELOW i ances from section lines. zce nor 1--\ N , L• E1' ' t , ft. from sec. linA" (north a�+south) ft. from sec. line (east or west) LOT SUBDIVISION BLOCK FILING n (7) TRACT ON WHICH WELL WILL BE LOCATED Owner NGrlcy Pippy N A R. No. of acres - _ZO, 3[., •=1.-19'21 Will this he the only well on this tract? -�- J - -a-- 4 -I- -i- - {- - -}- — -}- — - — -+- — +- — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (8) PROPOSED CASING PROGRAM Plain Casing t 2 S/8, in from 0 ft to / 3 O ft in from ft to ft Perforated casing 67 5, in. from / 3C' ft. to BSc-' ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Ids) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: lyor F\PPLICHt3LE (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): AYIt:M Q + ,lccrtn$tP / +.D.4. 9 s� IV P p. t'• `7 -.24/-S7 No. of acres: 0 ^20. �3i-' Legal description• . 'iy o f -0,e.,,----- 'Ai , 6e,_+,70 .33 , -rt.c p .5 S , F,'t,• 9G V/ ( P. IA , (11) IDETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 0;1 Iv, I+ . D -`f - Ii -5':7 I f ia:: 11 b e useci _-c-cr, a letcus e‘,64.1-......,....---._.- e, PrCnLsfci n�tc u� '�n Cltncl �ead.ie c lcl Ccc.vl� re 4., k, re C' ryt cn (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and ',Vater Court Case Numbers. Type or right D; Ilo�•, . . -k-k r i c- k fs (13) THE APPL,IGANT(S) ;STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE OF HIS KNOWLEDGE. Used for (purpose) f;e.Ick rr1c 0.T�cYl -F livc.stuc_ 6;sfc rr\ Description of land on which used cr2, d�r,c!T(A.-YaI SIGNATURE OF APPLICAAITIS) • Use additional sheets of paper if more space is required. Recorded 10:3-5 o'clock. A M., Dec. 11 '_ 9 67 239689 Chas. S. Keegan Reception No Book 390 Recorder. Paine 567 THIS DEED, Made this 5th day of December in the year of our Lord one thousand nine hundred and S ix ty - seven between ELZIE J. RIPPY also known as E. J. RIPPY of the County of Garfield and State of Colorado, of the first part, and BARLEY D. RIPPY and JANET GAIL RIPPY STATE DOCUMENTARY FEE tJk-L ii i'3b/ of the County of Gar f ie 1d and State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration DOLLi*9; to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and convoyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Coiorado,to-wit: A tract of land located in the SEkNE' of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or less, and described as follows: Beginning at Corner No. 1, a point whence the E1 corner to said Sec. 33 bears S. 80°30'00" E., 379.99 feet; thence to Corner No. 2, N. 26°12'9" West 132.13 feet; thence to Corner No. 3, N. 18°23'00" W. 94.69 feet; thence to Corner No. 4, N. 08°59'00" W. 276.62 feet; thence to Corner N. 5, N. 18°44'17" E. 38.86 feet; thence to Corner No. 6, N. 21°45'00" W. 78.91 feet; thence to Corner No. 7, N. 08°37'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9.26 feet; thence to Corner No. 9, N. 52°48'11' W. 152.99 feet; thence to Corner No. 10,.N. 41°38'55' W. 208.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248.69 feet; thence to -Corner No. 12, N. 15°44'21" W. 123.58 feet; thence to Corner No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, S. 00°44'24 E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 1, the point of beginning, N. 72°54'17' E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch, being Ditch No. 91A in the decrees of the District Court of Garfield Co Colorado in Water District No. 39 in the State of Colorado, being 0.5 cubic f' of water per second of time out of Priority No. 21U thereunto awarded and 0.3 cubic feet of water per second of time out of Priority No. 213A thereunto aw; and together with an easement or right-of-way from a shed located at Corner 7 hereinabove referred to, and extending easterly 6u0 feet, more or less, fc the maintenance of a pipeline and cistern and to haul water to the same; reserving unto the grantor herein an undivided one-half (2) interest in an( all minerals and mineral rights of every kind or character, together with right of ingress and egress for the purpose of mining for and removing the and reserving also an easement or right-of-way 40 feet in width off the W of the tract above described, and from Corner Nu. 13 to Corner No. 14 abc referred to for road and utility purposes of every nature. * - Together with the corresponding carriage rights in said ditch. • • PLANNING DEPARTMENT October 6, 1987 Miles and Teresa Rippy 1517 Co. Rd. 240 Glenwood Springs, CO 81601 Dear Mr. & Mrs. Rippy: Your application for exemption, located off of County Road 240, has been scheduled for a public meeting before the Board of County Commissioners on November 2, 1897, at 10:00 A.M., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th St., Glenwood Springs, CO 81601. It is suggested that you be represented 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 no less than 15 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, no less than 15 days prior to the meeting. The 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 be posted with the enclosed notice poster no later than 15 days prior to the meeting. These public notice requirements should be completed no later than October 17th to ensure compliance. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sincerely, Glenn Hartmann Planner GH/ljb Enclosure 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE Take Notice that Miles G. and Teresa A. Rippy have applied to the Board of County Conuntissioners, Garfield County, State of Colorado, to grant an exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description (location with respect to highway, County roads and residences): Located approximately 2 miles east of New Castle off of County Road 240. Said Exemption is to allow the Petitioner to divide a 20.36 acre parcel into two tracts of approximately 5 acres and 15.36 acres on the above described property. All persons affected by the proposed 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 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 Exemption. This 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 8:00 A.M. and 5:00 P.M., Monday through Friday. That a public meeting on the application for the above Exemption has been set for the 2nd day of November, 1987, at the hour of 10:00 A.M., at the office of the Board of County Commissioners, Garfield County Court House, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • EXHIBIT A A tract of land located in the SE2NEk of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or less, and described as follows: Beginning at Corner No. 1, a point whence the Ek corner to said Sec. 33 bears S. 80°30'00" E., 379.99 feet; thence to Corner No. 2, N. 26°12'9" West 132.13 feet; thence to Corner No. 3, N. 18°23'00" W. 94.69 feet; thence to Corner No. 4, N. 08°59'00" W. 276.62 feet; thence to Corner N. 5, N. 18°44'17" E. 38.86 feat; thence to Corner No. 6, N. 21°45'00" W. 78.91 feet; thence to Corner No. 7, N. 08°37'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9.26 feet; thence to Corner No. 9, N. 52°48'11' W. 152.99 feet; thence to Corner No. 10,.N. 41°38'55' W. 208.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248.69 feet; thence to Corner No. 12, N. 15°44'21" W. 123.58 feet; thence to Corner No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, S. 00°44'24" E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 1, the point of beginning, N. 72°54'17" E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch, being Ditch No. 91A in the decrees of the District Court of Garfield County Colorado in Water District No. 39 in the State of Colorado, being 0.5 cubic feet of water per second of time out of Priority No. 21U thereunto awarded and 0.3 cubic feet of water per second of time out of Priority No. 213A thereunto awarded, and together with an easement or right-of-way from a shed located at Corner No. 7 hereinabove referred to, and extending easterly 60U feet, more or less, for the maintenance of a pipeline and cistern and to haul water to the same; reserving unto the grantor herein an undivided one-half ('a) interest in and to all minerals and mineral rights of every kind or character, together with the right of ingress and egress for the purpose of mining for and removing the same, and reserving also an easement or right-of-way 40 feet in width off the 'West side of the tract above described, and from Corner Nu. 13 to Corner No. 14 above referred to for road and utility purposes of every nature. * - Together with the corresponding carriage rights in said ditch. To Whom It May Concern, Miles G. Rippy and Teresa A. Rippy shall act as petitioners for an exemption of a 5 acre tract of land on behalf of and in accord- ance to the wishes of the property owners: Harley D. Rippy and Janet G. Rippy. Sincerely yours, )44: api,/- y77 iJ yi7 • • Book 390 Page 568 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for him self his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, except patent reservations contained in the U. S. Patent to the above des- cribed property; and to general taxes for the year 1967, due and payable in 1968, which grantor herein assumes and agrees to pay. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of E : [SEAL] E ie .�Itip y,a s n w as E. J. Rippy . (,r /`I• ..�: [SEAL] [SEAL] STATE OF COLORADO, County of Garfield } SS. The foregoing instrument was acknowledged before me this „N+'''jjti"6V,, bye ` Elzie J. Rippy J\ ����..,�.�.' R . 5 �..grnlssion expires /d!A day of December , 19- rl.- . Witness my hand and official seal. Notary Public. 0 z nOttral person or persons here insert name or names; if by persons acting in representative or official capacity or as attorney-in-fact, 'barna of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation. then insert name of such or officers, as the president or other officers of such corporation, naming it. 0 0 0 0 0 U w H co aQ w w o 4, �+y a S w rn Recorded e0 : 3.5 o'clock...A......M„ Dec. 114,67 Book 390 Reception No 239689 Chas. 6. Keegan Recorder, Page 567 THIS DEED, Made this 5th day of December in the year of our Lord one thousand nine hundred and S ixty- seven between ELZIE J. RIPPY also known as E. J. RIPPY of the County of Garfield and State of Colorado, of the first part, and EARLS'? D. RIPPY and JANET GAIL RIPPY STATE DOCUMENTARY FEE 0 4 11 1b� of the County of Garfield 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 Ten Dollars and other valuable consideration DO MHS to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado,to-wit: A tract of land located in the SE'NE'k of Sec. 33, Tp. 5 S., R. 90 West of the 6th P.M. containing 20.36 acres, more or less, and described as follows: Beginning at Corner No. 1, a point whence the E corner to said Sec. 33 bears S. 80°30'00" E., 379.99 feet; thence to Corner No. 2, N. 26°12'9" West 132.13 feet; thence to Corner No. 3, N. 18'23'00" W. 94.69 feet; thence to Corner No. 4, N. 08°59'00" W. 276.62 feet; thence to Corner Nu. 5, N. 18°44'17" E. 38.86 feet; thence to Corner No. 6, N. 21045'00" W. 78.91 feet; thence to Corner No. 7, N. 08037'18" W. 66.85 feet; thence to Corner No. 8, N. 70°45'16" W. 9.26 feet; thence to Corner No. 9, N. 52°48'11' W. 152.99 feet; thence to Corner No. 10, N. 41°38'55' W. 208.47 feet; thence to Corner No. 11, N. 24°39'27" W. 248.69 feet; thence to Corner No. 12, N. 15°44'21" W. 123.58 feet; thence to Corner No. 13, S. 84°53'23" W. 391.31 feet; thence to Corner No. 14, S. 00°44'24" E. 1249.04 feet; thence to Corner No. 15, N. 89°12'10" E. 869.66 feet; thence to Corner No. 1, the point of beginning, N. 72°54'17' E. 72.34 feet, together with 0.8 cubic feet of water per second of time decreed to Spion Kop Ditch, being Ditch No. 91A in the decrees of the District Court of Garfield County Colorado in Water District No. 39 in the State of Colorado, being 0.5 cubic feet of water per second of time out of Priority No. 210 thereunto awarded and 0.3 cubic feet of water per second of time out of Priority No. 213A thereunto awarded, and together with an easement or right-of-way from a shed located at Corner No. 7 hereinabove referred to, and extending easterly 600 feet, more or less, for the maintenance of a pipeline and cistern and to haul water to the same; reserving unto the grantor herein an undivided one-half (a) interest in and to all minerals and mineral rights of every kind or character, together with the right of ingress and egress for the purpose of mining for and removing the same, and reserving also an easement or right-of-way 40 feet in width off the West side of the tract above described, and from Corner No. 13 to Corner No. 14 above referred to for road and utility purposes of every nature. * - Together with the corresponding carriage rights in said ditch. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED --To Joint Tenant's. —Bradford -Robinson Printing Company, 1824-46 Stout Street, Denver, Colorado Reoorded at°' o'cioc ? M. DEC 3 0 1986 • Reception No.° L ItiRE0 ALS C , RECORDER • eA RFIE!..D COUNTY, COUNIADc QUIT CLAIM DEED 7'.9,2 p E 161 GArIELD DEC 3'0 1986 State Doc. F THIS DEED, made this 30th day of December, 1986, between E.J. RIPPY AND JANEY D. RIPPY of the County of Garfield and State of Colorado, Grantors, and HARLEY DOW RIPPY, SR. and JANET G. RIPPY, as joint tenants, whose legal address is 1517 - 240 Road, Glenwood Springs , of the County of Garfield and State of Colorado, Grantees, WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: An undivided one-half interest of the NWSEi and SEISE, Section 28 and the EiNEi of Section 33, Township 5 South, Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded as Reception No. 239689 in Book 390 at Page 567 of the Garfield County records, which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence the East quarter corner of Section 33 bears South 80°30' East 379.99 feet, thence North 26°12'9" West 132.13 feet, thence North 18°23' West 94.69 feet, thence North 8°59' West 276.62 feet, thence North 18°44'17" East 38.86 feet, thence North 21°45' West 78.91 feet, thence North 08°37'18" West 66.85 feet, thence North 70°45'16" West 9.20 feet, thence North 52°48'11" West 152.99 feet, thence North 41°38'55" West 208.47 feet, thence North 24°39'27" West 248.69 feet, thence North 15°44'21" West 123.58 feet to the North line of said SEiNEi. TOGETHER WITH all water and water rights and ditch and ditch rights appurtenant to said property. 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 Grantor, either in law or equity, to the use and benefit of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss 25i44P? E.J. Riy ney SCJ Rippy The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, this 30th day of December, 1986, by E.J. Rippy and Janey D. Rippy. • WITNESS my hand and official seal. commission expires: 4/12/88 Notary Public • I r Rem* at 1 ‘2 0 o'cloc M. Reception No 3781.57 MILDRED ALS i ORF, RECORDER r., ',F FIELD COUNTY, COLORADO BPM 703 F' CE594 14 1 QUIT CLAIM DEED GARFIELD PIAN 14 1287 tat. Doc. tee THIS DEED, made this 2nd day of January, 1987, between E.J. RIPPY AND JANEY D. RIPPY of the County of Garfield and State of Colorado, Grantors, and HARLEY DOW RIPPY, SR. and JANET G. RIPPY, as joint tenants, whose legal address is 1517 - 240 Road, Glenwood Springs - , of the County of Garfield and State of Colorado, Grantees, WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns, forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: An undivided one-half interest of the NWiSE and SEiSEi, Section 28 and the E}NEi of Section 33, Township 5 South, Range 90 West of the 6th P.M., excepting therefrom that parcel of land described in Deed recorded as Reception No. 239689 in Book 390 at Page 567 of the Garfield County records, which excepted parcel is that part of the above described property lying westerly of the following described line: Beginning at a point whence the East quarter corner of Section 33 bears South 80°30' East 379.99 feet, thence North 26°12'9" West 132.13 feet, thence North 18°23' West 94.69 feet, thence North 8°59' West 276.62 feet, thence North 18°44'17" East 38.86 feet, thence North 21°45' West 78.91 feet, thence North 08°37'18" West 66.85 feet, thence North 70°45'16" West 9.20 feet, thence North 52°48'11" West 152.99 feet, thence North 41°38'55" West 208.47 feet, thence North 24°39'27" West 248.69 feet, thence North 15°44'21" West 123.58 feet to the North line of said SEiNEi. TOGETHER WITH all water and water rights and ditch and ditch rights appurtenant to said property. 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 Grantor, either in law or equity, to the use and benefit of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. STATE OF COLORADO ss COUNTY OF GARFIELD The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, this 2nd day of January, 1987, by E.J. Rippy and Janey D. Rippy. WITNESS my hand and official seal. My commission expires: 4/12/88 Notary Public • • Names and Addresses of Owners of Land Adjoining and Within 200 ft. of Proposed Exemption Greg and Jill McKinnis 1270 240 Rd. Glenwood Springs, CO 81601 Trust of H. L. Williams Colorado National Bank - Denver Atten: Homer Hancock P.O. Box 5168 Denver, CO 80201 Don and Patti McGirr 1650 240 Rd. Glenwood Springs, CO 81601 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 • • Domestic Water: An application for a well permit has been sent to the Colorado Division of Water Resources. Darrell Sorensen of Specialty Drilling and Well Service is currently drilling a test hole. 9-22-87 This well would only be used for a house on the 5 acre parcel. The current dwellings on the 20.36 acres use a cistern that has been in use for 28 plus years. They will continue using the cistern. Sewage Disposal: A septic system that would meet Garfield County requirements would be the method of sewage disposal. ttiJ,cfv, til /1 ! i °1 e c���C�(�stJ - C1.17-€5,11 AK -6161 awl- • dt:iv P ()y&An cA-it- A;LQ, ipAe;tt-C '3 3? ��",o �c--� ; 96 c 6 P. on_ . N -c. F P, d. • • Harley D. and Janet G. Rippy is requesting an exemption for a 5 acre parcel to sell to their son Miles G. Rippy. If the exemption is approved Miles G. Rippy plans to build a house on that 5 acre parcel.