HomeMy WebLinkAbout1.0 Applicationi
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned
CH 672, tTh
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 4453 acre tract of land int_o tracts of
approximately_Zzz9 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 reasons stated below:
4,4 if
AJ -/2 AT i VE' X0/2- r-) 1 H 250
-r-
SUBMITTAL
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 created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle rnap may be used.
C. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. 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 any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
1;,. Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973. -%f,►/7, C -t b Per -05
J. A 100.00 fee roust be submitted with the/• •plication.
Peti.tio z
05-// (210v7x /26Aio,53 /
Mai1in< Adress
G i l CoL0/2/0e i %SZ
Ci. y State
30,333 076 - 17'15
e ephone Number
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 addi_tonal 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 part 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. All 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 Lime 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 certified mail, return
receipt requested, to owners of record of land immediately adjoining
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 provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
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 I:et forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
s
4
•
MAY IS 1993
COUNTY COMMISSION BOARD
GARFIELD COUNTY
GLENWOOD SPRINGS, COLORADO
R.E.: PETITION FOR EXEMPTION
1197T/Yr-4/N8-Arr 4 �
1/
THIS IS TO REQUEST PETITION FOR EXEMPTION TO DIVIDE MY FIVE
ACRE PARCEL INTO TWO, 2 1/2 ACRE PARCELS BECAUSE;
1. THE GROUND IS HIGHLY ALKYLINE THEREFORE CROP YEILDS ARE
VERY POOR.
2. CLIMATE OF HOUSING SHORTAGE IN THE COUNTY.
3. GARFIELD COUNTY HOUSING AUTHORITIES RECENTLY RELEASED
FIGURES OF SIGNIFICANT DROPS IN HOUSING OVER THE LAST YEAR.
4. THE SAME HOLDS TRUE TO AVALABLE HOME PURCHASES.
5. PROVIDING BENIFIT TO THE COUNTY.
IN CONCLUSION IT SEEMS THE HIGHEST AND BEST USE OF THIS FIVE
ACRE PARCEL IS TO DIVIDE INTO TWO 2 1/2 PARCELS.
THANK YOU FOR CONSIDERING MY REQUEST.
RICHARD SCHWABE
0511 ROAD 331
SILT COLORADO, 1552
\rnAik..1,-....„5;500076
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLO DIVISION OF WATER RESOUR
818 Cente I Bldg., 1313 Sherman St., Denver, Colorado
PERMIT APPLICATION FORM
(x) A PERMIT TO USE GROUND WATER
(x) A PERMIT TO CONSTRUCT A WELL
FOR: (x) A PERMIT TO INSTALL A PUMP
203
Ptiok
Pactq1/or 5 s �P0
0-211-1-Povkc
( ) REPLACEMENT FOR NO
( IOTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
NAME Richard Schwabe
STREET 0511 County Rd. 331
CITY
Silt CO 81652
(State) (Zip)
TELEPHONE NO 303-876-2745
(2) LOCATION OF PROPOSED WELL
County Garfield
SW 'h of the SE '/a, Section 10
Twp. 6 S , Rng. 92 W 6th P.M.
(N,S) (E,W)
(3) WATER USE AND WELL DATA �p
Proposed maximum pumping rate (gpm) /4K
Average annual amount of ground water
to be appropriated (acre-feet).
Number of acres to be irrigated:
Proposed total depth (feet): 96
Aquifer ground water is to be obtained from:
Owner's well designation
GROUND WATER TO BE USED FOR:
( x) HOUSEHOLD USE ONLY - no irrigation (0)
( 1 DOMESTIC (1) ( ) INDUSTRIAL (5)
1 1 LIVESTOCK (2) ( ) IRRIGATION (6)
( 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
1 1 OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Street /5J ) 1
City ,� D
Zip)
Telephone
(State) `Zip)
Telephone No. h' 'r/ 72J Lic. N
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
ID COUNTY
(5) THE LOCATION OF THE PFOSED WELL and the area on
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ - + - -- + - -+- - -F —
��— 1 MILE, 5280 FEET ----�
f -�- -� -+ -}- + --- + -F
II
I �
NORTH+
+ 1.
+- -1- _L- - -}
4- +- + f
1 I
+ + SOUTH SECTION LINE
+ -I
+ +
4
-I--- -I--
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) TH'LL MUST BE LOCATED...
by distances from section lines.
70
ft. from
South
sec. line
(north or south)
2645 ft from West sec. line
(east or west)
LOT 10 BLOCK N/A FILING # N/A
SUBDIVISION 2.2 Acres
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner Richard Schwabe
No. of acres
2.2 Will this be
the only well on this tract? yes
(8) PROPOSED CASING PROGRAM
Plain Casing
in from t> ft. to—M5ft
in from ft to ft
Performed casing ��
— in. from ft. to_Q_, /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 (cfs) ... 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 WELLSgivedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Richard Schwabe No. of acres: 2.2
Legal description- See Attachment No. 1
(11) !DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic disposal - as per County Standards and requirements
Water - household use only
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
See attached No. 2 Exhibit A
Type or right Used for (purpose) Description of land on which used
Well
Well
House use only *103511 Permit
House use only #57558 Permit
(13) THE
TR
SIGNA
LICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
0 THE BEST OF HIS KNOWLEDGE.
APPL ICANTISI
Use additional sheets of paper if more space is required.
NUHTH SECTION LINE
_Z
J
Z
O
-
- -1- — -
I
I
— -F- -
- D
o
m
U
N
'
N
I
I
0
z
r
I
I
+ 1.
+- -1- _L- - -}
4- +- + f
1 I
+ + SOUTH SECTION LINE
+ -I
+ +
4
-I--- -I--
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) TH'LL MUST BE LOCATED...
by distances from section lines.
70
ft. from
South
sec. line
(north or south)
2645 ft from West sec. line
(east or west)
LOT 10 BLOCK N/A FILING # N/A
SUBDIVISION 2.2 Acres
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner Richard Schwabe
No. of acres
2.2 Will this be
the only well on this tract? yes
(8) PROPOSED CASING PROGRAM
Plain Casing
in from t> ft. to—M5ft
in from ft to ft
Performed casing ��
— in. from ft. to_Q_, /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 (cfs) ... 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 WELLSgivedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Richard Schwabe No. of acres: 2.2
Legal description- See Attachment No. 1
(11) !DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic disposal - as per County Standards and requirements
Water - household use only
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
See attached No. 2 Exhibit A
Type or right Used for (purpose) Description of land on which used
Well
Well
House use only *103511 Permit
House use only #57558 Permit
(13) THE
TR
SIGNA
LICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
0 THE BEST OF HIS KNOWLEDGE.
APPL ICANTISI
Use additional sheets of paper if more space is required.
ATTACHMENT NO. 1
THAT PART OF LOT 10 IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE 6TH P.M., DESCRIBED AS BEGINNING AT THE S.W. CORNER
OF SAID LOT 10; THENCE EAST 185.5'; THENCE NORTH 523.5'; THENCE
WEST 185.5'; THENCE SOUTH 523.5' TO THE POINT OF BEGINNING,
GARFIELD COUNTY, COLORADO.
I
�W RJ•5•R�76
Application must
be complete where (x) A PERMIT TO USE GROUND WATER
applicable. Type or (x) A PERMIT TO CONSTRUCT A WELL
print in BLACK FOR: (x) A PERMIT TO INSTALL A PUMP
INK. No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO
initialed. ( ► OTHER
WATER COURT CASE NO
COLcDO DIVISION OF WATER RESOUR
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(1) APPLICANT - mailing address
NAME —
STREET
CITY
Richard Schwabe
0511 County Rd. 331
Silt
TELEPHONE NO
CO 81652
(State) (Zip)
303-876-2745
(2) LOCATION OF PROPOSED WELL
County Garfield
SW Y. of the SE 1/4, Section 10
Twp. 6 S, Rng. 92 W 6th P.M.
IN.S) (E.W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) G���
Average annual amount of ground water
to be appropriated (acre-feet)•
Number of acres to be irrigated: d
Proposed total depth (feet):
Aquifer ground water is to be obtained from:
V r
Owner's well designation N ��
GROUND WATER TO BE USED FOR:
(
X) HOUSEHOLD USE ONLY - no irrigation (0)
( ) DOMESTIC (1) ( ) INDUSTRIAL (5)
1 LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name`._ ,f/�•,v
Street icsv e.e Q
/! 27_3/
City u �-ISLO L'/ 46
�! (State) (Zip)
Telephone No 1A --"S --) 34-42) Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY
I.D. COUNTY
(5) THE LOCATION OF THE PR ED WELL and the area on
which the water will be used must be cated on the diagram below.
Use the CENTER SECTION (1 section, 0 acres) for the well location.
+ - -f - + - - - }- - -
-- 1 MILE, 5280 FEET -----*-
I
4_
NUM I11 Stl; 11UIV LINt
I
I
J
Z
I
�
I
N
—I
CA
n
L
n
n
— — 4_ — —
I
I
— —k —
1
I
0
Z
r
_m
ern ITu ecrTIn1U 1 'kir
- -
-
— + —+
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
- +
(6) THE Ilk
MUST BE LOCAT
by dist from section lines.
70 ft from South sec
(north or south)
3005 ft from West sec. line
(east or west)
LOT 10 BLOCK N/A FILING # N/A
SUBDIVISION 2.2 Acres
aof
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner Richard Schwabe
No. of acres 2 • 2 Will this be
the only well on this tract?
yes
(8) PROPOSED CASING PROGRAM
Plain Cas'ng
4D in from t.ft. to ft
in from ft to ft
Perforraa�,ed casing
lD in. from; ft to'1 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 (cfs) ... 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 WELLSgivedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Richard Schwabe No. of acres•2 . 2
Legal description See Attachment No. 1
(11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. Septic disposal - as per County standards and requirements
Water - household use only
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
See attached No. 2 Exhibit A
Type or right Used for (purpose) Description of land on which used
Well House use only #103511 Permit
Well
House use only #57558 Permit
(13) THE AP
TRUE
14' 1
'i LICANT(S)
ANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
HE BEST OF HIS KNOWLEDGE.
\ SIGNATURE
Or
Use additional sheets of paper if more space is required.
l
ATTACHMENT NO. 1
THAT PART OF LOT 10 IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE 6TH P.M., DESCRIBED AS BEGINNING AT A POINT FROM
WHICH THE SW CORNER OF SAID LOT 10 BEARS WEST 185.5'; THENCE
EAST 185.5'; THENCE NORTH 523.5' TO THE DITCH BANK OF THE
RISING SUN DITCH; THENCE WEST 185.5'; THENCE SOUTH 523.5'
TO THE POINT OF BEGINNING, GARFIELD COUNTY, COLORADO
F_CORDED AT O'CLOC</2JUL t0 1991
nEC , 42521 "�IL�a. _� ALSCO ri C UVTY .CLE=K
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79 -4
iooK 80S F E236
WHEREAS, Percy W. and Elva J.'--Wright,have petitioned the Board
of County Commissioners of Garfield County, Colorado, for an exemption
from the definition of the terms "subdivision" and "subdivided land"
under C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended, and the Sub-
division Regulations of Garfield County, Colorado, adopted September 1,
1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01
for the division of a 30.24 acre tract into two (2) tracts of approxi-
mately 2.24 acres (hereinafter tract "A") and 28.0 acres (hereinafter
tract "B"), more or less; and said 30.24 acre tract is more particularly,
described as follows:
n
Lots 5 @ 11 in the SWIG SW1 of Sec. 10, T. 6 S. R. 92
W. 6th P.M. in the State of Colorado and County of
Garfield
WHEREAS, the Petitioners have demonstrated'to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado,`that
they desire said exemption for the purpose of providing a temporary .
home for elderly relatives; and,
WHEREAS, the Petitioners have demonstrated to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado, that
there is a reasonable probability of locating domestic water on each
of said tracts, that there is adequate ingress and egress to said tracts,
that the location of septic tanks will be permitted by the Colorado
Department of Health, that the requested division is in accordance with
the general purposes and intent of the Subdivision Regulations of the
Stat... of Colorado and the County of Garfield, and, should, therefore,
be exempted from the definition of the terms "subdivision" and "sub-
divided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d) as
amended;
NOW, THEREFORE, upon the motion of Richard C. Jolley, seconded
by Flaven J. Cerise, and carried, said 30.24 acre tract of land is hereby
exempted from such definitions and said tract may be divided into two
(2) tracts of 2.24 and 28.0 acres, more or less, all as is more fully
sd/
• •
BOOK 808 PtGE237
described above, and said divided tract may be conveyed in the form of such
smaller tracts without further compliance with the aforesaid subdivision
statutes and regulations; provided, however, that said exemption is con-
ditioned on the Petitioners obtaining a proper legal description of said
tracts prior to any conveyance thereof. A copy of the instrument or
instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 2nd day of January, A.D., 1979.
ATTEST:
•
W l l / � ... .
De uty C of the Bold
of Count Commissioners
Garfield County, Colorado
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
B0 SGS PAGE23S
LEGAL DESCRIPTION
BEGINNING AT THE QUARTER SECTION CORNER BETWEEN SECTIONS
10 AND 15 IN TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL
MERIDIAN, THENCE WEST, 520.00 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED TRACT OF LAND;
THENCE CONTINUING WEST, 140.00 FEET;
THENCE NORTH, 670.00 FEET;
THENCE S. 65°25'28" E., 180.34 FEET;
THENCE SOUTH, 345.00 FEET;
THENCE WEST, 24.00 FEET;
THENCE SOUTH, 250.00 FEET TO THE POINT OF BEGINNING, BEING
IN LOT 11, SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE
6TH PRINCIPAL MERIDIAN. CONTAINING 2.24 ACRES MORE OR LESS.
THIS DESCRIPTION DESCRIBES A PARCEL RELATING TO GARFIELD COUNTY
SUBDIVISION EXEMPTION RESOLUTION NO. 79-4.
BEARINGS ARE BASED ON AN ASSUMED BEARING OF WEST ALONG THE SOUTH
LINE OF SAID SECTION 10.
THIS LEGAL DESCRIPTION IS BASED ON A SURVEY BY SHALE COUNTRY
SURVEYING DATED 4-3-87 AND PERFORMED FOR RICHARD SCHWABE.
CARL R. CARMICHAEL
P.L.S. NO. 24303
N
5 000
10000
1
24000
2
Feet
3 Kilometers
--mis Mair I FSM 5I•IT. 44'I0 ,
U , 5 , DE Fr . 07= f1G12-1 C.L LTU RE,
Soil_ COKI5Ekvfa ION SERV►C.
12,FLE ARCA, SILT G)UAP.
_ORADO NO. 10
SOIL SURVEY
brush. The native vegetation on the Ansari soil is mainly
Indian ricegrass, wheatgrass, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion.
Mule deer, rabbit, and grouse find habitat on these
soils.
Use of this complex for community development or as
a source of construction material is limited mainly by
depth to rock, steep slopes, thin layers of borrow materi-
al, and large stones. Special design can overcome these
limitations. Drainage and structures to control runoff from
snowmelt reduce erosion around construction sites and
roads.
This complex is in capability subclass Vile, nonirrigat-
ed.
3—Arvada loam, 1 to 6 percent slopes. This deep,
well drained, sloping soil is on fans and high terraces
(fig. 4). Elevation ranges from 5,100 to 6,200 feet. This
soil formed in highly saline alluvium derived from sand-
stone and shale. The average annual precipitation is
about 12 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 strongly alkaline or very
strongly alkaline, pale brown loam about 3 inches thick.
The subsoil is brown silty clay loam about 14 inches
thick. The substratum is light brown or brown silty clay
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Limon, Kim, Heldt, and Wann soils. Also included are
some soils that are high in silt.
Permeability is very slow, and available water capacity
is moderate. Effective rooting depth is 60 inches or
more. Organic matter content of the surface layer is low.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for wildlife habitat, limited
grazing, and some irrigated farming.
Irrigated crops produce very poorly because the soil
takes water in very slowly and is droughty. Leaching is
needed to remove excess salts if this soil is to be irrigat-
ed. Soil amendments containing sulphur are helpful in
leaching the salt.
The native vegetation on this soil is mainly saltgrass,
alkali sacaton, and greasewood.
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition. Western wheatgrass, alkali sacaton, and tall
wheatgrass are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. Irrigat-
ing new seedings is necessary for successful establish -
RIFLE AREA, COLORADO
ment. Reducing brush improves the range if the grass
understory is adequate.
Cottontail rabbit and pheasant find shelter on this soil
if they can obtain food in surrounding areas.
Use of this soil for sanitary facilities, for community
development, and as a source of construction material is
limited by the high shrink -swell potential, slow permeabil-
ity, clayey textures, and salinity.
This soil is in capability subclass Vlls, irrigated and
nonirrigated.
4—Arvada loam, 6 to 20 percent slopes. This deep,
well drained, sloping soil is on fans and high terraces.
Elevation ranges from 5,100 to 6,200 feet. This soil
formed in highly saline alluvium derived from sandstone
and shale. The average annual precipitation is about 12
inches, average annual air temperature is about 48 de-
grees F, and the average frost -free period is about 120
days.
Typically, the surface layer is moderately alkaline, pale
brown loam about 3 inches thick. The subsoil is brown
silty clay loam about 14 inches thick. The substratum is
light brown or brown silty clay loam to a depth of 60
inches.
Included with this soil in mapping are small areas of
Limon, Kim, and Heldt soils.
Permeability is very slow, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Organic matter content of the surface layer is low. Sur-
face runoff is moderately rapid, and the erosion hazard is
severe.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation on this soil is mainly sagebrush,
greasewood, and wheatgrass.
When range condition deteriorates, grasses decrease
and weedy (orbs, cheatgrass, big sagebrush, and
greasewood increase. Properly managing grazing main-
tains and improves range condition. Seeding improves
range in poor condition. Western wheatgrass and tall
wheatgrass are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. Irrigat-
ing new seedings is necessary for successful establish-
ment. Brush should not be reduced because grass pro-
duction is low and some desirable native shrubs could
be destroyed.
Cottontail and pheasants find shelter on this soil if
they can obtain food in surrounding areas.
Use of this soil for sanitary facilities and as a source of
construction material is limited by the large amounts of
clay and salts. This soil is corrosive to steel and con-
crete. Community development is limited by high shrink -
swell potential, salinity, and steep slopes.
This soil is in capability subclass Vlls, nonirrigated.
5—Ascalon fine sandy loam, 1 to 6 percent slopes.
This deep, well drained, nearly level to gently sloping soil
is
c
t
•
Adjacent Property Owners
Assessor's Parcel 110:
Asphalt Paving Co.
14802 W. 44th Ave.
Golden, CO 80401
Local Address: 241 311 Rd., Silt, CO
Assessor's Parcel 114:
Valley Farms, Inc.
Lee Park Center, 6th P1.
3141 Hood St.
Dallas, TX 75219-5003
Local Address: 238 331 Rd., Silt, CO
Mineral Owners:
Arnold R. and June M. Allen=_
address unknown
Neither the Assessor's office, Clerk and Recorder's office
or other public information agency has an address for the
Arnold's.
Mr. Schwabe holds one-half of the mineral rights on the
subject property.
CARMICHAEL SURVEYING, INC.
19351 Hwy 92 in El Jebel
P.O. Box 1367
Carbondale, CO 81623
303-963-0757
May 26, 1993
Mark Bean
Garfield County Planning Department
Garfield County Court House
Glenwood Springs, CO
Re: Schwabe Subdivision Exemption Proposal
Dear Mark:
Here is a proposal from Richard Schwabe, 0511 County Road 331,
for exemption to the Garfield County Subdivision Regulations.
I believe the documentation is in order. Well permits have
been applied for, and will be contingent upon approval of
the exemption, and vice -versa. Per our conversation, Mr.
Schwabe will stipulate to plat notes covering our inability
to track down the holders of 1/2 the mineral rights on the
subject property, and will convey the remaining 1/2 of the
mineral rights to future owners if the exemption is granted.
If you have additional questions or need more information in
any area, please contact me
Sin e ely,
Carl R. Carmichael
P.L.S. 24303
Recorded at ._ .1-1:57.
. .... _ . _
iri• T I I S DEED. M•de thls "/ a April • 19 81.
I i
i between PERCY W. WRIGHT and ELVA JANE WRIGIT
! of the County of Garfield , •nd elate of
11 Color•So. of the forst part. and
11 '
,
R. 1P2 SYKES and PENNY M. SYKES
•• whose leg•I airfares. is 0511 331. Road, Rifle, Colorado 81652
of the
County a Garfield and state a
I
Colorado. of the second part.
W ITN ESSETII.That the ••id part ies4 I he nest p•rt. for and in con•iderstion of the mini of
DOLLAR&
. .7 .
t. t he 1.1.1 part teed ou rum part in hand paid by the PA., parties of %heaven.' part. the receipt whereof
is hereby confessed and acknowledged. haVeriniserl. ?led. ertlel. )rd anti Qt:IT CLAIMED, and by these
11
presents do retinae. release. lien. cons ey and QUI f CI.A I M unt• the said p•rties of the second part. their heirs. 1
• successors and assigns, forever. all the right. 1 it le, int elate, and demand which the mild part ies-r the first pert
have in and to the following describer' lot or p•rrel of landeituate. tin( and being in the County 11
of Garfield and St•tc of Colorado. t• wit: . • •
All of the grantor's right title and interest in and to all water. • ,.t
. .1
il
and water rights, ditches and ditch rights of way appurtenant to h
ar used on or in connection with Che real property described an
Exhibit A attached hereto. - !i
!, l•
,i
PIGE194
_ eg.E1_95
RECORDFR'S STAMP
7f•-•
it -1-47
APR 241981
rfirr7e.9worript
j
•
(.2" 117., •
of "ry
t!'•••• • , ,'''.. . . • :. ' =• -,....',1 :" •,.. ,',"••,..t. :
t, • - •• ; . i ' • ••:. to t.;1,: :••,, h ?Jan): of ;.i!.1:-....- !:,:n rit:•;:h: 11
. I.1
I.; :•.,- •-,.• !:. . • ' .' 5 ' , • • !. 2'11 l'•-..:. :
.I.5
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t:: :-'‘.-,.: :.. !, ., ' b ... ,••....i ;.f,:•:t :Ir. •:
ii.'•••,1.: i.• N . ..ri • 1 ', • :,•,!,,t., 225 fc-et. .,',,..,.) ' 1,-• :••:,:.•rth b.lrtY. of risin,i :;!rl
1:1t•,:::
ll •• -•,-- , • ' • 0'. . -.••. ti".•i t'••.m. t !A 1,7,;i:( of 7. i ,•::-:,; 3.1111 • ,
II
• -• also known ris rrrrr t and nonoter • 1 .
i
• ' 1 -TO HAVE AND TO HOLD the same. together with all and singular the •ppurten stir,. and privileges therrunt• l'
belonging or in anywise t hereunto app.', bining. and all the est•t•. right. title, interest and claim whatsoever. of the 11
'said part iesa the first part.ritler in law or equdy„ to t he only proper nee. benefit and behoof of the said p•rtieSof. '1 ,
. `.:"; : •
the second p•rt. Ehettfirs and sr...Eng forever. IN WITNESS WHEREOF. The ..i.1 part jestthe rum ,..c.:jr.rth.ve,..t:er,.nt.../...624ttheir.ns ` :14
• ' and semi' ' ' 'the de). and year fort above written. .
Signed. Sealed and Delivered in the Irresenre of Pe.rcy' W. Wright •
--ISEALI
;i• I
I
=...Ja Wight E
> Arizona - 0EALll ll
S TAT E 0 V a:rt...0 R 2i_Des- . ,1‘...... .. : .... ..:. ,..•:.., l.
••••.' %()/1.
I sic SI
i County of Pilk...e..0 A.13.. •1 meLI;•
:i
Thy foregetn, in.trwnent ra• wchn.wle, Ilir.1
r1.14nr• I ho• ‘,70,14— a" 4 ((fieFlif.4. 5 9! •_....ai
Ill C) . by, • EY Zst :Cs I
I•e• "f> -,.' . 3 .: i
I• My Cammissi:m Expires Dec. 21. 19a4 •l, . Wane., rny hand and offici•I peal. -.`",•. 1 .41..
My conintisvion ea pires
t.....--..
: .
r ''//jaztaisd.V 6
PC.., P... . '
No. 1Pn. QUIT (1.41M Of MI .0 Sae,. P.M - -11-461
1
•
•
•
/1:441W 'Togo rfy,ir •••
t
• , • -7, ','. ,,W•..1•ZM
'4
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v.ix 5'n) 1,AGE1.95 G
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s.....,,ti.e•::::
. .• • 220. dkyot '•
•
EXHIBIT A -.) '2,167:.0 ',
\-s.
P r t, , I ;(:5(1 — • 11
/ -!,."...'fr'64-Thl
. 1:....V'•;::—,,,‘. • ”`', •
' , : '", . .. ., , •• ),
15 in Tp. 6 S., R. 92 W., 6th P. M.,,thence West 40 rodsr-NIC40,4
Beginning at the quarter section'cornee tweeni ectionS 10 and
thence North to the South bank of the Colorado River; 1,
thence East -Southeast along the South bank of the Colorado_RIver,
to the orth and South center line of Section 10;
thence South along said North and South center line to the point_
N
of beginning, being in Lot 11 Section 10, Tp. 6 S., R. 92 W., of
the 6th P. M. •
Also that part of Lot 10 in Section 10, Tia'.. 6r'S.:.1,7R:'92.-N.:.,:'''"'""""
6th P. M., described as beginning at the Southwest corer of Said
Lot 10;., .. . .
•
thence East 371 feet;
thence North 523½ feet to the ditch bank,.of the Rising Sun Ditch:.
thence West 371 feet v : - • • • , - v. • 0....,,
thence South 523S feet to the.place'of beginning.' , , c:
••.. .. . . • , .. Cit.'. i. ; '.
No. 178998 in Book 263 at Page 563.,- ',..,• ,-...
. .
Except that portion of said Lot 10 conveyed out by Document
ALSO CONVEYED
A tract or parcel' of land situate,in Lots 5.and 11and in—
. 1 : 1 f, •
SASWS of Section-10, Tp. 6 S., R. 92 W., 6th P. M. described
as beginning at'a-point whence the SW corner of said Section 10
bears S. 4256' W., 1677.8 feet, said point also being on the
North bank of Rising Sun Ditch and East bank of Dry Hollow Creek;
thence N. 630' West 302 feet along East Bank of Dry Hollow Creek;
thence S. 55°4' East 296 feet; ,...--
thence S. 5125' East 797 feet; „....--"----
thence S. 2* 7' East 155 feet...to-the North bank of Rising Sun Ditch;
thence N. 68°15' West 215,..feet along North bank of Rising Sun Ditch;
thence N. 3515' Weat-225 feet along the North bank of Rising Sun
thence N. 50°40' West 380 feet along the North bank of Rising Sun
Ditch;
Ditch; - •
thence N.•86•18'' W.; 211 feet along North bank of Rising Sun Ditch,.,.wt
,
to the point of.beginningo,.,„.t.ov.,0,,-.„''n"°""mg"'" s ..
Beingall:'Itth.t.Pit'rtO;.said land lying N:rith7cirili:11.11i:44.*iDi...;1
• I 0.1. 2,..fOr1•1 pArt, T. h e i r hells 11,,o ,...!-A.,•,,, •• • • .
County Of.Garfield
State of Colorado,,„,„y. •
.1 ! ,.3•1. ,. • '•• : '',I'M .1,:' .A1,.—OVSONIltirrt•
.
. -..f ' ': '1./....
;t•,..:..., ,
• ,, ni, : ••,::! • ....71.-.. the Lt rt hs, 6 1 1.,,,•,, , ,
• , • ••• 1, ,R
• • :
,IRY
,/ ) •
• .
• /
,•
i;
it
,
•
Recorded si N...� i cloell
Rsrepties N. 295191 —;Y.` j
THIS DEED, Made this 6th day of July
19 79 , between
PERCY W. WRIGHT and ELVA JANE WRIGHT
of the County of Gar f le 1d , State of
Colorado, of the first part, and
R. CLEM SYKES and PENNY M. STIES
whose legal address is 207 Ash, Rifle. Colorado
lithe Cowards( mod:Easicilif
Ldst=d*, of the second part;
WITNESSETH. That the said part iesof the first part, for and in consideration of the sum of ,'a
Ten Dollars and other valuable consideration
matte=
to the said part lesof the first part in hand paid by the said parties of the second part, the receipt II
whereof is hereby confessed and acknowledged, ha ve remised. released, sold, conveyed and quit fi
claimed. and by these presents do • remise. release. sell. convey and quit claim unto the said
parties of the second part. their heirs and assigns forever. not in tenancy in common but in joint
tenancy. all the right. title. interest and demand which the said part ies of the first part _
ha ve in and to the following described lot or parcel of land situate, lyint and +;
being in the i1
r a( 530 1l. [9S1
Rec+rder'. Stomp
JUL 61979 ,t.'
CAI IMEri All' m
County of Garfield and State of Colorado, to wit;
A tract of meander land containing 11.74 acres. more or less. it
described as beginning at a point on the South meander line whence the ft
South one-quarter corner bears South 660 feet; thence North 313 feet;
then N. 62'18" W. 920.56 feet; thence N. 26'47' W. 229.68 feet; thence
N. 32'20' W. 170.22 feet, more or less; thence S. 85' W. 490 feet; •
thence S. 49' E. 1083 feet; thence S. 61' E. 773 feet to the point of it
beginning.
if
also known as street and number
TO HAVE AND TO HOLD the same,
privil together with all and singular the appurtenances and '
eggs thereunto belonging or in anywise thereunto appertaining, and all the estate, right, ii
title, interest. and claim whatsoever of the said part les of the first part, either in law or equity.
common but in joint tenancy.
unto the said parties of the second part, their heirs and assigns forever. not in tenancy in
1 i
Signed. Sealed and Delivered in the presence ofL/ - t
Percrz. Mriant /� Ts Y (SEAL)1
t a. • (SEAL]
Elva ane y Ar g t �1
IN WITNESS WHEREOF. The said part les of the first part ha ve hereunto set their
hand s and seal s the day and year (int above written.
STATE OF COLORADO.
County of
Garfield
(SLAC(
_.....-TAFpregoing instrument was acknowledged before Ae this 6th day of July
k.71t ., PERCY W. WRIGHT and ELVA JANE WRIGHT.
)411)i•MMynn expires b
,fe1?\&.63 my hand and official seal •SiAko Cl/
I•
I
Se. 1t2_ W rY u 111 De CD _t. /.... •--- — - •r+, -•r Co. i..m . ab..t ew.., C....r 4734011,_/.111
w*r ►....
•
Retarded at_ Jr ��,�JUL
tk = T=.iLf.._"`."
Tins DEED. ll.dethta 6th days( July
It 79.b.t.e.n PERCY W. WRIGHT and ELVA JANE WRIGHT
6 79
*:- 530 P!!; 982
._Rae east.
11
of the County of Garfield and State.(
Colorado..(the tent part, and
R. GLEN SYKES and PENT N. SYKES
JUL 6 7979
lll'f nCaFTW.i$ In
t
.hn.p lead addt.a. i. 207 Ash. Rifle, CO 81650
ofth. County of Garfield and State of Colorado - .f t)r..mond part;
M'ITNESSETH.that th.....d portles of the first part, for and in ronnder.t..., ofthe .un.(
Ten Dollars and other valuable consideration
to the said part les of the heel pan .n hand peed by the said parties of the ascend part. the reee,pt .hoses(',
hereby ronfe...d and arkno.kdired, ha Ve granted, bargained• sold and enveyed..nd by thee. presents 4. \
Rant, bergon, veil. convey .rd confirm ante the •aid parties of the second pan. their herrn and alarm forever.
not in tenancy in common but m )cunt tenancy. .11 the following deaerib.d lot or partes of land. intone", '
�(/ lying and being mthe County .f Garfield and stat..feel.rado,tave.:
/\ Beginning at the Quarter section corner between Sections 10 and 15 in T. 6 5..
R. 92 W., 6th P.N., thence West 40 rods; thence North to the South bank of the
Colorado River; thence East—Southeast along the South bank of the Colorado River
to the North and South center line of Section 10; thence South along said North
and South center line to the point of beginning. being in Lot 11. Section 10; , o
Tp. 6 S.. R. 92 W., of the 6th P.Y.
Also th.t.part of Lot'10 in SectlotV 10. T. 6 S.. R: 92 W.. 6th P.M.. described'
as beginning at the Southwest corner of said Lot 10; thence East 371 feet;
thence North 52111 feet to the ditch bank of the Rising Sun Ditch; thence Lest f.
371 feet; thence South 5234 feet to the place of beginning.
Except that portion of said Lot 10 conveyed out by Document No. 178998 in
Book 263 at Page 563. -
Also, a tract or parcel of land situate in Lots 5 and 11 and in the Si:1%5 of •
Section 10, T. 6 5., R. 92 W.. 6tb P.M., described as beginning at a point
whence the SW corner of said Section 10 bears S. 42'56' W.. 1677.8 feet. said
point also being on the North Bank of Rising Sun Ditch and East bank of Dry
Hollow Creek; thence N. 6'30' West 302 feet along East Bank of Dry Hollow Creek; 'i
thence S. 55'4' East 296 feet; thence S. 51'25' East 797 feet; thence S. 2'7'' �1r
East 155 feet to the North bank of Rising Sun Ditch; thence N. 68'13' hest 215
feet along North bank of Rising Sun Ditch; thence N. 35'15' West 225 feet along
the North bank of Rising Sun Ditch; thence N. 50'40' West 380 feet along the .. i•
North bank of Rising Sun Ditch; thence N. 86'18' W.. 211 feet along North bank I;..
of Rising Sun Ditch to the point of beginning.
Beingall that`'
•
part of sold land lying North'of the Riling Sun Ditch.
Subject to prior mineral reservations as reserved in deed recorded as
Doc. No. 222967 in Book 353 at Page 255; easements and rights of vay of public
record or situate and In use, including, but not limited to the right of vay
for the county road in the southerly portion of the above described property
and right of vay and easement for the Rising Sun Ditch as it crosses the
described property; and, to reservations and exceptions contained in Gnited
States Patent.
.1.o known as street and ...ea►w
Route 1. Do: 4A. Silt. Colorado ti
• TOG8TRRR .nh all end .ingol.r the Itermlitamenta and app.rt.n.Iw.m theree.to belonging. or I. ..anis. 'prow
tannins, and the reversion and reversions. remainder and remainders. rests, woe. and profits hereat and all tete
',Mate, night. tick. Interest. clanm and demand abate...er alb* ..id Mn l e • of the first part. either is low .r.q.lty.
*fon and is the .h r. bargained pre..sra ask the hereditament• and appunen.see.
' .e/W P 4.. ti .1 1 M N M I .'r . it n
• 1
1
, � I
F77777-
}
•
•••tr► � 1d_
t_
Jii_ t' r,o.4 5 0 rr:5i983
I
.. , arae tM .ald
. .. tined and described. •4 Om ith lbw d th0 Ow
OLD the said premises hart part 1e•
TO HAt'F. AND TO llgns forever. And the mold p• .(t fee h provosts.
the •Ke.,d p.rt.thetr hely and ant•tr• covenant. Rant• and deb PO
*el
p•rt.ea� that al the lime
,,�T of the e^ a ev ✓d indehese r e•Las.
Lh•1m n. e•e<ulor►. and •dmmidr•tor•. ar.t. b.Ka1n. MII and
t ey ed their primand •hot•c• of god•more. Pe
rfects sari parties of the second fH re mese• •bo. • conveyed. •• and lawful authority t. r � ether grants.
.•11 •cued of the p roght, full power • .scans
they are •
1., and h. v! • free end ct••r from all f t taxes
of tnhrnunce m Lw. to fr •Imp
d• and that the •.me are M. tat tQ
lfonsu hares find srnaas•'aee• and
manner and form herein to aafume
convey the •►m• In due•menta and abl a nners9 w grantees
�`•j9. a able In 1980. uhlch
b.rtan., s•Ls.h.n r due and P Y �
for the year 1979
agree to pay,
and the
above Mr<aoned s•a to the Hotel end pear. obit po••••l.n of the
mod pa
st44 1+ second part. the
ir
Mn
Ow void
and assigns ae•m1t all and
emery person or persons lawfully •Limine w to clas the
MM.r tong part tMr•o=
I`Mir:Eyi WHEREOF. the mon! part leaI •f the forst NR Ks vt.r•uato.etbelfNnd a
arA
part lee of the flrm part and willWARRANTANDFOREVER DEFEND... •
..
real a the dsy save reM first *bee. tufa .en.
7.1—r
SEAQY. 7` SEAL;
S a^ed 5•14104and Delmer./se Vo tM prence °f• \ — =n! VTlgbt va.
SKATE Or COLORADO. .6.CA..ntT•( Garfitld before tn.thi.
The foeee•'^a ,n mho R.:71 I..t web.* acknowledged edeed R1 JANE ms,• 1111. •
hFtIC 1 and ELVR /�
1p er' PER'r Y' SJ t13]YSIo/
T.j..omrMie'^ •ljnr•e
(t/ Q
P;,r1‘',..., ;
6th dant July
Rita••• 1q b.ad .ed •ffloal Mal
.. J
\ IN v.'t-r:,,. •
ii
•
4
z
co
Book 396
Page 380
_..4 9:46 .v,,. A. September 3,1968
p,•e,p,y „� 241668 Chas.S.Eeeganr •-edea
Tau Dna, Leda *de 30th ear of A4gu't
1168 ,bteeo. . NELSON M. RICHAP. SGa1 an4
MAY RICHARDSON - •
dNe • Owed* of
!Coloreds. et lie S.4 le" Aad
PERCY M. /RIGHT and ELVA
Garfi.ld w abbe d
JANE /RIGHT •
a*COLDir$ *TAMP
szm
1101113113 Rt •
SEP 4- L_.0 .
9� S .
t
the :.soba of Garfield .N &.r .114.'...1 be •••••51 pori,
WITNESS/TH. [bat be e.4 part leaf be bet MK fer W 1. .:handl.• t tie •••• t
Ten Dollars and other valuable considerations 01011.RRWt
r lba .44 w(es 404 flab part Y bumf pe4 by W sold 1..U.. et t6.....d port. W ,.. 1 .beet le
hereby reafbo.4 .d selboe1ds.4 rve ar..t.4 6o'S•l..d. e.4 .d writ.i. 0.d hf the* TA**. 4.
gnat. i.rT•le. •.11 .va..7 .d .ammo orb t6e said parbo at t....wd part. tidy ben .d e.tw f.rwor. Yl
1. tabby 1e .oma.. batt. Sd.t bowery. e11 the following da.e0,.d 1.1 or paid a 7,.4 Wawa , babes and
Wadi. .C.wit Garfield ed Nee Cdh.daieek,
A tract or parcel of land situate in Lots 5 and 11, and in the SW>S
of Sec. 10, T. 6 S., R..92 4... 6th P.M., described as beginning at
a point whence the S/ corner of said Section 10 bears 6. 42'56' M.
1677.8 feet, said point also being on the North bank of Rising Sun
Ditch and East bank of Dry Hollow Creek, thence M. 6.30' W. 302
Leet along East bank of Dry Hollow Creek, thence S. 55.4' East 296
feet. thence S. 51.25' E. 797 feet. thence 6. 2.7' East 155 feet to
the North bank of Rising Sun Ditch, thence N. 68.15' W. 215 feet,
along North Bank of Rising Sun Ditch. thence N. 35.15' W. 225 feet
along the North bank of Rising Sun Ditch. thence N. 50.40' W. 380
feet along the North bank of Rising Sun Ditch. thence N. 86.18' W.
211 feet along North bank of Rising Sun Ditch to the point of .
beginning. containing 3.5 acres. more or less. ALSO
Beginning at the quarter section corner between Sections 10 and
15 in Tp. 6 S.. R. 92 w., 6th P.M.. thence West 40 rods: thence
North to the South bank of the Colorado River: thence East -
Southeast along the South bank of the Colorado River to the North
and South center line of Section 10; thence South along said North
and South center line to the point of beginning, containing 10
acres, more or less. Being in .Lot 17. Section 10, Tp. 6 S.. R. 92
W., 6th P.M.
Also that part of Lot 10 in Section 10, Tp. 6 S., R. 92 W., 6th
.8.91. described as beginning at the Southwest corner of said Lot 10;
thence East 371 feet; thence North 5231 feet to the ditch bank of
the Rising Sun Ditch; thence West 371 feet: thence South 5235 feet
to the place of beginning, containing 5 acres, more or less.
Together with all of the improvements and ditch and water rights
used for the irrigation of said land, including the ditch and
water rights described in deed recorded a■ Doc. No. 172682 in the
Clerk and Recorder's Office.
All of the above land is subject to the easements and rights of
way in place and being used or of record prior to the date hereof.
Subject to a prior reservation of one-half of all the oil. gas
and minerals in or upon the above land.
TOGETHER with •11 W ol./eler the bar.dltame.8 .ad .pper4ea00r theme. belonging. or a a7wW
appertaining, sad the reeenlm nes re.enleu, reerl4r and remal.de.. testa. Wen sad profit. Mod: W
.D the .•o4. richt. *810. Internet, elide sad demand .boteo.' of the .44 part i eta[ W tint peat, either - In
Ian sr equity. •f. la and te the ebbe bardnlned premie., with the b.rdltahet..d 1ppernorwera
Ne. TSL **Auer 11110-.r. Aare trr-.a..ww bury b. rmw r s...6 boon.O.abb
204.*dd..6;1.9 ..baba ► b ,-Qc.1..-J 1967
u...pnr N,t2967 _ Chas. S. KeeEan._...
THUDLED, Nada ab 3011. did September
b 4e you'd •••144 r thereof .v beb.d.d eta ty-thr•o
1444-
•..-AlMO1D 1. ALUM end AIM R. A1.LD
48. Combo Corfield
W Sabel fele... 4 the em Aube.
----977301 M. 1ICHALDSat .04 HART 1IC114100 -
atlb C..44 Garfield
W Retool Celede, d thee..
rw,_
W7Tl4Gm1T11, T14 W m4 rent leo d W 0,4 put. far W babetdoadie er tY r ef
710.00 end other good end a l,ubl• ....14...ties p171.1•••
r the r4 pante. et 14 net pen b led pe4 to W m4 p.reih d tY •..d port, 4. .malt .wa.d b
booby .04....4.4 .4...1.404, M. nut{ ba.N.4. bid sad baby{ .4 by naw ...one b
1rso4 bar.e* sail sway .d tall. tate Ow .0 pu.lh d the real part, 144 Oda •d amides fee... e.1
limey le ren 14 b )•a tense'). a1 W robot. dmeA4d ta .e pond e at bed, 8e.6, bt.r
•d Was k W theme t Carl 1.14 end Sob el
Oobad. ie-ot6
A [rant or parcel of land opus*• in tote 5 .rid 11, •ed 1. SV{SV{ of 1.ctioe 30.
Tp. 6 S.. 1. 92 V„ 61h P.M., described •1 begf.nin..t • point vhe00• the Se
corner of said Section 10 beer. S. 62.56' V. 1677.5 feet, o•ld blot else betas
on the Marek bank of I(.lry Sun Ditch Aped Lot bank of Dry 1b11w Creek, thee..
M. 6'30' Veet 302 fret .long fast bank of by Molloy Creek. thence S. 53.6' last
296 feet. then.. S. 31.25' G•1 797 feet, thence S. 277' Gel 133 feet t. t8.
North bank of Rising Sun Ditch, then. S, 61•15' Vas. 213 feet, 01ery North bank
of Sisl.eg Sun Ditch, thence M. 33.13' *est 225 feet along the North bank of Ris-
ing Sun Ditch, thence S. 50.40' Vest 300 feet .tory the North bank of Rising Ser
Ditch. 171.00• S. S6•Ig' V. 211 het .1wg North bank .f tieing tun Ditch to the
pelnl of beginning, containing 3.3 .cmere or I..*.
Ala* e.
beginning .1 the quarter •ectlon . noon between Section. 10 ..d 15 1n Tp. It.,
IL . 92 V. 6th P.N. thence Vest 40 red. ;' thence North to the South bank of the
Celer•de liver; thence Get-Swth•a.t •lens the South bank of the Color.4o liver
to the North and South line of Section 10; thence South along said North
and South line to the point of beginning. containing 10 aaaaaa more or
le... bind to bat 11, Section 10. Tp. 6 S., 1. 92 V. 610 0.11.
Also that pert of let Ten (10) S. Section 10. Tp. 6 1.. 1. 92 V, 611. P.N.
d•.crlb.d .. beginning .t the South.e.t rrrrrr of .old tet 10; thence 10.1 371
feel; then• Scarth 5I3 f•e1 to the ditch bank of The Riling Sun Ditch; th.n•
Vest 371 feet; thin• South 5231 feet to the place of beginning. eout.i.iry
S wens, .er..r 1u•.
Together ulth •11 of an Depreve.•nt• and ditch •.d voter rights .•.4 for the
rrrrr&ties of •.14 land. Including the ditch mad rear rights d..crlbed 1e died
recorded as be. 1172662 in the Clerk and lecorder'• molt..
All .f the •b.v. land 1. subject 1e the a sheet. ad right. -.f -...y Sa- plot. one -
being used or of d prior to the 6.1. tercet.
The 70x.1 parts•a ree•..el a 1hen.•1v... their h.1.• and mire one -lel( of .11
th. oil, g.., and mineral. In en upon the .bow. land
TOGETHER .14 a0 ad det.len the brdl..w•.b and .00.r..ebe ree.1a. lobbied... b ameba
.:prim a W the rev*o. W neva. 004.1.. W ...Walea, nets. thaw W p..11b Ibemti .d
.a W e ao.. riebt hay bum. dale .d dad .Meme.. et W eW rut lee at W ere pati 0410.. a
b... .•db..4b W to W Yoe !ameba bah.., .N0 the 14.414.0.1..4 .pe.nvw
710, 7Y eaaaaalr em -w ew o..rh. ,h..e e.am bash.: dab.
r
•
•
•
i
Recorded at
Reception No.
3 ti
JUJU 19a9
Recorder.
QUIT CLAIM DEED
TIIIS DEED, Made this 30th day of June
between
R. GLEN SYKES AND PENNY M. SYKES
of the ---- 'County of KNE
Colorado. grantor(s), and
RICHARD SCIIWABE
1989
and State of U t
whose legal address is P. 0. Box 10343 Aspen, Co 81612
0977/i/n7/R4A91///S11C4/20///61681/
of the ---- County of Garfield
h
bat:X 7.5; e:r,_Gby
''IIG7.R Icl'Jt��q
Gi�'F��tL�j;��•L'b�'fY
FEE1
and State of Colorado, grantee(s),
WITNESSETH. That the grantor(s). for and in consideration of the sum of
---Ten dollars and other good and valuable consideration DOLLARS
the receipt and sufficiency of which is hereby acknowledged, ha remised, released. sold. conveyed and QUIT CLAIMED, and by
these presents do remise. releae, sell, convey and QUI! CLAIM unto the grantee(s). heirs. successors and assigns,
forever, all the right, title. interest. claim and demand which the grantor(s) ha In and to the real property. together with
improvements. if any, situate, lying and being in the ---- County of Garfield and State of
Colorado. described as follows:
A tract of meander land in Section 10, Township 6 South, Range 92 West of the
6th P.M. described as beginning at a point on the South meander line whence the
South one-quarter corner bears South 660 feet; thence North 315 feet; thence
North 62°18" West 920.56 feet; thence North 26°47' West 229.68 feet; thence
North 32'20' West 170.22 feet, more or less; thence South 85° West 490 feet;
thence South 49' East 1083 feet; thence South 61" East 775 feet to the POINT OF
BEGINNING.
EXCEPT that portion of said Lot 10 conveyed out by Document No. 178998 in Book
263 at Page 563, and except any portion of the above described property
contained in decree recorded June 15, 1981 in Book 574 at Page 450.
also known by street and number as:
0511 - 311 Road Silt, Colorado 81652
TO IIAVE AND 10 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(s). either in law or equity. to
the only proper use. benefit and Wino( of the granice(s). h) s heirs and assigns forever.
IN WI !NESS WI IEREOR The grantm(s) live executed this deed on the date set forth above.
_��,ti
"R. I;len"�ykes
/e
Penny M. Sykes;./
STATE or• MiAXXX.. UTAH
County
The foregoing instrument was acknov iedged bef re me this }' day of June . 19 89,
by R. Glen Sykes and Penny 11. Sykes
bly commission expires
l9 . Witness my hand and official seal.
'If in Denver. insert "City and."
1—
NO. 933. Rev. 3.45. QDiT CI.n)et PEED m.u,..t rvm,.a:a,. ssts W Ewa Ave . tenr,...d. Co anus —t nn 23) ears
•
pecGod<ol a �(e c •rk
Reception No.
i
A, • JUN 3 0 199
Recorder.
WARRANTY DEED
TIIISDEED,Madtthis 30th aayof June
039 •between R. GLEN SYKES AND PENNY M. SYKES
of the • County of h and Stale of U
80-.1 75-7 rInG455
GAR.1E1D
JUN 3 (1 1(1°c
ah GAR;ti,GA✓1T
FEES$$ l -
Colorado, grantor, and
RICHARD SCHWABE
P. 0. Box 10343 Aspen, CO 81612
whose legal address is
ObliA/ f/ l3AAI PARA/III $AAA/,/fAAAtMA/ /,&l bb
of the — — Connty0r Garfield and State of Colorado. grantee:
--
W ITNFSSET II, That the grantor for and in consideration of the sum of--DOILARS,
--One Hundred Twenty Eight Thousand and no/100
the receipt and sufficiency of which is hereby acknowledged, has granted. bargained. sold and conveyed. and by these presents does grant, bargain. sell.
convey and confirm, moo the grantee, his heirs and assigns forever, all the real property together with Impnn'ernents. if any. situate. lying and being In the
--- County of Garfield and State of Colorado described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF
as known by street and number as:
0511 — 311 Road Silt, Colorado 81652
TOGETHER with all and singular the hereditantcnls and appurtenances thereto lunging. or in anywise appertaining. and the reversion and
rtvcrsious. reminder and remainders, rents. issues and profits thereof• and all the estate. right. title. interest. claim and demand whatsoever of the
grantor, either in law or trinity. of. in and to the above bargained premises. with the hereditaments and appurtenances.
TO HAVE ANI) TO 1101.1) the saki premises alone bargained anal described, with the appurtenances. unto the granite. hes heirs and assigns
forever. And the grantor, for himself, his heirs, and personal rc prtsenul ivts, dies ctwenanl. grant. Karg sin. and agree to and w ith the grantee. his heirs and
assigns. that at the lime of the enscaling and delivery of these presents. he is well seired of the premises ahwe conveyed. has gird. sure. perfect. absolute
and indefeasible estate of inheriunce, in law. in fee simple. and has goal right. hill pour and lawful authority to grant. bargain, sell and convey the same
in manner and form as aforesaid. and That the same are free and clear from all former and other grants, bargains, sales, liens. lases. assessments.
encumbrances and restrictions of w hawser kind or nature soccer. except See Exhi bi IIBt attached hereto and
forming a part hereof
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and ptxeable possession dale grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pars therein. The singular number shall include the plural,
she plural the singular. and the use of any gender shall be applicable to all genders.
IN WI NES.W HEREOF, the grantor has executed this decd on the date se\fords AT. '
,`,\ •/1 � • , �'%). ,/,',././v.,/,,
R. Glen Sykes Penny M. Sykes
1
by
sTATEorcX>KtX4XX Utah
Countymr��•
The foregoing instrument was acknowledged before me this
R. Glen Sykes and Sykes
P
Aly commission expires
J,. o, June Ig 89.
Witness my hand and of ficial seal.
.j t N•aarl ISM•c
No. 932A. R,e.7.14x, WAR IIA!i'1Y orr111r•v ►bd,grapbk R.swdl
R,cii,nd►•M..h.ng, 1741 Wane A,INa.r., 1'to mt,o.: rnlr }'r; )NV—saa
/1•i I �. �—�. —•
• EXHIBIT "B"
(Exceptions to warranties in Deed from Sykes to Schwabe)
iin:x '75: rai:G6
Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted
and a right of way for ditches or canals as constructed by the authority of the
United States, as reserved in United States Patent recorded September 1, 1908
in Book 71 at Page 350, and I•tarch 21, 1903 in Book 56 at Page 474.
2. Easement and right of way for the following ditches insofar as they may affect
subject property; the Rising Sun Ditch, The alible Waste (dater Ditch and The'Lilburn
Needham Ditch.
3. Reservation of one-half of all oil, gas and minerals in or upon said lands as
reserved by Arnold R. Allen and June M. Allen in deed recorded October 3, 1963
in Book 353 at Page 255, and any interests therein or assignments thereof.
4. Easements and rights of way of record or of an apparent nature.
5. General taxes and assessments for the year 1989 and subsequent years.
AGRICULTURAL PROPERTY APPRAISAL RECORD
Schedule# 023401 Tax Area 023 TWP 6 Range 92 Sec 10 Vi Sec SW Parcel# 2179-103-00-109
Property Address 0511 C63 RA 111 Neighborhood Code 4dnt1n7
00
VIB
Owner's Name
Mailing Address City/State Zip
Sales Date
Book & Page
or
Clerk's No.
Type
Deed
Doc. Fee
414702
s -t,
1 Pq•. '4�rve
.,
a 4`,;•
—g-- = - -,.,r1 !
_—
IF .
i --÷77-7- _•_
t _ v
jp,y.•. .E••"e
- - t,' .ia 's: =
'. 1•.•y - -
.' „i.- '
•�' '
'
VID
Schwabe,Richard
40
6
30
89
757/665
WD
12.80
VIIC
414716
70
Waste
416700
80
Legal Description 396/380;530/982-984;570/194;561/923;L=1
808/236,Res#79-4;
4-02 ME Cor.'Lot 11, thenceB. 175' MA,
376-4o. A tr. being pt e[ Lo to thence E. 371', thence S. 511.5•, to
S, 30 6 Co. Ad., thence M. 1031.0', thence
- Cont 16.11 c. 11 and SNSM
Bey, at • N. 660' M/1.. to pitch, thecca N. 68•
15' W. 715' „thence N. 35.15' W. 225',
DC whence SW Cor. bear. thence N. ' 60 9W. 380' thence N. 861
_ 8 42.56' W. 1677.8', 16' W. 211' to P.O.B.
thence M. 6.30' M. 302' " A tr o6 Meander Land Cont. 11.744c,
Nance S. 55. 4' E. 796' I- Beg. ata Pt on S. Meander line whence
thence B. 51.25' E. to [' the 54Cor. beer 5. 660', thence N.
W-8 Canter lin. of 1018 315', thence N. 62.16' W. 920,56',CONT.
11 Nene. M. to /, wan- THENCE M. _6.47' W. 229.68', thence
-der 11n. , thence 8Ely to M. 32.20' M. 170.22' M/1, thence 5.-
15• W. 490', thence 5. 49• E. 1083',-
-. thence E. 61• E. 775' to P.O.E.
TOTAL_ 70_24Ac.
447-92-
1
SCS Map No
LAND CLASSIFICATION
IRRIGATED
CLASS CODE YIELD TONS ACRES
ILB 411742 4
IIIB 411722 3.5
IVA 411792 2.75
IVO 411702 2
IVE 411762 1.5
Total Acres All Classes
GRAZING
CLASS
CODE
Animal Unit ACRES
VIB
414701
25
VC
414712
30
VIC
414702
35
VID
414713
40
VID
414703
45
VIII
414705
60
VIIC
414716
70
Waste
416700
80
MEADOW HAY
CLASS CODE YIELD ACRES
VH 413701 .75
VG 413702
.5
DRY FARM
CLASS
CODE
YIELD/BV ACRES
IVB
412701
22
IVB
412702
15
OTHER AG
CODE VALVE/AC ACRES
418005 $50
418004 $100
418010 $200
418008 $250
418009 8350
418007 $500
SUMMARY OF VALUE
ACTUAL VALUE
ASSESSED
Year
5 7
s 1
�I
Imps
57 lin
43.3V)
S` 11 1
c:17 0
Other
�0u
'% 7i)
4-4-0
Total
&4)-7,c)
S03/-0
G3.70
Land Imps
19zo 102.0
2310
71 o U
Other
7.90
13 U
Total
Izyob
13340
ACTUAL VALUE ASSESSED
Year
Land
Imps
Other
Total
Land Imps •
Other
Total
z
BUILDING FEATURES
co
0
O
COVERED PORCH
ENCLOSED PORCH
WOOD BALCONY
CARPORT A 0
GARAGE A D
SHED STORAGE
w
LL
2
0
a
0
O
0
m
WOODSTOVE
FORCED AIR
IMPROVEMENT INVENTORY
3
O
z
a
a
cr
U
0
0
0
0
8
0
¢
Q
0
a
PRORATION -MONTHS
CONDITION ADJUSTMENT
0
w
Z
0
U
LL
CONDITION
0
0
3
0
MASONITE
J
Q
s
ASPHALT SHINGLES
J
LIJ
w
m
(a7
0
W
¢
¢
cc
0-
COMMENTS
I1
N
•I •
I ['
l o
.I.
01I
P
I. I
.I. I
I I
Board
Ross Talbott -Chairman
William Montover
Sean Mello
Cary Schroeder
Gordon Witzke
•
Silt -New Castle Volunteer F.P.D.
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chief
April 26, 1993
To Whom it May Concern:
The Richard Schwabe land in section 10 T. 5S - R92W is in the
Silt/New Castle fire district.
Sincerely,
72, 1 -
Don Ztrfdel
Cheif Silt/New Castle FPD.
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
OCI 2 5 1993
(A)=tiFI ,LD COUh )
•
ATE OF COLORADO
October 20, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Spr ngs, CO 81601
RE: Schwabe Exemption
SW 1/4 and SE 1/4, Section 10, T 6 S, R 92 W, 6TH P M
Division 5, Water District 45
Dear Mr. Michaelson:
Roy Romer
Governor
Ken Salazar
Executive Director
Hal D. Simpson
State Engineer
We have reviewed the above referenced proposal to split a 30.24 acre parcel into three lots
of 25.68 acres, 2.229 acres, and 2.229 acres. The proposed water supply appears to be individual
wells on each parcel. An existing well, permit no. 57558, appears to be located on the 25.68 acre
parcel, and will presumably be used to provide the water supply for this parcel. Use of well permit
no. 57558 is limited to the domestic uses that were initiated prior to May 8, 1972. Each of the
other two parcels currently have an application pending in this office for a household use well
permit.
The 30.24 acre parcel is located in the Colorado River drainage in an area that is
overappropriated. Generally, in overappropriated areas, new well permits are not available on
subdivided parcels of less than 35 acres in size that were created after June 1, 1972 without a water
court approved plan for augmentation.
Should the county commissioners elect to exempt the three lots from the definition of a
subdivision as defined in C.R.S. 30-28-101(10) (d), we will issue household use well permits
contingent upon the following conditions:
1. The applicant meets the condition that a non -evaporative waste water disposal system
will be used.
2. The household use well will be the only well on the parcel.
3. The appropriate well permit applications and a county approved plat containing the
commissioner's approval signatures have been submitted.
• •
Mr. Dave Michaelson Page 2
October 20, 1993
The well permits which will be available for the exempted parcels will be limited to use
inside one single-family dwelling only. Outside use for lawn and garden irrigation or livestock is
prohibited. Plat notes and covenants should reflect this limitation. Prospective lot purchasers
should be made aware of the limitations on water use and other information contained in this
letter. We recommend that a copy of this letter be given to lot purchasers and submitted with the
well permit application(s).
Please let us know if you have any further questions.
Sincerely,
Jeff Deatherage
Water Resource Engineer
cc: Orlyn Bell, Division Engineer
Robert Klenda, Water Commissioner
/jd
schwabe.sub
•
5-7
NOV 0 4 1993
GARFIELD CO(JNT-
Carmichael Surveying, Inc.
19351 Hwy 82 in El Jebel
P.O. Box 1367, Carbondale, Co 81623
( 303) 963-0757
To: Dave Michaelson, Garfield County Planner
From: Carl Carmichael
Re: Schwabe Subdivision Exemption Application
Dear Dave,
As you are aware, due to the catch-22 situation with the
State Water Engineer's office, I have been unable to finalize the
well permits for Dick Schwabe's property in Silt. While I am
confident we will receive them eventually, Dick's 120 day period
for filing the exemption plat is up November 6, 1993. Therefore,
I respectfully request an extension of the 120 day period, which
should enable me to finish this project successfully.
If you have any questions or need more information from me
to approve an extension for Dick, please contact me immediately.
Hopefully, you and Jeff Deatheridge have sorted out the situation
by now and we will be able to p ceed shortly
Nov. 3, 1993
neer
rmich.el P. . . 24303