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Home My WebLink About1.0 ApplicationBEFORE 'OE BOARD OF COUNTY COMMONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Brenda J. St. John respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 4.679 acre tract of land into 2 (two) tracts of approximately _ 2.339 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: For the purpose of refinancing. 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 map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. 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 F. 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 of 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. J. A $300.00 fee must be submitted with the application. Petitioner 6021 Silt Mesa Rd. (213 Rd.) Mailing Address Silt, CO. 81652 City 876-2740 State Telephone 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 additional 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; and 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 DevelopmenUPlanning 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 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 (3)) 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. LEGAL DESCRI PTIONS TRACT A 2?4-on A portion of Tract. No. 61 in Section 35, T.5S. R.9214. of the 6th Principal Meridian, according to ('t ,I No. 1 of the Antlers Orchard Development Co. on record in the office of the ,.,,unty Clerk and Recorder of Garfield County, Colorado, otherwise described as the WI of the SW4 of the SW4 of the 3E4 of said Section 35, and being more particularly described as follows: Beginning at a point on the northerly right-of-way line of County Road No. 233 from which point the SW corner of said Section 35, an axle monument found in place bears 5.89°07'24"W. a distance of 2672.13 feet; thence N.00°17'25"W. a distance of 630.40 feet; thence S.89°56'53"E. a distance of 325.10 feet; thence S.00°02'21"E. a distance of 630.20 feet to a point on the northerly right-of-way line of County Road No. 233; thence S.89°53'42"W. and along the northerly right-of-way line of said County Road No. 233 a distance of 322.80 feet more or less to the Point of Beginning. Containing 4.679 acres more or less. TRACT B A portion of Tract No. 61 in Section 35, T.5S. R.92W. of the 6th Principal Meridian, according to Plat No. 1 of the Antlers Orchard Development Co. on record in the office of the County Clerk and Recorder of Garfield County, Colorado, -otherwise described as the Ei of the S4 of the SW4 of the SE4 of said Section 35, and being more particularly described as follows: Beginning at a point right-of-way line of County Road No. 233 frown whicch the SWornertof said Section 35, an axle monument, found in place, bears S.89°07'24"W. a distance of 2672.13 feet; thence N.89°53'42"E. and along the northerly right-of-way line of said County Road No. 233, a distance of 322.80 feet to the SE corner of Tract A, said SE corner being also the True Point of Beginning of Tract B, thence N.00°02'21"W. a distance of 630.20 feet; thence S.89°56'53"E. a distance of 325.10 feet; thence W S.00°12'43"W. a distance of 630.00 feet to a point on the northerly right-of-way M line of said County Road No. 233; thence S.89"53'42"W. and along the northerly right-of-way line of said County Road No. 233 a distance of 322.80 feet more or CV less to the True Point of Beginning of Tract B. Containing 4.679 acres more or aO less. O EASEMENT FOR WELLSITE WITHIN TRACT B Beginning at a point on the northerly right-of-way line of said County Road No. 233, from which the SW corner of said Section 35, an axle monument, found in place, bears 5.89°07'24"W. a distance of 2672.13 feet; thence N.89°53'42"E., and along said northerly right-of-way line of County Road No. 233 a distance of :22.,80 feet; theme N.00°02'21"W. and along the line separating the aforesaid tracts A c8 in the 3W4 of the SW4 of the SE2 of said Section 35, a distance of 305.50 feet; thence N. 00002'21"W. and along the line separating the aforesaid Tracts A & B, a distance of 20.00 feet; thence N.89°57'39"E. a distance of 23.00 feet; thence 5.00°02'21"E. a distance of 20.00 feet; thence 5.89°57'39"W. a distance of 23.00 feet more or less to the line between the aforesaid Tracts A & 8, and containing 0.012 acres more or less. I, Midford Lee Coolbaugh, a Registered Land Surveyor in the State of Colorado, do hereby certify that the above shown survey was done by me or under my direct super- vision and is true and correct to the best of my knowledge. , -7-( 1/1 �. _ _.-._ PROPERTY DATE Sept. 20, X979 SCALE I":60 JOB N0. 79127 Drown by • W.S. SHALE COUNTRY SURVEYING Suite 2 109 E.3rd St. Rifle,Co.8I650 Scale: I" = 60' .1.W. Corner Sec. 35 (Axle) 0 z 12 6 Septic tank 12 5 x x N.89°56153" W. x x o / x 325.1 Leach / Septic tank field Attached Garage Frame house with oiunirum — siditp 13 roof 12.8 Carport 3k 15.6 2.4 24'X9 Deck 0 TR}' CT A 4.6 T9 Ac.± 7 � I 1 Leach held I 1 - One story wood frame hoose with olumrrun roof Leach field Septic tank 322.8 X O N N.00' 02' 21' W. lV 20.0 -(7\ 64 X 5.4 Compressor have CV 0 z 10 k 54 Troller house N.89°57' 39"E. 230 wELL NOG°02 21" w. 1--�' 200 8.89-57'39"E 230 N. 89°53142" E. X 325.1 TRACT B 4.679 Ac.' 32.2.8 S.89°07' 2411 W. 2672.I3 COUNTY ROAD NO. 233 X X X x X X 0 = Set 5/8 rebar & cap L.S.10871 QUIT CLAIM DEED THIS DEED, made this day of _ WILFRED JR. ST. JOHN, of Garfield County, Colorado, G antor, whose address is 6021 Silt Mesa Road, Silt, CO 81652, of the Co Colorado, Grantee, , 1993, between d BRENDA J. ST. JOHN, ty of Garfield and State of WITNESSETH, That the Grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, her heirs, successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has 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 portion of Tract No. 61 in Section 35, T. 5 S., R. 92 W. of the 6th Principal Meridian, according to Plat No. 1 of the Antlers Orchard Development Co. on record in the office of the County Clerk and Recorder of Garfield County, Colorado, otherwise described as the W'/z of the SW1 of the SW1 of the SE' of said Section 35, and being more particularly described as follows: Beginning at a point on the northerly right-of-way line of County Road No. 233 from which point the SW corner of said Section 35, an axle monument found in place bears S. 89°07'24" W. a distance of 2672.13 feet; thence N. 00°17'25" W. a distance of 630.40 feet; thence S. 89°56'53" E. a distance of 325.10 feet; thence S. 00°02'21" E. a distance of 630.20 feet to a point on the northerly right-of-way line of County Road No. 233; thence S. 89°53'42" W. and along the northerly right-of-way line of said County Road No. 233 a distance of 322.80 feet more or less to the Point of Beginning, Containing 4.679 acres more or less. TOGETHER with any and all water and water rights, ditch and ditch rights - of -ways thereunto appertaining or used in connection therewith, including 2'/2 shares of Farmers Irrigation Company Capital Stock. ALSO TOGETHER with all water and water rights from and concerning that water well which is registered with the State of Colorado, Division of Water Resources, permit number 30223. 'also known by street and number as: 6021 Silt Mesa Road, Silt, Colorado 81652 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 only proper use, benefit and behoof of the Grantee, her heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth asove. STATE OF COLORADO COUNTY OF GARFIELD filh )ss. R 4JR. ST. •HN �e -foregoing instrument was ackn ►wledgcd before me this , 1993, by Wilfred Jr. St. oh itness my hand and official seal. Address: My commission expires: 111 4f% day of LIST OF NAMES AND ADDRESSES OF ADJOINING LAND OWNERS Dutch or Dorothy Bagley 1211 Co. Rd. 229 Silt, Co. 81652 2179 051 00 040 and 2179 051 00 281 Perry L and Susan M. Will 6091 233 Rd. Silt, Co. 81652 2127 354 00 028 Warren L. and Gloria Jewell August G. and Alberta Jewell 1531 259 Rd. Rifle, Co. 81650 2127 354 00 046 OV2 -P$41 Wk2J•25.75 TYPE OR Pp INT IN BLACK INK. COPY OF ACCEPTED STATEMENT MAILED. ON REQUEST. COLORADO DIVISION OF WATER RESOURCES ��IvED 818 Centennial Bldg., 1313 Sherman St. Deriver, Colorado 80203 SEP 2 0 1979 STATE OF COLORADO AFFINOM RESOURCES COUNTY OF Garfield (SS.E ENGINEER STATEMENT OF BENEFICIAL USE OF GROUND WATER - X AMENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER 3o.2c2.3 THE AFFIANT(S) Gary P. and Beverly J. Spevere whose mailing address is 6021 233 Road City Rifle COLO. LOCATION OF WELL county Garfield SW i, of the SE %, Section 35 Colorado 81650 Twp. 5 S Rn9. 92 W 6th P M IST.T[1 (rip) ,N OR SI lE OR WI bring duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is located as described above, at distances of 306 feet from the South section line and •2295 feet from the (NORTN OR SOOT.) East section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the day of a '4 , 197-9• ; the maximum sustained pumping rate of the well isflowing gallons per minute, the pumping rate claimed hereby is 10 gallons per minute; the total depth of the well is 55 feet; the average annual amount of water to be diverted is acre-feet; for which claim is hereby made for domestic purpose(s); the legal description of the land on which the water from this well is used is t1/2SW1/4SWItSE1/4 of Sec. 35, T5S, R92W of the 6th P.M. of which acres are irrigated and which is illustrated on the map on the reverse side of this form; thot this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (hove) read the statets rpe7Je hereon; knows the content thereof; and that the some are true of his (their) knowledge. (COMPLETE R.f',$SE SIDE OF THIS FORM) Signature(s) Subscribed and sworn to before me on this 141 day of My Cprnrr,ission expires: mYN-4._ , 191g 3 ve LIC ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: FOR OFFICE USE ONLY Court Case No. Prior. Mo. Day Yr. Div. Cty Sec. %. /. /. Well Use Dist, Basin Man. Dis. DATE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman Street, Denver, Colorado 80203 OR PRINT IN BLACK INK. APPLICATION MUST BE COMPLETED BEFORE ACCEPTANCE. 'LICATION FOR: A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL REPLACEMENT FOR NO. A PERMIT TO INSTALL A PUMP OTHER (36M141L:C 7/<)i✓ o�' Di c' yr ,,jF•r� -- to/:- 1.//e).)-1\0- so B'C/C !/C'^rS /i)(: 'LI CANT (;Qt Address & State /) /,> ), l �.� .cphone No. ,)% :'r �, - //_ EOF AQUIFER GROUND WATER IS TO BE OBTAINED POSED TOTAL DEPTH OF WELL IMATED MAXIMUM PUMPING RATE Ft. �0. GPM RAGE ANNUAL AMOUNT OF GROUND WATER TO BE ROPRIATFD TCTPATED GROUT PROGRAM crvals comcnt Method )) .' �� re"Yric•'1-17' Acre-feet POSED CASING: Ln � in. from in. from C. �� in. from in. from _.o / ! pYl j)i / „ b 0-11 WELL IS USED FOR IRRIGATION L1er rocs IF (9 ft. to ;-4,— ft. ft. to_ ft. ft. to 4:3-- ft. ft. to ft. No. 1d 1 BACK SIDE JUIN 10'x: GROUND WATER TO BE USED FOR: WATER i:NATE kN(,ks iNLEr; DOMESTIC (1) ��tL ( COMMERt 4 ) LIVESTOCK (2) INDUSTRIAL (5) MUNICIPAL (8) IRRIGATION (6) OTHER WELL LOCATION COUNTY ofthe <'% .E 1.7 p 4 of Section ,3 , R. q1/_, lP - P.M. IN ADDITION TO THE ABOVE, THE WELL MUST BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS, MONUMENTS OR SECTION LINES BY DISTANCE AND BEARING (DOMESTIC WELLS MAY BE LOCATED BY LOT, BLOCK, & SUBDIVISION.) 1'2,0 ft. from �0 section line (North or South) 9 /6 ft. from /- section line (East or West) LOT BLOCK SUBDIVISION FILING # Ground Water Basin Water Mgmnt. Dist. )0. / V /'G'b• Anticipated drilling date . 19 /;.7 Owner of land on which well is located: Other water rights on this land /7-d lc 1: 1 Y y j y at/ o T T /1- l// 5_ { t i / (e Signature of Applicant OF THIS APPLICATION MUST BE COMPLETED. (JY c) )ITIONS OF APPROVAL FOR OFFICE USE ONLY APPLICATION APPROVED: VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY. PERMIT NO. DATE ISSUED STATE ENGINEER BY .in rf-1- , .- /9 7 • SNR) -25-M-• G" 2 4 1967 STATE OF COLORADO 20 M -4S-"""" Index No. /6 `7 limp 6-- .3 Use Registered tt /°'6i DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER MAP AND STATEMENT FOR WATER WELL FILING PERMIT NUMBER 'SO / 1-72 . i ti, II APR 10�� T: Know all men by these presents: �[ hat the dersigned +d� /1 Si e tc- .'' i claimant(s), whose address is !, L f 1 yC 6 3 , City ,bi states: Claimant(.sf is (a. ) the owner(e) of well No. 3C /.•?,1a-' located as shown on the map below; the • total number of acres of land owned by him (them) to be irrigat d from this well is was commence on actual construction / day of 19 �, the tested capacity of said well is /0 (gpm) (¢€s), for which claim is hereby made for fir,,, vsc•, purposes; that the average annual amount of water to be diverted is • ---- acre -ft.; and that the aforementioned statements are made and this map and statement are filed in compliance with the law. d thiswell by1 ; work State of Colorado County of SS Subscribed and sworn before me this Claimant(s) • day of , 19 My Commission expires Lt. - 47 Notary Public MAP THE WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, OR SECTION LINES BY DISTANCE AND BEARING. feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS- HATCHED. The square below will be used to indicate the location of the well and the irrigated land. 1 1 4 I 1 I I 1 I - - - T - - 1- ------------------ $ 1 I I 1 I ^--.1.-- Ir. --y.. I 1 I I 1 I --t--1---r-----t-- ' e 1 e 1 1 1 4 L i I I I I I .I. I I 1 4 I ------ I I I I ---4.--r I I ---r--- 1 I 4 1 1 1 1 1 - - - T'--1-- - T - - I 1 1 1 I 1 1 r , 1 1 1 1 1 1 1 I I + 1 • ( 1 - - - T - - 1 1 1 1 1 I 4 1 • 1 1 1 I I °If L(') " ALL LOCATION 23 County 1/4 1/4, sec ) l mi. R. 9 tt , P M. Ground Water Basin Water Management District Domestic wells may be located by the following: LOT , BLOCK SUBDIVISION ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON THIS DAY OF , 19 State Engineer WELL LOG Ground Elevation Type Drilling LOG AND HISTORY Use additional paper log and attach. State ci Colorado County of if necessary to complete WELL DRILLERS STATEMENT TOTAL DEPTH �S SS Date Started WELL DATA /6-1,' Date Completed_ Hole Diameter: in, from in. from ---.—_._ in. from CASING RECORD Cemented from Size, kind_ Size , kind Size , kind_ Size , kind Size_ , kind _._e___ ft. to may ft. ft. toft. ft. to ft. Plain Casin ft. to -. ft. from ft. to ft. from ft. to Perforated Cas in rom ' ft. to ft• from ft. to ft. Size_ , kind from ft. to ft. TEST DATA Date Tested Type of Pump Length of Test Constant Yield Drawdown r s+ PUMP DATA (To be filled in) Type of Pump Outlet Size Driven by Horsepower ?/ DEPTH TO 69A1133 Flo et,/ Al ft. • C.says: he is the driller of the above described Gn mead the above mar and statement, knows the 2ontent thereof, and the same is true of his own knowledge, being duly sworn, deposes and subscribed and sworn to before me this iy Commission expires_ 'ORM TO BE MADE OUT IN >ri F ,final W UADRUPLICATE: WHITE (both sides) & Triplicate GREEN Copy must be filed with the State Engineer within 30 -days after well is completed. Duplicate PINK copy is for the Owner G YELLOW copy for the Driller. WHITE FORM MUST BE AN ORIGINAL COPY ON )DFS AND SIGNED, BOTH J.tr �.. 19 License No. day of Notary Public �C C� map • 19 wwiviv yr WVH�erc nr�vuK�tS g`ATE ENGE SEER'S OFFICE ( DENVER, COLORADO Received of Address AP ..41 Amount Received r� _ 4,rtr1� Sim Date ,9Z No. G W 37171 Concerning Well Permits Dollars $ STATE ENGINEER By Check No. W Rn.ea71 (PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY' Cash Permit No. RECEIPT COPY Approved Replacement Inc. Yield Sale of Books Cert. of Doc. Construction Final X Copy of Record �� License Late Registration , �( Chg. of Record �� Other STATE ENGINEER By Check No. W Rn.ea71 (PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY' Cash Permit No. RECEIPT COPY Approved Brenda St. John 6021 Silt Mesa Rd. (233 Rd.) Silt, CO. 81652 July 21, 1993 To Whom It May Concern: I am resectioning my property for the purpose of refinancing. Sincerely, Brenda J. St. John Brenda St. John 6021 Silt Mesa Rd. (233 Rd.) Silt, CO. 81652 July 21, 1993 To Whom It May Concern: The need to subdivide the property is for Purpose of refinancing. Sincerely, Brenda J. St. John