HomeMy WebLinkAbout1.0 ApplicationBEFORE 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 J j 5
Z� �drr 7:50-41
itirq
of County Commissioners
Resolution the division
approximately
7S
respectfully petitions the Board
of Garfield County, Colorai , to exempt by
oft `f'% acre tract of land into - tract.; of
acres each, more or less, from the definitions
"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:
e / J 1
`/'/6z/41. as 1'WS_ � 7
SUBMITTAL REQUIREMENTS:
An application which satisfies the review
all the following information.
A.
B.
C.
D.
G
of
criteria must be submitted with
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;
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.
Copy of the deed showing ownership by the applicant, or a letter
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 any structure proposed for
conversion; and
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
fire protection plan from appropriate fire district; and
If connection to a community or municipal water or sewer system
is proposed, a letter from th gov r ing ;� dy� sta nA
willingness to serve; and d,e-evaad".ur41 ///c. /�r�y� '�$ii6�o
H. Narrative explaining why exemption is being requested; and 4M46
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 $100.00 fee must be submitted with the application.
!etitioner 1
Mailing Adress,
G-/", z9/ S:1214�f. 6 , � `6 D _
City 7/ State
eph ne�'
Number f ?-3,-EZ-
Telephone
3
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 pact of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a p.:blic
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 ir, 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 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 set forth it
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in thesE
Regulations.
Conveys: A tract of land situa
of Section 2, Tp. 6, S., R. 89
described as follows: Beginning
thence N. 0043' ;last 208 feet, th
thence S. 0°43' .'gest 473.1 feet t
highway No. 24, thence N. 74032'
line of said U. S. Highway No. 24
feet to the point of beginning, c
ted in Lot two (2) and the NW -SE,
, 6th F. L., and more fully
at the SE corner of said Lot 2,
once i'. 76°39' gest 102.77 feet,
o the Northerly line of U. S.
mast 103.75 feet along the Northerly
, and thence N. 0°43' Last 213.7
ontaining 1 acre, more or less.
/0.0 t7 PAkea
Beginning at the Northwest Corner of the Northeast Quarter of the
Southeast Quarter (NEESEE) of Section Two (2), Township Six (6) South, Range
Eighty-nine (89) West of the Sixth Principal Meridian; thence Easterly along the
quarter section line 172 feet; thence South to the North boundary of U. S.
Highway No. 24; thence Westerly along the Northerly boundary of said U. S.
Highway No. 24 to its intersection with the West line of the NESE of Section 2;
thence Northerly along the West line of said NESE of Section 2, to the place
of beginning,
JRVEY Rill AREA, COLORADO 37
sant-
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ength.
i con -
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iefined
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y sand
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y alkali
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ti'ildlde
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i mited
v
66—Torrlorthents-Camborthids-Rock outcrop com-
plex. steep. This broadly defined unit consists of ex -
;owl sandstone and shale bedrock, loose stones, and
pals that are shallow to deep over sandstone and shale
Cock and stony basaltic alluvium. This complex
oars throughout the survey area. The soils and out -
OOPS are moderately steep to very steep. Slope ranges
1100M 15 to 70 percent.
Tornorthents make up about 45 percent of the com-
Camborthids make up 20 percent, and Rock out -
OW makes up 15 percent. The Torriorthents are on
Whits and mountainsides below Rock outcrop. The
epdeately steep Carnborthids are on lower toe slopes
iiF 3 concave open areas on foothills and mountainsides.
Tomorthents are shallow to moderately deep. They
No amorally clayey to loamy and contain variable
vo.rits of gravel, cobbles, and stones. The surface is
ray covered with stones weathered from the higher-
fpr+q Rock outcrop. South of the Colorado River, basaltic
Ws and cobbles are on the surface.
CamOorthids are shallow to deep. They are generally
*Wry to loamy and have slightly more clay in the sub -
epi man in the surface layer. The surface layer is light
pr+red. The profile is normally free of stones, but scat -
bred basalt stones, cobbles, and sandstone fragments
Aon the surface.
The Rock outcrop is mainly Mesa Verde sandstone
pi Wasatch shale. Some areas are covered with basal-
t boulders and stones. Small areas of limestone out-
and exposed gypsum are in the eastern part of the
tttror area.
tooded in mapping are small, isolated areas of Ilde-
Lazear, Ansari, Begay, Heldt, and Dollard soils.
ontermittent areas make up 10 to 20 percent of
enap unit.
complex is used for grazing, wildlife habitat, and
tion.
the stones on the surface and the steep slopes make
complex unsuitable for crops. Some areas can be
to pasture by broadcast seeding. Other plant -
:periods are made difficult by the stones and slopes.
native vegetation includes wheatgrasses, blue -
Indian ricegrass, needlegrasses, bitterbrush,
11001Cliornahogany, sagebrush, and an overstory of
and juniper.
1)* value of grazing is fair. The vegetation should be
wed to maintain wood production and limited graz-
Seiectrvely thinning the pinyon and juniper improves
and provides firewood and posts. Steep slopes,
to severe erosion hazard, and slow regrowth
affect harvesting arid management.
,tlgit of this complex is a prime wintering area for
Rabbits, coyote, and a few elk also find food and
CO this complex.
is limited by steep slopes and stoniness.
irritations can be overcome by appropriate
and construction.
This complex is in capability subclass Vile, nonirrigat-
ed.
67—Torriorthents-Rock outcrop complex, steep.
This broadly defined unit consists of exposed sandstone
and shale bedrock and stony soils that are shallow to
moderately deep over sandstone and shale and stony
basaltic alluvium. Areas of this complex occur throughout
the survey area. The soils and outcrops are moderately
steep to very steep. Slope ranges from 15 to 70 percent.
Torriorthents make up about 60 percent of this com-
plex, and Rock outcrop makes up 25 percent. The Tor-
riorthents are on foothills and mountainsides below the
Rock outcrop.
Torriorthents are generally clayey to loamy and con-
tain variable amounts of gravel, cobbles, and stones.
The surface is normally covered with stones weathered
from the higher -lying Rock outcrop. South of the Colora-
do River, stones and cobbles of basalt are on the sur-
face.
The Rock outcrop is mainly Mesa Verde sandstone
and Wasatch shale. Some areas are covered with basal-
tic boulders and stones. Small areas of limestone out-
crops and exposed gypsum are in the eastern part of the
survey area.
Included in mapping are small isolated areas of Ilde-
fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils.
These intermittent areas make up 10 to 15 percent of
this map unit.
This complex is used for limited grazing, wildlife habi-
tat, and recreation.
Because of the stones on the surface, the Rock out-
crop, and the steep slope, this complex is unsuited to
crops.
The native vegetation includes wheatgrass, bluegrass,
Indian ricegrass, needlegrass, bitterbrush, sagebrush,
mountainmahogany and an overstory of pinyon and juni-
per.
The vegetation should be managed to maintain wood
production and limited grazing. Selectively thinning the
pinyon and juniper improves grazing and provides fire-
wood and posts. Steep slopes, moderate to severe ero-
sion hazard, and slow regrowth of trees affect harvesting
and management.
Most of this complex is a prime wintering area for
deer. Rabbits, coyote, and a few elk also find food and
cover on this complex.
Community development is limited by the Rock out-
crop, steep slopes, and stoniness. These limitations can
be overcome by appropriate design and construction.
This complex is in capability subclass Vile, nonirrigat-
ed.
68—Vale silt loam, 3 to 6 percent slopes. This deep,
well drained, gently sloping soil is on mesas, terraces,
and alluvial fans. Elevation ranges from 5,000 to 7,200
feet. This soil formed in calcareous eolian material. The
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g_f 84,, a 1e p avice / ., l ?./ /9,v9, /4 Aft
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NONAME CREE
TER SOCIATION, INCORPORATED
/14,./Li • --s} 7,42,
%(/:(:){/ eart //Xe% //./(4
Noname Creek Water Association, Incorporated
%rid/.i/i'i(f (() fri✓f (2j1 (he Ifr%s/;i r/ fi ' ii
• •
\o. 45
oc . rr16886
Thelma Blain and L. L. Blain 'WARRLJ TY DEED - JOINT TENnI?TS
To Dated June 24, 1949.
r;cknowledged June 24, 1949,
James B. Samuelson and before Dorothy L. Cowles,
Larilyn J. Samuelson Notary Fublic, Garfield County
Colorado.
Consideration 41.00
Conveys: A tract of land situated in Lot two (2) and the Nd:_SE,
of Section 2, Tp. 6, S., R. 89 W., 6th F. L., and more fully
described as follows: Beginning at the SE corner of said Lot 2,
thence N. 0°43' vast 208 feet, thence N. 76039' ,Jest 102.77 feet,
thence S. 0°43' West 473.1 feet to the Northerly line of U. 3.
Highway No. 24, thence N. 74032' east 103.75 feet along the Norther
line of said U. S. Highway No. 24, and thence N. 0043' East 213.7
feet to the point of beginning, containing 1 acre, more or less.
Together with any and all ditch and water rights belonging to,
used upon or in connection with the lands above described, and
more particularly, but without limitation upon the foregoing, the
proportionate inter :st in and to the ditch and water rights to
which said lands are entitled under that certain decree appearing
of record in the office of the Clark and Recorder of uarfield
County, volorado, as Document No. 29215v in book 51 pt page:337
thereof.
Filed for record June '24, 1949 -at 2:15 o'clock 1. and
record,e.d in book 243 at page 430 thereof.
Vt..
t
y
Book 40 Page 318 rr77 �j
Filed for record the _.�6___day of __U_ `. D. la:4.6'
g a�clock_PM.
Reception No. 245393
fit
eeb, Made this
one thousand nine hundred and fifty—four
MARIE ROSE LUPTON
Chas.
eegan,
RECORDER.
By ---DEPUTY.
day of January
between
of the County of Rowan and State of
in the year of our Lord
. r.�.:► r•. of the first part, and
entucky
JAMES B. SAMUELSON and MARILYN J. SAMUELSON
and State of Colorado, of the second part;
of the County of Garfield
Witnesseth, That the said party of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations neaacaltt,
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said parties of the second part, not in tenancy in common but in
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following
described lot or parcel of land, situate, lying and being in the County of Garfield and State
of Colorado, to -wit:
Beginning at the Northwest Corner of the Northeast Quarter of the
Southeast Quarter (NE4SE4) of Section Two (2), Township Six (6) South, Range
Eighty-nine (89) West of the Sixth Principal Meridian; thence Easterly along the
quarter section line 172 feet; thence South to the North boundary of U. S.
Highway No. 24; thence Westerly along the Northerly boundary of said U. S.
Highway No. 24 to its intersection with the West line of the NESE of Section 2;,
thence Northerly along the West line of said NE,ISE4 of Section 2, to the place
of beginning, together with any and all ditch and water rights belonging to,
used upon or in connection with the lands above described, and more particularly
but without limitation upon the foregoing, the proportionate interest in and to
the ditch and water rights to which the said lands are entitled under that
certain decree appearing of record in the office of the Clerk and Recorder of
Garfield County, Colorado, as Document No. 29215, in Book 51, at Page 337 thereof.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining, 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.
To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
And the said part y of the first part, for herself heirs, executors, and administrators, do es
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns
and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents,
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and has 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,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, 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 party of the first part ha hereunto set her
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of /r
/n —.... rte
hand
• }t_ iC
KENTUCKY
STATE OF COLCantiMXX
ss.
County of ROWAN f The foregoing instrument was acknowl-
edged before me this / X day of January , 195l)4
by* MARK ROSE LUPTON
Witness my hand and official 4.eal.
My commission expires /
i9 -f"7
Notary Ppblc.
*If acting in official or representative capacity, insert name and also office or ict.city and for whom act.'i
600-BrP—RevIsed WARRANTY DEED TO JOINT TENANTS --Out West Printing and Stationery Co., Colorado Springs, Colo.
/ SCHMUESER GORDON MEYER INC.
1512 Grand Avenue, Suite 212
Glenwood Springs, Colorado 81601
(303) 945-1004
CONSULTING ENGINEERS & SURVEYORS/
11 April 1989
Job #8173
EASTERLY PARCEL
A tract of land situate NE 1/4 of the SE 1/4 of Section 2, Township 6
South, Range 89 West of the 6th P.M. being more particularly described as
follows:
Beginning at the northwest corner of said NE 1/4 of the SE 1/4, whence
the E 1/4 corner of said Section 2 bears S 87°39'36" E 1201.93; thence
S 87°39'36" E 172.00 feet.along the north line of said NW 1/4 of the
SE 1/4; thence S00°00'00" E 99.80 feet to the north right-of-way line of
Interstate 70 as described in Book 385 at Page 26 of the records of the
Clerk and Recorder of Garfield County, Colorado; thence S 70°07'11" W
185.01 feet along said right-of-way line; thence N 00°43'00" E 169.75
feet to the point of beginning, containing 0.53 acres more or less.
SCHMUESER GORDON MEYER INC.
WESTERLY PARCEL
1512 Grand Avenue, Suite 212
Glenwood Springs, Colorado 81601
(303) 945-1004
CONSULTING ENGINEERS & SURVEYORS/
11 April 1989
Job #8173
A tract of land situate in Lot 2 and the NW 1/4 of the SE 1/4 of
Section 2, 'bwnship 6 South, Range 89 West of the 6th P.M. being more
particularly described as follows:
Beginning at the northeast corner of said NW 1/4 of the SE 1/4; thence
S 00°43'00" W 169.75 feet to the north right-of-way line of Interstate
70 described in Book 385 at Page 26 of the records of the Clerk and
Recorder of Garfield County, Colorado; thence S 70°07'11" W 107.13 feet
along said north right-of-way line; thence N 00°43'00" E 437.91 feet;
thence S 76°39'00" E 102.77 feet; thence S 00°43'00" W 208.00 feet to
the point of beginning, containing 0.94 acres more or less.
• •
James B. Samuelson
I hereby hand deliver to the undersigned the LO'i'ICE application
for the granting of an Exemption to allow the re -division of• my
land at Noname into 2 parcels.
Dated -
31)/9Y'7
Signed as nearby property owner or holder
M,
Name
• •
Jaynes B. Samuelson
I hereby hand deliver to the undersigned. the NOTICE application
for the granting of an Exemption to allow the re—division of my
land at Noname into 72:. parcels.
Dat ed- �—‘aD-8
Signed as nearby property owner or holder
• •
James B. Samuelson
I hereby hand deliver to the undersigned. the NOTICE application
for the granting of an Exemption to allow the re—division of my
land at Noname into 2 parcels.
Dated. /3O
Signed as nearby property owner or holder
Katie
1?;. L.Nek. Q sa R'e,oU�CeC(A-c i
Title )
i
DALE:
TIME:
FITE:
-1/.7";
RECORD OF CONVERSATION
COMMENTS: a-7/
OUTGOING:
INCOMING:
CONTACT
/L a,
FURTHER ACTION REQUIRED:
SIGNED: