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HomeMy WebLinkAbout1.0 Application410 41 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned David J. Tomasetti and Roder Wilde respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 12.94 acre tract of land into 3 tracks of approximately 4.3 acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined C.R.S. (1973) Section 30-20-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: See attached letter dated December 7, 1989, Board of County Commissioners. 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 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 January 1, 1973 or the parcel existed as described on not more than three parcel as it exists presently is one of parcels created from a larger parcel as it existed on January 1, 1973. J. A $100.00 fee must be submitted with the application. e ti0ner, David J. Tomasetti Roger Wilde P.O. Box 203 Mailing Adress Basalt, Colorado 81621 City (303) 927-3161 Telephone Number State • • 1989 tiN TY December 7, 1989 Mr. Glen Hartman Garfield County Planner 109 8th Street Suite 303 Glenwood Springs, CO. 81601 RE: PETITION FOR EXEMPTION, Tomasetti & Wilde, Petitioners Dear Mr. Hartman: Enclosed is a corrected list of the names and addresses of property owners adjoining and lying within 200 feet of the subject property proposed for exemption. This represents Submittal Requirement D. I would appreciate you replacing the incorrect list with the enclosed. Thank you. Very truly yours, • To asetti, Petitioner By Da e • Names and addresses of record of land immediately adjoining and within 200 feet of the proposed exemption: William Sherwood 602 East 1st Street Durango, Colorado 81301 Robert Gillespie 7484 County Road 100 Carbondale, Colorado 81623 United States Government Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO. 81602 William and Diane Teague 4294 County Road 103 Carbondale, CO. 81623 • • Names and addresses of record of land immediately adjoining and within 200 feet of the proposed exemption: William Sherwood 602 East 1st Street Durango, Colorado 81301 Robert Gillespie 7484 County Road 100 Carbondale, Colorado 81623 United States Government Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO. 81602 William and Diane Teague 4294 County Road 103 Carbondale, CO. 81623 • PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT C RE: Copy of Deed showing ownership by the applicant. AGE? -3"5-COPY Countersigned: Authorized Officer or Agent — City and State File No. GL2152 1. Policy Date September 5, 1989 2. Name of Insured: SCHEDULE A at 8:52 A.M. 1 Roger Wilde and David J. Tomasetti TIM Owners Form 2312 Policy No.AZ 753858 Amount $60,000.00 3. The estate or interest in the land described herein and which is covered by this policy is: A Fee. 4. Title to the estate or interest covered by this policy at the date hereof is vested in: Roger Wilde and David J. Tomasetti 5. The land refer ed to in this policy is situated in the County of Garfield State of Colorado and is described as follows: See Attached Exhibit A 9/11/89ja Page 1 This Policy valid only if Schedule B is attached. File No. GL2152 EXHIBIT A Policy No.AZ 753858 5. The land referred to in this polic situated in the County of Garfield, State of Colorado andyissdescribed as follows: A part of Lot 14, Section 18, Township 7 South, Range 87 West of the 6th Principal Meridian, situated in Garfield County, Colorado, more Particularly described as follows: Beginning at a point on the North line of Northeast corner of said Section 18 bears thence S. 1°08'53" W. 490.99 feet; thence the Easterly boundary of the County road; N. 2°48' W. 280.14 feet; N. 43°55' E. 137 feet; thence N. 89°55'36" E. 1041.31 feet COUNTY OF GARFIELD STATE OF COLORADO Page 2 said Section 18 from whence the N. 89°55'36" E. 1343.13 feet; S. 89°40'28" W. 1166.15 feet to thence along the County road .84 feet; and N. 24°15' E. 128.47 to the point of beginning. • File No. GL2152 i .,�.... u.,;.11313 Policy No. AZ 753858 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Reservations and exceptions contained in the United States Patent to the described property as granted to Ella J. Mallory August 28, 1916 in Document.No. 57959 in Book 92 at Page 306 including: There is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. 6. Rights of way and easements for roads, streets, ditches, canals, pipelines and utility lines including but not limited to: Right of way 80 feet wide through Lot 14 as granted in documents recorder in Book 94 at Page 27 and Book 143 at Page 339 and as recited in Affidavit filed in Book 315 at Page 525. 7. Easement for ingress and egress along the Public Service Company of Colorado transmission line easement, but not on said easement, as set forth in Warranty Deed recorded in Book 416 at Page 188 and Grant of a non-exclusive easement and right-of-way by and between William L. Bowen and Gertrude C. Bowen and Robert F. Gillespie and Gloria S. Gillespie recorded July 25, 1977 in Book 499 at Page 104 and Correction of Grant of Easement recorded April 3, 1978 in Book 508 at Page 66. 8. Right-of-way Easement granted to Holy Cross Electric Association, Inc., recorded April 12, 1978 in Book 508 at Page 500. 9. Rights or claims of parties in possession not shown by the public records; easements, or claims of easements, not shown by the public records; discrepancies, conflicts in boundary -lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records and all existing roads, driveways, ditches, canals, utilities, utility lines, pipelines, power lines, telephone lines, water lines and sewer lines, as same may cross subject property, and rights of way and easements therefor, whether of record or not of record. 10.Deed of Trust from Roger Wilde and David J. Tomasetti to the Public Trustee of Garfield County securing. William L. Bowen and Gertrude C. Bowen in the original amount of $45,000.00, said deed dated September 1, 1989 and recorded September 5, 1989 in Book 762 at Page 327 as Reception No.405290. 11.Any unpaid taxes or assessments. Page 3 ---- ".'I%corded at Reception No. THIS DEED, Made this WARRANTY DEED 1st day of September 19 89, between WILLIAM L. BOWEN AND GERTRUDE C. BOWEN of the *nalliDUCity of Elizabethtown and State of i entad y tor, and ROGER WILDE AND DAVID J. TOMA.S ;l'1'I whose legal address is 2191 E. Sopris Creek Road Basalt, CO. 81621 of the County of Eagle WITNESSETH, That the grantor for and in consideration of the sum of ED?K 762 P'G i' i GAR 1 ID SEP 0 5 1999 State Dcc. Fee pc and State of Colorado, grantee: Ten Dollars and Other Good And Valuable Consideration DOLLARS, 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, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached as known by street and number as: Vacant Land, Carbondale, CO. 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right. title, interest, claim and demand whatsoever of the grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has 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 as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment' , encumbrances and restrictions of whatever kind or nature soever, except for easements, restrictions, reservations, rights—of—way and covenants, all of record; real property taxes for the year 198' not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. William L. Bowen Gertrude C. Bowen STATE OF err i{E 5 -h -9 - it+ S C-otmty of - 1 ss. The foregoing instrument was acknowledged before me this by William L. Bowen and Gertrude C. Bowen My commission expires .3 - 2 .s *If in Denver, insert "City and ". day of , 19 8'9 . Witness my hand and official seal. L-' - tary Public , 19 6 , No. 932A. Rev. 7-84. WARRANTY DEED (For Photographic Record) Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292-2500 — 8-88 t iso. G1 ley2 �.- SCiIEDULE A 1 B'''!( X62 P!GE Stix 5. The land referred to in this Commitment is described as follows: A part of Lot 14, Section 18, Township 7 South, Range 87 West of the 6th Principal I4eridian, situated in Garfield County, Colorado, more Particularly described as follows: Beginning at a point on the North line of said Section 18 from whence the Northeast corner of said Section 18 bears N. 89°55'36" E. 1343.13 feet; thence S. 1°08'53" W. 490.99 feet; thence S. 89°40'28" W. 1166.15 feet to the Easterly boundary of the County road; thence along the County road N. 2°48' W. 280.14 feet; N. 43°55' E. 137.84 feet; and N. 24°15' E. 128.47 feet; thence N. 89°55'36" E. 1041.31 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT D RE: Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption. Names and addresses of record of land immediately adjoining and within 200 feet of the proposed exemption: William Sherwood 602 East 1st Street Durango, Colorado 81301 Robert Gillespie 7484 County Road 100 Carbondale, Colorado 81623 United States Government Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO. 81602 • • PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT H RE: Narrative explaining why exemption is being requested. 1 • PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT E RE: Evidence of soil types and characteristics of each type. g7-- • • The Tridell soil is,tsomewhat excessively drained. It formed in alluvium and colluviumderived dominantly from basalt. Slope is 12 to 50 percent. Typically, the upper part of the surface layer is grayish brown eroher.&t- - stony sandy loam about 2 inches thick. The lower part is very cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the underlying material is very cobbly fine sandy loam. The next 11 inches is cobbly sandy loam. The next 12 inches is very stony fine sandy loam. The lower part to a depth of 60 inches is very stony loamy sand. Permeability of the Tridell soil is moderately rapid. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is high. This unit is used for rangeland and firewood production. The potential plant community on the Morval soil is mainly needleandthread, western wheatgrass, muttongrass, prairie junegrass, and big sagebrush. The average annual production of air—dry vegetation is about 1,500 pounds per acre. The potential plant community on the Tridell soil is mainly Utah juniper, pinyon pine, galleta, bluebunch wheatgrass, and bottlebrush squirreltail. The potential production of the native understory vegetation in normal years is about 400 pounds of air—dry vegetation per acre. Mechanical treatment is not practical, because the surface is stony and slopes are steep. Management practices suitable for use on this unit are proper range use, deferred grazing, rotation grazing, and aerial spraying for brush management. Slope limits access by livestock and results in overgrazing of the less sloping areas. S3 • • g 7 -- The Tridell soil is suited to limited production of firewood. The average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. Special care is needed to minimize erosion when thinning and applying other forest management practices. This unit is poorly suited to homesite development. The main limitations are large stones and steep slopes. This map unit is capability subclass VIIe, nonirrigated. The Morval soil is in Deep Loam range site and the Tridell soil is in Pinyon—Juniper woodland site. 2,5"9 EDITLz 2.0LC1RALO STATE OFFICE ON JANUARY 4, 190'% SOIL. 3U1.JEY ASPEN -GYPSUM AREA, FARTS OF EAGLE, GARFIELD, AND PITT iN COUNTIES, COLORADO TABLE L. --SANITARY FAC:ILITIES--Continued S._ i I name and map symbol Septic tarn:: absorption fields Sewage lagoon areas 00 Moen 1 - N:.en Monad :4 Norval Norval Trench sanitary landfill AUGUST 1, 19::6 Area sanitary landfill Daily cover fc.r I andf i I I :Severe: Severe: :Severe: :Severe: :Poor: depth to rock:. depth tc. rock:, 1 depth t.: rock. depth to rock. . area reclaim. • . slope. :Sever -e: :Severe: :Severe: :Severe: :Poor: depth to rock, depth to rock, , depth to rock, depth to rock, area reclaim, slope. . slope. . slope. , slope. . slope. :Severe: :Severe: :Severe: :Severe: :Poor: perrs,slowly, : seepage, . slope. , seepage, __ slope. slope. slope • . slope. I. •e. :Moderate: :Moderate: :Moderate: :Slight perts slowly. seepage, . t.:o clayey. :Severe: slope. slope. :Severe: :Severe: slope. , slope. :Severe: slope. M.: rva I LI,:.yer s:1 I -.:.c1. outcrop. Mussel Mussel 1•iu t �.. c l :Severe: slope. :Severe: poor f i I ter, slope. , :Severe: depth to rock, slope. • • :Moderate: peres slowly. -:Moderate: Leri s slowly, :Severe: :Severe: Slope. slope. :Severe: :Severe: seepage, . slope, slope, large stones. :r a sto :Severe: depth to slope. :Moderate: seepage, _lope. :Severe: :Severe: slope. :Severe: slope. :Fair-: too clayey, small stories. :Poor: slr_.pe. :F'.::r: slope. :Poor: : slope. :Severe: rock:, , depth tc. rock, , depth to rock:, slope. , slope. • • :Slight-- - :Slight :Severe: :Moderate: :Moderate: slope. , ..,lope. , slope. :Severe: :Severe: :Severe: slope. , slope. , slope. I SeVel rr: :Severe: :Severe: ••cl e•I. , . Sei.•p",fie , f: • :Poor: area reclaim, hard to pack:, slope. :Gc.c.d. :Fair: slope. slope. :Poor: •i•1•510, fi o GxvNAr • • PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT F RE: Proof of legal and adequate source of domestic water, Method of Sewage Disposal, (reference letter to County) Letter of approval from fire district. WR.I.25:'+5 TYPE OR PRINT IN BLACK INK. COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. - • COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. Denver, Colorado 80203 STATE OF COLORADO COUNTY OF Garfield ‚55. STATEMENT OF BENEFICIAL USE OF GROUND WATER XX AMENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER 48977 RECEIVED re 2376 AFFIDAVIT WATER RESOURCES STAFC ENGINEER LOCATION OF WELL THE AFFIANT(S) gilli-a.m L. & Gertrude C. Bowen Caanly Garfield whose mailing address is Cry 602 Wagon Trail Dr. Grand. Junction, CO 81501 NW % of the ;NE V. Sect COLO. iti w 7 S 9. 87w 6t1, P, Rn IN ^.R S. IE 'lR WI being duly sworn upon oath, deposes and says that he (they) jd (are) the owner(s) of the well described hereon, the well is located as described above, at distances of feet from the section line and feet from the IRORTM OR SOJTw) section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the IE S• aR W(•r) day of , 19 ; the maximum sustained pumping rate of the well is gallons per minute, the pumping rate claimed hereby is 15 gallons per minute; the total depth of the well is 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 A part of Lot 14, Section 18, Township 7 South, Range 87 West of of which the 6th Principal Meridian, situnted in Garfield County, Colorado 0 acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) C. 6 (tVv—e � t > I n Signature(s) vl/J Subscribed and sworn to before me on this 21 day of April , 19 76 My Commission expires: February 3, 1979 RO rl)t1LIC ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: ACCEPTED FOR CHANGE OF OWNERSIIP AND WELL LOCATION INFORMATION ONLY. ,APR 2 6 1976 itati2 �; E DLi'tYSTA rE ENGINEER i Court Case No. FOR OFFICE USE ONLY Prior Mo. Doy Yr. Cty 023 Sec well Use / Dtst. Basin Man. D,s BY 17 IVF -lj- '( ?.t�� Ilount411 Drilling & Pump Co. RR 1, Box 30-P Well drilled by Carbondale, CO 81623 Lic. No. Permanent Pump installed by Lic. No. Meter Serial No. ❑ Flow Meter Date Installed Owner of land on which water is being used THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW. NORTH This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. l — { 1 - + 1 - -}- - I + 1 + I - + + - + - + - NORTH SECTION + LI�1E - + - + - + — WEST SECT • 1 t" + — ri + - - / f + - 1 ION LINE T y. EAST SECT + - + - — + 1 — + — SOUTH + SECTION — IS -- Mil LIFE + _ + — 1 TWO INCHES EXUALS ONE -MIL + — + — e + _ -I E + — THE — + -- SCALE OF THE + — -I DIAGRAM --F 1� 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). 1 acre-foot ... 43,560 cubic feet .. . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet: (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) .- 7 • SAMUELSON PUMP CO.• P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 August 22, 1989 Colo. Country Realty Box X Basalt, Co. 81621 Atten: David Tomasetti On August 18, 1989 a well test was conducted on a well on the Bowen property. The following information was obtained: Well depth 345'-0" Casing size 5"(steel) Standing water level 300'-0" Total test time 2 hrs. No drawdown was noted and this flow rate Production is greater than-- 12 gpm. This test was conducted with a 2 hp. 8P Sta-Rite test pump. The fact that we did not have any drawdown would indicate a total prodction much greater than 12 gpri. If you have any questions please call me Raun Samuelson at 945-6309. Sincer Y9 Raun .Samuelson • • CARBONDALE FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, Colorado 81623 (303) 963.2491 David Tomasetti P.O. Box 203 Basalt, Colorado 81621 December 4, 1989 Dear David. In regards the proposed subdivision exemption for your property at the intersection of County roads 100 & 103. I would offer the following comments. The property is within the boundaries of the Carbondale & Rural Fire Protection District. Response time from the Carbondale Fire Station would be 15 to 20 minutes on good roads. Water supply for fire protection to the subdivision would be provided with water carried on fire apparatus (approx.5.500 gallons). If you have any questions feel free to contact me at 963-2491. Bill Gavette Carbondale & Rural Fire Protection District Chief • • PETITION FOR EXEMPTION Tomasetti & Wilde, Petitioners SUBMITTAL REQUIREMENT I RE: Parcel as it existed prior to January 1, 1973, legal description appearing in County records. • Book 417 imarem as 215 ,,hisdasagy isaytaagy 22. 1971 Page 248 249Q41 Tao Dun, Kg& eigs ,12th brae February • It 71 , between DELMAR F. LAWREN(E,' of County of Clark, Stets of Nevada and EDITH W 8111111FAMN el Jim Omer Garadild sia• - eigraude, et b.Bret perk sad DELMAR F. LitWRENCE and ROBERTA A. LAWRENCE of as Omar ef Chia awl IMO . YealliNtet, el the sewed partt Nevada wrnamans, That the said part el the first perk far sal is eassidenties of the sus el ONE DOLLAR and other consideration DOLLARS to the sad pert tee the that peat is Mad paid by the mid ;artier of the seemed part, the rear* whereof is Welty seafessed and asitsewledgel, ha vs remind, released mid, essivegsd sad quit elebeed, and by for presents do ressiee, Meese, sell, money sad quit elaim into the seid parties el the .NIM pert, their hairs sad audges fermi; set he temeasy is mamma but la 'obit mammy, all the right, title, interest, elates sad dewed wideb the mid part leset the first pert ha Ire hi sod to she fellow* diserribed lot Mt pared el lead sigmas, lying sad big is the 091111t7 et Garfield end Bate elt Cielentila te wit* SUB MOINEMILffi FEB 2 19ii A tract of land described as follows: Beginning at a point on the North line of said Section 18 from whence the Northeast corner of said Section 18 bears N. 891'$536" E., 1343.13 feet: thence, 8., 1•08'$3" W., 490.99 fest; thence, 8., 89'40'28" W., 1166.15 feet to the easterly boundary of the County road; thence along the County road N. 248' W., 280.14 feet , N 43•55' E., 137.84 feet, and N. 2415' E., 128.47 feet; thence, N., 89°55'36 " E., 1041.31 feet to the point of be- ginning, being part of Lot 14, in Section 18, Twp 7 South, Range 87W..t of the 6th Principal Meridian and contidniag 12.94 sores. -- . atf , TO HAVE AND TO HOLD the neme, together with all sad siagsler the spplertgaseme sad yeivi. kg thermos beloaglag iria wain pareindo apertain*, sad the Mate, right, Me, isterest, sad dein wbatesever at the mid pert 'el the first part, either is law or equity, sato the said pard glibttecerraditgle,tiroird-rWairallinshairarletttire tirett/Wistoralin 11:111Vgatittrinht of • YAP, cirotiriV eaVenbeibtitil tia2,541argriltreTrENVEVnPyid &Ws. IN WITN1218 BU3Op ifs mid peri yes el the bad pert ha vo hawasiko6 baud 4: sad awls the dup sw8 yesitamt ahem whim .:* • "7-77 : "•:""•°" , . . STATE OF NEVADA ) COUNTY OF CLARK) . , . The foregoing.instrtunent was acknowledged bettiiii m this . , 71 / by DELMAR P. LAWRENCE 0 •. , • hdy commission expires: -js4 104, /17 lh" 11; ! • . ) , virrivEss ay band and efficiel )9,4 4, , 1.1.)°•iF 4 r". • • • •, • ••••••••••••1",. - AMA. &lid ilaulro•••••••••• irf s` •••••• • SO riails• grAini cor 00/42Ance. Omar al Garfield ?Ye hiragehig lisalsoesi saes aelissarlsiled Weis sea tlail 12th *wog ?abater/ 4 '• 39 71 obi, 1111121DIAS , '''' ,e, 's seaL ifa 1. • • ‘:)%2‘...?% 4-k art'S1 (.744-779 1,114 Oft OW SWIM 1118111114-61 SM. litmam...111•111•1114.1114.11*.100411114011101, art* flersobr-40411 't • - '1( : ,; • .• , . 1:1;775 R;.11.7 frir-`,7r/to •P; t,;.;7• 177!„ qk .1,14,11 1.16 rIL i; cur 447., T.J` • ' r.7, aft r.,707!. 7 et (4 711. r...49 •er 4,, -qr.! 4:.• .144 1.7 u.•1 g rti, • •'.4s. 1):1 r t.' • •4 tr. . 0W,, r; • "., r • . 14 , • .1;,• 7 7... :770; iti t”. kl.:77 ;77: ••• C), *•*1'• ' • 1,, ;• • i• t • la,. • 11,4 . . • . ••• • f . t • 2:1111 4'.11 • 1 711.; • J • • • v I • • • , • • 41 :ii.• 14. • !..ft. • ,• „ • `" 7401101/11..1 •• 7f.e1, • • Reexded .1 . .�. eelerk Pr Y., ftec.pwea No. .272081 :Ivk 9 1971 484, 4 32 THt Dun, ado Or 5th dap tt April 1.76 , borrow DELMAR F. LAWRENCE, husband and ROBERTA A. LAWRENCE, wife •f the Oeer4 at Ness Oetaade, of the first part sold WILLIAM L. B WEN and GERTRUDE C. BWEN ape Sat. of 5ROORDIIR7 RAMI APR 9 3976 ow mu. .:T lL "/j .S1 • 6Q2 Wagon Trail Drive Grand Junction Cssab.t M • s a mi Stas. ofColoreds, ofMosootalpart: • Sot the sold port les of Ur ftret part for art 10 aea.1de saes of the soon of Twenty Seven Thousand Five Hundred DOLLARS, to As sale pori lea of the first part la hand paid by the said parties of the second part, the receipt whereof le barely owfaro1 sae .ehoewledgtd, he v e granted, bargained, sold sad conveyed, and by these Immerse do e s g roat brgale, salt arm and twrflrm unto the said pastiea of the mond part their heir. and amigo. t ,ever, not 10 1•erp 1• mare* bat 1a ielat Many, all the following dssertbed rt s or parcel a of land, situate, lying and beteg lo tAe Coasty et Garfield sad Star of Colorado, to wit. A part of Lot lh, Section 1R, Township 7 South, Range 87 West of the 6th Principal Meridian, situated in Garfield County, Colorado, more Particularly descrilped as follows: Beginning at a point on the North line of said Section 18 from whence the Northeast corner (IL said Section 18 bears North 89°55'36" East 13h3.13 feet; thence South 1°08'53" West 490.99 feet; thence South 89°40'28" West 1166.15 feet to the Easterly boundary of the Count road; thence along the County road North 2°48' West 280.1h feet; North 43 55' East 137.84 feet; and North 24°15' East 128.47 feet; thence North 89°55'36" East 1041.31 feet to the point of beginning. COUNTY OF GARFIELD, STATE OF COLORADO TOOETKER with •A .ad singular the hredltareals and app.Asanees Umtata b Wens. or in .seem apprtaialaa, . reversion sad ra.oreter, r.ssaMdsr aid rosated.rs, reefs. User sad Inagua thereof; sad as the =So* right WO.. fatortot data pal deaaad whensoever of the self parties of the NM part either 10 kw or epty, at. Is sada the .bore bsrssasd promises, IIN tle huodfaa+aa and oppirieurer. TO HAVE AND TO HOLD the told preadult abort bargained and described, with the appurtenances, unto the said Parties of the second part their Min and assigns forever. And the said part les of the first part, for them i1 vee • their helm, executors, and edministrators de ea covenant, grant. bargain and agree to and with the said pastlen of the second pert, their Min and assigns, that at the time of the eaaealing and delivery of those pres- ents they are well seised of the premlees above conveyed, as of good. sun, perfect absolute and Indefeasible estate of Inheritance, In law, In fee .hn k, and have good right, full power and lawful authority to 'rent, bar- gain. ell and convey the tome In m and form aforesaid. and that the satos are five and clear from all forgoer *114 ••tb.r grants. bargain., sale., Ilene, taxes, assessment sod eneaabna.w of whatever kind or nature raver. 'Except taxes for 1976 and all subsequent taxes and assessments, also subject to easements and rights -of -ways of record. and the dose b•rssred promrr a the pat art poscesLL. leges Bele• et the meld parks of the ssssad part their hers sal amps, sgalsal aD vie *very porton r pensee liineaa/.1.4,1105 or Is utast the ahsr •e asy MK Droste, Or said part ie a of the first part Amin sal w01 WARRANT AND FOREVER Di/END. pf WITNElts WEEREO/ the told part Sea sf the Most port V ve bower srtheirhart a sad art a the dal sed Aar test .beau written. o oN!r'rLS7'Ah'.COLORADo. ri Ire . Qeriyyef Nees r . . t.eegerlg t 1107 ;rye red OTiri: iiri•alfe, oASilid'—J1151A14 144 e,w awrence, w • wee ..l a.wl•de d were goo Me 5th ley et April Lawrence and Roberta A. Lawrence, husband and wife beptember 10 , le 76. Mumma ay heal art'Metal sat tc (SEAL] wort, rya. Y.. III. a pace -t• re . t..w. 0..4f..,e n,urU,.r r.. 1111 a •1..., r ...1 M+,., 1 . � •,.a , ....,QUI +• •1. 1.y *sterni n' ... r Innwee 1.M. M.,,. 4*m. see ,u,•.... If I., War' ,Int 4 nyyreeenlatI.. . 111 *.l i p.ItY' er• 'ee neer.., , IceI n n•m. of ...,.,•• •••...1,, len., In I,. ., olhn seedy bf M. r4.11,w ❑ I. '.111.•t • • Mr4M Nn ffWre •. IM petal ,1•1,1 %IA., .•f(✓.,. „f .w. roe" r Inrs4n 5.•l..4 *1414104 1.11 s w • December 7, 1989 Board of County Commissioners Garfield County 109 8th Street Glenwood Springs, CO. 81601 RE: PETITION FOR EXEMPTION/ David Tomasetti and Roger Wilde, Applicant. Dear Board of County Commissioners: The petitioners herein submit that the subject property satis- fies the submittal requirements set forth by Garfield County for an exemption from the definition of Subdivision under C.R.S. (1973), Section 30-28-101, (10), (c) -(d). The petitioners propose to create 3 lots from a rectangular, 13 acre parcel of vacant land located south of County Road 170, (Panorama Road) at the intersection of County Road 100, (Catherine Road). Each lot would be approximately 4 1/3 acres. The subject property is not part of a recorded subdivision and has existed in its current described fomiin the County records dating back at least to February, 1971, (See accom- panying title documents). Application is for single-family homesites to be approved in accord with Garfield County Zoning requirements. There exists direct access to the property from County Road 100, which is the easterly boundary. Additional access has been applied for from the Bureau of Land Management which owns a narrow strip of land between County Road 170 and the subject property thereby providing more economical access to the back 2 lots, (Lots A & B). Construction of this access would be in conformance with County oad and grade specifications at its intersection with the County road. There exists a domestic well located on the property, (See Plat and accompanying well documentation and test report), which, according to Samuelson Pump CO., has sufficient production for 3 or more single family dwellings. Lot B would be subject to a water line easement, as shown on the plat, for service to • • Board of County Commissioners Page 2 adjoining Lots A and C. The sharing of the well would be provided by a recorded well agreement. It is proposed that individual septic systems serve each lot for sewage disposal. Fire protection would be provided by the Carbondale Fire Protection District and, according to William Gavette, Chief, the subject property is within the boundaries of the District, (see accompanying letter). The petitioners submit that approval of the proposed exem- ption would not be detrimental in any way to the general public welfare, is compatable with the use of neighboring properties and, to the best of the petitioners' knowledge, complies with all County requirements for approval under which the property is subject. Respectfully submitted, omasettf `I , Petitioner Roger Wilde, Petitioner