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HomeMy WebLinkAbout1.0 Applicationt • BEFORE THE BOARD OF COUNTY COMMISSIONERS 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 January 2, 1979, the undersigned attorney, for the owner of the land affected, respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a tract containing approximately 51.67 acres into two (2) tracts - one containing 31.67 acres and one containing 20 acres from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a -d) in the Garfield County Sivdivision Regulations for the reasons stated below: The property being subdivided has been under the same ownership for at least seven (7) years, and the division, together with any earlier permitted under circumstances not defined above, will create no more than three (3) new tracts under 35.0 acres in size. In support of this petition, the Petitioner also submits the following: Map drawn to scale showing proposed lot subdivision and access; rf Copy of deed recorded January 3, 1956 in Book 290 at Page 465, as Reception No. 192730; )j Vicinity map; Source of domestic water existing wells (copies of permits attached); /01 Method of sewage disposal will be unit systems complying with State and local standards; No live stream crosses or adjoins tracts; .,' Fee in the amount of $50.00 is submitted herewith; ,,,„4 Evidence of soil types is attached hereto. SAr9Ltted at Glenwood Springs, Colorado, this C� day of �'=3 , 1981. Thbi as / S turver Attorney for Petitioners, Alex C. Urquhart and Velma A. Urquhart if STATE OF COLORADO DIVISION OF W%TER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION :CO AND MtSTORT OF Writ Y PERMIT %(�t'1 4ril1NC Lac No ck,-qcrj A- Strew c. l],se cf Wa•e-r �1 x'71'.4 -1s--• )/ On G: 3y4.../r 4 I - e- /1.---/. id.,..."....... titer r No4 Dae>ks Sta rted_al e=yd # 7 , 194865 Doe Compier r + , 19,:it 9 4 Acres__ Eta; turfy APR30i9;4 wean *YE SiCT. CGj F2' E • WK4M LOCATION i -i _�►' C Ya of "VI w of Sacs Twp L. R9. ? W • J7 , _PM C>>M or— -- dill Dc'SCRirflON: tepth to Water—Li Total Dept* .►- Pk-le nete _CFS — —.l _ft. f, h _. to,.i k: -h . _. in front _-._h. to___1_ �l -it • - -n from_ it to---_-_ __h., - -_-------in. TEST DATA: Now Tested Pump or4Ba+'ed Dee Tested )rl flea -4_, 191132. .. Length ) hrs Rate t (1 _GPM Drawn Down_2r. 1.ft f-Igktio DATA: Pun.p Type_ & Outiert Sze -- �n Driven by 1/ �-11�.[ 77 CASINO RECORD: j (+Plain Casing Sas ! • KindIstab-front—C- • Knd AD from �f Sze Kind _horn Perforated Casing hft. ft to --_ft. _h. to Size , Kind.___ horn_ __ ____.h. to _. __ft. S:e --_, K,nd___ _ __ _horn ----•h North Low ABOVE DIAGRAM Rf_PRESZVTS ONE h};L SEC- TiCN. LOCATE WELL ACCURATELY IN 5M.A.L QUARE REPRESENTING 40 ACStfS- tf the abc7n is nct aorry _able fill in - No. knot Lot • block Su+.kd+. 1 s Nor': GxC.do f.Lng r tw"A"'1 ITO RI MADE CUT D4 QUAD3'JPUCATE Oru3,nal !Au* and Duplicate Green CW', must be filet! with the State Engineer w thNn 30 (Jays after well is convietsd Who. copy is for the Ownee and Yelhw copy for the CrNfeY. FLS tint LOO USE t1;41 S Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 E PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER • (>4A PERMIT TO CONSTRUCT A WELL FOR: NA PERMIT TO INSTALL A PUMP E►;X972 WWTF4 RESOD'rS siwia COLO. ( ) REPLACEMENT FOR NO ( ► OTHER (1) APPLICANT - mailing address NAME 4/e x G. v Y STREET /7 / /ye x par (State) (Zip) CITY TELEPHONE NO a6'"- 42 V99 (2) LOCATION OF PROPOSED WELL County C /, G a -,r -t /e /a/ /Vu� // '/ of the Section Twp. 6 5 , R ng. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground v ater ,to be appropriated (acre-feet): Number of 'acres to be irrigated: //a A/ - Proposed total depth (feet) : Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - ( ) DOMESTIC (1) �) LIVESTOCK (2) ( ) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name 417, Street Telep,• • 71" 71 J,: i (hip) NOV 22'72 rss 'ot.o. '73 FOR OFFICE USE ONLY: DO NOT WRITE IN Ti-iiSSOt:UMN Receipt No fo 3ore" / 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. Return flow from the use of this well must be re- turned to the same stream system in which the Well is located. Ye D VA.6 173 APPLICATION APPROVED 67270 PERMIT NUMBER FFR 1 1'73 DATE FEB 1 1975 DATE ISSUED EXPIRATION ' C ) % (' TARE EN' 'EER) COUNTY NI4 11 -Pr .PE OR PRINT IN BLACK INK r'OPY OF ACCEPTED STATEMENT MAILED ON RI OUEST. STA C COLOf,O DIVISION OF WATER R•URCES 818 Centennial Bldg., 1313 Sherman St. Denver, Colorado 80203 kASEIL0RADO OF ___Garfield fHE AFFIANT(S) whose mailing address is City A. SS ECEIVLD MAY - 6 1980 vi t115 +ot?TE EkGhiEtt$ STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD X LATE REGISTRATION PERMIT NUMBER 1-14207 COLO, LOCATION OF WELL C. Urquhartand \!elma Urquhart �.a,,ty _Garfield QS_ 6 County Road210-,_Rt. 1____ Rifle, Colorado 81650 I s•, r r 1 ' 4/110 . SE/. of the NW'/. Scc l.on 11 Twp. 6 S. . Rng. _ 93 W 6th •fJ u.. SI IF Y.I P M being 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 1,990 ____ feet from thenorth section line and 1450 Ivor. �.• u.• solo./ feet from the west section line; water from this well was first applied to o beneficial use for the purpose(s) de§cribed herein -on the/5/1 day of en_a _k_ , 1949 , the maximum sustained pumping rate of the well is 10 gallons per minute, the pumping rote claimed hereby Is 10 gallons per minute; the total depth of the well is 110 feet; the average annual amount a of water to be diverted is acre-feet; for which claim is hereby mode for Domestic purpose(s); the legal description of the land on which the water from this well is used is the SE3 Section 11, Township 6 S.. Range 93 West of the 6th P.M., Garfield County (well not used for irrigation purposes) of which /s acrefaue irrigated and which is illustrated on the map on the reverse side of this form; that this well wa,s 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 sjatements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. ?;/2 .„( i te•l' ' OMPLETE REVERSE SIDE OF THIS FORM) Signature(s) r -,._4,6.4_ ..•L --..Llai:; Subscribed andws orn to before me on this a cloy ._{•p0_� ly My Commission expires: III Z 9/a - 6-1) _u,e t,Et ,� eu� ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: AY i21.1980 r V Z44 C. F"';INt FR Court Case No.. -3c97 FOR OFFICE USE ONLY Prior. Mo. Day M, C t y . Yr Sec. It '/.. A. nen Use Dist. Basin Mon. Drs _ f+ Y 'Recorded arrantu teed No . 57 • . Jan . 3,1956 a�.:�'�'1)• in Book 290 Page 465 KNOW A LI, MEN BY • HESE PRESENTS: 3Ariti( E. JO!LS and MA.MI.E C . JONES , his rrtfe, HAYDEN of the Coo of d,;rfieldand State of Colorado ,Grantor(s), That (We), ( 'or the consideration of Teen Thousand and Fi limdred and No/lOOths Dollars ($ 1G,500•0C ), in hand paid, hereby SELL and CONVEY to and PELMA A his wife, ALEX C . 1)R4.,: Rt :i.• county of Garfield and State of Colorado, Grantee(s), not in • '. icy in common but in joint tenancy, the survivor of them, their assigns, and the heirs and assigns of • r survivor forever, the following real property situate in the County of Garfield • 1 state of Colorado, to wit: The North half of the Southeast quarter of the Nortnwest quarter (N'SEO and the Southwest quarter of the Northeast quarter (S tNE%); all in Section Eleven (11), Township Six (6) South, Renge Ninety-three (93) gest of the Sixth Principal Meridian, except parcel described as oegirning at the North— east corner of the Southwest ;carter of the Northeast quarter (SW,1114) of S.aetion Eleven (11); thence South aloe the quarter Eectioe line 132C feet; ince Wast 270 feet; thence North 13'e`0 feet to tbs North lima of the Southwest quarter of the Northeast quer"far (SW NE4) of said Section Eleven (1.1); 1b, ,eeacee st 727O.tfee_t :. o rthetp.Alftg Of :bgginning. Toeet ,er with all wate:ririd water rights, ditches and ditch rights used thee:eon or a urter.ar.t thereto, including, but not. lirni*d to, 5 shares of th ctFital etok of the brand River Ditch Company. Subject to exceptions and reservations contained in pateets from the United States. subject to- existing eaear:ents for roads, highways, ditches, canals, laterals, railroads and water and pipe lines, and power and trap ai.ssion linos, if any. • • 1. Book 290 Page 466 with all its appurteaancc.$ and \1 n::RANT the tithe tr, the same. Signed and delivered this '3.r . STATE OF COI;uF,AIO COUNTY OF GAR? :LLD The forct,o:o,: itlstrUI,. '. a. January and 4 .YLt i-.' "4►. �,.3sr.::.. •s..,:l a�},:ra May 17, 1959 HAYI,Eki E. JONES • MAll.E C. JONES At, EMUS l.El)GMENT 1955 (•l ')'-: dg;:,! t . c mF th s 19 , by Hayden E. Jones € nie C. Jon ..e, his wife. h nd gad official seal. Carleton L. Hui bard, Jr Filed for record January 3, 1956 at 3:53 o'clock P.M., and recorded in bobk 290 at page 465 thereof. t `` = 400 • . r ti , rte c t ' - -- U V N t7 z t( - — �.r1 _� E 4" -T".;- •1 ' r-"1 I." It;f,"f`_ :.> 3. A,z¢ .j.riGI4 V► TCN EASEMENTS \ti -?L', F ZEGJG►f-+,ZFr. IND 1.44t1474.11,..1Et 4„S E►.i 'LAGS, %z-4`r11/440t 5635 Gs ce1-118' L 2c, r_.c. 19-‘%s."t. )(1' 2.4," LO, 'o, V E'4 4w r4. k Nr/ NG 31.to1 'StV j`4 N e '+4 ►rte A /40 5/3 5 tl - .. h A Spi.f ,1 12- 3 z3 p:44.. c l A-% r , = 4 00 • G. r=N►vul.NvA.-1-IC) ' ;7' c-= •"<" 1--01 by u 3. ALL 12RIGb.T IGN C>1TC 4 Fh.SEM Et.�TS 2GC04.1,02. : ANC, M.4\t,4T.4..111e,_ d`a PLACE, ?\1W`igSW/4 4 -SSV 14_ KI 4 Ayr rsei N SI WJ> rC ila, r ,N 1141s 57 `t wt iN Si - • 400' LC.„) 1.--4 ) 4-- -. <'<-Tt- • E_ 3. ALL ztz 6.-r tO p-) i7CrC. tEE ET5. E2. t -AL.; set4k t-4 N \k; 4 --±vi 1/4 001 4- / Ale//d-12h,ektr," 1 44-0 0 i• i o� e ..tea '•4. s f' �. ti• s„- 5 V t « •g to- RTS C -PG - "R. , T. r A USDA - SCS r 3 ADVANCE COPY - SUBJECT TO CHANGE n n. r t: i •.Ns! t= I c= 1, ('('s , COIR L. ••i (.c rR o 4 Q r t Ua SDHs 33D --(w€sr Srro;c) 50 C-- (REvlAINDER) tat. rt,tt • A.i; •_CD DATE COPIED JAN THOMAS W. STUVER RUSSELL GEORGE • f STUVER & GEORGE ATTORNEYS AT LAW 120 WEST THIRD STREET RIFLE. COLORADO 81650 June 23, 1981 Terry L. Bowman Assistant Planner Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Urquhart Exemption Dear Terry: TELEPHONE 303 - 625-1887 In response to your letter of May 5, 1981, enclosed please find: copy of a deed dated June 10, 1981 from Urquhart to Bynildson and K & K Development Company conveying the exempted parcel of approximately 31 acres together with well registered under permit no. 17964 and an easement for the maintenance conveyance of water from the same across the adjacent properties of the Urquhart . The remaining acreage still in Urquh is record owners3 would be: the north half of the SW4 4, the south hal of the SE 4NW 4 and— t north half of the NE 4SW 4, Section 11, Township 6 South, Range 93 West of the 6th P.M. Please advise if there is any additional information which you require. Also, would you please send me a copy of the exemption resolution as granted so that I may have the same certified and recorded. Very truly yours, STUVER &.GEOR Toma � uver TWS:bll Enclosure grwWJUN2 51981 ��, Recorded at o'cock. M., • Recorder. Reception No • THIS DEED. P.lade this 10th day of June ,19 81 , between ALEX C. UROUHART a/k/a A. C. UR1UFTAPT and VEIMA A. URQUHART a/k/a VELMA URQUHIART of the County of Mesa and State of Colorado, of the first part, and SCOTT BRYNILDSON as to an undivided one-third interest and K 6: K DM/FLOPI'ThT CC PArTY as to an undivided two-thirds interest of 1831 Railroad, Rifle, of the County of Garfield and State of Colorado, of the second part: WITNESSETII, That the said part les of the first part, for and in consideration of the sum of TEN and other good and valuable consideration DOLLARS, to the said part 1es of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, haVe granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said partieS of the second part, heirs and assigns 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: A parcel of land situated in the Southwest One -Quarter of the Northeast One -Quarter (SW NE4) of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sand- stone found in place; thence North 89043'19 West 2635.27 feet along the southerly line of the Northeast One -Quarter of Section 11 to the True Point of Beginning; thence North 00°27'51" East 1317.81 feet along the westerly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11; thence South 89° 47'15" East 1045.29 feet along the northerly line of the South- west One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11; thence South 00°21'43" West 1319.00 feet and parallel to the easterly line of the Southwest One -Quarter of the Northeast One - Quarter (SW4NE4) of Section 11; thence North 89°43'19" West 1047.64 feet along the southerly line of the Southwest One -Quarter of the Northeast One -Quarter (SW4NE4) of Section 11 to the True Point of Beginning. Together with four shares of the Grand River Ditch and well registered with the State Division of Water Resources under permit 179E4 as the sdwe is in place and in use together with an easement for maintenance and conveyance of water from the sdwe over and across adjacent properties of the first parties. elsal owo-a•s-street,-ateumbar 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 said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED—For Photographic Record.—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado --6-77 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part ies of the second part, the/Theirs and assigns forever. And the said part ies of the first part, for them sel VeS &heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second parttheir heirs and assigns, 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 have 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, assessments and encumbrances of whatever kind or nature soever. Subject to the 1981 general property taxes, patent reservations of.record, easements for ditches and utilities of record or in place and in use and mineral lenses of record and easement and right-of-way for County Road 221 in so far as the same tray affect the subject property, and existing monthly robile hoffe tenancy, and the above bargained premises in the quiet and peaceable possession of the said partieS of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part 1P3 of the first part have and sealS the day and year first above written. Signed, sealed and Delivered in the Presence of hereunto set theirhands 0 z r STATE OF COLORADO, /.1 County of ar , Cl The foregoing instrument was acknowledged before me this / 6711 l<< `— jSEAL] ala A. C. 1rrcnl art [SEAL] Velma A. Urcnahart, aka Velma Urquhart f 'SEAL] }ss. day of (it V1-2- 19 9/ .by Alex C. Urquhart, aka A. C, Urquhart and Velr>a A Ur chert, aka Velr'a Urc'uhart My commiasion expires '9— /3 ,1995 . Witness my hand and official seal. W 0 WARRANTY H oi m STATE OF COLORADO, 0 0 U I hereby certify that this instrument was filed for record in my office this M., and duly recorded z i a 8 ad 0 0 Ao Z CO a 1 4 w 7 m w 60 E sd 03 LI Notary Public. BRADFORD PUBLISHING CO., DENVER • EXEMPTION NAME: '„(:-(1& :1 & PURPOSE OF EXEMPTION: Q ,5"-A C:. 75_ez. z' C36 9 G -e_,A ZONING: /9/r Ci +o- QUALIFICATION FOR S.B. 35 LOCATION OF SITE: 5.(y7, ey/ .1C4--/—Ze WATER: (-eL/ _,9) DIV. OF WATER RESOURCES RESPONSE: /7,/a SEWERe� CHECK LIST: X FEE PAID ($50 +1.00/acre for each parcel created under 35 acres) X MAP showing proposed lots and access i� DEED X VICINITY MAP 100 yr floodplain info. / SOIL MAP ie,742 IF community water, letter of approval from governing body COMMENTS: ( /, _.f._� . %4._.i... 1".. �7"" •(.._ (- ,... �.- (.„./+/ 170/,4/ /pm (4 -DLI-cAparZ 9 -Ch//--; // I b Z 2 ) -rfA \i‘ 'PJ ) • • ; ' 7 • / .....„.....1„.4 ../...;\ i ) ,......, :.. ".' --.....- . . .. ;,' ,..'"-•-•--'--•'-----------;.----:--5-:-7r-:1-1Y-/-, !..-j-. -,i1 c• - /.•/ •, -1--.."...... ...„. -O--_a_- Va° 1•-... :0, .." -•- ':'" •- ...,9: 1 • --:1 .... ' ) / ,n1u r i ._', • ----N ... .... ' i --_,- • 8 1.--...„..„ j.------____.-. Nv• — n ,--- -- :1 n.-- -... i. ' ...n . a. . ," t, \ _- '------ 7 — i•-• :. ,...-41.. -._._ ,,,--.- ----FAL" -) - --, ' -, ----- .----'. • - - .. A-- , IY ) / ( , \ 1 --.--- J . = ....--.1:::„.7.-z-:. c.2.......:::: K7.-= --.:- • _„....../' -•..." '/ i''' '• '' . ' 7 - , . . _ _ _ ,_, _.....,<-----.. .-L--;•.----..<-----; : ..• \ \ Th • r" , -1, 7 V ._--------.--11 Iv r/ • 7): . 1-::..........,. c,s ...„—...._, ... r _ , e 4._.• , Hoz f - 'Dec 7 oo" a' JEW ( •F A! II - • A 3 3:7Eol- ' "\--1 $111°49. IN1 It t , Vir\--9j-• s n • °cr.' 3(3.; I - r- • 22.,t-s's ffi 1 0 ZSD 1. 53 S 9 L. S L