HomeMy WebLinkAbout1.0 ApplicationEXEMPT I ON
NAME:
PURPOSE EXEMPTI ON:
zor'ur're , 0/[]Es
QUALIFICATI0N FoR S.B. 35
LOCATION OF SITE:
AAI
WATER:
DIv. 0F WArER RES0URCES RESP0NSE ,?e4: 6-k
SEWER:
CHECK LIST:5{aJ bU an-4- />7bs @3a:
Y rEE PAID ($50 +.|.0o/acre for each parcel created under 35 acres)
__X_NAP showing proposed 'lots and access
X orro
X VICINITY I,IAP
a//A 1oo Yr floodPlain info.
X soIL MP
n/a IF community water, Ietter of approval from governing body
COMMENTS:/.&tru 'O:" /6C
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PARCEL I'A'':
A parcel of land situated in the SWtSWt of Section 1, and the NwlNWt of Section
12, all in Township 6 South, Range 93 West of the Sixth Principal Meridian,
Garfield County, Colorado, said parcel of land is more fully described as follows:
Beginning at the Southwest Corner of said Section L; thence N.OO'24r15"W.
along the l^Iest l-ine of said Section 1, 1311.85 feet to a point on the Southerly
right-of-way line of County Road No. 2L0; thence N.89'47'2L"8. along said
Southerly right-of-way 1ine, 1305.04 feet to a point on the Westerly right-
of-way line of County Road No. 223; thence S.00'22135"8. along said Wester-
Iy right-of-way linl, 1309.10 feet to a point on the South line of said SWtS$It;
thence S.0O'19'38"E. along said Westerly right-of-way line 1288.10 feet to
a point on the Northerly right-of-way line of County Road No. 22L; thence
S.89'33'OO"W. along said Northerly right-of-way line, l-304.54 feet to a point
on the l^Iest line of said Section 12; thence N.00'19r01"W. along the West
line of said Section 12; 1290.80 feet to the Northwest Corner of said Section
L2, the point of beginning, containing 77.88 acres' more or less.
SUBJECT to an irrigation pipeline easement situated in said SlItSWt.
The bearing source for the above described parcel of land was established by
solar observation. Use N.00'19tOL"I^I. between the West Quarter and Northwest
Corner of said Section L2.
Revised
June 18, 1981
Job No. 481061
Solar Gount(y
P.o. B"' ro3 l3OgetO?[2Z
730 $rain sitl. coto.8t652
PARCEL ',B'':
A parcel of land situated in the SWtWt of Section L2, Township 6 South, Range
93 West of the Sixth Principal Meridian, Garfield County, Colorado, lying
Northerly of the Northerly right-of-way line of U.S. Highway 6 & 24, said parcel
of Land is more fully described as folLows:
Beginning at a point on said Highway right-of-way line; whence the West QuarterCorner of said Section 1.2 . bears : S. 33" 26t 26ttw . 855. 16 feet ; thence N.00" 29 '00"E.along a line described by Document No. 172258 as filed in the GarfieLd County,
Colorado recordsr 572.70 feet to a point on the Southerly right-of-way line of
County Road No. 22L; thence N.89"33r00rrE. along said Southerly right-of-wayline, 810.97 feet to a point on the l.Iesterly right-of-way line of CounEy Road
No. 223:' thence S.00"11r17r'E. along said I^Iesterly right-of-way line, 359.72
feet to a point in said Highway right-of-way line; thence, along said Highway
right-of-way line, S.76" 37 r00"W. 413.33 feet; thence 433.11 feet along the
arc of a curve to the 1eft, having a radius of 3860.00 feet, the chord of whichbears: S.73'24r08rrI^I. 432.89 feet to the point of beginning, containing 8.55
acres, more or less.
TOGETHER with an irrigation piprJ.ine located in and aLong the I.Iesterly right-
of-way of said County Road No . 223.
The bearing source for the above described parcel of land was established by
solar observation. Use N.00"19r0lttw. between the West Quarter and Northwest
Corner of said Section 12.
Revised
June 18, 1981
Job No. 481061
cSotrar Countfy
P.O. Box 163 l3OSlWOXm
730 Moin Silt, Colo.81652
IRRIGATION PIPELINE LOCATION NO. 1:
An irrigation pipeline situated in the SI^IISI4II of Section 1, Township 6 South,
Range 93 I,Iest of the Sixth Principal Meridian, Garfield County, Colorado,
being more fulLy described by the following centerl-ine:
Baginning at a point, whence the Southwest Corner of said Section 1 bears:
S.36'10r44"W. L62L.5 feet; thence along said centerline, S.01'54r34"I^I.
536.9 feet; thence S.66'01r42"w. 34.4 feet; thence S.41'36r46"1^I. 53.2
feet; thence S.17'58I19"I,tr. 630.0 feet to the end of said pipelineI whence
the Southwest Corner, of said Section l bears: S.80'01t26"W. 688.6 feet.
IRRIGATION PIPELINE LOCATION NO. 2:
An irrigation pipeline situated in the wZswt of Section 1 and the WINI^II of
Section 12, aLL in Township 6 South, Range 93 West of the Sixth Principal.
Meridian, Garfield County, Colorado, being mostLy Located within County Road
No. 223 right-of-way approximatel,y 5 to L0 feet Easterly of the Westerly right-
of-way line, said pipeline being more fully described by the folLowing center-
I ine:
Beginning at a point, whence the Southwest Corner of said Section 1 bears:
5.26"31r31r'W. 2843.1 feet; thence EAST 37.0 feet to a point in said right-
of-way; thence Southerly along said right-of-way line to a point whence the
Northwest Corner of said Section 12 bears: N.41'58'40"W. L966.0 feet; thence
S.45'00r00"W. to a point on said right-of-way line.
RICHARD D. LAMM
Governor
J. A. DANIELSON
State Engineer
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Ad m in istration (303) 866-3581
Ground Water (303) 866-3587
June 22, 1981
Ms. Terry L. Bowman
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, C0 81601
Re: Tufly Exemption
Dear Ms. Bowman:
We have reviewed the above referenced exemption. This proposal.-' .
would divide an existing 86.43 acre tract into two tracts. ttre S.SS
acre tract to be created has an existing dwelling and a well with
pennit no. 9867. This well has been adjudicated in Water Court Case
No. 80CW52. The other parcel would consist of 77.88 acres which is
separated from a smaller parcel by a road.
While the applicants state that they intend to sell the larger
parcel to an adjacent property owner, it should be noted that a domestic
well permit would be available on this parcel if it were necessary sinceit is larger than 35 acres. 0n this basis, we may reconmend approval.
Very truly yours t t&,--/%-s/L&
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/KCK:mvf
cc: Lee Enewold, Div. Eng.
Land Use Commission
Ralph Stallman
Rich Bel1
l--1 ,-r---"l r')i
JUN24 ;PU
GA,?FIILD CO.pi.r,ii; , -r(
xhibit B to Petition for . mpEion
Book \4?
PaSe 2)6
Recorded at....,.8 :.05.,........,....o'clock.....A.r.II.,
Reception xo...259197...
.ruly ]8.. .]97L-,-..
El 1 a...5-l e p hen.o......----,.--...Rccorder.
sltlt 00[[rt[IIRY IIt
39; 1 I 1973
trSO</1-=-
No. 7-S
Doc.#259197
ED, IU3de this 9 th day of July , 19
betrveen
ROBERT CLil{N A}IDERSON and ROSE C. ANDERSON
of the
'County of Garfleld snd State of Colorrdo, of the first part, and
---- HOLLIS F. TUFLY and JEAN C. TUFLY
of the County ot Garfi.eld and State of
Colorado, of the second part:
- IYITNESSETII, That the said par! iesof the fint part, for and in considemtion of the sum of
-.-- IEI DOLI,ARS AND OTHER GOOD AND VALUABLE CONSIDERATION .----------- DOLLANS
to the said part i es of the fimt part in hrnd paid by said part i es of the second plrt, the receipt rrheref is
hereby confessed and acknorsledged, hayg grantcd, bargeined, sold and conveycd, and by thesc presents do
grant, bargein, sell, convey and con-fim, unto the said part ies of the second part, theihsin and assigns for-
ever, all the follorving described lot or parcel of land, situate, lying and being in the
countv of Garfierd and State of colomdo, towit: All that part of Ehe strlMrt of sec.12, Tp.6 S., R. 93 1,., 6rh P.l"I. lying Norrherly of U.S. Highway 6 and 24,
D(CEPTING, however, 7.38 acres heretofore conveyed out to Fred Lind and Donald
Monson by deed recorded as Document. No- 17225E of the records in.the offlce ofthe Clerk and Recorder of Garfield Counry, i,(ior"ao.
The Swtsut of Sec, 1 and Ehe NIiiMJt of Sec. 12, a1l in Tp. 6 S., R. 93 W., 6th
P.M. containing.94.6 acres more or less.
fogether wich a1l ditches and ditch rights, vaEer and water righE.s used upon orin connecEion lliEh the above described reai property and more parEicularly, butwithout liEl.iEaEion, 12.99 shares of the stcck of The Grand River Ditch Company.
TOGETEER with all and singular the hereditaments and appurtenances thereto belonging, or ia anywise
appertaining, and the reversion and rcvemions, remainder and remeinders, rents, issues and prcfits themf, uil all
the estate, right, title, interest, claim and demsnd rshats@ver of the said part !95 of the firet part, either in law
or equity, of, in and to the above bargained premises, sith the hereditaments and appurtmances.
TO H.IVE AND TO IIOLD the said premises above barp3.ined and described with the appurtenances, unto the
sid part igs of the.second part, ghsirhein and assigns folever. And tbe said part ies of the fict part,
for them selves, th$,l,{=, e"\ecuton, and administratore, do covenant, grmt, bargain, and agree to ud
siththe said partig5 ofthe second part, theileirs and assigns, that at the time of the ensea)ing and delivery
of these presents, they are rvell seized of the premises above convel'ed, as of good, sure, perfet, absolute and
intiefeasible estate oi jnheritance, in la*', in fee simple, and ha vg good right, full porver and laryful authority
to grant, bargain, sell and convey the same in manner and fom as aforesaid, 3nd that the same are free and clear
from all former and other gunts, bargains, sales, liens, taxes, assessments and encurnbruces of n-hatever kind or
nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part,
theif heirs and assi6,ns against all and every penon or penons lardglly claiming or to claim the shole
or 3ny Dart thereof, the said parties of the fiEt put shall and rvill \Y-\RP,ANT AND FORITVER DEFEND.
IliMTNESSWIIEREOF,thesaidpert ies of thefiEtprrthr ve hereuntoset thelrhand s
and seals the dey and year firet above rrritten./4,
GIenn'Anderr
19 73 ,by J(obqrt. Gle::n Anderson and Rose C. Anderson.
,/4 *rr, !r?
STATE OF COLORADO, 1".
.........Couly.of Garf ieId. J
The foregoing'.iniSinrcr: rr'tr. acknos lc<lgcd beforc me this
Ily comai il-igir r';rlr.1 r -) . l,'1 (onmi:rirn i:;,rer March ld, 1 ,
'
0, 19 - Tyitnes my hand and official seal.-t.: ..1-.,..-. .:.. ,./ t -i*,i ']- - -.1 j : i {2i,/,,_,1/-r;v -V,Zu|,o, -*-: ?:t; \-, ..1 \\r -, : /-lrob, publia,---r)::..-- ' .1_- -..' ---.s-'1-'./' ;.'.....- -...r' - <. .;-'"i.rg""f ,;.r.s
tt
i-i
No.932. WIRnANTY DEID.-Fo. Phobr..Dhi. R.o.d.-Bd?ord Publirbior Co., tB:!{6 Stdi Sr.Rt_ D6r.!, Cotor.&---a-rt
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, L979
Section 2.02.0L (d) and 3 .02.AL the undersigned Hollis F.
Tufly and Jean C. Tufly respectfully petition the Board of
County Commissioners of Garfield County, Colorado, to exempt
by resolution the division of an 86.43 acre tract of land into
two tracts of land, one of 8.55 acres and one of 77.88 acres,
more or 1ess, 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) and the Garfield County Subdivision
Regulations, for the reasons stated below:
1. Applicants have resided in their horne on the 8.55
acre parcel for eight years and wish to remain in their home.
2. Applicants wish to sell the remaining parcel of
77.88 acres Lo a party owning property adjacent to the subjeetproperty .5'- 7Oa1-)F44 t/ S)oz;t b,-l (i_, ,ta .-2J/In support of this pet'ition, the'petitioner also submits
the following:
(a) Map drawn to scale showing proposed lot subdivision
and access
Copy of deedVicinity Map
State on source of domestic water -Statement on method of sewage disposal-
100 year floodplain information wherelive stream crosses or adjoins said tract
Fee in the amount of $ ,;,i i {"Evidence of the soil ttp65
ax Glenwood Springs, Colorado, this L2c"n day of
, 1981.
0051 223 Road
Rifl e, CO 81650
Mailing Address
(v1E(e)
Ft
tr,
Submitted
June
Exnibic n to the Petition for Eremp,\11
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. B0CW32
F lL E-L)
IN WATER C0Ui(,f
Division No' 5
j il-:r i 1gE0
STATE OF COLORADO
IN THE MATTER OF THE APPLICATTON
FOR hIATER RIGHTS OF
HOLLIS F. TUFLY AND JEAN C. TUFLY
rN GARI'IELD COUNTY
RULTNG OF REFEREE
The above entitled application was filed on March 5, 1980, and
vras referred to the undersigned as Water Referee for Water Division No. 5,
State of Colorado, by the Water Judge of said Court on the l8th day of
Apri1, 1980, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes L973, knorvn as The Water Right Determination and
Aclministration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having becorne fuI1y advised with respect to
the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to-wit:
1. The statements in the applicatj-on are true. ,A recent
survey has more accurately described the location of the we11. This
information has been incorporated in this Ruling of Referee.
2. The name of the structure is Glenn Anderson Wel].
3. The names of the claimants and address: Hollis F. Tufly
and Jean C. Tufly; 0051 County Road 223i Rif1e, Colorado,
4. The source of the rvater is a well having a depth of 52 feet,
and being tributary to the Colorado River
5. The well is located in the SWk NWk of Section iL2, T.6 S.,
R. 93 rJ. of the 6th P.I,I. at a point. South 11353 feetrand East 890 feet
from the Northwest Corner of said Section 12.
6. The use of the water is domestic, livestock water, fireprotection and larvn arnd garden irrigati'on.
7.
B.per second of
The date of initiation of appropriatlon is August 11', 1961,
The amount of water claimed iffi;>i" foot of water
9. Permit No, 9867 was issued by the Office of the State
Engineer on September 29, 1951.
10. The r.rell rvas completed and the water first applied to
beneficial use on August 11, 1961.
-1-
I 0cw32
ZeegPs€
Ther.does therefore conclude that the above entitled application
should be granted and that 0.066 cubic foot of water Per second of time
is hereby awarded to Glenn Anderson I{elI, for domestic, livestock water,
fire protection and lawn and garden irrigation, with appropriation date
of the 11th day of Auguit,1961, absolutely and unconditionally.
The above described underground water right meets the criteria
for an exempt domestic well pursuant to CRS 1973 , 37-92-601 (1) (e) r so
long as it is used for the purposes set forth herein, and by statute-
It is accordingly ORDERED that this ruling sha1I be filed with
the Irlater Clerk and sha1l become effective upon such filing, subject to
Judicial review pursuant to Section 37'92-3OQ CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and State Engineer.
Done at the City of Glenurood Springs, Colorado, this fl 5t
day of t' / , 1980.
BY IIHE RXFEREE:
Wat feree
Via Division No. 5
of ColoradoState
-2-
EXIIIBIT E to Petition for Exemption
Method of Sernage Disposal
See attached Repair permit and Final Approval.
A concrete septic tank exists and is in use on thesubject property. A 24' x 4L ' x 3' leach field vras created
Ln L972-73. Plastic pipe is being utilized in the systern.
The Garfield County Departrnent of Environmental llealth
inspected the system and gave it final approval on March 3,
L975 (see attached approval form).
.,1 t
Owner
Attachment to Exhibit q
Petition for Exemptir
GARFIELD CvJNTY DEPARTMENT OF ENVIRONMINIAL HEALTH
2014 Blake Avenue
Glenwood Springs, Colorado 81601
.: I
^llis uffiy i-in1 ,,
PERMTT # s 115 (this does not constitute
a building or use permit)
System Location
Licensed Cont ^ctot
e>.rr.r'*-o
* conditional consffucrion approval is hereby granted br f:t3'''1bga\on
X Septic Tank or- Aerated tr.eatment unit.
Absorption area (or dispersal area) computed as follows:
Perc raLe / inches in 6o oinutes :3 r<z sq. ft.
absorption area per bedroom z?Rt:€
# of bedrooms 3 x 3 i r> sq. ft. minimum requirement
May we sugg-est a4' X 4/ ' * 3' ,> ez-+-+oc{ E<':2
Date .f - z+--7-{
FINAL APPROVAL OF SYSTEM:
No s,vstem shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system
is approved prior to covering any part.
E-Y'-r?/!le:-Septic Tank cleanout to within 12" of final glade or aerated access ports above grade.
r:'z' Proper materials and assembly.
"--1-' Adequate absorption (or dispersal) u'ea.
i:'(- Adequate compliance with permit requirements.
c''',' I - Adequate compliance with County and State regulations/requirements.
-3-::,--7t Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
XCONDITIONS:
1. All installation must comply with all requirements of the County Individual Sewage DisposaJ Regulations,
adopted pursuant to authority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963.
2. This permit is valid only for connection to structures which have fully complied with Codnty Zoning and
building requirements. Connection to or use with any dwelling or structures not approved by the building
and Zoning office shall automaticaJly be a violation of arequirement ol'the permit and cause for both
legal action and revocation of the permit.
3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal
system in a manner rvhir:h involves a knowing and material vuiuion liom the terms or specifications con-
tained in the application of'permit commrts a Class I, Petty Ot'fense 13500.00 fine - 6 months in jail or
both.
tnrv""to, 4,'4.
EXHIBIT F to Petition
100 Year Floodplain
No live stream crosses or
See Exhibit C - USGS quadrangle
for Exemption
fnformation
adjoins subject property.
map.
Exfribif Itj Eo Ehe PeCiEion for Exem- "'.onParcel A
Map Unit tlo. 5OC
SOIL CHARACTERISTICS
Dept,h to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent eoarse fragments(greater thaq 3 inches)
Salinity (ecxtoJ e 25oC)
pH (surface)
Shrink-swell. Potential
Potential frost-action (surface)
Flood Hazard
Hydrologic Croup
CorrosiviLy Steel (uncoated )
ConcreLe
I
DEGREE & KIND OF LIMITATIONS
l/' *-' (0 is S1ight, M is Moderate, S is Severe)
. Septic Tank Absorpti_on Fields
Sewage Lcrgoons
Sanitary Landfill Trench
Area
Shatlow Excavations
Dwellings w,/basements
w,/0 basements
LoaaI Foads & Streets
SUITABILITY AS A SOURCE 0F...
Daily Cover for Landfill
Boadfill
Sand
.- Gravel
" Topsoil
rlV, ,3?
More than 50 inches
IrOa.ni
LOam
LOam
ML
Moderate
o-5
7.,1+-B . h
Low
Low
None
3
High
Lor+
o
M Slope
0
0
0
M Low strengthM Low strength
M Low strength
Good.
tr'air Low strength
Unsuited.
Unsuited.
Good
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF OI{-SITE TNVESTIGATION
Uxnibi H Eo Ehe PeciEion for Exe' iionParcel B
" DEGREE & KIND OF LIMITATIONS
- (O is Slight, M is Moderate, S i-s Severe)
. Septic Tank Absorption Fiel-ds
Sewage Ldgoons
Sanitary Landfill Trench
Area
ShalLow Excavations
Dwellings w./basements
w./0 basemenLs
Local Boads & Streets
SUITABILITY AS A SOURCE 0F...
DaiIy Cover for Landfill
Hoadfill
Sand
GraveI
" Topsoil
rl
V, ,3?-
Map Unit t'to. 5OC
SOIL CHARACTERISTICS
Depth to bedrock
TexLure
Surface
Subsoil
Substratum
Unified Classification
Permeabil ity
Percent coarse fragments
(greater Lhag 3 inchc.s)
Salinity (ECxlor €' 25"C)
pH (surface)
Shrink-sweI1 Potential
Potential frost-action (surface)
Flood Hazard
Hydrologic GroupcorrosiviLv ::;:l"l:"coated )
I
Ilore than 60 i.nches
L,Oa.ur
IrOa.un
Loam
YIL
Moderate
o-5
7. /+-B .1+
Low
Low
None
3
High
Low
o
M Slope
0
It Low strergth
NI Low strength
M Low strength
Good
tr'air Low strength
Unsui-ted
Unsuited.
GoocI
0
o
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION