HomeMy WebLinkAbout1.0 Applicationfficcrr
Prosident (303) 625-1235
Carl H. Bernkleu
7880 309 Road
Rifle, Colorado 8t650
Vic€ Presidont
Harold Shaeffer
5957 319 Road
Rifle, Colorado 81650
S€c. Treas.
Nora Ruth Bsrnklau
7880 309 Road
Rifle, Colorado 81650
Attorn€y
Russ€ll G€orge
P.O. Box 907
Bitle, Colorado 81650
West Diyide Water Conservancy District
POST OFFICE BOX 1478
R|FLE, COLORADO 81650-1478
August 29,1988
I,lr. Kerrv Sunde,n
Epftsch, Inc.
P. 0. Draraer 160 'RE: Efi^Erd & Jan Walters/Doyle & Kather-ine l,ikely
Glenrnnod Springs, Colorado 81602 C-ontract #BBffi11-EI^/L
Dear Mr. Sundeen:
Enclosed please find Contract #880811-E14lL for Edvmrd & Jan Walters and
Doyle & Katherjne [,ik':.'Ly for 5 "cre/feet augnrentation/exchange r,later fr,-m the l.lrst
Divide Water Consewancy District. C,opies of ttris c(rtract have been zuhnitted
to tirc fol1rn'ing entities:
State of C,olorado Water Resources
Dirrision #5 Water Resources
C-olorado River Water Conservation District
Cerfield County Ptanning Departnrent
We::t Divide Attorney
I,{est Di.ride Engineer
We have been requested to inform you that vtren you apply to the State
Diyision of hlatel llesources for your r^e1l perrnit that you must send a r:rrpy of your
co-rltract with hlest Divide io thsn to help speed the process in thelr offices, thank
you.
Bolrd ol Dilrctort
Carl H. B€rnklau
7880 309 Road
Riflo, Colorado 81650
Leonard Chrisiensen
10879 31 t Road
Silt, Colorado 81652
Gr€gory Durr€tt
926 Blak€ Avsnue
clonwood Spgs.,CO 81601
Harold Shaeflor
5957 319 Road
Rifl€, Colorado 81850
John Martin
131 12 Highway 82
Carbondal6. CO 81623
Sincerely,
)=4.= .dl.rt-''
Nora Ruth Bernklau
triater lbnager, W.D.W.C.D.
NRB/se1f
Enc. C.ontract #88G11-E1^/L
c/c Glorado State Water Resources
Diuisioe 1,5 ldater Resources
Co1o. River Water Conservation District'--€arfield County PlanrLing Departrent
W.D.W.C.D. Attorney
W.D.W.C.D. Engine:r
):. it.l>/q-,-+'
2
units.
) farm animals shaIl
land less than one
Ordinance #182)
not be kePt on a Parcel of
acre in area. (see
C district is to
anticiPating heavY
Performance Stan-
(3) for all other conditional uses'
lot area shal1 be five thousand
feet, unless otherwise sPecified
of Trustees
hN
(F) Setback requirements: Minimum set back from
ptop"tly 1 ws:
the minimum
(5000) square
by the Board
front Yard - 10 feet
rear yi.t 10 feet or 5 feet for accessory
build.ingsideyard-8feetcornei lot - I feet side, 10 feet rear'
5 feet for accessory
Maximum building height shall be
than two storiel, excluding the
(1)
l2\
(3)
(4)
(c)
30 feet
basement.
no more
(H) Residentiql-lensityt Ivlaximum residential density
shal1 be orru ffi.r 3,750 square feet- of land
areafortworamiry.,,,it=and5,000squarefeetoflandareafor single familY units.
COMMERCIAL (C)
(A) PnrPosq: The PurPo-se o{ the
provide an ffi-Eor commercial activity
i-aestrian and automobile traffic' (see
dards) .
(B)Uses by right:
(1)
t2l(3)
(4)
(s)
(6)
(7)
(8)
(e)
(10)
residential on second story or above
underground utilitY lines
parks/open space
accessorv uses
public institutions-retail and wholesale businesses
eating and drinking establishments
off ices
banksp.i=ot,.f , social and Prof essional
services(11) funeral homes(12) municiPal facilities
(13) fire stations
iiaf business of a retail or service nature
(15) overhead utilities
Building
alTowlng
(16)
(17)
(18)
(1e)
(20)
( 21)
l22l(23)
124l
day nurseries orpersonal services
pharmacies
nonprofit clubs
community centershealth centerspolice stations
community service
wholesaling
child care centers
outlets
agiencres
Conditional uses in a C dist-(C) Conditional uses:
rict shallffi
(1) sinsle-family dwellings(2) home occupations(3) churches/religious institutions(4) substations(5) room boarding
(6 ) PUD(7) schools(8) museums(9) automobile service stations(10) vehicle sales lot(11) limited industrial uses(12) scientific research or manufacturing,
compoundirg, assemblingr processing,
fabrication, packaging or treatment of
products, wholesaling, jobbing, warehousing
or manufacturing: industries(13) storage of oi1, gasoline or petroleum
products(14) outdoor storage(15) parking lots(15) hotels, motels and lodges
(D) Floor area:
(1)
t2l
uses by right - no minimumconditional uses - no minimum
unless specified by the Board
requirement
be as follows:
feet
10,000 square
height shall betwo stories,
(E) Lot area: Minimum Iot area shaIl
(1) uses by right - 2,500 square
12) automotive filling stations
thirty (3ffiing no more than
feet(3) other conditional uses 2,500 square feet
(f) Setback resuirements:Rear - 5 feet
(c) Build.ing height: llaximum building
excluding the basement.
llaximum Lot coverage:
(1) uses by right - princi-oa1 and accessory
building not more than 95t
l2l conditional uses - principal and accessory
builcling not more than 95t, unless otherwise
sPecified bY the Board
PERFOR}.IANCE (P)
(A) Purpose: The Purpose of.the P district is to
provide an-ar-for inauitry with minimal adverse environ-
mental effects. All uses shalI comply with the performance
standards aS adopted in this ordinance (see Performance
Standards).
(B) Uses bv right: Uses permitted by right in a P
district sEaFffillows:
(1) underground utilitY lines
(2) Parks/oPen sPace(3) accessory uses(4) municiPal facilities(5) fire station(6) Police stations
(c) conditional uses: conditional uses permitted in
a P distriffiollows:
(1) domestic animals
l2l substations(3) PUD(4) schools(5) museums(6) public institutions(7) ietail and wholesale businesses
(8) offices
igt personal, social and professional services
(10) lutomobile service stations
(11) vehicle sales lot
(12) limited industrial uses
(13) wholesaling or manufacturing j-ndustries
(14) storage of oiI, gasoline and petroleum
products(15) businesses of a retail or service nature
(15) outdoor storage
(17) overhead utilities
(LB) excavation and/or road construction
facilities(19) day nurseries or child care facilities
(20) parking lots(21) community centers
(221 wholesaling
(H)
PRE ANNEXATION AGREEMENT
. Thls agreement mad.e and. entered into this /7/L day of
flry,, L A. D. 1989 , by and between Doyle Llke1y -Efr'd EdwardfrETffierelnafter referred to as "Landowner" and the Town of
New Castle, a municipal corporatlon of the County of Garfleld,
State Of COlorado, hereinafter. referred to as "Town" to be come
effective on L}:le /7ft-' daY of , 1989.
1. RECITALS. For tire purposes of interpretlng and giving
ef f ecffi---.Ef rs agreeaent, the partles agree to the truth and
accuracy of the foilowing:
a) Landowner owns the real property described as
Township 55, Ranga 90W of the 5th Principal Meridlan
Section 32, NE !/4 Sw L/4 excepting thac portion conveyed to
Minnle B. Coryell by Docrrment recorded April 15, 1909, irl
Book 75, Page 562 as reception number 36905, that portion as
conveyed to the Denver Rlo Grande Railroao Company by
Document recorded April 2, L889, ir Book L9, page 381 as
receptlon number 8755 and excepting the rlght-of-way for
Hrghway 6 anC 24.
hereinaf ter ref erred to as "property'r '
b) The property is commercially zonei and the partles recognize
the substantial contributlon sales tax producing buslnesses
located ont he property will make to the sales tax revenues of
the Town;
c ) A community of interest exists between the area proposed to
be annexed atrd the Town of New castle, Coloraoo.
d) The parties wlsh to enter into atl aqreement regarding
annexation of the property and the provision for furnishing
munlclpal services to tire prcperty in the event of annexation and
to further clarify the parties understandlng as to annexation.
2. WATER AND SEWER.
a) Land.owner agrees to install water distrlbuLion and sewer
collectiou llnes within the property in accordance with the
Town'S standard.s and speclfications and pursuant to plans
approved. by the Town. Landowner agrees to develop and provide to
the Town for review and approval prlor to platting of the
property a master ut1l1ties plan for the annexed area. Approval
w111 not be unreasonably withheld.
b) The part,ies mutually agree that Lanoowner shall d.esign and
install wlter llnes and. fire hydrants wlthj-n the proper+-fr Ln
accordance with Town,s standards and speclfications, subject to
approval by a Town appolnted engineer and the fire department.
fl- is expressly understocd that the Town may be unable to provide
ii.." prttection to any of the annexed land prior to the
installatlon of required fire hydrants.
c) Sqbject to paragrapir E herein the Town sha11 provide water
and sewer service to ihe property wlthin a reasonable period of
tlme after d.eterminatlon of need by the Landowner and the Town as
required for development of the property. At that tlme the
tandowner agrees tL pay 50e,, of installation cost of extenslon of
sewer collectlon l1ne not to exceed $45,000.00.
d) If Town is unable to provid.e water and sewer service in a
timely fashlon to the property in accordance with Landowner's
d.evelopment schedule, Landowner may provide for interim water and
sewer service to the property. Approval of the interim service
measures shal] be subj ecr to a separate agreement between the
Landowner and Town.
The separate agreement shall address:
1. The deflnltion of type of service to be provided'
( including tlle source ) '
2. Any llmltations on the use of service '
3. Conditions and terms for termlnation of interim
servrce.
4, Payments to the Town for conversion to the Town's
permanent system for ful1 service.
5. Ownershlp of the interim faciLltles '
6. Specifrcs on operation and maintenance of such
facilities.
7. Interim facllitles to be deslgned pursuant to Town
standards, and shall be reviewed for Same by the Town '
g. . The Town's determlnation whether any credlt shall be
glven to t5e Landowner resulting from the integratlon
of the interim facility into the Town's permanent
sYstem.
All costs of providing such interim measures sha11 be the
responsibility of Landowner. Landowner sha11 be entitled to
received reimbursement from other property owners benefj-ting from
such interim measures pursuant to a Separate agreement.
e) At such time as central water and sewer distributlon is
available to property, Landowner aqrees to connect to such
servj.ces and cease to use interim services descrlbed in part d).
Landowner further agrees to convey by special warranty deed the
rlghts to all well water existing on property after connecting to
municipal water ser',lices. Town and Landowner shall enter into a
separate agreement for compensation 1f it is determined to have
value to the Town.
3. POLICE SERVTCES.Upon annexaticn the Town commlts to
pro.riffitlon for the property.
4. ZONING. Upon annexation the property shall be zoned with a
zoneffitc1assif1cationno1essrestrictivethanthezoning
now in effect for the property.
5. STREETS. Landowner sha11 dedicate all rights-of-way for
publi-EEts, if necessary, for the fulI width thereof , ds
requlred by the Town code of the Town of New Castle, Colorado,
an6 design and fu11y improve to Town standards all public streets
within the property, and one-half of all streets lying on or
abutting the exterior boundaries of the property, wlthout cost to
Town. Such dedication of streets shaII occur pro rata at the
time of subdivision or PUD platting; however, Landowner agrees to
ded.icate such rights of way at an earlier tlme when determined by
Town tc be required for commencement of construction r:f such
streets or for extension of utllities.
6. ANNEXATION. Subject to the foregoing, Landowner agrees
that at -ffiffime as the property complies with all appllcable
legal documents, Land.owner will commence annexation proceedings
in accordauce with the Laws of the State of Colorado and
Munj-cipa1 Charter and Code of the Town.
7. CCSTS OF ANNEXATION. The Town agrees to pay the ccsts
incur ith the annexation of the property, stlch
as survey costs and costs of preparatron of the annexation map.
Any ad.dit-ronal costs such as Landowner's attorney fees shall be
pald by the Landowner.
8 . BINDING EFFECT. Thls agreement shal1 be binding upon the
part:-fficcessors in interest of any kind.
9. 5EyERABTLITy. rf any prcvision of this agreement shalI for
any TEEnTG-EEId to be lnvalid or unenforceable, such shall
not affect any other prov:-sion thereof, but this agreement shall
be construed as if such invalid or ttnenforceable provision had
never been contained herein.
10. TIME. Time if of the essence j"n this agreement.
11 . RECORDI}IG.rightr-frffiEritY
IN WITNESS wHEREof, the Parties
authorized. offlcials to Place
Agreement the daY and Year first
is agreed. that the Town shaIl have the
record this agreement.
hereto have caused thelr dulY
their hands and seals upon thls
above written.
Itto
L1l(
/
l.L
TCWN OT NEW
Wa ters, Lan
CASTLE, COLORADO
corporation
ATTEST:
STATE OF COLORADO
COUNTY OF GARI'IELD
S5
The forego-ing instrument
d day or /r,, , lsss,
Landowners.
Witness mY hand and official seal '
( SEAL )
My commlssion expires:
My Cortrrnfssiin E4i::-'s S€d 30.19t2
was acknowledged before me this
by Doyle LikelY and Edward Walters,
STATE OF COLORADO
COUNTY OF GARTIELD
The foregoing
cc
instrument was acknowledged' before me this
1f a^v ot (, - / , Lsls, bY Frank Breslin, Mavor'
/
Wltness mY hand and offlcial seal.
{ sEAr )
My commlssion explres:
! :,, '' ' - i:S.i ,ir ;:pirg$ Sed.30.1992rJrJ/ v'J""
ot,ary
ENARTECH lnc. Consulting Engineers and Hydrologists
April 10, 1989 -\svzz-
-.ZIS-
Ed Walters
P. O. Box 2323
Glenwood Springs, CO 81602
RE: Water Requirements
Commercial Development
Dear Ed:
^ZTN.
You have asked us to calculate the annual in-house requirement necessary to
support the proposed Pepsi Cola warehouse to be located near the I-70/New
Castle interchange. Our calculations are based on the following
assumptions:
1,. A 10,000 square foot warehouse with two small restrooms,
each containing a sink and toilet.
3. Three full-time employees (2 managers and a secretary), each
requiring 30 gallons of water/day.
3. Seven route drivers, each requiring 15 gallons of water/day.
4. Occupancy of the building for approximately six days/week =
313 days/year.
Based on the above outlined assumptions, we estimate that the Pepsi Cola
warehouse will require approximately 0.19 acre feet of water annually for in-
house uses. For comparative purposes, a single family home typically
requires 0.30 acre feet annually for these same uses.
Domestic wastewater from the Pepsi Cola warehouse could be effectively
treated with an on-site sewage disposal system. The design flow for the
system would be 1.5 [(3 x 30 gpd) + (7 x 15 gpd)] = 195 gallons per day. A
standard septic tank and leachfield system could effectively treat and dispose
of this amount of wastewater, assuming that the on-site soil conditions are
satisfactory.
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945'2236
Ed Walters
April 10, 1989
Page -2-
An "engineered" sewage disposal system consisting of a septic tank and
evapotranspiration bed could be designed for the site if the soil conditions
are not satisfactory. The final design of the system would depend on site-
specific soils investigations to meet the design standards of the Garfield
County Sewage Disposal Regulations. We do not anticipate any problems
designing and constructing an on-site sewage disposal system that would
meet all of the requirements of the Garfield County regulations.
Sincerely,
ENARTECH, INCfl,1R. Scott Fifer ./
Hydrologist /
Peter Belau
Professional Engineer
RSF/PB/bea
Pur susan t,
amended, and
BEFORE THE BOARD OF COUNTY COI.TMISSIONERS OF
GARFIELD COUN?Y, COLORADO
PETITION FOR EXEMPTION
C.R.s. (I973) SecE,ion 30-28-I0I ( l0) (a) - (d) as
.,/e'subdivision Regulab.ions ot /arf ield County, Colorado,,.4.A
23, 1984 SecEion 2220.49t Ehe undersigned
respecEf ul Iy petit,ions t,he Board
aPPr ox imat,ely ft_acres each, m{re or 1ess, f rom the def iniEions\,'subdivision' and subdivided land' as t,he E,erms ar e used and aerine( in/-\
C.R.s. (f973) SecEion 3O-28-t0l (10) (a) (d) and t,he Garfield Counr,y
subdivision Regurat,ions for Ehe reasons '"uut,"d bgJrcw: i
Eo
E,h
of counby commissionexsl of Garfiel$ county, colorado, to exeTpE by
Resorut,ion Ehe d.ivision or 7-Ta{r" Eracr, of land inco_ Eh rr""lr,,rl t --T---of
of
SUBMITTAL REOUIREMENTS. \'
[n affiitisfies bhe review criEeriaall E,he f ollowing inf ormation.
. +.must, be submiEbed wi t,h
\
on
of
ir,
A.
,ad-.-- Al-.
D.
B.
skeLch Tap aE a minimum scale of 1,=200r showing Ehe lega'ldescrlpLion of t,he property, dimension and area of arl loEs o.rseparate inE,eresEs t,o be - created, access t,o a publ i c
I i:!:::f lluyl and any proposed easeme.rs f or dr ainu,Je,rrr_rgaUtonr\ access or uE,il ities ,vicinity..nap aE a minimum scaie of 1..-2000, showing the generaltopographic .and geographic relaEion of Ehe pr"pq."d'"*".pEion roE,he surrounding area *i utrin two lZ) niles; - i;i"t i"f, u'"opv ;i'-U..S.G..S. quadrangle map may be used.
9opy of the deed showingf'orrnership uy Elre applicant, or a reEEerf rom Ehe propgr t,y owner ( i ) if othei than cne- ippt icanr,; andNanes and addresses of owners of record of land i^neJiatelyadjoining and within zoo feet of the proposed oxemption, ;i;;;;iowners and lessees of mineral osrners oi rLcord of tLe property tobe exemptedr and tenants of any structure lroposea forconversion; andEvidence of bl," soil -typeS and charact,erisE.ics of each type; andfroof of legal and ia.iui[u sorrce of domesuic water for each 1orgleaEedr meEhod of sewage disposalr dnd leE,ber of appror"l-oi!ir" protecEion plan f rom appropr iai,e f ire oi"t.i icti an<lrf connection to a commdnity or municipal wat,er oi se$rer sys Eer;i:_ -proposedr o leEEer frot Ehe govirning uorry suacing atrill ingness t,o serve; and
Ilrra-tiyg explaining why exemptlon ls being requesE,ed; andIt shall be demonsErated that, the parcel exis[ed as <]escr ibecl.Ianuary 1, 1973 or the parcel as- iE exisLs presenEly is onenot more Ehan Ehree parcels created from a iarger pircel as
Pet oite r
4(t,.
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9.
II.r.
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Telepbone Number
5 P'frte* bb0r-
L6
SB 35 EXEMPTION CHECK SHEET
-.rl
l)' i,'t'' 'i ^ t r {' \'1j v" i i', PClL':i "'NiiL'"
{/--42_
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Deeds
Deeds
1973.
Li st
200' .
for OwnershiP
showing number of lots created since January 1,
of names of adjacent landowners and owners within
List of mineral owners and lessees
record of the ProPertY.
Soils inf ormation.
Source of legal and adequate water
Method of sewage disposal. {i," {':; r 'l*
Letter concerning fire protection t
distr ict.
of mineral owners of
,111. '.{n. .."' f*I.tq" I
,' F
sup6lv .(i J:5 D 5
:rom appropriate fire
-l
**.,"-€
Letter from appropriate municipality, if parcels are to
be served by municipal vrater and/or sewer.
Narrative explaining why exemption is being requested.
Sketch map scale I'=200' showing legaI description of
property, dimensions and area of all lots or seParate
interests to be created, access to public
right-of-vrays t Proposed easements for drainage,
irrigation, access or utilities.
Vicinity map scale I'=2000' showing general topography
ancl geographic relation of proposal within 2 miles'
Letters sent 15 days prior to hearing for adjacent
landowners within 200' .
Letters sent 15 days prior to hearing for mineral owner
of property.
Property posted.
$I00.00 Fee
{ ''/,, ii fr /,trr){" ,'
i) r,' ,'b tJtt- / t'fi-w,j f " $,'-<'*4Lr' f'*-a1
A.
\
gxEMPTION
APPLICABILITY
The Board of CounEy Commissioners has the discretionary Power t,o exeinpt a
division of lancl fiom the defi.nition of subdivision and EherebT fron the
procedure in Ehese RegulaE,ions r ptovided t,he Board determines thaE such
lxenpUion !ri]] not, irnpair or defeat the staEed Purpose of the Su!:division
Reguiat,ions nor be detriment,al to Ehe general Public welfare. The tsoard
snitl make exenpt,ion decisions in accordance t'rith the requirements of
these regulat,ions. Following a review of Ehe individual fact,s of each
app] icat,ion in tight of t,he requirement,s of these Regulations, the Board
nay approve, condibionally approve or deny an exemption. An aPplicat,ion
foi eiemptlon musE saUisfyr at a mininum, dfl of the review crireria
l ist,ed below. Compl iance wit,h bhe review cr iter ia , however , does l'loE
ensure exempblon. fhe Board also may consider addit,onal factors lisEed in
SecEion 8:60 of the Subdivision RegulaEions.
No more than a toEal of four (4) lot,sr porcels, inEeresus or dwelling
unlt,s wt!1 be creabed from any parcelr as bhat parcel was described int,he records of t,he Garfield CounEy CIerk and Recorder's Off ice orl
larf 1r 1973r dod is not a patt of a recorded subdivision; however,
be divided by exempbion t,hat, is spl iE b7 a publ ic
right-of-vray (State or Federal highway, Cou'nEy road or railroad ) or
naEural f eaLure, preventing joint use of t,he proposed tract.s r dhd Ehe
Civision occurs along the public right,-of-way or nat,ural feature, suchparcels thereby created hdy, ar bhe discretion of Ehe Boarcl, nou be
considered t,o have been created by exempE,ion wit,h regard Eo t,he four(4) 1ot,, parcel, inEerest or dwelling uniu limit,at,ion oEherwise.appl icabl e;B. All Garf ield CounEy zoning requirement,s wiIl be met,; andC. All Lot,s creat,ed will have legal access E,o'a public right,-of:wo/ and'any necessary access easement,s have been obt,ained or are in.t,he
process of being obbained; andD. brovislon has been made for an adequat,e source of -water in E,erms of
bot,h bhe legal and physical gualit,y, quanEity and dependabil ity, and e
suit,able type of sewage disposal Eo serve each proposed loE; andE. All stat,e and loca1 environmental healEh and safeEy requirements have
been net, or are in Ehe process of being met,; andF. Provision has been made for any required road or st,orm drainage
improvements; andG. Fire protecLion has been approved by t,he appropr iaEe f ire distr ic-'.H. Any necessary drainager irrigaEion or ut,ility easements have been
obLained or are ln E,he process of being obt,airred; andI. School fees, t,axes bnd special assessmenEs have been paid.
(The School ImpacE Fee is $200.00 for each new loE created).
PROCEDURES
A. A reguest, for exemption shall be submiE,Eed uo t,he Board on forms
provided by Ehe . Garf ield County Department of Development,,/Planning
Division. Two (2) copies of t,he application, maps and supplenent,al
inforrnaEion shall be submiEted
B. The Planning pivision shaII review the exempt,ion requesE, for
compleEeness wit,hin eight, (8) days of submittal. If iucomplete, Ehe
applicaEion shall be withdrawn from consideration and t,he apP]icanE
notif ied of the addit,ional i nf ormaElon needed. If t,he aPPl icat ion is
compleEe, the applicant, shall be noEified in wriE,ing of the time and
plate of Ehe board of Coirnty Commlssioners meeEing aE, whiclr Ehe
iequest, shall be considered. In elther caser ilotificaEion shall occur
withln f if Eeen ( f 5 ) days of submit,bal .
c.NoEice of Ehe public meeting shall be mailed by-cerEified mail' reLurn
receipt, requested, Eo orrn"ri of record of tanO irnmedisEely adjoininS
and wiEhin 200 feet, of t,he proposea exempElonl. bo.mineral o!'ners and
lessees of mineral orn"ri Lf tecord - of Ehe land proposed for
exempLionr una io tenanEs of any sErucEure Proposed for conversion'
The exernption sibe shall be poste-d .clearly anrJ cons-Picuously visible
iio* i pirUii" ri9ht,-of-way wictt noEice signs-Provided by Ehe Planning
Division. AII not,ices shaII be mailed aI least fifteen (f5) anJ no!
more Ehan utriiui (30) days prlor to the meeting. TItg aPPlicanE shaII
tr. ,.rpon"ibI; 'roi 'maiiini bhe noEices and shall presettE Proof of
mailing aE the meet,ing.
At or wiEhin fifEeen (r5) days of the meeblng, t,he Board shall
.pproru, conclitionalty aPProve ^or dqny Ehe exempt'ion reque:t' The
reisons'for denial or any bondit,ions of ipptoval shall be set forth ir
ilre minut,es of Ehe meet,ing or in a lrribt,en resoluLiort. An appl!canr.
denie<i exempt,ion sha]1 follow Ehe subdivision procedure irr Ehest'
Regula E ions .
D.
DEED
THIS INDENTURE, Made this 8Ih day
OF TRUST
, 19 88 , by and between
Edward S- tilalfers-.Jen M- Welters- Dovle P- T,'lkalw and Katherlne L.
of July
LikeLy
whose address is 0108 Piedmont.
City of Glenwood Springs ,County of Garf{ el d , and State of Colorado,
hereinafter designated Party of the First Part, and the Public Trustee of the County of
Garf{ pl d ; in the State ofColorado, Party of the Second Part.
WITNESSETH, That Whereas, the Party of the First Part has executed his Promissory Note bearing even
date herewith for the sum of' Forty-six Thousand and No/100------------------------
Dollars
(s 46.000.00 ) payable to the order of Colorado National Bank - Glenwood
hereinalter designated the Bank, whose address is
901 Grand Avenue. P. O. Box 520. Glenwood Sprinss. CO 81602
And Whereas, if said Note or any related agreement provides for additional advances at the option of said
Bank, it is specifically agreed that said advances shall be a part of the principal indebtedness, that all of the
covenants and agreements evidencing such advances strall be a part hereof, and that this Deed of Trust shall
secure, in addition to the original indebtedness, any additional advances made by said Bank to the Maker or
Maker's successors in title. The Public Trustee may, upon the production of said Note, duly cancelled, release
this Deed of Trust without further showing as to said additional advances and without liability for so doing;
such release shall also constitute a release of the lien for any such advancements.
And Whereas, said Party of the First Part is desirous of securing the payment of the principal and interest
and all other sums due under the terms and conditions of said Note and this Deed of Trust, in whose hands
soever the said Note may be:
NOW, THEREFORE; said Party of the First Part in consideration of these premises and for the purpose
aforesaid, does hereby grant, bargain, sell, and convey unto the said Party of the Second Part, in trust forever,
the following described property situate in the
and State of Colorado, to.wit:
County of Garfield
TOI,INSHIP 5 SOUTH, RAIIGE 90 WEST OF THE 6TH P.M.' SECTION32: NElrSWk
EXCEPTING THEREFROM that Portion conveyed t,o Minnie B. Coryell by
Document recorded Aprll 15, 1909 ln Book 75 at Page 562 as
ReceptLon No. 39605, TIIAT PORTION conveyed to the Denver and Rio
Grande RaLlroad Company by Document, recorded AprLl 2, 1889, Ln
Book 19 at Page 381 as Reception No. 8755 and EXCEPTING the
right of wgy for Highway 6 arrd 24.
COI'NTY OF GARFIELD
STATE OF COLORADO
.(
Qn@u-$;
together with all improvements and apditions now or hereafter situate thereon, otherwise known and numbered
as n/a Street,New Castle , Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances
thereunto belonging, including all the heating, plumbing, lighting fixtures, and all other lxtures, and equipment
now or hereafter attached to or used in connection with said premises; also the rents, profits and income derived
and to be derived from said premises.
IN TRUST NEVERTHELESS, That in case of any default hereunder by Party of the First Part or his
successors in interest, according to the tenor and effect ol said Note and this Deed of Trust, the Bank or the
legal holder of the indebtedness secured hereby may file notice with Party of the Second Part, declaring such
default and its election and demand that said property be advertised lor sale and sold in accordance with the
statutes of the State of Colorado in such cases made and provided; and thereupon said Party of the Second Part
1OO152/00 RO285 lOccd of Tru3t wlthout Escrow
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TI
HVEY RIFLE AREA, COLORADO 2'
t ler-
ed in
lnclurJed witlr lhis soil in mapping are small areas of
r)lney, Arvacla, and l(im soils that have slopes of 1 to 3
pen:ent. These areas make up 5 to,10 percent of the
rrl0p tlllit.
Pcrrneability is slow, and available water capacity is
;r,0(ierale. Effective rooting depth is 60 inches or more.
liurface runoff is medium, and the erosion hazard is
sligltt.
This soil is used for irrigated crops and hay (fig. 5).
.tfdlfa, srrtall grains, some corn for silage, and grass or
:r'dss-leoume mixtures are grown.
Flooc.ling is suitable for irrigating this soil. lntake rate is
rru.';. lVide, deep cracks form when tlre soil dries. lrriga-
r,r)r) I ates and tillage practices should be carefully
l.l.irlnerl to overcome soil conditions. Green manure
r.rr)1)s Bfid commercial fertilizer are generally needed to
i,rairrtain or improve tilth and fertility.
The native vegetation on this soil was mainly wheat-
grass, sagebrush, and rabbitbrush; however, all areas of
rhis soil are now in irrigated crops.
Cottontail rabbit, squirfel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slow permeability, high clay content, and shrink-swell
porential. Dwellings and roads can be designed to com-
1;urrsate for the low strength and shrink-swell potential.
S;:ptic tank absorption lields are severely limited by slow
,,i.;rrneability. Community sewage disposal systems willr: neec,led if population density increases.
l'his soil is in capability subclasses llle, irrigated, ancl
t\ic, rronirrigated.
20-Heldt clay loam, 3 to 6 percent slopes. This
,leep, well drained, gently sloping soil is on alluvial lans
arrrj sides of valleys. Elevation ranges from 5,000 to
d,t;00 feet. This soil formed in fine textured alluvium
,lerived from shale and sandstone. The average annual
precipitation is about 14 inches, the average Innual air
temperature is about 48 degrees F, and the average
irosl-lree period is about 120 days.'l'ypically, the surface layer is grayish brown clay loam
about B inches thick. The subsoil is light brownish gray
'rlay loam about 13 inches thick. The substratum is tight
gray clay to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Olney, Arvada, and Kim soils that have slopes of 3 to 6
percent. These areas make up S to 10 percent of the
rnap unit.
Permeability is slow, and available water capacity is
nroderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
rnoderate.
This soil is used for irrigated crops and hay. Some
areas are used for grazing. Alfalfa, small grains, some
corn for silage, and grass or grass-legume mixtures are
Jr0wn.
Flooding is suitable for irrigating this soil. lntal<e rate ir
slow. WirJe, deep cracks form when the soil dries. lrriga
tion rates and tillage practices slrould be caref ullr
planned to overcotne linriting soil conditions. Greer
rllanure crops and comniercial fertilizer are generallr
neederl to maintain or improve tilth and fertility.
The native vegetation on this soil is rnainly wheat
grass, sagebrush, and low rabbitbrush; however, al
areas ol tlris soil are now in irrigated crops.
Cottontail rabbit, squirrel, mourning dove, and pheas
arnt finri habitat on this soil.
Comrnunity development and recreation are limited b;
slow permeability, high clay corttent, and shrink-swel
potential. Dwellings ancl roads can be designed to com.
l)ensate for the low strerrqlh anrl slrrink-swell potential
Seplic tanl< absorption lields are severely limited by slon
permeability. Community sewage clisposal systems wil
be neecJed if population clensity increases.'l-lris soil is in t:apability suLrclasses llle, irrigated, arrc
lVc, n$nirrigated.
-lt' I
| 30JHelclt clay loam, 6 to 12 percerrt slopes. This
dqep/ well drained, rnoderately sloping to rotling soil is
on-alltrvial fans anrl sides of valleys. Elevation ranges
from 5,000 to 6,000 feet.'l-lris soil forrned in fine lexturec
alluvium derived from shale and sandstone. 'l-he averag€
annrral precipitation is about 14 inches, the average
trnflUiil air temperature is about 48 degrees F, and the
average frost-free period is about 120 days.
f-i,pically, the surface layer is grayish brolvn clay loarr
al-rout [l inclres lhick. I he subsoil is iight bro,lnish gray
clay loarn al-rout 1ll inches thick. The slibstralum is lighr
gray clay to a depth o[ 60 inches.
lncluded with lhis soil in mapping are small areas oi
Olney, Arvada, and Kim soils that have slopes of 6 to l2
percent. Tlrese areas make rrp about 5 to l0 percent oi
the map unit.
Permeabilily is slow, ancl available water capacity is
moderate. Effective rooting deplh is tiO inches or more
Surlace runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for irrigated hay (fig. 6) and
grazing. Some small areas are in irrigated crops. Alfalfa,
small grains, and grass or grass-legume mixtures are
grown.
Flooding is suitable for irrigating this soil, The intake
rate is slow. Wide, rJeep cracks form when the soil dries.
lrrigation and tillage practices should be caref ully
planned to overcome soil conditions and to conlrol ero-
sion. Erosion can be conlrolled by keeping the soil in
lray or pasture for at least three-fourths of the time.
Green manure crops and lerlilizer are generally needed
to maintain or improve tilth and fertility.
The native vegetation on this soil is mainly wheat-
grass, sagebrush, and rabbitbrush.
When range condition deteriorates, forbs and shrubs
increase. When lhe range is in poor condition, undesira-
uhes
i are
rlOIn
;bles
ravel
,olat-
lrave
txali-
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rrrtit.
r llt-'S,
/a ier
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alion
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11ing.
ields
rrant
hay
rrisk,
rabi-
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;ods
arrd
rined
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rt for
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Eor
and
iSary
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igat-
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rium
rrual
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rage
oam
gray
light
SOIL SURVEY22
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slope, slow permeability, high clay content, and shrink-
swell potential. Dwellings and roads can be designed to
compensate for the low strength and shrink-swell poten-
tial. Septic tank absorption fields are severely limited by
slow permeability. Community sewage disposal systems
will be needed if population density increases.
This soil is in capability subclass lVe, irrigated and
nonirrigated.
31-Heldt clay loam, 12lo 25 percent slopes. This
deep, well drained, moderately steep to hilly soil is on
alluvial fans and sides of valleys. Elevation ranges from
5,000 to 6,000 feet. This soil formed in fine textured
alluvium derived from shale and sandstone. The average
annual precipitation is about 14 inches, the average
annual air temperature is about 48 degrees F, and the
average frost-free period is about 120 days.
Typically, the surface layer is grayish brown clay loam
about 8 inches thick. The subsoil is light brownish gray
clay loam about 13 inches thick. The substratum is light
gray clay to a depth ol 60 inches.'
lncluded with this soil in mapping are small areas of
Olney, Arvada, and Kim soils that have slopes ol 12 to
25 percent. These areas make up about 5 to 10 percent
of the map unit.
Permeability is slow, and available water capacity is
moderate. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
moderate.
This soil is used mainly for grazing and wildlife habitat.
Small areas are used for grass hay or irrigated pasture.
The native vegetation on this soil is mainly wheat-
grass, sagebrush, and rabbitbrush.- When range condition deteriorates, forbs and woody
shrubs increase. When the range is in poor condition,
undesirable weeds and annual plants are numerous.
Properly managing grazing maintains and improves
range condition. Fleducing brush improves the range.
Seeding improves the range in the more gently sloping
areas il it is in poor condition. Western wheatgrass,
streambank wheatgrass, and crested wheatgrass are
suitable lor seeding. Preparing a seedbed and drilling the
seed are good practices.
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slope, slow permeability, high clay content, and shrink-
swell potential. Dwellings and roads can be designed to
compensate for the low strength and shrink-swell poten-
tial. Septic tank absorption fields are severely limited by
slow permeability. Community sewage disposal systems
will be needed if population density increases.
This soil is in capability subclass Vle, nonirrigated.
32-Holderness Varlant clay loam, 6 to 25 percent
stopes. This deep, well drained, moderately sloping to
hilly soil is on alluvial fans and sides of valleys (fig. 7).
Elevation ranges from 6,500 to 7,500 leet. This soil
formed in fine textured sediment derived from shale and
sandstone. The average annual precipitation is about 17
inches, the average annual air temperature is about 43
degrees F, and the average frost-free period is about 95
days.
iypically, the surface layer is grayish brown clay loam
about 1 1 inches thick. -l-he subsoil is grayish brown or
light brownish gray clay about 41 inches thick' The sub'
siratum is light brownish gray, calcareous clay loam to a
depth of 60 inches.
included with this soil in mapping are small areas of
Dollard and Tanna soils that have slopes of more than
25 percent. These areas make up about 5 to 10 percent
of the map unit.
Permeability is slow, and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur-
face runoff is medium, and the erosion hazard is slight.
This soil is used mainly for grazing. Some small areas
are in irrigated pasture and haY.
Flooding is the usual method of irrigation' This soil is
easily compacted by machinery or livestock. lt takes in
water slowly.
The native vegetation on this soil is mainly wheat
grass, needlegrass, and sagebrush.- When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira'
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves the range. Re'
ducing 6rush improves the range. Seeding improves
range in poor condition. Western wheatgrass, pubescent
wheatgrass, and big bluegrass are suitable for seeding.
Preparing a seedbed and drilling the seed are good
practices.
Mule deer, cottontail rabbit, and gray squirrel lind habi'
tat on this soil.
Use of this soil for community development and as a
source of construction material is limited by high clay
content, high shrink-swell potential, low strength, and
steep slopes. Floads and dwellings need good drainage
to reduce shrinking and swelling and soil slumping.
This soil is in capability subclasses lVe, irrigated, and
Vle, nonirrigated.
33-lldefonso stony loam, 6 to 25 percent slopes.
This deep, well drained, moderately sloping to hilly soil is
on mesas, benches, and sides of valleys. Elevation
RIFLE AREA, COLORADO
66-Torriorthents-Camborthlds-Rock outcrop com'
plex, steep. This broadly defined unit consists of ex-
posed sandstone and shale bedrock, loose stones, and
soils that are shallow to deep over sandstone and shale
bedrock and stony basaltic alluvium. This complex
occurs throughout the survey area. The soils and out-
crops are moderatety steep to very steep. Slope ranges
from 15 to 70 percent.
Torriorthents make up about 45 percent of the com-
plex, Camborthids make up 20 percent, and Rock out-
crop makes up 15 percent. The Torriorthents are on
foothills and mountainsides below Rock outcrop. The
moderately steep Camborthids are on lower toe slopes
and concave open areas on foothills and mountainsides.
Torriorthents are shallow to moderately deep. They
are generally clayey to loamy and contain variable
amounts of gravel, cobbles, and stones. The surface is
normally covered with stones weathered from the higher-
lying Rock outcrop. South of the Colorado River, basaltic
slones and cobbles are on the surface.
Camborthids are shallow to deep. They are generally
clayey to loamy and have slightly more clay in the sub-
soil than in the surface layer. The surface layer is light
colored. The profile is normally free of stones, but scat-
tered basalt stones, cobbles, and sandstone fragments
are on the surface.
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.
lncluded in mapping are small, isolated areas of llde-
fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils.
These intermittent areas make up 10 to 20 percent of
this map unit.
This complex is used for grazing, wildlife habitat, and
recreation.
The stones on the surface and the steep slopes make
this complex unsuitable for crops. Some areas can be
reseeded to pasture by broadcast seeding. Other plant
ing methods are made difficult by the stones and slopes.
The native vegetation includes wheatgrasses, blue-
grasses, Indian ricegrass, needlegrasses, bitterbrush,
mountainmahogany, sagebrush, and an overstory ol
pinyon and juniper.
The value of grazing is fair. The vegetation should be
managed to maintain wood production and limiled graz-
ing. Selectively thinning the pinyon and juniper improves
grazing and provides firewood and posts. Steep slopes,
moderate to severe erosion hazard, and slow regrowth
ol trees affect harvesting and management.
Most of this complex is a prime wintering area for
deer. Babbits, coyote, and a few elk also find food and
cover on this complex.
Building is limited by steep slopes and stoniness.
These limitations can be overcome by appropriate
design and construction.
This comptex is in capability subclass Vlle, nonirrigat'
ed.
OZlTorrlorthents-Flock outcrop complex, steep.
This/6roadly defined unit consists of exposed sandstone
aM shale bedrock and stony soils that are shallow tc
moderately deep over sandstone and shale and ston)
basaltic alluvium. Areas of this complex occur throughou'
the survey area. The soils and outcrops are moderatel)
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 loothills 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 weatherec
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 ol th(
survey area.
lncluded in mapping are small isolated areas of llde
fonso, Lazeat, Ansari, Gaynor, Tridell, and Nihill soils
These intermittent areas make up 10 to 15 percent o
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 tr
crops.
The native vegetation includes wheatgrass, bluegrass
lndian ricegrass, needlegrass, bitterbrush, sagebrusl^
mountainmahogany ancl an overstory of pinyon and juni
per.
The vegetation should be managed to maintain woor
production and limited grazing. Selectively thinning thr
pinyon and juniper improves grazing and provides fire
wood and posts. Steep slopes, moderate to severe erc
sion hazard, and slow regrowth of trees affect harvestin'
and management.
Most of this complex is a prime wintering area fc
deer. Rabbits, coyote, and a few elk also find food an'
cover on this complex.
Community development is limited by the Rock ou1
crop, steep slopes, and stoniness. These limitations ca
be overcome by appropriate design and constructior
This complex is in capability subclass Vlle, nonirrigar
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 lo 7,20
feet. This soil formed in calcareous eolian material. Th
a1
e,
1(
r
ffi
hicc
' Duc eld peyrLlc upon couptctiour l}l$ Laadlirslrfo p.r-ooU -ill bc rddj li tr. froa finr biUiES! TOTAI
'l \I
Ii"ffi;"8:f;i31'rl3i,r
Rr rc or - /J..BJ ocrock p M. FrR e5 l$,.. j39-13-104 (1) (n)
' Rcccprion No i]2.5(j??) Iy\TLDRED AISDoRF, REcoRDER 0'l'rr 511,1i irieS65
DEED OP DTSTNIBUTION
UY
, PERSONAL REPRESENTATIVE
THIS DEED is made by RICilARD A IIANLON as perEonalRepre'entatlve of the Estite ot tnny A. pRxNDERcrrsrl"ilceased,.crantor' to RrcilARD A. rAl.rlolt, ciintee (whethei "". ", more) rwhose address ls camdron_epoii^."1s i206, oig-w.init Lun.,
- WHEREAS, the.above named <lecedent Ln her lifettme madeand executed her Liist, wrrr "na i""t"rent datecr iebiuary zr,1951, whlch Wirl was aufy-aamftt"a t" fo.^ii-fr"ii[. o.ilanuary 6, L982, by the br"trr"t-court In "na'i"i--irre county ofGarfield, and stari of cofoiiJ", ir"U"te No. 82 pR l;
-WI.lEry+S, the Grantee is deterrnlneil to be the person en-titled to dtstribution "i-*," h;;;i;;;;;r';";;riffidr rearproperty, and Grantor rs auUrorlzed ana aliec[;d-t; dlstrrbutethe same to Grantee i
NOW TIIBRBFORE, pursuant to the powera conferrecl uponGranto' by,Artlcle izl s"Jirou"-zir and 907 0f trro cororadoProbate Code, Grantor. sellsr-conreys, aaalgna, tranoforo, and:eleaeaa to Grantee tne ioii"ir"e-;""r property rn GarfleldCounty, Colorador
MLnnie B. CoryelL ln the ioutfiwest "orrr",wLth all appurtenances.
Executed /a r./ JS_, 1982.
conveyed tothereof.
Representative ofthe Estate 6f Uary A. prendergast
Deceased
STATE OF
COUNTY OP
PENNSYLVANIA
PHILADELPHTA
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. The foregoJ.ng instrurnent was acknowledged before me thls
l1& a^y ot .TrtttdnV, 1982, by RrcrrARD A. HANLorr as personal
Representatlve of the Estate of r{trRy A. pRENDERcAsr, Deceased.
ITITNESS my hand and official seal.
'/ jsb
My commlsslon explres:
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