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HomeMy WebLinkAbout1.0 BOCC Staff Report 01.12.1998• • BOCC 1/12/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Del and Toni Whittington LOCATION: A tract of land located in Section 6, T6S, R91W of the 6th P.m.; located approximately two (2) miles east of Silt along County Road 214. SITE DATA: 8.62 Acres WATER: Individual wells SEWER: Individual Sewage Disposal Systems (ISDS) ACCESS: County Roads 214 and 238 EXISTING ZONING: A/R/R/D ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located in District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981; 1984 Plans). II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject tract is 8.62 acres in size, located approximately two (2) miles east of Silt, north of County Road 214. The tract lies at the mouth of a small drainage basin that flows south off of the Grand Hogback. Vegetation is primarily annual and perennial grasses, with sage, juniper and cottonwood trees along the periphery of the tract. The westerly portion of the tract has a primary dwelling and • • accessory dwelling structure, and the easterly po ion is transected with the relocated, County Road 238. See vicinity map, page • • . B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject tract are agricultural and residential. The Bureau of Land Management administers land north of the tract. C. Development Proposal: The applicants propose to subdivide, by exemption, the 8.62 acre tract into two (2) parcels of 6.62 and 2.0 acres each. The larger tract would contain the existing residential structures and other improvements and the smaller tract woul presumably be developed with a single family dwelling. See sketch map, page • $• . III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualifyfor exemption, the parcel as it existed on January 1, 1973, must have been larger than 35 acres in size at that time and not part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, I973;" The exemption request is premised on the relocation of County Road 238 creating an impediment to joint use of the aggregate tract. At the time of completion of this report, old County Road 238 had not been formally vacated, with deeds conveyed for the formal reception of the relocation of the road. Upon completion of these steps, and in the discretion of the Board, an impediment to joint use could be found to exist. B. Zoning: The tract is zoned A/R/RD and both lots are proposed to meet or exceed the two (2.0) acre minimum lot size requirement. C. Water Supply: It appears the applicants are proposing individual wells to serve the existing and proposed parcels. The existing structure is served by a household use only well and application has been madefor a new well to serve the exemption parcel. See permit and application, pages eg • �Q . According to the Division of Water Resources, the application for the new well has been returned, due to insufficient information, specifically, lack of a West Divide Water Conservancy District Contract. �= s • • See letter, page• . . Staff recommends that, prior to any final approval, the applicants receive the appropriate well permit and, if an individual well will be utilized, the well shall be drilled and pump -tested for a duration of four (4) hours. D. Sewer/Soils: The method of wastewater treatment is proposed to be through the use of an individual sewage disposal system. According to the Soil Conservation Service, the soils on-site are classified as Ascalon fine sandy loam and Ildefonso stony loam. When utilized for building site development and ISDS, the constraints range from moderate to severe. Staff recommends the inclusion of a plat note indicating the possibility of engineered building foundations and ISD systems. E. Natural Hazards: Staff has examined the Lincoln-DeVore mapping and other information concerning identified natural hazards. Although the subject tract is not identified as being affected by natural hazards, last summer the same general area was affected by significant flood and debris flow events, which resulted from heavy rains over the drainage basins. The lot configuration that would result from the exemption would require that all development be confined between the eastern side of the road and the eastern property boundary. This would result in placing the residence in the drainage channel and likely in the path of future, debris flow events. If this exemption request is approved, staff recommends a plat note requiring an engineered foundation designed to withstand the hydrodynamic, hydrostatic and buoyant forces associated with a 100 - year flow event. F. Access: Primary access to the site would be via County Road 214, which would intersect with the newly built County Road 238. Access to the exemption parcel would be from County Road 238 and staff recommends that the Road and Bridge Department review this access and issue the appropriate driveway permit, prior to final approval. G. Fire Protection: The Burning Mountains Fire Protection District has submitted a letter confirming the tract is within its service area. The District notes further that response time would be greater due to distance from existing stations. See letter, page • 4 • . Staff suggests the inclusion of the standard plat note addressing wildfire mitigation. H. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. I. School Site Acquisition Fees: The applicant would be required to pay the $200.00 school site acquisition fee, for the creation of the exemption parcels, paid prior to final approval. • • IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION If, in the Board's discretion, the relocation of County Road 238 creates an impediment to joint use, then staff recommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation ditches, access, utilities, etc. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees, for the creation of the exemption parcel, prior to authorization of an exemption plat. 5. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 6. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 7. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted by Garfield County. 8. Prior to final approval the Division of Water Resources shall issue the appropriate well permit, the well shall be drilled and pump -tested for a duration of four (4) hours and an opinion from the person conducting the pump test must be submitted stating the well is capable of supplying adequate water for the proposed uses. If the existing well is to be shared among the lots in the exemption, a well -sharing declaration must also be submitted for review and recordation. All information shall be submitted to the Planning Department for review. 9. The applicant shall consult with the Road and Bridge Department and shall receive any required driveway permits, prior to final approval. 10. That the following plat notes shall be included on the exemption plat: "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owners shall be responsible for the control of noxious weeds." "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "There shall be no more exemptions from definition of subdivision allowed on either parcel created by this approval." • • MAY "Soil conditions on the site -wilt require engineered building foundations and may require engineered septic systems." "Buildings on Lot #2 of this exemption plat are required to have an engineered foundation design submitted at the time of building permit application. All foundations shall be designed to withstand the hydrodynamic, hydrostatic and buoyant forces associated with a 100 -year flood flow event emanating from the upstream drainage basin." w t iii/ 1)6i(,0 C \\J - t1 0 f , O f \15600 p_. i y :eoa�;U 11 tito % \\I J P\ II L26 8LM Boundary Lot 3, Section 6 �2J Sv'S� ?,>� .ate$. ^ Old Right of Way and Proposed Right of Way Coincide in this Area. Moves to Garfield County / 6q.ft. (proposed)3,X1s 0O Z Exist. Travelled Road Surface Cavid W. and Maxine d Moves 2181-062-00-252 1 5 C1 G > J Valton D. and Toni L — Whittington 2181-062-00-044 ` SE1 /4NW1 /4 Section 6 k } Took , I '{L L _ 50.0' 50.0' L13 / Proposed Rood Re—Alignment 1;01' Re'j1,1 5`• Lot 2, Section 6 Whittington to Garfield County 68,490 sq.ft. 1 SW1 /4NE1 /4 Section 6 Exis ing Right of Way Per County Road Map (Fichte k266A County Clerk's Office) NT I „1 Form No. GWS -25 APPLICANT OFFICE OF TIpTATE ENGINEER • COLORADO DI SION OF WATER RESOURCES. 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (3031 866-3581 LR WELL PERMIT NUMBER 2 0 5 4 3 0 - DIV. 5 CNTY. 23 WD 39 DES. BASIN MO Lot: Block: Filing: Subdiv: VALTON D. & TONI L. WHITTINGTON P.O. BOX 161 RIFLE, CO 81650 (970)876-2664 REGISTRATION OF EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 Twp 6 S NW 1/4 Section 6 Rng 91 W 6th P.M. DISTANCES FROM SECTION LINES 1830 Ft. from NORTH Section Line 2946 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 5,000 square feet of home gardens and lawns. 4) The date of first beneficial use, as claimed by the applicant is Summer 1968. NOTE: Parcel Identification Number (PIN): Assessor Tax Schedule Number: Property & Physical Well Address: APPROVED DMW Receipt No. 23-2181-062-00-044 015068 4791 County Road 214 Silt, CO 81652 State Engineer DATE ISSUED OCT 211997 By EXPIRATION DATE A/A &7 L27/qii 1 COLORADO DIVISION OF VER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL*(Note: You may also use this form to apply for livestock watering) • OCT 15 '97 WATER RESOURCES STATE ENGINEER Water Well Permit AA fiTication Must be completed in black ink or tvoed Review instructions prior to completing form 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name orapplicant, k l '{+f 7Ldn q,-�-r f c l 0. �(AJ B /a/ / Gf 1 e y . ,/� � I /) 4(/d}-� See instructions to determine use(s) for which you in one single-family in 1 to 3 single-family may qualify — dwelling to exceed 1 acre: • A. Ordinary household use (NO outside use) Mailing Address T 5 1 f� / ' d , f'1 (D O B. Ordinary household use dwel3(1,-Ms Number of dwellings: Number City State Zip code itj 'e(-0 ( (e, r...0$110 /7 Home garden/lawn irrigation, not area irrigated(o, OJ C) T sq. ft. ■ acre Telephone Number (include area code) Q 7 o _ 8 742 _ 5) c Domestic animal watering -- (non-commercial) farm/ranch/range/pasture) 2. TYPE OF APPLICATION (check applicable box(es)) • C. Livestock watering (on $1 Construct new • Replace existing well well aquifer • Use existing well Use permit) 7. WELL DATA • Change / Increase Maximum p""pi"g rata f" 5 gpm Annual amount to be withdrawn / acre-feet • Change (source) • Reapplicationtexpired • Other: Total depth /OC) feet Aquifer /rr'i ./-0 0D/dr 3. REFER TO (if applicable): Water court case # Permit # 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM [Septic tank / absorption (each field Verbal # -VE- Monitoring hole acknowledgment # MH- • Central system District name: Well name or # / Pe 1') (� W - 5i U(li (9 . C01-4 r^ -q C • Vault to: Location sewage to be hauled 4. LOCATION OF WELL ■ Other (attach copy of engineering design) County 6 64,-4- del Quarter/quarter r7 E Y4 Quarter �1 /.I \ A 14 9. PROPOSED WELL DRILLER (optional) Name 1 - l .--Cl (0 rq -D0 L. ( C ail 5-1, License number Section Township N or S Range E or W Principal Meridian tp Tl. (p ■ (C 9f .1 (l' 10. SIGNATURE of applicant(s) or authorized agent Distance of well from /,3 0 g ft. from section lines ,,,.‘,5 70 ft. from The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. =' N • S 93 E • w Well location address, if different from applicant address (if applicable) For replacement wells only • distance and direction from old well to new well feet direction M`etbean‘,,d.i natu,e f% *,`Y . 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check /' Subdivision: Name Lot no. one of the following - see instructions '7Pier_I.,,La Tide Ci e,eV A%e,' Date /e04/7 Block no. Filing/Unit OPTIONAL INFORMATION U1 Court exemption (alta copyof countyapprovalUSGS ty p &survey) Name/no. %�/)qt/,u� W. /nq 4)1 Tract no. EK e.v> arph map name DWR map no. Surface elev. • Mining claim (afiach copy of �dleed or survey) Office Use Only PRE} I I A Y PREL r USE DIV ;- Name/no. ■ Other (attach legal description to application) C O -2-3 B. STATE PARCEL ID# (optional): C. # acres in tract D. Are you the owner of this property? NO (if no - see detailed inst.) BA YES • EMI this be the only well on this tract? (if other wells are on this tract - see detailed inst.) MD YES • NO /o Form GWS -44 (11/95) SEO-WTR DIV 5 iii303-945-5665 Jan 06• 98 11:16 No.004 P.01 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 1303) 866.3581 FAX (3031866-3589 December 22, 1997 PATRICIA & BRADLEY WHITTINGTON 34488 HIGHWAY 6 & 24 NEW CASTLE CO 81647 Dear Mr. & Mrs. Whittington (;l•.C;�IVEA 0'97 I t-,01000 RE: Receipt #422872A Roy Romer. Covemor James S. Lochheod Executive Director Hal D. Simpson State Engineer The enclosed application Is being returned to you for additional information. Due to the volume of applications received, we have been unable to return this to you before now. I apologize for this delay. In order to properly complete the evaluation of your application, the following information must be provided: • No information has been provided with your application to indicate that you have obtained an augmentation source to offset the withdrawal from the proposed well. From a review of your application (item 3), it appears that you are awaiting approval of a West Divide Water Conservancy District Contract. As of this date, this office has not yet received a copy of an approved contract in your name. Once you receive an approved contract, you may resubmit the enclosed original application with a copy of the signed contract. If you propose another source for augmentation, please provide documentation with your application that describes this. • Please include a copy of the approved exemption resolution, and final plat. If you do not intend to augment the withdrawal from your well, you must indicate in item (6) that you are applying for household use Only. This type of use does not allow for any outside use, Including lawn or garden irrigation, or domestic animal watering. When resubmitting your application and enclosures, please review this letter and use it as a check List to ensure that the items discussed above have been adequately addressed, and clarified. This wilt help expedite the evaluation and processing of a returned application. Please note that any CORRECTIONS to your application must be in BLACK INK, and INITIALED, and DATED. Once a complete application is resubmitted to this office, I will merge it into the applications currently being reviewed. If you have any other questions, please contact this office at 303/866-3587, between 8:00 and 5:00, Monday through Friday. When making inquires, reference this letter and the above receipt number(s). Thank you for your understanding and cooperation. cncl(s) d)'t' 1 '1i Sincerely, Ta . ra L. Cunn gha ourc•. Spec W. ter Su .1 Branch lT . m 456 Post -It' Fax Note7671 cele/,/'4_ % ao II, / t." • •G /l?c t�.2/14 r<� ll Frorw,, (re !✓4(. illi 4 e 4c. C rt,, 6G a 47,3 7,1-1,e,_Co.�/A 'Phone ..r t - it—,f, -tA. - «! ri(� Phon0 4 94r _ s--6 6 r Fax e ! _` / 3 .7 7 s Fax a o • p 0 • • • Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe Montover Norm Brown Tom Voight Gordon Witzke Don Zordel - Chief Stu Cerise - Assist. Chief October 25, 1997 SUBJECT:Whittington Exemption TO WHOM it MAY CONCERN: This is to inform you that the property owned by Valton D. and Toni L. Whittington a tract of land in Lot 3 and the SE1/4 NW 1/4, Section 6 T6S, R91W of the 6th P.M. is within the Burning Mountains FPD. And we do provide fire protection to same. It should be noted that response time will be longer due to the distance from the stations. THANK YOU: Ze Donald `s. Zorde Burning Mountai s F Whittington SB -35 1/12/97 The applicant's tract is 8.6 acres in size, located north of county road 214, approximately two miles east of silt. The tract is at the mouth of a small drainage basin that drains a portion of the grand hogback and vegetation across the tract consists of pasture grasses, sage, juniper and cottonwoods. The tract has an existing single family dwelling and an accessory structure, located on the westerly portion of the site, and the easterly portion is crossed by the newly relocated county road 238. Adjacent land uses are generally residential and agricultural. The applicant is proposing to subdivide the tract, by exemption, creating 2 parcels of approx. 6.6 and 2 acres each. The existing structures would be located on the larger tract and the smaller tract would be developed with a single family dwelling. This exemption is based on the relocation of county road 238, creating an impediment to joint use of the entire tract. Subject to acceptance of deeds for the relocated county road, this exemption request would be validated and, in the discretion of the Board, this exemption could be approved. In terms of zoning, the tract is within the A/R/RD zone district and both proposed parcels would be in compliance with the minimum lot size requirement. The water supply would be derived from individual wells that would serve the individual parcels. The existing structure is served by a permitted, household use only well; and application has been made for a well to serve the exemption parcel. I have discussed the status of this application with the division of water resources, who confirms the application has been returned for lack of a west divide water contract. I would recommend that any approval be conditioned on the applicant receiving the appropriate well permit, with the well being drilled and pump -tested, prior to final approval of an exemption plat. Wastewater would be treated by individual sewage disposal systems and, according to the soil conservation service, soils fall into two classifications. Both soils, when utilized for building site development and ISD systems, have constraints that vary from moderate to severe. Staff would recommend the inclusion of a plat note identifying these constraints. In terms of natural hazards, I have visited the property and reviewed the Lincoln-DeVore maps and other information and neither tract is identified as having moderate or severe hazards. However, this same general area was subject to significant flooding and debris flows, last summer, which resulted from heavy rains. Due to this, I have concern for building site development on the easterly lot, as a drainage channel exists between the new county road and the easterly property boundary. I would recommend that if this petition is approved, a condition be attached that an engineer evaluate the site and if the building site would be affected by the drainage channel, then foundations be engineered to withstand the specific forces attributable to a 100 -year flood. Access to the exemption parcel would be from new county road 238, north of its intersection with county road 214. Outside of the drainage problems, I see no additional issues; however, I • • recommend road and bridge evaluate the access and, if necessary, issue the appropriate driveway permit. The application contains confirmation from the burning mountain fire protection district, that the tract is within its service area, yet response time would be slow, due to the distance from a fire station. Staff recommends the inclusion of the standard plat note addressing wildfire mitigation. Finally, if approved, staff recommends that a final plat identify all easements and that the school site acquisition fee of $200 be collected, prior to final plat. Based on this analysis, and if the Board finds that the relocated county road creates an impediment to joint use, then staff recommends approval, subject to the listed conditions. "Building sites on Lot #2 of this exemption plat are required to have an engineering evaluation relative to the on-site drainage channel. If a flood hazard is found to exist then an engineered foundation design must be submitted at the time of building permit application. All foundations shall be designed to withstand the hydrodynamic, hydrostatic and buoyant forces associated with a 100 - year flood flow event emanating from the upstream drainage basin." Recorded at Oillitk 111111 11111 111111 1111 MI 11A11111 HIDED 519086 01/13/1998 02:37P B1050 P38 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Reception No. QUIT CLAIM DEED \ch THIS DEED, made this day of `'); DQ.r- 1997, between DAVID W. MAVES and MAXINE J. MAVES, as tenants in common, whose legal address is: 1873 L Road, Fruita, Colorado 81521, of the County of Mesa and State of Colorado, Grantors, and BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, whose legal address is: 109 Eighth Street, Suite 300, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, Grantee, WITNESSETH, That the Grantors, for and in consideration of the sum of TEN DOLLARS AND NO CENTS ($10.00), and other consideration, the receipt and sufficiency of which is hereby acknowledged has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, all the right, title, interest, claim and demand which the Grantors have in and to 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 LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantors, either in law or in equity, to the only proper use and benefit of the Grantee,its successors and assigns, subject to the following: None • • 111111 11111 111111 111111 11111 1111 111111 111 11111 11111111 519086 01/13/1998 02:37P 81050 P39 M ALSDORF 2 of 4 R 0.00 0 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal the day and year first above written. e':(Alz-f)L1 .744Ca-fre-' DAVID W. MAVES 2*Ire 7/2 INE J. MAVES STATE OF COLORADO } ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me in the -Gar County of field-, State of Colorado, on this the jt- day of 1Je�.1z,c.� -@c-ter, 1997, by David W. Maves. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: 1,1,0/77 0 . , -AA.N& C 'i to kA Notary Public PeLA Address of Notary Page 2 of 3 STATE OF COLORADO ) ss. COUNTY OF GARFIELD 1111111 nisi ni01uiin mi umi ui nui iui uu 519086 01/13/1998 02:37P B1050 P40 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO The foregoing instrument was acknowledged before me in the County 661�,, of fa State of Colorado, on this the day of .Oe .4241 1997, by Maxine J. Mayes. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: (Ld/0), k4!1 Jam) Notary Public Address of Notary Page 3 of 3 r • GARFIELD COUNTY SURVEYOR'S OFFICE EXHIBIT "A" TO QUIT CLAIM DEED PROPERTY DESCRIPTION RIGHT OF WAY FOR COUNTY ROAD #238 HAVES TO GARFIELD COUNTY A TRACT OF LAND TO BE USED FOR PURPOSES OF COUNTY ROAD RIGHT OF WAY, SAID TRACT OF LAND BEING SIXTY FEET IN WIDTH, THE PERIMETER OF WHICH IS DESCRIBED AS FOLLOWS, SAID TRACT OF LAND BEING SITUATED IN LOT 3 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UPON A CALCULATED BEARING OF N.44°40'50"W. BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST SECTION CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. MONUMENTATION FOUND AT BOTH LOCATIONS WERE BLM STANDARD MONUMENTS.) BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 425 AT PAGE 288 OF THE RECORDS OF SAID COUNTY FROM WHICH THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. BEARS N.37°51'15"W. 1123.77 FEET, SAID SOUTHWEST CORNER BEING A BLM STANDARD MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY BOUNDARY LINE N.88°50'48"E. 30.17 FEET; THEN CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.54°22'52"E. 45.31 FEET; THEN DEPARTING SAID BOUNDARY LINE AND ALONG THE EASTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING FOUR COURSES: 1) 40.31 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 126.45 FEET, A CENTRAL ANGLE OF 18°15'52" AND A CHORD WHICH BEARS N.22°23'45"W. 40.14 FEET; 2) N.31°31'41"W. 347.85 FEET; 3) N.28°57'00"W. 541.13 FEET; 4) N.41°52'O0"W. 142.20 FEET TO THE NORTH LINE OF SAID LOT 3; THEN ALONG SAID NORTH LINE N.89°59'00"W. 80.59 FEET; THEN DEPARTING SAID NORTH LINE AND ALONG THE WESTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING THREE COURSES: 1) S.4i°52'00"E. 189.22 FEET; 2) 5.28°57'00"E. 535.69 FEET; 3) S.31°31'41"E. 325.96 FEET TO SAID NORTHERLY LINE AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 425 AT PAGE 288; THEN ALONG SAID NORTHERLY LINE N.88°50'48"E. 11.59 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY CONTAINS 63,201 SQUARE FEET OR 1.45 ACRES AS DESCRIBED. 96104MAV.DOC - 26/APRIL/1997 111111111111111111111111111111111111111111111111111 II11 519086 01/13/1998 02:37P 61050 P41 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 ^,0)945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 21C Glenwood Springs. CO 8160' PH: (970) 928-8233 FAX: (970) 945-856:. Recorded at o•k Reception No. m 111111111111111111 MEE 11111 111 11111 1II 1111 519087 01/13/1998 02:42P 81050 P42 M ALSDORF 1 of 4 R 0.00 0 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS DEED, made this 3 day of 1997, between VALTON D. WHITTINGTON and TONI L. WHITTINGTON, as tenants in common, whose legal address is: 4791 County Road 214, Silt, Colorado 81652, of the County of Garfield and State of Colorado, Grantors, and BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, whose legal address is: 109 Eighth Street, Suite 300, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, Grantee, WITNESSETH, That the Grantors, for and in consideration of the sum of TEN DOLLARS AND NO CENTS ($10.00), and other consideration, the receipt and sufficiency of which is hereby acknowledged has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns, all the right, title, interest, claim and demand which the Grantors have in and to 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 LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A". TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantors, either in law or in equity, to the only proper use and benefit of the Grantee, its successors and assigns, subject to the following: Property transferred herein shall be utilized for public road purposes and is transferred for that use. tl i 1 111111 11111 111111 11 131 111 11111 11111111 519087 01/13/1998 02:42P 81050 P43 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal the day and year first above written. VALTON D. WHITTINGTON TONI L. WHITTINGTON STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, on this the /25' • day of November, 1997, by Valton D. Whittington. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: V. 0 IA wBt C• -2- Page 2 of 3 1111111111111111111111111111111111111111111111111111 519087 01/13/1998 02:42P B1050 P44 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me in the County of Garfield, State of Colorado, on this the /_,3) day of November, 1997, by Toni L. Whittington. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: (-i -z Notary _P'ubVic Address 444N terry Page 3 of 3 • • GARFIELD COUNTY SURVEYOR'S OFFICE PROPERTY DESCRIPTION RIGHT OF WAY FOR COUNTY ROAD #238 WHITTINGTON TO GARFIELD COUNTY EXHIBIT "A" TO QUIT CLAIM DEED A TRACT OF LAND TO BE USED FOR PURPOSES OF COUNTY ROAD RIGHT OF WAY, SAID TRACT OF LAND BEING FIFTY FEET IN WIDTH, THE PERIMETER OF WHICH IS DESCRIBED AS FOLLOWS, SAID TRACT OF LAND BEING SITUATED IN LOT 3 AND THE SE1/4NW1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UPON A CALCULATED BEARING OF N.44°40'50"W. BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST SECTION CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. MONUMENTATION FOUND AT BOTH LOCATIONS WERE BLM STANDARD MONUMENTS.) BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 425 AT PAGE 288 OF THE RECORDS OF SAID COUNTY FROM WHICH THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. BEARS N.37°51'15"W. 1123.77 FEET, SAID SOUTHWEST CORNER BEING A BLM STANDARD MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY BOUNDARY LINE N.88°50'48"E. 30.17 FEET; THEN CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.54°22'52"E. 45.31 FEET; THEN DEPARTING SAID BOUNDARY LINE AND ALONG THE EASTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING TWELVE COURSES: 1) 17.28 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 126.45 FEET, A CENTRAL ANGLE OF 07'49'53" AND A CHORD WHICH BEARS S.09°20'52"E. 17.27 FEET; 2) S.05°25'56"E. 36.96 FEET; 3) S.00°52'18"W. 95.34 FEET; 4) S.10'55'06"W. 81.30 FEET; 5) 5.02'39'34"W. 85.10 FEET; 6) S.06°29'44"W. 157.13 FEET; 7) 86.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 324.40 FEET, A CENTRAL ANGLE OF 1.5_"18:410 AND- A- CHORD- WHICH BEARS 3,14'09-'0811C 86-.44 FEET;- 8-) S.21'48 -'32"W. 133-.04- FEET; 33-.04FEET; 9) 5.21°42'08"W. 123.38 FEET; 10) 5.25'05'47"W. 39.48 FEET; 11) S.25'54'07"W. 134.51 FEET; 12) 5.06'05'08"E. 371.09 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY OF COUNTY ROAD #214 AS CONSTRUCTED AND IN PLACE; THEN ALONG SAID NORTHERLY RIGHT OF WAY N.63'09'42"W. 59.57 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 425 AT PAGE 288; THEN ALONG SAID WESTERLY LINE N.06°05'08"W. 353.05 FEET; THEN DEPARTING SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THE RIGHT OF WAY HEREIN DESCRIBED THE FOLLOWING TWELVE COURSES: 1) N.25'54'07"E. 148.49 FEET; 2) N.25'05'47"E. 37.65 FEET; 3) N.21°42'08"E. 121.94 FEET; 4) N.21°48'32"E. 133.09 FEET; 5) 73.34 FEET ALONG THE ARC OF A CURVE TO LEFT HAVING A RADIUS OF 274.40 FEET, A CENTRAL ANGLE OF 15'18'48" AND A CHORD WHICH BEARS N.14'09'08"E. 73.12 FEET; 6) N.06'29'44"E. 155.46 FEET; 7) N.02'39'34"E. 87.04 FEET; 8) N.10'55'06"E. 80.51 FEET; 9) N.00'52'18"E. 88.20 FEET; 10) N.05'25'56"W. 34.20 FEET; 11) 34.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 76.45 FEET, A CENTRAL ANGLE OF 26'05'45" AND A CHORD WHICH BEARS N.18'28149"W. 34.52 FEET 12) N.31'31'41"W. 17.38 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY CONTAINS 68,490 SQUARE FEET OR 1.57 ACRES AS DESCRIBED. 9610-4WHr.DOC - Rev. 03/MAY/1997 11111111E1111111111111111111111111111111111 III 1111 519087 01/13/1998 02:42P 81050 P45 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO -81601- (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 SEO-WTR DIV 5 TEL:303-945-5665 Jan 06 98 11 16 No.004 P.01 • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 866-3589 December 22, 1997 PATRICIA & BRADLEY WL ITT NGTON 34488 HIGHWAY 6 & 24 NEW CASTLE CO 81647 Dear Mr. & Mrs. Whittington ITCSIVED (i '97 F rx3u 9 �.1 Ks�vuo RE: Receipt #422872A Roy Ranier Covemor lames S. Lochhead Executive Director Hal 0. Simpson State Engineer The enclosed application is being returned to you for additional information. Due to the volume of applications received, we have been unable to return this to you before now. I apologize for this delay. In order to properly complete the evaluation of your application, the following information must be provided: • No information has been provided with your application to indicate that you have obtained an augmentation source to offset the withdrawal from the proposed well. From a review of your application (item 3), it appears that you are awaiting approval of a West Divide Water Conservancy District Contract. As of this date, this office has not yet received a copy of an approved contract in your name. Once you receive an approved contract, you may resubmit the enclosed original application with a copy of the signed contract If you propose another source for augmentation, please provide documentation with your application that describes this. • Please include a copy of the approved exemption resolution, and final plat. If you do not intend to augment the withdrawal from your well, you must indicate in item (6) that you are applying for household use only. This type of use does not allow for any outside use, including lawn or garden irrigation, or domestic animal watering. When resubmitting your application and enclosures, please review this letter and use it as a checklist to ensure that the items discussed above have been adequately addressed, and clarified. This will help expedite the evaluation and processing of a returned application. Please note that any CORRECTIONS to your application must be in BLACK INK, and INITIALED, and DATED. Once a complete application is resubmitted to this office, I will merge it into the applications currently being reviewed. If you have any other questions, please contact this office at 303/866-3587, between 8:00 and 5:00, Monday through Friday. When making inquires, reference this letter and the above receipt number(s). Thank you for your understanding and cooperation. 0 cncl(s) Sincerely, ra L. Cunn gha ours - Spec W < ter Su I BranchLT m 456 Post -It' Fax Note 7671 Date/f,6�f7 8�8► / r /�• 4 /" C �4lIt,-S 3, Fr01D7wr ; 41< 4,-.4 - Ze 4 e 4 /1 I(/ C tap/^ tr O /., 4'4" !� '✓/ C✓a r�f. /� CO. A SA. � leJ Phone a PfOno x 9 //fir - s.-6 ‘ r Fax * Q //s, ` /3 7 ' Fax n • 101. • BEFORE TI -IE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 2:20.49, the undersigned `1�,u, Grp i. respectfully petitions the Board of County Commissioners of Garfield County, Col ado, to exempt by Resolution the division of A#u • 43.-q acre tract of land into a_ Te -tic tracts of approximately ,( r,re7-5 .2.4cRes ..n � r-4-er€44aacres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: $ ,?eke /peri /N /77/ e ,4 dee,/ a-25 ©64a'ne,QLL F®r' cz �.. Q4.40ij f e / 7 a•e_ -es 7L /•;t) /99,A • 71117s 7 �C'reg ✓T /UiJT .Q L 4 4 nem -N�/ �4'. Lr-ec �i�.q a ., / /li joed4n-) 7''c, cDO1 ' f SUBMITTALREQUIREiMENTS: 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 f 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; and 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; and 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 parcel existed as described on January 1, 1973 or the parcel as it exists presently is not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioner Mailing Address e.010. 81 6 5-a City State 176 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair1 f defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations; the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State of Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the pubic right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and • • D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity,and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons per minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreetnent which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of a cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage itnprovements; and H. Fire protection has been approved by the appropriate fire district; and 1. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land itnmediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and nor more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. At or within fifieen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in written resolution. An applicant denied exemption shall follow the subdivision procedures in these Regulations. • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELI) COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield Cou ty, C�olora' o ,adopted April 23, 1984, Section 2:20.49, the undersigned rcz rh • ' � respectfully petitions the Board of County Commissioners County, Colorado, to exempt by Resolution the division of ,4 Y. 6 . acre tract of land into tracts of approximately >1' 77-ac7-1, C <R,/4ereg a-vc, 7- •; )444aacres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: A dee.✓ CeA€es / - •2f (2-e re 771ze;r r /97/ . '1 See03--.d etet,est 'W'eS f /'J tvQ s .?J.e-c, E7 y c /je Lesrc��" /�� . >`irl / r2-1-4, a ii— 7tr) Zcs..,�' 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 f 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; and 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; and 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 parcel existed as described on January I , 1973 or the parcel as it exists presently is not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. (/cam /ton 0 A.u.a, Petitioner %n ti j L , LPJI , ft7•1 oit 7p‘), _Box /6 / Mailing Address RiF/e (, / (9, /<s -a City State 77 -Z(cc 5L Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impaiAf defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations; the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State of Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the pubic right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973, will .count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and • • • • D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity,and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons per minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed Tots; 5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of a cistern, the tank shall be a minimum of 1000 gallons. F. Method of sewage disposal, and a letter of approval of the lire protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200,00 for each lot created). PROCEDURES A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. if the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Conunissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and nor more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in written resolution. An applicant denied exemption shall follow the subdivision procedures in these Regulations. • • GARFIELD COUNTY Building and Planning Department 30 December, 1997 Mr. Del Whittington P.O. Box 161 Rifle, CO 81650 RE: Continuance of the Pending Subdivision Exemption Dear Del, This letter shall memorialize our discussion today concerning the continuance in your pending subdivision exemption application. As we discussed, Garfield County has not formally vacated old County Road 238 and taken deed to the new County Road 238 right-of-way. Since this has not yet formally occurred, it is my interpretation that your petition for subdivision exemption, based on the "impediment to joint use" argument, cannot yet be considered by the Board of County Commissioners. After discussing with the County Attorney the timing of the events that must occur, we are in agreement that your scheduled public meeting in this matter should be continued until the county can formally vacate and take title to the right-of-way. You and I have discussed the timing of the events and you have agreed that, upon determination of sufficient notice, the public meeting will be continued to January 12, at approximately 11:00 a.m. Preceding this continued meeting will be the formal vacation decision, concerning old County Road 238. You may attend the scheduled, January 5 meeting when the continuance will be requested, or you may send the Planning Department a letter acknowledging your consent to the continuance, or both. If you have any questions concerning these events or the timing thereof, please do not hesitate to contact this office. Thank you for your understanding. Sincerely, 12- Le__ Eric D. McCafferty Senior Planner xc: Don DeFord, County Attorney 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 sagaa�441. wiiBoPaALSwoaY cttw c 8 !2In 3 AFF1PAv1? RE: gOUNfA$Y I.INP ADJUSTMENT the undt r:;igne a tants being irst sworn upon thereof, tiertU:e. and ntnte as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit 'A• which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be therefore, that Garfield County will +lot be requited to issue permits, other than what it would be requited to issue for existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivisittn of record. 5. We hereby represent that the boundary line reference to herein will not cause the loss of access utilities, to any parcel of property involved. 6. We hereby represent that a copy of this Affidavit with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYE 11 DOME this -r? Say of , 1+•..x•1, , 1! NOTE: The full legal names of the Affiants should be typist oc pi�A max; beneath each signature line. STATE OF COLORADO CO!NTY OF GARFIELD )ss The foregoing document was subscribed and sworn to before me in the County of Catfield, State of Colorado t is a.t day olifi.....„ • 19f.... by 11644Ja, 2z.. and C.4.4. L My Commission Expires: /e N.31-1yr iT 8 +tigi LECAL DL c mP77oN A frect of Ione, 'Ivo?. ay tot 3 and the St1/4NW1/4 I Section 6, ro.nsh.o 6 Srwtn, Pongee 9, Rist of the 6th P.M: being Met pelmet of land described at Book 423 of Pogo 288 together weft portions of those tracts of Ione drsenbed An *0* 393 et Pogo 370 end Boo* 369 of Pop 462 said erect being MOM porticos,* described es babes~ Beginning oto point ,in on existing fence .Men . m. Se/4 tomer of Section 34, towns,* S South Rome 91 wrest of the 6M P.M boons N 671415' E 2031.27 /fret thence song suis fence Arne s 01:1607. E 151.73 feet: thence S 002J'06' E 17a 67 feet thence S 170'58'4 7' M 104.118 feet thence Spf'07V4' E 12573 feet 7. e point on the eeSf10/ boundary of thee prove of described in Book 529 of Pogo 374 Bronco Moog sod b041n401, Aire S 55'16'38' W 68.74 feet thence S 7174.16 W 43.25 het thence S 29'47'09' W 12.87 Bret there S 277974' A .19.24 feet thence S 37.46.40' W 8349 feet thence S 14.41.46' W 12577 feet thence S 2701'30' w 71840 feet thence S 0.71,5 39" E 161.35 feet thence S 1705'30' E 259.27 fleet to OS North** , It -of - weep of County Road 214; thence 14.5.31 het Meng the a r of a esv to the left herein g a rods of 200 Net and o antral tangle of 4001'33' the chord of which bears N 6709'42' W 142.37 :est thence N oros't ' W 341:72 Net thence S 89'5634' W 112.42 feet thence N .22'22'55" E 11905 feet thence N / 776'4? W 287.78 feet thence N 19'S028" W 783.22 feet thence N 1978'33' E 72580 het tlM+ot N 4706108' E 140.22 feet thence N t4'.1512. E 216�� 0W thence N 88'50'48' E 204.40 feet thence S ►•S2" E 119.61 feet to the point of bei containing 1.II acree more or lees. • Book 425 Page 288 Recorded at 1' J o'clock � t• M., Dec o rab e r 1 1971 )49 Ella Ot cph' Recorder. C., 0 Reception No J { THIS DEED, Made this 10 day of December 19 71, between WALTER E. CASTLE and ALICE A. CASTLE of the County of Garfield , State of Colorado, of the first part, and VALTON D. WHITTINGTON and TONI L. WHITTINGTON, as Joint Tenants of the County of Garfield and State of Colorado, of the second part : WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations to the said part iesf the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in jointtenancy, all the the right, title, interest, claim and demand which the said part ies of the first part ha ve in and to 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 Lot 3 and SE4NW1/4 of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, said parcel is described as follows: Beginning at a point in said Lot 3, whence the South a Corner of Section 34, Township 5 South, Range 91 West of the Sixth Principal Meridian bears: N. 61°49'20" E. 2388.44 feet; thence S. 11°28'27" W. 360.60 feet; thence S. 85°49'20" W. 77.15 feet; thence N. 03°48'44" W. 292.84 feet; thence N. 46°59'20" E. 140.09 feet; thence S. 66°22'40" E. 71.72 feet to the point of beginning. Recorder's Stamp TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WIIEREOF, The said part iesof the first part ha ve hereunto set hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the presence of ALTER E. CASTLE L LX ALICE A. CASTLE STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this 10 19 77_...; b ."" alt',r i:. Castle an dice r.. Castle 7 commissio>lt expires June la 7 1' • 72 C‘jU\ WTTNESC my:hand and official seal. ss. their day of T)ecember [SEAL] [SEAL] [SEAL] Notary Public. No. 962. QUIT CLAIM DEED.—To Joint Tenants.—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -6-71 XL Recorded at 1% o'clock Reception No 431442 QUIT CLAIM DEED Record THIS DEED, Made this 5317 day of u uJ , 19 `j.2.....„ between WALTER E. CASTLE and ALICE A. CASrLr; of the *County of Garfield Colorado, grantor(s), and and State of VALTON D. H I PT ING PON and roNT L. WHTTTINGTON, as Joint Tenants whose legal address is 4791 C t y. Rd. 214, Silt of the County of Garfield GOOK S23 P4GE152 GARetELDB1 92 FE ee Doc F'oo and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha ve remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: 1. See Article 1, attached for legal description 2. Together with 1 share of water from The Roseman Ditch also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha executed this deed on the date set forth above. WALTER E. CASTLE ALICE A. CASTLE STATE OF COLORADO, J County of t ss. 1 The foregoing instrument was acknowledged before me this day of !-_ by My commission; expires /d -� �, , 19 y Y Witness my hand and official seal. *If in Denver, insert "City and." Notary Pu P is No. 933. Rev. 4-91. QUITCLAIM DEED Bradford Publishing, 1743 Wazee St.. Denver, CO 80202 — (303) 292-2500 — 9-91 COLORADO DIVISION OF WATTSOURCES DEPARTMENT OF NATURAL REWURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL* (Note: You may also use this form to apply for livestock watering) Review instructions prior to completing form OCT• 15 '97 WATER RESOURCES STATE ENGINEER Water Well Permit cA#'jiication Milct he completed in black ink or tvned 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of/p�pplipant ,) I f[ T2 --7`'r f c )0. W ! 1 I, [ r 1 hld �'1 B /Y� GY 12 �( Lt W � 14J IT 1 it q( h Mailing Address 3q4-18"3 N w `f - State City ' V W cp!-' //// S� L ( Zip code Telephone Number (include area code) q 70 - 876-579,3 2. TYPE OF APPLICATION (check applicable boxles)) See instructions to determine uses) for which you may qualify -- O A. Ordinary household use in one single-family dwelling (NO outside use) Q B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: Home garden/lawn irrigation, not to exceed 1 acre: area irrigated 67 Odc) Ed -sq. ft. 0 acre (Domestic animal watering -- (non-commercial) O C. Livestock watering (on farm/ranch/range/pasture) SI Construct new well ❑ Replace existing well O Change (source) aquifer ❑ Other: ❑ Use existing well ❑ Change / Increase Use ❑ Reapplication(expired permit) 7. WELL DATA Maximum pumping rate /6 gpm Annual amount to be withdrawn acre-feet 3. REFER TO (if applicable): Total depth ion) feet Aquifer I rr'b Id c20/6r Water court case # Permit # 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM Verbal # -VE- Monitoring hole acknowledgment # MH - Well name or # Pet- 1,4 ()..)e -A 4. LOCATION OF WELL ['Septic tank / absorption leach field O Central system District name: ❑ Vault Location sewage to be hauled to: ❑ Other (attach copy of engineering design) County Quarter/quarter E '/4 Quarter �JW tr4 9. PROPOSED WELL DRILLER (optional) Section Township N or S (o ❑ re' Range E or W 91 ❑r�' Principal Meridian T1, Name I rho + C e ii St, License number 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines 1,30g ft. from ®N El Q 7e3 ft. from 55E❑ W Well location address, if different from applicant address (if applicable) For replacement wells only - distance and direction from old well to new well feet direction The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check one of the following - see instructions /' Subdivision: Name Title Oru.ve_,� Lot no. Block no. Filing/Unit EirCounty exemption (attafcopy of county approval & survey) Name/no. f.nc//N 14,I// 7o Tract no. Ex uOh O Mining claim (affach copy of �deeed or survey) Name/no. O Other (attach legal description to application) OPTIONAL INFORMATION Date / 2/ //'7 USGS map tame DWR map no. Surface elev. B. STATE PARCEL ID# (optional): C. # acres in tract D. Are you the owner of this property? YES 0 NO (if no - see detailed inst.) E. VA this be the only well on this tract? 131i1YES 0 NO (if other wells are on this tract - see detailed inst.) Office Use Only DIV PRELIMINARY co 23 Suhoect to Revlslnn. WD 3 BA USE MD Form GWS -44 (11/95) 4-101 • • Contract of Water Well Agreement I, Valton D. and Toni L. Whittington tenants in common convey 1/3 interest in a water well to Bradley W. Whittington. Location: A tract of land in lot 3 and the SE% NW%, section 6 T6S, R 91W of the 6th P.M. in Garfield County Colorado. I, Bradley W. Whittington agree to the usage of this well by Valton D. and Toni L. Whittington. The water from this well is used for household purposes located on a tract of land located east of the county road where the well is located. Once a well is drilled the 1/3 interest will be conveyed back to Valton D. And Toni L. Whittington. ✓>> ,s / sery • • Done this day of , 1997 Valton D. Whittington Toni L. Whittington Bradley W. Whittington State of Colorado: County of Garfield: The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this day of , 1997 by and My Commission Expires: Notary Public Address Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LR WELL PERMIT NUMBER 2 0 5 4 3 0 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: VALTON D. & TONI L. WHITTINGTON P.O. BOX 161 RIFLE, CO 81650 (970)876-2664 REGISTRATION OF EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 Twp 6 S NW 1/4 Section 6 Rng 91 W 6th P.M. DISTANCES FROM SECTION LINES 1830 Ft. from NORTH Section Line 2946 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 5,000 square feet of home gardens and (awns. 4) The date of first beneficial use, as claimed by the applicant is Summer 1968. NOTE: Parcel Identification Number (PIN): Assessor Tax Schedule Number: Property & Physical Well Address: APPROVED DMW Receipt No. 23-2181-062-00-044 015068 4791 County Road 214 Silt, CO 81652 State EngineerBy DATE ISSUED OCT 2 1997 EXPIRATION DATE 4'A • • Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe Montover Norm Brown Tom Voight Gordon Witzke Don Zordel - Chief Stu Cerise - Assist. Chief October 25, 1997 SUBJECT:Whittington Exemption TO WHOM it MAY CONCERN: This is to inform you that the property owned by Valton D. and Toni L. Whittington a tract of land in Lot 3 and the SEI/4 NW1/4, Section 6 T6S, R91W of the 6th P.M. is within the Burning Mountains FPD. And we do provide fire protection to same. It should be noted that response time will be longer due to the distance from the stations. THANK YOU: Dontld L. Zorde ief Burning Mountai s F it/(1,-/-a_74 t/ - 7/1/5 Xei)-1,T/o 1.T 7-4 c u/ -P "I -1(7-e/ of „5 -""ss l <<c05'7 7 .6)1e.ei`1 s Eje�- 4 //e7", 74P X12 7/7=�