Loading...
HomeMy WebLinkAbout1.0 ApplicationRICHARD D. LAMM Governor C.J. KUIPER State Engi neer DIVISION OF WATER RESOURCES Department of Natural Resources 1 31 3 Sherman Street - Room 81 8 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 (* hr--_^___-___. :)r\ r Apn s tsTs tl tAtit.rtq. ur, ,, :J April 6, 1979 GA,i,,,.., ,1.r..?lttt Mr. Ray Baldwin, Director Garfield County Plannint Department 2014 B1ake Avenue Glenwood Springs, CO 8160I Re: Williams ExemPtion Dear Mr- Baldwin: We have reviewed the material submitted for the above referenced exemption application. The developer proposes to use wells for the water supply which would intercept ground water tributary to Canyon Creek at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of the Williams Exemption. Very truIy yours,ic\ ilM Dr.Jeris A. Danielson puty State Engineer IADIGDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman BEF0RE 1,.* B0ARD 0F C0UNTY C0i'I|4ISSICNERS utF GARFI ELD COUN-I-Y , COLORADO PETiTIOI\I FOR EXEI'1P IION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a)-(a) as amended, and the Subdivision Regulations of Garfield County, Cclorado, adopted September 1, 19tZ and amendeci April 14, 1975, Section 1.02.L7 (d) and 3.02.01 the under- si gned Williams Trust respec'Lfu11y petiti ons the Board ColoraCo, to exempt by resolution of County Commissioners of Garfield County, the division ofa 100 acre tract of 63.3 acres , LL.7L resPectivelY, tracts of approximately acres, and 4.99 acres ,Q&f.*xI and i n'to iil3re or 1ess, and which tract to be subdivided is more particularly described as fol I ols : (leqal description - attach separate sheet if additional sDace js required) For legal des_cgiption of entire parcel, see Exhibit A g!!eg!9ql9f9!o. froni the definitions of "subdivision" and "subd'ivision land" as the t'errns are used and defiried in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield Couniy Subdiv'ision Reglulations, for the reasons stated belovt: See statement attached hereto as Exhibit D. In support of this petition the petit'ioner also submits the followino: (a) Map drar.rn to scale shovrinc proposed lot subdivision and access. See Exhibit E. (b) Vicinity Map. see Exhibit F.(c) Statement on source of dornestic water. See Exhibit o.(d) Statement on method of selage disposal.See Exhibit D. (e) 100 year flooriolain information where live stream crosses or adjoins said tract. Inspected by(f) Fee in the amount of $ 67.00 Ray Baldwin. vEi Submitted at Glenwood Springs, Colorado, this '" : da1 wif f i-amJ . {-- .4 ust L t -'L -<---t---* _jj:--rt Zimmerman and The Colorado National Bank of Denver, P.O. Drawer 400 Trustees-X-aITmilaZ.agt Glenwood Sprinqs, CO 94s-6521 of 2iuu_.*b , tg? tl 1egaI description of parcels sought to be exempted and co:nvgyef see Exhibits B and C attached hereto. -Telephone Numfer 816-q1__ Exhibit A A parcel of land containing 100 acres, more or less, iD fownshi-p 5 South, Range 90 West, of the Sixth Principal Meridian, in the County of Garfie1d, State of Colorado, more particularly described as follows, to-wit: PARCEL I - Section 252 W%SWk and SEkSWk lying easterly of Canon Creek, PARCEL II Section 36:(a) NWk tying easterly of canon creek, ExcEPT that portion of said NWL lying loutherly of the former County Highway, which highway also formerly constituted the State Highway, and that poition ot said NW% ;ituate wit,hin the River View Subdivision iccording to the amended plat thereof recorded in the office of the Clerk and Recorder of said county as Doc. No - 24L679, (b) A parcel of land sit,uate in the ELNWkT lying northerly of the northerly right-of-way of the Interstate 70 Access Road, being more particularly described as follows: Beginning at the Northwest Corner of said Section 36, a rock found in place; thence S. 44"23'05" E. 2018.42 feet to a point on said northerly right-of-wayi thence N. 87"31rOO" E. 388.84 feet along said right-of-way to the "True" point of beginning; thence leaving said right-of-way, N. 04"42'38" W. 110.98 feet; thence N. B1oO7'13" w. 5.89 feet; thence N- 07o40'47" W. 222'18 feet; thence N. 69"23'36" E. 210.15 feet; thence S. O5ol4'16" E. 399.16 feet to a point on said right-of- way; thence S. 87031rOO" W. 188.70 feet along said right-of-way to the "True" point of beginning, EXCEPT any portion thereof situate within that certain property described in a deed recorded in the office of the Clerk and Recorder of said county as Doc. No. 2745831 TOGETHER WITH any and all easements, rights-of-way, ditches and water rights belonging to, used upon or in connection with the lands above described inctuding, but without limitation, all of the Wolverton Mesa Ditch No. 101 wit.h Priority No. 169 and L.4 c.f.s. therefrom and L5/L5B interest in the Johnson Ditch No. B2D from Canon Creek with Priority No. I43D and 8/L00 c.f.s. therefrom, but EXCEPT and SUBJECT TO 1978 general property taxes, U.S. Patent reservations and exceptions, prior oi1, gas and other mineral reservations and exceptj-ons of record in the office of the Clerk and Recorder of said county, dnY and al1 easements and rights-of-way of a public or pri-vate nature, planning - zoning - building and other governmental rules and regulations, that certain iistern and easement reservation set forth in a deed recorded in said office as Doc. No. 209087 and the terms and conditions of that certain Agreement recorded in said office as Doc. l'{o. 287 389 , a EXHIBIT IICII A parcel of land situated in the SWLSW% and SEhSW\, of Section 25 and in the NlrNWk of Section 36 , Township 5 South, Rangie 90 West of the Sixth Principal Meridian, lying Easterly ofthe Canyon Creek centerline; said parcel of land is describedas follows: Beginning at the Northwest corner of said Section 36, a 1" x B" x 6" Red SandsLone found in place, thence S. 85o33'48" E. L373.32 feet to a rebar and cap in place, the "True" pointof beginning; thence N. 00o36'16" W. 945.89 feet to a rebar and cap in place; thence S. TBol-0 r 50" W. 157.99 feet to said Canyon Creek centerline; thence S. 09o18r05" E. 22.85 feet along said centerline; thence S. 04o08'06" W. 424.03 feet along said centerline,' thence S. 23"38'42" W. 180.64 feet along said centerline; thence S. 18o27'32" W. 82.82 feetalong said centerline; thence S. 00o58'43" W. 50.08 feet along said centerline; thence S. 25o58'48" E. 96.95 feet along said centerline; thence S. 35"39'26" E. 82.1I feetalong said centerline; thence leaving said centerline S. 86031'08" E. 209.07 feet to a rebar and cap in place, thetrue point of beginning, containing 4.99 acres, more orless. Reserving to grantors an easement or right-of-way to be usedas a roadway for ingress and egress over and across the above described real estate consisting of a strip of land 15feet in width on either side of a centerline commencing withthe northerly end of thaL centerline of that certain easementor right-of-way for roadway purposes hereafter described and extending northerly therefrom to the northerly boundary lineof the above described real estate, said centerline to beestablished by grantors, without interfering with the improve- ments on such property or the access thereto. Together with an easement or right of way to be used as a roadway for ingress and egress over and across a strip ofIand, situate in the WLNWA, Sectj-on 36, Township 5 South, Range 90 West of the Sixth Principal Meridian, lying northerlyof the northerly right-of-way of the Interstate 70 frontageroad, being 15 feet in width on either side of the following descri-bed centerline : Beginning at the Northwest Corner of said Section 36, a rock found in place, thence S. 85"33r48" E. \373.32 feet to arebar and cap in place; thence N. 86031'08" W. 123.L9 feetto a point on said centerline, the "True" point of beginning;thence, the followingi courses along said centerline, 147.97feet along a curve to the right, having a radius 203.00 feet and chord to the right, having a radius 203.00 feet and chord which bears S. 17"55'06" E. L44.72 feet; thence S.02"57'49" W.154.49 feet; thence 87.13 feet along a curve tothe left, having a radius 1058.52 feet and chord which bearsS. 00o36'19" W. 87.11 feet; thence I31.37 feet along a curveto the right, having a radius 261.59 feet and chord whichbears S. 12 o 38' 04 " W. 130. 00 feet,. thence 104. 06 feet alonga curve to the left, having a radius 281.31 feet and chord which bears S. 16"25|29" W. 103.47 feet; thence S. 05o49'39"W. 65.14 feet; thence 90.57 feet along a curve to the left,having a radius 314.51 feet and chord which bears S. 02025'21"E. 90.26 feet; thence S. L0"40'22" E. 143.03 feet; thence 138.95 feet along a curve to the right, having a radius 740.24 feet and chord which bears S. L7"42'40" W. 133.34 feet; thence 93.13 feet along a curve to the Ieft, having a radius 84.24 feet, and chord which bears S. 14o25r33" W. 88.46 feet; thence S. 17"L4'4L" E. 28.62 feeL; thence 131.51 feet along a curve to the right, having a radius 105.44 feet and chord which bears S. 18"29'I0" W. 123.15 feet; thence S. 54oI3'01" W. 44.63 feet; thence 62.77 feet along a curve to the left, having a radius 120.00 feet and chord which bears S. 39"13'51" W. 62.06 feet; thence S. 24"L4'42" W. to a point on said norLherly right-of-way. Reserving to grantors the right to change the location of such roadway easement Over and across grantOrsr property at any time and in such manner and to such extent as they may determine. Atso together with a total of .097 cubic feet of water per second of time in the Johnson Ditch No. 82D, of which .0I5 c.f.s. is Priority No. 143D dated May 21, I8B9 and .082 c.f.s. is Priority No. 260 dated May 10, 1950. EXHIBIT IIBII A parcel of land situated in the W}5SW\ of Section 25, Township 5 South, Rangre 90 West of the Sixth Principal Meridian, lying Easterly of the Canyon Creek centerline, Southerly of the East-West centerline of said Section 25 and Westerly of the Easterly tine of said W\Swr4; said parcel of land is described as follows: Beginning at the Southwest corner of said Section 25, a 1" x 8" x 6" Red Sandstone found in place; thence N. 56o10t21" E. 1450.10 feet to a point in the center of said creeki thence N. 78o10'50" E. to a point on the Easterly line of said W\SW\; thence Northerly along the Easterly line of said WL4SWLa, dS taken from Government Land Office Plats, to the Northerly line of said W|SWL, thence leaving said Easterly line, Westerly along the Northerly line of said w\Sw\r os taken from Government Land Office Plats to said Canyon Creek centerlinei thence leaving said Northerly line S. 16"59'39" E. 80.00 feet, more or less, along said Creek centerlj-ne; thence S. 27oLB'55" E. L65.76 feet along said centerline; thence S. 22"20'20" W. L76.98 feet along said centerline; thence S. 04"59'02" W. 270.22 feet along said centerline; thence S. 04o59'02" W. 20.66 feet along said centerline; thence S. 24"04'47" E. 405.48 feet along said centerline; thence S. 14"L7'L2" W. 127.03 feet along said centerline; thence S. 03"33'39" E. L6L.52 feet along said centerline; thence S. 21-o4I'43" E. 218.73 feet along said centerline; thence S. 09o18'05" E. 180.37 feet along said centerline to the true point of beginning, containing 11.71 acres, more or less. Together with an easement or right of way to be used as a roadway for ingress and egress over and across a strip of Iand, situate in the !'ILltIWk, Section 36, Township 5 South, Range 90 West of the Sixth Principal lr{eridian, lying northerly of the northerly right-of-way of the Interstate 70 frontage road, being 15 feet in width on either side of the following described centerline: Beginning at the l{orthwest Corner of said Section 36, a rock found in place, thence S. 85"33'48" E. L373.32 feet to a rebar and cap in place; thence N. 86o31'0B" W. 123.L9 feet to a point on said centerline, the "True" point of beginning; thencer the following courses along said centerline, :-.47.97 feet along a curve to the right, having a radius 203.00 feet and chord to the right, having a radius 203.00 feet and chord which bears S. 17o55'06" E. 144.72 feet; thence S. 02"57'49" W.154.49 feet; thence 87.13 feet along a curve to the left, having a radius 1058.52 feet and chord which bears S. 00o36'19'n W. 87.11 feet; thence 13I.37 feet along a curve to the right, having a radius 261.59 feet and chord which bears S. 12o38'04" W. I30.00 feet; thence 104.06 feet along a curve to the left, having a radius 281.31 feet and chord which bears S. 16025'29" W. 103.47 feet; thence S. 05o49'39" W. 65.14 feet; thence 90.57 feet along a curve to the left, having a radius 314.5I feet and chord which bears S. 02"25'2L" E. 90.26 feet; thence S. L0"40t22" E.143.03 feet; thence 138.95 feet along a curve to the right., having a radius L40.24 feet and chord which bears S. 17"42'40" W. 133.34 feet; thence 93.13 feet along a curve to the left, having a radius 84.24 feet, and chord which bears S. L4o25'33" W. 88.46 feet; thence S. l-7o\4'4L" E. 28.62 feet; thence 131.51 feet along a curve to the right, having a radius 105.44 feet and chord which bears S. 18o29'10" W. 123.15 feet; thence S. 54oL3'01" W. 44.63 feet; thence 62.77 feet along a curve to the left, having a radius 120.00 feet and chord which bears S. 39o13'51" W. 62.06 feet; thence s. 24014'42" w. to apoint on said northerly right.-of-way. Reserving to grantors the right to change the location of such roadway easement over and across grantors' property at any time and in such manner and to such extent as they may determine. Also together with an easement or right-of-way commencing at the northerly point of the above described centerline and extending over and across a strip of land 15 feet in width on either side of the centerline as reserved to grantors and described in a Trustees' Deed to Eric C. Williams. Also together with a total of .033 cubic feet of water per second of time in the Johnson Ditch No. 82D, of which -005 c.f.s. is Priority No. L43D dated May 21-, tBB9 and -028 c.f.s. is Priority No. 260 dated May 10, 1950. EXHIBIT IIAII IN THE COUNTY OF GARFIELD AI{D STATE OF COLORADO: A parcel of land situated in the SWkSW% and SE%SW\ of Section 25 and in the N%NW\ of Section 36, Township 5 South, Range 90 West of the Sixth Princi-pa1 .Meridian, lying Easterly of the Canyon Creek centerline; said parcel of land is described as follows: Beginning at the Northwest corner of said Section 36, a I" x 8" x 5" Red Sandstone found in place, thence S. 85o33148" E. 1373.32 feet to a rebar and cap in pIace, the fiTrue" point of beginning; thence N. 00o36r16" W. 945.89 feet to a rebar and cap in place; thence S. 78oI0'50" W. L57.99 feet to said Canyon Creek centerline; thence S. 09"18 r 05rr E. 22.85 feet along said centerline; thence S. 04"08'06" W. 424.03 feet along said centerline; thence S. 23o38'42". W. 180.64 feet along said centerline; thence S. L8"27'32" W. 82.82 feet along said centerline; thence S. 00"58'43" W. 50.08 feet along said centerline; thence S. 25o58r48" E. 96.95 feetalong said centerline; thence S. 35"39'26" E. 82.11 feet along said centerline; thence leaving said centerline S. 85"31'08" E. 209.07 feet to a rebar and cap in pIace, thetrue point of beginning, containing 4.99 acres, more or less. Reserving to grantors an easement or right-of-way to be used as a roadway for ingress and egress over and across the above described real estate consisting of a strip of land 15feet in width on either side of a centerline commencing withthe northerly end of that centerline of that certain easementor right-of-way for roadway purposes hereafter described and extending northerly therefrom to the northerly boundary lineof the above described real estate, said centerline to beestablished by grantors, without interfering with the improve- ments on such property or the access thereto. Together with an easement or right of way to be used as aroadway for ingress and egress over and across a strip ofIand, situate in the WlrNWk, Section 36, Township 5'South, Range 90 West of the Sixth Principal Meridian, lying northerlyof the northerly right-of-way of the Interstate 70 frontageroad, being 15 feet in width on either side of the followingdescribed centerline: Beginning at the Northwest corner of said. section 36, a rockfound in place, thence S. 85033'48" E. 1373.32 feet to arebar and cap in place; thence N. 86031'08" W. L23.Lg feetto a point on said centerline, the "True" point of beginning;thence, the followingl courses along said centerline, 147.97feet along a curve to the right, having a radius 2o3.oo feetand chord to the right which bears S. 17o55r06', E. L44.72feet; thence S. 02057'49" W. 154.49 feet; thence 87.13 feetalong a curve to the 1eft, having a radius 1058.52 feet andchord which bears S. 00"36'19" W. 87.1I feet; thence I31.37feet along a curve to the right, having a radius z6L.5g feetand chord which bears S. 12o38'04" W. I30.00 feet; thence104.06 feet along a curve to the Ieft, having a radius281.31 feet and chord which bears S. l6oT5t29" W. 103.47feet; thence S. 05"49'39" W. 65.14 feet; thence 90.57 feetalong a curve to the left, having a radius 3r4.5r feet andchord which bears S. 02o2512l-" E. 90.26 feet; thence S. I0o40t22" E. 143.03 feet; thence 138.95 feet along a curveto the right, having a radius L40.24 feet and chord whichbears S. L7"42'40" W. 133.34 feet; thence 93.13 feet along acurve to the left, having a radius 84.24 feet, and chordwhich bears S. 14"25'33" W. 88.46 feet; thence S. 17ol4'41"E. 28.62 feet; thence 131.51 feet along a curve to theright, having a radius 105.44 feet and chord which bears S.L8o29'10" W. I23.15 feet; thence S. 54"I3|OIu W. 44.63 feet;thence 62.77 feet along a curve to the left, having a radius120.00 feet and chord which bears S. 39o13'5Ix W. 62.06feet; thence S. 24oL4t 42" W. to a point on said northerlyright-of-way. Reserving to grantors the right to change the location ofsuch roadway easement over and across grantors' property atany time and in such manner and to such extent as they maydetermine. Arso together with a totar of .097 cubic feet of water per second of time in the Johnson Ditch No. B2D, of which .Ol5c.f.s. is Priority No. l43D dated May 21, 1889 and.OB2c.f.s. is Priority tto. 260 dated May I0, 1950. Exhibit P STATEMENTS IN SUPPORT OF APPLICATION The proposed division of land is not a part, of any existing or potential l-and development project. The Williams Trust has owned the land for a number of years, and Eric Williams, a beneficiary of the trust, has lived on the 4.99-acre parcel, which he now wishes to purchase, for some time. This parcel includes a single existing residence, which he has inhabited, equipped with lights, heat, telephone, water, and septic system. The heating system relies upon a propane tank, and the water presently in use is derived from a well on the property. In addition to this source of water, certain rights to water from the Johnson Ditch No. 82D will be conveyed with this parcel of land for domestic and irrigation purposesr Ers set out in Exhibit C. Access to the 4.99-acre parcel will be by easement over the private roadway currently in place and in use, as shou/n on the map attached as Exhibit E. Ji1I Wi11iams, Eric's sister and also a benefj-ciary of the williams Trust, wj-shes to purchase an lL.7r-acre parcel from the Trust. This parcel lies northerly of the 4.99-acre parcel and contains only one building site. Miss Williams has no j.mmediate plans to build. When and if she does, however, she anticipates using either propane or solar heating, a septic tank, and a wel1, and connecting up to electricity and telephone over a distance of 300-400 feet to the present poIe. fn addition, thi-s parcer wil-l also have certain water rights for domestic and irrigat,ion purposes out of the Johnson Ditch No . B2Dr Ers set out in Exhibit B. Access will be by easement over the private roadway currently j-n place and in user ds shown on the map attached as Exhibit E, and across Eric's property to her property line as the roadway shal-l be extended along a line to be estab- lished by the grantors. (See reservation in Exhibit C.)