HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned
respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of acre tract of land into tracts of approximately _
acres 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:
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 of 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;
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.
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 of 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 one of 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.
7- _; /
Petitioner
J92.L - 30.Y RD
Mailing Address
PAi'/ie,4 i'TA � j lid, g/615-
City
1G1sCity State
it
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 impair or 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 the 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, and is 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 or Federal highway, County road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, 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;
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; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of Development/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
B. The Planning Division 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 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 Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (3)) 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 a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
• 1
(9"")
stio P
O
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C›- V'N
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n•vl•od 1001
1ULU11NUu l_LFti. .kJri.... A .,..
IIEPOIAT NE MONUMENT ONLY ON TIAs FOIIM
/CI'IIWI ION OF TIIIS FOIIM IS AUTIIOIUIZED.
All items to be filled in by the Land Surveyor using permanent black lettering and lines whicn be reproduced.
1.
TYPE OF MONUMENTII Section Corner I]Benchmark
(Check one) ® ❑ Quarter Corner ❑ Other
/
(Except)*
2. DESCRIPTION OF MONUMENT FOUND.
Fund /983 3.4.44. c //7 Cap /4 otoa.tc 0/' Sfv,+er al ear/edyY o;l'o/d c/,1 r'oc,,d.
/ave- dote/dee 8" k 12"x21 ~ w,vu>EcAer o., IS rider arc/ i%. �►rr1i�.,1
3. DESCRIPTION OF MONUMENT ESTABLISHED 1!Y YOU TO PERPETUATE TILE LOCATION 0F
TIIIS POINT./+
measua
red io pfa 'ile cap" 4.r. #4043 r,.'led 1/u Ytnce Posfr ar show" 6e/o,✓
4. SKETCH SHOWING RELATIVF, LOCATION OF MONUMENT ACCESSORIES AND REFERENCE
POINTS STATING WHETHER FOUND Olt SET. SHOW SUPPORTING AND/OR CONTRADICTORY
EVIDENCE WHERE APPLICABLE.
n0, /f SCCie
o/d oir,11 road
Date of Field Work Oi-/9.9
5. CERTIFICATION
This is to certify that I was in responsible charge of the surveying work described in this record and that
to the best of my knowledge the information presented herein is true and carr ,c1.
44\51E 1718/9,,
q% ilactr
Date
*(Do not fill i .s
Accepted for hilinl
State Board of Registration for Professional
Engineer and Land Survey()
13y
Date
FEB 2 1989
RECEIVED AT OFFICE OF TILE COUNTY CLERK;
• /2
COUNTY
• By.
Date,A'14)'CZ /9 cF'9
Record to be filed by Index Reference Number,
numerically. then alphabetically, under appro-
priate Township, Range. and Meridian.
D• perlrn•n,.I fl.0uloinrr AO.nrle• rlA 1, LAND f.Il0YLY011 .'. UOAII D.
PROTCSS1ONA. ENGINEERS AND 1'1:OFESSJU
0001 Sia• Ser ele•. lurldrn0. 1313 SA.rrn•n Sleet. Deneer. Cnlnurdo 10103
Lure4.4.4.4.4.444
�'Ijo••.+ eH �r/r•.I �..i J Cv u..0
amc: >'9�
'"303 Z4 3 - C.o` �
. LOCATION DIAGRAM
1" 3 1 Mile
7,7
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•
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1-2C3 1843° �,•
N = `�;`
SUiV
�N�.� q,' 1��0
Surveyor's Scal
• = Location of
Monument
7. SLC. 17 . T 7S , It 35_k_.. (Q >4 P.M.
COUNTY G re INDEX REF.
T , R _ P.M.
U. SEC. '
COUNTY INDEX REF. NO.
1
Recorded at
Reception No.
411/
'% o clock nT. MAY 0 4 1990
412294
TI IIS DEED, Made this
WARRANTY DEED
4th day of MAY
19 90 between
SUSAN E. MCLANE
of the • County of
MESA
and State of
Colorado, grantor, and
ALVIN R. WINTER AND GLADYS A. WINTER
AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP,
whose legal address is 0116 ROSEWOOD WAY, PARACHUTE, CO 81635
of the Counlyof C,ARFIELD and Stale of Colorado, grantee:
WmNCSSETTI, That the grantor for and in consideration of the sum of
...SIXTY THREE THOUSAND FIVE HUNDRED AND NO/100"' DOLLARS,
the receipt and sufficiency of which Is hereby acknowledged, has granted. bargained, sold and conveyed. and by Mese presents does grant, bargain, sal
convey and confirm, unto the grantee, his heirs and assigns lower. all Me real property together with Improvements, H any, situate, lying and being in Me
County of GARFIELD and State of Colorado de scribed as follows:
Ec;.'r 778- orA49
GARILD
r1AY 0 4 1990
.Lisle L, cyFeoi
s to'
TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M.
Section 17: NE1/4NE1/4
TOGETHER WITH any and all water and water rights, ditchs and ditch rights of way
appurtenant to subject property; Title to which is NOT included in the warranties
contained herein, including but not limited to:
830.3 Shares of stock in the Battlement Water Supply Company;
35 feet of water per minute of time out of the Shutt Ditch under Priority No. 80
AND 35 feet of water per minute of time out of the Shutt Ditch under Priority
No. 100, and the First Enlargement thereof; all located in Water District No. 45.
as known by sheet and number as: 0926 — 308 ROAD, PARACHUTE, CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or In anywise appertaining. and the reversion and
reversions, remainder and remainders. rents, Issues and profits thereof, and *II the estate. right, title, Interest. claim and demand whatsoever o1 1M
grentor, either in law a equity, of. in, and to the above bargeined premises, with the hereditaments and appud•nanees.
70 HAVE AND TO HOLD 1M said premises above bargained and described. with the appurtenances, unto the grantee, his heirs and assigns
forever. And the grantor, for himself. his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee. his heirs and
assigns, that a1 the time of the •nsealing and delivery o1 these presents. he is well seized of the premises above conveyed, hu good, sure. peeled, absoh
and indeleasible estate o1 in herilance, in law. In lee simple. and hes good right, lull power and lawful authority to grant, bargain, sell and convey the same
in manner and form as aforesaid, and that the same are free and dear bolo all former and other grants, bargains, sales, liens, lues assessment:
encumbiences and reslridions of whatever kind or nature soever, except general taxes and assessments for the
year 1990 and subsequent years, U. S. Patent reservations, easements, rights of
way and restrictions, of record
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee.
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pad thereof. The singular number shall include the plural
the plum' the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF. the grenkor has aacutgd this deed on the dere set lodh above.'�J.....�
—, z_C/ y12 .,.c� / c-.r.(�77 ..J ate. c. Ll «... aJ r .
� CI M
Zelda Mae Montoya as attorney in Fact
for Susan E. McLane
STATE orCOLORADO
u.
County of GARFIELD
Tltc foregoing instrument was acknowledged before rete this 4th day of HAY, 1990 17A ,
by Zelda Mae Montoya as attorney in fact for Susan E. HcLane.
My commissionexpires 04/29/94
ROSE
: •
NARIE •:
STANEK
a �•
e •
25? K L/
(>7\42,ns,t:u2
Witness my hand and official seal.
Nolary Public
400 7th Street South Suite 1000
RIFLE, COLORADO
ti:+• R.*Milai":141% rowans o.e-
" Sock 376 Page 3
rt•e.......rti.w. 26 w.r...1raY..........._.aa1..66.t3-3fl 1.r�Ps
•-•►1... 2)1.802 Chas. S. Keecan
f: Peb, Mala w.
tarxoane.
26th d.T .t Hcy fa t. rear .( ear trod'
one thoe.and (doe lundr.d awl sixty-six Wanes
ARTHUR L. He LANE
.f th. County •f Cnr f to Id and State of Csi.r.de, .( the Arlt part. sad
AHTIIUR L. McLA`:E and SUSAN E. McLAKE
M the County of t:ar f f c 1 d • and that. td C.i.rado, of tl.nomad tarts
•
1i'itn.w.ey lt, That LA. .rid party of the Ana part. for and la asa.lderetion of the ram e(
TLE DOLLARS AND tiT11F•R C4k1D AND \'ALl'AA1l: CO::SIDERAT107:S IDOLIA91Ar
} to ths... d part v of the And part in hand paid by the said parties of the rrcoad tart, tl. receipt '.boric.( ft
hereby ron(e..nl end ✓ knoe-1n:tr•.1, 1,. granted, hargain.d, old and r•n.r).,.L and by th.ro presr•ta do es
giant, h.•rgool. srII, r ry .n.1 cutolirm onto th, said p•rti.aa of t)r ..•...rel part, cot in tenancy 171 eorarnon but in
Joint teonnry, 11,. wn•ivtr of them, their awig'. and the Lean and a•wigr. of pooch ..n'rr.r forreer, all the folio+irlt
1e.rrih.•4 lot a or p.rrol . of land. situate, Irina .sad Ld.R la the C.....ly of tsar field
as•II :kat,
.4 C.dor.do. to -sett: i •
t The SW!.SE!. of Sec • 9, the ;N:I.:L: and the 1:';.S.1:1 of Sec --lb--and 4.4e NE'_l:t:I: of
f Sec ' 17.- all- in Tp,- 7. 5... X,. 95>;.e,.6th P.1., together with all ditch and ditch
4 r1 hlr:, v:rlvr anal tnrcrright*. tided thereon and in 0,111,•0.1.,n tht•rcwfth, includ-
ing, Int not IIr-1ted thorehy, 835 stares of the E,.,tticm.•nt Water Supply Company
E rind the right repro.entt•d thereby., Together with any and all im+provt•nent.
situate tht•roon.
Also conveys a strip of 1.nd GO deet in width situated in the Sttn_S£!, Sec. 9,
Tp. 7 S., R. '35 W., 6t1 1,H„ being 30 feet on either .1J, of•tt:c following dc-
acrlbrd 1 hoc: 1Srginnine. at a point on the Neat llnc o1 St:.Sl:_ *.lienee the
South cht:tricr C.+ruer ••i said Sot. 9 hear.: S. 255.b (toet; thence N. 514.O4' E.
51 (toot: thu•n, 1 S. 0'22' r. 178.65 feet; thence 0.41' V. 'n45.d feet; thenen
1:• ' l2' F. 347.1( feet;
{
I.
1
T.t.lb.r with all and singular the herealitwm.nir aid ■pport.•na..rer (9.-r••le b.:ontin••, .r la an)-ori.e. wry.,••
mei el l)e rrven,nn an.4 reserri•.n.• r....winl.r .nmwain'.l r.winiet., rent% issues and beet.•(; end afl tl..
.•Iain. right, title. int••..+1, 014.1,1 and .km.rd .-An1.eieeer ..f the said port v of the fir,* (.art, either is tale or
study..d. in ...rl In 1+•. rl. •+-. Lnr,,. nod pe.•.ni.e-. rolh ole 1..n1•t:•o.r•nl • r n•I •1•Iw,'t•nnr.ue•..
. T. Oa... and 1. )told 110. 'AM pn•mi..•s nl.o. '...g...n•.t and .4.-r.i.-I. add. the appy n. r 1..- . unln 11. twe.t
I ani.( .•1 lite .•..n.1 pair:, the wn'n••r ..( *lain, tl••.r •.-- • wnl V. t.-.:. •..1 a.•ic,..•f .urb •un -,s... 7.-+..•i,
Anl tir..aid p.rl t" .•f 11. f.r,l part, for L ir,oel l • h •n.l n.lmi,,i•, n1••n, Ar e•
r fl...t. gr,nl, 1•arxa•n a..1 4c r..• In std r ill tt.r aril pnf1 lr. of Ile' wI Lwn, t1e aur.1. or .1 them, t)wr ar •., ...
anal lir 1.. '.r, n..l n•.:c n. of .w h .un.'. -r. that .I 1., lin.. of 11. r,•• .Log ,.n1 O. Lr.r)- .d I1•.•.. ore•••{•, In -
the i •rrn.i•••, .l.nr cnn.r)e•1, a• .•f ,.-•I. run., perfect, o4 .4.,. wn.i ,r.,kf.n.il:c roto*..,t mot nt:a.•.•,
in I.r. in foe .ir.pl.. •tel 4a .-I richt. full Ma•r sort I..rfol .•rthrnly 14 trent. lorta.r,...tl .nl e.ntey
the .nnv in main r nnl (.•,m wf..,...ol, an•I 11.41 Ile .o. me one f,.•. .tui (lora (turn •Il r....., .,.•I other gents.,
Iwrg..in., sale•• tun., I...., •..v+meant. •nl irvu,nhnnr•r•n of rotors,' kind or .,nturr saw rr,
•n.1 14....4.no Ian ryain.-1 prr.n1 r. in 11. ... ire ..l rear.al.L rs..r....i..n n( 11. x..:.1 port.. of Ito rr.•n.I P,4.1%.*
.uni.•.•t .•f 17.n.. IM•., ......en, ant 11. h..,and n••Irn...( ..vL :•un,.o., ag..u..l all nnl r+rey prn-•n .•r 1••r -,I,
Inrfully •Lantine •.r t.. (I:.im the .. M.l. or an. I.:.t thee...(. the .ad port y - n1 I1.. Gr,4 part (Hal .n.I •.I4
\1'Alilt 1`:T ANI. t11Hli\1'lt I4:F?:N4'.
In wi,n... wi..rv.r• The soul port % of tot Grit tun Aa•.
rood rust the day and )oar Grit a1.w•..written-
Sign..l, Senl..l bel Delivered in th. 1'mo-see of
(STATE OF Vit111RAflf .
goody •( I:•.rI ie1J
ar\n..oleired ...ell.* :‘,1 11
•b�•
Arthur L. .`k Laine.
•
Wein... my hand anal ..twirl
Ily ro•.mL.aloa expires.
Irrwnt...rl his
.try of
TTr f,.n•g.•ine in.ltv,nvd .a.
1.• rat'
;.uly.27I'- .
Notary Y1a►bt
*If HIM is •416.1 r 1...,•.r.tr1.. ••••••r. 1•.oA raw .r/ rtes ems.• or u...w•Id or/ .•n ..ate w ole.
W7 -Mt.. WAaaarITT ►a1<a TO auIXT TICKAIr7a-Oar Woo 1ht.Y...../ Premie* r1..• Oa.r/. a..,. C. . .
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ApfRox, I a AcRes
WINTER EXEMPTION
SKETCH PLAN
40
7-0
82
E
N
1
1
VACANT
PUD (BATTLEMENT MESA)
AGRICULTURAL
MIEXEMPTION PARCEL WINTER EXEMPTION
EXISTdNG LAND USE
SCALE 1" = 600'
•
0
TOWN OF PARACHUTE
< EXEMPTION PARCEL.
�o,o.
48
•
•
18
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; I::ll61111 41i,
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SCALE = 1" = 2000'
WINTER EXEMPTION
VICINITY MAP