Loading...
HomeMy WebLinkAbout1.0 Application"/ e, ,/ s. G. H. I. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GATT'IELD COUNTY, COLORADO PETITION trOR F\IFMPTION Sketch map at a minimum scale of l "=200' showing the legal description of the property, dimension and area of all lots or separate interests to becreated, access to a public right-of-way, and any proposed easements lor drainage, irrigation, access or utilities; Vicinity map at a minimum scale of l"=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. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 leet of the proposed exernption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants ol any structure proposed lor conversion; and Evidence olthe soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, metho<l of sewage disposal, and letter of approval of hre proiection plan lrom appropriate hre district; and- If connection to a community of municipal water or sewer system is proposed, a letter from the governirg body stating a willingness to serve; and Narrative explaining why exemption is being requested; and 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. A $300.00 lee must be submitted with the application. Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garheld County, Colorado, adopted Aptil 23, 1984 Section 2:20-49, the undersigned 1-/ ,rz lt 5, ,? ,51'" nspectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the divisio rt of 3.1oG acre tract of land fio 3 tracts of approximately - Z-rcoo\r,z{tp ^h'til"rohf more or less, from the dehnitions of "subdivision" and "subdivided land" as the terms are used and deflrned in C.R.S. (1973) Section 30-28-l0l (10) (a) - (d) and the Garheld County Subdivision Regulations for the reasons stated below: cc A DD|tt)urt SUBMITTAL REQUIREMENTS: An application which satishes the review criteria must be submitted with all the following information: tre D. J. Mailins Address' 'E/i,"))J- spn,*;s , G Cityq6- {225 Teleohone Number-+--) r;#- L/-( State A. FXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division ofland 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 olthe 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. No more than a total of four (4) Iots, 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 l, 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 beconsidered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; All Garheld County zoning requirements will be met; and 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 Provision has been made for an adequate sour@ of water in terms of both the legal and physical quality; quantity and dependability, and a suitable type of sewage disposal to serye each proposed lot; and All state and local environmental health and safety requirements have been met or are in the process of being met; and Provision has been made for any required road or storm drainage improvements; and Fire protection has been approved by the appropriate hre district; and '\ Anynecessarydrainage,irrigationoffiavebeenobtainedorareinthe process of being obtained; and r'- - ---"/ School fees, taxes and special assessments have been paid. (The School tmpact 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. C. D. E. F. G. H. B. C. ThePlanning Division shall review theexemption request forcompleteness withineight (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. 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 ancl shall present proof of mailing at the meeting. At or within hlteen (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. D. IE3'I"h,{e,lcvnei | 44; Coc Fte SrrDD,tt/ LOnr CNJN 5 ffi By: ** o-cL or* P.n. DEC 2 3 1992 HILORED AL SDORF T COUNTY CLERI( IYAI?&UVTT DEED TIIIS DEED, Made this |lg day of i) o1-q .-1p61 L\r,nt S5O nnrfig4 G,'\i..:'ir-r.D Stiito Dnc. f:eo s-Jl e* Ilr[ 2 i iir.;1993, between- r' !r SEVEN $EAS EQLIITIES, INC., a Florlda corporation of the County of Garfield and State of Colorado, grantor, and SLINLIGHT INN & REALff LIIIITED LIABILITY CO., a Colorado Llmited Ltability Company, whose legal ad,iress is fi252 B".oad 117, Glenwood Sprinp, CO 81601, County of Garfieid, State of Colorado, glantee: WITNESSETIf, That the grantor for and in consideration of the sum of Ten Dollars ($l-0.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, -unto the grantee, its suCcessors and assigns forever, all the real property together with improvements, if any, situate, lyingand being in the Counby of Garfield, State of Colorado, described as follows: As described on Exhibit'4" attached hereto. SEVEN SEAS EQUITIES, INC., a Florida corporation 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 all the estate, right, title, interest, claim and demand whatsoever, of the grantor, either in law or in equiby, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IH\IE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor for itself, its assigns and successors in interest, does covenant, grant, bargain, and agree to and with the glantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well ssi?ed of the premises above conveyed, has good, sure, perfect, absolute and indefensible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, arid that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever except general property taxes for the year 1992 and subsequent;years, and subject to easements, rights-of-way, restrictions, reservations, covenants and agreements of record, or in existence, if any. The grantor shall and wiII WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part the-reof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. () I I (tv ,-0001( EsO PAct695 STATE OF FLORIDA ) couNTY oF 'INELLA' i tt' Z\ The foregoing instrument was acknowledged before me this .2/ day ofNl,Ct*nfua-. r 199&by Don L. Seatonipresident of Seven-ffi''Eqtiities,@iion.--- Witness my hand and notarial seal on My commission expires: 4? aC, I a/ rl t, Erir t50 rr';i6[]G on tlre southerlY right 155.35 feet; W. 341.98 feet; A tract of land situated in the sw1/4Nw1/4 and the l'lw1 /Aswll4 of Section 33, Township ? Soutlr, Range 89 Wesb of the 6Lh P'H" Iying southerly of the southerly riglrL of way lirre of a public road as construcbed and in place, eaid parcel of land described as follows: Beginning at a point whence the section corner common to sectsions 27, 28, 33 and 34 in said township and range beare: N. 64 degrees 5?'OO" E. 5286.10 feet; thence S. 36 degrees 27' 10" E. 5O-OO feet; thence S. 69 degrees 30'20" E. 88.00 feet; thence N. 66 degrees 53'30" E. 1O5.OO feet; thence S. 83 degrees 59'00" E. 215.0O feeb; thence S. 27 degreee 30'00" E. 65.00 feet; thence N. ?3 degrees 59'43" E. 18?-27 feeL to a point of way line of said countY road; thence along eaid county road S. 58 degrees 33'34" E' thence departing eaid counby road S- 19 degreee 27'26" thence N. 55 degrees 4O'19" E. 25O.62 feet; thence N. 52 degrees O4'07" w. 749.46 feeti thence N. 71 degrees 25'23" w. 67.09 feet; thence N. 79 degreee 44' 09" W. 99.37 feeLi tlrence N.58 deqrees 55'00" W. 100.97 feeL; thence N. 2? degrees 51'05" W' 45'67 feet; thence N. 56 degrees 13'38" vl' 61'35 feet; thence N. 3? degrees 30'20" l^J ' 30 ' 93 f eet; thence N.18 degrees 16',43" E. 40.46 feeb to the point of beginning' ALSO DESCRIBED AS: LOT 2 SUNLIGHT INN EXE}IPTION According to the Plat recorded April 7, 1988 as Recepbion l{o. 390977. COUNTY OF GARTIELD STATE OF COLORADO ii REcoRDED -AJ leq o'cLocx.i Ei " i"' " d4ziqgy Hr L c rro 5i loo op,Ft Ei,flrlpg?L E RK tJUr\ EsO rru [il3C GAFFTET-D Sta; Dcrc. Feo $ /gs_ DEC 23 B;2 1993, between WARRANTT DEED TIIIS DEED, Made this / jc'day of 'Do-c.i^* [.,*q Doc (to- ? cbY SLJNLTGTIT INN PARTNERSHTP, a Color:ado General partnership, of the County of Garfield and State of Colorado, grantor, and St NLTGHT INN & REALTT LIr[rrED LIABILITT co., a cotoradoLimited Ltability Company whose.leggl address is 10252 Road 117, Glenwood springs, co g1601, county ofGarfield, State of Colorado, grantee: As dessribed on Exhibit'4" attached hereto. r*,HHf,.Y$[ffiT'},l3:i]',%?t"?t$3id88dffi iti'i:ti'j:H#Xi:,*"'valuable consideration, the receipt and sufficiency of which is her"ebyacknowledg-ed, ha,s granted, bargained, sqld and donveyea, u"a uy-tti.se presentsdoes gr1nt, bargain, sell, conuey-and confirm, unto ihe-grantee, it* srr..er.ors and Ssllgns lorever, all.theteal pr'op^erty logqt\er with improvements, if any, situate,Iytng and being in the County of Garfield, State of Colorado, desciibed ii fouows: il it ll ti ;I ii li il ii li TOGETI{ER with all and singular the hereditaments and appurtenances !!:-r+I.longing, or in anSrwise appJrtaining, and the revercio"-u"-a';";;;i;;;;remalnder and remaind.ers, rents, issu-es,_and profits thereof, and all the estate,' 1ight, title, interest, clairn and demand whatsdever, of tfr" grb"t*, .iiirer in law orin equity, of, in and to the above bargained premises, *ilt "tt. ti;;;ai;;-"nts andappurtenances. To tIAvE AND To HOLD the said premises above bargained anddescribed, *itl] the appurtgnqnce-s-, unto the E"u"!ee; its succesi;r;;a;.ig6forever. And the granior for.itself, its assigni "nd *...ssors in interestdd;-covenant, grant, bargain, and agree tg and-with the grantee, its successors andassigns, that at the tirne of the dnsealin-g and deliverf oitt ":." p;;*"t;, if is weUg"if * of.jlre premises above conveyed, Eas good, rr"[, p".]..t, -utroj"il u"aindefensible estate of inh.eritance, in liw, i1-fee ri*pt.,'und h;s ;;;d .igr,[, rurrpoye-r and lawful authority to grint, bargain, sell aird ;;";.t th;;;;; in mannerand form as aforesaid, and thaf the iamiare'free and .t"u.f"o* att forme. unaoth,e1 grants, Fargaini, sales, liens, taxes, u.r.r"rn".r1r, rn.r-tia"ces a"dresErlcrlons ot whatever kind or nature loeyel except gr:neral property taxes forthe year 1992 and subsequcnt years, and subject to'e-aiem;tr;;igli;.loi-*uv,---restrictions, resen'ations, coveirants and agr6ernents of iecora,;;i;;;isterice, ifany. . .Th. gran_tor shall and will WARRANT AND FOREVER DEFEND theabove-bargained premises in the .quiet and peaceable possession of the grantee, itssuccessors and assigns,-against ali and every pers-on oi p"rsorrs la*fuitf cial;il;-ll: y,h:t. oI any palt fhereof, The singurai ri"*u." rt;[-il;il4; ii,. pr"r"r, tir-Eplural the singular, and the use of any gender shall be applicable to ull g"rdd"s. - IN WITNESS WHEREOF, the grantor has executed this deed on the dateset forth above. SI_INLIGHT II.II{ P A PTNItrpqlIrn , coro'ud" -ci,i"iir^ilit"i'ffi^^ ' qEVEN qEAS EQUITIES, INC. General Partner ) l t )i By' By, Bocr( EsO Prffi681- STATE OF FLORIDA -CoUNTy or lTnd/^a-<l )) ss. ) Witness my hand and notarial seal o, t4ex, Lgg& My commission expires: h-n+- al t f f4- ----7- I BLIJI( 850 ptcr$Ez A tract of rand situated in Ure sw1/4Nw1/4 and Lhe Nwl/4sw1/4of sectlon 33, Tow'ehip ? south, Range 89 weet of ttre 6ilr p.H.,lying southerly of the southerly right-of-way rrne of a publicroad as constructed and in prace, said parcer of ra,d describedas followe: Beginning at a point whence tlre sect.ion corner comrnon toSections 27, 28,33, and 34 in said Townslrip a'd Range l>ears:ll. 64 degrees 57,00" E. 5286.10 feet; tlrence N. 72 degrees 44'46" 8. r52.4g feeL arong t,rre souHrer).yrlghE-of-way of said road; thence cont,inuing along eaid road on the folrowing courses,N. 65 degrees 39,20" E. 176.60 feet.; thence N. 8l degreea 00,35" E. 89.99 feet; thence S. 66 degrees 03,51" E. 92.S0 feet; thence S. 44 degrees 57,36', E. 216.11 feeL; thence departing sald county road s. ?3 degreeg 59,43" l.l. LBl.z7feet; thence N. 27 degrees 30,00" W. thence N. 83 degrees 59,00" W. thence S. 56 degrees 53,30" W. thence N. 69 degrees 3O,20" W. thence N. 36 degreea 27,10" 9f. of Beginning. ALSO DESCRIBED AS: LOT 1 SUNLIGTIT INN EXEI{PTION According to the plat recorded as Reception No. 390927. COUNTY OF GARFIELD STATE OF COLORADO April 7, 1988 55.00 feet; 215. O0 feet; I05.00 feet; BB. 0O feet; 50.00 feet to Tlre poinh B0r( EsO prctm4 A tract of rand situated in the sw1/4Nr.r1/4 and the Nw1/4swl/4 ofSection 33, Township 7 South, Range 89 West. of the 6th p.H..lying southerly of ilre southerry rigrrt of way li'e of a pubticroad ag constructed and in prace, said parcer of rand isdescribed as follows: Beginning at a point whence the section cor,er common tosections 27, 28,33, and 34 in said township and range bears: N.64 degreee 57, OO* E. 5286.10 feet;thence N' 72 degrees 44'46" E. 752.48 feet arong tl're eoutherly right of wayIine of said road; thence N' 65 degrees 39'20" E. !76.60 feet along t.he southerly right of wayline of eaid road; thence N. 81 degrees 00'35" E. g9.89 feet arong the southerly right of wayIine of said road; thence s' 66 degrees 03'51" E. 92.50 feet along the southerly right of wayline of eaid road; thence s' 44 degrees 57'35" E. 216.11 feet along the southerry right of wayllne of said r.oad; thence s' 58 clegrees 33'34" E. 155.35 feet arong tlre southerly right of wayline of said road ithence S. 19 rlegree s 27 , 26" Vt . 341 . 98 f eet ithence N. 55 degrees 40.19" W. 250.62 feet;thence N. 52 degrees 04,07', W. 149.4G feet;thence N. 71 degrees 25,23', W. 67.09 feet;thence N. 79 degrees 44,0g" W. gg.37 feeL;thence N. 58 degrees 55,00" W. 100.97 feet;thence N. 27 degrees 51,05" W. 45.6? f eet,.thence N. 55 degrees 13,38. W. G1.35 feet;thence N. 37 degrees 30,20. W. 30.93 feet;thence N' 18 degree" rg'43" E. 40.46 feeL to the point of beginning. COUNTY OT GARFIELD STATE OF COLORADO ALSO KNOWN AS AND DESCRIBED AS FOLLOWS: A tract of land situated in the sw1/4Nw1/4 and the Nw1/4sw1/4of Section 33, Township 7.South, Range g9 West of the 6th p.M.,rying southerly of the soutl.rerry right-of-way rine of a publicroad as constructed and in prace, said parcer of rand crescribedas f ol. lows: Beginning at a point whence Sections 27, 28, 33, and 34N. 64 degrees 5?,00,, E. 5286tlrence N. 72 degrees 44,46,,right-of-way of said road;thence continuing along saidN. 65 degrees 39,20" E. tZ6.thence N. B1 degrees 00,35', thence S. 66 degreee 03,51" thence S. 44 degrees 57,3G', thence departing said countyfeet; the Section corner comrnon toin said Township and Range bears:.10 feet; E. 152.48 feet along Hre Southerly road on tlre following couraes, 6O l"esg; E. rj9 . B9 f eet; E. 92. 50 feet; E. 216.11 feeL; road S. 73 degreee 59,43. w. L87.27 thence N. 22 degrees 30,00" W. 65.OO feet;thence N. 83 degrees 59,00" W. 215.00 feet;thence S. 66 degrees 53,30" l{. lO5.OO feet;thence N. 59 degreeg 30,20" W. BB.OO feet;.thence N. 36 degreee 27'10" w. 5o.oo feet to The pointof Beginning. AI-SO DESCRIBED AS: LOT 1 SUNLIGHT INN EXEHPTION According to the plat recorded ApriI Z, Igggas Reception No. 39092?. COUNTY OF GARFIELD STATE OF COLOMDO :]:HIBIT "A"iof2 tluilr( S50 PActGEs A tract of land situated in the Swl./4Nw1/4 and the Nl'J1/4sW1/4 of Secbion 33, Township ? South, Range 89 West. of the 6th P-M-, J.ying aoutherly of the souther).y right of way line of a public road as constructed and in place, said parcel of Land described as foLlows: Beginning at a point wlrence the Section Corner common to Sections 27, 28, 33 and 34 in said township and range bears: 64 degrees 57'00" E. 5286.1O feet; thence S. 36 degrees 27' 10" E. 50.0O feet; thence S. 69 degrees 30'20" E. 88.00 feet; thence N. 55 degrees 53'30" E. 105.00 feet; thence S. 83 degrees 59'00" E. 215.00 feet; tlrence S.2? degrees 30'00" E. 55.0O feet; thence N. 73 degrees 59'43" E. 187.27 feeL to a point on tl:e aoutherly right of way line of said county road; thence along said county road S. 58 degrees 33'34" E. 155.35 feet; thence departing eaid count.y road S. 19 degreea 27'26" Vl. 341.98 feet; thence N. 55 degrees 4O'19" E. 250.62 feet; thence N. 52 degrees 04'0?" W. 149.45 feet; thence N. 71 degrees 25' 23" W. 67.09 feet; thence N. 79 degrees 44' 09" W. 99.37 feet; thence N. 58 deqrees 55'00" W. 100.97 feet; thence N. 27 degtees 51'05" W. 45.67 feeE; thence N. 56 degrees 13'38" w. 61.35 feet; thence N. 37 degrees 30'20" W. 30.93 feet; thence N. 18 deqrees 16.43. E. 40.46 feet to the point of beginning. ALSO DESCRIBED AS: LOT 2 SUNLIGHT INN EXEHPTION According to the Plat recorded April 7, 1988 ae Reception No. 390977. COUNTY OF GARFIELD STATE OF COLORADO D(HTBIT "A'' 2of2 N. l TECORDEO REC I ll AT ee-L 444495 o'cLocf, F.*. DEC 2 3 1992 I.IILDRED ALSDORF, COUNTY CLERT QUIT CII\IM DEED My commission expires h".^ AC - Lgg4. - Witness my hand and oflicial seal. ll ri li l, To IrA\zE AIYD To HOLD the same, logether with all and singular theappurtenances and privileges .thereunto. beloni,in! o" in'aPPur-uerrances ano Pnuleges thereunto belonging or in anywise thereuntoappertainilg agd-all the e-state, right, title intireitilA ,i""i*'*t i;;;;;"".claim whatsoever, of thegrantor, either in law or equity, toihe ";tt p;;p;i-"*, u""diit ,"a u"t "of of thegrantee, its successors and-assifors foreveri r -r -- -- IN WIIIYESS WHEREOF, the grantor has executed this deed as of thedate set forth above. SUNLIGHT INN PARTNER.SHIP. a Colorado General Partnership BY: SEVEN SEAS EQUITIES, INC., a Florida corporation, General Parther Byt STATE OF FLORIDA COUNTY OF PINELLAS ) ) ss. )tw:iB'ryll,yffi l'#sxi""1r,"f"ls,ffi ruBti."#dayorv- v- -'- vv . Lvv e. uY uqul[les, lnc., a l'lorida corporation. I orrcx S5O Prff6s'7 GAF{;:IELD Stae Doc. Fee$%' DEC 2 3 1992WralTi$trl HH,i{i"'. !l*ffiS;1g1;ff ;.t;i&};*, addreis is 1025td;u'ry h;"d rii, cr."wood r""D"'lilmff;fi lHi#1*:.T"fr'llt'*'ut['x"t:*lfl,,Tt#1Hil,,1i5su$1i91E9!ylr_ich is hereby ac-knowlede"a, n* ";;i;;d;;":6;"e;;;ia, i,-r"",iy.a l,rq-Qqtq 9LAIMED, a1d by these pr.ri.,tJ a*. r"*i.q'".ri*",lii,'.or'ey and Q U I T c LArM u n to the gr anle e,_ i rs- du cc esso rs ""a *-r]igrrr; i;;;;r; ;lj i[ 6 il!r,]l' - [t&iti,Eii;''}urr$ircf,;ll*f.l*"mmt*uir*t1r.:*"xffilll,f:f:*I t9l. particularly describqd on oitiiuid"a"'attachea ri.i.io, ruia --- exhlblts being incorporated herein by this reference. 09,t0' B:193:SuroCtJR B00t( EsO pr6tGES A tract of land situated rn the sw1/4Nw1/4 and the Nwr/4srf1/4 ofSection 33, Township ? South, Range g9 West of the 6th p.H.,lylng southerry of the southerry rrgrrt of way rine of a pubricroad as constructed and in place, eaid parcet or rand rsdescribed as follows: Beginning at a point whence the section corner common tosections 27, 28, 33, and 34 in said township and range beare: N.64 degreee 57,00" E. 5296.1O feet;thence N' 72 degreee 44'46" E. L52.48 feet arong the eoutherry right of wayline of eaid road; thence N' 55 degrees 39'20'E. 776.60 feet along t.he eouLherry right of wayIine of eaid road; thence N. 81 degreee 00'35" E. g9.89 feet along the southerry right of wayline of eaid road; thence s- 6G degrees o3'51" E. 92.50 feet along the soubherly right, of wayline of said road; thence s.44 degrees 57'36" 8.2t6.11 feet along ilre southerry right, of wayllne of said road; thence s' 58 degrees 33'34" E- 155.35 feet along the southerry right of wayline of said road; thence S. 19 degree s 27 ,26" W. 341.98 f eet,;thence N. 55 degrees 40,19. W. 25O.62 feet;thence N. 52 degrees 04,02" W. 14g.46 feet;thence N. ?l degrees 25,23" W. 62.09 feet,;thence N. ?9 degrees 44,09" W. 99.32 feeb;thence N. 58 degreeg 55,00,. W. 100.97 feet.;thence N. 27 degrees 51,05" W. 45.67 feet;thence N. 56 degrees 13,38. W. 61,.35 feet;thence N. 37 degreee 30,20, W. 30.93 feet;thence N. 1g degrees 16'43" E. 40.46 feet to the point of beginning. COUNTY OT GARFIELD STATB OF COLORADO ALSO KNOWN AS AND DESCRIBED AS FOLLOWS: A tracr of rand situated in the sw1/4Nw1/4 a,nd the Nwl/4slJl/4of section 33, Township 7 south, Range gg weet of the 5th p.M.,rying southerry of the southerry right-of-way line of a pubricroad as constructed and in place, said parcer of rand deecribedas fo.l. lows: Beginning at a point whence t^e section corner common toSections 27, 29, 33, and 34 in said Township and Range bears:N. 64 degrees 57,00" E. 5286.1O feet; Ii;il;:"I:,li 3?':::: iI3:" '' rs2'48 reer arons rhe sourherry thence continuing along eaid road on the following courses,N. 65 degrees 39,20" E. 126.60 feet;thence N. 8I degreeg 00,35" E. 89.g9 feet,;thence S. 66 degreee 03,51" E. g2.5O feet;thence S. 44 degrees 5?,36" E. 216.11 feet;thence departing said county road S. ?3 degrees 59,43* w. Lg..27feet; thence N. 27 degrees 30,00" W. GS.OO feet;thence N. 83 degrees 59,00" W. 215.OO feet;thence S. 66 degrees 53,30" W. IO5.OO feet;thence N. 69 degreee 30,20" W. BB.OO feet;thence N. 36 degreeg 27,10" W. 5O.OO feet to The pointof Beginning. ALSO DESCRIBED AS: LOT 1 SUNLIGHT INN EXEMPTION According to the plat recorded April 7, tgggas Reception No. 3909?7. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT ''A'' lof2 orrctt 85O ?lor6Eg A Lract of land situated in Lhe sw1/4NW1/4 and the Nw1/4sw1/4 of Section 33, Townehip ? South, Ilange 89 West of tlre 5tlr P'M" lylng eouLherly of the southerly right of way line of a public roadasconsEructedandinplace,saidparceloflanddescribed as follows: Beginning at a point whence tshe Section corner common to SectS-ons 2?, 28r 33 and 34 in said township and range beare: N' 64 degrees 5?'OO" E. 5286-1O feet; thence S. 36 degrees 27' 10" E. 50'00 feet; thence S. 69 degrees 30'20" E. 88'00 feet; thence N. 66 degrees 53'30" E. 105 ' 00 f eeb,' thence S. 83 degrees 59'00" E. 215'O0 feeti thence S. 27 degreee 3O'OO' E. 65.00 feeb; tlrence N. ?3 degrees 59'43" E. 18?.27 f.eeL to a poinE on tlte southerly right of way line of said countY road; thence along said county road S. 58 degrees 33'34" E' 155'35 feet; thence departing aaid county road s. 19 degreee 27',26" W. 341'98 feeti thence N. 55 degrees 4O'19" E. 25O.62 feebi thence N. 52 degrees 04'07" W. 149.46 feet; thence N. ?1 degrees 25'23" w. 67.09 feet; thence N. 79 degrees 44'09" W. 99.37 feet; thence N. 58 degrees 55'00" W. 10O.97 feet'; thence N. 27 degrees 51'05" W' 45'67 feet; thence N. 56 degrees 13'38' w' 61'35 feet; thence N. 37 degrees 30'20' W' 30'93 feet; thenceN.leaegrees15,43"E.40.46feettothepointofbeginning. ALSO DESCRIBED AS: LOT 2 SUNLIGHT INN EXEMPTION According to the PIat recorded April 7' 1988 aa RecePtion No. 390977. COUNTI OT'GARFIELD STATE OF COLORADO P(HIBIT ''A'' 2ofZ buiJ(tstl rjt(irU * -#-+,. EXHIBIT NB' tO QUIl CLAI}'I DEBD I I ,l I I l a IN IN 'l'lll: DI:;'iltl(:'r cotllit IN AND l.,A'rEll t)IvIsl()ll ll0. 5 s't'ATl; o!' Cotoll lJo cAsE No. tl- l216 FOn RULING OF THE ANSOI.UTE The nch l.tell'.:n' - | IN TIIE }IATTE|I OI.' TIIE .APPI,TCATICN FOR'tf^f!:n nlcil,S 9p l.llLLI,\NS pliAK Lr\ND COIIFANY IN TIIE ROARING FORK RIV';R OII ITS TRII}UTAIIIiIS TRIDUTANY ITWOLVED: FOUR I.II,LE CREE,KIN GAR1'IELD couhTI And .tho Rcferee hirving mado thc by Article 2I of Choptcr ltrSr C.ll.S. 196], moh tho follorln6 rulingl to vil: UNDUT( GIIOUITD inveotlgatlono rcquircd us amondod dooo horoby tho Uator Roforoc of Oc tober L9fr-. ) ) ) ) ) ) ) ) ) SETEI|EE DMREE TOR IIATER nIGHIS :'.1 I I Thla oppllcntion t{us referrod Yotcr Dtvlolon No. ! on tho ffih dey of to r. Namo or orrr::-"n, :):'lili"ti:l :t"3":il!lt,Addrcss ci""rbfa sprrnts, cororado 2. Ttro nomc'of thc aLructuro io the Ranch Well. Skt. Areo ). Ttrc lagal dcscription of tho ctructura tc':- The well la loCetedln t,he St.ttt{t.lt -of SecEIon.33, T. 7 S.-, R, 89 t{. of, the 6th : P'M. at,'a poinr 1245 f eeE liasE of che trresc ltne'rnd .zzgs -feeE Sout,h of t,he Noruh ltne of sald Sectlon 33. {. Tho dcpth of tho vell io 60 f'eeE. 5. Thc doto of initiation of oppropriation ls . May 1940. 6. Thc amount of yotcr cLaimed is 0.055 cubtc fooE p:r.. second of tlne. ' J. Thc usc of the vatcr ia dornesEic, f lrc proEec[lon; drlnklr.rg.andsaniEary f ::cilicies f or comrnerclal buslness, Iavrn lrrtgalion.L Thc stolc-Engi;;.r,;-numuer-iJ - nlnu, !. The hiority daBc ia May 3I, 1940. IO. Tho dotc of thc application vas June 30, lg7'2. ' "' " "'' Il ia'tho ruling of thc Fcfcroc thal thc rtatcmontc ln tho appl,ication arc truc and that tlic obovc dcscribed yater rlght lc opprovcd and grantcd thc indicaLcd priority; subJect, hovcverl tOaII eorlicr priority ri6hts of othcrs. Itiooccordin6IyordcrcdthatthioruIin5oha1Ibccooo affective upon filing uith [hc llatcr Clcrl*. o;bjcct to Judlctol rrvlrly ao providod by lav. Dono qt Z3 drto!of -Q :'i;;Z: sPrin5s' colorado thlc l.lo protect zns f ilod Tho foregal,n6 rullnn ond opproved. nnd lg Jud6,oon! and Dccroe ln th'.5 Gnttor. 1:i conf l rocd mado tho of tlrls court, 7zY r l'l) / thc City of tlutl<, llcf crcc Divloton }{o. of Colorodo Datod r Y,ffii# ft,\ 9. Catllngs-yetjack Moderately steep to very steep, well drained, deep soils; on ridgetops, mountainsides, and benches This map unit is in the central part of the survey area. Slope is 12 to 65 percent. The vegetation is mainly aspen, woody shrubs, grasses, ind forbs. Elevation is 7,500 to 9,500 teet, tne average annualprecipitation is about 1g to 20 inches, the average annual air temperature is 39 to 41 degrees F, and the average frost-free season is 70 to g0 days. This unit mafe.s. up about 2 percent of the surveyarea. lt is about 41 percent Caitings soils, 38 prr.rntYeljack soils, and 21 percent soiljof minor extent.Callings soils are on convex ridgetops andmountainsides. These soils are mJderately steep tovery steep. They formed in alluvium and colluviumderived dominantly from sandstone. Typically, thesurface layer is loam. The next layer ii graveily toamand very cobbly clay loam, The subsoil is very'graveilyclay loam. Below this to a depth of 60 inches'is-very , cobbly sandy clay loam. _ Yeljack soils are on mountainsides and benches.These soils are moderately steep to very sfeep. Theyformed in alluvium derived dominantly from sandstoneand loess. Typically, the surface layer is silt loam, Thenext layer is silty clay loam and clay loam. The subsoilto a depth of 60 inches or more is clay loam. Of minor extent in this unit are Ansel and Anvik soils.This unit is used for livestock grazing or wildlifehabitat. rt provides good summer-and titt naoitat for erkand mule deer. Other common wildlife species aroOluegrouse, ruby-crowned kinglet, cottontail, porcupine, andblack bear. 10. Jerry-Cochetopa-Forsey G.gnily stoning to very steep, welt drained, deep soits; onalluvial fans, hiils, vailey sides, mountainsides, andridges This map unit ls throughout the survey area. Slope is1 to 65 percent. The vegetation is mainly grasses,forbs, and woody shrubs. Elevation ls Z,'SOO to tO,SOOfeet. The average annual precipitation is about 17 to ZOinches, the average annual air'temperature is 36 to 40degrees F, and the average frost_free season is 45 to85 days. This unit makes up about 44 percent of the surveyarea. lt is about 33 percent Jerry and similar soils, gbpercent Cochetopa and similar soils, 20 percent ftiseyand similar soils, and 17 percent soils of minor extent.Jerry soils are on alluvial fans and hills. These soils T.7S T.7S. T.8 S 39"22'30' lO7" 22'39' This soil survey map was comprled by the U. S. Department of Agriculture, Soil Conservation Service. and cooperatrng agenctes. Base maps are orthophotographs prepared by the U. S. Depart- ment of lnterior, Geological Survey f rom 1979 aerral photography. Coordinate grid ticks and land drvision corners, rf shown, are approximately positioned. L ;-? L 3/4 l/2 1,4 0 I 05 0 SCALE 1 24 o o-3r zs .so ASPEN.GYPSUM AR{ l"lay 1I, 1'3'33 Sr-rnlight Etavarian Inn 1OI5: C':r-tnty Rd. 117 Glenw':,':d Springs, CC," A16Ol l,lr . Peter Er i ql-ram, Ski Sr-rnligl-rt Inc, aEtrees 'b,: eagement t,:, ;qf cegs trt,: pr,:rp'3ged appr':'r;irnate easement is Ehrswn t:n ht grant the Sr-rnlight Inn residential r-rnits. The 'bl-re at ta. c hed rnap. ffi an -^dJ{ T hr:rrnAE Genera I ckkL C. Jan[;*vsky I'lanager c c. Lec,nard L':rrentst:tn '1 0901 RD 1 17 . GLENWOOD SPR|NGS, CO 81601 . (303) 945-7491 . TOLL FREE 1-800-445-7931 fi N\\ ,97 e Geological Survey erial Itum ;ystem, central zone 'ic ks. r 480 000 FEET 20' \ (sroNv Rro6E' 301 4562 tV SE SCALE 1:24000 zr,)t - t z s l0@ 0 1000 2m0 3000 4000 5000 6000Kfw@e-1.50 I CONTOUR INTERVAL 40 FEET DOTTED LINES REPRESENT 20.FOOT CONlOURS NATIONAL GEODETIC VERTICAL DATUM OF 1929 lun'il 1,,..t"28'll TT =r--s- 26 MrLSll / [/ l"lay 1'tr, 19'33 Sunliqht B*varian Inn 1O:5': Cnunty Rd, tL7 Elenw':,:d Springs, Cr', 816111 Plr. Peter Erigharn, Ey c,rntr*ct the Sr-rnlight Inn5ki Sunl igl'rt lrlastewater Treatment The 51,;i Sunlight lrlastewa.tercurrently at 6tlZ capacity duringfacility has sr-rfficient Eapacityresidential rinits. haE t he r i qlh t tr' r-rse t;heFaciIity. Treatment Facility is may; imr-rrn r-lsage. The f ':r tw,:' a.cJd i t i':na 1 5t c pd. Thc,mas C. Janl':,:vsl-;y Genera L l"lanager c c. Le,:nard Lc'rentsnn 10901 RD 1 17 . GLENWOOD SPR|NGS, CO 81 601 . (303) 945-7491 . TOLL FREE 1 -800-445-7931 DBpanTMENT or EUERGENcY SBRvICES EMS.FIRE.RESCUE 5-6-93 Mr. Dave Michaelson Garfield Councy Planning DePi. 109 8th Street Glenwood Spring, CO. 8l-501 Dear Dave, This letter is in reference to Mr. Peter Brigham's plans to divide his property for the purpose of building two townhomes near the Sunligh-t Inn on LL7 Road. ttre property in question is within the bound-aries of the Glenwood Springs Rural Fire Protection District, and emergency response will continue as it does now. Be advised that if more than two dwellings are built or if the property is defined as a planned development. or subdivision, .we -;ili neeO to review a1-1. plans for compliance with the Uniform Fire Code including, an approved water supply for fire fighting purposes. If you have any questions or need more information, please give me a caII Glenwood Springs Dept. of Emergency Services cc: Peter Brigham JadX JonesAsst. Chief g06 cooper Avenue . Glenwood Springs, colorado 81601 . (303) 945-2575 tlaattt . FAX (303) 945-2597 Suruurtr aY4, HOLY CROSS ILECTRIC ASSO,.-IATION, lNC. 3799 HICHWAY 82 P.O. DRAWTR 2150 CLENWOOD SPRINCS, COLORADO BI602 May 18, L993 Mr. Peter BrighamSunlight Bavarian Inn LO252 County Road LL7 Glenwood Springs, Colorado 8L601 RE: Sunlight Bavarian Inn Expansion Dear Peter: The above mentioned development, is within the certificatedservice area of Holy Cross Electric Association, Inc. Holy Cross Electric Association, Inc. has existing powerfacilities located on or near the above mentioned project. Theseexisting facilities have adeguate capacity to provide electric power to the development, subject to the tariffs, rules andregulations on file. Any power Iine enlargements, relocations,and new extensionei necessary to deliver adeguate power to andwithin the development wiLl be undertaken by Holy Cross ElectricAssociation, Inc. upon cornpletion of appropriate contractual agreements. Please advise when you wish to proceed with the development ofthe electric system for this project. socIATroN, INC. Staking Engineer JAF: rjm (303) 945-5,+91 (FAX) 9.15-40U1 Sincerely, - CONTINUED FROM PREVIOUS PAGE - TASLE OF I'IINIHU'I HORIZONTAL DISTANCES IN FEET BETI.JEEN COMPONENTS OF A SEWAGE DISPOSAI. SYSTEI{ INSTALLED AI'TER NoVEIIBER 15, 1973, AND PERTINENT PIIySICAL FEAflIPdS Sprlng, We1ls, Suctlon Llnes Potable Water Supply Potable Hater Supply Dre1J.lag, 0ccupled Dry Gu].ches Septlc Tank Property Subsoll Llnes Dralns Lake, I{ater Course, Irrlgatlon Dltch tern BulLd r SEream Septlc Tanks, Treatnent Plants, Doslng Tanks or Effluent Llnes Bulldlng Sewer ** 50 ** 50 ** 10 10 ** 10 0 *rt 10 ** 10 ** 50 ** 50 ** 10 ** 10 * 525 25 IF\o I NOTE: ltre mlnlnun dlstances shogrn above shal1 be maiutaLned betweeu the system components and the physlcaJ. features deecrlbed. I{here soi1, geologLcal or other condltloua lrarratrt, greater dlstances may be required by the local board of health or by the water Quallty control connissioB pursuant to c.R.s. 1973, 25-8-206 ln accordance rtth the authorlty prescrlbed by law and rulee and regulatlons lmplemenEal of sald eecElou. For repair or upgradlng of exletl.ng systens where the slze of lot precludes adherance to these dlstances, repaLred faclllty sha1l not be closer to water supply cotrponente thau the exlstlng facl1ltles. * Compouents rrhich are not water tlght should not Lxtend into areas of the rooE syaEem of nearby trees. Dletance shorvn shall noE apply to treatment plante or effluent llnes where recylclug Ls'permltted. ,b* Croesluge nay be permltted where plpellnes are conatructed of sufflclent etreogth to contaln flowe uoder presaure. *** Add 8'feet additlonal dietance for each 100 gallons per day of deslgn flow over 1000 gallone per day. .-)-- ADDENDUM TO APPLICATION FOR SUBDIVISION EXEMPTION SUBMITTED BY SUNLIGHT INN & REALTY LIMITED LIABILITY CO. Item D. Names and addresses of owners of real property located within 200 feet of property proposed for exemption: 1. Ski Sun1ight, Incorporated 10901 l- 17 Road Glenwood Springs, Colorado 81601 2. Leonard E. Lorentson P.O. Box 932 Kokomo, Indiana 46901 Names and addresses of mineral owners of record of the property to be exempted: 1. Nata J. Mason 301 McKarronRif1e, Colorado 81650 2. CarI D. and Kathryn Tucker Sunflower Lane Bedrock, Colorado 81411 Item H. Statement of the reason for requesting subdivision exemption: The Sunlight Inn & Realty Limited Liabitity Co. is reqriesting a subdivision exemption to cieate two lots in order to buitd two residential town home dwellings. One of these dwellings will be used by the undersigned resident manager of the Sunlight Inn as my personll residence. This is sorely needed because my wife and I lnd our four children are presently living in a smaIl two-bedroom manager's apartment within the existing Sunlight Ilt. The other dwelling would serve as a model for future development should Garfieli County approve the P.U.D. proPosal soon to be submitted by the Sunlight Inn & Realty Limited Liability Co. Furthermore, the owners of the Sunlight Inn believe that any show of progress at the Sunlight Inn will benefit the entire county and loca1 economy. We therefore respectfully request that you look favorably at our epplication for Subdivision Exemption. 9. Callings-Yeljack Modgytely steep to very steep, well drained, deep soits; on ridgetops, mountainsides, and' benches This map unit is in the central part of the survey area. Slope is 12 to 65 percent, The vegetation is mainly aspen, woody shrubs, grasses, and forbs. Elevation is 7,500 to 9,500 feet, The average annual precipitation is about 'lB to 20 inches, the average annual air temperature is 39 to 41 degrees f, anO tne average frost-free season is 70 to g0 days, This unit make.s up about 2 percent of the surveyarea. lt is about 41 percent Callings soils, 3g percent Yeljack soils, and 21 percent soilJof minor extent. Callings soils are on convex ridgetops and mountainsides. These soils are moderately steep tovery steep. They formed in alluvium and colluvium derived dominanfly from sandstone. Typically, thesurface layer is loam. The next layer ii'graveity toamand very cobbly clay loam. The subsoil i-s very'gravellyclay loam, Below this to a depth of 60 inches'is-very ' cobbly sandy clay loam. Yeljack soils are on mountainsides and benches,These soils are moderately steep to very steep. Theyformed in alluvium derived dominanily from sandstoneand loess. Typically, the surface layer is silt loam, Thenext layer is silty clay loam and clay loam. The subsoilto a depth of 60 inches or more is clay loam, Of minor extent in this unit are Ansel and Anvik soils.This unit is used for livestock grazing or wildlifehabitat, rt provides good summer-and tltt naoitat for erkand mule deer. Other common wildlife species are OtLegrouse, ruby-crowned kinglet, cottontail, porcupine, andblack bear. 10, Jerry-Cochetopa-Forsey !,7ntly,s.toOinq .t9 very steep, weil drained, deep soits; onalluvial fans, hilts, valtey sides, mountainsides, andridges This map unit is throughout the survey area. Slope is1 to 65 percent, The vegetation is mainly grasses, forbs, and woody shrubi. Elevation is 7,S00 to 10,500feet. The average annual precipitation is about 17 lo Z0inches, the average annual air temperafuie is 36 to 40degrees F, and the average frost-free season is 45 to85 days. This unit makes up about 44 percent of the surveyarea. lt is about 33 percent Jerry and similar soils, 3bpercent Cochetopa and_similar soils, 20 percent Forseyand similar soils, and 17 percent soils of minor extent.Jerry soils are on alluvial fans and hills. These soils T.7S. T.7S.r8t 39"22'30" tO7" 22'36' R 89W This soil survey map was compited by the U. S. Departrnent of Agriculture, Soil Q6n5sry6tion Service, and cooperalrng agenctes. Base maps are orthophotographs prepared by the U. S. Depart- ment of lnterior, Geological Survey f rom 1979 aerrat photography. Coordinate grid ticks and land divrsron corners, rf 5hown. are approxi mately positioned. SCALI I 2.: ASPEN GYPSUM ARl ADDENDUM TO APPLICATION FOR SUBDIVISION EXEMPTION SUBMIfiED BY SUNLIGHT INN & REALW LIMITED LIABILITY CO. Item D. Names and addresses of owners of real property located within 200 feet of property proposed for exemption: 1. Ski Sunlight, IncorPorated 1090L 117 Road Glenwood Springs, Colorado 81601 2. Leonard E. Lorentson P.O. Box 932 Kokomo, Indiana 46901 Names and addresses of mineral owners of record of the property to be exempted: 1. Nata J. Mason 301 McKarronRifIe, Colorado 81650 2. CarI D. and Kathryn Tucker Sunflower Lane Bedrock, Colorado 81411 -I-tem_El. Statement of the reason for requesting subdivision exemption: The sunlight rnn & Realty Limited Liability co. is reqy9?tlng a subdivision -exemption to cieate two lots in order to build two residential town h-ome dwellings. One of these dwellings will be used by the undersigned resident manager of the Sunlight Inn as my personil residence.- This is sorely needed because _my wife and I ind our four children are presently living in a small two-bedroom manager's apartment within the existing Sunlight Iln. The other dweliing wduld serve as a model for future development should Garfieli County approve the P.U.D. proposal soon to be submitted by the Sunlight Inn & Realty Limited Liability co. Furthermore, the owners of the Sunlight fnn believe that any show of progress at the Sunlight Inn will benefit the entire county and loca-I economy. We therefore respectfully request that you look favorably at oui application for Subdivision Exemption.